2021-08-16 - Ordinance 2021-060 - AUTHORIZING AN ENGINEERING SERVICES AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. (CBBEL) 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:
Christopher B. Burke Engineering, Ltd.
9575 W. Higgins Road,Suite 600, Rosemont, IL 60018-4920
Attn:Thomas T. Burke
Phone:847-823-0500
Email:tparry@cbbel.com
B. Project Description.The Firm shall provide Engineering Services for the Village of Buffalo Grove as
detailed in the attached Scope of Service Exhibit A.
C. Representations of Firm.The Firm has submitted to the Village a description of the services to be provided
by the Firm, a copy of which is attached as Exhibit A to this Agreement("Services"). The Firm represents that it
is financially solvent, has the necessary financial resources, and is sufficiently experienced and competent to perform
and complete the professional services set forth in Exhibit A.
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SECTION 2. SCOPE OF SERVICES.
A. Retention of the Firm.The Village retains the Firm to perform,and the Firm agrees to perform,the Services.
B. Services.The Firm shall provide the Services pursuant to the terms and conditions of thisAgreement.
C. Commencement.Time of Performance.The Firm shall commence the Services immediately upon receipt of
written notice from the Village that this Agreement has been fully executed by the Parties(the"Commencement
Date").The Firm shall diligently and continuously prosecute the Services untilthe completion of the Work.
D. Reporting.The Firm shall regularly report to the Village Manager("Manager"),or his/her designee, regarding the
progress of the Services during the term of this Agreement.
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.
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SECTION 3.COMPENSATION AND METHOD OF PAYMENT(cont.)
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,orresignation.
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SECTION 4.PERSONNEL. SUBCONTRACTORS(cont.)
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 apublication 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 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 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 shah be performed in accordance with the highest
standards of professional practice,care,and diligence practiced by recognized firms in performing services of a
similar nature in existence at the Time of Performance,thewarranty expressed shall be in addition to any other
warranties expressed in this Agreement, or expressed or implied by law,which are hereby reserved unto the
Village.
B. Insurance. Firm shall maintain throughout the term of this Agreement insurance,evidencing at least the
minimum insurance coverages and limits as set forth in Exhibit C tothis Agreement.
C. No Personal Liability. No elected or appointed official,agent,or employee of the Village shall be
personally liable, in law or in contract,to the Firm as the result of the execution 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, agents and employees against all injuries, deaths, loss,damages,claims,
patent claims,suits, liabilities,judgments,cost and expenses,which may in anywise accrue against the Village, its
officials,agents and employees to the extent arising out of the negligent performance of this work by the Firm,its
employees,or subcontractors,or which may in anywise result therefore,except that arising out of the sole legal
cause of the Village, its agents or employees,the Firm expressly understands and agrees that any performance
bond or insurance policies required by this contract,or otherwise provided by the Firm,shall in no way limit the
responsibility to indemnify, keep and save harmless the Village, its officials,agents and employees as herein
provided.
E. Kotecki Waiver. In addition to the requirements set forth above,the Firm(and any subcontractor into whose
subcontract this clause is incorporated)agrees to assume the entire liability for all personal injury claims suffered
by its own employees and waives any limitation of liability defense based upon the Worker's Compensation Act and
cases decided there under. Firm agrees to indemnify and defend the Village from and against all such loss, expense,
damage or injury, including reasonable attorneys'fees,which the Village may sustain as a result of personal injury
claims by Firm's employees, except to the extent those claims arise as a result of the Village's own negligence.
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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,651LCS 5/11-42.1-1 et seq.; or(ii)a violation of either Section 33E-3 or Section 33E-4
of Article 33E ofthe Criminal Code of 1961,720 1LCS 5/33E-1 et seq.The Firm represents that the only persons,
firms, or corporations interested in this Agreement as principals are those disclosed to the Village prior to the
execution of this Agreement, and that this Agreement is made without collusion with any otherperson,firm,or
corporation. If at any time it shall be found that the Firm has,in procuring this 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 ILCS512-105(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.
F. Term.The Time of Performance of this Agreement,unless terminated pursuant to the terms of this
Agreement,shall be for 60 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(cont.)
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.
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 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 Firm,any and all costs,including attorneys'fees and
administrative expenses, incurred by the Village as the result of anyEvent of Default by the Firm or as
a result of actions taken by the Village in response toany Event of Default by the Firm.
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SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS(cont.)
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 the Firm's performance of the Services.The Firm agrees to
cooperate with the Village in the performance of the Services to complete the Work and with any other Firms
engaged by the Village.
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.
N. Favorable Terms
Firm represents that all of the benefits and terms granted by Firm herein are at least as favorable as the benefits
and terms granted by Firm to Illinois Home Rule Municipalities
Should Firm enter into any subsequent agreement with any Illinois Home Rule Municipalities,during the term of
this Agreement,which provides for benefits or terms more favorable than those contained in this Agreement,
including all exhibits to this Agreement,then this Agreement shall be deemed to be modified to provide the
Village with those more favorable benefits and terms.
Firm shall notify the Village,in writing, promptly of the existence of such more favorable benefits and terms and
the Village shall have the right to receive the more favorable benefits and terms immediately. If requested in
writing by the Village, Firm shall amend this Agreement to contain the more favorable terms and conditions.
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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 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:
Christopher B. Burke Engineering, Ltd.
9575 W. Higgins Road,Suite 600, Rosemont, IL 60018-4920
Attn:Thomas T. Burke
Phone:847-823-0500
Email:tparry@cbbel.com
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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 provisionsshall remain in full
force and effect and shall in no way be affected, impaired or invalidated.
G. Time.Time is of the essence in the performance of this Agreement.
H. 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 Tortlmmunity Act,745 ILCS 10/1-101 et seq.,as
amended.
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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 ,,y
Dane Bragg,Village”.anager
Date: A /d//2cc/
Firm Christo her B.B rke Engineering, Ltd.
By:
Title: Executive Vice President
Date: 8/23/2021
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Exhibit A.
("Services")
Attach RFQu Response documents
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B._.
CHRISTOPHER B. BURKE ENGINEERING, LTD.
9575 W Higgins Road, Suite 600 Rosemont, Illinois 60018-4920 Tel (847) 823-0500 Fax(847)823-0520
August 9, 2021
Village of Buffalo Grove
Public Works Facility
51 Raupp Boulevard
Buffalo Grove, IL 60089
Attention: Kyle Johnson, PE, CFM —Assistant Public Works Director
Subject: Proposal for Professional Engineering Services
NPDES MS4 Phase II Compliance Activities
Dear Mr. Johnson:
Christopher B. Burke Engineering, Ltd. (CBBEL) is pleased to submit this proposal to the
Village of Buffalo Grove (Village) for professional engineering services related to
maintaining compliance with the National Pollutant Discharge Elimination System
(NPDES) Phase II permit requirements. This proposal includes our Understanding of the
Assignment, Scope of Services, and Estimate of Fee.
UNDERSTANDING OF THE ASSIGNMENT
The Village's NPDES permit issued by the Illinois Environmental Protection Agency
(IEPA) expired on February 28, 2021, and CBBEL prepared and submitted a new Notice
of Intent (NOI) that extended the permit for another 5-year cycle. It is our understanding
that the Village would like CBBEL to assist with all documentation and annual reporting
requirements associated with the Village's NPDES permit for this permit cycle. These
requirements will include the annual Public Meeting, sampling and monitoring of receiving
streams, annual NPDES employee training, annual Facility Inspection Report and annual
site monitoring and grab samples. This proposal also includes other compliance related
tasks that CBBEL will complete a single time to verify that these components of the
Village's NPDES provide appropriate coverage and meet or exceed the requirements of
the NPDES permit.
Based on our experience with similar projects and our discussions with Village staff,
provided below is our Scope of Services.
SCOPE OF SERVICES
Annual Compliance Tasks
Task 1 — NPDES Phase II Permit Compliance Assessment: CBBEL will review the
Village's current NPDES program and last year's activities and documentation to evaluate
the Village's compliance with the General NPDES Permit for Discharges from Small
Municipal Separate Storm Sewer Systems. The compliance assessment will compare the
permit requirements with the Village's existing and proposed NPDES program BMP's and
other activities. CBBEL will also evaluate if activities from the NOI have been
implemented and/or are effective in meeting the minimum control measures of the permit.
CBBEL will also meet with the appropriate Village staff to discuss the Village's NPDES
program and determine the status of NPDES permit compliance. CBBEL will determine
what practices and procedures are applicable toward the required minimum control
measures and whether any of them require modification to maintain compliance. From
this meeting, CBBEL staff will determine if any modifications or updates are needed to the
Village's NPDES Phase II program to bring the Village into compliance.
Task 2 — Annual Facility Inspection Report: Upon completion of Task 1, CBBEL will
compile information on the Village's NPDES program goals and activities and summarize
this information in a report to the IEPA. The Annual Report is due to the IEPA by June 1st
of each permit year.
The yearly report must include the following:
• The status of compliance with the permit conditions, including an
assessment of the BMP's and progress made toward the measurable goals.
• Results of any information collected and analyzed, including monitoring
data.
• A summary of the stormwater activities planned for the next reporting cycle.
• A change in any identified best management practices or measurable goals.
• If applicable, notice of relying on another governmental entity to satisfy
some of the permit requirements.
Task 3 — Annual Municipal Facility Inspections: The Village's NDPES permit requires
policies, procedures and/or activities that reduce, limit or eliminate the potential for
stormwater pollution from municipal activities through the Pollution Prevention and Good
Housekeeping minimum control measure. CBBEL will assist the Village with the
implementation of these measures by performing an annual inspection of the municipal
facilities to identify potential areas of concern and if needed make recommendations for
modifying existing BMP's or implementing new ones.
Task 4 — Annual NPDES Employee Training: CBBEL will prepare and present a training
program specifically for the Village to meet the requirements of their ILR40 permit relating
to training of Village employees on stormwater and NPDES related issues. The training
will be approximately 0.5-1 hour in length and held at the Public Works facility or other
location selected by the Village.
Task 5 — Annual Public Meeting: The Village's NPDES permit requires at least one public
meeting per year to provide the general public with an opportunity comment on the
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adequacy of the Village's NPDES program. CBBEL will assist the Village with the
development of materials related to NPDES or similar water quality topic for the public
meeting and attend at staff's request.
Task 6 — Site Monitoring Visit and Grab Sample Collection: The Village's NPDES permit
requires annual monitoring to be performed as part of the Illicit Discharge Detection and
Elimination minimum control measure. CBBEL will assist by visiting specified receiving
streams and performing grab samples from the waterways. Water sampling will be
completed near Village limits at 4 upstream and downstream locations at the same
sample points as the previous 11 years. Test results will build on previous year's data
and be useful for identifying water quality trends and for comparison with Metropolitan
Water Reclamation District sampling results, which are included in the Buffalo Creek
Clean Water Partnership watershed group.
Sampling locations include the Village's upstream and downstream limits of Buffalo Creek,
Indian Creek, Aptakisic Creek, and the Kildeer Creek Tributary. Field visits will be
completed within 48 hours of 0.25 inches of rain over a 24-hour period. We will
coordinate with Public Works staff so that they can attend the field visits, if desired.
Task 7 —Analytical Services: Water sampling parameters are proposed to provide a basic
description of water quality within Village streams. Water quality will include the same
parameters as in the previous sampling years. The 2021 results will build on results
obtained in 2009-2020 for comparison to state water quality standards and to identify
trends.
Water quality samples for the following parameters will be completed by an accredited
water testing laboratory:
• Fecal coliform
• Total suspended solids (TSS)
• Total Phosphorus
• Chloride
• Fluoride
Each monitoring location will also be field tested by CBBEL for the following:
• dissolved oxygen (DO)
• pH
• conductivity
• water temperature
Task 8 — Testing & Analytical Services for Current TMDL Parameters (Buffalo Creek,
only): We propose water sample collection and laboratory testing for carbonaceous
biological oxygen demand (CBOD) and ammonia to address the re-listing of DO as a
pollutant on the TMDL list for Buffalo Creek. Therefore, sampling for CBOD and ammonia
is proposed for two locations - the upstream and downstream limits of Buffalo Creek (Sites
BC-1 & BC-2). Results will be incorporated in each years' Report.
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Task 9 — Water Quality Report: Each year, CBBEL will prepare a report summarizing the
results of the field sampling and laboratory analytical data. Historical IEPA water quality
data from the MWRD sample point located on Buffalo Creek at Lake-Cook Road will be
included for comparison. Recommendations to improve water quality will be included as
appropriate. A photo exhibit showing representative conditions at each monitoring
location will be included in each report. A draft will be provided for your review prior to
submittal of digital and hard copies of the finalized report.
Additional Compliance Tasks
Task 10 — Revised Notice of Intent: The Village's Municipal Separate Storm Sewer
System (MS4) permit expired on February 28, 2021 and last fall the IEPA issued a new
Notice of Intent (NOI) form that was required to be utilized to apply for a permit. If the new
form was not used, the NOI would not have been accepted, the permit would not have
been granted and the Village would not be compliant with State and Federal NPDES
requirements. The new NOI extended coverage under the current General NPDES
Permit for Discharges from Small Municipal Separate Storm Sewer Systems (General
NPDES Permit) until the IEPA releases a new permit. All applicable conditions,
restrictions and requirements of the current General NPDES Permit remain in effect. No
timetable has been provided for the release of the new permit. To maintain compliance,
CBBEL assisted the Village with the preparation and submission of the new Notice of
Intent form to the IEPA. The NOI notified the IEPA of the activities the Village is currently
and/or will perform to meet the requirements of the General NPDED Permit. CBBEL's
preparation of the new NOI will also included a review of the Best Management Practices
(BMP) and activities listed in the NOI for potential updates based on the Village's NPDES
program or current IEPA guidance. This task has been completed.
Task 11 — Code of Ordinances Review: Several of the NPDES permit conditions require
regulatory control mechanisms such as codes or ordinances, as well as codified
enforcement actions to meet and maintain compliance. CBBEL will review the Village's
Code of Ordinances to verify compliance with the permit requirements for regulatory
control mechanisms and, if needed, provide comments or recommendations regarding
updates or changes to the website.
Task 12 — Website Review: The NPDES MS4 permit has specific requirements for
maintaining and posting of compliance and program related information. Specifically, the
Notice of Intent, Annual Reports and SMPP are all required to be posted on the Village's
website for public access. CBBEL will perform a comprehensive review of the Village's
website to verify compliance with the permit requirements for posting and recordkeeping
and, if needed, provide comments or recommendations regarding updates or changes to
the website.
Task 13 — Sustainability Plan Review: CBBEL will perform a review of the Village's
existing Environmental Sustainability Plan for consistency with the ILR40 NPDES permit
requirements and goals. If needed upon completion of the review, CBBEL will provide
comments or make recommendations regarding updates or changes to the plan.
Task 14 — Mapping and GIS Assistance: Several NPDES permit requirements. specifically
those related to identifying, locating and eliminating illicit discharges, center around
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mapping and/or location requirements. As requested by Village staff, CBBEL will assist
with GIS and other related mapping requirements.
Task 15 — Meetings, Coordination and Additional Services: As requested by Village staff,
CBBEL will be available to provide additional NPDES services such as discussing water
quality sampling issues or results, IEPA requirements, best management practices or
recommendations, etc. or meet with Village staff regarding these or other matters deemed
appropriate by the Village.
ESTIMATED FEE
TASK DESCRIPTION FEE
1 NPDES Phase II Permit Compliance Assessment $ 9,050
2 Annual Facility Inspection Report $ 15,400
3 Annual Municipal Facility Inspections $ 7,300
3 Annual NPDES Training $ 8,000
4 Annual Public Meeting $ 4,500
5 Site Monitoring Visit and Grab Sample Collection $ 6,400
6 Analytical Services $ 10,700
7 Testing & Analytical Services for Current TMDL Parameters $ 2,700
8 Water Quality Report $ 14,000
9 Revised Notice of Intent $ 4,500
10 Annual Meetings and Coordination $ 2,750
11 Code of Ordinances Review $ 7,500
12 Village Website Review $ 3,200
13 Sustainability Plan Review $ 2,400
14 Mapping and GIS Assistance $ 2,750
15 Additional Services $ 6,400
Subtotal $107,550
Direct Costs (2%) $ 4,302
TOTAL $111,852
We will bill you at the hourly rates specified on the attached Schedule of Charges and
establish our contract in accordance with the attached General Terms and Conditions.
Direct costs for blueprints, photocopying, mailing, mileage, permit fees, overnight delivery,
messenger services, and report binding are included in the Fee Estimate. These general
terms and conditions are expressly incorporated into and are an integral part of this
contract for professional services. It should be emphasized that any requested meetings
or additional services are not included in the preceding fee estimate and will be billed at
the hourly rates specified in the Schedule of Charges.
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Please sign and return one copy of this agreement as an indication of acceptance and
notice to proceed. Please feel free to contact us anytime.
Very truly yours,
01 ash,4
Thomas T. Burke, Jr., Phi, PE
Executive Vice President
Head, Water Resources Department
Enclosures: Standard Charges
General Terms and Conditions
THIS PROPOSAL, SCHEDULE OF CHARGES AND GENERAL TERMS AND
CONDITIONS ACCEPTED FOR THE VILLAGE OF BUFFALO GROVE:
BY:
TITLE:
DATE:
6
Exhibit B.
Agreed Upon PricingStructure
Attach Schedule of Prices
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CHRISTOPHER B. BURKE ENGINEERING, LTD.
STANDARD CHARGES FOR PROFESSIONAL SERVICES
APRIL,2020
Charges*
Personnel ($/Hr)
Principal 275
Engineer VI 251
Engineer V 208
Engineer IV 170
Engineer III 152
Engineer I/II 121
Survey V 229
Survey IV 196
Survey III 172
Survey II 126
Survey I 100
Engineering Technician V 198
Engineering Technician IV 161
Engineering Technician III 146
Engineering Technician I/II 68
CAD Manager 177
Assistant CAD Manager 153
CAD II 135
GIS Specialist III 148
GIS Specialist I/II 94
Landscape Architect 170
Landscape Designer I/II 94
Environmental Resource Specialist V 216
Environmental Resource Specialist IV 170
Environmental Resource Specialist III 139
Environmental Resource Specialist I/II 94
Environmental Resource Technician 114
Administrative 104
Engineering Intern 63
Information Technician III 130
Information Technician I/II 116
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12%
*Charges include overhead and profit
Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and costs by 5%
after December 31, 2020.
Exhibit C.
Insurance
1. Firm's Insurance
Firm shall procure and maintain, for the duration of the Contract and any maintenance period,
insurance against claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Firm, his agents, representatives,
employees or subcontractors.
A. Minimum Scope of Insurance:Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of
Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary,non-
contributory additional insured coverage shall be confirmed through the following required policy
endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13.CG 20 37-
Completed Operations.
1) Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village
named as additional insured,on a form at least as broad as the ISO Additional Insured
Endorsement CG 2010 and CG 2026
2) Insurance Service Office Business Auto Liability coverage form number CA 0001,Symbol 01"Any
Auto."
3) Workers'Compensation as required by the Labor Code of the State of Illinois and Employers'
Liability insurance.
4) Owners and Contractors Protective Liability(OCP) policy with the Village of Buffalo
Grove as insured.
5) Builder Risk Property Coverage with Village as loss payee
6) Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of a
claim for bodily injury,property damage or remediation costs from an incident at, on or
migrating beyond the contracted work site. Coverage shall be extended to Non-Owned Disposal
sites resulting from a pollution incident at,on or mitigating beyond the site;and also provide
coverage for incidents occurring during transportation of pollutants.
B. Minimum Limits of Insurance: Firm shall maintain limits no less than:
1) Commercial General Liability:$1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage.The general aggregate shall be twice the required
occurrence limit. Minimum General Aggregate shall be no less than$2,000,000 or a
project/contract specific aggregate of$1,000,000.
2) Business Automobile Liability:$1,000,000 combined single limit per accident for bodily injury and
property damage.
3) Workers'Compensation and Employers' Liability:Workers'Compensation coverage with
statutory limits and Employers'Liability limits of$500,000 per accident.
4) Owners and Contractors Protective Liability(OCP):$1,000,000 combined single limit per
occurrence for bodily injury and property damage.
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5) Builder's Risk: Shall insure against"All Risk" of physical damage, including water
damage (flood and hydrostatic pressure not excluded), on a completed replacement
cost basis.
6) Environmental Impairment/Pollution Liability:$1,000,000 combined single limit per occurrence
for bodily injury,property damage and remediation costs
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Village.At the
option of the Village,either:the insurer shall reduce or eliminate such deductibles or self-insured retentions
as it respects the Village, its officials, agents, employees and volunteers; or the Firm shall procure a bond
guaranteeing payment of losses and related investigation, claim administration and defense expenses.
D.Other Insurance Provisions
The policies are to contain, or be endorsed to contain,the following provisions:
1) General Liability and Automobile Liability Coverages:
The Village, its officials,agents, employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Firm; products and
completed operations of the Firm; premises owned, leased or used by the Firm;or automobiles
owned, leased, hired or borrowed by the Firm.The coverage shall contain no special limitations
on the scope of protection afforded to the Village, its officials, agents,employees and volunteers.
2) The Firm's insurance coverage shall be primary and non-contributory as respects the Village, its
officials,agents, employees and volunteers.Any insurance or self-insurance maintained by the
Village,its officials,agents,employees and volunteers shall be excess of Firm's insurance and
shall not contribute with it.
3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the Village, its officials, agents, employees and volunteers.
4) The Firm's insurance shall contain a Severability of Interests/Cross Liability clause or language
stating that Firm's insurance shall apply separately to each insured against whom claim is made
or suit is brought,except with respect to the limits of the insurer's liability.
5) If any commercial general liability insurance is being provided under an excess or umbrella
liability policy that does not"follow form,"then the Firm shall be required to name the Village,
its officials,employees, agents and volunteers as additional insureds
6) All general liability coverages shall be provided on an occurrence policy form.Claims-made
general liability policies will not be accepted.
7) The Firm and all subcontractors hereby agree to waive any limitation as to the amount of
contribution recoverable against them by the Village. This specifically includes any limitation
imposed by any state statute, regulation,or case law including any Workers'Compensation Act
provision that applies a limitation to the amount recoverable in contribution such as Koteckiv.
Cyclops Welding
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E. All Coverages:
1) No Waiver. Under no circumstances shall the Village be deemed to have waived any of the
insurance requirements of this Contract by any act or omission, including, but not limited to:
a. Allowing work by Firm or any subcontractor to start before receipt of
Certificates of Insurance and Additional Insured Endorsements.
b. Failure to examine,or to demand correction of any deficiency,of any
Certificate of Insurance and Additional Insured Endorsement received.
2) Each insurance policy required shall have the Village expressly endorsed onto the policy as a
Cancellation Notice Recipient.Should any of the policies be cancelled before the expiration date
thereof, notice will be delivered in accordance with the policy provisions.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A-,VII and licensed to do
business in the State of Illinois.
G. Verification of Coverage
Firm shall furnish the Village with certificates of insurance naming the Village,its officials,agents,
employees, and volunteers as additional insured's and with original endorsements, affecting coverage
required herein. The certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf.The certificates and endorsements are to be received
and approved by the Village before any work commences. The Village reserves the right to request full
certified copies of the insurance policies and endorsements.
H. Subcontractors
Firm shall include all subcontractors as insured's under its policies or shall furnish separate
certificates and endorsements for each subcontractor.All coverage's for subcontractors shall be subject to all
of the requirements stated herein.
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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 not less than $1,000,00 each claim with respect to
negligent acts, errors and omissions in connection with professional services to be provided under
the contract,with a deductible not-to-exceed$50,000 without prior written approval.
2) If the policy is written on a claims-made form,the retroactive date must be equal to or preceding the
effective date of the contract. In the event the policy is cancelled, non-renewed or switched to an
occurrence form, the Firm shall be required to purchase supplemental extending reporting period
coverage for a period of not less than three(3)years.
3) Provide a certified copy of actual policy for review.
4) Recommended Required Coverage(architect, engineer, surveyor, consultant): Professional liability
insurance that provides indemnification and defense for injury or damage arising out of acts,errors,
or omissions in providing the following professional services, but not limited to the following:
a. Preparing, approving or failure to prepare or approve maps, drawings, opinions, report,
surveys,change orders,designs or specifications;
b. Providing direction, instruction, supervision, inspection, engineering services or failing to
provide them, if that is the primary cause of injury or damage.
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