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2019-11-04 - Ordinance 2019-056 - AUTHORIZING ENGINEERING AGREEMENT WITH CHRISTOPHER B BURKE ENGINEERING ORDINANCE 2019 - 056 AN ORDINANCE AUTHORIZING AN ENGINEERING AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING LTD. CBBEL WHEREAS,the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village seeks to enter into an Engineering Agreement with Christopher B. Burke Engineering LTD. (CBBEL) for Phase I Design Study of Bernard Drive from Arlington Heights Road to Buffalo Grove Road, NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE,COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. The Village Manager is authorized to enter into an Engineering Agreement with Christopher B. Burke Engineering LTD. (CBBEL) for Phase I Design Study of Bernard Drive from Arlington Heights Road to Buffalo Grove Road at a price not to exceed $304,845.50. SECTION 3. If any section,paragraph,clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and shall not be codified. AYES: 6—Stein, Ottenheimer,Weidenfeld Johnson Smith Pike NAPES: 0 - None ABSENT: 0 - None PASSED: November 4,2019 APPROVED: November 4 2019 APPROVED: 3JAJQ5��� Beverly Suss n, Village President ATTEST: Jane ���. Si.abian Village lage Clerk VoBG-2018-16 VILLAGE OF BUFFALO GROVE PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES THIS AGREEMENT is dated as of the 4T"day of November 2019("Agreement")and is by and between the VILLAGE OF BUFFALO GROVE,an Illinois home rule municipal corporation("Village")and the Firm identified in Subsection lAbelow. IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Agreement,and pursuant to the Village's statutory and home rule powers,the parties agree as follows: SECTION 1. FIRM. A. Engagement of Firm.The Village desires to engage the Firm Identified below to provide all necessary Professional Engineering Services and to perform the work in connection with the project identified below: ("Firm Name") Christopher B. Burke Engineering,Ltd. (CBBEL) Address 9575 W. Higgins Road,Suite 600, Rosemont, IL 60018 Attn: Michael Matkovic Phone (847)823-0500 Email: mmatkovic@cbbel.com B. Project Description.The Firm shall provide Engineering Services for the Village of Buffalo Grove as detailed in the attached Scope of Service Exhibit A. C. Representations of Firm.The Firm has submitted to the Village a description of the services to be provided by the Firm, a copy of which is attached as Exhibit A to this Agreement("Services"). The Firm represents that it is financially solvent, has the necessary financial resources, and is sufficiently experienced and competent to perform and complete the professional services set forth in Exhibit A. SECTION 2.SCOPE OF SERVICES. A. Retention of the Firm.The Village retains the Firm to perform,and the Firm agrees to perform,the Services. B. Services.The Firm shall provide the Services pursuant to the terms and conditions of thisAgreement. C. Commencement.Time of Performance.The Firm shall commence the Services immediatelyupon receipt of written notice from the Village that this Agreement has been fully executed by the Parties(the "Commencement Date").The Firm shall diligently and continuously prosecute the Services untilthe completion of the Work. D. Reporting.The Firm shall regularly report to the Village Manager("Manager"), or his/her designee, regarding the progress of the Services during the term of this Agreement. 1 VoBG-2018-16 SECTION 3.COMPENSATION AND METHOD OF PAYMENT. A. Agreement Amount.The total amount billed for the Services during the term of this Agreement shall not exceed the amount identified in the Schedule of Prices section in Exhibit B, unless amended pursuant to Subsection 8A of this Agreement. B. Invoices and Payment.The Firm shall submit invoices to the Village for all Services and subcontractor services monthly.The Invoices shall be in a Village approved and itemized format for those portions of the Services performedand completed by the Firm.The amount billed in any such invoice shall be based on the methodof payment set forth in Exhibit B.The Village shall pay to the Firm the amount billed pursuant to the Illinois Local Government Prompt Payment Act(50 ILCS 505/1 et seq.) C. Records.The Firm shall maintain records showing actual time devoted and costs incurred and shall permit the authorized representative of the Village to inspect and audit all data and records of the Firm for work done under the Agreement.The records shall be made available to the Villageat reasonable times during the Agreement period,and for three years after the termination of the Agreement. D. Claim in Addition to Agreement Amount.if the Firm wishes to make a claim for additional compensation as a result of action taken by the Village,the Firm shall provide written notice tothe Village of such claim within 7 calendar days after occurrence of such action as provided by Subsection 8.D.of this Agreement,and no claim for additional compensation shall be valid unless made in accordancewith this Subsection.Any changes in this Agreement Amount shall be valid only upon written amendment pursuant to Subsection 8.A.of this Agreement. Regardless of the decision of the Village relative to aclaim submitted by the Firm,the Firm shall proceed with all of the Services required to complete the project under this Agreement as determined by the Village without interruption. E. Taxes,Benefits and Royalties.The Agreement Amount includes all applicable federal,state,and local 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,orsimilar benefits and all costs,royalties and fees arising from the use on,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 anysuch tax,contribution, premium, costs, royalties,or fees is hereby waived and released by Firm. F. Escalation Written requests for price revisions after the first year period shall be submitted at least sixty(60)calendar days in advance of the annual agreement period or Term. Requests must be based upon and include documentation of the actual change in the cost of the components involved in the contract and shall not include overhead,or profit. In any case the price revisions for any Term shall not exceed the most recent 12-month Consumers Price Index(CPI-All Urban Consumers,Chicago)or 2%whichever is less. The Village reserves the right to reject a proposed price increase and terminate the Agreement. For any year beyond the initial year,this Agreement is contingent upon the appropriation of sufficient funds by the Village Board; no charges shall be assessed for failure of the Village to appropriate funds in future contract years. 2 VoBG-2018-16 SECTION 4.PERSONNEL.SUBCONTRACTORS. A. Key Project Personnel.The Key Project Personnel identified in Exhibit A shall be primarily responsible for carrying out the Services on behalf of the Firm.The Key Project Personnel shall not be changed without the Village's prior written approval,which shall not be unreasonably withheld. B. Availability of Personnel.The Firm shall provide all personnel necessary to complete the Services including, without limitation,any Key Project Personnel identified in this Agreement.The Firm shall notify the Village as soon as practicable prior to terminating the employment of, reassigning,or receiving notice of the resignation of,any Key Project Personnel.The Firm shall have no claim for damages and shall not bill the Village for additional time and materials charges as the result of any portion of the Services which must be duplicated or redone due to such termination or for any delay or extension of the Time of Performance as a result of any such termination, reassigning,orresignation. C. Approval and Use of Subcontractors.The Firm shall perform the Services with its own personnel and under the management,supervision,and control of its own organization unless otherwise approved by the Village Manager in writing.All subcontractors and subcontracts used by the Firm shall be acceptable to, and approved in advance by,the Village Manager.The Village Manager's approval of any subcontractoror subcontract shall not relieve the Firm of full responsibility and liability for the provision,performance,and completion of the Services as required by the Agreement.All Services performed under any subcontract shall be subject to all of the provisions of this Agreement in the same manneras if performed by employees of the Firm.For purposes of this Agreement,the term"Firm"shall be deemed also to refer to all subcontractors of the Firm,and every subcontract shall include a provision binding the subcontractor to all provisions of this Agreement. D. Removal of Personnel and Subcontractors.If any personnel or subcontractor fails to perform the Services in a manner satisfactory to the Village,the Firm shall immediately upon notice from the Village Manager remove and replace such personnel or subcontractor.The Firm shall have no claim for damages,for compensation in excess of the amount contained in this Agreement for a delay or extension of the Time of Performance as a result of any such removal or replacement.The Firm shall employ competent staff and shall discharge,at the request of the Village Manager, any incompetent,unfaithful,abusive or disorderly staff or subcontractor in its employ. SECTION 5.CONFIDENTIAL INFORMATION. A. Confidential Information.The term "Confidential Information"shall mean information in the possession or under the control of the Village relating to the technical,business or corporate affairs of the Village;Village property;user information,including,without limitation,any information pertaining to usage of the Village's computer system, including and without limitation,any information obtained from server logs or other records of electronic or machine readable form;and the existence of,and terms and conditions of,this Agreement.Village Confidential Information shall not includeinformation that can be demonstrated:(i)to have been rightfully in the possession of the Firm from asource other than the Village prior to the time of disclosure of said information to the Firm underthis Agreement("Time of Disclosure");(ii)to have been in the public domain prior to the Time of Disclosure;(iii)to have become part of the public domain after the Time of Disclosure by a publication or by any other means except an unauthorized act or omission or breach of this Agreement on thepart of the Firm or the Village;or(iv)to have been supplied to the Firm after the Timeof Disclosure without restriction by a third party who is under no obligation to the Village to maintain such information in confidence. 3 VoBG-2018-16 SECTION 5.CONFIDENTIAL INFORMATION. (contJ B. No Disclosure of Confidential Information by the Firm.The Firm acknowledges thatit shall,in performing the Services for the Village under this Agreement,have access to or be directly or indirectly exposed to Confidential Information.The Firm shall hold confidential all Confidential Information and shall not disclose or use such Confidential Information without express priorwritten consent of the Village Manager.The Firm shall use reasonable measures at least as strict as thosethe Firm uses to protect its own confidential information.Such measures shall include,without limitation, requiring employees and subcontractors of the Firm to execute a non-disclosure agreement before obtaining access to Confidential Information. SECTION 6.WARRANTY AND INSURANCE A. Warranty of Services.The Firm warrants that the Services shall be performed in accordance with the highest standards of professional practice,care,and diligence practiced by recognized firms in performing services of a similar nature in existence at the Time of Performance,thewarranty expressed shall be in addition to any other warranties expressed in this Agreement,or expressed or implied by law,which are hereby reserved unto the Village. B. Insurance. Firm shall maintain throughout the term of this Agreement insurance,evidencing at least the minimum insurance coverages and limits as set forth in Exhibit C tothis Agreement. C. No Personal Liability. No elected or appointed official,agent,or employee of the Village shall be personally liable,in law or in contract,to the Firm as the result of the execution of this Agreement. D. Indemnity/Hold Harmless Provision To the fullest extent permitted by law,the Firm hereby agrees to indemnify and hold harmless the Village,its officials,agents and employees against all injuries,deaths,loss, damages, claims,patent claims,suits, liabilities,judgments, cost and expenses,which may in anywise accrue against the Village, its officials,agents and employees to the extent arising out of the negligent performance of this work by the Firm,its employees, or subcontractors,or which may in anywise result therefore, except that arising out of the sole legal cause of the Village,its agents or employees.t Firm expressly understands and agrees that any performance bond or insurance policies required by this contract,or otherwise provided by the Firm,shall in no way limit the responsibility to indemnify, keep and save harmless the Village,its officials, agents and employees as herein provided. E. Kotecki Waiver.In addition to the requirements set forth above,the Firm (and any subcontractor into whose subcontract this clause is incorporated)agrees to assume the entire liability for all personal injury claims suffered by its own employees and waives any limitation of liability defense based upon the Worker's Compensation Act and cases decided there under.Firm agrees to indemnify and defend the Village from and against all such loss, expense,damage or injury,including reasonable attorneys'fees,which the Village may sustain as a result of personal injury claims by Firm's employees,except to the extent those claims arise as a result of the Village's own negligence. SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS A. Relationship of the Parties.The Firm shall act as an independent contractor in providingand performing the Services.Nothing in,nor done pursuant to,this Agreement shall be construed(i)to create the relationship of principal and agent,employer and employee, partners,orjointventures between the Village and Firm;or(ii)to create any relationship between the Village and any subcontractor of the Firm. SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS(cont.) 4 VoBG-2018-16 B. Relationship of the Parties.The Firm shall act as an independent contractor in providingand performing the Services. Nothing in, nor done pursuant to,this Agreement shall be construed(i)to create the relationship of principal and agent,employer and employee, partners,or jointventures between the Village and Firm;or(ii)to create any relationship between the Village and any subcontractor of the Firm. C. Conflict of Interest.The Firm represents and shall at all times abide by professional ethical requirements and other applicable law regarding conflicts of interest. D. No Collusion.The Firm represents and certifies that the Firm is not barred from contracting with a unit of state or local government as a result of(i)a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Firm 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 Section11-42.1- 1 et seq.of the Illinois Municipal Code,651LCS 5/11-42.1-1 et seq.;or(ii)a violation of either Section 33E-3 or Section 33E-4 of Article 33E ofthe Criminal Code of 1961,720 1LCS 5/33E-1 et seq.The Firm represents that the only persons,firms,or corporations interested in this Agreement as principals are those disclosed to the Village prior to execution of this Agreement,and that this Agreement is made without collusion with any otherperson,firm,or corporation. If at any time it shall be found that the Firm has,in procuringthis Agreement,colluded with any other person,firm,or corporation,then the Firm shall be liable to the Village for all loss or damage that the Village may suffer,and this Agreement shall,at theVillage's option, be null and void. E. Sexual Harassment Policy.The Firm certifies that it has a written sexual harassment policy in full compliance with Section 2-105(A)(4)of the Illinois Human Rights Act,775 ILCS 512-105(A)(4). F. Termination.Notwithstanding any other provision hereof,the Village Manager may terminate this Agreement,without cause,at any time upon 15 calendar days prior written notice to the Firm. In theevent that this Agreement is so terminated,the Firm shall be paid for Services actually performedand reimbursable expenses actually incurred,if any,prior to termination, not exceeding the value ofthe Services completed as determined as provided in Exhibit B. G. Term.The Time of Performance of this Agreement,unless terminated pursuant to the terms of this Agreement,shall be for 12 months.The Agreement may be renewed upon mutual agreement by both parties for additional 12-month periods.At the end of any term the Village of Buffalo Grove reserves the right to extend this agreement for a period of up to ninety(90)calendar days for the purpose of securing a new agreement. H. Compliance with laws and Grants. Firm 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 authorizations 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 Fair Labor Standards Act;any statutes regarding qualification to do business;any statutes prohibiting discrimination because of,or requiring affirmative action based on,race,creed,color, national origin,age,sex,or other prohibited classification, including,without limitation,the Americans with Disabilities Act of 1990,42 U.S.C.§§12101 et seq.,and the Illinois Human Rights Act,775 ILCS 5/1-101 etseq. Firm shall also comply with all conditions of any federal, state,or local grant received byOwner or Firm with respect to this Agreement or the Services. Firm 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 Firm's, or its subcontractors', performance of,or failure to perform,the Services or anypart thereof. SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS(cont.) 5 VoBG-2018-16 I. Default. If the Firm has failed or refused to prosecute,or has delayed in the prosecution of,the Services with 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 other requirement of this Agreement("Event of Default"),and fails to cure any such Event of Default within fourteen(14)calendar days after the Firm'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 pursue any one or more of the following remedies: 1. Cure by Firm.The Village may require the Firm,within a reasonable time,to complete or correct all or any part of the Services that are the subject of the Event of Default;and to take any or all other action necessary to bring the Firm and the Servicesinto compliance with this Agreement. 2. Termination of Agreement by Village.The Village may terminate this Agreement without liability for further payment of amounts due or to become due under thisAgreement. 3. Withholding of Payment by Village.The Village may withhold from any payment,whether or not previously approved,or may recover from the Firm,any and all costs,including attorneys'fees and administrative expenses,incurred by the Village as the result of anyEvent of Default by the Firm or as a result of actions taken by the Village in response toany Event of Default by the Firm. J. No Additional Obligation.The Parties acknowledge and agree that the Village is under no obligation under this Agreement or otherwise to negotiate or enter into any other or additional contractsor agreements with the Firm or with any vendor solicited or recommended by the Firm. K. Village Manager Authority. Notwithstanding any provision of this Agreement,any negotiations or agreements with,or representations by the Firm to vendors shall be subject to the approval of the Village Manager.The Village shall not be liable to any vendor or other third party for any agreements made by the Firm,purportedly on behalf of the Village,without the knowledge of and express approval by the Village Manager. L. Mutual Cooperation.The Village agrees to cooperate with the Firm in the performance of the Services, including meeting with the Firm and providing the Firm with such confidential and non-confidential information that the Village may have that may be relevant and helpful to the Firm's performance of the Services.The Firm agrees to cooperate with the Village in the performance of the Services to complete the Work and with any other Firms engaged by the Village. M. News Releases.The Firm shall not issue any news releases or other public statements regarding the Services without prior approval from the Village Manager. Nothing Herein shall limit the Firm's right to identify the Village as a client of the Firm or from disclosing matters arising from the relationship between the Village and the Firm that are subject to disclosure under the Illinois Freedom of Information Act,(5 ILCS 140,et seq) N. Ownership. Designs,drawings,plans,specifications, photos, reports, information,observations, records, opinions,communications,digital files,calculations, notes,and any other documents,data,or information,in any form,prepared,collected,or received by the Firm in connection with any or all of the Services to be performed underthis Agreement("Documents")shall be and remain the exclusive property of the Village.At the Village's request,or upon termination of this Agreement,the Firm shall cause the Documents to be promptly delivered to the Village,in original format or a suitable facsimile acceptable to the Village. SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS cont. 6 VoBG-2018-16 O. Favorable Terms Firm represents that all of the benefits and terms granted by Firm herein are at least as favorable as the benefits and terms granted by Firm to Illinois Home Rule Municipalities Should Firm enter into any subsequent agreement with any Illinois Home Rule Municipalities,during the term of this Agreement,which provides for benefits or terms more favorable than those contained in this Agreement,including all exhibits to this Agreement,then this Agreement shall be deemed to be modified to provide the Village with those more favorable benefits and terms. Firm shall notify the Village,in writing, promptly of the existence of such more favorable benefits and terms and the Village shall have the right to receive the more favorable benefits and terms immediately. If requested in writing by the Village, Firm shall amend this Agreement to contain the more favorable terms and conditions. SECTION 8.GENERAL PROVISIONS. A. Amendment. No amendment or modification to this Agreement shall be effective unless and until such amendment or modification is in writing, properly approved in accordance with applicable procedures, and executed. B. Assignment. This Agreement may not be assigned by the Village or by the Firm without the prior written consent of the other party. C. Bindinx Effect.The terms of this Agreement shall bind and inure to the benefit of the Parties hereto and their agents,successors,and assigns. D. Notice.Any notice or communication required or permitted to be given under this Agreement shall be in writing and shall be delivered (i)personally, (ii)by a reputable overnight courier, (iii)by certified mail and deposited in the U.S. Mail, postage prepaid,(iv)by facsimile,or(v) by electronic Internet mail("e-mail"). Facsimile notices shall be deemed valid only to the extent that they are(a)actually received by the individual to whom addressed and(b)followed by delivery of actual notice in the manner described in either(i),(ii),or (iii)above within three business days thereafter at the appropriate address setforth below. E-mail notices shall be deemed valid and received by the addressee thereof when delivered by e-mail and(a)opened by the recipient on a business day at the address set forth below, and(b)followed by delivery of actual notice in the manner described in either(i),(ii)or(iii)above withinthree business days thereafter at the appropriate address set forth below. 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 with an overnight courier as evidenced by a receipt of deposit;or(c)three business days following deposit in the U.S. mail. By notice complying with the requirements of this Subsection,each Party shall have the right to change the address or the addressee,or both,for all future notices and communications to such party,but no notice of a change of addressee oraddress shall be effective until actually received.The provisions of this Section 8 D shall not control with respect to the manner of communications utilized by the Firm in rendering the Services. SECTION 8.CONSULTANT AGREEMENT GENERAL PROVISIONS(cont.) 7 VoBG-2018-16 Notices and communications to the Village shall be addressed to,and delivered at,the following address: Village of Buffalo Grove("Village") 50 Raupp Blvd. Buffalo Grove, IL 60089 Attn:Dane Bragg Email:dbragg@vbg.org cc: Notices and communications to the Firm shall be addressed to, and delivered at,thefollowing address: ("Firm Name") Christopher B. Burke Engineering, Ltd.(CBBEL) Address 9575 W. Higgins Road,Suite 600, Rosemont, IL 60018 Attn: Michael Matkovic Phone (847)823-0500 Email: mmatkovic@cbbel.com E. Third Party Beneficiary.No claim as a third-party beneficiary under this Agreement by any person,firm,or corporation other than the Firm shall be made or be valid against the Village. F. Provisions Severable. If any term,covenant,condition,or provision of this Agreement is held by a court of competent jurisdiction to be invalid,void,or unenforceable,the remainder of the provisionsshall remain in full force and effect and shall in no way be affected,impaired or invalidated. G. Time.Time is of the essence in the performance of this Agreement. H. Governins Laws.This Agreement shall be interpreted according to the internal laws, but notthe conflict of laws rules,of the State of Illinois.Venue shall be in Cook County,Illinois I. Entire Agreement.This Agreement constitutes the entire agreement between the parties and supersedes any and all previous or contemporaneous oral or written agreements andnegotiations between the Village and the Firm with respect to the Request for Proposal. J. Waiver. No waiver of any provision of this Agreement shall be deemed to or constitute a waiver of any other provision of this Agreement(whether or not similar)nor shall any such waiver be deemed toor constitute a continuing waiver unless otherwise expressly provided in this Agreement. K. Exhibit. Exhibit,A and Exhibit B are attached hereto,and by this reference incorporated in and made a part of this Agreement. In the event of a conflict between the Exhibit and the text of this Agreement,the text of this Agreement shall control. L. Rights Cumulative. Unless expressly provided to the contrary in this Agreement,each and every one of the rights, remedies,and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies,and benefits allowed by law. M. Calendar Days and Time. Unless otherwise provided in this Contract,any reference in this Contract to"day"or "days"shall mean calendar days and not business days. If the date for giving of any notice required to be given, or the performance of any obligation,under this Contract falls on a Saturday,Sunday or federal holiday,then the notice or obligation may be given or performed on the next business day after that Saturday,Sunday or federal holiday. SECTION 8,CONSULTANT AGREEMENT GENERAL PROVISIONS Cont. 8 VoBG-2018-16 N. Calendar Days and Time. Unless otherwise provided in this Contract,any reference in this Contract to"day"or "days"shall mean calendar days and not business days. If the date for giving of any notice required to be given, or the performance of any obligation,under this Contract falls on a Saturday,Sunday or federal holiday,then the notice or obligation may be given or performed on the next business day after that Saturday,Sunday or federal holiday. 0. No Waiver of Tort Immunity. Nothing contained in this Agreement shall constitute a waiver by the Village of any right,privilege or defense available to the Village under statutory or common law, including, but not limited to,the Illinois Governmental and Governmental Employees Tortlmmunity Act, 745 ILCS 10/1-101 et seq.,as amended. P. Freedom of Information.The Firm agrees to furnish all documentation related to the Contract,the Work and any documentation related to the Village required under an Illinois Freedom of Information Act(ILCS 140/1 et.seq.)("FOIA")request within five(5)calendar days after the Village issues Notice of such request to the Firm. The Firm agrees to defend,indemnify and hold harmless the Village,and agrees to pay all reasonable costs connected therewith (including,but not limited to attorney's and witness fees,filing fees and any other expenses)for the Village to defend any and all causes,actions,causes of action,disputes, prosecutions,or conflicts arising from Firm's actual or alleged violation of FOIA or the Firm's failure to furnish all documentation related to a FOIA request within five(5)calendar days after Notice from the Village for the same. Furthermore,should the Firm request that the Village utilize a lawful exemption under FOIA in relation to any FOIA request thereby denying that request, Firm agrees to pay all costs connected therewith (such as attorneys'and witness fees,filing fees and any other expenses)to defend the denial of the request. This defense shall include,but not be limited to,any challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court of competent jurisdiction. Q. Counterpart Execution. This Agreement may be executed in several counterparts, each of which,when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument. ACKNOWLEDGEMENT. The undersigned hereby represent and acknowledge that they have read the foregoing Agreement,that they know its contents,and that in executing this Agreement they have received legal advice regarding the legal rights of the party on whose behalf they are executing this Agreement,and that they are executing this Agreement as a free and voluntary act and on behalf of the named parties. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates set forth below. VILLAGE OF B FFALO GROVE Christopher B.B.BBurke Engineering, Ltd. By: — By: Dane Bragg,Village Manager Michael E. Kerr, Executive Vice President Date: ////y�17 Date: 9 VoBG-2018-16 Exhibit A. ("Services") Attach RFQ Response documents 10 VoBG-2018-16 Exhibit B. Agreed Upon Pricing Structure Attach Schedule of Prices 11 VoBG-2018-16 Exhibit C. Insurance 1. Firm's Insurance Firm shall procure and maintain, for the duration of the Contract and any maintenance period, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Firm, his agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance:Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary,non- contributory additional insured coverage shall be confirmed through the following required policy endorsements:ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13.CG 20 37- Completed Operations. 1) Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as additional insured,on a form at least as broad as the ISO Additional Insured Endorsement CG 2010 and CG 2026 2) Insurance Service Office Business Auto Liability coverage form number CA 0001,Symbol 01"Any Auto." 3) Workers'Compensation as required by the Labor Code of the State of Illinois and Employers' Liability insurance. 4) Owners and Contractors Protective Liability(OCP) policy with the Village of Buffalo Grove as insured. 5) Builder Risk Property Coverage with Village as loss payee 6) Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of a claim for bodily injury, property damage or remediation costs from an incident at,on or migrating beyond the contracted work site. Coverage shall be extended to Non-Owned Disposal sites resulting from a pollution incident at,on or mitigating beyond the site;and also provide coverage for incidents occurring during transportation of pollutants. B. Minimum Limits of Insurance:Firm shall maintain limits no less than: 1) Commercial General Liability:$1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than$2,000,000 or a project/contract specific aggregate of$1,000,000. 2) Business Automobile Liability:$1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers'Compensation and Employers' Liability:Workers'Compensation coverage with statutory limits and Employers' Liability limits of$500,000 per accident. 4) Owners and Contractors Protective Liability(OCP): $1,000,000 combined single limit per occurrence for bodily injury and property damage. 12 VoBG-2018-16 5) Builder's Risk: Shall insure against"All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed replacement cost basis. 6) Environmental Impairment/Pollution Liability:$1,000,000 combined single limit per occurrence for bodily injury,property damage and remediation costs C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Village.At the option of the Village,either:the insurer shall reduce or eliminate such deductibles or self-insured retentions as it respects the Village, its officials, agents,employees and volunteers; or the Firm shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. D.Other Insurance Provisions The policies are to contain,or be endorsed to contain,the following provisions: 1) General Liability and Automobile Liability Coverages: The Village,its officials,agents,employees and volunteers are to be covered as insureds as respects:liability arising out of activities performed by or on behalf of the Firm;products and completed operations of the Firm;premises owned, leased or used by the Firm;or automobiles owned, leased, hired or borrowed by the Firm.The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officials,agents,employees and volunteers. 2) The Firm's insurance coverage shall be primary and non-contributory as respects the Village, its officials,agents,employees and volunteers.Any insurance or self-insurance maintained by the Village, its officials,agents,employees and volunteers shall be excess of Firm's insurance and shall not contribute with it. 3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village,its officials, agents, employees and volunteers. 4) The Firm's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Firm's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. 5) If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not"follow form,"then the Firm shall be required to name the Village, its officials, employees,agents and volunteers as additional insureds 6) All general liability coverages shall be provided on an occurrence policy form.Claims-made general liability policies will not be accepted. 7) The Firm and all subcontractors hereby agree to waive any limitation as to the amount of contribution recoverable against them by the Village. This specifically includes any limitation imposed by any state statute,regulation,or case law including any Workers'Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding 13 VoBG-2018-16 E. All Coverages: 1) No Waiver. Under no circumstances shall the Village be deemed to have waived any of the insurance requirements of this Contract by any act or omission,including, but not limited to: a. Allowing work by Firm or any subcontractor to start before receipt of Certificates of Insurance and Additional Insured Endorsements. b. Failure to examine,or to demand correction of any deficiency,of any Certificate of Insurance and Additional Insured Endorsement received. 2) Each insurance policy required shall have the Village expressly endorsed onto the policy as a Cancellation Notice Recipient.Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. F. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-,VII and licensed to do business in the State of Illinois. G. Verification of Coverage Firm shall furnish the Village with certificates of insurance naming the Village,its officials,agents, employees, and volunteers as additional insured's and with original endorsements, affecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.The certificates and endorsements are to be received and approved by the Village before any work commences. The Village reserves the right to request full certified copies of the insurance policies and endorsements. H. Subcontractors Firm shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor.All coverage's for subcontractors shall be subject to all of the requirements stated herein. I. Workers'Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove, its officials, employees, agents and volunteers for losses arising from work performed by Firm for the municipality. 1) NCCI Alternate Employer Endorsement(WC 000301) in place to insure that workers' compensation coverage applies under Firm's coverage rather than the Village of Buffalo Grove's, if the Village of Buffalo Grove is borrowing, leasing or in day to day control of Firm's employee. J. Failure to Comply 14 VoBG-2018-16 In the event the Firm fails to obtain or maintain any insurance coverage's required under this agreement,The Village may purchase such insurance coverage's and charge the expense thereof to the Firm. KL. Professional Liability 1) Professional liability insurance with limits not less than $1,000,00 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract,with a deductible not-to-exceed$50,000 without prior written approval. 2) If the policy is written on a claims-made form,the retroactive date must be equal to or preceding the effective date of the contract. In the event the policy is cancelled, non-renewed or switched to an occurrence form, the Firm shall be required to purchase supplemental extending reporting period coverage for a period of not less than three(3)years. 3) Provide a certified copy of actual policy for review. 4) Recommended Required Coverage(architect, engineer, surveyor, consultant): Professional liability insurance that provides indemnification and defense for injury or damage arising out of acts,errors, or omissions in providing the following professional services, but not limited to the following: a. Preparing, approving or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders,designs or specifications; b. Providing direction, instruction, supervision, inspection, engineering services or failing to provide them,if that is the primary cause of injury or damage. 15 il'1�11111"I'��dwhk l��i's BE D DI II E DIE NSTRU T I D ��w���u� 9y'r l�m����""�;n VILLAGE OF BUFFALO GROVE PHASE ASH DI ENGIINEERIING ,SCOPE OF SERV110ES PROJECT UNDERSTANDING CBBEL understands that the Village of Buffalo Grove (Village) desires to complete Phase I Engineering Services (Phase I Study)for the proposed reconstruction of Bernard Drive between Arlington Heights Road (AHR) and Buffalo Grove Road (BGR) in anticipation of pursuing federal funding opportunities. The need for reconstruction is based on the age of the existing pavement structure,the current poor condition necessitating more frequent repairs and rehabilitation, and replacement of the existing roadway drainage system based on age and deficiencies. Although Phase I Engineering will be locally funded,to be eligible for federal funding opportunities for construction, completion of Phase I Engineering must comply with federal project development requirements in coordination with the Illinois Department of Transportation - Bureau of Local Roads and Streets (IDOT-BLRS)for review and approval. Phase I Engineering will be completed via Part A and Part B components to be individually authorized by the Village based on funding availability. In general, Part A includes initial survey compilation,typical section alternatives analysis, initial environmental surveys, and assisting the Village with applications for federal funding grants, including the upcoming call for Surface Transportation Program (STP) projects thru the Northwest Municipal Conference. Part B includes all remaining work required to complete Phase I Engineering per IDOT-BLRS requirements. In addition, Part C is included in the proposal to provide a high-level review of existing conditions and potential drainage improvements in the neighborhood areas adjacent to Bernard Drive that may be desired or required to provide a new upgraded drainage system for Bernard Drive that is designed for a 10-year storm event. The result of the Part C work will include recommendations for next steps, which may include analysis of potential alternatives that will require additional field survey work and additional technical analysis that would be addressed as a contract amendment. The Village has identified a potential need for a separate sub area stormwater management study for areas north and south of Bernard Drive and east of Raupp Boulevard, building on previous studies and recent additional information. As part of the Part B Roadway Drainage analysis (Task 11), further coordination will occur between CBBEL and Village to review and develop recommendations for next steps. Depending on the recommendations, additional level of effort may be required for completion of a sub area stormwater management analysis, which would be considered additional work and would be addressed as part of a future contract amendment. Bernard Drive is classified as a Minor Collector and consists of one lane in each direction with parking allowed along both sides of the roadway except in certain areas where it is specifically restricted by signing. The average daily traffic volume is approximately 3,500 vehicles per day, although updated traffic counts will be obtained.The Phase I Study will also include an evaluation of the projected increase in travel demand along Bernard Drive by the year 2050, the current regional planning horizon, which will be required to comply with IDOT requirements for reconstruction projects. Given the developed nature of the area, it is not expected that the project year 2050 daily traffic volume will show JBPage 1 of 10 I ,: il'1�11111"I'��dwhk l��i's BE D DI II E DIE NSTRU T I D ��w���u� 9y'r l�m����""�;n VILLAGE OF BUFFALO GROVE PHASE ASH DI ENGIINEERIING ,SCOPE OF SERMICES much of an increase. AHR and BGR are both minor arterial roadways under Cook County Division of Transportation and Highways (CCDOTH)jurisdiction. The Phase I Study will include a complete evaluation of the existing operational conditions within the project limits,to identify any deficiencies with respect to travel performance and with respect to safety for not only vehicles but also non-motorized users. In particular, the Elliot Hartstein Trail crossing near White Pines Ditch will be evaluated with respect to crossing safety based on alignment, sight distance, pavement marking, advisory signing, etc. There are sidewalks along both sides of Bernard Drive throughout the study area with no designated bicycle accommodations. Part A will include an evaluation of proposed typical section alternatives to accommodate desired pedestrian and bicycle accommodations in accordance with the Village Bike Plan. Crash data will also be collected for the most recent five years and evaluated. Any over-represented crash types and locations will be identified along with appropriate countermeasures. In addition to identifying roadway improvements, identification of associated ancillary improvements and costs thereof, such as utility improvements, is an important part of the Phase I Study so the Village of Buffalo Grove can plan for and pursue appropriate levels of federal funding for subsequent engineering and construction. Another key element of the Phase I Study is to evaluate the need for additional right-of-way acquisition that may be required for the recommended roadway improvements (including drainage and utilities), and improvements to adjoining pedestrian and bicycle facilities. Although the objective is to avoid the need for right-of-way acquisition to the extent possible, any needed acquisition of right-of-way or easements will be identified as part of the Phase I Study. Based on an initial scoping discussion with the Village,the following unique scope of work requirements, exclusions and/or contingencies were identified: • As noted, Phase I Engineering will proceed via Parts A, B, and C based on funding availability, with Part A focused on identifying a preferred typical section for reconstruction, and Part B being all remaining work to complete Phase I Engineering. Part C will be a high-level drainage review that will provide recommendations for next steps. • Previous topographic survey for the Bernard Drive corridor was compiled from approximately 2010 to 2017. This survey was completed in NGVD'29 vertical datum whereas as the current State of Illinois standard is NAVD'88. In order to avoid the additional cost of a new topographic survey, CBBEL will convert the previous survey to NAVD'88 vertical datum to the extent practical and reestablish the previous control network(vertical and horizontal) and adjust as/if required in order to tie in supplemental pickup survey. Based on a cursory review, additional supplement pickup survey is anticipated to be required to address observed omissions or changes along Bernard Drive, and to complete the White Pine Ditch stream survey for hydraulic analysis. • The Bernard Drive reconstruction is not anticipated to include intersection improvements at AHR or BGR, and therefore it is assumed that Intersection Design Studies (IDS)will not be JIB�I ,,� -, — �, Page 2 of 10 il'1�11111"I'��dwhk l��i's BE D DI II E DIE NSTRU T I D ��w���u� 9y'r l�m����""�;n VILLAGE OF BUFFALO GROVE PHASE ASH DI ENGIINEERIING ,SCOPE OF SERV110ES required for either intersection. Although there are existing crosswalks at the AHR intersection, there are no crosswalks at the BGR intersection. It is assumed that east-west crosswalks at BGR intersection will not be required since there are no existing paths along the east side of BGR, and therefore an IDS or ADA Curb Ramp details per CCDOTH requirements will not be required. • The Phase I Engineering plans will identify locations where ADA Curb Ramp improvements will be required. Since Bernard Drive is a local collector roadway, IDOT will not require detailed design for ADA Curb Ramps along Bernard Avenue to be completed in Phase 1, and therefore the detailed ADA Curb Ramp designs will be completed as part of Phase 11 Engineering. • Currently, there is existing intersection beacon lighting along Bernard Drive with no continuous roadway lighting. New continuous roadway lighting is not proposed with the reconstruction project. • Since pavement reconstruction has been determined based on age and condition of the pavement and ancillary roadway drainage system, soil borings will not be completed as part of Phase I Engineering and will be a lead Phase 11 Engineering task. • Part A coordination will be limited to coordination between CBBEL, the Village, and the Northwest Municipal Conference (NWMC) and will not include formal public involvement. Part B will include one Public Information Meeting (PIM)to be held near the completion of Phase I Engineering based on IDOT requirements,with up to four individual property owner meetings as/if needed • Although all efforts will be made to avoid right-of-way acquisition (permanent and/or temporary)for the project, some acquisition is possible and therefore will require coordination of environmental surveys with IDOT for review and approval as part of Phase I Engineering. • Innovative intersection designs along Bernard Drive, such as a modern roundabout or mini- roundabout, are not anticipated to be considered. If the Village desires to consider this intersection treatment as a traffic calming measure or community gateway feature, candidate locations would be the all-way stop controlled intersections at Weidner Road and Raupp Boulevard. If the Village desires to pursue a roundabout alternative, IDOT will require preparation of an intersection design study at each location, and that work would be added to Part B at a later date. • If the Part C work results in a recommendation to complete additional field survey work and/or technical analysis of alternative drainage improvement scenarios within the neighborhoods adjacent to Bernard Drive, that work would be addressed as a contract amendment at a later date. Based on the above project understanding, the following scope of services are proposed to complete Phase I Engineering in accordance with federal project development procedures in coordination with IDOT-BLRS: PHASE I ENGINEERING — PARTA JIB�I ,,� _, — �, Page 3 of 10 il'1�11111"I'��dwhk l��i's BE D DI II E DIE NSTRU T I D rry'rw��u � �lira IIIIIDI DI,,,,,1IIIH DIDAD BCD DUIIAID GROVE DIDAD VILLAGE OF BUFFALO GROVE PHASE ASH DI ENGIINEERIING ,SCOPE OF SERVIICES Task 1—Data Collection: CBBEL will coordinate with the Village to retrieve all available and required data for completion of the Phase I Study.This data will include at least the following base information: • Utility atlases within the project corridor • Record roadway and drainage plans • Existing Right-of-Way information • Survey Benchmarks • All other information determined to be required for completion of Phase I Engineering Task 2—Part A Survey Compilation: Part A Survey Compilation will include office work only to compile previous survey completed by others to plot existing cross sections needed for Typical Section alternatives analysis. All other required work for datum correlation/conversion to NAVD '88, to reestablish survey control network (horizontal and vertical), supplemental pickup survey, stream survey, and plotting will occur in Part B. Task 3—Part A Environmental Survey and Coordination: The Part A Environmental Survey and Coordination will include preparing and submitting the required Environmental Survey Request (ESR) form to IDOT as soon as possible as a lead Phase I task, since processing thru IDOT Central Office and receipt of all environmental clearances required for Phase I Design Approval can take time. This includes a field review to determine if waters of the US or wetlands (WOUS/Wetlands) are present within the project corridor and to complete required field delineations. Some WOUS/wetlands are anticipated to be delineated near White Pines Ditch, with minimal (if any) presence elsewhere along the corridor. The results of this field review and delineations will be summarized in a technical memorandum. Part A will also include a cultural resource field review including preparation of the required photo logs of all buildings greater than 40-years old for submittal to IDOT with the ESR. Task 4—Typical Section Alternatives Analysis: This task includes an analysis of proposed typical roadway cross sections for the Bernard Drive corridor,with objective to identify the preferred alternative for development of the Phase I proposed improvement plans, profiles, and cross sections in Part B. Considering factors such as the federal Minor Collector design requirements per IDOT BLR Manual Figure 32-2G, and design variables such as locations of delineated on-street parking, overall ped/bike accommodations, on-street vs off-street bicycle accommodations, and a relative assessment of advantages/disadvantages and impacts, CBBEL will prepare up to 4 typical section alternatives for reconstruction of Bernard Drive. The typical section alternatives and comparative analysis will be submitted to the Village for review and determination of the preferred typical section. The relative assessment of advantages/disadvantages and impacts will consider factors such as tree impacts, right-of-way impacts, utility impacts, proximity to residences, connectivity to open space/parks, and order of magnitude cost factors (as/if applicable), etc. Upon selection of the preferred typical section alternative, CBBEL will prepare an 3D illustration (modified street level picture in Google Sketchup) of the final preferred typical section for distribution. JIB�I ,,� -, — �, Page 4 of 10 il'1�11111"I'��dwhk l��i's BE D DI II E DIE NSTRU T I D rry'rw��u � �lira IIIIIDI DI,,,,,1IIIH DIDAD BCD DUIIAID GROVE DIDAD VILLAGE OF BUFFALO GROVE PHASE ASH DI ENGIINEERIING ,SCOPE OF SERV110ES As noted, Part A coordination will be limited to coordination between CBBEL,the Village, and the Northwest Municipal Conference (NWMC) and will not include formal public involvement. Coordination with the Village is anticipated to include the initial brainstorming, a review of alternatives, and a potential Village Board presentation. Task 5—Grant Application Assistance: This task includes working with the Village to prepare an application to the NWMC for construction funding via the Surface Transportation Program (STP). This includes a coordination with NWMC regarding the application and preparation of the application itself. CBBEL will consider all opportunities to maximize the project scoring per the application guidelines. In support of the STP funding application, CBBEL will prepare a planning level construction cost estimate for the preferred typical section alternative. Task 6—Part A Management and Coordination: This task includes overall project management and coordination for the duration of Part A. Project management includes oversight of the project development process including work force allocations, budget, monthly progress reviews to ensure project milestones are being met. PHASE I ENGINEERING — PART B Task 7—Part B Survey Compilation: Part B Survey Compilation will include completing the vertical datum conversion from NGVD'29 to NAVD'88, and verification/reestablishment of the overall project control network (vertical and horizontal)to the standard Illinois East State Plane Coordinate System (NAD'83) and recompiling the survey in Microstation vs AutoCAD per IDOT standards. Some additional field work is anticipated to reestablish/confirm survey control (Horizontal and Vertical), and for completion of supplemental topographic survey (pickup drainage, utilities, trees, curb ramps, etc.)to fill voids from previously completed survey by others. A new stream survey for White Pine Ditch will be obtained for completion of a hydraulic analysis and report in Task 11 (Roadway Drainage)that will be submitted to IDOT for review and approval. A detailed right-of-way survey will not be completed as part of Phase I Engineering. Existing right-of-way will be retrieved from the previously completed survey and based on available information from the Village. In addition, based on a cursory review of the previously completed survey it is not anticipated that additional JULIE coordination will be required and/or that additional tree surveys will be required, other than several spot locations. This task also includes compiling the above information into one base map in Microstation format at 1'=20' scale. This includes preparation of all base mapping, contour files, and plotting as required for use in completing Phase I Engineering. JIB�I ,,� -, — �, Page 5 of 10 il'1�11111"I'��dwhk l��i's BE D DI II E DIE NSTRU T I D ��w���u� 9y'r l�m����""�;n VILLAGE OF BUFFALO GROVE PHASE ASH DI ENGIINEERIING ,SCOPE OF SERV110ES Task 8—Part B Environmental Analysis and Coordination: The Part A environmental analysis and coordination will include completion of a Preliminary Environmental Site Assessment (PESA) report based on IDOT-BLRS requirements, a project tree survey and assessment, and preparation of Wetland Impact Evaluation (WIE)forms. CBBEL will also coordinate the completed WOUS/Wetland delineations with the USACE for a jurisdictional determination. For purposes of this proposal, it is assumed that one Wetland Impact Evaluation (WIE)form will be required for WOUS/Wetlands identified near the White Pines Ditch crossing. Task 9—Traffic and Crash Analysis: This task includes completion of all required traffic analysis and crash analysis for completion of Phase I Engineering. CBBEL will obtain the latest 5-years of crash data from IDOT and the Village and complete a crash analysis for the Bernard Drive corridor for inclusion in the Project Development Report. The analysis will identify any overrepresented crash types, locations, ped/bike involvement, severity, and periods (day/night) and make recommendations for corrective measures as applicable. Based on the anticipated 12-month Phase I Engineering schedule, it is assumed that one update of the crash analysis will be required since IDOT requires the latest 5-years of data be evaluated. CBBEL will use an outside traffic count consultant to obtain the following full classification (including ped/bike)traffic counts: • AHR and BGR Intersections=4-hour counts (6-8 a.m.,4-6 p.m.) for completion of Synchro capacity analysis • Weidner and Raupp Intersections = 12-hour count (6 a.m. to 6 p.m.)to evaluate all-way stop warrants • 24-hour tube counts (two locations at east and west end of corridor) Based on the reconstruction scope of work, IDOT will require year 2050 traffic projections for Bernard Drive, which CBBEL will prepare and submit to the Chicago Metropolitan Agency for Planning (CMAP)for approval. Based on the developed nature of the corridor and adjacent areas, the 2050 traffic projections are anticipated to show only a minor increase in average daily traffic volumes along Bernard Drive. Since AHR and BGR are the project termini, IDOT will require completion of capacity analysis (Synchro) for each intersection for existing traffic and year 2050 traffic, for the a.m. and p.m. peak periods to demonstrate adequate level of service at both intersections. In addition, IDOT will require a review of all-way stop warrants being met at the Weidner Road and Raupp Boulevard intersections. Task 10—Proposed Improvement Plans: This task includes preparation of the Phase I Engineering proposed improvement plans for the Preferred Typical Section, including all applicable pedestrian and bicycle accommodations and associated proposed pavement marking. CBBEL will prepare preliminary JIB�I ,,� -, — �, Page 6 of 10 il'1�11111"I'��dwhk l��i's BE D DI II E DIE NSTRU T I D ��w���u� 9y'r l�m����""�;n VILLAGE OF BUFFALO GROVE PHASE ASH DI ENGIINEERIING ,SCOPE OF SERV110ES and final geometry including proposed horizontal and vertical geometry, templated existing/proposed cross sections and a right-of-way/easement assessment for the project. Based on the Minor Collector designation of Bernard Drive, the design policy in the IDOT BLR Manual, Figure 32-2G will be followed to the extent possible.Any exceptions to this policy will be justified and presented to IDOT for approval, as applicable. CBBEL will prepare preliminary plan and profile sheets showing existing and proposed horizontal and vertical geometry at a scale of 1" = 20'. The proposed geometry will be set to meet design criteria for federally funded projects and to avoid or minimize right-of-way and easement requirements.Typical sections for the proposed improvement will be developed concurrently. Potential alignment modifications near Cherrywood Road and White Pine Road will be evaluated to improve intersection alignment and to improve visibility with respect to the Elliot Hartstein Trail crossing along White Pine Ditch. Existing and proposed cross-sections will be templated at 100' intervals and at all side streets, driveways and other grade controlling features to determine right-of-way and easement requirements,wetland impacts (if present), ditch locations and drainage patterns, and to fine-tune the proposed vertical geometry. Existing conditions cross-sections will be developed utilizing the topographic survey performed by CBBEL. These cross-sections will show existing right-of-way, existing grade, proposed grade (top surface only) and proposed right-of-way and easements where necessary. During this task, it is expected that preliminary plan, profile, and cross sections will be initially reviewed by the Village for their comments and/or concurrence, and then submitted to IDOT for review. At the end of this task the project team will have completed preliminary geometry and identified the proposed project limits including the right-of-way acquisitions and easements necessary for the construction of the proposed improvement. As noted, the Phase I Engineering plans will identify locations where ADA Curb Ramp improvements will be required. Since Bernard Drive is a local collector roadway, IDOT will not require detailed design for ADA Curb Ramps along Bernard Avenue to be completed in Phase 1, and therefore the detailed ADA Curb Ramp designs will be completed as part of Phase 11 Engineering Also as noted, innovative intersection design along Bernard Drive, such as a modern roundabout or mini- roundabout, are not anticipated to be considered. If the Village desires to consider this intersection treatment as a traffic calming measure or community gateway feature, candidate locations would be Weidner Road and Raupp Boulevard. If a roundabout alternative is desired, IDOT will require preparation of an intersection design study that would be a contingency task that could be added to Part B by the Village at a later date. Task 11—Roadway Drainage: CBBEL will prepare a Local Drainage Study Technical Memorandum (LDTM) for the Village as part of Phase I Engineering, which includes an Existing Drainage Plan (EDP), a Proposed Drainage Plan (PDP), a Hydraulic Report (HR) for White Pine Ditch, and a summary of all applicable permitting requirements for JIB�I ,,� — — �, Page 7 of 10 il'1�11111"I'��dwhk l��i's BE D DI II E DIE NSTRU T I D ��w���u� 9y'r l�m����""�;n VILLAGE OF BUFFALO GROVE PHASE ASH DI ENGIINEERIING ,SCOPE OF SERV110ES the project. An outfall evaluation will be performed on all existing drainage outfalls to determine sensitivity and suitability for continued use. A key part of the PDP development will be to address any known drainage issues/concerns, and design for ease of maintenance and constructability. While opportunities are limited in the urban environment, the implementation of stormwater Best Management Practices will be considered a priority in the development of the proposed drainage design. Stormwater detention volume is not anticipated to be required by the MWRD Watershed Management Ordinance based on minimal added impervious area for reconstruction in-kind. However, at sensitive outlets, runoff reduction alternatives will be explored, including options for in-pipe storage. As noted, the Village has identified a potential need for a separate sub area stormwater management study for areas north and south of Bernard Drive and east of Raupp Boulevard, building on previous studies and recent additional information. As part of the EDP and PDP development, further coordination will occur between CBBEL and Village to review and develop recommendations for next steps. Depending on the recommendations, additional level of effort may be required for completion of a sub area stormwater management analysis, which would be considered additional work and would be addressed as part of a future contract amendment. Task 12—Project Development Report: It is anticipated that IDOT will concurred with environmental processing of this project as a State-Approved Categorical Exclusion (State CE, or CE I), which will be documented in the form of State CE Project Development Report (PDR, IDOT-BLR Form 22211).This task includes development of the PDR, and all supporting exhibits, for initial review by the Village and ultimate review by IDOT for Phase I Design Approval. CBBEL will evaluate maintenance of traffic during construction and summarize the recommendation in the Project Development Report. The recommendation will focus on an expedited construction timeframe and maintenance of access points during construction for properties that are potentially adversely affected by the construction activities. Any(if any) required or advisory detours will be identified and coordinated with the Village for review and concurrence as required. The recommended maintenance of traffic during construction will be described at the Public Information Meeting held near the completion of Phase I Engineering. Task 13—Public Involvement: This task includes preparing for and holding a Public Information Meeting (PIM)toward the end of the Phase I Study, as required by IDOT, to present the proposed improvement plans for public review and comment, including any required right-of-way or easements. CBBEL will develop the exhibits and handout materials which is anticipated to include a project brochure describing the purpose and need for the project, the project objectives and timeline, the results of traffic and crash analysis, aerial exhibits to illustrate the scope of the improvement and any right-of-way requirements, and any other information determine to be necessary. The aerial exhibits will consist of the proposed improvements shown on the color digital orthophoto drawings at a scale of 1" = 20'. The PIM will be held in an open house format, with no formal presentation or audio-visual presentation, but information and staff available to discuss the project and answer questions attendees may have. JIB�I ,,� — — �, Page 8 of 10 il'1�11111"I'��dwhk l��i's BE D DI II E DIE NSTRU T I D ��w���u� 9y'r l�m����""�;n VILLAGE OF BUFFALO GROVE PHASE ASH DI ENGIINEERIING ,SCOPE OF SERV110ES This task also includes individual property owner meetings as/if necessary, to resolve specific project issues. Meeting summaries will be prepared for all meetings for the project record and the Phase I PDR. For purposes of this proposal, it is assumed that four property owner meetings will be held. Task 14—Part B Management and Coordination: This task includes overall project management and coordination for completion of Phase I Engineering. Project management includes oversight of the project development process including work force allocations, budget, monthly progress reviews to ensure project milestones are being met. Progress coordination meetings are anticipated to be held with the Village, IDOT/FHWA, and the NWMC. PART C—SUBAREA DRAINAGE ASSESSMENT Phase I Engineering will include evaluating replacement of the existing roadway drainage system for Bernard Drive to provide a new drainage system designed for a 10-year storm event. The integrity of the proposed new drainage system along Bernard Drive is contingent upon adequately incorporating existing and/or future tributary flows from upstream areas and considering downstream outlet restrictions and/or future downstream improvements. In particular, the adjacent neighborhoods north and south of Bernard Drive, east of Raupp Boulevard, are known to be sensitive drainage areas that have been the subject of past evaluations. This area will be a focus area for Part C, but other areas adjacent to Bernard Drive will also be reviewed. The Part C work will include the following tasks. Task 15—Data Collection: CBBEL will compile additional information needed to complete the Part C evaluation, including current Cook County 1' contour mapping, additional storm sewer atlases from the Village for the neighborhood areas beyond the Bernard Drive corridor(if necessary), previous evaluations completed including as part of the planned Lake-Cook Road and Buffalo Grove Road improvements by Cook County, available documentation of flood events and any other available information that would inform the overall evaluation. Some field observations are anticipated to confirm the information compiled. Task 16—Subarea Evaluation: CBBEL will complete a review of the subarea drainage systems downstream of the existing Bernard Drive drainage outfalls with an objective to identify areas of concern for further analysis. One of these areas is along Navajo Trail which was previously reviewed with a recommendation to tie into the planned Cook County improvements to Lake-Cook Road and associated storm sewer improvements along Buffalo Grove Road just north of Bernard Drive. CBBEL will also complete a concept-level evaluation of other subareas and storm sewer systems and outfalls along Bernard Drive if additional problem areas are identified based on the desire to provide 10-year storm sewer capacity. JIB�I ,,� -, — �, Page 9 of 10 il'1�11111"I'��dwhk l��i's BE D DI II E DIE NSTRU T I D rry'rw��u � �lira IIIIIDI DI,,,,,1IIIH DIDAD BCD DUIIAID GROVE DIDAD VILLAGE OF BUFFALO GROVE PHASE ASH DI ENGIINEERIING ,SCOPE OF SERVIICES CBBEL will review available flood records/data and other available information to assess the level of flooding experience and therefore sensitivity of the drainage outlets from Bernard Drive. Based on this information, CBBEL will identify areas of concern and potential additional alternatives for further analysis that would work holistically with the anticipated Bernard Drive storm sewer improvements to provide an overall watershed benefit. Detailed hydrologic and hydraulic watershed modeling are not included as part of the Part C work. The result of the Part C work will include recommendations for next steps,which may include cost-benefit analysis of potential alternatives that will require additional field survey work and technical analysis that would be addressed as a contract amendment. This task also includes coordination with the Village of Buffalo Grove to discuss findings and alternatives to be advanced for further analysis. Task 17—Summary Technical Memorandum: CBBEL will prepare a Technical Memorandum summarizing the Part C evaluation including identification of offsite drainage deficiencies that will likely affect the proposed drainage system for Bernard Drive, and provide recommendations for further analysis including a potential cost-benefit analysis of alternatives for consideration by the Village. JIB�I ,,� — — �, Page 10 of 10 Bernard Drive Reconstruction Arlington Heights Road to Buffalo Grove Road uTV Iaial Phase I Engineering Work Hour Estimate Task Work Hours PART A 1. Data Collection Obtain and review base data from the Village of Buffalo Grove including utility atlases,record 26 roadway plans,existing right-of-way information,and any other information available that would assist the Phase I Engineering analysis. Task Subtotal: 26 2. Part A Survey Compilation 42 Office work only to compile previous survey completed by others to plot existing cross sections needed for Typical Section alternatives analysis.(all other required work for datum correlation/conversion to NAVD'88,to reestablish survey control network(horizontal and vertical),supplemental pickup survey,stream survey,and plotting will occur in Part 8). Task Subtotal: 42 3. Part A Environmental Survey and Coordination Environmental Field Review,including waters/wetlands screening and/or delineations as 32 applicable,and prepare Technical Memorandum. Field Review to prepare photo log of all buildings 40+years old for submitted to IDOT as part 28 of the Cultural Resource Review. Prepare and Submit Environmental Survey Request(ESR)form to IDOT 16 Task Subtotal: 76 4. Typical Section Alternatives Analysis Based on initial discussion and brainstorming with the Village of Buffalo Grove,CBBEL will 80 prepare up to 4 typical cross section alternatives for reconstruction of Bernard Drive that comply with federal Minor Collector design requirements and factor in design variables such as on-street parking,overall ped/bike accommodations,on-street vs off-street bicycle accommodations,etc. CBBEL will also prepare an assessment of relative advantages/disadvantages for the typical section alternatives based on extrapolating each alternative along the entire corridor. The potential modifed cross sections will be submitted to the Village of Buffalo Grove for review and determination of the preferred typical section. 4 Typical Cross Section Alternatives at 20 hours each. Prepare illustration(modified street level picture in Google Sketchup)of the final preferred 24 typical section for distribution. Coordination with Village,including initial brainstorming,review of alternatives,and 60 potential Village Board presentation.3 meetings at 20 hours each(prepare meeting materials,meeting attendance,prepare meeting summary) Task Subtotal: 164 5. Grant Application Assistance Assist the Village of Buffalo Grove with 2020 STP application thru NWMC. 32 8 Planning Level Construction Cost Estimate for the Preferred Typical Section Alternative. Task Subtotal: 40 6. Part A Management and Coordination Village of Buffalo Grove Kickoff Meeting *1 Mtg x 2 ppl x 4 hours(includes Mtg Prep,Attendance,and Summary) 8 Agency Coordination Meetings *IDOT Kickoff. 1 mtg x 3 ppl x 4 hours(includes Mtg Prep,Attendance,and Summary) 12 Bernard Drive Reconstruction Arlington Heights Road to Buffalo Grove Road ypaial Phase I Engineering Work Hour Estimate Task Work Hours *NWMC.1 mtg x 2 ppl x 3 hours(includes Mtg Prep,Attendance,and Summary) 6 Project Management and Monthly Progress Reports(3 months x 2 hours) 6 Task Subtotal: 32 Part A Work Hours: 380 PART B 7. Part B Survey Compilation Convert previous survey in NGVD'29 to NAVD'88 to comply with current standards,including 58 CA/QC spot checks 38 Field work to reestablish/confirm survey control(Horizontal and Vertical)as prepared via previously completed survey by others,and evaluate control adjustments as/if necessary. Supplemental topographic survey(pickup drainage,utilities,trees,curb ramps,etc.)to fill 38 voids from previously completed survey by others. Stream Survey-White Pine Ditch(Includes plotting of baseline and sections). 124 Prepare Base Mapping and Plotting 46 Task Subtotal: 304 8. Part B Environmental Analysis and Coordination Prepare Preliminary Environmental Site Assessment(PESA-Special Waste)for the corridor as 48 required by IDOT. Tree Survey(Type,Health,and Impact)for inclusion in Project Development Report 32 Prepare Wetland Impact Evaluation forms for identified WOUS/Wetlands. Assume 4(each 32 quadrant at White Pine Ditch)at 12 hrs each. Task Subtotal: 112 9. Traffic and Crash Analysis Obtain latest 5-years of crash data from IDOT and the Village of Buffalo Grove as available, 6 and coordinate with traffic count subconsultant to obtain traffic counts as follows: *Arlington Heights Road=4 hours(6-8 a.m.,4-6 p.m.)for capacity analysis *Weidner=12 hours(6 a.m.to 6 p.m.)to evaluate all-way stop warrants * Buffalo Grove Road=4 hours(6-8 a.m.,4-6 p.m.)for capacity analysis *24-hour tube counts(two locations at east and west end of corridor) Develop 2050 traffic projections and coordinate with CMAP for concurrence based on the 8 reconstruction scope of work. Prepare a summary of crashes along Bernard Drive based on the latest 5-years of crash data 42 available,for inclusion in the Phase I Project Development Report as requried by IDOT. The summary will identify crash types and locations by year,including ped/bike involvement, injury related,day/night,etc.,and recommend corrective measures(as applicable). This task includes preparation of all tables,exhibits,or diagrams for the summary. Based on overall 12 month schedule,one update is anticipated to be required since IDOT requires latest 5-years of data be represented. WNIIA`�i6ii� �r��f�f a!� I Bernard Drive Reconstruction Arlington Heights Road to Buffalo Grove Road uTV 00i Phase I Engineering Work Hour Estimate Task Work Hours A Synchro/Simtraffic analysis will be completed for the project termini intersections at 44 Arlington Heights Road and Buffalo Grove Road as required by IDOT for existing and year 2050 traffic projections,and for a.m.and p.m.peak periods. (2 int x 2 periods x 2 scenarios x 5 hours each.Includes model setup). A warrant analysis will be completed for the Weidner intersection to confirm all-way stop sign warrants are met per IDOT requirements. 1 analysis @ 4 hours Task Subtotal: 100 10. Proposed Improvement Plans Prepare preliminary plan and profile exhibits for Bernard Drive based on the Preferred Typical 126 Section and submit to the Village and IDOT for review. Prepare Final plan and profile studies based on Village and IDOT review comments. 62 86 Prepare existing/proposed cross sections at 100'intervals plus driveways,critical locations, cross streets(estimate 260 cross sections at 1/2 hour each on average due to urban section) Develop Phase I Engineer's Estimate of Probable Construction Cost 32 Task Subtotal: 306 11. Roadway Drainage General Location Drainage Map 4 Existing Drainage Plan 68 Identified Drainage Problems(Assume 2) 20 Design Criteria 4 Outlet Evaluation,Suitability and Sensitivity(Assume 5) 32 Storm Water Detention Analysis 4 Drainage Alternatives 40 Water Quality BMPs 4 Village and Agency Coordination(Drainage Plan) 16 Proposed Drainage Plan 106 Local Drainage Technical Memorandum(LDTM)Study Assembly 44 Hydraulic Analysis and Hydraulic Report-White Pine Ditch 166 Task Subtotal: 508 12. Project Development Report Compile Exhibits,Documents,and Materials for inclusion in PDR 32 Prepare Preliminary PDR(IDOT BLRS Form 22211-State CE w/Report)and submit for Village 68 and IDOT review in advance of the Public Information Meeting. Prepare Final PDR based on results of the Public Information Meeting and based on review 24 comments from the Village and IDOT,and submit for Phase I Design Approval. Task Subtotal: 124 13. Public Involvement Public Information Meeting Prepare PIM announcement for use by Village to place in newspaper and ad to Village website 4 Prepare newspaper display ad and announcement for Village website. 4 Attend Dry Run meeting with Village(3 ppl x 4 hrs) 12 Prepare exhibits and brochures for PIM. Main exhibits anticipated to be color aerials for table top display with 90 pertinent information labeled. Other exhibits/graphics/charts anticipated to be board mounted. bt - ".,I, I +. WNIIA`�i6ii� �r��f�f a!� I Bernard Drive Reconstruction Arlington Heights Road to Buffalo Grove Road uTV Iaial Phase I Engineering Work Hour Estimate Task Work Hours 8 Prepare draft response to comments received at the PIM.(Assume 4 responses x 2 hour average) Attend PIM. 5 ppl x 6 hours 30 Prepare PIM summary for inclusion in PDR. 32 hours. 32 Property Owner Meetings Assume 4 meetings x 2 ppl x 4 hours each(includes prep,attend mtg,mtg summary) 32 Task Subtotal: 212 14. Part B Management and Coordination Village of Buffalo Grove Coordination/Satus Meetings *Assume 3 Mtgs x 2 ppl x 4 hours(includes Mtg Prep,travel,Mtg attendance,and Summary) 24 Agency Coordination Meetings *IDOT/FHWA Meeting(scope,termini,processing). 1 mtg x 2 ppl x 4 hours(includes Mtg 8 Prep and Summary) 6 *IDOT Meeting-Design Exceptions. 1 mtg x 2 ppl x 3 hours(includes Mtg Prep,Attendance,and Summary) *NWMC(status).1 mtg x 2 ppl x 3 hours(includes Mtg Prep,Attendance,and Summary) 6 Overall Project Management(14 months x 4 hours) 56 Monthly Progress Reports(14 months x 2 hour each) 28 Task Subtotal: 128 Part B Work Hours: 1,794 PART C 15. Data Collection Compile additional information needed to complete the Part C evaluation,including current 12 Cook County 1'contour mapping,additional storm sewer atlases from the Village for the neighborhood areas adjacent to Bernard Drive(if necessary),previous evaluations completed including as part of the planned Lake-Cook Road improvements by Cook County,available documentation of flood events and any other available information that would inform the overall evaluation. Field observations to confirm the information compiled,as required. 8 Task Subtotal: 20 16. Subarea Evaluation Identify and delineate the subarea drainage systems adjacent to Bernard Drive. 12 Review available flood records/data and other available information to assess the level of 65 flooding experience and therefore sensitivity of the drainage outlets from Bernard Drive, including a review of previously recommended drainage improvements for the neighborhood areas adjacent to Bernard Drive Identify areas of concern and potential additional alternatives for further analysis. 12 Coordination meeting with the Village to discussion findings and recommendations.3ppl x 1 9 mtg x 3 hours(includings mtg prep,attendance,and summary) Task Subtotal: 98 17. Summary Technical Memorandum 12 Compile Exhibits,Documents,and Materials for inclusion in the Technical Memorandum Prepare the Technical Memorandum and submit to the Village for review. Address any 26 comments from the Village. 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THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pol)cy()es)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:CT Gail Pope Donne Insurance Group,Inc PHONE (708)429-3100 AX A! !C (708)429-31Q5 x No: 7777 W.159th Street ADDRESS: Gail.Pope(cDonnelnsurance.ocm Suite B INSURER(S)AFFORDING COVERAGE NAIC 9 Tinley Park IL 60477 INSURERA: The Phoenix ins Cc 25623 INSURED INSURER 8: The Travelers Ind Co 25668 Christopher B.Burke Engineering Ltd. INSURERC: 9576 W.Higgins Road INSURERD: Suite 600 INSURER E: Rosemont IL 60018 1 INSURERF• COVERAGES CERTIFICATE NUMBER: 2019-2020 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIM ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VTR TYPE OF INSURANCE INSD POLICYNUMBER MMJD MMM EXP LIMITS COMMERCIALGENERALLIABWTY EACH OCCURRENCE $ 1,000,000 DAMAGE To RENTE CLAIhAS MAC X BUR PREMISES Ea axurrence $ 1,000,000 Blanket Contractual Liability MEDEXP(Anyone $ 5,000 A Y Y 68031­1482979 10/15/2019 10/15/2020 PERSONALBADV INJURY $....1,000 000 GEN'LAGGREGATEUMITAPPLIESPER: GENkRALAGGREGATE $ 2,000,000 POLICY®JECT F LOC PRODUCTS-coMPlOPAGG $ 2,000,000 OTHER: j $ AUTOMOBILE LIABILITY M,BINED SINGLE UMIT $ 1,000,000 Ea aoddent ANYAUTO BODILY INJURY(Per person) $ OVWEDX SCHEDULED Y Y BA676OL521 10/1612019 10/15/2020 BODILY INJURY(Per eaddent) $ AUTOS ONLY AUTOS HIRED NON-OWNED P R ROPEY GE $ AUTOS ONLY X AUTOS ONLY Per accident I X UMBRELLA uAB X OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESsuAB CLAIMS-MADE Y Y CUP2C769665 10/15/2019 10/15/2020 AGGREGATE $ 10,000,000 DED I X RETENTION$ 10,000 $ WORKERS COMPENSATION X STATUTE ERH LIABILITY ANYYPROPRIEMRtPARTN ERtEXECunVE YQ E.L.EACHACCIDENT g 1,000,000 A OFFICERIMEMBEREXCLUDED7 N NtA Y U87J091851 10l15/2019 10l15/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It dewdbe under DEESSC�RIPTIONOF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000.000 DESCRIPTION OF OPERA71ONS t LOCATIONS J VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Poject number.190474-Buffalo Grove Bernard Drive Phase I Services Additional insured:Village of Buffalo Grove,its officials,agents,employees and volunteers. General liability policy includes blanket additional insured status,primary and non-contributory coverage and waiver of subrogation,in any written agreement requiring insurance. Workers compensation policy includes waiver of subrogation. Automobile liability policy includes blanket additional insured status and waiver of subrogation,in any written contract requiring insurance. 30 day notice of cancellation.Umbrella follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Village of Buffalo Grove ACCORDANCE WITH THE POLICY PROVISIONS. 50 Raupp Boulevard AUTHORIZED REPRESENTATIVE Buffalo Grove IL 60089 (/ 9a'('�_A �.. 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD TRAVELERS} W WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13(00)- POLICY NUMBER: UB-7J091851-18-47-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 05-23-19 ST ASSIGN: PAGE 1 OF COMMERCIAL GENERAL LIABILITY Christopher B.Burke Engineering,Ltd. Policy:6803H482979- THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 11—WHO IS h. This insurance does not apply to "bodily AN INSURED: injury".or "property damage caused by"your Any person or organization that you agree in a work" and included in the "products- 'Written contract requiring insurance"to include as completed operations hazard" unless the . an additional insured on this Coverage Part,but: "written contract . requiring- insurance" specifically requires you to provide such a. Only with respect to liability for"bodily injury', coverage for that additional insured, and then :. "property damage"or"personal injury;and the insurance provided to the additional b. If, and only to the extent that, the injury.or insured applies only to such "bodily injury"or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of'your work"to which the "written contract contract requiring insurance" requires you.to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period,whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a.'of additional insured: SECTION IV — COMMERCIAL GENERAL' c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization,or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance,.whether primary.excess,contingent or organization has assumed liability in a on any other basis, that is<available to the contract or agreement, additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e: This insurance does not apply on any basis to must apply on a primary basis or a primary and non-contributory basis. this insurance is primary any person or .organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss,and me will not Coverage Part. share with the other insurance,provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs;and (2) The "personal injury" for which coverage is g. In the event that the Limits of Insurance of the sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance'. excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance, CG D3 81 0915 02015 The Travelers Indemnity Company.All rights reserved Page 1 of 2 Includes the copyrighted material of insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury' and "property damage" or"personal injury" arising out of"your damage" and the "personal injury" is work" performed by " occurs you, or on your behalf, done caused offense committed: under a"written contract requiring insurance"with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect;and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage occurs,or the"personal injury" offense is committed. m= o o MOM o= d� n� o� Page 2 of 2 0 2015 The Travelers Indemnity Company.All rights reserved. CG D3 8109 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission 001786 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage.However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The fallowing listing is a general cover age.description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO 1. PHYSICAL DAMAGE TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS—INCREASED K. .AIRSAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE-INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1.,Who Is person or organization qualifies as an"insured" An Insured,of SECTION II—COVERED AUTOS under the Who 1s An Insured provision contained LIABILITY COVERAGE: in Section li. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50°Jo or more ownership interest and that is not Who Is An Insured, of SECTION II—COV- separately Insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An"employee"of yours is an"insured"while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name,with your permission,while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured,of SECTION 11—COVERED Other Insurance, of SECTION IV BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age,the following are deemed to be cov- that person or organization, that is signed and ered"autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you tease, hire, . "property damage" occurs and that is in effect rent or borrow;and during the policy period,to be named as an addi- (2) Any covered"auto"hired or tented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 0 2016 The Travelers Indemnity Company.AO rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or"suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions "auto"However, any auto that is leased,hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (I) You must arran9e to defend the "in- D. EMPLOYEES AS INSURED sured"against,and investigate or set tle The following is added to Paragraph A.1.,Who Is s any such claim or"suit"and keep u An Insured,of.SECTION 11—COVERED AUTOS us advised of all proceedings and ao tions. LIABILITY COVERAGE: An "ern to ee°of "insured" {ti} Neither you nor any other involved y p y yours is an insured while us- "insured" will make any settlement ing a covered"auto"you don't own,hire or borrow without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS—INCREASED fill)Wemay,at our discretion,participate LIMITS in defending the insured"against,or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION 11—COVERED-AUTOS LIABLE (iv)We will reimburse the "'insured" for ITY COVERAGE: sums that the insured" legally must ' (2}. Up:to. $3,000 forvcosti of badlybonds (in- pay as damages because of "bodily eluding bonds for related.traffic laW viola- injury"or"property damage"to which ` Lions) required because c&ad"accident" ` '" this insurance applies, that the "in- we coved We do not have to furnish _ sured" pays with our consent, but these bonds. ,- `` 'i l.: - `'` `'' `'only up to the limit described in Para- 2. The following replaces Paragraph'A.2.a.(4),` graph C., Limits Of Insurance, of of SECTION II—COVERED AUTOS LIABIL- SECTION 11 — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "Insured" at our request, including actual the reasonable expenses incurred loss of earnings:up to $500 a day be- with our consent for your'investiga- - cage of time off from work. tion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- Os the "insured" against any such ERAGE—INDEMNITY BASIS uit", but only up to and included within the limit described in Para- The following replaces Subparagraph(5)in Para- graph C., Limits Of Insurance, of graph B.T., Policy Period, Coverage Territory, SECTION II COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade 'sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the"insured"whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver fora period of 30 days or less (c) This insurance is not a substitute for re- and that is not an auto you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions,Puerto Rico and (if you are a limited liability company) or Canada. members of their households. i Page 2 of 4 0 2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. COMMERCIAL AUTO You agree to maintain all required or (2) in or on your covered"auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered"auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy,but we will only be liable to the K• AIRBAGS same extent we would have been liable The following is added to Paragraph B.3„ Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a.does not apply to'loss"to one or ted or authorized insurer outside the more airbags in a covered"auto"you own that.in- United States of America, its territories flateAue to a cause other than a cause of"loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.i.b. and A.1.c., but ada.We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that"auto"is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other_countries relating.to insurance. b. The airbags are not covered under any war- G. WAIVEROF DEDUCTIBLE—GLASS ranty;and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble,- of:SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of$1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE-LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized represents- The following replaces the last sentence of Para five prompt notice of the"accident"or"loss" ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the"accident"or"loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However,the most we will pay for any expenses (a) You(if you are an individual); for loss of use is$65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident'. (c) A member (if you are a limited liability corn- 1. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or graph AA.a., Transportation Expenses, of ganization);or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee"authorized by you to give no- AGE: tice of the"accident"or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV - BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- We will a u to $400 for"loss" to wearing a - tent required of you by a written contract M. pay P g P signed and executed prior to any "accident" pares and other personal property which is: or"loss",provided that the"accident"or"loss" t (1) Owned by an"insured";and arises out of operations contemplated by CA T3 53 02 15 02015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of insurance services Office,Inc.with its permission. COMMERCIAL AUTO such contract.The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of ceaiment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ®2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance services Office.Inc.with its permission. CERTIFICATE OF LIABILITY INSURANCE °'�`M"g°°"""` 11/6/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poilcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terns and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT NAME: ShaWna Zamora Assurance Agency,Ltd. PHONE FAX 20 North Martingale Road E-MAIL (44D 463-7120 Arc No): 847 440-9127 Suite 100 ADDRESS: szamora@assuranceagency.com Schaumburg IL60173 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Starr Surplus Lines Insurance Company INSURED CHRIBBU-01 INSURER B: Christopher B.Burke Engineering,LTD 9575 W.Higgins Road INSURERC: Suite 600 INSURER D: Rosemont IL 60018 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1705863367 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE A D R POLICY EFF POLICY EXP LIMITS LTR POLICYNUMBER MMlo MMM GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED— COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE DOCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENLL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBIN 0 I GL I Ea acadert ¢ ANY AUTO BODILY INJURY(Per person) $ ALL OS OWNED AUTOS AUT BODILY INJURY(Per accident) $ NON-OWNED PROPERdTTDAMAGE $ HIRED AUTOS AUTOS PR UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ QED RETENTION$ $ WORKERS COMPENSATION VaC STATU- OTH- AND EMPLOYERS'LIABILITY YIN " ANY PROPRIETORiPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? El N I A (Mandatory in NH) E.L DISEASE-EA EMPLOYEE $ N yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability SLSLPRO26220019 6/1/2019 6/112020 Each Occurrence $2,000,000 General Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Proof of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Village of Buffalo Grove 50 Raupp Boulevard AUTHORIZED REPRESENTATIVE Buffalo Grove IL 60089 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD