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2021-09-20 - Ordinance 2021-068 - AUTHORIZING A DESIGN CONTRACT WITH CRAWFORD, MURPHY & TILLY, INC. (quiet zone) ORDINANCE NO.2021-068 AN ORDINANCE AUTHORIZING A DESIGN CONTRACT WITH CRAWFORD,MURPHY&TILLY INC., WHEREAS,the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS,the Village seeks to enter into a Design Contract with Crawford, Murphy&Tilly, Inc.for the design, permitting, and agency coordination of crossings along the CN Railway's Quiet Zone, NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. The Village Manager is authorized to enter into a Design Contract with Crawford, Murphy & Tilly, Inc. (CMT)for design of median crossings at various crossing locations along the CN Railway's Quiet Zone, at a price not to exceed $55,998.80, pending attorney review. SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and shall not be codified. AYES: 6—Stein Ottenheirner,Weidenfeld Johnson Smith Pike NAYES: 0—None ABSENT: 0—None PASSED: September 20 2021 APPROVED; Se tember 20 2021, APPROVED: Beverly Sussman, illage President ATTEST: Janet rabian,Village iClerk 2021 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made between the Village of Buffalo Grove,whose address is 51 Raupp Boulevard, Buffalo Grove, IL 60089 hereinafter called the CLIENT and Crawford, Murphy&Tilly, Inc., Consulting Engineers, 1631 W. Elfindale Street, Springfield, Missouri 65807, hereinafter called the ENGINEER. WITNESSETH,that whereas the CLIENT desires the following described professional engineering, land surveying or architectural services: CMT has prepared a contract for services for the design raised medians at various Highway-Rail Grade Crossing Medians within the Lake County Quiet Zone Corridor,from Wheeling,IL to Antioch,IL by March 1,2022.This project includes the coordination with county, state, federal agencies and the CN Railway to receive design approvals and Right-of-Way construction permits. CMT will prepare Engineering Drawings,Specifications,and Construction Estimates for the Replacement of Quiet Zone-compliant Non-Traversable Curb Medians(NTCM).CMT will coordinate with the FRA and assist with the final inspection of NTCM's to verify compliance. NOW THEREFORE,the ENGINEER agrees to provide the above described services and the CLIENT agrees to compensate the ENGINEER for these services in the manner checked below: ® On a time and expense basis in accordance with the attached Schedule of Hourly Charges which is subject to change at the beginning of each calendar year. Reimbursable direct expenses will be invoiced at cost. Professional or Subconsultant services performed by another firm will be invoiced at cost plus ten percent. ❑ At the lump sum amount of IT IS MUTUALLY AGREED THAT, payment for services rendered shall be made monthly in accordance with invoices rendered by the ENGINEER. IT IS FURTHER MUTUALLY AGREED: Engineering Consulting services will be provided in accordance with the hourly rates and service schedule provided in Attachment A. The city will authorize all work order requests as part of this contract and the not-to-exceed total for these services is set at$55,998.80 for services provided from October 2021 to April 2023. The CLIENT and the ENGINEER each binds himself, his partners,successors,executors,administrators and assignees to each other party hereto in respect to all the covenants and agreements herein and, except as above, neither the CLIENT nor the ENGINEER shall assign, sublet or transfer any part of his interest in this AGREEMENT without the written consent of the other party hereto. This AGREEMENT,and its construction,validity and performance,shall be governed and construed in accordance with the laws of the State of Illinois. This AGREEMENT is subject to the General Conditions attached hereto. IN WITNESS WHEREOF,the parties hereto have affixed their hands and seals this lleday of5CK,2021. CLIENT: / ENGINEER: VCLG/16X of vFf yu &'0 C CRA'WFOR# , MUi '?j . &TILLY,IN , Dent Name (Signature) (Signature) _ Gd �at � Steve J.Iran e,pE— 'dc+e president (Name and"Ntle') (Name and Title) I a/c I /2 02 Date Date CMT Job No. 9/29/2021 STANDARD GENERAL CONDITIONS Crawford,Murphy&Tilly, Inc. 1. 'Stand rd f Care In performing its professional services hereunder, the ENGINEER will use that degree of care and skill ordinarily exercised, under similar circumstances,by members of its profession practicing in the same-or similar locality. No other warranty,express or implied„ is made or intended by the ENGINEER'S undertaking herein or its performance of services hereunder, 2. Reuse of Iocument All documents including Drawings and Specifications prepared by ENGINEER pursuant to this Agreement are instruments of service„ They are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose Intended will be at CLIENrs sole risk and without liability or legal exposure to ENGINEER,and CLIENT shall indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorneys'fees arising out of or resulting therefrom. 3. Terminatio This Agreement maybe terminated by either party upon seven days prior written notice. In the event of termination,,the ENGINEER shall be compensated by the client for all services performed up to and including the termination date„ including reimbursable expenses, and for the completion of such services and records as are necessary to place the ENGINEER'S files in order pndfor'to protect its professional reputation. 4. Parties to theAureement The services to be performed by the ENGINEER under this Agreement are intended solely for the benefit of the CLIENT. Nothing contained herein shall confer any rights upon or create any duties on the part of the ENGINEER toward any person or persons not a party to this Agreement including, but not limited to any contractor, subcontractor, supplier„ or the agents, officers, employees, insurers,or sureties of any of them. 5. Constru'fion and Saf The ENGINEER shall not be responsible for the means, methods, procedures, techniques, or sequences of construction, nor for safety on the job site, nor shall the ENGINEER be responsible for the contractor's failure to carry out the work in accordance with the contract documents. 6. Payment Payment for services rendered shall!be made monthly in accordance with invoices rendered by the ENGINEER If payment is to be on a lump sumo basis,monthly payments will be based on the portion of total services completed during the month.. Invoices„or any, part thereof, which are not paid within 3E days after the date of issue shall bear interest at the rate of 1-1f2%for each month or fraction thereof from the date 30 days after issue to time of payment. CLIENT will pay on demand all collection costs.,legal expenses and attorneys'fees incurred or paid by ENGINEER in collecting payment,including interest, for services rendered'.. 7. Indemnification for Release of Pollutants If this project does not involve pollutants, this provision will not apply. This provision may not be deleted if the project involves pollutants. If, due to the nature of the service covered under this Agreement including the potential for damages arising out of the release of pollutants, CLIENT agrees that in the event of one or more suits or judgments against ENGINEER in favor of any person or persons, or any entity, for death or bodily injury or loss of or damage to property or for any other claimed injury' or damages arising from services performed by ENGINEER, CLIENT will indemnify and hold harmless ENGINEER from and against liability to CLIENT or to any other persons or entities irrespective of Engineer's compensation and without limitation, It is understood that the total aggregate liability of ENGINEER arising from services performed by ENGINEER shall in no event,exceed $ 0„000 or the total compensation received under this agreement whichever is greater irrespective of the number of or amount of such claims,suits,or judgments. 8. Risk,Allocaton El Check box if this does not apply The total liability, in the aggregate,of the ENGINEER and ENGINEER'S officers,directors,employees,agents and consultants,and any of them, to CLIENT and anyone claiming by, through or under CLIENT, for any and all injuries„ claims, losses, expenses or damages arising out of the ENGINEER'S services, the project or this agreement,including but not limited to the negligence„errors, omissions,strict liability,or breach of contract of(ENGINEER or(ENGINEER'S officers,directors,employees, agents or consultants, or any of them, shall not exceed the total compensation received by ENGINEER under this agreement, or the total amount of $50,000,whichever is greater. " 9. Pmo'eot`S hedul' and Si o- Based on the schedule objectives provided by CLIENT,ENGINEER will develop a schedule of important milestones as necessary for the project for CLIENT'S review and approval. ENGINEER will monitor performance of services for conformance with the schedule and will notify CLIENT of any necessary changes to or deviations from the schedule.Where required by approved project schedule, ENGINEER will present the required deliverables and complete the required tasks at the appropriate intervals for CLIENT'S review and approval prior to payment. 9/29/2021 ATTACHMENT ����PE��F�N��� ' QZTMR'u004g1 Crossing Median Replacements �w���*��B��� � Village of Buffalo,Grove,Illinois GENERAL,PROJECT INFORMATION,& FEATURES The scope of services provided has been ti bed based on a requestbm perform Quiet Zone Crossing Non,-Traversable Curb Median Design along the �Cw Railway Waukeshau �Line WheelingAntioch, IL Medians w".i be designed�� �ned and reconstructed the FRA recommendations outlines in th�2,02i Notice of Affirmation/Corrective Action Plan at the following 11 at-grade rail crossings along the corridor: ° Wheeling o Hintz Dd—R8iDcp\aucNTCM(Both Sides) 0, Buffalo Grove/Prairie View o Doerfi6dPkvy—R&Rey\mceNTCM(Both Sides) o Half Day Rd—D&Rep|ace NTCM(Both Sides) • Mundelein o Duttofic|dRd—R&Rep|uuoNTCM(Both Sides) o STH60/To*uliucRd—D&lloplucoNTCM(Both Sides) o /\UuuoouQd—D&Dep|mcoNTCM(Both Sides) • Libertyville o Pete,00uBd—Mououuble Median Pylons(Both Sides) o Winchester Dd—Mountable Median Pylons(Both Sides) * Round Lake Beach o Hook Drive—R&Reyluue NTCM(Both Sides) • Lake Villa o Grass Lake Road—Mountable Median Pylons(East Side) ° Antioch o North Ave—R&ReyiaueNTCK4(Both Sides) The limits of the QZ Median Replacements are defined below.The scope of services provided below include final design plans, agency coordination and cost estimating. Estimated Proigqt Construction Cost: TDD QZ Coalition Partners — Village of Buffalo Grove as Lead Client/ Contract Administration Proiect Schedule: Draft Final Plans due 12/3/2U21. Final PG&E Plans due 3/1/2O22. i Project Urrifts: The improvement limits for the Improvements are on the followd�gu . Project litnits include the full QuietZoneCoffidorfrom to � Antioch, AL. Medians will be design for om/s at the above listed crossings aa outlined ir the 202/ Notice ofAffirmation. � Professional Sprvices Fee: Payment to CMT upon completion of services at o Standard Hourly Rate, Not to Exceed $65,998.80. Invoices will be submitted monthly for progress payments ho the amount of work billed to'dotm. QZ�ROSSJAfG NON-TRAVERSABLE CURB MEDIAN LNLCVJ DESIGN 1. Project Management&AMministnobon 1 A. The consultant will facilitate project meetings with the six Quiet Zone coalition partners involved in the Median Replacements throughout the design&permitting process(Assume 2 virtual mmeetinge). B. The Consultant will Develop&Implement a Quality Assurance Plan for the Project. C. The Consultant shall prepare monthly invoices using the Standard Invoice Template "Attachment A" Page of 8/18m021 ATTACHMENT A-SCOPE OF WORK QZ THR-000481 Crossing Median Replacements Village of Buffalo Grove Illinois 2. Data Collection A. The client(s)will provide all aerial photography, survey and GIS land boundary data for the project that they currently have access of to the consultant.The consultant will seek to obtain other survey, lidar,and aerial data available for download at the start of the project. B. The consultant will obtain and download available GIS Data for use in construction plans. C. The consultant will obtain field survey measurements of adjacent storm inlets and utilities, as necessary to supplement aerial photography and other data provided. 3. Plans,Specifications&Estimate A. The consultant shall develop construction drawings, specifications, and probable construction estimate. Draft Final Plans (90%) will be developed and submitted to the client(s) for review, followed by a Final Sealed PR&E Submittal with all revisions incorporated. Engineering Plans will be designed per IDOT, ICC, CN Railway, Lake County, and/or Local' Design Requirements for At- Grade Rail Crossings. The plans will include the following sheets (excluding sign sections, landscaping,and traffic or RR signal design): i. Title Sheet ii. General Notes iii. Typical Sections iv. Summary of Quantities V. Roadway Plan Sheets vi. Traffic Control Sheets vii. Erosion Control Sheets B. The Consultant shall prepare and submit all necessary Job Special Provisions. C. The Consultant shall prepare and submit an Engineer's Opinion of Probable Construction Cost estimate. D. The consultant shall prepare and submit the following deliverables to the client(s): i. Draft Final Plans(90%) ii. Quantity Takeoffs iii. Disposition to Review Comments iv. Final Signed&Sealed Engineering Plans V. Final Signed&Sealed Engineering Specifications vi. Engineer's estimate of probable construction cost 4. Agency Coordination&Permitting A. The Consultant shall coordinate with the necessary agencies for permitting and approvals. The consultant will facilitate coordination meetings with agency stakeholders(ICC, IDOT,&FRA)during the design of the project(Assume 2 virtual meetings), The consultant will prepare IDOT & LCDOT permits on applicable routes and make plan revisions, as necessary; No direct permit payment is included in this scope and is anticipated to be borne by the client(s), if required by IDOT. B. The Consultant shall coordinate with the CN Railway for Public Project Permitting for each Non- Traversable Curti Median. A coordination meeting with the CN Rahway will be held to verifjr requirements and streamline the approvals process(Assume 1 virtual meeting). C. The consultant shall prepare and submit CN Railway Permit Applications for each NTCM Crossing location. Permit applidabons will not be initiated until directed so by the client(s). The consultant shall revise plans as necessary based on CN Railway reviews and resubmit plans for approval.The client(s)will directly sign, execute and send payment for any necessary permits. 5. Bidding&Construction Phase A. The consultant shall provide assistance in responding to Requests for Information (RFI)during the Bidding Process(Assume 5). "Attachment A" Page 2 of 3 8/18/2021 ATTACHMENT A-SCOPE OF WORK QZ THR-000481 Crossing Median Replacements Village of Buffalo Grove Illinois B. The consultant will attend the Pre-Construction Meeting prior to the Construction Notice to Proceed. C. The consultant will assist with RFI's and tither engineering design assistance during construction. No effort is included for construction management, ongoing inspection, material testing or construction RR entry permits. U The consultant will attend the final walkthrough and compliance punch-list with the client(s), Labe County, DOT, and the FRA Coordination with the FRA will be facilitated to document tuhal. compliance and close-out the 2020 Quiet Zone Non-Compliance Report. "Attachment A" Page 3 of 3 8/18/2021