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2003-40RESOLUTION NO. 2003-40 • A RESOLUTION ACCEPTING A PROPOSAL FOR STREET LIGHTING DESIGN ENGINEERING SERVICES FOR THE IMPROVEMENT OF ILLINOIS ROUTE 22 WHEREAS, the Illinois Department of Transportation has instructed the Village of Buffalo Grove to have a street lighting design completed in accordance with a rapid schedule; and, WHEREAS, the Village of Buffalo Grove desires to accommodate the rapid implementation of the Illinois Route 22 improvement; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK COUNTIES, ILLINOIS, as follows: Section 1. The Letter Proposal from Burns & McDonnell dated October 10, 2003 is hereby approved. Section 2. A copy of said proposal is attached hereto and made a part hereof. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 0 - None PASSED: October 20 , 2003 APPROVED: October 20 , 2003 APPROVED: Village President ATTEST: Village Clerk G: \P WDIRGRP \LHC\IL22\res03.doc October 10, 2003 Gregory P. Boysen Director of Public Works Village of Buffalo Grove 51 Raupp Blvd Buffalo Grove, IL 60089 Village of Buffalo Grove, Illinois Consulting Services for Route 22 Lighting Design Dear Mr. Boysen: VILLAGE OF BUFFALO GROVE OCT 2, 3 2003 PW ADMIN Per your request, we are pleased to provide this proposal for consulting services for the above referenced project. Scope of Services The following is the Scope of Services to be provided by Burns & McDonnell: Project Initiation Meeting/Data Gathering The project would begin with an initial kick -off meeting that would serve to discuss and agree to the goals of the project and the design requirements. The project team would tour the project site with Village staff to discuss specific elements and locations for the project. This site visit will also include an examination of the existing electrical services, locations and conditions, and the existing light fixtures and poles. Calculations This task will include evaluation of the required light spacing via LumenPro, IDOT's approved lighting design software. The output will be developed in a suitable manner for submittal to IDOT Bureau of Electric (BOE) for review and approval. This task will also include preparation and quality review of voltage drop and any other required electrical calculations. Design Plan and Specification Preparation This task will include obtaining the base plan sheets from TY Lin; creating base sheets for the purpose of plan sheet preparation; development of specifications, bills of materials, and cost estimates. This will include the following locations along Route 22: From Station Design Tas k 100 +725 to 101 +450 New lighting throughout entire corridor 101 +450 to 101 +600 Relocation of poles to accommodate new construction. Salvage of as many poles through this zone as possible to economize on construction costs. 101 +600 to 102 +100 11 " 102 +100 to 102 +850 This section should remain as is for the most part, 2601 West 22nd Street Oak Brook, Illinois 60523 -1229 Tel: 630 990 -0300 Fax: 630 990 -0301 www.burnsmcd.com except in specific locations to accommodate specific utility conflicts. 102 +850 to 103 +875 New lighting throughout entire corridor This will include a preliminary submittal, a pre -final submittal and a final submittal. Any additional submittals will be considered outside the scope of work and may require an additional fee. Meetings This project will include the following meetings: • Kick -off meeting (shown above) • One meeting with IDOT BOE • Two meetings with IDOT Bureau of Design, TY Lin and Buffalo Grove. Responsibilities of Buffalo Grove: It is our understanding each community will provide the following: • Provision of full information as to the requirements for the Project. • Provision of data as requested to complete the project. • Designation in writing of a person to act as the Village's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. Compensation A. Amount of Payment: For the Scope of Services described herein, the Village of Buffalo Grove shall compensate Burns & McDonnell in the lump sum amount of $17,604. B. Statements: Invoices corresponding to a percent complete, will be submitted in Burns & McDonnell's standard format on a monthly basis. General Considerations The attached Terms and Conditions for Professional Services are incorporated in and made a part of this Agreement. This Agreement becomes effective when signed by both parties and can be amended only by written authorization signed by both the Village of Buffalo Grove and the President or a Vice President of Burns & McDonnell. If this proposal is satisfactory, please have an appropriate Village official sign and date this document and return one signed copy to us to effect an Agreement. We appreciate the opportunity to serve the Village of Buffalo Grove. If you have any questions regarding this proposal, please contact Laura McGovern at (630) 990 -0302 x225. Sincerely, 494YA4 tlo-- Laura L. McGovern, P.E. Stephen M. Linnemann, P.E. Project Manager Vice President ( i tie) CCT Z312oo3 (Date) iois r i BURNS & MCDONNELL ENGINEERING COMPANY INC. TERMS AND CONDITIONS FOR PROFESSIONAL CONSULTING SERVICES Date of Letter, Proposal or Agreement: 10/10/03 Client: Village of Buffalo Grove Illinois Project: Professional Engineering Services for Lighting Design 1. SCOPE OF SERVICES For the above - referenced project, Bums & McDonnell Engineering Company, Inc. ( "Engineer") will perform the services set forth in the above - referenced Letter, Proposal or Agreement, of which these Terms and Conditions are a part. 2. PAYMENTS TO ENGINEER A. Compensation will be as stated in the above - referenced Letter, Proposal or Agreement. Statements will be in Engineer's standard format and are payable upon receipt. ^ l,, ,t mo „ay ar99 1h.11 la addAd to nil +� ♦ ­:,a ,. Eti: on a...... ient. Payment shall be in accordance with the State of Illinois Prompt Payment Act. B. Taxes as may be imposed by state and local authorities, other than federal and state income tax and Kansas City, Missouri earnings tax, shall be in addition to the payment stated in the above- referenced Letter, Proposal or Agreement. 3. INSURANCE A. During the course of performance of its services, Engineer will maintain Worker's Compensation insurance with limits as required by statute, Employer's Liability insurance with limits of $1,000,000 and Commercial General and Automobile Liability insurance with combined single limits of $1,000,000. B. If the Project involves on -site construction -phase services by the Engineer, construction contractors shall be required to provide (or Client may provide) Owner's Protective Liability Insurance naming the Client as a Named Insured and the engineer as an additional insured or to endorse Client and Engineer as additional insureds on construction contractor's liability insurance policies covering claims for personal injuries and property damage. Construction contractors shall be required to provide certificates evidencing such insurance to the Client and Engineer. C. OWNER and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER'S services. If the services result in a Construction Phase, a provision similar to this shall be incorporated into all Construction Contracts entered into by OWNER, and all construction Contractors shall be required to provide waivers of subrogation in favor of OWNER and ENGINEER for damage or liability covered by any construction Contractor's policy of insurance. 4. INDEMNIFICATION A. Client agrees that it will require all construction contractors to indemnify, defend and hold harmless Client and Engineer from any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, its employees, agents, subcontractors and suppliers. B. If this project involves construction and Engineer does not provide engineering services during construction including, but not limited to, on -site monitoring, site visits, shop drawing review and design clarifications, Client agrees to indemnify and hold harmless Engineer from any liability arising from this Project or Agreement. 5. PROFESSIONAL RESPONSIBILITY A. Engineer will exercise reasonable skill, care and diligence in the performance of its services and will carry out its responsibilities in accordance with customarily accepted good professional engineering practices. If the Engineer fails to meet the foregoing standard, Engineer will perform at its own cost, and without reimbursement from Client, the professional engineering services necessary to correct errors and omissions caused by Engineer's failure to comply with above standard and reported to Engineer within one year from the completion of Engineer's services for the Project. No warranty, expressed or implied, is included in this agreement or in any drawing, specification or opinion produced pursuant to this agreement. B. In no event will Engineer be liable for any special, indirect or consequential damages including, without limitation, damages or losses in the nature of increased Project costs, loss of revenue or profit, lost production, claims by customers of Client or governmental fines or penalties. C. The Engineer's aggregate liability for all damages connected with its services for the Project not excluded by the preceding subparagraph will not exceed $50,000 or the compensation paid for services, which ever is greater. D. The obligations and remedies stated in this Paragraph 5, Professional Responsibility, are the sole and exclusive obligations of Engineer and remedies of Client, whether liability of the Engineer is based on contract, warranty, strict liability, tort (including negligence), indemnity or otherwise. E. In no event will ENGINEER be liable for any special, indirect, or consequential damages including, without limitation, damages or losses in the nature of increased Project costs, loss of revenue or profit, lost production, claims by customers of OWNER, or governmental fines or penalties. 6. ESTIMATES AND PROJECTIONS Engineer's estimates and projections of construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on Engineer's experience, qualifications and judgment. Since Engineer has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction contractor's procedures and methods, and other factors Engineer does not guarantee the accuracy of its estimates and projections 7. ON -SITE SERVICES Project site visits by Engineer during construction or equipment installation or the furnishing of Project representatives shall not make Engineer responsible for constructions means, methods, techniques, sequences or procedures; for construction safety precautions or programs; or for any construction contractor(s') failure to perform its work in accordance with the contract documents. & CHANGES Client shall have the right to make changes within the general scope of Engineer's services, with an appropriate change in compensation, upon execution of a mutually acceptable amendment or change order signed by an authorized representative of the Client and the President or any Vice President of the Engineer. 9. TERMINATION Services may be terminated by the Client or Engineer by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay Engineer all amounts due Engineer for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by Engineer in terminating the services. In addition, Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid lump sum or not -to- exceed fee. 10. DISPUTES If a dispute arises relating to the performance of the services to be provided and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs of litigation, including staff time, court costs, attorney's fees and other related expenses. 11. RIGHTS AND BENEFITS Engineer's services will be performed solely for the benefit of the Client and not for the benefit of any other persons or entities. 12. ENTIRE CONTRACT These Terms and Conditions and the above - referenced Letter, Proposal or Agreement contain the entire agreement between the Engineer and Client relative to the Engineer's services for the project herein. All previous or contemporaneous agreements, representations, promises and conditions relating to the Engineers services for the project are superseded. Since terms contained in purchase orders do not generally apply to professional services, in the event the Client issues to Engineer a purchase order, no preprinted terms thereon shall become part of this agreement. Said purchase order document, whether or not signed by Engineer, shall be considered as a document for the Client's internal management of its operations. 1 of 1 02/7/02 y .'r ICI •� �I y^ y GA A � o of � O �aW p� .Ci U W� 9 a '6b W c w w 0 1 r NI � ',rI'I- Icq -1'21 °I - I -I�I�! 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