2020-11-02 - Ordinance 2020-085 - AUTHORIZING EXECUTION OF AN AGREEMENT FOR INSPECTION SERVICES ORDINANCE NO.2020-85
AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT FOR INSPECTION SERVICES,
WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970;
and
WHEREAS, the Village sought out companies qualified to provide the requested services and
materials; and
WHEREAS,the Village engaged in a procurement process to obtain the best value for money.
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 execute an agreement with B&F Construction Code
Services INC., pending review and approval by the Village Attorney at a price not to exceed $250,000.00
per year.
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
not be codified.
AYES: 6—Stein Ottenheimer, Weidenfeld Johnson Smith Pike
NAYES: 0—None
ABSENT: 0—None
PASSED: November 2, 2020
APPROVED: November 2, 2020
APPROVED:
6A&W01 2A44*W
Beverly Sussma ,Village President
ATTEST:
sit- n-
Janet Sirabian,Village Clerk
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VILLAGE OF BUFFALO GROVE
PROFESSIONAL SERVICES AGREEMENT
INSPECTION SERVICES
THIS AGREEMENT is dated as of the3rd day of November.2020('Agreement')and is by and between the
VILLAGE OF BUFFALO GROVE,an Illinois home rule municipal corporation("Village')and the Consultant
identified in Subsection 1A below.
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.CONSULTANT,
A. Engagement of Consultant.The Village desires to engage the Consultant Identified below to provide all
necessary professional Inspection services and to perform the work in connection with the project identified below:
B&F Construction Code Services, INC.
2420 Vantage Drive
Elgin,IL 60124
Attn:Seth Sommer
Email:ssommer@bfccs.org Address
B. Project Description.The Consultant shall provide Inspection Services for the Village of Buffalo Grove as
detailed in the attached Scope of Service Exhibit A.
C. Representations of Consultant.The Consultant has submitted to the Village a description of the services to
be provided by the Consultant, a copy of which is attached as Exhibit A to this Agreement ("Services"). The
Consultant 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.
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SECTION 2.SCOPE OF SERVICES.
A. ,Retention of the Consultant.The Village retains the Consultant to perform,and the Consultant agrees to perform,
the Services.
B. Services.The Consultant shall provide the Services pursuant to the terms and conditions of thisAgreement.
C. Commencement.Time of Performance.The Consultant 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 Consultant shall diligently and continuously prosecute the Services until the completion of the Work.
D. Reporting.The Consultant shall regularly report to the Village Manager("Manager"),orhis/her designee,
regarding the progress of the Services during the term of this Agreement.
SECTION 3. COMPENSATION AND METHOD OFPAYMENT,
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 Consultant shallsubmit 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 Consultant.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 Consultant the amount billed pursuant to the
Illinois Local Government Prompt Payment Act(50 ILCS 505/1 etseq.)
C. Records.The Consultant 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 Consultant for work
done under the Agreement.The records shall be made available to the Village at 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 Consultant wishes to make a claim for additional compensation as
a result of action taken by the Village,the Consultant 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 accordance with 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 Consultant,the
Consultant shall proceed with all of the Services required to complete the project under this Agreement as
determined by the Village withoutinterruption.
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SECTION I COMPENSATION AND METHOD OF PAYMENT(com
E. Taxes,Benefits and Royalties.The Agreement Amount includes all applicable federal,state,andlocal 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 Consultant.
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.
SECTION 4. PERSONNEL.SUBCONTRACTORS,
A. Key Project Personnel.The Key Project Personnel identified in Exhibit A shall be primarilyresponsible for
carrying out the Services on behalf of the Consultant.The Key Project Personnel shall notbe changed without
the Village's prior written approval,which shall not be unreasonably withheld.
B. Availability of Personnel.The Consultant shall provide all personnel necessary to complete the Services including,
without limitation,any Key Project Personnel identified in this Agreement.The Consultant 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 Consultant 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.
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SECTION 4.PERSONNEL. SUBCONTRACTORS[cont.j
C. Approval and Use of Subcontractors.The Consultant 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 Consultant shallbe acceptable to,and
approved in advance by,the Village Manager.The Village Manager's approval of any subcontractoror
subcontract shall not relieve the Consultant of full responsibility and liability for the provision,performance,and
completion of the Services as required by the Agreement. All Servicesperformed under any subcontract shall be
subject to all of the provisions of this Agreement in the same manner as if performed by employees of the
Consultant.For purposes of this Agreement,the term"Consultant"shall be deemed also to refer to all
subcontractors of the Consultant,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 Consultant shall immediately upon notice from the Village Manager
remove and replace such personnel or subcontractor.The Consultant shall have no claimfor 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 Consultant 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.CONFIDENTIALINFORMATION.
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 include information that can be demonstrated: (i)to have been rightfully in the
possession of the Consultant from asource other than the Village prior to the time of disclosure of said
information to the Consultant 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 the
part of the Consultant or the Village;or(iv)to have been supplied to the Consultant after the Time of Disclosure
without restriction by a third party who is under no obligation to the Village to maintain such information in
confidence.
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SECTION S.CONFIDENTIALINFORMATION. (cont.)
B. No Disclosure of Confidential Information by the Consultant.The Consultant 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 Consultant shall hold confidential all Confidential Information and shall not
disclose or use such Confidential Information without express prior written consent of the Village Manager.The
Consultant shall use reasonable measures at least as strict as those the Consultant uses to protect its own
confidential information.Such measures shall include,without limitation,requiring employees and
subcontractors of the Consultant to execute a non-disclosure agreement before obtaining access to
Confidential Information.
SECTION 6.WARRANTY AND INSURANCE
A. Warranty of Services.The Consultant warrants that the Services shall be performed in accordance with the
highest standards of professional practice,care,and diligence practiced by recognized Consultants 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.Consultant 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 Consultant as the result of the execution of this Agreement.
D. Indemnity/Hold Harmless Provision To the fullest extent permitted by law,the Consultant hereby agrees to
defend,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 arising in whole or in part or in consequence of the
performance of this work by the Consultant,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,the Consultant
shall,at its own expense,appear,defend and pay all charges of attorneys and all costs and other expenses arising
therefore or incurred in connections therewith,and,if any judgment shall be rendered against the Village,its
officials,agents and employees in any such action,the Consultant shall,at its own expense,satisfy and discharge
the same.Consultant expressly understands and agrees that any performance bond or insurance policies required
by this contract,or otherwise provided by the Consultant,shall in no way limit the responsibility to indemnify,keep
and save harmless and defend the Village,its officials,agents and employees as herein provided.
E. Kotecki Waiver.In addition to the requirements set forth above,the Consultant(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.Consultant 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 Consultant's employees,except to the extent those claims arise as a result of the Village's
own negligence.
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SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS
A. Relationship of the Parties.The Consultant shall act as an independent contractor in providing and
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 joint ventures between the Village
and Consultant;or(ii)to create any relationship between the Village and any subcontractor of the
Consultant.
B. Conflict of Interest.The Consultant represents and shall at all times abide by professional ethical requirements
and other applicable law regarding conflicts of interest.
C. No Collusion.The Consultant represents and certifies that the Consultant is not barred from contracting with a
unit of state or local government as a result of(i)a delinquency in the payment of any tax administered by the
Illinois Department of Revenue unless the Consultant is contesting,in accordance with the procedures established
by the appropriate revenue act,its liability for the tax or the amount of the tax,as set forth in Section 11-42.1-1 et
seq.of the Illinois Municipal Code,65 ILCS 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 Consultant represents that the
only persons,Consultants,or corporations interested in this Agreement as principals are those disclosed to the
Village prior to the execution of this Agreement,and that this Agreement is made without collusion with any
otherperson,Consultant,or corporation.If at any time it shall be found that the Consultant has,in procuring this
Agreement,colluded with any other person,Consultant,or corporation,then the Consultant shall be liable to the
Village for all loss or damage that the Village may suffer,and this Agreement shall,at the Village's option,be null
and void.
D. Sexual Harassment Policy.The Consultant 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).
E. Termination.
1. Voluntary Termination.Notwithstanding any other provision hereof,the Village may terminate this
Agreement during the Initial Term or any Renewal Term,with or without cause,at any time upon thirty
(30)calendar days prior written notice to the Consultant.The Consultant may terminate this Contract,
with or without cause,at any time upon sixty(60)calendar days prior written notice to the Village.
2. Termination for Breach.Either party may terminate this Contract upon written notice to the other
party following material breach of a material provision of this Contract by the other party if the
breaching party does not cure such breach within fifteen(15) calendar days of receipt of written notice
of such breach from the non-breaching party.
F. 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.
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SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS(coat)
G. Compliance with Laws and Grants.Consultant shall give all notices,pay all fees,and take all other action that
may be necessary to ensure that the Services are provided,performed,and completed in accordance with all
required governmental permits,licenses,or other approvals and 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.Consultant shall also comply with all conditions of any federal,state,or local grant
received byOwner or Consultant with respect to this Agreement or the Services.
Consultant shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi-
governmental agency or body that may arise,or be alleged to have arisen,out of or in connection with Consultant's,
or its subcontractors', performance of,or failure to perform,the Services or anypart thereof.
Every provision of law required by law to be inserted into this Agreement shall be deemed tobe inserted herein.
H. Default.If the Consultant 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 Consultant'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 Consultant.The Village may require the Consultant,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 Consultant 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 this Agreement.
3. Withholding of Payment by Village.The Village may withhold from any payment,whether or not
previously approved,or may recover from the Consultant,any and all costs,including attorneys'fees
and administrative expenses,incurred by the Village as the result of anyEvent of Default by the
Consultant or as a result of actions taken by the Village in response to any Event of Default by the
Consultant.
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SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS(conQ
I. 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 Consultant or with any vendor solicited or recommended by the Consultant.
J. Village Manager Authority. Notwithstanding any provision of this Agreement,any negotiations or agreements
with,or representations by the Consultant 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 Consultant,
purportedly on behalf of the Village,without the knowledge of and express approval by the Village Manager.
K. Mutual Cooperation.The Village agrees to cooperate with the Consultant in the performance ofthe Services,
including meeting with the Consultant and providing the Consultant with such confidential and non-confidential
information that the Village may have that may be relevant and helpful to theConsultant's performance of the
Services.The Consultant agrees to cooperate with the Village in the performance of the Services to complete the
Work and with any other Consultants engaged by the Village.
L. News Releases.The Consultant 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 Consultant's right to
identify the Village as a client of the Consultant or from disclosing matters arising from the relationship between
the Village and the Consultant that are subject to disclosure under the Illinois Freedom of Information Act,(5
ILCS 140,et seq)
M. 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 Consultant 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 Consultant shall cause the Documents to be
promptly delivered to the Village,in original format or a suitable facsimile acceptable to the Village.
N. Favorable Terms
Consultant represents that all of the benefits and terms granted by Consultant herein are at least as favorable as
the benefits and terms granted by Consultant to Illinois Home Rule Municipalities.Should Consultant 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.
Consultant 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,Consultant shall amend this Agreement to contain the more favorable terms
and conditions.
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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 Consultant without the prior written
consent of the other party.
C. Binding 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 or address 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 Consultant in rendering the Services.
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:cstilline@vbe.org
Notices and communications to the Consultant shall be addressed to,and delivered at,thefollowing address:
B&FConstruction Code Services,INC.
2420 Vantage Drive
Elgin,IL 60124
Attn:Seth Sommer
Email:ssommer@bfccs.org
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SECTION 8.GENERAL PROVISIONS (cont.l
E. Third Party Beneficiary.No claim as a third party beneficiary under this Agreement by any person,Consultant,or
corporation other than the Consultant 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 provisions shall remain in full
force and effect and shall in noway be affected,impaired or invalidated.
G. Time.Time is of the essence in the performance of thisAgreement.
H. Governing 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 Consultant with respect to the Request forProposal.
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 to or 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 bylaw.
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.
N. 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 Tort Immunity Act,745 ILCS 10/1-101 et seq.,as
amended.
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SECTION 8.GENERAL PROVISIONS(oll
O.Freedom of Information.,The Consultant 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
Consultant. The Consultant 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 Consultant's actual or alleged violation of FOIA or the Consultant'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 Consultant request that the Village utilize a lawful exemption under FOIA in relation to
any FOIA request thereby denying that request,Consultant 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.
P. 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 BUFFALO GROVE
By: /440("'o,
Dane Bragg,Villa a Manager
Date: /,'to-7h,2e
B&F Con cti n de Services,INC.
By: Seth Sommer
Title: Director of Quality Control & Staff Development
Date:11/3/2020
11
We CONSTRUCTION CODE SERVICES, INC.
BUILDING & FIRE PROTECTION PLAN REVIEW
TRAINING • INSPECTIONS • CODE CONSULTING
*
1
F,
September 8, 2020
Brett Robinson
Purchasing Manager
Village of Buffalo Grove
Delivered via email: brobinson(cDvbg.org
Thank you for the opportunity to present a proposal to the Village of Buffalo Grove. With over 30
years of experience, we are pleased to provide a Plan Review and Inspections proposal.
If you have any questions please give Seth Sommer a call at 847-428-7010.
Sincerely,
Seth Sommer
Director of Quality Control & Staff Development
B&F CONSTRUCTION CODE SERVICES,INC.
2420 Vantage Road•Elgin,IL 60124
Telephone:(847)428-7010 • Fax:(847)428-3151
B & F Construction Code Services, Inc.
Buffalo Grove Plan Review and Inspections Proposal
Page 2 of 6
PROFESSIONAL SERVICE AGREEMENT
Plan Review, Inspection Services, and Code Enforcement
A Introduction
B & F Construction Code Services, Inc. is submitting a proposal to provide consulting services to
Buffalo Grove. These services consist of plan review and building inspections as well as other
services as need including; code enforcement & rental inspections, department administration,
building official duties, and permit clerk. Building inspections include building, electrical, plumbing,
energy, and mechanical.
B. Qualifications
B & F Construction Code Services, Inc. provides building and fire protection plan review, inspections
and training services for municipal building departments. All inspection and plan review personnel
are certified and/or licensed to provide the services as described.
We currently perform complete building department operations for the Villages of Winfield,
Burlington, Barrington Hills, Hampshire, and Lake Barrington.We have assisted with complete
building department operations in the Villages of Gilberts, Kingston and Hampshire.We currently
provide complete inspection and plan review services to West Chicago, Lincolnshire,Wheeling,
Mettawa, Highland Park, Des Plaines, Deer Park, Glendale Heights, River Forest and Forest Park.
B & F Construction Code Services, Inc. performs plan review services for numerous other
communities in Illinois and other states such as Michigan, New Jersey and Pennsylvania.
All B & F Construction Code Services, Inc. staff members are certified or licensed to perform plan
review and inspections.
C. Schedule
All inspections are performed with less than twenty-four (24) hours notice. All inspection requests
received by 4:00 PM will be performed the next business day. Schedule to be determined.
There is no limit to the number of plan reviews and inspections we can perform.
B & F Construction Code Services, Inc., has over forty (40) full-time inspection and plan review staff
with an administrative staff of over ten (10). These numbers do not include Human Resources,
upper level administrative staff or the staff members used in the Building and Fire Code Academy.
The Academy is a subsidiary of B & F Construction Code Services, Inc. and provides code training
that is offered to the industry.
D. Building Department Services
B & F Construction Code Services, INC. can perform building plan reviews, new construction
inspections, zoning review and inspection as well as code enforcement duties. This work includes,
but is not limited to,the following: Residential plan reviews, Commercial plan reviews, Building
inspections of new structures, Building inspections of structures undergoing remodeling or
renovation, Property maintenance and nuisance inspections, Accessory structure inspections such
as fences, sheds, etc.We can provide permit clerks as well as building officials.
B&F CONSTRUCTION CODE SERVICES,INC.
2420 Vantage Road•Elgin,IL 60124
B & F Construction Code Services, Inc.
Buffalo Grove Plan Review and Inspections Proposal
Page 3 of 6
E. Plan Reviews
Plan reviews will be conducted at your office. On an as needed basis, reviews can be conducted at
our office. Reviews can be sent electronically or hard copy format. Miscellaneous reviews (simple)
can be completed within three (3) business days. Other reviews will be performed within nine (9)
business days for first reviews and within five (5) business days for second reviews. On occasion,
plan review may be able to be conducted at the Village of Buffalo Grove office.
F. Other Services
Cross Connection Program: Annual Cross Connection Surveys and Cross Connection Device
testing can be provided.
Ordinance development: Assistance with the rewriting of existing ordinances or the development of
new ordinances can be provided. This can include building codes, zoning, fees, property
maintenance or any area where a building, zoning or planning department is involved. This can
include agreements for building inspections, property maintenance inspections, zoning and planning
and ordinances for building safety, zoning and fees. Building code updates will be priced based on
complexity. These ordinances can be performed at the rate of One Hundred Fifty Dollars ($150.00)
per hour.
G. Inspections Performed
B & F Construction Code Services, Inc. will provide a Certified Illinois Licensed Plumbing Inspector
to perform plumbing inspections within the jurisdictional limits of the Village of Buffalo Grove. This
shall include Undergrounds, Roughs, Finals, Water and Sewer Services, etc. Other inspectors shall
be certified/qualified in the disciplines they are inspecting.
The inspectors shall have proper inspection equipment to conduct inspections as required.
Equipment shall include a clipboard, flashlight, tape measure, thermometer and other equipment as
determined to provide a quality inspection. Inspectors shall also have appropriate Person Protection
Equipment (PPE). The inspector shall wear a B & F Construction Code Services, Inc. issued
uniform. Each inspector shall utilize B& F Inspection forms or forms acceptable to the village. The
inspector shall utilize a B & F Construction Code Services, Inc. company vehicle to conduct
inspections. Inspection reports shall be dropped off in person or emailed within one (1) business
day,typically same day inspections are performed.
Village of Buffalo Grove staff will be provided with dedicated mobile phone numbers in order to
reach inspectors during each business day. Emergency call-out procedures will be determined
upon awarded contract.
H. Zoning and Planning
A staff member
e ber experienced in zoning and planning can be provided to assist wit
h the zoning &
planning needs of the village. Fees quoted separately.
I. Transmittal Method
All plan reviews will be e-mailed to the municipal office. A copy of the plan review can also be
forwarded to a project contact from the permit.applicant,
B&F CONSTRUCTION CODE SERVICES,INC.
2420 Vantage Road•Elgin,IL 60124
B & F Construction Code Services, Inc.
Buffalo Grove Plan Review and Inspections Proposal
Page 4 of 6
J. Point of Contact
Seth Sommer, Director of Quality Control and Staff Development
Telephone: (847) 428-7010
E-Mail: ssommerCa?bfccs.orq
K. Additional Information
B & F Construction Code Services, INC. provides the most comprehensive services to the
construction industry. Our one fee approach coupled with quick turnaround time is what sets us
apart and gives you as a municipality the best value.
All first plan reviews are completed within nine (9) business days with re-reviews completed in five
(5) business days. The reviews automatically include accessibility review as well as the application
of any local code amendments.
When a municipality is using B & F Construction Code Services, INC. for their plan review or
inspection services, we offer a reduced rate for assistance with general code consulting and
ordinance preparation.
Our highly trained and experienced staff are certified or licensed in their respective disciplines.We
are professional grade and provide the highest level of customer service. Our staff wear identifiable
company uniforms that are worn neatly and drive white company vehicles outfitted with our
company logo and phone number.
All of the employees of B & F Construction Code Services, INC. are covered by worker's
compensation, general liability, automobile and professional liability insurance. This provides added
protection because the municipality can be named as an additional insured at no additional charge.
If a consultant does not have proper insurance, liability could extend to the municipality.
L Proposal Acceptance
1. All Building, Plumbing, Mechanical, Energy and Electrical Plan Review Services are performed in-
house. All inspections contracted for shall be performed by employees of B & F Construction Code
Services, Inc.
2. All B & F Construction Code Services, Inc. employees are covered by Workers Compensation
Insurance.
3. B & F Construction Code Services, Inc. carries general liability insurance. Buffalo Grove may
request to be named as additional insured.
B&F CONSTRUCTION CODE SERVICES,INC.
2420 Vantage Road❑Elgin, IL 60124
Telephone:(847)428-7010 0 Fax:(847)428-3151
B & F Construction Code Services, Inc.
Buffalo Grove Plan Review and Inspections Proposal
Page 5 of 6
4. B & F Construction Code Services, Inc. has in force professional liability insurance.
5. The Village of Buffalo Grove its officials, agents, employees, and volunteers are to be named as
additional insured.
6. A certificate of insurance with original endorsements for each policy shall be provided upon
acceptance of this proposal and annually when the policy is renewed.
B&F CONSTRUCTION CODE SERVICES,INC.
2420 Vantage Road❑Elgin,IL 60124
Telephone:(847)428-7010 0 Fax:(847)4293151
B & F Construction Code Services, Inc.
Buffalo Grove Plan Review and Inspections Proposal
Page 6 of 6
Exhibit B -Schedule of Prices
A. Plan Review Fees
Plan Reviews Performed at the Village $80.00 per hour
Reviews performed at our office Current Fee Schedule
B. Inspections Performed
Building Inspections $80.00 per hour
Estimated Budget for 2021 (2 inspectors, 3 days per week) $199,680.00
C. Other Staffing Solutions
Permit Clerk $55.00 per hour
Building Official $100.00 per hour
Rental/Property Maintenance Inspections $67.50 per hour
D. Travel Charges
If scheduled for an (8) eight hour day,there will be no travel charges. If scheduled less than an (8)
eight hour day, travel time will be charged one-way.
E. Per Unit Pricing
If per unit pricing is preferred, please let us know and we can provide a quotation. In our experience,
hourly pricing is the most efficient for the client.
After-hours/Emergency inspections will be 1.5 times the normal rate including travel both ways, 2-
hour min.
F. Inspection Fees—After Hours
After-hours/Emergency inspections will be 1.5 times the normal rate including travel both ways, 2-
hour min.
G. Property Maintenance Inspections
These types of inspections include Code Enforcement, Property Maintenance, Rental and Sale
Inspections, etc. The fee for property maintenance inspections is indicated above
B&F CONSTRUCTION CODE SERVICES,INC.
2420 Vantage Road•Elgin,IL 60124
Telephone:(847)428-7010 • Fax:(847)428-3151
VoBG-2020-35
Exhibit C.
Insurance
1. Consultant's Insurance
Consultant 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 Consultant, 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.
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.
B. Minimum Limits of Insurance:Consultant 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.
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 Consultant shall procure a
bond guaranteeing payment of losses and related investigation, claim administration and defense
expenses.
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VoBG-2020-35
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 Consultant; products
and completed operations of the Consultant;premises owned,leased or used by the Consultant;
or automobiles owned,leased, hired or borrowed by the Consultant.The coverage shall contain
no special limitations on the scope of protection afforded to the Village,its officials,agents,
employees and volunteers.
2) The Consultant'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
Consultant'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 Consultant's insurance shall contain a Severability of Interests/Cross Liability clause or
language stating that Consultant'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 Consultant 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 Consultant 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
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VoBG-2020-35
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 Consultant 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
Consultant 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
Consultant 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. Assumption of Liability
The Consultant assumes liability for all injury to or death of any person or persons including
employees of the Consultant,any subcontractor,any supplier or any other person and assumes liability for all
damage to property sustained by any person or persons occasioned by or in any way arising out of any work
performed pursuant to the Contract.
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VoBG-2020-35
J. 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 Consultant for the
municipality.
1) NCCI Alternate Employer Endorsement (WC 000301) in place to insure that workers' compensation
coverage applies under Consultant'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 Consultant's employee.
K. Failure to Comply
In the event the Consultant 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
Consultant.
L. 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 Consultant 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 orspecifications;
b. Providing direction,instruction,supervision,inspection,engineering services or failing to
provide them,if that is the primary cause of injury or damage.
17