2022-06-20 - Ordinance 2022-065 - WAIVING BIDDING AND AUTHORIZING AN AGREEMENT WITH SAFE STEP, LLC. ORDINANCE NO. 2022-065
AN ORDINANCE WAIVING BIDDING AND AUTHORIZING AN AGREEMENT WITH SAFE STEM' LLC.
WHEREAS,the Village of Buffalo Grove is a home rude unit pursuant to the Illinois Constitution of
1970; and
WHEREAS, the Village seeks to enter into an Agreement for services with Safe Step, LLC. for the
inspection,documentation,and repair of sidewalk deficiencies subject to final review and approval by the
Village Attorney,
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND FAKE COUNTIES, ILLINOIIS,as follows..
SECTION I 1 The foregoing recitals are hereby adapted 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 Professional Services Agreement with Safe
Step, LLC.for inspection,documentation,and repair services at a price not to exceed$250: ,000.00, subject
to final review and approval by the Village Attorney,
SECTION 3. If .any section, paragraph, clause or provision of this Ordinance shall be held i 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: 5—Ottenheimer ' eidenfeld Johnson Smith Pike
NAPES. G—None
ABSENT: 1 —Stein
PASSED: June 20.2022
APPROVED: June 20.2022
APPROVED.
Beverly Sussfna Village President
ATTEST:
Janet Kt..5 ,ion,Village,. erk
Professional Services Agreement
This Professional Services Agreement (this "Agreement") is made and entered into as of the
ZQO day of June
K 22 - (the "Effective Date"), by and between The Villa e..qf
j39ffWq GrQvgjL1irjois (the "Client") and Safe Step- of Wisconsin (the "Service Provider"'),
1. Description of Services. Service Provider agrees to provide the services set forth in
Exhibit A. In providing services, Service Provider agrees to provide Service Provider's own
equipment and other materials at Service Provider's own expense, Service Provider agrees
to exercise the highest degree of professionalism and utilize Service Provider's best efforts
and expertise in performing these services,, Service Provider may not subcontract or
otherwise delegate its, obligations under this Agreement without Client's prior written
consent.
2, Payment for Services. Client will pay compensation to Service Provider for the services
completed for an amount not to exceed $250,,000.00. Service Provider will provide invoices
to Client at different completed stages during the project, Payment is due within 30 days of
the invoice date. Payment for Consultation, Evaluation, Data Coliection, Documentation,
and Deliverables (Exhibit A - 1, 2, 3) will be based on 27% of the actual approved budget.
Payment for the performance of the horizontal saw Cutting repairs (Exhibit A - 4) will be
based on the unit cost of$28,59, per inch-ft, (The unit inch-ft. is determined by the average
displacement of the slab measured in inches, multiplied by the length of the repair
measured in feet.)
3. Term/Termination. The term of this Agreement shall be from the Effective Date of this
Agreement until completion of the Services and payment therefore by Client. Bther party
may terminate this Agreement rrnmediately in the event that the other party has materially
breached the Agreement,
4, Relationship. Service Provider's relationship with Client will be that of an independent
contractor, and nothing in this Agreement should be construed to create a partnershiip, joint
venture, or employer-employee relationship, Service Provider is not an agent or
representative of Client (except as specifically set forth in this Agreement); is not authorized
to snake any representation, contract or commitment on behalf of Client; will not be entitled
to any of the benefits that CHent makes available to its employees, such as group insurance
or retirement benefits (and waives the right to receive any such benefits); and will be solely
responsible for all tax returns and payments, required to be filed with or made to any U.S.
federal, state, or local tax authority with respect to Service Provider's performance of
services and receipt of fees under this Agreement,
5. Expenses. Seirvk.e Provider shall be responsible for Sill expenses incurred in performing the
services under this Agreement,
Professional Services Agreement
6. Injuries/Insurance. The Service Provider acknowledges the Service Provider's obligation
to obtain appropriate insurance coverage for the benefit of the Service Provider and its
employees. The Service Provider waives any rights to recovery from Client for any injuries
that the Service Provider and its empBcyees may sustain while performing services under
this Agreement and that are a result of the negligence of the Service Provider or its
employees. Service Provider will provide Client with a certificate naming Client as an
additional insured party, Service Provider shall maintain insurance in such amounts and of
such types as are customarily held by persons engaged in the same or a similar kind of
business similarly situated or as required by Client.
7. Indemnification. The Service Provider shall defend, indemnify and hold harmless Client, its
elected officials, officers, employees and agents from any liability, claims, demands, suits,
penalties, personal injury, judgments and costs of any kind whatsoever, arising out of, or in
any way resulting from, the acts or omissions of the Service Provider, its officers,
employees and agents, with respect to Service Provider's provision of services under this
Agreement, provided; however, that the Service Provider shall not be required to indemnify
or defend Client for any claims made against client under the American Disabilities Act
after completion of the. work, The provisuons of this section shall survive any termination of
this Agreement.
8, Severabillity. If any provision of:this Agreement shall be held to be invalid or unenforceable
for,any reason, the remaining provisions shall continue to be valid and enforceable. If a
court finds,that any provision of this Agreement is invalid or unenforceable, but that by
limiting such provision it would become valid and enforceable, then such provision shall be
deemed to be written, construed, and enforced as so limited.
9, Applicable Law. This Agreement shall be governed by the laws of the State of 11106s.
Service Provider hereby expressly consents to personal jurisdiction and venue in the state
and federal courts for the county in which Client's principal place of business is located for
any lawsuit filed which arises from or relates to this Agreement,
10. Miscellaneous. This Agreement may not be assigned without the written consent of the
other party. Service Provider's services are personal in nature and may not be assigned or
delegated to any other person. This Agreement represents the entire Agreement between
the parties and supersedes any prior oral or written: understandings with respect to the
Services. 'T'Ns Agreement may only be amended by an agreement signed in writing by all of
the parties hereto. Upon execution, this Agreement will be a valid and binding obligation of
each party and enforceable in accordance with its terms.
[Exhibit A Follows]
Professional Services Agreement
Exhibit A
1. Consultation
1, Safe Step LLCM will provide recommendations for sidewalk prograrn best practices
based on CUrrent ADA and PI OWAG standard
2, Safe Step LLC will consult with Client to determine sidewalk defect identification
criteria to be used in evaluating, sidewalks; Final identification criteria will be
approved by Client
2. Sidewalk Evaluation
1, Using Client's approved sidewalk defect criteria, the sidewalk evaluation will identify
and document locations for removai and replacernent, sidewalk panel liffing, and
horizontal saw-cutting
2. Safe Step LLCM wit evaluate the srdewalk locations in the order of priority, as
determined by Client, Until the approved budget is met
3. Identified defects will be recorded with relevant measurements, address, GPS
coordinates, important notes, and a photo of the defect
3. Documentation and Delliverables
1. Follcwing the completion of the evakiation, Safe Step IL.LC will provide the sidewalk
defect data through their proprietary online sidewalk management tool, allowfing
Client to review, make notes, and confirms the preferred repair type for each defect
2, File types compatible with Client's GS, system will be provided
3. An executive summary of the program results will be delivered to confirm Client
objectives were achieved and provide decision-rnaking information for future
program phase
4. Perform: Horizontal Saw-Cutting Repairs
1. Safe Step LLCM's proprietary online sidewalk management tool allows Client to
monitor the saw-cutting in real-fin-le, providing defect completion status as well as
repair photos and finiestarrips for qUaRy assurance
2. Horizontal saw-cutting repairs will be made using the proprietary Precision Concrete
Cutting Method; Safe Step LL.0 is the only entity in Wisconsin, Northern Illinois, and
Southeast Minnesota authorized to use the Precision Concrete Cutting method for
removing sidewalk trip hazards as described by the fofloW�ng patent numbers: U,S.
Pat. No, 6,827,074, U.& Pat, No. 7,000,606, U.S. Pat. INo. 7,143,760, UI,S, Pat. No.
6,896,604, U.S, Pat, No, 7,201,644, U.S. Pat, No, -1,402,095, These patents refer to
the equipment, methods, and dust abatement systems used by Safe Step LLC.
[Signature Page Follows]
SERViCE PR
Signature:
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Title:
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Date:
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Signature:y_,��;
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Title: 'Village M�anager
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Date:
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