Library Building Capital Assesment Report VILLAGE OF OAK BROOK
f�PRROOFESSIONAL SERVICES AGREEMENT
This AGREEMENT is dated as of the Ot► day of k60;2�3
019 ("Agreement'), and is by and between the VILLAGE OF
OAK BROOK, 1200 Oak Brook Road,Oak Brook, ois, an Illinois municipal corporation("P"d1age'l, and PRODUCT
ARCHITECTURE+DESIGN,811 West Evergreen,Suite 405,Chicago,Illinois 60642
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in the Agreement, and pursuant to the
Village's statutory powers,the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. The Village practiced by recognized consultants in performing services of
retains the Consultant to perform,and the Consultant agrees to a similar nature in existence at the Time of Performance. The
perform, all necessary services to perform the work in representations and certifications expressed shall be in
connection with the project identified below ("Services"), addition to any other representations and certifications
which Services the Consultant shall provide pursuant to the expressed in this Agreement, or expressed or implied by law,
terms and conditions of this Agreement: which are hereby reserved unto the Village.
Building Capital Assessment Report for the Oak Brook The Consultant further represents that it is financially solvent,
Public Library, as more fully described in the attached has the necessary financial resources, and is sufficiently
proposal dated September 4,2019 experienced and competent to perform and complete the
Services in a manner consistent with the standards of
SECTION 2. TIME OF PERFORMANCE. The professional practice by recognized consultants providing
Consultant shall perform the Services as mutually agreed upon services of a similar nature. The Consultant shall provide all
by the Village and Consultant("Time of Performance'). personnel necessary to complete the Services.
SECTION 3. COMPENSATION. SECTION 5. INDEMNIFICATION: INSURANCE-
LIABILITY.
A. Agreement Amount. The total amount
billed by the Consultant for the Services under this Agreement A. Indemnification. The Consultant proposes
shall not exceed$10,000.00,including reimbursable expenses, and agrees that the Consultant shall indemnify and save
without the prior express written authorization of the Village harmless the Village against all damages, liability, claims,
Manager. losses, and expenses (including attorneys' fee) that may arise,
or be alleged to have arisen, out of or in connection with the
B. Taxes. Benefits, and Royalties. Each Consultant's performance of, or failure to perform, the
payment by the Village to the Consultant includes all Services or any part thereof, or any failure to meet the
applicable federal, state, and Village taxes of every kind and representations and certifications set forth in Section 4 of this
nature applicable to the Services as well as all taxes, Agreement.
contributions,and premiums for unemployment insurance,old
age or retirement benefits, pensions, annuities, or similar B. Insurance. The Consultant acknowledges
benefits and all costs, royalties, and fees arising from the use and agrees that the Consultant shall, and has a duty to,
of, or the incorporation into, the Services, of patented or maintain adequate insurance, in an amount, and in a form and
copyrighted equipment, materials, supplies, tools, appliances, from companies, acceptable to the Village, as per Title 1
devices, processes, or inventions. All claim or right to claim Chapter 8 of the Village Code. The Consultant's maintenance
additional compensation by reason of the payment of any such of adequate insurance shall not be construed in any way as a
tax, contribution, premium, costs, royalties, or fees is hereby limitation on the Consultant's liability for losses or damages
waived and released by Consultant. under this Agreement.
C. Payment of Agreement Amount. C. No Personal Liability. No elected or
Payments shall be made pursuant to the terms of the Local appointed official or employee of the Village shall be
Government Prompt Payment At,50 ILCS 505/3 et.seq. personally liable,in law or in contract,to the Consultant as the
SECTION 4. REPRESENTATIONS OF result of the execution of this Agreement.
CONSULTANT. The Consultant represents and certifies that
the Services shall be performed in accordance with the
standards of professional practice, care, and diligence
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SECTION 6. GENERAL PROVISIONS. are provided,performed,and completed in accordance with all
required governmental permits, licenses, or other approvals
A. Relationship of the Parties. The and authorizations that may be required in connection with
Consultant shall act as an independent contractor in providing providing, performing, and completing the Services, and with
and performing the Services. Nothing in, nor done pursuant all applicable statutes, ordinances, rules, and regulations,
to, this Agreement shall be construed to: (1) create the including without limitation the Fair Labor Standards Act;any
relationship of principal and agent, employer and employee, statutes regarding qualification to do business; any statutes
partners, or joint venturers between the Village and prohibiting discrimination because of,or requiring affirmative
Consultant; or (2) to create any relationship between the action based on,race,creed,color,national origin,age,sex,or
Village and any subcontractor of the Contractor. other prohibited classification, including, without limitation,
the Americans with Disabilities Act of 1990, 42 U.S.C. §§
B. Conflicts of Interest. The Consultant 12101 et seq., and the Illinois Human Rights Act, 775 ILCS
represents and certifies that, to the best of its knowledge: (1) 5/1-101 et seq. Consultant shall also comply with all
no Village employee or officer or agent is interested in the conditions of any federal, state, or local grant received by the
business of the Consultant or this Agreement; (2) as of the Village or Consultant with respect to this Contract or the
date of this Agreement,neither the Consultant nor any person Services. Consultant shall be solely liable for any fines or
employed or associated with the Consultant has any interest civil penalties that are imposed by any governmental or quasi-
that would conflict in any manner or degree with the governmental agency or body that may arise, or be alleged to
performance of the obligations under this Agreement; and (3) have arisen, out of or in connection with Consultant's, or its
neither the Consultant nor any person employed by or subcontractors, performance of, or failure to perform, the
associated with the Consultant shall at any time during the Services or any part thereof. Every provision of law required
term of this Agreement obtain or acquire any interest that by law to be inserted into this Contract shall be deemed to be
would conflict in any manner or degree with the performance inserted herein.
of the obligations under this Agreement.
F. Default. If it should appear at any time that
C. No Collusion. The Consultant represents the Consultant has failed or refused to prosecute, or has
and certifies that the Consultant is not barred from contracting delayed in the prosecution of, the Services with diligence at a
with a unit of state or local government as a result of(1) a rate that assures completion of the Services in full compliance
delinquency in the payment of any tax administered by the with the requirements of this Agreement, or has otherwise
Illinois Department of Revenue unless the Consultant is failed,refused,or delayed to perform or satisfy the Services or
contesting, in accordance with the procedures established by any other requirement of this Agreement ("Event of
the appropriate revenue act, its liability for the tax or the Default'), and fails to cure any such Event of Default within
amount of the tax, as set forth in Section 11-42.1-1 et seq. of ten business days after the Consultant's receipt of written
the Illinois Municipal Code, 65 ILCS 5/1142.1-1 et seq.; or notice of such Event of Default from the Village, then the
(2) a violation of either Section 33E-3 or Section 3313-4 of Village shall have the right, without prejudice to any other
Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 remedies provided by law or equity, to (1) terminate this
et seq. If at any time it shall be found that the Consultant Agreement without liability for further payment; or (2)
has, in procuring this Agreement, colluded with any other withhold from any payment or recover from the Consultant,
person,firm,or corporation,then the Consultant shall be liable any and all costs, including attorneys' fees and administrative
to the Village for all loss or damage that the Village may expenses,incurred by the Village as the result of any Event of
suffer, and this Agreement shall, at the Village's option, be Default by the Consultant or as a result of actions taken by the
null and void. Village in response to any Event of Default by the Consultant.
D. Termination. Notwithstanding any other G. Assignment. This Agreement may not be
provision hereof, the Village may terminate this Agreement at assigned by the Village or by the Consultant without the prior
any time upon 15 days prior written notice to the Consultant. written consent of the other party.
In the event that this Agreement is so terminated, the
Consultant shall be paid for Services actually performed and H. Notice. All notices required or permitted to
reimbursable expenses actually incurred, if any, prior to be given under this Agreement shall be in writing and shall be
termination, not exceeding the value of the Services delivered: (1)personally; (2)by a reputable overnight courier;
completed. (3)by certified mail,return receipt requested,and deposited in
the U.S.Mail,postage prepaid;or by(4)electronic notice with
E. Compliance with Laws and Grants. evidence of delivery. Unless otherwise expressly provided in
Consultant shall give all notices, pay all fees, and take all this Agreement, notices shall be deemed received upon the
other action that may be necessary to ensure that the Services earlier of. (a) actual receipt; (b) one business day after deposit
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with an overnight courier as evidenced by a receipt of deposit;
or(c) three business days following deposit in the U.S. mail, K. Co fficts; Exhibits. If any term or
as evidenced by a return receipt. Notices and communications provision in this Agreement conflicts with any term or
to the Village shall be addressed to, and delivered at, the provision of an attachment or exhibit to this Agreement, the
following address: terms and provisions of this Agreement shall control.
Village of Oak Brook L. Governing Laws. This Agreement and the
1200 Oak Brook Road rights of Owner and Consultant under this Agreement shall be
Oak Brook,Illinois 60523 interpreted according to the internal laws,but not the conflict
Attention: Doug Patchin,Public Works of laws rules, of the State of Illinois; the venue for any legal
Director action arising in connection with this Agreement shall be in
the Circuit Court of DuPage County,Illinois.
Notices and communications to the Consultant shall be
addressed to,and delivered at,the following address: M. No Dlsciosnre of Confidential Information by
the Consultant. Confidential information means all material,
Product Architecture+Design non-public, business-related information, written or oral,
811 West Evergreen;Suite 405 whether or not it is marked that is disclosed or made available
Chicago,Illinois 60642 to the Consultant,directly or indirectly,through any means of
Attn: Dan Pohrte,Partner communication or observation. The Consultant acknowledges
that it shall, in performing the Services for the Village under
I. Waiver, Neither the Village nor the this Agreement, have access, or be directly or indirectly
Consultant shall be under any obligation to exercise any of the exposed, to Confidential Information. The Consultant shall
rights granted to them in this Agreement except as it shall hold confidential all Confidential Information and shall not
determine to be in its best interest from time to time. The disclose or use such Confidential Information without the
failure of the Village or the Consultant to exercise at any time express prior written consent of the Village. The Consultant
any such rights shall not be deemed or construed as a waiver shall use reasonable measures at least as strict as those the
of that right,nor shall the failure void or affect the Village's or Consultant uses to protect its own confidential information.
the Consultant's right to enforce such rights or any other Such measures shall include, without limitation, requiring
rights. employees and subcontractors of the Consultant to execute a
non-disclosure agreement before obtaining access to
J. Third Party Beneficiary. No claim as a Confidential Information.
third party beneficiary under this Agreement by any person,
firm, or corporation shall be made or be valid against the N. Use of Report. Village may use the final
Village. report in any manner permitted by law and may make such
disclosures of same as are required by applicable law,which
is incorporated herein by reference.
ATTEST: VILL
By: � � By:
Charlotte Pruss,Village Clerk Riccardo F.Ginex,Village Manag
PATRICIA R STONE
Official Seal
Notary Public-State of Illinois 3
My Commission Expires Aug 11,2021
EXHIBIT A
(Proposal dated September 4,2019)
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product architecture+ design
September 4, 2019
Jacob Post, Head Librarian
Oak Brook Public Library
600 Oak Brook Road
Oak Brook, IL
re--Proposal for Professional Services: Building Capital Assessment Report
including Annual Cost Projections
Dear Jacob:
We are excited to be working with you and thank you again for your consideration of
product architecture +design to complete the proposed capital assessment report
for your library.Our understanding of the project is to performing a capital
assessment report with a 10 year outlook for possible future expenditures.The final report
will include both the individual reports listed below along with a summary outlining our
findings including cost.
Project Scope:
Capital Assessment Report: $10,000.00
The following constitutes the list of proposed building equipment and infrastructure to
be included in the scope of services for the capital assessment portion of this project.
The capital assessment report will include a 10 year outlook starting from 2020
through 2030 including any expected annual expenditures.
A. MEP + FP
1. HVAC system and associated main piping
a. Air Handlers
b. Compressors
C. Pumps/Major Piping
d. Hot water heater
B. Lighting:
a. Interior
b. Exterior
C. Plumbing
D. Sprinkler System
E. Fire Alarm System
F. Building Interior
a. Floor Finishes
b. Restrooms (Family/Staff)
c. Millwork (staff desks
d. Furniture
G. Building Exterior:
a. Lighting
b. Curtain Wall/Wood Cladding
product architecture+ design i www.product-architects.com
product architecture+ design
c. Roof + Coping
d. Concrete Site Work
All inspections of the existing conditions will be visual and non-invasive based on
retaining continuity of both the exterior envelope and interior finishes.The final
report will include photographs,field notes and equipment lists that represent the
current condition of the building to the best of our abilities and knowledge.Should
the need arise for further forensic investigation (example:exterior wall
deterioration),our team will notify the owner prior to any work commencing along
with any associated cost to complete the work under a separate proposal.
Fee: Capital Assessment Report
Compensation w i I I be based on a fixed fee of $10,000.00 within the constraints noted
above.
Reimbursable expenses are in addition to the compensation listed above and include
expenditures mode by firm in the interests of the project.Examples are reproduction of
documents,printing, transportation,postage,overnight delivery and messenger services.
Billing will be on a monthly basis for work accomplished during the preceding month.
Payment is due within 45 days.
If this proposal is acceptable,please sign and return a copy for our records. If any
clarification or additional information is required,please do not hesitate to call.
Don Pohrte,Partner
product architecture +design
81 1 west evergreen suite 405
chicago,it 60642
31 2.202.0701 c 773.837.0447 f 866.857.7265
Accepted by:
Date:
Jacob Post, Head Librarian
product architecture+ design i ww.product-architects.com