Loading...
2021-08-16 - Ordinance 2021-058 - AUTHORIZING AN ENGINEERING SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. (AECOM) VILLAGE OF BUFFALO GROVE PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES THIS AGREEMENT is dated as of the 16th day of August 2021("Agreement")and is by and between the VILLAGE OF BUFFALO GROVE,an Illinois home rule municipal corporation("Village")and the Firm identified in Subsection 1Abelow. 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: AECOM Technical Services, Inc. ("Firm") 303 East Wacker Drive,Suite 1400,Chicago, IL 60601 Attn:Chad Laucamp Phone:312-373-7700 Email:chad.laucamp@aecom.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 this Agreement. C. Commencement.Time of Performance.The Firm shall commence the Services immediately upon receipt of this Agreement fully executed by the Parties(the"Commencement Date").The Firm shall diligently and continuously prosecute the Services untilthe completion of the Work. Notwithstanding anything to the contrary herein, FIRM shall perform the Services in accordance with the degree of professional skill,quality and care ordinarily exercised by members of the same profession currently practicing in the same locality under comparable circumstances and as expeditiously as is consistent with professional skill and the orderly progress of the Project.The full extent of FIRM's responsibility with respect to the Services shall be to perform in accordance with the above standards and to remedy any material deficiencies or defects in the Deliverables at FIRM's own expense, provided that FIRM is notified by Client, in writing,of any such deficiency or defect within a reasonable period after discovery thereof, but in no event later than 90 days after FIRM's completion or termination of the Services. 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. 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 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 performed and completed by the Firm.The amount billed in any such invoice shall be based on the method of 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 ofthe Firm 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 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 B.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. 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 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 claimfor 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, or resignation. 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 include information that can be demonstrated: (i)to have been rightfully in the possession of the Firm from a source 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. SECTION 5. CONFIDENTIAL INFORMATION. (cont.) B. No Disclosure of Confidential Information by the Firm.The Firm acknowledges that it 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 prior written consent of the Village Manager.The Firm shall use reasonable measures at least as strict as those the 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 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 in accordance with Section 2.0 above. B. Insurance. Firm shall maintain throughout the term of this Agreement insurance,evidencing at least the 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 ofthis 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,authorized agents and employees against all injuries, deaths, loss, damages,claims, patent claims,suits, liabilities, and judgments„which may in anywise accrue against the Village, its officials,authorized agents and employees to the extent arising in whole or in part from the negligent performance of this work by the Firm, its employees, or subcontractors,or which may in anywise result therefore, except to the extent arising out of the negligence,willful misconduct, or other legal cause of the Village, its authorized agents or employees or subcontractors,following final award by a court of competent jurisdiction, if any judgment shall be rendered against the Village, its officials,authorized agents and employees in any such action,the Firm shall,at its own expense,satisfy and discharge the same. 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, authorized agents and employees as herein provided. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL,SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 the Village from and against damage or injury,,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, or jointventures between the Village and Firm;or(ii) to create any relationship between the Village and any subcontractor of the Firm. B. Conflict of Interest.The Firm represents and shall at all times abide by professional ethical requirements and other applicable law regarding conflicts of interest. C. 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 Sectionll-42.1-1 et seq. of the Illinois Municipal Code,65ILCS 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 the execution of this Agreement,and that this Agreement is made without collusion with any other person,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. D. 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 ILC5512-105(A)(4). E. Termination. Notwithstanding any other provision hereof,the Village Manager may terminate thisAgreement, 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 performed and reimbursable expenses actually incurred, if any, prior to termination, not exceeding the value ofthe Services completed as determined as provided in Exhibit B. Firm may suspend performance of Services or terminate the Agreement in part or in whole, if, after notice and 30 days to cure,Village fails to pay any late or past due payments to Firm. F. Term.The Time of Performance of this Agreement,unless terminated pursuant to the terms of this Agreement,shall be for 24 months.The Agreement may be renewed upon mutual agreement by both parties for additional 12 month periods.At the end of any term the Firm and the Village of Buffalo Grove reserve the right to extend this agreement by agreement for a period of up to ninety(90)calendar days for the purpose of securing a new agreement. G. 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 et seq. 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. SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS(cont.J 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 any part thereof. Every provision of law required by law to be inserted into this Agreement shall be deemed tobe inserted herein. H. 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 Services into compliance with this Agreement. 2. Termination of Agreement by Village.The Village may terminate this Agreement compensating Firm for all Services performed in accordance with the standard of care agreed to herein through the effective date of termination. 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 contracts or agreements with the Firm or with any vendor solicited or recommended by the Firm. J. 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. K. Mutual Cooperation.The Village agrees to cooperate with the Firm in the performance ofthe 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 theFirm's performance of the Services;the Firm may rely on all such Village-provided information without the independent duty to verify the same.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. L. 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) 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 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. 6 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. 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 Firm 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: kjohnson@vbg.org Notices and communications to the Firm shall be addressed to, and delivered at,thefollowing address: AECOM Technical Services, Inc. 303 East Wacker Drive,Suite 1400,Chicago, IL 60601 Attn:Chad Laucamp Phone:312-373-7700 Email:chad.laucamp@aecom.com 7 SECTION 8.GENERAL PROVISIONS(cont.) 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 provisions shall 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. 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 and negotiations 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. 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. 8 SECTION 8.GENERAL PROVISIONS(cont.) 0. 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. 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: L�1 Dane Bragg,Village Manager Date: DB t?! .2 Firm 7?7 /PGA Meg/ f't"ic 's,J1 . r By: • • Title: Date: at,744,>/) // ‘.2i a/ 9 Exhibit A. ("Services") Attach RFQu Response documents 10 A=COM AECOM 312 373 7700 tel 303 East Wacker Drive 312 373 6800 fax Suite 1400 Chicago,IL 60601 www.aecom.com August 3, 2021 Mr. Kyle E. Johnson, P.E. Assistant Public Works Director Village of Buffalo Grove 51 Raupp Boulevard Buffalo Grove, IL 60089-2198 Reference: Village of Buffalo Grove, Illinois Proposal to Provide Engineering Services for Development of a Facilities Plan Dear Mr. Johnson: Per your request of June 2, 2021 and our subsequent scoping meeting on June 28, 2021, AECOM Technical Services, Inc. (AECOM) is pleased to submit this proposal to prepare a Facilities Plan for the Village of Buffalo Grove water system. Our proposal has been organized to outline our project understanding, detailed approach, listing of critical assumptions, and a breakdown of the fee estimate. Proiect Understanding Finished water is delivered to the Village of Buffalo Grove by the Northwest Water Commission, which is surface water pumped from Lake Michigan and treated by the City of Evanston. The Village of Buffalo Grove receives water from the Commission at four (4) separate receiving stations that each consist of a pumping station and ground storage reservoirs (7.5 MG combined capacity). In addition, the Village maintains four (4) deep aquifer wells (Nos. 1, 2, 6 and 7) for emergency and standby use. The chlorine level of the finished water is monitored at each of the four receiving stations and, if necessary, chlorine is added to ensure adequate residual disinfection within the distribution system. The Village has a population of approximately 41,000 and an average day water demand of approximately 4.5 mgd. To assure uninterrupted water delivery, the Village is requesting a facilities plan be conducted for its four (4) receiving station sites, which will include an assessment of the various buildings, equipment, structures, and other components based on development of evaluation criteria. AECOM will prepare a report that identifies the existing condition of the facilities, equipment and support systems and develop a recommended capital improvement projects list and estimated construction costs to address any deficiencies identifed during the project that the Village can use as a roadmap for the upcoming 20-year planning period. It is also our understanding that the Village seeks to have an evaluation of the existing distribution system performed by assessing the advantages/disadvantages of eliminating, merging, or adding new receiving stations in the future, and also analyzing the potential benefits of utilizing elevated storage in the future. Lastly, it is requested that standard operating Mr. Kyle E. Johnson, P.E. August 3, 2021 ACOM Page 2 procedures (SOP's) be developed for various emergency response scenarios to capture expertise of existing operations staff and support effective knowledge transfer for future use. Approach Overview The AECOM team has worked with the Village of Buffalo Grove over the past 20 years and has familiarity with all aspects of the Village's water system. In addition, we have performed similar condition assessment and facility plans for many water utilities, including the DuPage Water Commission, and the Chicago DWM Sawyer Water Purification Plant and Pumping Stations. AECOM's proven approach starts by assembling a multi-disciplined team of experienced, local staff with knowledge of the Village's facilities. Our team's experience will result in efficient communication with Village staff and will save time and cost by effectively identifying and prioritizing the capital projects necessary to allow the Village to continue to provide the highest quality water service to its customers over the upcoming 20-year planning period. AECOM believes that completing a successful project requires early communication with the client to establish their expectations for the project and the final deliverables. At the project kickoff meeting, AECOM will review the issues, needs and goals of the project with Village staff. By establishing and documenting the project expectations up front, and reviewing the work performed against them at key milestones, AECOM's approach will provide the Village staff with a quality project. It is our understanding that the Village is requesting that a condition assessment and asset management analysis be performed for the receiving station facilities, primarily consisting of pumping stations, reservoirs, and backup wells. Based on our experience with these types of assessments, recommended improvements are typically classified into problem classes, functional categories and overall condition indices (OCI's) to provide organization to the list of proposed improvement projects over the 20-year planning period. Establishing standardized assessment protocols and templates that are tailored to the Village's system are key to providing useful and uniform assessment information. Unless these are developed early in the project and the staff trained in the evaluation process, there could be a high degree of variability in the condition assessment reports received from the various disciplines. The same reasoning applies to establishing the estimating guidelines for the proposed capital improvement projects. AECOM's familiarity with the Village's facilities will help orchestrate efficient site visits by coordinating the logistics for accessing the facilities to the assessment team prior to the site work, as well as identifying the specific areas of focus. This will allow us to maximize use of time in the field and minimize the need for return visits and Village staff time. Further, AECOM's Chicago-based staff includes more than 400 multi-disciplined professionals who can bring their specialized expertise to any facility at a moment's notice to quickly and efficiently address any condition that may arise, expected or unexpected. Detailed Approach Our detailed technical approach for performing the facility plan work is provided in the paragraphs that follow. C:\Users\LaucampC\Desktop\Buffalo Grove CA\08032f VBG Feall ies Plan.doc Mr. Kyle E. Johnson, P.E. August 3, 2021 ACOM Page 3 Task 1: Kick-Off Meeting AECOM will organize and conduct a project kickoff meeting between the Village and our team's key staff. The kick-off meeting will be used to: • Establish client expectations and goals for the project • Reconfirm the project work scope and AECOM's project team • Establish the project schedule • Confirm data provided to AECOM by Village staff and discuss any additional data AECOM may need to perform the project. Information gathering is expected to include the following, at a minimum: - Recent studies and reports - Record drawings - Drawings for recent facility improvements - Maintenance records - O&M manuals - Safety and security procedures and limitations • Kick-off work tasks of the overall project, describing the planned approach for executing each task • Identify communication protocols Additionally, the AECOM team will coordinate and manage the individual task workshops described elsewhere in the scope of services. Task 2: Condition Assessment Procedures The AECOM team will develop condition assessment procedures for consistent use by the project team. AECOM's project manager will regulate the activities to limit Village obligations and minimize individual team member follow up with Village staff. Our team will facilitate the identification of interfaces and coordination between disciplines. The AECOM team will prepare a concise condition assessment guidance manual for the assessment team and Village review and comment. We will further explain evaluation problem classes and functional categories and how they should be interpreted for each assessment area/discipline. The team should understand that each discipline does not stand alone. For example, for plumbing, are there any limitations with potable water and service water systems that adversely impact the process systems. There may be consideration for expanding problem classes to include the possible impacts of extreme weather-related events such as snow, ice, extreme cold, and extended hot weather. Our team will develop detailed safety guidelines based on AECOM's comprehensive safety program and any specific limitations. Our safety program is described in greater detail later in this section. We will also develop guidelines for estimated construction and project cost opinions for condition assessment findings, including preparation of appropriate templates and unit costs to be used, mark-ups, contingencies, ENR indices and escalation factors. C:\Users\L aucarepC\Desktop\Buffalo Grove CA\080321 VBG Facilities Plan.doc Mr. Kyle E. August 3, 2021 Johnson, P.E. A_COM Page 4 Task 3: Site Tours and Detailed Assessments The AECOM team will develop an efficient schedule for the project teams to visit the various sites and conduct their evaluations. The team members will consist of personnel with expertise in process, civil, electrical, structural, architectural and mechanical (HVAC/plumbing) disciplines, and the detailed assessments will include: • Limiting the timeframe for on-site efforts for continuity and documentation • Compiling all assessment results • Screening comments and rankings for clarity and consistency between team members • Arranging a workshop with Village staff to present and discuss initial results Condition assessments of the following four (4) Village facilities will be performed subject to the exclusion and assumptions contained in the attachment to this proposal. The focus will be to assess the pump houses, chlorination equipment, ground storage reservoirs, emergency generators, backup wells and meter vaults. • Receiving Station No. 1 Site • Receiving Station No. 2 Site • Receiving Station No. 6 Site • Receiving Station No. 7 Site AECOM's focused review of the facilities will include the following: • Fire Protection and Life Safety • General Site: access driveways, site drainage, parking areas, exterior walkways and driveways, exterior lighting, landscaping, fencing • Architectural: building features including roofs, windows, doors, floors, brick work, etc. (assessment will not include a detailed roof or building envelope inspection) • Structural: building structures including walls and supporting columns, process structures, auxiliary structures, etc. • Process Equipment: items including but not limited to pumps, valves and operators, meters, chemical systems, discharge piping, etc. • HVAC: air handling equipment, duct system, controls, support equipment • Plumbing: hot and cold-water systems, station water systems, sewage systems • Electrical: power systems, switchgear, motor starters, and lighting systems • Instrumentation and Controls Systems: sensors, monitoring equipment, control panels • Regulatory and safety: chemical safety, spill control, waste control • Reservoir: Inspection of the reservoirs will be performed to determine, based on visual observations, the condition of the reservoir and its appurtenances The results of the on-site assessments will be compiled into matrix tables that will be sorted by priority classes, areas of work, and disciplines with budgetary cost opinions. C:\UsersU.aucampC\Desktop\Buffalo Grove CA\080321 VBG Facilities Plan.doc Mr. Kyle E. Johnson, P.E. August 3, 2021 ACOM Page 5 Task 4: Asset Inventory An initial asset list will be developed by AECOM based on review of available engineering studies and record drawings, for Village staff review. It is assumed that there will be an average of 50 assets identified at each of the four (4) receiving station sites, or 200 total assets for this project. Each asset will be assigned a name, ID number and location, and up to twelve (12) additional attributes will be compiled for each asset. The AECOM team can evaluate additional assets and/or capture additional attributes per the Village request for an additional fee. It is our understanding that the Village has an existing list of attributes that are used in their asset management software (Cartegraph) for other systems, which the AECOM team will utilize, and additional attributes can be recommended based on our experience with asset inventory projects. Asset attributes and the associated hierarchy will be dictated by available fields in Cartegraph. Once the Village and AECOM project team have agreed to the list of assets and attributes, the team will work with the Village to finalize the asset inventory process within the Cartegraph software platform. Customization of Cartegraph, by AECOM, is not expected or required during project execution. This asset and attribute setup task will be conducted in a workshop setting (approx. 4-6 hour duration) with key staff from both the Village and AECOM in attendance. This workshop will also include orientation training for AECOM staff to become familiar with the utilization of the Village's Cartegraph platform and mobile application, and to work through any potential technical issues in advance of the ensuing field work. The Village will provide a requisite number of user ID's to AECOM for accessing Cartegraph that will allow staff to login from a desktop computer or mobile device for the duration of the project. The asset inventory field work will be conducted in conjunction with the condition assessment work (approximately 1-week duration) to optimize efficiencies of staff time while on-site and quality assurance of post-observation processing of data. The Village will provide AECOM with a sufficient number of mobile devices (e.g. tablets) that will allow the AECOM assessment team staff to efficiently collect the attribute data while on-site, and will then be uploaded directly into the Village's Cartegraph database. Our team will proactively prepare the data collection approach in advance for each assessment area/discipline, which will be used by project staff in conjunction with our condition assessment guidance manual. AECOM will use the compiled data from the field to create an overall condition index (OCI) for each asset, for which we typically use a standard 5-point grading system, as presented on the next page. Our project team will assign an estimated service life (ESL) for each asset and utilize performance curves based on asset categories to estimate their respective points of functional failure. AECOM will identify interdependences between assets that affect future operational and maintenance planning as well as the sequencing of capital improvement projects. Collected asset data will be entered into Cartegraph One, which will be automatically uploaded into the Cartegraph software for analysis to support the development of proposed improvement projects over the 20-year planning period. C:\Users\LaucampC\Desktop\Buffalo Grove CA\080321 VBG Facilities Plan.doc Mr. Kyle E. Johnson, P.E. August 3, 2021 A_COM Page 6 Condition Standard Rating 1 r ••• Showing some minor signs of deterioration.Routine refurbishment and maintenance required. Functionally sound, but appearance significantly affected by deterioration,structure is marginal 3-Fair in its capacity to prevent leakage, mechanical and electrical plant and components function adequately but with some efficiency and minor failures. Deterioration has a significant effect on performance of asset due to leakage or other structural 4-Poor problems.Mechanical and electrical plant and components function but require significant maintenance to remain operational. Equipment functional but obsolete. Serious structural problems having a detrimental effect on the performance of the asset.Will require major overhaul/replacement of the asset in the short term. We will work with Village operators and maintenance staff to confirm past maintenance efforts for facility assets and confirm general compliance with suggested service goals and industry standard recommendations, and note any significant gaps and improvements for service improvements. This will help identify activities that impact the OCI and the performance curves. Task 5: Future Considerations for Distribution System This task will include an evaluation of the Village's existing distribution system by assessing the advantages/disadvantages for eliminating, merging, or adding new receiving stations in the future, and also evaluate the potential benefits of utilizing elevated storage in the future. This will include a review of previous engineering reports, interviews with Village staff, and a summary of future considerations that identify opportunities for the Village to improve on distribution system performance. In addition, AECOM will utilize the Village's existing WaterGEMS model to analyze the distribution system to support the findings, which is expected to include the following: • Review of existing hydraulic model files to assess the operability/performance and identify the scenarios that are best suited for the analysis • It is assumed that the existing model is sufficiently calibrated; costs for model calibration are not included in this proposal • The following simulations are planned to be performed: - Base simulation run at both current (2021) conditions and future (2041) conditions to establish baseline criteria - Up to eight (8) simulation runs to analyze the potential addition or elimination of receiving station(s) under future conditions - Up to four (4) simulation runs to analyze the potential addition of elevated storage under future conditions with current receiving station arrangement - Up to four (4) simulation runs to analyze the potential addition of elevated storage under future conditions with modified (added/eliminated) receiving station arrangement(s) C:\Users\LaucampC\Desktop\Buffalo Grove CA\080321 VBG_Facilities Plan doe Mr. Kyle E. Johnson, P.E. August 3, 2021 A_COM Page 7 AECOM's analysis will be based on our knowledge of the Village's distribution system and our experience performing planning studies for similar systems. The findings will be presented in tabular and graphic formats in the Facilities Plan report with recommendations presented for the 20-year planning period. In addition, our team will identify any further hydraulic modeling studies that can be performed in the future that will provide a more detailed analysis required to advance the findings of this initial evaluation. Task 6: Draft 70% Facilities Plan Report • Include summary tables with problem class ranking and functional categories • Correlate with items identified in any previous assessments or O&M records • Prepare draft asset management summary spreadsheet with assigned attributes, ESL's and OCI's for each selected asset • Prepare draft CIP project list with preliminary cost opinions (AECOM team will reach consensus with Village staff on the scope of project work before finalizing cost opinions) • Prepare figures and reference photographs as an aid to understand the conditions identified • Complete internal AECOM QA/QC review using independent, experienced reviewers who have not been directly involved • Document and address resolution of QA/QC review comments • Submit 70% Report to the Village and prepare format for documenting Village comments • Arrange workshop to present and discuss the 70% Report • Document resolution of all Village comments Task 7: Final Facilities Plan Report • Incorporate all comments • Prepare an Executive Summary that highlights the approach and recommendations for the 20-year capital improvements plan • Finalize cost opinions • Prepare CIP project list based on problem class and functional categories • Determine asset interdependencies and commonalities between facilities and disciplines to combine elements within the capital projects to optimize construction contract packaging, minimize disruption and yield lower bid prices • Utilize AECOM's construction experience to identify any construction issues associated with proposed CIP projects • Identify any temporary provisions that would be needed, such as standby generators, temporary pumping equipment, time limitations or other provisions • Identify any recommendations for further engineering studies, detailed inspections or testing that could impact the cost and work within the capital projects • Overview of Village asset compliance with suggested service goals and industry standard recommendations • Arrange workshop to discuss Final Report • Document resolution of all final Village comments • Submit Final Report • LaucampC Grove CA\080321 VBG Facilities Plan.doc Mr. Kyle E. August 3, 2021 Johnson, P.E. w p hCOM Page 8 /�i Task 8: Development of Standard Operating Procedures This task will include the development of standard operating procedures (SOP's) for various emergency response scenarios to capture expertise of existing operations staff and support effective knowledge transfer for future use. This work is expected to be prepared into a separate stand-alone document that includes a detailed step-by-step plan for Village maintenance workers to follow to ensure that best practices are maintained. Our scope is based on up to eight (8) SOP's being developed, which will largely be derived from interviews with senior Village operations and maintenance staff in information capture sessions. The following scenarios are for consideration: 1. NWC feed unavailable, requires activation of backup wells and blending of water 2. Loss of power within the Village service area (electrical blackup) 3. Loss of reservoir(s) due to structural damage or contamination event 4. Loss of telemetry/SCADA 5. Unavailable disinfection supply or system down 6. TBD 7. TBD 8. TBD Based on our experience performing information capture documents for water system operation and maintenance staff, the staff interview sessions are expected to be approximately 1-hour in duration for each scenario, and each SOP is expected to be approximately 2-pages in length, organized in an easily referenced manner for staff. Reference documents (e.g. facility site plan) for the SOP's will be compiled based on discussions with Village staff and will be tailored to focus on the specific scenario, as appropriate, to streamline the end product. Approach to Safety AECOM's Health and Safety program is designed to protect our most important asset — our employees. The goal of this program is to minimize injuries and occupational illnesses. This goal is accomplished through AECOM's policies and procedures, which are consistent with Federal, State and local regulations including OSHA 29 CFR Part 1910. Our excellent health and safety record reflects our stringent company training and medical surveillance policies. AECOM policy dictates that every operation be performed in a safe manner to prevent injuries to our employees, clients and the public and prevent property damage. The AECOM Health and Safety policy provides the framework for establishing safe procedures and practices for AECOM staff. The implementation of these procedures and practices establish the AECOM Health and Safety Program. The objectives of the AECOM Health and Safety Program are: • Provide safe and healthful working conditions for all AECOM staff • Prevent injury or damage to persons or property • Comply with applicable Federal and State Health and Safety Regulations, including OSHA 29 CFR Part 1910 • Minimize company losses by eliminating the cost of occupational accidents and illnesses C:\Users\LaucampC\Desktop\Buffalo Grove CA\080321 VBG Facilities Plan.doc Mr. Kyle E. Johnson, P.E. August 3, 2021 A=COM Page 9 All members of the project team will observe the following Health and Safety policies: • Review and monitor compliance with the site safety plan • Know the hazards of his/her job and employ safe practices to avoid injury or illness • Use appropriate safe practices and equipment at all times • Report unsafe/unhealthful conditions or practices to our Safety Officer for corrective action • Assist our Safety Officer with accident investigation in which the staff person was involved or which he/she witnessed • Hold safety meetings with staff, sub-consultants and contractors • Document safety performance and maintain records Cost Proposal We are proposing to provide the aforementioned services for a total not-to-exceed fee as provided in the table below. No. Description Hours Cost 1 Project Initiation and Kick-Off Meeting 40 $7,200 2 Develop Condition Assessment Procedures 72 $12,000 3 Site Tours, Detailed Assessments and Workshop#1 400 $66,000 4 Asset Inventory 270 $44,550 5 Future Considerations for Distribution System 200 $34,000 6 Draft 70% Condition Assessment Report 420 $69,300 7 Final Condition Assessment Report 160 $26,400 8 Development of Standard Operating Procedures 180 $29,700 Other Direct Costs (printing, shipping): $300 Totals: 1,742 $289,450 Project Schedule Our proposed schedule is shown on the next page. We propose to complete the work within nine (9) months of the notice to proceed, which reflects our intimate knowledge and experience performing work at your facilities. We have included one (1) additional month in the schedule to mitigate against any potential schedule risks, and assuming a Notice-to-Proceed (NTP) of September 1, 2021, AECOM proposes to complete the work by June 30, 2022. The AECOM Team is available to commence immediately upon the NTP and have the necessary resources to execute delivery of the Facility Plan prior to June 30, 2022. A key element to the success of the overall project and ultimate implementation, will be staff engagement. Our AECOM Team will conduct monthly team progress meetings in collaboration with the Village to continuously track and update the development of the Facility Plan project. C:\Users\IaucampC\Desktop\Buffalo Grove CA\080321 VBG Facilities Plan.doc Mr. Kyle E. Johnson, P.E.August 3, 2021 A COM Page 10 2021 2022 No. Task Description Sep Oct Nov Dec Jan Feb Mar Apr May Jun 1 Project Initiation and Kickoff Meeting 2 Develop Condition Assessment Procedures 3 Site Tours, Detailed Assessments and Workshop#1 4 Asset Inventory 5 Future Considerations for Distribution System 6 Draft 70% Condition Assessment Report 7 Final Condition Assessment Report Development of Standard 8 Operating Procedures mil- _Amok - Float for Risk Mitigation Thank you for the opportunity to prepare this Proposal to you for this important project. We would be happy to meet with you to discuss our scope of work further and provide any modifications to the scope, as needed, to better suit the Village of Buffalo Grove. Very truly yours, AECOM TECHNICAL SERVICES, INC. Chad R. Laucamp, P.E. Associate Michael H. Winegard, P.E. Vice President Attachment C:\UsersU.aucampC\Desktop\Buffalo Grove CA\08032f VBG Facilities Plan.doc Scope of Work Attachment Village of Buffalo Grove Facilities Plan Project— Exclusions and Assumptions In accordance with the Scope of Work, the following items will not be included in the facilities planning and condition assessment work: 1. Evaluation of population, flows or loadings—the basis of the assessment will be that the existing facilities and equipment sizing is adequate for water supply in the planning period. 2. Evaluation of regulatory requirements or regulatory reporting —evaluation of existing treatment systems to meet future regulatory requirements is not included. 3. Evaluation of Village organization or personnel, including management, operations, maintenance, engineering, safety, security, facility staffing and organization, and all other staff functions. 4. Evaluation of SCADA system, telephone system, and LAN system. 5. Update of Risk and Resilience Assessment (RRA). 6. Update of Emergency Response Plans. 7. Special evaluations including energy use, chemical use, carbon footprint, process optimization, and green technologies, and sustainability. 8. Evaluation of security systems including adequacy of gates, fences, etc. 9. Lead paint and asbestos inspection, testing, and studies. The Scope of Work also includes the following assumptions: 1. Report format would use exception style reporting: i.e., only complete assessment report on items that has deficiency/condition issue. Lengthy text will not be included in the report. Instead, the conditions will be documented in tables with supporting photographs for reference. 2. No report or write up on items that are in good or acceptable condition. 3. No detailed mapping or listing of deficiencies (e.g., multiple areas of minor cracking and/or spalls along interior wall; or many expansion joints leaking on conduits in pipe gallery). Where previous studies and evaluations have been completed, these studies should be referenced. 4. Not performing review of applicable codes and determining compliance. 5. Overhead cranes will be inspected for age, deterioration, adequacy and wall damage at stops, adequacy of rated capacity based on prior certifications 6. Buried piping and utilities will not be inspected or televised. 7. Roofs will be accessed by existing ladders or stairs and will be based on visual observations and review of as-built documents and warranties; no destructive investigation or cutting, coring or infrared testing will be performed as part of this scope of work; no special lifts will be provided nor more extensive testing unless approved as a separate cost by the Village. 8. Exterior masonry, concrete walls or panels, windows, louvers, etc. that are at higher elevations will not be inspected with special ladders or lifts; no special lifts or ladders will Page 1 of 2 be provided unless approved as a separate cost by the Village; inspection will be based on binocular visual; material testing and sounding is beyond the scope of this assessment 9. Tunnels, shafts and void areas/crawl spaces below structures will not be inspected. 10. Photographs will be compiled and annotated to document conditions; no video recording will be completed. 11. It is assumed that Village staff knowledgeable and familiar with the facilities will be available for interviews. 12. AECOM will make recommendations for any follow-on detailed testing of materials or equipment that is needed. 13. Destructive testing/investigation is not part of the scope of work. 14. Foundation analysis is not part of the scope of work 15.We have not included any costs for specialized equipment/services for confined space entry in this proposal; if needed for assessment work it is assumed this will be provided by the Village. 16. It is not anticipated that the procurement and delivery of ladders and/or mechanical lifts will be required; if needed for assessment work it is assumed this will be an additional cost by the Village. 17. This assessment will not inventory every equipment item, valve, pipe etc., but will identify those major items that will require a capital investment during the planning period. Village staff will assist with confirming equipment age and maintenance history, as needed. 18. The Village will dewater the reservoirs and provide all equipment necessary for the internal inspection including but not limited to ventilation, lighting, ladders, scaffolding and confined space equipment. Page 2 of 2 Exhibit B. Agreed Upon Pricing Structure See Page 9 of the Proposal in Exhibit A. 11 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. Scope of Insurance:Coverage shall be as follows: 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) 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 of: 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. 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) 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 12 Any deductibles or self-insured retentions are the responsibility of the Firm. 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,authorized agents, and employees are to be covered as additional 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,and employees. 2) The Firm's insurance coverage shall be primary and non-contributory as respects the Village, its officials, authorized agents, employees and volunteers.Any insurance or self-insurance maintained by the Village, its officials, authorized agents,and employees 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. 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 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. 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) Should any of the policies be cancelled before the expiration date thereof,30 days' notice will be delivered in accordance with the policy provisions. F. Acceptability of Insurers 13 Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and authorized to do business in the State of Illinois. G. Verification of Coverage Firm shall furnish the Village with certificates of insurance including the Village, its officials, authorized agents,employees, 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. 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. 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 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. K. Failure to Comply 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. L. Professional Liability 1) Professional liability insurance with limits of$1,000,000 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract,with an aggregate of$2,000,000.00. 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) 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: 14 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