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R-1713 - 03/27/2018 - GOLF - Resolutions Supporting DocumentsBOT AGENDA Page 1 BOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of March 27, 2018 SUBJECT: Renovation - Oak Brook Golf Club Patio FROM: Riccardo F. Ginex, Village Manager Sean Creed, Golf Course Superintendent BUDGET SOURCE/BUDGET IMPACT: $16,000 RECOMMENDED MOTION: Motion to approve Resolution R-2018-GOLF- ARCH-ENG-AG-R-1713, A Resolution Approving A Proposal Between William’s Architects and the Village of Oak Brook for Architectural Planning Services for the Oak Brook Golf Club Patio Improvements. Background/History: Since May 2016, we have had discussions at the Board level regarding improving the Golf Clubhouse facility. In July of 2017, staff came forward with a very comprehensive renovation to the pro-shop, patio, locker rooms and dining area. The Board felt that the proposal was more than was needed and wanted a revised plan which was significantly less money. Since that time, staff has continued to work with Williams Architects to provide a new proposal for renovations. From the input staff received, we focused on renovations to the Pro-shop and the Patio area. Staff met with members of our Code Department to specifically see if the Pro-Shop can be done without the need for and architectural or engineering plans since it would not involve any major reconstruction, just adding a transaction desk, electric work, new lighting and new carpeting. We were advised this project could be managed by our staff and no plans would be needed. We could realize a savings of approximately $90,000 with that approval. The work on the Patio area would need those detailed plans since we are installing a pergola, gas lines, electric connections and some type of covering on the patio. Agenda Item 9.A.1 BOT AGENDA Page 2 Tom LaLonde from Williams Architect’s supplied the attached proposal. They would be responsible for putting together design documents, construction documents, the bid document and then assistance with construction administration for $16,000. The plan was presented to the Sports Core Advisory Committee at their March 15th meeting and they gave unanimous approval to move forward. The work on the Patio will take place towards the end of the season and the Pro-Shop work will begin after the season. Funds for these renovations will come from the Golf Surcharge Fund. We will do a budget amendment/transfer from the Golf Surcharge Fund later in the year. Recommendation: The Board approves the proposal and staff begins working toward the renovations. RESOLUTION 2018-GOLF-ARCH-ENG-AG-R-1713 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH WILLIAMS ARCHITECTS TO DESIGN THE GOLF CLUB PATIO IMPROVEMENTS WHEREAS, the Village of Oak Brook wishes to make major improvements to the patio area at the Oak Brook Golf Course; and WHEREAS, architectural services are necessary to create the design for the improvements and to provide certain other basic services associated with the improvements; and WHEREAS, the Village has received a proposal from Williams Architects with which it has an established satisfactory relationship; and WHEREAS, that proposal is set forth in a Contract which is appended to and made a part of this Resolution as Exhibit A. 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: The Village President or Village Manager and the Village Clerk are authorized to execute a Contract with Williams Architects, with which the Village has a satisfactory established relationship for work associated with engineering services required for improvements to the patio area at the Oak Brook Golf. The authorization to execute the Contract shall be for a short form Contract substantially in accordance with Exhibit A which is attached hereto and made a part of this Agreement. The Contract provides for a basic fee of $16,000. Section 2: This Resolution shall be in full force and effect from and after its passage, approval and publication in pam phlet form as provided by law. APPROVED THIS 27TH day of March, 2018 Gopal G. Lalmalani Village President PASSED THIS 27TH day of March, 2018 Ayes: ___________________________________________________________ Nays: ___________________________________________________________ Absent: __________________________________________________________ ATTEST: _____________________________________ Charlotte K. Pruss Village Clerk 4846-3755-5039, v. 1 Agreement between Owner & Architect, dated 3/7/2018 Page 1 of 8 131006089v1 0944495 Agreement between Owner and Architect AGREEMENT made as of the 7th day of March in the year 2018 between: the Owner: Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 And the Architect: Williams Architects / Aquatics 500 Park Boulevard, Suite 800 Itasca, IL 60143 630.221.1212 T For the following Project: Renovations to the Exterior Patio located at the Oak Brook Golf Club. Architect’s Project Number for the Project shall be 2017-005. The Owner and the Architect agree as set forth below. ARTICLE 1 PROJECT DESCRIPTION 1.1 Project Description is included in Exhibit A, Project Understanding and Scope of Services, attached hereto. 1.2 Owner’s Budget is approximately $165,000. 1.3 Owner’s current Project Schedule is as follows: ARTICLE 2 ARCHITECT’S SCOPE OF BASIC SERVICES 2.1 Architect's Basic Services shall be based upon the Project Understanding and Scope of Services as defined in Exhibit A. 2.2 Architect shall attend Project related Meetings with Owner as reasonably required by Owner in order to complete Architect’s Basic Services. 2.3 Architect’s Basic Services shall include architectural services and certain engineering services as identified in Exhibit A. 2.4 Architect’s Basic Services for the Project shall be as identified in Exhibit A. Architect shall not proceed to the next Project phase identified in Exhibit A until the Owner has approved the prior phase and has authorized Architect to proceed. 2.5 The Architect's Basic Services shall be performed by the Architect, Architect's employees and Architect's consultants as Architect may require. To the extent a conflict arises between this Agreement and Exhibit A, Exhibit A shall prevail. For other terms which are not part of Exhibit A, this Agreement shall prevail. 2.6 The Architect’s services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. 2.7 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, Agreement between Owner & Architect, dated 3/7/2018 Page 2 of 8 131006089v1 0944495 materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project Budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. If the lowest responsive bid on the Project at the conclusion of the Construction Documents Phase is more than 10% over the Owner's Project budget, the Architect shall revise the Drawings and Specifications to comply with the Owner's Project budget as part of Basic Services and without additional compensation. All other revisions to the Drawings and Specifications to reduce the Project cost is an Additional Service, 2.8 If Additional Services are required which are not part of the Architect’s basic Services, the Architect shall proceed with said Additional Services only upon written authorization by Owner. See Article 4. 2.9 If Architect’s Basic Services for the Project are not completed within ten (10) months of the date of this Agreement, terms of the Agreement shall be subject to change upon written approval of Owner and Architect as an Amendment to this Agreement. ARTICLE 3 OWNER’S RESPONSIBILITIES 3.1 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions and approvals in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 3.2 The Owner shall furnish the services of geotechnical engineers as necessary for the Project, which the Architect shall be entitled to rely upon. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluation of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 3.3 Owner shall provide Architect with a current digital/electronic media copy of a comprehensive Survey of Project Site, including boundaries, easements, existing im provements (including but not necessarily limited to all paving, buildings and facilities), topography in two foot intervals, spot elevations at all paved areas, fencing and existing on-site and adjacent utilities. Survey shall be equivalent of an “ALTA” survey in an electronic/digital format for use with the most current version of “AutoCad”. Survey shall also include, but not necessarily be limited to, existing topography, all improvements, easements, major areas of vegetation and all utilities within fifty feet (50') of property lines. ARTICLE 4 ADDITIONAL SERVICES 4.1 Basic Services are those services set forth in the Project Scope of Services, Exhibit A, incorporated herein. If the Owner requests any of the services set forth below, such services beyond those defined in Exhibit A, would be considered an Additional Service performed only upon request and a written approval signed by the Owner and Architect. Schematic Design through Construction Administration 1. Preparation of existing conditions drawings of the Project site and/or existing buildings. 2. Preparation of detailed analysis and/or engineering reviews of existing civil, architectural, structural, mechanical and electrical systems. 3. Services related to zoning and/or re-zoning of Project site, including preparation of materials for and/or attendance at public hearings/presentations. 4. Design of special foundations for unsuitable soil conditions. 5. Design and specifications for telephone, data and security systems. Agreement between Owner & Architect, dated 3/7/2018 Page 3 of 8 131006089v1 0944495 6. Design of special casework / architectural millwork. 7. Environmental and/or energy studies. 8. Architectural interior design. 9. Value analysis (Life cycle costing) 10. Detailed cost estimating. 11. On-site Project representation. 12. LEED certification. 13. Engineering or design beyond that stated in Exhibit A. ARTICLE 5 ARCHITECT’S COMPENSATION 5.1 Architect's Compensation for Basic Services shall be: A Fixed Fee of Sixteen Thousand Dollars ($16,000) plus Reimbursable Expenses as defined within this Agreement. 5.2 Where Architect's Compensation for Basic Services is based on a Lump Sum Fee, progress payments for Basic Services in each phase shall be distributed as follows: Basic Services Design Development Phase 30% Construction Documents Phase 43% Bidding/Negotiations Phase 07% Construction Administration Phase 20% Total 100% 5.3 Because Project Scope and Budget shall be developed as a part of Architect’s Basic Services, each shall be subject to adjustment(s), and Architect’s Compensation shall also be adjusted accordingly. However, such adjustments shall only be made upon written approval of Owner and Architect in the form of an Amendment to this Agreement. 5.4 Architect’s Compensation for Additional Services shall be billed on an hourly basis unless agreed upon otherwise. 5.5 Architect's current Hourly Billing Rate Schedule shall be as follows: (rates subject to annual adjustment on 01 June) Principal II ..................................................... $ 220.00/Hour Principal I ...................................................... $ 203.00/Hour Associate Principal ........................................ $ 187.00/Hour Senior Associate/Senior Project Mgr. ........... $ 181.00/Hour Associate / Project Manager ......................... $ 166.00/Hour Architect III .................................................... $ 146.00/Hour Architect II ..................................................... $ 135.00/Hour Architect I ...................................................... $ 121.00/Hour Senior Project Coordinator II ......................... $ 146.00/Hour Senior Project Coordinator I .......................... $ 135.00/Hour Project Coordinator IV ................................... $ 110.00/Hour Project Coordinator III ................................... $ 101.00/Hour Project Coordinator II .................................... $ 85.00/Hour Project Coordinator I…………………….. ...... $ 74.00/Hour Project Technician II……………………......... $ 57.00/Hour Project Technician I....................................... $ 44.00/Hour Aquatic Engineer II ........................................ $ 174.00/Hour Agreement between Owner & Architect, dated 3/7/2018 Page 4 of 8 131006089v1 0944495 Aquatic Engineer I ......................................... $ 133.00/Hour Director of Marketing ..................................... $ 163.00/Hour Marketing Coordinator .................................. $ 117.00/Hour Accounting .................................................... $ 156.00/Hour Secretarial ..................................................... $ 110.00/Hour Clerical .......................................................... $ 78.00/Hour Director of Interior Design ............................. $ 148.00/Hour Interior Designer V ........................................ $ 115.00/Hour Interior Designer IV ....................................... $ 97.00/Hour Interior Designer III........................................ $ 76.00/Hour Interior Designer II......................................... $ 64.00/Hour Interior Designer I .......................................... $ 45.00/Hour 5.6 Architect’s Basic and/or Additional Compensation for the Project shall include Fee(s) and Reimbursable Expenses of Architect’s Consultants defined herein. Consultants' Hourly Billing Rate Schedule for the Project shall be forwarded to Owner at the Owner’s request, for review and approval prior to Architect engaging same. 5.7 In addition to Architect’s professional services listed above, the Architect shall invoice for reimbursement of expenses at a 1.15 multiplier. Architect's Reimbursable Expenses shall include project related expenses such as: • Vehicle mileage, tolls & parking, • Printing & photocopying, • Photography, • Renderings, • Telephone & fax, • Electronic documentation transfer, • Postage / messenger / overnight courier, • Project related supplies, • Etc. 5.8 Invoices shall be sent on a monthly basis with payment due 30 days from invoice date. Unpaid balances shall incur an interest charge of 1.5% per month. ARTICLE 6 OTHER TERMS, CONDITIONS OR SERVICES 6.1 TERMS AND CONDITIONS 6.1.1 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 6.1.2 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 6.1.3 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause of termination. 6.1.4 Terms in this Agreement shall have the same meaning as those in the edition of the AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement to the extent not otherwise defined herein. Agreement between Owner & Architect, dated 3/7/2018 Page 5 of 8 131006089v1 0944495 6.1.5 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without a written Amendment to this Agreement signed by the Owner and Architect. 6.2 ACTION ON SUBMITTALS 6.2.1 Architect’s obligations to review and process Shop Drawings, Product Data and samples are conditioned upon the prior review and approval by the Contractor as required by the current edition of the General Conditions of the Contract for Construction published by the American Institute of Architects. 6.3 LIMITED LIABILITY OF A CORPORATION 6.3.1 The Owner acknowledges that the Architect is a corporation and agrees that any claim made by the Owner arising out of any act or omission of any director, officer or employee of the Architect, in execution or performance of this Agreement shall be made against the Architect and not against such director, officer or employee. 6.4 LIMITATION OF LIABILITY AS TO INSURANCE 6.4.1 Owner and persons claiming through Owner agree to limit the liability of the Architect, its agents, consultants and employees, to the Owner or persons claiming through Owner for all claims, suits, damages, and losses of any kind and nature so that the total aggregate liability of the Architect to the Owner arising out of, in connection with or resulting from, the performance of services under this Agreement shall not exceed the Architect's available insurance proceeds covering such claims, damages or losses. 6.4.2 Architect and each of its consultants shall maintain, at no expense to Owner, general liability and workers compensation coverage and professional liability insurance placed with companies rated with at least “A-“by Best’s. The limits of the professional liability insurance shall be $1,000,000 per claim and $2,000,000 aggregate. The General liability policy shall name Owner and its officers and employees as additional insureds. Architect and each of its consultants shall be required to submit a certificate of insurance, and insurance carriers shall submit written notice to Owner not less than Thirty (30) days prior to any cancellation of coverage. Architect shall submit written notice to Owner not less than Thirty (30) days to any reduction of coverage by endorsement. By endorsement, Architect’s certificate of insurance shall evidence the coverage required herein. 6.5 OBLIGATION TO INSURE FOR BODILY INJURY CLAIMS 6.5.1 Owner shall name the Architect, its employees, and consultants as an additional insured under all general liability policies of the Owner, including wrap-up, project or Owner's Protective Policies, which may provide coverage for this Project. 6.5.2 Owner shall require the Contractor responsible for construction of Project to purchase insurance to cover claims and expenses asserted against the Architect, its employees and consultants for bodily injury, sickness, disease, death or property damage caused by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable. The Contractor shall submit prior to performing any construction work on this project a Certificate of Insurance naming Owner, Architect, their employees and consultants as additional insureds under the Contractor’s general liability policy. However, the failure to obtain such a Certificate from the Contractor prior to the commencement of construction shall not be deemed to be a waiver of any requirements set forth in this paragraph. Should the Owner fail to require the Contractor to name the Architect, its employees, and consultants as additional insureds as required herein, then Owner shall reimburse the Architect for all attorneys' fees and costs expended by the Architect which are not reimbursed by insurance, in defending any claim made for bodily injury, personal injury or property damage arising out of, resulting from or in connection with any claim made against the Architect which is Agreement between Owner & Architect, dated 3/7/2018 Page 6 of 8 131006089v1 0944495 not caused by a negligent act or omission of the Architect, its employees or consultants. 6.6 RESPONSIBILITY FOR CODE COMPLIANCE 6.6.1 Architect shall prepare Contract Documents, which include Drawings and Specifications, to conform with applicable building and zoning codes and ordinances of the governing authority having jurisdiction over the design of the Project and relating to the use and occupancy of the Project existing on the date of this Agreement. However, Owner recognizes that interpretations by governmental officials ("Code Authority") are often subject to change even after issuance of a building permit. If, after award of the building permit(s), modifications to the Drawings and Specifications are required because of an interpretation by the governing code authority which had not been previously given, or which if given, was different than a prior interpretation of the governing authority, Architect shall make the required modifications, but the cost of such modifications shall be considered an Additional Service; provided nothing contained herein shall relieve the Architect of its obligations to modif y at its expense Contract Documents where the Architect has negligently failed to prepare such in compliance with the applicable requirements of the governing authority. 6.7 DISCLAIMER OF WARRANTIES 6.7.1 Architect makes no warranties, express or implied. Nothing contained in the Agreement shall require the Architect to exercise professional skill and judgment greater than that which can be reasonably expected from other architects performing similar services to those required hereunder. This limitation shall also apply to any certification or representation made by Architect as an accommodation upon request of Owner. The Architect shall not make nor shall Architect be required to make any certification or representation which seeks knowledge, services or responsibilities beyond the services set forth herein. 6.8 FAST-TRACK 6.8.1 In order to minimize construction problems and change orders, the Architect’s standard practice requires the completion of detailed working drawings prior to bidding and entering into firm construction contracts. However, Owner may choose to accelerate the completion of the work so that it is completed in a shorter time period than would normally be required. Owner understands that if construction or furnishings contracts are let prior to the completion of final working drawings and specifications there may be increases in costs and change orders caused by the inability to coordinate Construction Documents, and the inability to make various decisions until after early bids are received and some construction undertaken. The Architect shall have no responsibility arising out of fast track conditions for any increased costs, change orders, delays or consequential damages resulting therefrom. 6.9 SUSPENSION OF SERVICE 6.9.1 In the event Owner requests the Architect to delay or suspend the performance of its services under this Agreement, Owner shall compensate the Architect promptly for any costs which the Architect incurs due to such delay or suspension. If such delay or suspension exceeds Fifteen (15) days or Architect's increased costs are not promptly paid, such delay or expense shall at the Architect's option, be deemed to constitute a material breach of this Agreement and Architect's shall have the right, in addition to all other available rights and remedies, to terminate this Agreement. 6.10 FORCE MAJEURE 6.10.1 In the event the Architect is hindered, delayed or prevented from performing its obligations under this Agreement as a result of any fire, flood, landslide, tornado, other act of God, malicious mischief, theft, strike, lockout, other labor problems, shortages of material or labor, failure of any governmental agency or Owner to furnish information or to approve or to disapprove the Agreement between Owner & Architect, dated 3/7/2018 Page 7 of 8 131006089v1 0944495 Architect's work or any other cause beyond the reasonable control of the Architect, the time for completion of the Architect's work shall be extended by the period of resulting delay. 6.11 INDEMNITY FROM CONTRACTOR REQUIRED IN CONSTRUCTION CONTRACT 6.11.1 Architect to insert the following paragraphs into the General Conditions of all Construction Contracts for the Project. .1 To the fullest extent permitted by law, the Contractor shall waive any right of contribution and shall defend, indemnify and hold harmless the Owner, the Architect and their agents, employees and consultants from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, costs and economic damages, arising out of, resulting from, or in any way connected with the performance of the Work, provided that any such claim, damage, loss or expense is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The duty to defend herein is separate and distinct from the duty to indemnify and hold harmless, and shall be separately enforceable as such. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Agreement. .2 The indemnification obligation under this Paragraph shall not be limited in any way by any limitations on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers' or workmen’s' compensation acts, disability benefit acts or other employee benefit acts, and the Contractor and all subcontractors hereby waive any limitations of liability defense based upon such acts, to the fullest extent permitted by law. .3 "Claims, damages, losses and expenses" as these words are used in this Agreement shall be construed to include, but not limited to (1) injury or damage consequent upon the failure of or use or misuse by Contractor, its Subcontractors, agents, servants or employees, of any hoist, rigging, blocking, scaffolding, or any and all other kinds of items of equipment, whether or not the same be owned, furnished or loaned by Owner; (2) all attorneys' fees, expenses and costs incurred in bringing an action to enforce the provisions of this indemnity or any other indemnity contained in the General Conditions, as modified by the Supplementary General Conditions; (3) time expended by the party being indemnified and their employees, at their usual rates plus costs of travel, long distance telephone and reproduction of documents; and (4) error or omission or defect in any submission made to Architect / Engineer for its approval or review. .4 The obligations of the Contractor to indemnify and hold harmless Owner, Architect, their agents, consultants and employees under this Agreement shall not extend to the liability of the Owner and the Architect, their agents, consultants or employees arising out of their own negligence. 6.12 INDEMNITY FOR DEVIATION 6.12.1 Owner may choose to act as its own General Contractor or may otherwise choose to deviate during construction from the construction documents prepared by the Architect. Therefore, Owner shall defend, indemnify and hold harmless the Architect, its employees and consultants from and against all claims, damages, losses and expense, including but not limited to attorneys' fees and economic damages arising out of, in connection with, or resulting from the performance (or failure to perform) of any construction of the Project, where there has been a deviation from any document prepared by Architect or where there has been a failure to follow any material written recommendation of the Architect. In the event that the Architect or any other party indemnified hereunder is required to bring an action to enforce the provisions of this indemnity, the indemnifying party shall pay the attorneys' fees and cost incurred by the indemnified party in Agreement between Owner & Architect, dated 3/7/2018 Page 8 of 8 131006089v1 0944495 bringing that action. 6.13 HAZARDOUS MATERIALS 6.13.1 Owner represents to the Architect that to the best of Owner's knowledge no hazardous or toxic substances within the meaning of any applicable statute or regulation are presently stored, or otherwise located, on the Project site or adjacent thereto. Further, within the definition of such Statutes or Regulations and to the best of the Owner’s knowledge, no part of the Project site or adjacent real estate, including the ground water located thereon, is presently contaminated. 6.13.2 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 6.14 WAIVER OF CONSEQUENTIAL DAMAGES 6.14.1 The Owner and Architect waive consequential damages for claims, disputes or other matters in questions arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement. 6.15 COPYRIGHTS AND LICENSES 6.15.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective work product, including the Drawings and Specifications ("Instruments of Service). The Architect grants to the Owner a license to use the Architect's Instruments of Services for the purpose of constructing and using the Project, provided that the Owner performs its obligations, including prompt payment of all sums due and owing, under this Agreement. A termination of this Agreement shall terminate such license. Owner shall not use the Instruments of Service in connection with another project without retaining the author of the Instruments of Service. Any unauthorized use of the Instruments of Service shall be without liability to the Architect and its consultants. 6.16 GOVERNING LAW 6.16.1 This Agreement shall be governed by the law of the State of Illinois. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of any third party against either the Owner or the Architect. This Agreement entered into as of the date and year first written above. OWNER: ARCHITECT: (Signature) (Signature) Thomas G. LaLonde, AIA, LEED AP Managing Principal / Vice President (Printed name/title) (Printed name/title) g:\2017\2017-005 oak brook golf club\a. pre-design_task 10\contracts\owner_client & architect\2018 03 12 short form agreement.docx EXHIBIT A 7 March 2018 EXHIBIT A Mr. Riccardo Ginex Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Re: Basic Architectural/Engineering Services for The Oak Brook Golf Club Renovation to the Exterior Patio 2606 York Road Oak Brook, IL 60523 WA Project No. 2017-005 Dear Mr. Ginex: It was a pleasure to meet with you, Sean and Jeff to discuss moving forward with the Exterior Patio improvements. Williams Architects/Interiors is honored to have provided the recently completed designs study for improvements to the Oak Brook Golf Clubhouse. Williams Architects/Interiors is pleased to provide this proposal for continued Architectural/Engineering Basic Services for implementation of the proposed improvements to the Exterior Patio. The improvements for the Dining Room, Locker Rooms and Proshop are not included at this time. See attached plan and cost estimates. BACKGROUND / PROJECT UNDERSTANDING The Village has owned and operated the Oak Brook Golf Club since the late 1980’s. An addition to expand the dining area and kitchen was done in early 2000’s. Proposed improvements include upgrades to the exterior patio. The estimate cost for this work is $165,000. SCOPE OF SERVICES We will meet with you and your key staff to review your needs and previously prepared plans and studies along with reviewing the scope of work going forward. We will review the specific areas of study to ensure we have a thorough understanding of your goals. As an outcome of these meetings, we will prepare Design Development Documents. This will include more detailed plans and related architectural and engineering drawings and other documents. We will communicate with you regularly throughout the planning process to review progress and gain your input. We will update cost information to help in the assessment of the various improvements and to assist in defining what work to include in the Base Bid work and Alternates. We will meet with the staff as deemed necessary to review and discuss the documents as they are developed. With Village approval of the design we will proceed with of the Construction Documents. This will include more detailed planning, definition of design details and other exterior improvements sufficient for permitting, bidding & constructing the work. W e will include engineering consultants to provide electrical system upgrades in the areas of work. Following is a more detailed description of the services provided. Mr. Riccardo Ginex / Village of Oak Brook – Oak Brook Golf Club / 07 March 2018 / Page 2 Design Development Phase Now that the basic design and scope of the Project has been reviewed and accepted by the Village of Oak Brook, our Team will begin with the Design Development Phase of this Project; wherein floor plans, elevations and site plans are further developed to fully explain the design of the patio. Our Interiors staff will present material/color options along with furniture selection for your consideration. Work during this phase will include meeting with code officials to review of building codes, involvement of our team of engineers and designers to review and determine the best electrical and other systems involved in the work, product data and outline specifications and an updated cost estimate. We will meet with you throughout this phase to review progress and to gain your input. This phase will culminate in further refinement of the schematic design documents / deliverables, along with a presentation to the Village of Oak Brook staff and the Board for review and acceptance. Construction Documents Phase Upon approval of the Design Development Documents we work with our designers and engineers to provide detailed drawings of the project, including a project manual that has the bid forms, contracts, and the specifications for all aspects of the work. We perform an inhouse Quality Assurance review to confirm the documents are comprehensive and complete. These documents will be used for the permit submittal, as well as bidding by contractors. We utilize and develop our drawings with an in-house computer aided design 3D in the BIM (Building Information Management) system. Our system allows us to provide you with highly accurate and consistent construction documents. This includes utilization of numerous other computer systems to assist in the delivery of high quality technical / professional services. These systems include computerized rendering, specifications systems, keynoting, estimating, project reporting, and project accounting. Bidding and Negotiations Phase During this phase, we assist with issuance of the Bid Documents to interested bidders, participate in a pre-bid conference with all interested contractors, answer questions and issue addenda as necessary. We attend the bid opening and review the bids with you to determine which contractor or contractors are the lowest qualified bidders. Based on our review and follow up contractor interview(s) we provide a recommendation to the Village of Oak Brook as to the lowest qualified bidder for this Project. Once the Village of Oak Brook has accepted a contractor’s bid, we assist your legal counsel in preparation of the Construction Contract for signature by both the Village of Oak Brook and the Contractor. Construction Administration Phase During this phase, we visit the site and meet with the Owner and Contractor to review all aspects of the Project, assisting the client in understanding the schedule and progress of the work, as well as issuing field reports for each of our visits, informing the client and contractor as to work that is acceptable and unacceptable. We respond to Contractor’s requests for Information (RFIs) and review the payout requests and recommend payment to the Owner. We review, comment on and approve shop drawings as submitted by the contractor for the various systems and components within the building. We provide information and clarification, and issue change orders throughout the construction phase to administer the contract. At the conclusion of the construction phase, we again visit the site to walk through the facility and provide a full and complete punch list of all the outstanding items that need to be completed and/or corrected, and assist the Owner in reviewing and accepting all of the as-built, warranty, and maintenance manuals provided by the contractor. Finally, as part of our Basic Services, we include a walk-through of the facility with the Owner 11 months after substantial completion to determine any outstanding warranty items so that the contractor can be notified prior to the expiration of the warranty. FEES We propose to provide the above defined services for a lump sum fee of Sixteen Thousand Dollars ($16,000). This fee is based on drawing and constructing all the proposed improvements without phasing the construction. Mr. Riccardo Ginex / Village of Oak Brook – Oak Brook Golf Club / 07 March 2018 / Page 3 This fee is broken down per phase as follows: Design Development 30% $ 4,800 Construction Documents 43% $ 6,880 Bidding 07% $ 1,120 Construction Administration 20% $ 3,200 Total $16,000 Hourly Rates Any Additional Services requested in writing by the Village for work not included, shall be provided on an hourly basis at the rates listed below. Engineering rates are similar to ours and can be provided upon request. These rates shall be revised at the beginning of June each year. The following rates shall hold thru 31 May 2018. 2017/2018 WILLIAMS ARCHITECTS RATE TABLE Principal II ..................................................... $ 220.00/Hour Principal I ...................................................... $ 203.00/Hour Associate Principal ........................................ $ 187.00/Hour Senior Associate/Senior Project Mgr. ........... $ 181.00/Hour Associate / Project Manager ......................... $ 166.00/Hour Architect III .................................................... $ 146.00/Hour Architect II ..................................................... $ 135.00/Hour Architect I ...................................................... $ 121.00/Hour Senior Project Coordinator II ......................... $ 146.00/Hour Senior Project Coordinator I .......................... $ 135.00/Hour Project Coordinator IV ................................... $ 110.00/Hour Project Coordinator III ................................... $ 101.00/Hour Project Coordinator II .................................... $ 85.00/Hour Project Coordinator I…………………….. ...... $ 74.00/Hour Project Technician II……………………......... $ 57.00/Hour Project Technician I....................................... $ 44.00/Hour Director of Marketing ..................................... $ 163.00/Hour Marketing Coordinator .................................. $ 117.00/Hour Accounting .................................................... $ 156.00/Hour Secretarial ..................................................... $ 110.00/Hour Director of Interior Design ............................. $ 148.00/Hour Interior Designer V ........................................ $ 115.00/Hour Interior Designer IV ....................................... $ 97.00/Hour Interior Designer III........................................ $ 76.00/Hour Interior Designer II......................................... $ 64.00/Hour Interior Designer I .......................................... $ 45.00/Hour REIMBURSABLE EXPENSES In addition to our professional services listed above, we shall also invoice the Village for our reimbursable expenses times a 1.15 multiplier. Reimbursable expenses include project related expenses such as vehicle mileage, printing & photocopying, photography, renderings, telephone & fax, electronic documentation transfer, postage / messenger / FedEx, project related supplies, etc. Mr. Riccardo Ginex / Village of Oak Brook – Oak Brook Golf Club / 07 March 2018 / Page 4 INVOICING We shall invoice on a monthly basis for work performed in the previous month. Payment is due within 30 days of receipt of invoice. CONCLUSION Thank you again for this wonderful opportunity to be of service to the Village of Oak Brook. If you have any questions or comments, please call. Cordially, Thomas G. LaLonde, AIA, LEED AP Vice President / Managing Principal xc: Sonia L. Sporleder / Williams Architects G:\2017\2017-005 Oak Brook Golf Club\A. Pre-Design_Task 10\Contracts\Owner_Client & Architect\2018 03 07 Village of Oak Brook Golf Club Proposal A.doc Date:1/29/2018 Project:Oak Brook Golf Clubhouse Renovation Village of Oak Brook Exterior Patio Improvements By:TGL Proj #2017-005 PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST item quantity unit $ / unit multiplier subtotals totals 1.0 A.Exterior Improvements 109,296 1 Perimeter Seat Walls 60 LF 120.00 1.3800 9,936 2 Resurface Patio 2,000 SF 15.00 1.3800 41,400 3 Trellise - Patio 450 SF 60.00 1.3800 37,260 4 Landscaping 1 Lump Sum 15,000.00 1.3800 20,700 B.Other Expense by Owner 56,487 1 Furniture 1 Allowance 35,000 2 Free-standing Fire Pits (3)1 Allowance 4,000 3 Design & Engineering Fees 1 Lump Sum 16,394 4 Architect's Reimbursable Expenses 1 Lump Sum 1,093 PHASE 1 GRAND TOTAL 165,783 2.0 CONTINGENCIES, FEES AND EXPENSES (multiplier) 1 GC's costs 15.0%included in multiplier @ 1.1500 2 Contingency 20.0%included in multiplier @ 1.2000 3 Escalation NIC 1.0000 4 Subtotal 1.3800 3.0 ITEMS NOT INCLUDED 1 Permits & Testing PHASE 2 - EXTERIOR