R-22-50VILLAGE OF DEERFIELD
RESOLUTION NO. 2022- R-22-50
A RESOLUTION APPROVING AN AGREEMENT WITH CIORBA GROUP, INC OF
CHICAGO, ILLINOIS FOR
EMERGENCY WATER CONNECTION PRELIMINARY ENGINEERING SERVICES
WHEREAS, the Village of Deerfield ("Village's is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970;
and
WHEREAS, the Village desires to retain a firm to provide engineering services for
Emergency Water Connection Preliminary Engineering Services ("Services'); and
WHEREAS, the Village received a proposal from Ciorba Group, Inc. of Chicago,
Illinois ("Consultant') to provide the Services; and
WHEREAS, the Village and Consultant desire to enter into an agreement for the
provision of the Services by Consultant ("Agreement'); and
WHEREAS, the Mayor and Board of Trustees have determined that entering into
the Agreement with Consultant will serve and be in the best interest of the Village and its
residents;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals
as its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF AGREEMENT. Pursuant to the Village's home
rule authority, the Agreement by and between the Village and Consultant is hereby
approved in substantially the form attached to this Resolution as Exhibit A, and in a final
form and substance acceptable to the Village Manager and the Village Attorney.
SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Mayor and
the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the
Village, the final Agreement upon receipt by the Village Clerk of at least one original copy
of the final Agreement executed by Consultant; provided, however, that if the executed copy
of the final Agreement is not received by the Village Clerk within 60 days after the effective
date of this Resolution, then this authority to execute and attest will, at the option of the
Mayor and Board of Trustees, be null and void.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
[SIGNATURE PAGE FOLLOWS]
{00124077.11
AYES: Benton, Berg, Jacoby, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
PASSED: September 19, 2022
APPROVED: September 19, 2022
RESOLUTION NO: R-22-50
Daniel C. Shapiro, Mayor
ATTEST:
Kent . Street, V' age Clerk
{00124077.11
EXHIBIT A
Agreement
{00124077.11
Agreement for Engineering Services
Village of Deerfield
Water Interconnect Transmission Main
Preliminary Engineering Services
This AGREEMENT, made effective this 5' u . day of r , 20_ by and between the
Village of Deerfield (hereinafter referred to as the "VILLAGE"), and Ciorba Group, Inc. located at
8725 W. Higgins Road, Suite 600 in Chicago, Illinois, a firm of Consultants (hereinafter referred to as
"CIORBA"), with regard to providing preliminary engineering and other services in connection with the
_Water Interconnect Transmission Main_ (hereinafter referred to as the "PROJECT"). The PROJECT
involves the routing study and topographic survey of approximately two o_ miles of 16" water
transmission main.
NOW THEREFORE, the VILLAGE and CIORBA, in consideration of the mutual covenants hereinafter set
forth, agree to as follows:
Basic Agreements of Ciorba
CIORBA, in signing this AGREEMENT, certifies that it is in compliance with the Illinois Statutes
relating to professional registration of individuals and to corporate practice for rendering such
services. CIORBA further certifies that 362525351 is its correct Federal Taxpayer Identification
Number and that it is doing business as a corporation.
2. CIORBA does hereby certify that it is not barred from entering into this contract as a result of a
violation of either Sec. 720 ILCS 5/33E-3 or 720 ILCS 5/33E-4 of Chapter 38, Illinois Revised
Statutes.
CIORBA warrants that it has complied with applicable Federal, State and local laws pertaining to
labor, equal employment opportunity and contract procurement and knows of no violations
thereof, and such warranty shall survive until time of completion of the project.
4. CIORBA agrees to perform certain enumerated services in connection with the PROJECT hereinafter
stated as described in EXHIBIT A —SCOPE OF SERVICES. CIORBA will serve as the VILLAGE'S
representative in those phases of the Project to which this Agreement applies and will give
consultation and advice to the VILLAGE during the performance of its services.
5. The work shall commence within five (5) days of receiving written authorization to proceed from
the VILLAGE. Services shall be completed by December 31, 2022. Time to complete the services
excludes from consideration periods of delay caused by circumstances beyond the control of
CIORBA and, if applicable, review time by any necessary State and Federal agencies.
Page 1 of 6 <<7 CiorbaG ro u p
Revised 04/ 26 /.2021
6. CIORBA agrees to maintain insurance coverage in the following minimum amounts:
Professional Liability
$2,000,000 per claim/aggregate
General Liability $1,000,000 Each Occurrence - Bodily Injury
$1,000,000 Each Occurrence - Property
Damage
$2,000,000 Aggregate
Automotive Liability - including
non -ownership and hired car coverage
Employer's Liability
Worker's Compensation
$1,000,000 Per Person/Per Occurrence
$500,000 Each
Per Statutory Amount
CIORBA shall file with the VILLAGE a Certificate of Insurance showing complete coverage of all
insurance required, signed by the insurance companies or their authorized agents. Each certificate
shall provide that the coverage shall not be terminated without 30 days advance written notice to
the VILLAGE except for 10 days notice for cancellation due to non-payment. CIORBA shall name
the VILLAGE as an additional insured for general liability and automotive liability for limits stated
above. ENGINEER shall require all subcontractors and subconsultants to carry insurance in the
amounts stated above.
7. As per Exhibit A, CIORBA will attend conferences and will visit the site of the work at any
reasonable time when requested to do so by the VILLAGE.
All studies, reports, plans, contract documents and estimates to be furnished by CIORBA, pursuant to
this AGREEMENT, will be in accordance with current standard specifications and policies of the
VILLAGE. It is understood that all such studies, reports, plans, contract documents and estimates
shall, before being finally accepted, be subject to the approval of the VILLAGE.
9. All plans and other documents furnished by CIORBA pursuant to this AGREEMENT will be endorsed by
CIORBA and show the requisite professional seal where such is required by law.
10. CIORBA shall perform its services consistent with the prevailing practices and customs of like firms
performing similar services. CIORBA shall be responsible for the accuracy of its own services and
shall promptly make necessary revisions or corrections resulting from its errors or negligent acts
without additional compensation for such services. Acceptance of the Work by the VILLAGE will not
relieve CIORBA of the responsibility for subsequent corrections of any such errors or omissions or for
clarification of any ambiguities.
Basic Agreements of The Village
1. The VILLAGE'S representative for this project shall be the Director of Public Works or his
authorized designee. CIORBA'S designated representative shall be Tony Wolff. Such representatives
shall have authority to act on behalf of their respective principals and render decisions efficiently.
Either party may change its designated representative by a writing sent to the other.
Page 2 of 6 <<7 aorbaG ro u p
Revised 04/26/2021
2. The VILLAGE will pay CIORBA for the performance of the contract as follows:
On a monthly basis upon receipt of an invoice based on the actual cost of work completed.
"Actual Cost" is defined as the direct labor costs associated with the personnel used for the
work times a direct labor multiplier of 2.9 to cover profit, overhead, payroll burden and fringe
benefits plus direct costs. Direct costs are travel, printing and other out-of-pocket expenses as
well as subconsultant costs. Direct costs will be reimbursed to CIORBA at their cost with no
additional service charge. If VILLAGE identifies an item in the invoice which appears to be in
error, VILLAGE may withhold the amount in question but shall pay the balance of the invoiced
amount and provide CIORBA with a statement concerning the questioned item. Alternatively,
the VILLAGE may pay the full amount of the invoice, provide a statement of the questioned
item, and adjustment, if appropriate, will be made in the next subsequent invoice submitted
by CIORBA, all pending further discussion between the parties. Direct labor costs for employees
shall be consistent with the hourly rate ranges shown on the attached EXHIBIT B.
b. The upper limit of compensation shall not exceed $102,550.35 and is detailed in EXHIBIT B.
c. The upper limit of compensation may be increased or decreased by subsequent agreement
between the contractual and approving parties in writing with signatures by both the VILLAGE
and CIORBA if there is a major change in the scope, character or complexity of the work.
3. The VILLAGE agrees to furnish CIORBA with all available plans, utility atlases and survey data useful
to the work to be done by CIORBA. CIORBA shall have the right to rely on the accuracy of any
information provided by the VILLAGE or VILLAGE consultants. CIORBA shall not be responsible for the
acts or omissions of the VILLAGE's other consultants, or any other person or entity performing work
on the PROJECT who are not under the direct control or authority of CIORBA.
4. The VILLAGE agrees that, should the VILLAGE require Extra Work, the VILLAGE will pay CIORBA for
such Extra Work on the basis of his actual costs - "actual cost" being defined in paragraph 2.a. of the
BASIC AGREEMENTS OF THE VILLAGE. Extra Work is defined as any engineering services required
beyond the Scope of Services listed in paragraph 4 of the BASIC AGREEMENTS OF CIORBA. The
maximum compensation for Extra Work shall be an amount mutually agreed to by the VILLAGE and
CIORBA. Extra Work shall not commence until written authorization is received from the VILLAGE.
Notwithstanding the foregoing, should CIORBA receive subpoenas or be subject to court orders arising
from the Work, CIORBA shall upon notice to the VILLAGE be compensated for compliance with said
subpoenas or orders by VILLAGE at CIORBA's then prevailing hourly rates.
5. That, should the VILLAGE require changes in any of the detailed reports, studies or estimates except
for those required pursuant to paragraph 10 of the BASIC AGREEMENT OF CIORBA, after they have
been approved by the VILLAGE, the VILLAGE will pay CIORBA for such changes on the basis of his
actual costs - "actual cost" being defined in paragraph 2.a. of the BASIC AGREEMENTS OF THE
VILLAGE. The maximum compensation for these changes shall be an amount mutually agreed to by
the VILLAGE and CIORBA. It is understood that "changes" as used in this paragraph shall in no way
relieve CIORBA of his responsibility to prepare the work completely and adequately to the reasonable
satisfaction of the VILLAGE.
General Conditions
1. This contract shall constitute the entire agreement and understanding by and between the parties
hereto, and it shall not be considered modified, altered, changed or amended in any respect unless
done so in writing with signatures by both the VILLAGE and CIORBA.
Page 3 of 6
Revised 04/26/2021 <<.7ciorbaGroup
2. The VILLAGE and CIORBA each binds himself and his partners, successors, executors, administrators
and assigns to the other party of this Agreement and to the partners, successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Agreement.
Nothing herein shall be construed as creating any personal liability on the part of any officer or
agent of any public body, which may be a party hereto. Both VILLAGE and CIORBA agree that
neither shall take any action to assert any claims or lawsuits against an individual officer,
employee, agent, owners of the other. This AGREEMENT shall not be construed as giving any rights
or benefits hereunder to anyone other than the VILLAGE and CIORBA. No third party beneficiaries
are created by this AGREEMENT.
3. Copies of tracings, plans, reports, estimates, maps, survey notes, computations, electronic data files
and other documents prepared by CIORBA in accordance with this AGREEMENT shall upon request be
delivered to the VILLAGE per Exhibit A.
4. That none of the services to be furnished by CIORBA, other than those shown in EXHIBIT A, shall be
sublet, assigned, or transferred to any other party or parties without written consent of the VILLAGE.
The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by
CIORBA shall not be construed to relieve CIORBA of the responsibility for the fulfillment of this
AGREEMENT.
CIORBA assumes no responsibility for the detection or removal of any hazardous substances found at
the job site.
6. CIORBA shall have right of access to the project site whenever work is in progress.
7. Any difference between CIORBA and the VILLAGE concerning their interpretation of the provisions of
this AGREEMENT shall, before any litigation is commenced, be referred to a mediation committee as
a condition precedent to litigation. The committee shall consist of one member appointed by
CIORBA, one member appointed by the VILLAGE and a third member appointed by the two other
members.
This AGREEMENT may be terminated by the VILLAGE upon giving notice in writing to CIORBA at his
last known post office address. Upon such termination, CIORBA shall cause to be delivered to the
VILLAGE all surveys, permits, agreements, reports, drawings, partial and completed estimates and
data, if any from soil survey and subsurface investigations with the understanding that all such
material becomes the property of the VILLAGE subject to CIORBA retaining all intellectual property
rights including common law, statutory, copyright, and other reserved rights in the instruments of
service.
9. The VILLAGE agrees that, should the Project or any part thereof be abandoned or terminated at
any time after CIORBA has performed any part of the services provided for in this AGREEMENT; and
prior to the completion of such services, the VILLAGE shall reimburse CIORBA for his actual costs,
incurred up to the time he is notified in writing of such abandonment or termination, actual cost
being defined in paragraph 2.a. under 'BASIC AGREEMENTS OF THE VILLAGE".
10. In accepting and utilizing any drawings, reports, documentation and other technical submissions (in
any form including electronic media) generated and furnished by CIORBA, the VILLAGE agrees that
these are all instruments of service of CIORBA, who shall be deemed the author, and shall retain all
common law, statutory law and other rights, including copyrights.
The VILLAGE agrees not to reuse any drawings, reports, documentation and other technical
submissions (in any form including electronic media), in whole or in part, for any purpose other
than for the Project. The VILLAGE agrees not to transfer the drawings, reports, documentation and
other technical submissions (in any form including electronic media) to others without the prior
Page 4 of b <<.7 CiorbaG rou p
Revised 04/26/2021
written consent of CIORBA. The VILLAGE further agrees to waive all claims against CIORBA
resulting in any way from any unauthorized changes to or reuse of any drawings, reports,
documentation and other technical submissions (in any form including electronic media) for any
other project by anyone other than CIORBA.
In addition, the VILLAGE agrees, to the fullest extent permitted by law, to indemnify and hold
harmless CIORBA, its officers, directors, employees and subconsultants against all damages,
liabilities or costs, including reasonable attorneys' fees and defense costs, arising from any changes
made by anyone other than CIORBA or from any unauthorized reuse of any drawings, reports,
documentation and other technical submissions (in any form including electronic media) without
the prior written consent of CIORBA.
Under no circumstances shall delivery of any drawings, reports, documentation and other technical
submissions (in any form including electronic media) for use by the VILLAGE be deemed a sale by
CIORBA, and CIORBA makes no warranties, either express or implied, of merchantability and fitness
for any particular purpose. In no event shall CIORBA be liable for indirect or consequential
damages as a result of the VILLAGE'S reuse of the any drawings, reports, documentation and other
technical submissions (in any form including electronic media).
Nothing contained herein shall create a contractual relationship with, or any rights in favor of, any
third party, including any contractors, subcontractors, design professionals, or subsequent users.
11. Electronic files furnished by either party shall be subject to an acceptance period of 30 days during
which the receiving party agrees to perform appropriate acceptance tests. Ciorba shall correct any
discrepancies or errors detected and reported within the acceptance period. After the acceptance
period, the electronic files shall be deemed to be accepted and Ciorba shall have no obligations to
correct errors or maintain electronic files.
The VILLAGE is aware that differences may exist between the electronic files delivered and the
printed hard -copy construction documents. In the event of a conflict between the signed
construction documents prepared by CIORBA and electronic files, the signed or sealed hard -copy
construction documents shall govern.
12. This AGREEMENT and the enforcement therefore shall be governed, construed and controlled in all
respect by the laws of the state where the Project is located.
Page 5 of 6
Revised 04/26/2021 <<.70orbaGroup
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed on the date first above
written.
Executed by the:
Village of Deerfield of the State of Illinois, acting by and through its Board of
Trustees.
By:
it age President
Name: Daniel C. 5�akplro
Date: ko Li Z02
Ciorba Group, Inc.
By: 01'kD
Name: Duane O'Laughlin
Title: Chief Operating Officer
Date: 9/23/2022
ATTEST:
4--v—
Village Ckerk
Name: �r 2' f 7 -
Date: IC --S"- Zo zrZ
ATTEST:
Name: Melissa Bentz
Title: Corporate Secretary
Date 9/23/2022
Page 6 of 6 aorbaG rou p
Revised 04/26/2021 <<
Exhibit A
Scope of Services
WATER INTERCONNECT TRANSMISSION MAIN
ROUTING STUDY AND SURVEY
This scope of services includes preliminary engineering services, including a routing study and
topographic survey, for the design of approximately two miles of 16" water transmission main
connecting the recently constructed water interconnection between the Villages of Deerfield and
Northbrook under the Edens Spur to the Village of Deerfield's Mitchell Park Reservoir and Pump
Station.
The following are the primary tasks:
1. Meetings, Data Collection and Coordination
a. Attend an initial kickoff meeting with the Village to review the proposed scope of
improvements, engineering parameters, and project schedule. Copies of standard Village
specifications and details, and public utility atlases will be obtained during this meeting. An
additional meeting will be scheduled with the Village to review the concept water main
alignment.
b. Obtain private utility atlases for identification of potential conflicts.
2. Water Transmission Main Alignment Study & Pump Station Assessment
a. Ciorba will review the water transmission main alignment proposed by the Village to identify
any potential obstacles or proposed modifications. This review will include assessment of
potential utility conflicts, property ownership issues, permitting requirements, constructability,
long-term maintenance, and cost optimization. Additional potential criteria for evaluation will
be discussed with the Village at the kickoff meeting.
b. Ciorba will evaluate the connections to the existing pump station and determine necessary
improvements to yard piping outside of the station. It is assumed that any interior pump
station work is outside of the scope of this contract. It is further assumed that yard piping
work will be based on input from the Village or studies provided by the Village.
c. The Village will provide its water system model for Ciorba's use during the water main
alignment and pump station assessments. The Village will also facilitate coordination with the
Village of Northbrook to obtain modeling output of their system in order to assess
interconnection performance.
d. Ciorba will perform a hydraulic analysis of the final interconnection routing to identify any
additional improvements required in the Village of Northbrook or the Village of Deerfield in
order to achieve appropriate interconnection pressures and flows. These supplemental
improvements will be summarized in a Technical Memo for the Village's review. Types of
improvements may include a booster pump station and an interconnection meter / backflow
prevention vault. The interconnection valve vault, including valves and metering, for the
1
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connection to Northbrook's system is included in this scope of work. Design of a booster pump
station is not included but can be provided by Ciorba Group as an additional service.
3. Title Searches
a. The water main will be designed within the ROW, Village owned property, or existing
easements if possible. However, conditions may exist that could require easement acquisition
for the final alignment of the transmission main. Ciorba Group has included Ridgeline
Consultants on the project team to conduct three title searches during this preliminary
engineering phase.
4. Topographic Survey
a. Full horizontal and vertical topographic survey will be completed for the entire project length
with work beginning soon after agreement with the Village on a proposed water main
alignment. Survey tasks will include setting horizontal and vertical control and obtaining utility
information such as manhole invert elevations and conditions. Collecting storm sewer and
sanitary sewer manhole inverts will be important to identify potential conflicts with the
proposed water main. A tree survey of all trees with a diameter over 6-inches will also be
completed. Besides obtaining the topographic features in the project area, the survey will
establish the centerline alignment of the existing pavement. Property corners will be surveyed
if found during the normal survey process and will be used to cross-check GIS right of way
shape files provided by the Village. Once the survey is completed, the topographic data will be
used to develop base sheets for the design plan preparation. A Digital Terrain model will also
be developed to create an existing ground profile over the water main.
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STAFF HOURS
Village of Deerfield
Water Interconnect Transmission Main Routing Study
and
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27
117
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109
71
278
48
t. Meetings, Data Collection & Coordination Task Total:
55
11
23
5
9
7
olo Meetings Subtotal:
27
9
9
3
3
3
Meetings with Village - 2
s
4
a
Meetings with Other Agencies - 1
4
2
2
Meetings with Project Team (3 month duration)
15
3
3
3
3
3
o11 Coordination Subtotal:
24
2
12
2
4
4
Coordination with Village
5
1
4
Coordination with Other Agencies
2
2
Coordination with Project Team
7
1
4
2
Coordination with Utilities
10
2
4
4
012 Data Collection Subtotal:
4
2
2
Field Checks
4
2
2
2. Topographic Survey Task Total:
328
2
1
278
48
02o Field Survey Subtotal:
284
2
234
48
Project Setup
4
2
2
Establish Control Points and Ties
72
48
24
Horizontal Topography
144
144
Supplemental Survey
16
16
Drainage Utility Structure Inventory
48
24
24
o21 Process Survey Information Subtotal: 44
44
Base Sheet Development
20
20
Create Digital Terrain Model
24
24
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Water Interconnect Transmission Main Routing Study and Survey
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3. Water Resources Task Total:
272
88
20
100
64
032 Water Main System Subtotal:
180
44
20
76
40
Water System Demand Projections
6
2
4
Water System Capacity Analysis
26
10
16
Water Main Preliminary Design
76
24
8
28
16
Water Main Sheets
72
8
12
28
24
034 Reports / Location Drainage Studies Subtotal:
92
44
24
24
Water System Report
92
44
24
24
4
6. QC/QA Task Total:
4
090 QC/QA Subtotal:
4
4
Water Resources
4
4
7. Project Management & Administration Task Total:
16
12
4
too Project Management & Administration Subtotal:
16
12
4
Project Administration
8
3
Project Management
8
4
4
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<<70orbaGroup
CONSULTING ENGINEER
FIRM NAME
PRIME/SUPPLEMENT
Client
Ciorba Group, Inc.
Prime
Village of Deerfield
ESCALATION FACTOR 0.00%
CLASSIFICATION CURRENT RATE ESCALATED RATE
Project Manager
$90.00
$90.00
Senior Project Engineer
$73.00
$73.00
Project Engineer
$57.00
$57.00
Engineer II
$42.00
$42.00
Engineer 1
$34.50
$34.50
Senior Technician
$44.50
$44.50
Technician
$36.50
$36.50
DATE 09/09/22
Printed 9/9/2022 2:20 PM
IN-HOUSE DIRECT COSTS
Village of Deerfield
Water Interconnect Transmission Main Routing Study and Survey
PHASE
Meetings, Data Collection & Coordination
Description Unit Unit Cost Quantity Extended Cost
Vehicle (mileage) mile $ 0.575 140 $ 80.50
Total: S 80.50
Topographic Survey
Description Unit Unit Cost Quantity Extended Cost
Vehicle (day) day $ 65.00 29 $ 1,885.00
Total: S 1,885.00
CiorbaGroup
CECS Water Interconnect Transmission Main Routing Study and Survey.xlsm: InHouseDC CONSULTING ENGINEERS