R-1528 - 01/12/2016 - POLICE DEPT. - Resolutions Supporting Documents ITEM 9.A. 1)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
January 12, 2016
SUBJECT: Police Lockup Facility Improvements
FROM: James R. Kruger, Chief of Police
BUDGET SOURCE/BUDGET IMPACT: 421-90400/$176,000
RECOMMENDED MOTION: Motion to Approve RESOLUTION 2016,PD-RNVTN-
PRJT-AG-R-1528, a Resolution Approving and Authorizing a Professional Services
Agreement by and Between the Village of Oak Brook and Williams Architects,LTD for
Architectural Design Services for the Police Department Renovation.
Background/History:
The Village and the Police Department have been working with Mr. Mark Bushhouse of
William's Architects for the past three years to identify concerns with the current physical plant
at Village Hall and the Police Department. Issues identified included employee and public safety
concerns, customer services inefficiencies, way finding signage needs, current life safety and
ADA improvements, and general workflow improvements. The architectural firm performed a
space needs analysis in 2012 working with all Village Hall departments and developed several
scenarios. Those scenarios included an all-encompassing plan to revamp a significant portion of
Village Hall and the Police Department into a more modern, effective municipal building, then
several middle of the road approaches, and finally a phased approach to significantly improve
public safety as cost effective as possible. The space needs assessment did confirm that we do
have enough square footage under roof, other than what is proposed for a Police Department
Sally Port. However, there are always challenges in retrofitting an existing building that was
designed nearly forty years ago. The phased approach takes into consideration the most critical
infrastructure concerns relative to officer and public safety first. Other building needs are also
identified that address customer service, and a need to make our lobby entrance safer and more
accessible for visitors and employees.
Upon approval by the Village Board to seek proposals in March of 2014, the Village received
approximately twelve proposals from various architectural firms. The Village Board was then
consulted in August of 2015 and affirmed moving forward with a final selection process and
negotiations with the chosen firm. The committee of the Police Chief, Public Works
Director/Engineer and Village Manager selected the top three firms to interview, Williams
Architects, FGM Architects, and Dewberry Architects. After careful consideration utilizing the
QBS process, Williams was selected. Staff then began negotiations on the scope of work and
contract with the Village Attorney. The attached contract was negotiated and approved by the
Village Attorney for the Village Board's review and approval.
Besides the detention zone of the Police Department the Butler Government Center continues to
experience leaking from the poorly designed pedestrian walkway on the northern exposure of the
building. It is also a security concern for Village Hall employees due to the accessibility of
unauthorized persons being able to walk next to the windows and peer into the secure offices of
the Finance and Administration Departments. The walkway also overlooks the current police
employee and lockup entrance creating an officer safety vulnerability. As part of the planning
process, Williams has discussed the feasibility of closing off that walkway with a roof system
that will eliminate the leaks and also enhance security of Village Hall as well as eliminate access
to the roof of the planned sally port addition.
After several years of planning, we are ready to move forward with the final planning and
bidding stage of this project. Mr. Mark Bushhouse of Williams Architects will be in attendance
to discuss the project going forward.
Recommendation:
Request approval from the Village Board to enter into an agreement with Williams Architects for
the design of the Police Facility Detention Zone.
RESOLUTION 2016-PD-RNVTN-PRJT-AG-R-1528
A RESOLUTION APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE VILLAGE OF OAK BROOK AND WILLIAMS ARCHITECTS, LTD.
FOR ARCHITECTURAL DESIGN SERVICES FOR THE POLICE DEPARTMENT RENOVATION
WHEREAS, the Village desires to retain a firm to provide architectural design services for the
renovation of the lower level of the Police Department portion of the Butler Government Center
("Services"); and
WHEREAS, Williams Architects, Ltd. ("Williams"), previously performed a preliminary study for
the renovation of the Police Department portion of the Butler Government Center; and
WHEREAS, pursuant to the Local Government Professional Services Selection Act ("Act'), 50
ILCS 510/0.01 et seq., and Section 1-7-6 of the Village Code, the Village is not required to follow the
notice, evaluation, and selection procedures set forth in the Act for architecture services provided by
architects that have a satisfactory relationship with the Village; and
WHEREAS, the Village and Williams desire to enter into and execute an agreement for Williams
to provide the Services to the Village ("Agreement'), which Agreement is attached to this Resolution as
Exhibit A; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interest of
the Village to enter into the Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of Agreement. The President and Board of Trustees hereby approve
the Agreement with Williams for the Services in substantially the same form as attached as Exhibit A and
in a final form approved by the Village Attorney.
Section 3: Authorization and Execution of Agreement. The Village Manager and Village
Clerk shall be, and hereby are, authorized to execute the Agreement between the Village after receipt of
the final Agreement fully executed by Williams.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2016-PD-RNVTN-PRJT-AG-R-1528
Architectural Design Services
For Police Renovation Project
Page 2 of 3
APPROVED THIS 12th day of January, 2016
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of January, 2016
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
428913130 vl
r
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438248153 vl
Resolution 2016-PD-RNVTN-PRJT-AG-R-1528
Architectural Design Services
For Police Renovation Project
Page 3 of 3
EXHIBIT A
AGREEMENT
3
#38249153_v1
CONTRACT BETWEEN
THE VILLAGE OF OAK BROOK
AND
WILLIAMS ASSOCIATES ARCHITECTS, LTD.
FOR
THE ARCHITECTURAL DESIGN OF THE POLICE DEPARTMENT RENOVATION
CONTRACT BETWEEN
THE VILLAGE OF OAK BROOK
AND
WILLIAMS ASSOCIATES ARCHITECTS, LTD.
FOR
THE ARCHITECTURAL DESIGN OF THE POLICE DEPARTMENT RENOVATION
TABLE OF CONTENTS
Paqe
ARTICLE I THE SERVICES........................................................................................................1
1.1 PERFORMANCE OF THE SERVICES..................................................................................1
1.2 COMMENCEMENT AND COMPLETION DATES....................................................................1
1.3 REQUIRED SUBMITTALS.................................................................................................2
1.4 REVIEW AND INCORPORATION OF CONTRACT PROVISIONS ..............................................2
1.5 FINANCIAL AND TECHNICAL ABILITY TO PERFORM ...........................................................2
1.6 TIME..............................:..............................................................................................2
1.7 CONSULTANT'S PERSONNEL AND SUBCONTRACTORS......................................................3
1.8 OWNER'S RESPONSIBILITIES..........................................................................................3
1.9 OWNER'S RIGHT TO TERMINATE OR SUSPEND SERVICES FOR CONVENIENCE ...................4
ARTICLE II CHANGES AND DELAYS........................................................................................4
2.1 CHANGES.....................................................................................................................4
2.2 DELAYS........................................................................................................................4
2.3 NO CONSTRUCTIVE CHANGE ORDERS............................................................................5
ARTICLE III CONSULTANT'S RESPONSIBILITY FOR DEFECTIVE SERVICES ......................5
3.1 WARRANTY OF SERVICES..............................................................................................5
3.2 CORRECTIONS..............................................................................................................5
3.3 RISK OF LOSS...............................................................................................................6
ARTICLE IV FINANCIAL ASSURANCES ...................................................................................6
4.1 INSURANCE...................................................................................................................6
4.2 INDEMNIFICATION..........................................................................................................6
ARTICLE V PAYMENT...............................................................................................................7
5.1 CONTRACT PRICE .........................................................................................................7
5.2 TAXES, BENEFITS AND ROYALTIES .................................................................................7
5.3 PROGRESS PAYMENTS..................................................................................................7
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5.4 FINAL ACCEPTANCE AND FINAL PAYMENT.......................................................................7
5.5 DEDUCTIONS ................................................................................................................8
5.6 ACCOUNTING................................................................................................................8
ARTICLE VI REMEDIES.............................................................................................................8
6.1 OWNER'S REMEDIES .....................................................................................................8
6.2 TERMINATIONS AND SUSPENSIONS DEEMED FOR CONVENIENCE......................................9
ARTICLE VII LEGAL RELATIONSHIPS AND REQUIREMENTS................................................9
7.1 BINDING EFFECT...........................................................................................................9
7.2 RELATIONSHIP OF THE PARTIES ...................................................................................10
7.3 NO COLLUSION...........................................................................................................10
7.4 ASSIGNMENT ..............................................................................................................10
7.5 CONFIDENTIAL INFORMATION.......................................................................................10
7.6 NO WAIVER................................................................................................................10
7.7 NO THIRD PARTY BENEFICIARIES.................................................................................11
7.8 NOTICES.....................................................................................................................11
7.9 GOVERNING LAWS/VENUE .........................................................................................11
7.10 CHANGES IN LAWS......................................................................................................11
7.11 COMPLIANCE WITH LAWS AND GRANTS.........................................................................11
7.12 DOCUMENTS...............................................................................................................12
7.13 TIME...........................................................................................................................12
7.14 SEVERABILITY.............................................................................................................12
7.15 ENTIRE AGREEMENT ...................................................................................................13
7.16 AMENDMENTS.............................................................................................................13
ATTACHMENT A - Supplemental Schedule of Contract Terms
ATTACHMENT B - Scope of Services
ATTACHMENT C - Submittal Schedule
ATTACHMENT D - Special Project Requirements
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CONTRACT BETWEEN
THE VILLAGE OF OAK BROOK
AND
WILLIAMS ASSOCIATES ARCHITECTS, LTD.
FOR
THE ARCHITECTURAL DESIGN OF THE POLICE DEPARTMENT RENOVATION
In consideration of the mutual promises set forth below, the VILLAGE OF OAK BROOK, 1200
Oak Brook Road, Oak Brook, Illinois 60523, a unit of local government created and existing
under the laws of the State of Illinois ("Owner"), and WILLIAMS ASSOCIATES ARCHITECTS,
LTD., an Illinois Corporation ("Consultant"), make this Contract as of the ] day of[MONTH],
2015, and hereby agree as follows:
ARTICLE I
THE SERVICES
1.1 Performance of the Services
Consultant shall, at its sole cost and expense, provide, perform, and complete all of the
following, all of which is herein referred to as the "Services":
1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete, in
the manner described and specified in this Contract, all necessary work, labor,
services, transportation, equipment, materials, apparatus, information, data, and
other items necessary to accomplish the Project, as defined in Attachment A, in
accordance with the Scope of Services attached hereto as Attachment B, the
Submittal Requirements attached hereto as Exhibit C, and the Special Project
Requirements attached hereto as Attachment D.
2. Approvals. Procure and furnish all approvals and authorizations specified in
Attachment A.
3. Insurance. Procure and furnish all certificates and policies of insurance specified
in this Contract.
4. Quality. Provide, perform, and complete all of the foregoing in a proper and
professional manner in accordance with the standards of professional practice,
skill, diligence, and care expected from consultants performing services of a
similar nature under similar circumstances on similar projects in the same or
similar locale in existence at the time of performance of the Services, and in full
compliance with, and as required by or pursuant to, this Contract.
1.2 Commencement and Completion Dates
Consultant shall commence the Services not later than the "Commencement Date" set
forth on Attachment A and shall diligently and continuously prosecute the Services at such a
rate as will allow the Services to be fully provided, performed, and completed in full compliance
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with this Contract not later than the "Completion Date" or, if the Services are to be performed in
separate phases with separate completion dates, the "Completion Dates" set forth in
Attachment A. The time of commencement, rate of progress, and time of completion are
referred to in this Contract as the "Contract Time."
1.3 Required Submittals
A. Submittals Required. Consultant shall submit to Owner all reports, documents,
data, and information specifically set forth in Attachment C or otherwise required to be
submitted by Consultant under this Contract and shall, in addition, submit to Owner all such
reports, documents, data, and information as may be requested by Owner to fully document the
Services ("Required Submittals").
B. Time of Submission and Owner's Review. All Required Submittals shall be
provided to Owner no later than the time, if any, specified in Attachment C or otherwise in this
Contract. If no time for submission is specified for any Required Submittal, such Submittal shall
be submitted within a reasonable time in light of its purpose and, in all events, in sufficient time,
in Owner's sole opinion, to permit Owner to review the same prior to the commencement of any
part of the Services to which such Required Submittal may relate. Owner shall have the right to
require such corrections as may be necessary to make any Required Submittal conform to this
Contract. No Services related to any Required Submittal shall be performed by Consultant until
Owner has completed review of such Required Submittal with no exception noted. Owner's
review and stamping of any Required Submittal shall not relieve Consultant of the entire
responsibility for the performance of the Services in full compliance with, and as required by or
pursuant to this Contract, and shall not be regarded as any assumption of risk or liability by
Owner.
C. Responsibility for Delay. Consultant shall be responsible for any delay in the
Services due to delay in providing Required Submittals conforming to this Contract.
1.4 Review and Incorporation of Contract Provisions
Consultant states that it has carefully reviewed and fully understood the terms of this
Contract, including all of its Attachments, all of which are by this reference incorporated into and
made a part of this Contract.
1.5 Financial and Technical Ability to Perform
Consultant represents that it is financially solvent, and has the financial resources
necessary, and that it is sufficiently experienced and competent, and has the necessary capital,
facilities, plant, organization, and staff necessary, to provide, perform, and complete the
Services in full compliance with, and as required by or pursuant to, this Contract.
1.6 Time
Consultant shall be prepared to begin the Services on the Commencement Date and
agrees that the Contract Time is sufficient time to permit completion of the Services in full
compliance with, and as required by or pursuant to, this Contract for the Contract Price, except
if the completion of such Services are delayed by others outside of the Consultant's control.
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1.7 Consultant's Personnel and Subcontractors
A. Consultant's Personnel. Consultant shall provide all personnel necessary to
complete the Services, including without limitation the "Key Project Personnel" identified in
Attachment D. Consultant shall provide to Owner telephone numbers at which the Key Project
Personnel can be reached on a 24 hour basis. Consultant and Owner may by mutual written
agreement make changes and additions to the designations of Key Project Personnel. Prior to
terminating the employment of any Key Project Personnel, or reassigning any of the Key Project
Personnel to other positions, or upon receiving notification of the resignation of any of the Key
Project Personnel, Consultant shall notify Owner as soon as practicable in advance of such
proposed termination, reassignment, or resignation. Consultant shall submit justification,
including a description of proposed substitute personnel, in sufficient detail to permit evaluation
by Owner of the impact of the proposed action on the Services. No such termination or
reassignment shall be made by Consultant without prior written approval of Owner. Consultant
shall have no claim for damages, for compensation in excess of the Contract Price, or for a
delay or extension of the Contract Time as a result of any such termination, reassignment,
resignation, or substitution.
B. Approval and Use of Subcontractors. Consultant shall perform the Services with
its own personnel and under the management, supervision, and control of its own organization
unless otherwise approved by Owner in writing. All subcontractors of Consultant shall be
referred to herein as "subconsutlants". Subconsultant agreements used by Consultant shall be
acceptable to, and approved in advance by, Owner. Owner's approval of any subconsultant
shall not relieve Consultant of full responsibility and liability for the provision, performance, and
completion of the Services in full compliance with, and as required by or pursuant to, this
Contract. If Consultant chooses to use subconsultants to perform any of the Services, the
Services performed under any subconsultant agreement shall be subject to all of the provisions
of this Contract in the same manner as if performed by employees of Consultant. Every
subconsultant agreement entered into by Consultant to provide the Services or any part thereof
shall include a provision binding the subconsultant to perform its scope of such services in
accordance with the provisions of this Contract.
C. Removal of Personnel and Subcontractors. If any personnel or subconsultant
fails to perform the part of the Services undertaken by it in compliance with its subconsultant
agreement, Consultant shall immediately upon notice from Owner remove and replace such
personnel or subconsultant. Consultant shall have no claim for damages, for compensation in
excess of the Contract Price, or for a delay or extension of the Contract Time as a result of any
such removal or replacement.
1.8 Owner's Responsibilities
Owner shall, at its sole cost and expense and except as otherwise provided in
Attachment D: (a) designate in writing a person with authority to act as Owner's representative
and on Owner's behalf with respect to the Services except those matters that may require Board
approval of Owner; (b) provide to Consultant all criteria and full information as to Owner's
requirements for the Project or work to which the Services relate, including Owner's objectives
and constraints, schedule, space, capacity and performance requirements, and budgetary
limitations relevant to the Project; (c) provide to Consultant all existing studies, reports, and
other available data relevant to the Project; (d) arrange for access to and make all provisions for
Consultant to enter upon public and private property as reasonably required for Consultant to
perform the Services; (e) provide surveys describing physical characteristics, legal limitations,
and utility locations for the Project and the services of geotechnical engineers or other
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consultants when such services are reasonably requested by the Consultant, are necessary for
the performance of the Services, and are not already provided for in Attachments B and D;
(f) provide structural, mechanical, chemical, air and water pollution tests, test for hazardous
materials, and other laboratory and environmental tests, inspections, and reports required by
law to be provided by Owner in connection with the Project; (g) review and comment on all
Required Submittals and other reports, documents, data, and information presented by
Consultant; (h) except as otherwise provided in Attachment A, provide approvals from all
governmental authorities having jurisdiction over the Project when such services are reasonably
requested by the Consultant, are necessary for the performance of the Services, and are not
already provided for in Attachments B and D; (i) except as provided in Article IV of this Contract
provide, all accounting, insurance, and legal counseling services as may be necessary from
time to time in the sole judgment of Owner to protect Owner's interests with respect to the
Project; (j) attend Project related meetings; and (k) give prompt written notice to Consultant
whenever Owner observes or otherwise becomes aware of any development that affects the
scope or timing of the Services, provided, however, that failure to give such notice shall not
relieve Consultant of any of its responsibilities under this Contract.
1.9 Owner's Right to Terminate or Suspend Services for Convenience
A. Termination or Suspension for Convenience. Owner shall have the right, for its
convenience, to terminate or suspend the Services in whole or in part at any time by written
notice to Consultant. Every such notice shall state the extent and effective date of such
termination or suspension. On such effective date, Consultant shall, as and to the extent
directed, stop Services under this Contract, cease all placement of further orders or
subcontracts, terminate or suspend Services under existing orders and subcontracts, and
cancel any outstanding orders or subcontracts that may be canceled.
B. Payment for Completed Services. In the event of any termination pursuant to
Subsection 1.9A above, Owner shall pay Consultant (1) such direct costs, including overhead
and profit, as Consultant shall have paid or incurred for all Services done in compliance with,
and as required by or pursuant to, this Contract up to the effective date of termination; and
(2) such other costs pertaining to the Services, exclusive of unearned overhead and profit, as
Consultant may have reasonably and necessarily incurred as the result of such termination.
Any such payment shall be offset by any prior payment or payments and shall be subject to
Owner's rights to withhold and deduct as provided in this Contract.
ARTICLE II
CHANGES AND DELAYS
2.1 Changes
Owner shall have the right, by written order executed by Owner, to make changes in the
Contract, the Project, the Services and the Contract Time ("Change Order"). If any Change
Order causes an increase or decrease in the amount of the Services, an equitable adjustment in
the Contract Price or Contract Time may be made. No decrease in the amount of the Services
caused by any Change Order shall entitle Consultant to make any claim for damages,
anticipated profits, or other compensation.
2.2 Delays
For any delay that may result from causes that could not be avoided or controlled by
Consultant, Consultant shall, upon timely written application, be entitled to issuance of a
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Change Order providing for an extension of the Contract Time for a period of time equal to the
delay resulting from such unavoidable cause. No extension of the Contract Time shall be
allowed for any other delay in completion of the Services.
2.3 No Constructive Change Orders
No claims for equitable adjustments in the Contract Price or Contract Time shall be
made or allowed unless embodied in a Change Order. If Owner fails to issue a Change Order
including, or fully including, an equitable adjustment in the Contract Price or Contract Time to
which Consultant claims it is entitled, or, if Consultant believes that any requirement, direction,
instruction, interpretation, determination, or decision of Owner entitles Consultant to an
equitable adjustment in the Contract Price or Contract Time that has not been included, or fully
included, in a Change Order, then Consultant shall submit to Owner a written request for the
issuance of, or revision of, a Change Order, including the equitable adjustment, or the additional
equitable adjustment, in the Contract Price or Contract Time that Consultant claims has not
been included, or fully included, in a Change Order. Such request shall be submitted before
Consultant proceeds with any Services for which Consultant claims an equitable adjustment is
due and shall, in all events, be submitted no later than five business days after receipt of such
Change Order or receipt of notice of such requirement, direction, instruction, interpretation,
determination, or decision. Notwithstanding the submission of any such request, Consultant
shall, unless otherwise directed by Owner within five business days after receipt by Owner of
such request, proceed without delay to perform the Services in compliance with the Change
Order or as required, directed, instructed, interpreted, or decided by Owner and shall, pending a
final resolution of the issue, keep a daily record of such Services. Unless Consultant submits
such a request within five business days after receipt of such Change Order or receipt of notice
of such requirement, direction, instruction, interpretation, determination, or decision, Consultant
shall be conclusively deemed (1) to have agreed that such Change Order, requirement,
direction, instruction, interpretation, determination, or decision does not entitle Consultant to an
equitable adjustment in the Contract Price or Contract Time and (2) to have waived all claims
based on such Change Order, requirement, direction, instruction, interpretation, determination,
or decision.
ARTICLE III
CONSULTANT'S RESPONSIBILITY FOR DEFECTIVE SERVICES
3.1 Standards for Services
A. Standard of Care. The Services shall be performed in accordance with the
standards of professional practice, care, and diligence practiced by recognized consulting firms
in performing services of a similar nature in existence at the time of performance of the
Services.
B. Opinions of Cost. It is recognized that neither Consultant nor Owner has control
over the costs of labor, material, equipment or services furnished by others or over competitive
bidding, market or negotiating conditions, or construction contractors' methods of determining
their prices. Accordingly, any opinions of probable Project costs or construction costs provided
for herein are estimates only, made on the basis of Consultant's experience and qualifications
and represent Consultant's best judgment as an experienced and qualified professional, familiar
with the industry. Consultant does not guaranty that proposals, bids or actual Project costs or
construction costs will not vary from opinions of probable cost prepared by Consultant.
3.2 Corrections
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Consultant shall be responsible for the quality, technical accuracy, completeness and
coordination of all reports, documents, data, information and other items and services under this
Contract. Consultant shall, promptly and without charge, provide, to the reasonable satisfaction
of Owner, all corrective Services necessary as a result of Consultant's errors, omissions,
negligent acts, or failure to meet the requirements and standard of care of this Contract.
3.3 Risk of Loss
The Services and everything pertaining thereto shall be provided, performed, and
completed at the sole risk and cost of Consultant. Consultant shall be responsible for any and
all damages to property or persons as a result of Consultant's negligent acts or failure to meet
the standard of care and requirements of this Contract and for any losses or costs to repair or
remedy any work undertaken by Owner based upon the Services as a result of any such
negligent acts or failure to meet the standard of care and requirements of this Contract
recoverable under applicable law. Notwithstanding any other provision of this Contract,
Consultant's obligations under this Section 3.3 shall exist without regard to, and shall not be
construed to be waived by, the availability or unavailability of any insurance, either of Owner or
Consultant, to indemnify, hold harmless or reimburse Consultant for such damages, losses or
costs.
ARTICLE IV
FINANCIAL ASSURANCES
4.1 Insurance
Contemporaneous with Consultant's execution of this Contract, Consultant shall provide
certificates and policies of insurance evidencing at least the minimum insurance coverages and
limits set forth in Attachment A. For good cause shown, Owner may extend the time for
submission of the required policies of insurance upon such terms, and with such assurances of
complete and prompt performance, as Owner may impose in the exercise of its sole discretion.
Such policies shall be in a form acceptable to Owner and from companies with a general rating
of A minus and a financial size category of Class X or better in Best's Insurance Guide and
otherwise acceptable to Owner. All insurance policies set forth in Attachment A except for
worker's compensation and employer's liability and professional liability policies shall provide
that no change, modification in, or cancellation of any insurance shall become effective until the
expiration of 30 days after written notice thereof shall have been given by the insurance
company to the Architect. Consultant shall provide Owner written notice within five business
days of any change, material modification in, or cancellation in Consultant's worker's
compensation and employer's liability and professional liability policies. Consultant shall, at all
times while providing, performing, or completing the Services, including, at all times while
correcting any failure to meet standard or requirement pursuant to Section 3.2 of this Contract,
maintain and keep in force, at Consultant's expense, at least the minimum insurance coverages
and limits set forth in Attachment A.
4.2 Indemnification
Consultant shall, without regard to the availability or unavailability of any insurance,
either of Owner or Consultant, indemnify and save harmless Owner against any and all
damages, liabilities, and losses, including reasonable attorneys' fees and administrative
expenses, to the extent such damages, liabilities, and losses arise from third party claims
against the Village arising from the negligent or wrongful acts or omissions of Consultant, or
from Consultant's failure to properly perform the Services or any part thereof in accordance with
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the standard of care and other terms of this Agreement,provided however, nothing herein shall
require the Consultant to indemnify Owner for its own negligence or fault.
ARTICLE V
PAYMENT
5.1 Contract Price
Owner shall pay to Consultant, in accordance with and subject to the terms and
conditions set forth in this Article V and Attachment A, and Consultant shall accept in full
satisfaction for providing, performing, and completing the Services, the amount or amounts set
forth in Attachment A (the "Contract Price"), subject to any additions, deductions, or
withholdings provided for in this Contract.
5.2 Taxes, Benefits and Royalties
The Contract Price includes all applicable federal, state, and local taxes of every kind
and nature applicable to the Services as well as all taxes, contributions, and premiums for
unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar
benefits and all costs, royalties, and fees arising from the use on, or the incorporation into, the
Services, of patented equipment, materials, supplies, tools, appliances, devices, processes, or
inventions. All claim or right to claim additional compensation by reason of the payment of any
such tax, contribution, premium, costs, royalties, or fees is hereby waived and released by
Consultant.
5.3 Progress Payments
A. Payment in Installments. The Contract Price shall be paid in monthly
installments in the manner set forth in Attachment A ("Progress Payments").
B. Pay Requests. Consultant shall, as a condition precedent to its right to receive
each Progress Payment, submit to Owner an invoice accompanied by such receipts, vouchers,
and other documents as may be necessary to establish Consultant's prior payment for all labor,
material, and other things covered by the invoice and the absence of any interest, whether in
the nature of a lien or otherwise, of any party in any property, work, or fund with respect to the
Services performed under this Contract. In addition to the foregoing, such invoice shall include
(a) employee classifications, rates per hour, and hours worked by each classification for hours
worked on an hourly basis for services charged on an hourly basis, and, if the Services are to
be performed in separate phases, for each phase; (b) total amount billed in the current period
and total amount billed to date, and, if the Services are to be performed in separate phases, for
each phase; (c) the estimated percent completion, and, if the Services are to be performed in
separate phases, for each phase; and (d) Consultant's certification that all prior Progress
Payments have been properly applied to the Services with respect to which they were paid.
Owner may, by written notice to Consultant, designate a specific day of each month on or
before which pay requests must be submitted.
5.4 Final Acceptance and Final Payment
The Services, or, if the Services are to be performed in separate phases, each phase of
the Services, shall be considered complete on the date of final written acceptance by Owner of
the Services or each phase of the Services, as the case may be, which acceptance shall not be
unreasonably withheld or delayed. The Services or each phase of the Services, as the case
may be, shall be deemed accepted by Owner if not objected to in writing within 60 days after
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submission by Consultant of the Services or such phase of Services for final acceptance and
payment plus, if applicable, such additional time as may be considered reasonable for obtaining
approval of governmental authorities having jurisdiction to approve the Services, or phase of
Services, as the case may be. As soon as practicable after final acceptance, Owner shall pay
to Consultant the balance of the Contract Price or, if the Services are to be performed in
separate phases, the balance of that portion of the Contract Price with respect to such phase of
the Services, after deducting therefrom all charges against Consultant as provided for in this
Contract ("Final Payment"). The acceptance by Consultant of Final Payment with respect to the
Services or a particular phase of Services, as the case may be, shall operate as a full and
complete release of Owner of and from any and all lawsuits, claims, demands, damages,
liabilities, losses, and expenses of, by, or to Consultant for payments of additional amounts
claimed under this Agreement.
5.5 Deductions
A. Owner's Right to Withhold. Notwithstanding any other provision of this Contract
and without prejudice to any of Owner's other rights or remedies, Owner shall have the right at
any time or times, whether before or after approval of any pay request, to deduct and withhold
from any Progress or Final Payment that may be or become due under this Contract such
amount as may reasonably appear necessary to compensate Owner for any actual or
prospective loss due to: (1) Services that do not meet the standard of care or other terms of this
Contract; (2) damage for which Consultant is liable under this Contract; (3) liens or claims,
including claims of lien filed by an subconsultant or supplier of Consultant, regardless of merit;
(4) claims of subconsultants, suppliers, or other persons retained by, or allegedly retained by
Consultant, regardless of merit; (5) delay in the progress or completion of the Services caused
by the Consultant or a subconsultant or supplier of Consultant; (6) inability of Consultant to
complete the Services caused by the Consultant or a subconsultant or supplier of Consultant;
(7) failure of Consultant to properly complete or document any pay request; or (8) any other
failure of Consultant to perform any of its obligations under this Contract.
B. Use of Withheld Funds. Owner shall be entitled to retain any and all amounts
withheld pursuant to Subsection 5.5A above until Consultant shall have either performed the
obligations in question or furnished security for such performance satisfactory to Owner.
5.6 Accounting
Consultant shall keep accounts, books, and other records of all its billable charges and
costs incurred in performing the Services in accordance with generally accepted accounting
practices, consistently applied, and in such manner as to permit verification of all entries.
Consultant shall make all such material available for inspection by Owner, at all reasonable
times during this Contract and for a period of three years following termination of this Contract.
Copies of such material shall be furnished, at Owner's expense, upon request.
ARTICLE VI
REMEDIES
6.1 Owner's Remedies
If it should appear at any time prior to Final Payment for all work that Consultant has
failed or refused to prosecute, or has delayed in the prosecution of, the Services with diligence
at a rate that assures completion of the Services in full compliance with the requirements of this
Contract, except where completion is delayed by the acts of others outside of Consultant's
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control, or has attempted to assign this Contract or Consultant's rights under this Contract,
either in whole or in part, or has falsely made any representation or agreement in this Contract,
or has otherwise failed, refused, or delayed to perform or satisfy any other requirement of this
Contract or has failed to pay its debts as they come due ("Event of Default"), and has failed to
cure any such Event of Default within five business days after Consultant's receipt of written
notice of such Event of Default, then Owner shall have the right, at its election and without
prejudice to any other remedies provided by law or equity, to pursue any one or more of the
following remedies:
1. Owner may require Consultant, within such reasonable time as may be fixed by
Owner, to complete or correct all or any part of the Services that are defective,
damaged, flawed, unsuitable, nonconforming, or incomplete; to accelerate all or
any part of the Services; and to take any or all other action necessary to bring
Consultant and the Services into strict compliance with this Contract.
2. Owner may accept the defective, damaged, flawed, unsuitable, nonconforming,
incomplete, or dilatory Services or part thereof and make an equitable reduction
in the Contract Price.
3. Owner may terminate this Contract without liability for further payment of
amounts due or to become due under this Contract.
4. Owner may withhold from any Progress Payment or Final Payment, whether or
not previously approved, or may recover from Consultant, any and all costs
allowed under applicable law incurred by Owner as the result of any Event of
Default or as a result of actions taken by Owner in response to any Event of
Default.
5. Owner may recover any damages allowed under applicable law suffered by
Owner.
6.2 Terminations and Suspensions Deemed for Convenience
Any termination or suspension of Consultant's rights under this Contract for an alleged
default that is ultimately held unjustified shall automatically be deemed to be a termination or
suspension for the convenience of Owner under Section 1.9 of this Contract.
6.3 Prevailing Party
In the event of a judicial proceeding brought by one party against another party, the
prevailing party in the judicial proceeding will be entitled to reimbursement from the
unsuccessful party of all costs and expenses, including reasonable attorneys' fees, incurred in
connection with the judicial proceeding.
ARTICLE VII
LEGAL RELATIONSHIPS AND REQUIREMENTS
7.1 Binding Effect
This Contract shall be binding upon Owner and Consultant and upon their respective
heirs, executors, administrators, personal representatives, and permitted successors and
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assigns. Every reference in this Contract to a party shall also be deemed to be a reference to
the authorized officers, employees, agents, and representatives of such party.
7.2 Relationship of the Parties
Consultant shall act as an independent contractor in providing and performing the
Services. Nothing in, nor done pursuant to, this Contract shall be construed (1) to create the
relationship of principal and agent, partners, or joint venturers between Owner and Consultant
or (2) to create any relationship between Owner and any subconsultant of Consultant.
7.3 No Collusion
Consultant hereby represents and certifies that Consultant is not barred from contracting
with a unit of state or local government as a result of (i) a delinquency in the payment of any tax
administered by the Illinois Department of Revenue unless Consultant is contesting, in
accordance with the procedures established by the appropriate revenue Act, its liability for the
tax or the amount of the tax, as set forth in 65 ILCS 5/11-42.1-1; or (ii) a violation of either
Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1
et se g. Consultant hereby represents that the only persons, firms, or corporations interested in
this Contract as principals are those disclosed to Owner prior to the execution of this Contract,
and that this Contract is made without collusion with any other person, firm, or corporation. If at
any time it shall be found that Consultant has, in procuring this Contract, colluded with any other
person, firm, or corporation, then Consultant shall be liable to Owner for all loss or damage that
Owner may suffer thereby, and this Contract shall, at Owner's option, be null and void.
7.4 Assignment
Consultant shall not (1) assign this Contract in whole or in part, (2) assign any of
Consultant's rights or obligations under this Contract, or (3) assign any payment due or to
become due under this Contract without the prior express written approval of Owner, which
approval may be withheld in the sole and unfettered discretion of Owner; provided, however,
that Owner's prior written approval shall not be required for assignments of accounts, as defined
in the Illinois Commercial Code, if to do so would violate Section 9-318 of the Illinois
Commercial Code, 810 ILCS 5/9-318. Owner may assign this Contract, in whole or in part, or
any or all of its rights or obligations under this Contract, without the consent of Consultant.
7.5 Confidential Information
All information supplied by Owner to Consultant for or in connection with this Contract or
the Services shall be held confidential by Consultant and shall not, without the prior express
written consent of Owner, be used for any purpose other than performance of the Services.
7.6 No Waiver
No examination, inspection, investigation, test, measurement, review, determination,
decision, certificate, or approval by Owner, nor any order by Owner for the payment of money,
nor any payment for, or use, occupancy, possession, or acceptance of, the whole or any part of
the Services by Owner, nor any extension of time granted by Owner, nor any delay by Owner in
exercising any right under this Contract, nor any other act or omission of Owner shall constitute
or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable,
nonconforming, or incomplete Services, nor operate to waive or otherwise diminish the effect of
any representation or agreement made by Consultant; or of any requirement or provision of this
Contract; or of any remedy, power, or right of Owner.
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7.7 No Third Party Beneficiaries
No claim as a third party beneficiary under this Contract by any person, firm, or
corporation other than Consultant shall be made or be valid against Owner.
7.8 Notices
All notices required or permitted to be given under this Contract shall be in writing and
shall be deemed received by the addressee thereof when delivered in person on a business day
at the address set forth below or on the third business day after being deposited in any main or
branch United States post office, for delivery at the address set forth below by properly
addressed, postage prepaid, certified or registered mail, return receipt requested.
Notices and communications to Owner shall be addressed to, and delivered at, the
following address:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attention: Village Manager
Notices and communications to Consultant shall be addressed to, and delivered at, the
following address:
!NAME OF CONSULTANT)
/ADDRESS OF CONSULTANT)
Attention: [CONSULTANT'S CONTRACT SUPERVISOR]
The foregoing shall not be deemed to preclude the use of other non-oral means of notification or
to invalidate any notice properly given by any such other non-oral means.
By notice complying with the requirements of this Section 7.8, Owner and Consultant
each shall have the right to change the address or addressee or both for all future notices to it,
but no notice of a change of address or addressee shall be effective until actually received.
7.9 Governing Laws I Venue
This Contract and the rights of Owner and Consultant under this Contract shall be
interpreted according to the internal laws, but not the conflict of laws rules, of the State of
Illinois. Venue for any action related to this Contract will be in the Circuit Court of DuPage
County, Illinois.
7.10 Changes in Laws
Unless otherwise explicitly provided in this Contract, any reference to laws shall include
such laws as they may be amended or modified from time to time.
7.11 Compliance with Laws and Grants
Consultant shall give all notices, pay all fees, and take all other action that may be
necessary so that the Services are provided, performed, and completed in accordance with all
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required governmental permits, licenses, or other approvals and authorizations that may be
required in connection with providing, performing, and completing the Services, and with all
applicable statutes, ordinances, rules, and regulations, including the Fair Labor Standards Act;
any statutes regarding qualification to do business; any statutes prohibiting discrimination
because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex,
or other prohibited classification, including, without limitation, the Americans with Disabilities Act
of 1990, 42 U.S.C. §§ 12101 et se q., and the Illinois Human Rights Act, 775 ILCS 5/1-101
et sec.. Consultant shall also comply with all conditions of any federal, state, or local grant
received by Owner or Consultant with respect to this Contract or the Services.
Consultant shall be solely liable for any fines or civil penalties that are imposed by any
governmental or quasi-governmental agency or body that may arise, or be alleged to have
arisen, out of or in connection with Consultant's, or its subconsultants', performance of, or
failure to perform, the Services or any part thereof.
7.12 Documents
Drawings, plans, specifications, and other work product of the Consultant prepared in
connection with the Services (hereinafter "Instruments of Service") are the property of the
Consultant, and the Consultant owns all intellectual and other property rights in the Instruments
of Service. Upon execution of this Agreement, the Consultant grants to the Owner a non-
exclusive, irrevocable license to use and reproduce the Consultant's Instruments of Service for
the purpose of constructing, using, maintaining, improving, and altering the Project (as defined
in Attachment A) provided Owner complies with the terms of the Contract, including payment of
all sums when due. The Consultant shall obtain a similar nonexclusive, irrevocable license for
Owner from any of its subconsultants for Owner to use the subconsultants' Instruments of
Service as if such Instruments of Service belonged to Consultant. Upon termination of the
Contract for convenience or for cause by the Owner, the Owner shall have the right to use the
Instruments of Service as set forth herein provided Owner has complied with the terms of the
Contract, including prompt payment of all sums when due. If the Owner uses the Instruments of
Service without the involvement of the Consultant or for a purpose other than as set forth
herein, the Owner releases the Consultant and its subconsultants from all claims, liabilities,
losses and damages arising from such use. Consultant shall make, and shall cause of all its
subconsultants to make, the Instruments of Service available for the Owner's review, inspection
and audit during the entire term of this Contract and for three years after termination of the
Contract; provided, however, that prior to the disposal or destruction of the Instruments of
Service by Consultants or its subconsultants following said three year period, but not less than
five years, the Consultant shall give notice to the Owner of any Instruments of Service to be
disposed of or .destroyed and the intended date, which shall be at least 90 days after the
effective date of such notice of disposal or destruction. Owner shall have 90 days after receipt
of any such notice to give notice to Consultant or any of its subconsultants not to dispose of or
destroy said Instruments of Service and to require Consultant or its subconsultants to deliver
same to Owner at Owner's expense.
7.13 Time
The Contract Time is of the essence of this Contract. Except where otherwise stated,
references in this Contract to days shall be construed to refer to calendar days.
7.14 Severability
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The provisions of this Contract shall be interpreted when possible to sustain their legality
and enforceability as a whole. In the event any provision of this Contract shall be held invalid,
illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the
validity of the remaining part of such provision, nor the validity of any other provisions of this
Contract shall be in any way affected thereby.
7.15 Entire Agreement
This Contract sets forth the entire agreement of Owner and Consultant with respect to
the accomplishment of the Services and the payment of the Contract Price therefor, and there
are no other understandings or agreements, oral or written, between Owner and Consultant with
respect to the Services and the compensation therefor.
7.16 Amendments
No modification, addition, deletion, revision, alteration, or other change to this Contract
shall be effective unless and until such change is reduced to writing and executed and delivered
by Owner and Consultant.
IN WITNESS WHEREOF, Owner and Consultant have caused this Contract to be
executed in two original counterparts as of the day and year first written above.
(SEAL)
Attest/Witness: VILLAGE OF OAK BROOK
By: By:
Riccardo F. Ginex
Title: Title: Village Manager
Attest/Witness: WILLIAMS ASSOCIATES ARCHITECTS,
LTD.
By: By:
NAME OF CONSULTANT'S
EXECUTING OFFICER]
Title: Title:
[TITLE OF CONSULTANT'S
EXECUTING OFFICER]
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ATTACHMENT A
SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS
1. Project:
The Project is for the design for the renovation and addition to the lower level police
prisoner detention zone of the Owner's police station in the Butler Government Center
and repair or removal, at the Village's option, of the upper level exterior walkway. The
Project shall be based upon, and shall generally conform to, the 2012 Space Needs
Analysis and the 2013 Menu of Phased Project Costs, each prepared by Consultant,
except as Owner determines during the course of the performance of the Services by
Consultant to vary therefrom.
2. Approvals and Authorizations:
Consultant shall obtain the following approvals and authorizations:
The Consultant shall assist the Village in obtaining all approvals or certification for the
Project by the Illinois Department of Corrections, if applicable.
3. Commencement Date:
The date of execution of the Contract by Owner.
4. Completion Date:
A. Schematic Design Phase: 70 days following the Commencement Date plus
extensions, if any, authorized by a Change Order issued pursuant to Section 2.1
of the Contract.
B. Design Development Phase: 77 days following issuance of Notice to Proceed by
Owner plus extensions, if any, authorized by a Change Order issued pursuant to
Section 2.1 of the Contract.
C. Construction Document Preparation Phase: 97 days following issuance of Notice
to Proceed by Owner plus extensions, if any, authorized by a Change Order
issued pursuant to Section 2.1 of the Contract.
D. Bidding or Negotiating Phase: Estimated to be approximately 42 days following
issuance of Notice to Proceed by Owner; however, the Owner determines the
bidding duration and approval timing —this is only an estimate.
E. Construction Administration Phase: 244 days following the start of construction
plus extensions, if any, authorized by a Change Order issued pursuant to Section
2.1 of the Contract.
Notwithstanding any completion dates listed above, the Consultant shall not proceed
and commence any of the Services for a particular phase until the Owner has accepted
and provided a Notice to Proceed at the end of the prior Phase.
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5. Insurance Coverages:
A. Worker's Compensation and Employer's Liability with limits not less than:
(1) Worker's Compensation: Statutory;
(2) Employer's Liability:
$500,000 injury-per occurrence
$500,000 disease-per employee
$500,000 disease-policy limit
Such insurance shall evidence that coverage applies in the State of
Illinois.
B. Comprehensive Motor Vehicle Liability with limits for vehicles owned (if
any Consultant-owned vehicles are used in connection with the Services),
non-owned, or rented not less than:
(1) Bodily Injury/Property Damage:
$1,000,000 per accident combined single limit
All employees shall be included as insureds.
C. Professional Liability Insurance with a limit of liability of not less than
$2,000,000 per claim and covering Consultant for liability arising from
negligent or wrongful acts in the performance of professional services in
accordance with the standard of care.
D. Comprehensive General Liability with coverage written on an "occurrence"
basis and with "per project" aggregate limits no less than:
(1) $2,000,000 per occurrence / $4,000,000 aggregate Bodily Injury:
(2) $1,000,000 Personal &Advertising Injury
General Liability Coverages shall include:
- Premises/Operations
- Products/Completed Operations (to be maintained for two years
following Final Payment)
- Independent Contractors
- Personal Injury (with Employment Exclusion deleted)
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Broad Form Property Damage Endorsement
- Blanket Contractual Liability (must expressly cover the indemnity
provisions of this Contract)
Bodily Injury and Property Damage
"C", and "U" exclusions shall be deleted.
Railroad exclusions shall be deleted if Work Site is within 50 feet of any
railroad track.
E. Umbrella Policy. The required coverages may be in any combination of primary,
excess, and umbrella policies. Any excess or umbrella policy must provide
excess coverage over underlying insurance on a following-form basis such that
when any loss covered by the primary policy exceeds the limits under the primary
policy, the excess or umbrella policy becomes effective to cover such loss.
F. Deductible. Each policy shall have a deductible or self-insured retention of not
more than $25,000.
G. Owner as Additional Insured. Owner shall be named as an Additional Insured on
the following policies:
Comprehensive Motor Vehicle Liability
Comprehensive General Liability
The Additional Insured endorsement shall identify Owner as follows:
The Village of Oak Brook, Illinois and all of its elected and appointed officials,
officers, and employees.
H. Other Parties as Additional Insureds. In addition to Owner, the following parties
shall be named as additional insured on the following policies:
Additional Insured Policy or Policies
None
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6. Contract Price:
For providing, performing, and completing all Services, an amount equal to 9.8% of the
Construction Cost of the Project.
Notwithstanding the foregoing, the total Contract Price (excluding Reimbursable
Expenses, as defined in Section 8 below) shall be a minimum of $176,400.00, and shall
be adjusted by a Change Order should the Owner approved construction cost exceed
$1,800,000 issued pursuant to Section 2.1 of the Contract.
Owner approved bid alternates that are not accepted to have their fee calculated at
7.35% of the absolute value of each rejected alternate.
7. Payments:
For purposes of payments to Consultant, the value of the Services shall be determined
as follows:
The Construction Cost of the Project for purpose of determining payment of the Contract
Price to Consultant means the total cost to Owner, as estimated by Consultant during
the design phases, which is then superseded by the bid by the Contractor engaged to
perform the Project, of all elements of the Project designed or specified by Consultant;
provided, however that Construction Cost of the Project shall not include Consultant's
compensation and expenses, cost of land, rights-of-way, or compensation for or
damages to, properties, nor Owner's legal, accounting, insurance counseling, or auditing
services, or interest and finance charges incurred in connection with the Project or other
costs that are the responsibility of Owner pursuant to Section 1.8 of the Contract.
Payments for each phase of Services shall be based upon the following percentage of
the Contract Price set forth opposite each such phase:
Schematic Design Phase 14%
Design Development Phase 16%
Construction Document
Preparation Phase 40%
Bidding or Negotiation Phase 5%
Construction Administration Phase 25%
Prior to completion of construction and final payment to the construction contractor, the
estimated Construction Cost of the Project shall be based upon the construction contract
price at the time of the award.
Prior to award of a construction contract, the estimated Construction Cost of the Project
shall be based upon the lesser of (i) the most recent Consultant's opinion of probable
Construction Cost of the Project submitted to, and approved by, Owner or (ii) the lowest
bona fide bid received from a responsive and responsible bidder for such work or, if the
work is not bid, the lowest bona fide negotiated proposal for such work from a
responsive or responsible person.
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Prior to submission and approval of Consultant's opinion of probable Construction Cost
of the Project in the Study and Report Phase, progress payments shall be based upon
the minimum lump sum fee.
Upon completion and final acceptance of each phase of Services, Owner shall pay such
additional amount, if any, or be entitled to credit against future progress payments such
amount, if any, as may be necessary to bring the total compensation paid on account of
such phase to the foregoing percentages of the total or estimated Construction Cost of
the Project, as the case may be.
8. Reimbursable Expenses:
The expenses incurred by the Consultant, the Consultant's employees and consultants
in connection with the Project times a multiple of one and one tenth (1.15).
Reimbursable expenses shall include the following:
A. Expenses in connection with authorized out-of-town travel, if authorized
by Owner in writing, long distance communications; and fees paid for
securing approval of authorities having jurisdiction over the Project.
B. Expenses of reproductions for color reductions of the site plan and
perspective, and printing for design, bidding and construction.
C. Expense of renderings, models, and mock-ups provided by others and
requested by the Owner.
D. Expenses of copies reproduced by Consultant for Owner review.
E. Special delivery expenses and transportation.
Owner may, at its option, elect to pay some or all of the reimbursable expenses directly
to vendor without Consultant's markup. Consultant shall promptly notify Owner of such
expenses so that Owner may exercise its option to pay direct prior to the due date for
such expenses.
9. Special Tasks:
A. An amount for each of the following tasks that Owner may elect, by written notice
to Consultant, to include in the Services, which shall be charged by the
Consultant, at a cost not to exceed the following flat rates:
Task Not To Exceed Cost
Detention hardware and security $9,000.00
systems design
Landscape Architecture of the $3,000.00
berm area affected by the
addition shall be a lump sum fee
of three thousand dollars
Civil engineering to rework the $8,000.00
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grades and parking lot in the
lower level patrol parking zone
Cost Estimating $11,500.00
B. The following additional services by Consultant that are not included in the
Services as defined in this Contract, if requested and approved in writing in
advance by Owner, including, without limitation, additional structural, mechanical,
and electrical engineering services, shall be provided on an hourly rate basis
from the rate table below (which shall be adjusted on an annual basis from the
Commencement Date at an increase of 3%):
1. Zoning approval assistance;
2. Multiple bid releases;
3. Attendance at Village Board public meetings beyond those included
elsewhere in this Agreement;
4. Record drawings done on CAD based upon contractor provided mark-ups
and other project information;
5. All site surveying and topographic services will be provided by others;
6. Providing services associated with change orders that do not result from
an error and/or omission of the Consultant or its subconsultants;
7. Design of low voltage systems beyond those included;
8. Civil engineering for storm water detention system changes;
9. Environmental, LEED consulting and testing;
10. Investigation into the causes of the water infiltration and the
recommended improvements to prevent same;
11. Site surveying;
12. Soil testing;
13. Materials testing;
14. Interiors, furniture and equipment design; and
15. Storm water detention design service.
[SEE NEXT PAGE]
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Williams Architects RATE TABLE
PrincipalII ........................................................... $ 208.00/Hour
PrincipalI............................................................. $ 191.00/Hour
Associate Principal............................................... $ 177.00/Hour
Senior Associate/Senior Project Mgr................... $ 171.00/Hour
Associate/Project Manager................................ $ 156.00/Hour
Architect III.......................................................... $ 138.00/Hour
ArchitectII........................................................... $ 127.00/Hour
ArchitectI............................................................ $ 114.00/Hour
Project Coordinator IV......................................... $ 104.00/Hour
Project Coordinator III......................................... $ 95.00/Hour
Project Coordinator II ......................................... $ 81.00/Hour
Project Coordinator I............................................ $ 70.00/Hour
Project Technician II ...........................................$ 53.00/Hour
Project Technician I ............................................ $ 42.00/Hour
Aquatic Engineer II.............................................. $ 164.00/Hour
Aquatic Engineer I............................................... $ 125.00/Hour
Director of Marketing.......................................... $ 153.00/Hour
Marketing Coordinator......................................... $ 111.00/Hour
Accounting........................................................... $ 147.00/Hour
Secretarial ............................................................ $ 104.00/Hour
Clerical................................................................. $ 74.00/Hour
Director of Interior Design.............................. $ 140.00/Hour
Interior Designer V.............................................. $ 109.00/Hour
Interior Designer IV............................................. $ 91.00/Hour
Interior Designer III ............................................ $ 72.00/Hour
Interior Designer II ............................................. $ 60.00/Hour
Interior Designer I................................................ $ 43.00/Hour
The hourly rates for our sub-consultants are comparable to the above listed rates.
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