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Concrete Slab Inspection and Core Cut SamplesVILLAGE OF OAK BROOK PROFESSIONAL SERVICES AGREEMENT This AGREEMENT is dated as of the _J/ day of /Nit, 2016("Agreement"), and is by and between the VILLAGE OF OAK BROOK, an Illinois municipal corporation ("I"rlinge"). and STRUCTURAL TE 11NOL.OGIC:S INCORPORATED 103 FESSLER DRIVE, RL.00MINGDAI.B, IL.LINO/S d0l(8("Cnnsnlraw"). IN CONSIDERATION OF the recitals and (tic 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 retains the Consultant to perforin, and the Consultant agrees to perform, all necessary services to perform the work in connection with the project identified below (`Services"), which Services the Consultant shall provide pursuant to the teens and conditions of this Agreement: Concrete Slab Inspection and Core Cut Samples (2) as more fully described in the attached proposal submitted by Structural Technologies Incorporated dated March 10, 2016. SECTION 2. TIME OF PERFORMANCE, The Consultant shall perforin the Services at a time mutually agreed upon by the Village and Consultant. ("Time of Performance'). SEC:TION3, COMPF,NSATION. A. Agreement Amount. The total amount billed by the Consultant for the Services under this Agreement shall not exceed $4,450.00, including reimbursable expenses, without the prior express written authorization of the Village Manager, Payment shall be made upon completion of the work and final acceptance by the Village. B. 'faxes, Benefits, and Royalties, Each payment by the Village to the Consultant includes all applicable federal, state, and Village 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 similar benefits and all costs. royalties, and fees arising from the use of, or the incorporation into, the Services, of patented or copyrighted 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. SECTION 4. REPRESENTATIONS OF CONSULTANT. The Consultant represents and certifies that the Services shall be performed in accordance with the standards of professional practice, care.. and diligence practiced by recognized consultants in performing services of a similar nature in existence at the "tine of Performance. `fire representations and certifications expressed shall be in addition to tiny other, representations and certifications expressed in this Agreement, or expressed or implied by law. which are herehv reserved unto the Village, The Consultant further represents that it is financially solvent, has the necessary financial resources, and is sufficiently experienced and competent to perform and complete the Services in a manner consistent with the standards of professional practice by recognized consultants providing services of a similar nature. Philip J. Malian, shall be primarily responsible for carrying out the Services on behalf of the Consultant ("Kcj, Project Personnel'). The Key project Personnel shall not be changed without the Village's prior written approval. The Consultant shall provide all personnel necessary to complete the Services. The Consultant shall provide all personnel necessary to complete the Services. SECTION S. INDEMNIFICATION; INSURANCE; LIABILITY. A. Indemnification. The Consultant proposes and agrees that the Consultant shall indemnify and save harmless the Village, its officers, officials. employees and volunteers, against all damages, liability, claims, losses, and expenses (including anomeys' fee) that may arise, or be alleged to have arisem, out of or in connection with the Consultant's performance of; or failure to perform, the Services or any part thereof, or any failure to meet the representations and cenifications set forth in Section 4 of this Agreement, B. Insurance. The Consultant acknowledges and agrees that the Consultant shall, and has a duty to, maintain adequate insurance, in an amount, and in a form and front companies, acceptable to the Village. The Consultant's maintenance of adequate insurance shall not be construed in any way as a limitation on the Consultant's liability for losses or damages under this .Agreement. C. No Personal Liability. No elected or appointed official, or employee of the Village shall be personally liable, in law or in contract, to the Consultant as the result of the execution of this Agreement. SECTION G GENERAL PROVISIONS. A. Relationship of the Parties. The Consultant shall act as an independent contractor in providing- and rovidingand performing the Services. Nothing in, nor done pursuant to. this Agrcernem shall be construed to. (1) create the relationship of principal and agent, employer and employee. partners, or john venturers between the Village and Consultant: or (2) to create any relationship between the Village and any subcontractor of the Contractor B, Conflicts of Interest. '1910 Consultant represents and certifies that, to the best of its knowledge: (l) no Village employee or agent is interested in the business of the Consultant or this Agrecntem; (2) as of' the date of this Agreement, neither the Consultant nor any person employed or associated with the Consultant has any interest (fiat would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither the Consultant nor any person employed by or associated with the Consultant shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement C. No Collusion, The Consultant represents and certifies that the Consultant is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the 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 Section 11-42.1-1 ei seq of the Illinois Municipal Code, 65 1LCS 5111.42.1-1 et seq.; or (2) a violation of either Section 33E-3 or Section 33E4 of Article 331:; of the Criminal Code of 1961, 720 ILC'S 9/336-I et .req if at any lime it shall be found that the Consultant has, in procuring this Agreement, colluded with any other person, firm, or corporation, then the Consultant shall be liable to the Village finall loss or damage that the Village may suffer, and this Agreement shall, at the Village's option, be null and void. D. 'termination, Notwithstanding any other provision hereof. the Village may terminate this Agreement at any time upon 15 days prior written notice to the Consultant. In the event that this Agreement is so terminated, the Consultant shall be paid for Services actually performed and reimbursable expenses actually incurred, if any, prior to termination, riot exceeding the value of the Services completed. E. Compliance with Laws and Grants. Consultant shall give all notices, pay all fees, and take all other action that may be necessary to ensure that the Services are provided, performed, and completed in accordance with all required governmental permits, licenses, or other approvals and authoriniions that may be required in connection with providing, performing, and completing the Services. and with all applicable statutes, ordinances, rules, and regulations. including without limitation the Pair Labor Standards Ad; any statutes regarding qualification to do business; any statutes prohibiting discrintinmion because oC or requiring affirmative action based on, race, creed. color, national origin, age, scx. or other prohibited classification, including without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 er seq, and the Illinois Human Rights Act, 775 ILCS 5il-101 ri seq. Consultant shall also comply will) all conditions of any federal, state, or local grant received by the Village 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 Conzultanfs, or its subcontractors, perfornrance of, in failure to perform, the Services or any pari thereof. Every provision of law required by law to be inscrled into this Contract shall be deemed to be inserted herein. - I'. Default. Wit shouhl appear at ally time that the Consultant has failed or refused to prosecute, or has delayed in the prosecution of, the Services will diligence at a rate that assures completion of the Services in full compliance with the requirements of this Agreement, or has otherwise failed, refused, or delayed to perform or satisfy the Services or any o0ter requirement of this Agreement ("Even of Default"), and fails to cure any such Event of Default within ten business days after the C:onsiltant's receipt of written notice of such Event of Default from the Village, then the Village shall have the right, without prejudice to any other remedies provided by law or equity, to (1) terminate this Agreement without liability for further payment; or (2) withhold from any payment or recover from the Consultant, any and all costs, including attorneys' fees and administrative expenses, incurred by the Village as the result of any Event of' Default by the Consultant or as a result of actions taken by the Village in response to any Event of Default by the Consultant. G. Assignment, This Agreement may not be assigned by the Village or by the C'onsuliant without the prior written consent of the other party. H. Notice, All notices required or permitted to be given under this Agreement shall be in writing and shall be delivered: (1) personal]); (2) by a reputable overnight courier; or by (3) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of: (a) actual receipt; (b) one business day after deposit scith all overnight courier as evidenced by a receipt of deposit; or (e) three business days following deposit in the 11.5. mail, as evidenced by a return receipt. Notices and communications to the Village shall be addressed to, and delivered at, the following address: Village of Oak Brook 12t10 Oak Brook Road Oak Brook, Illinois 60523 Attention: Doug PiRIChill, Public Works Director Notices and communications to the Consultant shall be addressed to, and delivered at, the following address: Structural Technologies Incorporated 103 Pessler Drive Bloomingdale, Illinois 60108 Attention: Philip J. Mahan. RRO. RCI 1. 'niver. Neither the Village nor the Consultant shall be under any obligation to exercise any of the rights granted to them in this Agreement except as it shall determine to be in its best interest from time to time. The failure of the Village or the Consultant to exercise at any time any such rights shall not be deemed or construed as a waiver of that right, nor shall the failure void or affect the Village's or the Consultant's right to enforce such rights or any other rights. .I. Third Party Beneficiary, No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made or be valid against the Village. A'FfFS,6AA&wM-1 �–M By: w_T Charlotte Pruss, Village FM By: _WW –! � Tit K. Governing taw; Venue. This Agreement shall be governed by, construed and enforced in accordance with the internal laws, but not the conflicts of latus rules, of the State of Illinois. Venue for any action arising oat of this Agreement shall be in the Circuit Court for DuPage County, Illinois. 1.1. Exhibits. If any conflict exists between this Agreement and any exhibit attached hereto, the terms of this Agreement shall prevail. t'lJ.t. 3=�> L- •� B �. – Riccardo F. Ginex, Village Manager I By: y Its: _f �J–f-- ----- ATTACHMENT A PROPOSAL DATED MARCH 10, 2016 PROPERTY EVALUATION, RESTORATION AND PRESERVATION - CONSULTING SERVICES & CONSTRUCTION MANAGEMENT March 10, 2016 Village of Oak Brook Arm. Mr. Doug Patchin 1200 Oak Brook Road Oak Brook, IT, 60523 Re: Consulting Services — Concrete Slab Inspection & Core Cut Project Attn.: Mr. Doug Patchin, Thank you for the opportunity to submit a quotation for services associated with the inspection and analysis of the existing concrete walkway / concrete slab at the Oak Brook Village Hall - Village of Oak Brook. Inspection / investigation services proposed in this Quotation are to be provided to assess underlying conditions of concrete slab, waterproofing membrane, coating, embedded rebar and structural elements. This quotation for services is based on the project requirements, scope of work and extent of analysis required to provide you with accurate information regarding the existing condition of the concrete decking and interface with exterior wall components at the property. Core sampling of the concrete surface will be provided by a Licensed Contractor. The Contractor will provide personnel, equipment and materials for the purpose of performing this inspection in conjunction with the contracted work. Invasive core sampling of the concrete deck at various locations to examine structural steel reinforcement, waterproofing systems, etc, will be performed in accordance with published procedures and methods, the contractor will restore core locations to watertight condition upon completing the examination. SCHEDULE OF CONSULTING FEES Project Location: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Scope of Services: Concrete Walkway Inspection & Core Cut ITEM I • Detailed Analysis of Existing Concrete Slab Conditions Includes the followi= Hands-on and on-site inspection and analysis of existing concrete slab conditions, exterior sealants or coatings (applied over the concrete), surrounding masonry walls and parapet walls, window frame, guardrail and components adjacent to the designated concrete plaza deck area. Existing conditions and construction will be noted including all deficiencies, Location of areas of deterioration, resonance sounding and flat steel probe through joints and/or cracks, etc. to determine structural integrity, inspection of any / all waterproof membrane, inspection of existing caulMng sealants and general analysis as required to determine structural integrity. Measurement of any deflection or detachment of the concrete from the load bearing backup wall structure. Inspection of the concrete walkway areas will include an estimation of the total area or quantity of required replacement, and any masonry replacement mortar replacement and wall reconstruction. Examination of the concrete slab / walkway areas of the structure will include performing invasive core samples / demolition of selected areas. These inspection openings will be perforated to verify the underlying condition of the structural slab, design and integrity of the concrete and attachment of the walkway to the structural wall. CONTRACT DOCUMENT - CONCRETE SLAB INSPECTION & CORE CUT Page 1 PESSIER DRIVE HLOOMINGDALE, IL 60108 A\TRUC,j,105 CI3NOLOGIES PHONE:(630)361-8200 FAX: (630) 361-9133 NCORP�RATED E-MAIL: structecinc@sboglobal.net PROPERTY EVALUATION, RESTORATION AND PRESERVATION - CONSULTING SERVICES & CONSTRUCTION MANAGEMENT March 10, 2016 Village of Oak Brook Arm. Mr. Doug Patchin 1200 Oak Brook Road Oak Brook, IT, 60523 Re: Consulting Services — Concrete Slab Inspection & Core Cut Project Attn.: Mr. Doug Patchin, Thank you for the opportunity to submit a quotation for services associated with the inspection and analysis of the existing concrete walkway / concrete slab at the Oak Brook Village Hall - Village of Oak Brook. Inspection / investigation services proposed in this Quotation are to be provided to assess underlying conditions of concrete slab, waterproofing membrane, coating, embedded rebar and structural elements. This quotation for services is based on the project requirements, scope of work and extent of analysis required to provide you with accurate information regarding the existing condition of the concrete decking and interface with exterior wall components at the property. Core sampling of the concrete surface will be provided by a Licensed Contractor. The Contractor will provide personnel, equipment and materials for the purpose of performing this inspection in conjunction with the contracted work. Invasive core sampling of the concrete deck at various locations to examine structural steel reinforcement, waterproofing systems, etc, will be performed in accordance with published procedures and methods, the contractor will restore core locations to watertight condition upon completing the examination. SCHEDULE OF CONSULTING FEES Project Location: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Scope of Services: Concrete Walkway Inspection & Core Cut ITEM I • Detailed Analysis of Existing Concrete Slab Conditions Includes the followi= Hands-on and on-site inspection and analysis of existing concrete slab conditions, exterior sealants or coatings (applied over the concrete), surrounding masonry walls and parapet walls, window frame, guardrail and components adjacent to the designated concrete plaza deck area. Existing conditions and construction will be noted including all deficiencies, Location of areas of deterioration, resonance sounding and flat steel probe through joints and/or cracks, etc. to determine structural integrity, inspection of any / all waterproof membrane, inspection of existing caulMng sealants and general analysis as required to determine structural integrity. Measurement of any deflection or detachment of the concrete from the load bearing backup wall structure. Inspection of the concrete walkway areas will include an estimation of the total area or quantity of required replacement, and any masonry replacement mortar replacement and wall reconstruction. Examination of the concrete slab / walkway areas of the structure will include performing invasive core samples / demolition of selected areas. These inspection openings will be perforated to verify the underlying condition of the structural slab, design and integrity of the concrete and attachment of the walkway to the structural wall. CONTRACT DOCUMENT - CONCRETE SLAB INSPECTION & CORE CUT Page 1 Visual examination and probe testing of wall systems, window systems and applied sealants will be performed to identify any areas of caulking sealant failure, glazing gasket failure, improper installation, inadequate drainage or any other condition which could be contributing to moisture entry into the concrete walkway or exterior wall system. Limited inspection of interior spaces to evaluate leakage and damage attributed to moisture penetration through the concrete slab. Documentation of the location and extend of damage as well as commentary regarding potential / probable source(s) of moisture entry. Photographic documentation of the concrete slab conditions, window and roof conditions as well as any observed deficiencies. Photographic documentation of all construction conditions observed during any invasive core sampling or openings will be included. Areas of corrosion, concrete delamination / deterioration and structural failure will be photographed and submitted in conjunction with the written Condition Report. Reports will include repair and/or reconstruction recommendations for restoration of the concrete slab, concrete walkway, masonry walls, windows / window frames, sealants, waterproofing elements, etc.. Optional methods of repair or reconstruction will be provided including a brief description of the methods and materials to be utilized to complete the repairs. Prioritize and establish replacement and maintenance budget costs for exterior wall, roof and window restoration and reconstruction projects, Prepare a detailed Elevation drawing for the East Elevation of the structure depicting the areas of deterioration and structural damage. Structural Technologies, Inc. will be willing to attend Owner / Site Meetings for an additional fee of $450.00 per meeting. Item I: Concrete Slab Inspection & Core Cut and Analysis Total Quotation for Services: Item 2: Concrete Core Samples $2,950.00 Includes: Cutting an opening into the concrete slab / overlayment slab to determine existing construction, thickness of the topping slab, design / integration of waterproofing membrane, corrosion of embedded steel reinforcement, presence of trapped water / moisture within the slab, etc.. Recommendation: For the purpose of preparing the most accurate report as to the existing conditions and underlying deterioration, we would recommend a minimum of two (2) core samples be extracted from designated locations. Cost per Concrete Slab Core Sample $750.00 per core * Quotation will remain fixed for a period of sixty (60) days from the date of submittal. The contact / proposal must be filled out in its entirety before the project will be placed on a schedule in order to proceed with work. ACCEPTANCE OF PROPOSAL: (AUTHORIZED SIGNATURE) (DATE) (PURCHASE ORDER NUMBER) CONTRACT DOCUMENT—CONCRETE SLAB INSPECTION & CORE CUT Page 2 OPTIONS SELECTED (PLEASE CIIFCK THOSE OPTIONS / ITEMS WHICH ARE APPROVED) ITEM L DETAILED CONDITION ANALYSIS & RECOMMENDATIONS ITEM 2: CONCRETE CORE SAMPLES (Total of 2 cores) Note: Billing for concrete deck core samples will be based on actual number of core samples. A maximum of two (2) cores / openings will be performed ... additional investigative openings (cores) will be extracted only upon written authorization of the Owner. Acknowledgements must be initialed in order for contract /proposal to be valid. If the acknowledgements are not initialed, the contract is invalid and work will not proceed until the Owner fills out the proposal in its entirety. ACKNOWLEDGEMENT 1: Board / Site Meetings will be billed at $450,00 ACKNOWLEDGEMENT 2: Structural Technologies, Inc, is an independent Property Restoration Consultant and does not provide or practice Ownerore or Structural Engineering. uotation Summary This Quotation is a "Fixed Cost Quotation" calculated for the Concrete Slab Inspection & Core Cut Project set forth in this document. Increases in the scope of work (beyond that set forth in this Quotation) or additional consulting services required to develop specifications, drawings or bid documents for this (or additional) projects are not included in this price. Upon receipt of the signed copy of any or all sections of this contract, we will begin scheduling the inspection and begin the preparation of the documents detailed in this quotation. Limit of Liability & Contractual Ob) -i ag tions Structural Technologies, whether contracted for inspection, analysis, project design / development and/or periodic or full time on-site inspection of work being performed in conjunction with contracted services set forth in this agreement shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work performed by any Contractor awarded work as a result of services provided in this agreement between the Consultant — Structural Technologies, Inc. and the Owner (or designated representative), since these are solely the Contractor's rights and responsibilities under their Contractual Agreement and Contract documents. The Owner (or designated representative) shall be liable for the selection of any contractor and any negotiated terms not specifically set forth in the specifications and bid documents. Project Management and Project Administration services provided by Structural Technologies, Inc. shall be provided on an advisory capacity and do not supplant the Association/Owner's obligations. Structural Technologies, Inc. shall not be held liable for Contractor related project delays, performance or non-compliance with the specifications and drawings or material failure. The Owner's / Association's release of payment to the Contractor does not represent acceptance of completed work by Structural Technologies, Inc... Structural Technologies, Inc, makes no warranties for workmanship or materials, express or implied, under this Agreement or otherwise, in connection with their (Structural Technologies, Inc.'s) contracted services. Structural Technologies, Ine.'s limitation of liability shall be not greater than the total aggregate cost of either design or inspection services provided by Structural Technologies, Inc. in conjunction with this project, CONTRACT DOCUMENT—CONCRETE SLAB INSPECTION & CORE CUT Page 3 Payment Terms and Agreement All payment terms will be as set forth herein with the exception of any pre -arranged payout procedures negotiated with the client / Owner. To avoid additional finance charges, payment to Structural Technologies, Inc. must be received within thirty (30) days of the receipt of the invoice. Atter this date, an additional. finance charge of 1.5% per month will be assessed. Any alteration or deviation from the base Quotation and Scope of Work or services contracted with Structural Technologies, Inc. will be billed "In Addition" to the base contract price. Any extra work will only be performed upon written authorization from the Owner (or designated representative). Additional inspections, services, meetings, documentation, etc... required beyond the scope of this contract may incur additional charges. The Owner (or designated representative) shall beresponsible for verification of any dimensions or scope of work upon which this quotation is based. In the event Structural Technologies, Inc. does not receive full payment in accordance with the terms set forth in this Proposal/ Contract, Structural Technologies, Inc. shall be compensated for all reasonable attorney's fees, court costs and collection expenses in addition to the base contract value incurred to secure full payment. Payment for Item I & 2: A security deposit equal to fifty (50%) percent of the total amount due for Item 1 & 2: Oak Brook Village Hall Concrete Slab Inspection & Core Cut shall be due prior to initiating the work under this section. The balance of fifty (50%) percent shall be due upon completion. A total of two (2) reports, sets of drawings, etc, will be included in this Base Contract. Additional reports, photographs, etc, will be billed at cost plus twenty (20"/0) percent per report. Insurance Requirements Structural Technologies, Inc, shall be required to maintain a current Liability and Worker's Compensation Insurance Policy and will submit copies of such policies to the Owner (or designated representative) upon request. The Owner (or designated representative) shall be responsible for maintaining a current insurance policy for the business and all personnel employed by the Owner and providing services including professional services in conjunction with this project. Overview of Services Provided Our commitment at Structural Technologies is to provide our clients with the highest level of service combined with the best quality contractors and specified materials available. Structural Technologies, Inc. is an independent Consulting Firm and as such in not licensed nor engaged in the practice of Engineering, Ownerure, Life Safety Monitoring, Hazardous Material Identification, Air Quality Monitoring or any other regulated or licensed practice, Any /all Structural Engineering services offered in this proposal will be sub -contracted and/or provided by other firms licensed to provide said services in the State of Illinois. The Owner's /or authorized representative's execution of this contract shall be evidence thataft terms, conditions and statements contained herein are acknowledged and accepted. Structural Technologies, Inc, provides consulting services for project development including; specifications, bid documents, pre -qualification of contractors, job -site management and inspection services, payment and warranty administration, final inspections, financial management services and punehlists as set forth herein. These services are provided to facilitate accurate bidding and application of materials in compliance with Building Code and published Material Manufacturer requirements. Our field experience, objective analysis and detailed material installation specifications combined with on- site quality control inspections result in high quality cost effective solutions to your building restoration and maintenance requirements. We look forward to working with you in conjunction with the Oak Brook Village Hall - Village of Oak Brook — Concrete Core Sampling & Condition Analysis. If you have any questions regarding this contract, please contact our office at (630) 351.8200 or FAX us at (630) 351-9133. Sincerely, MW President- Structural Technologies, Inc. CONTRACT DOCUMENT —CONCRETE SLAB INSPECTION & CORE CUT Page 4