R-24-31VILLAGE OF DEERFIELD
RESOLUTION NO. 2024- R-24-31
A RESOLUTION APPROVING AN AGREEMENT WITH CIORBA GROUP, INC. OF
CHICAGO, ILLINOIS FOR
ENGINEERING SERVICES
WHEREAS, the Village of Deerfield ("Village') 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 the
Deerfield Road Pump171g Station Generator and MCC Project ("Services'; and
WHEREAS, the Village received a proposal from Ciorba Group, of Chicago, Illinois
("Consultant's 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]
AYES: Benton, Berg, Goldstone, Jacoby, Metts-Childers, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: April 15, 2024
APPROVED: April 15, 2024
RESOLUTION NO: R-24-31
Daniel C. Shapiro, Mayor
ATTEST -
Andrew S. Lichtennan, Deputy Village Clerk
4894-2687-9925, v. 1
EXHIBIT A
Agreement
CiorbaG rou p
CONSULTING ENGINEERS
March 20, 2024
Attn: Brandon J. Janes, P.E.
Treatment Plant Superintendent
Village of Deerfield
465 Elm Street
Deerfield, IL 60015
Subject: Request for Fee Proposal for
Deerfield Road Pump Station
Generator and MCC Replacement
Dear Mr. Janes:
We are pleased to submit the enclosed fee proposal for the preparation of a Preliminary Design
Report (PDR) for the Deerfield Road Pump Station Generator and MCC Replacement project. We
understand that the PDR will be used to determine the scope for the proposed design, due to
the various design considerations presented to the Village.
We are excited for the opportunity. Should you have any questions, please contact me at
773.355.2958 or at klopez@ciorba.com at any time.
Sincerely,
Ciorba Group, Inc.
Katrina Lopez, PE, LEED AP
Water Resources Project Manager
8725 W. Higgins Road, Suite 600 P 773.775,4009
hL Chicago, IL 60631 F 773.775.4014
aorba.com
Agreement for Engineering Services
Village of Deerfield
Deerfield Road Pump Station
Generator and MCC Replacement
Ciorba Project Number 0021826.01
This AGREEMENT, made effective this day of , 20_ by and between the
Village of Deerfield (hereinafter referred to as the "CLIENT"), 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 certain engineering services as set forth below in Exhibit A in
connection with the Deerfield Road Pump Station Generator and MCC Replacement.
(hereinafter referred to as the "PROJECT") as detailed in the attached scope of work.
NOW THEREFORE, the CLIENT and CIORBA, in consideration of the mutual covenants hereinafter set
forth, agree to as follows:
Basic Agreements of Ciorba
1. CIORBA, in signing this AGREEMENT, certifies that it is in compliance with the state law 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 represents 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 representation shall survive until time of completion of the
project.
3. CIORBA agrees to perform certain enumerated services in connection with the PROJECT
hereinafter stated as described in EXHIBIT A —SCOPE OF SERVICES.
4. The work shall commence within five (5) days of receiving written authorization to proceed
from the CLIENT. Services shall be completed by August 2, 2024. Time to complete the
services excludes from consideration periods of delay caused by CLIENT, circumstances beyond
the control of CIORBA and, if applicable, review time by any necessary State and Federal
agencies.
5. 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 $1,000,000 Per Person/Per Accident
coverage
Employer's Liability $500,000 Each Occurrence
Worker's Compensation Per Statutory Amount
Revised: 3/13/2023 Page 1 of 10 < CiorbaGroup
6. CIORBA shall file with the CLIENT a Certificate of Insurance showing complete coverage of all
insurance being furnished, signed by the insurance companies or their authorized agents.
CIORBA shall name the CLIENT as an additional insured for general liability and automotive
liability for limits stated above and per its insurers' standard additional insured endorsements.
CIORBA shall require all of its subcontractors and subconsultants to carry insurance in the
amounts stated above. Additional insured endorsements shall be attached to the Certificate of
Insurance.
7. CLIENT agrees to maintain its own General Liability, Automotive Liability, Employer's Liability
with amounts no less than that shown for CIORBA. CLIENT also agrees to maintain Workers
Compensation insurance with statutory limits. CLIENT agrees to require its other consultants
and contractors to maintain similar coverage.
8. CIORBA shall perform its services consistent with the prevailing practices and customs of like
firms performing similar services.
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.
Revised: 3 / 13 / 2023 Page 2 of 10 << CiorbaG rou p
Basic Agreements of the Client
1. The CLIENT'S and CIORBA'S designated representatives for this project shall be:
CLIENT
Name:
Brandon J. Janes, PE
Title:
Treatment Plant Superintendent
Email:
bianes@deerfield.i1.us
Phone:
(847)719-7447
465 Elm Street
Deerfield, IL 60015
Address:
CIORBA
Name:
Katrina Lopez, PE, LEED AP
Title:
Senior Project Manager
Email:
klopez@ciorba.com
Phone:
(773)355-2958
Address:
8725 W Higgins Rd, Suite 600
Chicago, IL 60631
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.
The CLIENT will pay CIORBA for the performance of the contract as indicated in Exhibit B -
PROJECT FEE:
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 (DLM) of 3_0 to cover profit, overhead, payroll burden and
fringe benefits, plus direct costs.
b. Direct costs are travel, shipping, and other out-of-pocket company expenses as well as outside
costs. Direct costs will be reimbursed to CIORBA at their cost with no additional service charge.
c. The upper limit of compensation shall not exceed $46,945.34 and is detailed in Exhibit B.
d. If the CLIENT identifies an item in the invoice which appears to be in error, the CLIENT may
withhold the payment for that but shall pay the balance of the invoiced amount and provide
CIORBA with a statement concerning the questioned item. Alternatively, the CLIENT 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.
3. The CLIENT 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 CLIENT or CLIENT other consultants. CIORBA shall not be
responsible for the negligent acts or omissions of the CLIENT 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 CLIENT agrees that, should the CLIENT require Extra Work, the CLIENT will pay CIORBA for
such Extra Work. Extra Work is defined as any engineering services required beyond the Scope
of Services identified in the BASIC AGREEMENTS OF CIORBA. Extra Work shall not commence
Revised: 3/13/2023 Page 3 of 10 << CiorbaG rou p
until written authorization is received from the CLIENT. Extra Work will be paid on the basis of
"Actual Cost" being defined in paragraph 2. of the BASIC AGREEMENTS OF THE CLIENT. The
compensation for these changes could be limited to an amount mutually agreed to by the
CLIENT and CIORBA. Extra Work will be paid on the basis of the "Actual Cost" being defined in
paragraph 2. of the BASIC AGREEMENTS OF THE CLIENT.
5. Notwithstanding the foregoing, should CIORBA receive subpoenas or be subject to court orders
arising from the Work, CIORBA shall upon notice to the CLIENT be compensated for compliance
with said subpoenas or orders by CLIENT at CIORBA'S then prevailing hourly rates.
6. That, should the CLIENT require changes in any of the detailed reports, studies or estimates
after they have been approved by the CLIENT, the CLIENT will pay CIORBA for such changes on
the basis of the "Actual Cost" being defined in paragraph 2. of the BASIC AGREEMENTS OF THE
CLIENT and calculated at CIORBA's then prevailing hourly rates. The compensation for these
changes could be limited to an amount mutually agreed to by the CLIENT and CIORBA.
Revised: 3 / 13 / 2023 Page 4 of 10 <<; CiorbaG rou p
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 CLIENT and CIORBA.
2. The CLIENT and CIORBA each bind themselves and their partners, successors, executors,
administrators and assign 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 CLIENT 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 CLIENT 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 CLIENT 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
CLIENT. 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. Further, CLIENT agrees it shall not assign or transfer this
Agreement except upon the written consent of CIORBA. Any such consent by CIORBA shall not
be construed to relieve CLIENT of the obligations hereunder.
5. CIORBA assumes no responsibility for the detection or removal of any hazardous substances or
archeological finds found at the job site.
6. Any difference between CIORBA and the CLIENT 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 CLIENT and a third member
appointed by the two other members.
7. LIMITATIONS - Causes of action between the parties to this Agreement pertaining to acts or
failures to act shall be deemed to have accrued and the applicable statutes of limitations shall
commence to run not later than either the date of substantial completion of construction for
acts or failures to act occurring prior to substantial completion or the date of issuance of the
final Certificate of Payment for acts or failures to act occurring after substantial completion.
8. This AGREEMENT may be terminated by the CLIENT upon giving notice in writing to CIORBA at
the address indicated in this agreement. Upon such termination, and upon payment in full to
CIORBA, CIORBA shall cause to be delivered to the CLIENT 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 CLIENT subject to CIORBA retaining all intellectual property rights including common
law, statutory, copyright, and other reserved rights in the instruments of service.
Revised: 3 / 13 / 2023 Page 5 of 10 <<.> CiorbaGroup
9. The CLIENT 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 CLIENT shall reimburse CIORBA for their
actual costs, incurred up to the time they are notified in writing of such abandonment or
termination, Actual Cost being defined in paragraph 2. Under "BASIC AGREEMENTS OF THE
CLIENT".
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
CLIENT 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 CLIENT 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 CLIENT agrees not to transfer the drawings, reports, documentation,
and other technical submissions (in any form including electronic media) to others without the
prior written consent of CIORBA. The CLIENT 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 CLIENT 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 CLIENT 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 CLIENT'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.
12. The CLIENT 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.
13. 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.
Revised: 3/ 13/2023 Page 6 of 10 <<7 CiorbaG rou p
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 IL, acting by and through its Board of
Trustees
By: la 5` Attest:
Vil ge Manager
Name: Name:
Title: `r r Title:
Vt
Date: 4 17.014 Date:
Ciorba Group, Inc.
By: Attest:
Name: Name:
Title: Title:
Date: Date:
Revised: 3 / 13 /2023 Page 7 of 10 CiorbaG rou p
EXHIBIT A —SCOPE OF SERVICES
Revised: 3 / 13 /2023 Page 8 of 10 <<.7 CiorbaG rou p
CiorbaGroup
CONSULTING ENGINEER.
UNDERSTANDING OF THE PROJECT
The Village is requesting a preliminary design report (PDR) to investigate design options for the
removal and replacement of the existing generator and motor control center (MCC) at the
Deerfield Road Pump Station located at 1199 Deerfield Road.
The existing sanitary pump station pumps dry weather flow to the Waste Pumping Station
through a 12" forcemain, and discharges treated wet weather flow to the North Branch of the
Chicago River.
Approximately five years ago the diesel fuel underground storage tank (UST) for the existing
generator was removed and replaced with a new above grade storage tank. The new diesel tank
was mounted to steel beams located on top of the concrete retention tank.
The existing generator and MCC are original to the station. Recently it has become more
difficult to find replacement parts for generator for repairs. Both the generator and MCC are
installed within the building, in the electrical room located in the southeast corner of the
building.
During an interview with the Village on March 1, 2024, Ciorba presented various design
considerations for the Village's consideration, summarized below for reference:
• Available Space for Equipment
• Phasing Construction
• Access to the Building and Electrical Room
The Village has requested that the options discussed in the presentation, along with feasibility
for both natural gas and diesel generator options, be explored prior to selecting the final design
options.
8725 W. Higgins Road, Suite 600 P 773,775.4009
Lk Chicago, 1160631 ciorba corn Page 1
<<7 Deerfield Road Pump Station
Generator and MCC Replacement
Deerfield, IL
SCOPE OF SERVICES
The following are tasks prepared for the work that Ciorba Group will provide as part of the
project.
ASSUMPTIONS
Below is a list of assumptions used in to prepare the scope of services and fee:
• Topographic survey is not required. Existing design/record drawings will be used for
exhibit preparation of the PDR.
• Ciorba's structural department will provide a cursory review of existing building
elements and chlorine contact tank which may have to be modified during design.
Detailed analysis and inspections will be performed during design.
Task 1 - Meetings, Data Collection Et Coordination
Ciorba will schedule a kickoff meeting with the Village to discuss project scope, preferred
equipment and design options to be included in the report. Ciorba will collect the following
information at the meeting for review and use to prepare conceptual design:
• Existing pump run times for dry and wet weather flows
• Above grade UST design documents and structural calculations
• Preferred equipment
The following coordination meetings are anticipated:
• One (1) kick off meeting
• Two (2) meetings with Village Staff to review PDR preliminary and final submittals
Included in this task is one site visit to obtain specific measurements and information necessary
for PDR preparation. Also, reviewing pump station data and operation to assist with preparing
proposed equipment layout exhibits.
Task L - Preliminary Design Report
Prelim' y Submitt?
Ciorba will review all information collected under Task 1 to prepare a PDR for the Village's
review. The report will analyze three design considerations:
• Available Space for Equipment
• Phasing Construction
• Access to the Building and Electrical Room
The submittal will include the following:
• Existing electrical data collection information
• Preliminary structural findings
Page 2
<6
Deerfield Road Pump Station
Generator and MCC Replacement
Deerfield, IL
• Floodway review
• Electrical load calculations
• Generator sizing calculations
• Catalog cuts for proposed generator and MCC/electrical panelboards
• Equipment Layout Exhibits for proposed design considerations
• Advantages and disadvantages of each design considerations
• Preliminary Engineer's Opinion of Probable Costs
Final Submittal
Ciorba will respond to Village comments of the preliminary PDR submittal, revise and finalize.
Task 3- QC/QA
Ciorba will perform internal quality control/quality assurance prior to each submittal in
accordance with the company's QC/QA procedures.
Task 4 - Project Management Et Administration
Work included in this task is for project oversight, project progress reports, and updating the
schedule.
Page 3
EXHIBIT B—ENGINEERING FEE
Revised: 3/13/2023 Page 9 of 10 <� CiorbaG rou p
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TOTAL
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14
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36
81
1. Meetings, Data Collection @ Coordination
Task Total:
30
27
2
1
0110 Meetings and Coordination
Meetings
14
14
Kick Off Meeting (Teams Meeting)
1
1
PDR Review Meetings
4
4
Meeting Agendas
3
3
Meeting Minutes
6
6
0120 Data Collection
Meetings
16
13
_.
1
Site Visit to Review Station Equipment
6
4
2
Review Station SCADA Data and Compile into Spreadsheet
4
4
Review Station Operation
6
5
1
2. Preliminary Design Report
Task Total:
199
23
11
6
12
29
36
81
0210 Preliminary Submittal
Subtotal:
183
1
19
10
6
12
23
32
80
Pump Station Existing Plan(s) Review
12
4
2
2
4
Electrical Calculations
18
1
1
16
Generator Calculations
6
1
1
4
Review of Floodway
9
1
2
6
Review of Design Considerations
47
4
4
6
9
6
18
Equipment Selection
13
1
4
8
Site Layout Exhibits
32
2
2
8
10
10
Preliminary Cost Estimates
8
4
4
Report Preparation
38
6
2
2
8
20
0220 Final Submittal
Subtotal:
16
4
1
6
4
1
Disposition of Comments
2
2
Revise Report
14
2
1
6
4
1
3. QC/QA Review
Task Total:
8
2
2
2
2
0310 QC/QA Review
Subtotal:
8
2
2
2
2
QC/QA Review (Structural)
2
2
QC/QA Review (Electrical)
4
2
2
QC/QA Review (General)
2
2
4. Project Management Et Administration
Task Total:
8
8
0410 Project Management 8 Administration
Subtotal:
1
8
8
Project Management a Administration
8
8
M:\Markets and Clients\IL\Municipalities\Deerfield\Proposals\P021826.00_DeerfieldRdPumpingStation\Confidential\CECS_Deerfield Pump Station.xlsm
DIRECT COSTS SUMMARY
Meetings and Data Collection
Description Unit Unit Cost Quantity Extended Cost
Vehicle (mileage) mile $ 0.655 128 $ 83.84
83.84 Total