2007-05r t
RESOLUTION NO. 2007-5
A RESOLUTION APPROVING AN ENGINEERING SERVICES AGREEMENT
FOR THE LINDEN AVENUE LIFT STATION
GENERATOR AND STATION REPLACEMENT
WHEREAS, an Engineering Services Agreement is required in order to proceed
with the Linden Avenue Lift Station Generator Replacement and Station Replacement
project;
NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of
Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois as follows:
Section 1. The November 30, 2006 letter proposal from Bonestroo Devery &
Associates, RE: "Linden Avenue Lift Station - Generator and Station Replacement
Revised (2nd) Proposal for Engineering Services, Bonestroo Proposal Number M01528-
05003-0" to perform engineering services related to the completion of the project is
hereby accepted.
Section 2. The Village Manager is authorized and directed to execute the
acceptance of the above noted engineering service proposal for this project. A copy of
said engineering service proposal is attached hereto and made a part hereof.
AYES: 6 - Braiman Glover Berman, Kahn, Trilling, Rubin
NAYES: 0 -
ABSENT: 0 - None
PASSED: February 20 , 2007
APPROVED: February 20 , 2007
Approved:
Village President
ATTEST:
Village Clerk
G: \PWDIRCGRP`,L11C \LFST \Res 06 Linden Ave.doc
B017eStr00 �0 W. Winchester Road, Suite 1,06 ■ Libertyv. .L 60048
0 DeveCy & ffice: 847 - 816-1631 ■ Fax: 847 - 816 -3762
Associates www.bonestroo.com
Engineers •.Architects
November 30, 2006 =
Mr. Gregory P. Boysen; P.E.
Director of Public Works _ -
Village of Buffalo Grove
51 Raupp Boulevard, `
Buffalo Grove, Illinois 60089
Re: Linden Avenue Lift Station Generator. and Station Replacement
Revised (2. ' a) Proposal for Engineering Services
Bonestroo Proposal Number M01528- 05003 -0
Dear: Mr. Boys en:
This revised proposal is being submitted in response to your request regarding the installation of
a new lift station and generator at Linden Avenue. This proposal is being updated from the
previous proposal of March 24; 2006 to reflect an upward adjustment in our compensation. This
adjustment is b_ ased on increases in staff wages, direct expenses for mileage and subconsultant
fees since the majority of the work will now take place in calendar year 2007.. Our Project
Understanding and proposed Scope of Services are unchanged and based on information
provided in our letter report of January 13, 2006:
Project Understanding
The existing lift station > a duplex wet well/ well -type system that will be replaced by a new
wet well/submersible pump lift station system with a new above ground control panel. The new
pumps will be designed for 34 feet of Total Dynamic Head (TDH). The existing back -up power. .
for the lift station was provided by a diesel fueled generator that will be replaced with a 35
- kilowatt (KW) diesel- fueled unit housed in an ' above- ground walk -in enclosure with a double
walled fuel tank. The work will also include a.temporary by -pass quick disconnect on the force
main in the flow meter manhole.
Proposed Scope of Services
Our proposal is to furnish the follo Wing, services:. =
1. Topographic survey and base sheet preparation
2. Lift station location selection and site design work including the by -pass quick disconnect
in the flow meter manhole
3. Utility coordination primarily with Commonwealth Edison for the new service feed.
Chicago, IL • St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI
Affirmative Action /Equal Opportunity Employer and Employee Owned
Standard Terms and Condens
for Village of Buffalo Grove
Linden Avenue Lift Station
SECTION 1. ENGINEER'S SERVICES borings, probings and subsurface explorations;
hydrographic surveys, laboratory tests and inspections of
Bonestroo Devery & Associates ("Engineer") shall act as _ samples, materials and equipment; appropriate
the Village of Buffalo Grove's ('Owner) agent only as professional interpretations of all of the foregoing;
provided for within this Agreement. property, boundary, easement, and right -of -way surveys
and property descriptions; zoning and deed restrictions.
SECTION 2. THE OWNER'S RESPONSIBILITIES
The Owner shall:
1) Provide full information as to its requirements for the
Project.
2)
3)
4)
Furnish to the Engineer, prior to any performance by the
Engineer under this Agreement, a copy of any planning,
design and construction standards which the Owner shall
require the Engineer to follow in the conduct of its services
for the Project.
Place at Engineer's disposal all available written data in
the possession of or readily available to the Owner and
pertinent to the Project, including existing reports, plats,
surveys, contour mapping, utility mapping, record plans,
wetlands, land -use, and zoning maps, borings and other
data useful to the Engineer in the performance of its
services. .
Acquire all land, easements, and rights -of -way and
far. land supveys and the prepaFatien of legal
Rd exhibits, Gertifisater, OF plats-, as may be
necessary for the Project.
5) Provide access to the Project site and make all provisions
for the Engineer to enter upon public and private lands as
required by the Engineer to perform its services.
6)
7)
8)
9)
Examine all studies, reports, sketches, Opinions of
Probable Construction Costs, specifications, drawings,
proposals and other documents presented by the
Engineer and promptly render the Owner's decisions
pertaining to each of such documents.
Designate a single person to act as the Owner's
Representative with respect to the Engineer's services.
Such person shall have complete authority to transmit
instructions, receive information, and interpret and define
the Owners policies and decisions with respect to services
covered by this Agreement, subject to Owners governing
body approval when required by law.
Give prompt written notice to the Engineer whenever the
Owner observes or otherwise becomes aware of any
defect in the Project or any development that affects the
scope or timing of the Engineers services.
Furnish, or instruct the Engineer to provide at the Owners
expense, necessary "Supplemental Services" as may be
provided for in this Agreement, or other services as they
may be required.
10) Furnish to the Engineer, as required by the Engineer for
performance of its services, information or consultations
not covered in the Engineers Basic Services, such as core
11) Furnish approvals and permits from all governmental
authorities having jurisdiction over the Project and such
approvals and consents from others as may be necessary
for completion of the work.
12) Provide legal review of the contract documents and
provide any required accounting and insurance counseling
services for the Project.
13) Act promptly on all construction Change Orders and
provide authorization before Change Orders are issued to
the Contractor on a Project.
14) If Owner desires, furnish inspection or monitoring services
to verify that Contractor is complying with all laws or
regulations and to verify that Contractor is taking all
necessary safety precautions to protect persons and
property, as the Engineer in this Agreement does not
undertake to perform these services.
In performing its services, the Engineer may rely upon the
accuracy and completeness of all Owner - provided information.
SECTION 3. COMPENSATION
3.1 Payment for Reimbursable Expenses
Unless otherwise provided, in addition to Engineering fees, the
Owner will pay the Engineer for Reimbursable Expenses on
the basis of the Engineer's cost. Although not a complete list,
examples of Reimbursable Expenses include: the costs of
plotting drawings and the reproduction of drawings and
specifications; project - specific printing, duplicating, tabs and
indexes; testing; mileage; travel and per -diem expenses of the
Engineer for out -of -town trips required for the Project; long
distance telephone calls and faxes as required to expedite the
work; the costs for cellular phone calls /service for Engineers
field personnel on a Project; project photographs taken before
and during construction; construction stakes; postage and
delivery charges; any new taxes, fees or costs imposed on the
Engineers services (such as sales taxes) after the date of this
Agreement; and out -of- pocket expenses incurred directly for
the Project. All reimbursable expenses are sub ject
to prior Owner approval. .
3.2. Objections to Invoices /No Deductions
it is important for the Engineer to be promptly informed of
problems. If the Owner objects to any portion of an invoice,
the Owner shall notify the Engineer in writing within twenty
days of the invoice's receipt. The Owner agrees to pay any
undisputed portions of an invoice. No deductions shall be
made from the Engineers compensation on account of penalty,
liquidated damages, or other sums withheld from payment to
contractors, except as may be determined by mediation,
Revised 11/01/05 for Village of Buffalo Grove —White Pine Drainage Channel and Trail Improvement
i
arbitration, litigation or other dispute resolution mechanism to
which the Engineer is a party.
3.3 Suspension of Work
If the Owner fails to make payments when due or otherwise
breaches this Agreement, the Engineer may suspend work
after providing five days notice to the Owner. The Engineer
will not be liable for any costs or damages resulting from such
a suspension of work.
3.4. Progress Payments
The Owner will make progress payments to the Engineer in
proportion to services performed, as reasonably estimated by
the Engineer. The Engineer will invoice the Owner monthly
during the progress of the work. The Owner shall pay each
properly documented invoice of the Engineer within 39 45
days after the Owner's receipt of such invoice. Owner may not
reserve as retainage any portion of a payment due under this
Agreement.
Wool _471014141
I. e - Moz
SECTION 4. GENERAL CONSIDERATIONS
4.1. Standard of Care
The Engineer shall exercise the same degree of care, skill and
diligence in the performance of its services as is ordinarily
exercised by members of the profession under like
circumstances. Nothing in this Agreement, or otherwise
prepared as a result of the Project, shall modify the foregoing
standard of care. The Engineer shall not be required to sign
any documents that would result in it having to certify,
guarantee or warrant the existence of conditions whose
existence the Engineer cannot ascertain.
4.2. Delays
Both the Engineer and the Owner will put forth reasonable
efforts to complete their respective duties in a timely manner.
Because the Engineer's performance must be governed by
sound professional practices, the Engineer is not responsible
for delays occasioned by factors beyond its control or that
could not reasonably have been foreseen at the time of
preparation of this Agreement..
4.3. Opinions of Costs and Schedules
Since the Engineer has no control over the cost of labor and
material or over competitive bidding and market conditions, the
Engineer's Opinion of Probable Construction Cost and of
Project schedules can only be made on the basis of
experience or qualifications as a professional engineer. The
Engineer does not guarantee that proposals, bids, actual
Project costs or construction schedules will not vary from
Engineer's opinions or estimates. If the Owner desires greater
assurance as to the anticipated Construction Cost of the
Project, the Owner shall employ, or instruct the Engineer to
provide as a Supplemental Service, an independent cost
estimator.
4.4. Insurance
4.4.1. The Engineer agrees to maintain a professional
liability insurance policy for negligent acts, errors or omissions
in an amount of at least $3,000,000 per claim and $4,000,000
annual aggregate, on a claims -made basis, as 19R9 ,as -suGh
The Engineer will
not cancel the insurance until thirty days after providing the
Owner written notice.
4.4.2. The Engineer shall maintain:
1) Statutory workers compensation and employers' liability
. insurance coverage.
2) Comprehensive general liability and automobile liability
insurance coverage in the sum of not less than
$1,000,000 each.
4.4.3. Owner shall require Contractor to purchase and
maintain general liability and other insurance as specified in
the contract documents and to cause the Engineer and its
consultants to be listed as additional insureds with respect to
such liability and other insurance purchased and maintained by
Contractor for the Project.
4.5. Use of Instruments of Service
Documents (including Digital Data) prepared by the Engineer,
such as drawings, specifications and reports ( "Engineering
Documents ") are instruments of the Engineer's professional
services, and not products. The Engineering Documents are
prepared for a specific Project and may not be used by the
Owner for other Projects. For health and safety reasons, the
Owner agrees it will not use the Engineering Documents
(except for computer hydraulic or hydrologic modeling data) for
other purposes or provide them to other persons. If the Owner
violates this provision, it waives any resulting claims against
the Engineer, and agrees to defend and indemnify the
Engineer from any resulting claim or liability (including
reasonable attorneys' fees).
4.6. Digital Data
4.6.1. If included in Basic Services or Supplemental
Services and as a convenience to the Owner, the Engineer will
furnish the Owner with electronic data versions of certain
drawings or other written documents ( "Digital Data ") provided
in hard copy form. In the event of any conflict between a hard
copy document and the Digital Data, the hard copy document
governs. The Digital Data shall be prepared in the current
software in use by the Engineer and is not warranted to be
compatible with other systems or software.
3.6.2. Any Digital Data submitted by the Engineer to the
Owner is submitted for an acceptance period of 60 days
( "Acceptance Period "). Any defects that the Owner discovers
during this period and reports to the Engineer will be corrected
by the Engineer at no extra charge. For correction of defects
reported to the Engineer after the Acceptance Period, the
Owner shall compensate Engineer on an hourly basis at
Engineers normal billing rates. The Owner understands that
Revised 11/01/05 for Village of Buffalo Grove — White Pine Drainage Channel and Trail Improvement 2
the Digital Data is perishable and the Owner is responsible for
maintaining it.
4.7. Termination Suspension or Abandonment
4.7.1. The Owner or the Engineer may terminate or suspend
this Agreement for substaatial documented non-
performance by the other party, including without limitation the
failure to make payments in accordance with this Agreement.
The party terminating or suspending this Agreement shall give
seven days written notice to the other party.
4.7.2. If the Project or the Engineer's services are suspended
for more than 90 days, the Engineer may terminate this
Agreement upon seven days written notice to the Owner. The
Engineer shall have no liability on account of a suspension by
the Owner. If a suspended Project is reinstated, an equitable
adjustment to the Engineer's compensation may be necessary.
4.7.3. In the event of termination or suspension permitted by
this Agreement or abandonment of the Project by the. Owner,
the Owner shall compensate the Engineer for services
performed prior to termination, suspension or abandonment
and for services directly attributable to the termination,
suspension or abandonment itself, together with Reimbursable
Expenses. If the Owner properly terminates Engineer for
cause, Owner may withhold from Engineer's compensation
those damages directly attributable to the cause of the
termination.
4.8. Dispute Resolution
4.8.1 In an effort to resolve any conflicts that arise out of
the services under this Agreement, all disputes between the
Owner and the Engineer arising out of or relating to this
Agreement shall be submitted to nonbinding mediation prior to
commencing arbitration or litigation. The Mediator's fee shall
be shared equally and mediation shall proceed only at a place
where arbitration or litigation is proper. Mediation shall not be a
condition precedent to arbitration or litigation if a party refuses
to make reasonable arrangements for a mediation within 20
days of demand by the other party. If a dispute relates to or is
the subject of a lien arising out of the Engineer's services, the
Engineer may proceed in accordance with applicable law to
comply with the lien notice or filing deadlines prior to resolution
of the matter by mediation or arbitration.
4.8.2 Unless the Owner and the Engineer mutually agree
otherwise, all claims, disputes, and other matters in question
arising out of or relating to this Agreement which are not
resolved by mediation and where the amount in controversy is
less than $1,000,000, shall be decided by binding arbitration in
accordance with the then -most current Construction Industry
Rules of the American Arbitration Association. The arbitrators
will not have jurisdiction, power or authority to consider any
claim or dispute: (a) where the amount in controversy is more
than $1,000,000 (exclusive of interest and costs); (b) when the
demand for arbitration is made after the date when a court
action would be barred by any applicable statute or period of
repose or limitations; or (c) when the claim or dispute is a claim
for contribution or indemnity arising out of a claim by a third
party who does not consent to join in arbitration.
4.8.3 In the event of litigation or arbitration arising from or
related to the services provided under this Agreement, the
prevailing party is entitled to recovery of all reasonable costs
incurred, including staff time, court costs, attorney's fees and
other related expenses.
4.8.4. If the Engineer or the Owner intends to assert a claim
against the other as a result of a dispute with a third party, the
claiming party shall notify the other party as soon as possible,
and in any event prior to resolving the dispute with the third
party.
4.8.5. So that any claims of the Owner may be intelligently
addressed by the Engineer, the Owner agrees to make no
claim for professional negligence against the Engineer unless
the Owner has first provided the Engineer a written certification
signed by an independent design professional licensed in
Illinois and currently practicing in the same discipline. The
certification shall specify every act or omission of the Engineer
that is a violation of the applicable standard of care and the
basis for the certifier's opinion(s). This certificate shall be
provided no fewer than 30 days prior to instituting arbitration or
suit.
4.8.6. Causes of action between the Engineer and the
Owner relating to acts or failures to act shall be deemed to
have accrued and the applicable statute of limitations shall
commence to run not later than the date of substantial .
completion of a Project.
4.9. Hazardous Substances - -- --
The Engineer's scope of services does not include any
services related to hazardous or toxic materials, including
asbestos and PCBs. If it becomes known that such materials
may be present at or near a Project that may affect the
Engineer's services, the Engineer may suspend performance
of its services, without liability, and will assist the Owner-to,
retain appropriate consultants to adequately identify and abate
such materials so that Engineer's services may resume.
Nothing in this Agreement shall be construed to require the
Engineer to: (a) assume the status of a generator, storer,
transporter, treater, or disposal facility as those terms appear
within the Resource Conservation and Recovery Act, 42 USC
6901 et seq, as amended, or within any state statute governing
the generation, treatment, storage and disposal of waste; or (b)
arrange for the transportation, treatment, or disposal of
hazardous substances, as described in the Comprehensive
Environmental Response, Compensation and Liability Act, 42
USC 9601, et. seq, as amended. The Owner agrees to defend,
indemnify and hold harmless the Engineer, its employees,
subcontractors and agents from all claims,. losses, damages
liability and costs, including attorneys fees, relating to or arising
out of hazardous or toxic materials at or near a Project.
4.10. Governing Law
This Agreement shall be governed by the laws of the State of
Illinois and any dispute or dispute resolution process shall be
venued in L4ber4uille Buffalo Grove, (Cook County),
111inois.
4.11. 'Intearation
This is an integrated Agreement and it supersedes all prior
negotiations or agreements between the parties. It shall be
modified only by a written document signed by the party sought
to be bound. The provisions of this Agreement are severable,
and if any provision is found to be unenforceable, the
Revised 11/01/05 for Village of Buffalo Grove —White Pine Drainage Channel and Trail Improvement
remaining provisions continue to be valid, and the
unenforceable provision shall be reformed with a valid
Provision that comes as near as possible to expressing the
intention of the unenforceable provision.
4.12. Assignment and Waiver
Except for the Engineer's use of necessary consultants, the
Engineer and the Owner shall not assign or delegate their
respective obligations under this Agreement without the written
consent of the other party, which consent shall not be
unreasonably withheld. The waiver of any term or condition or
breach thereof by either party shall not constitute a waiver of
any other term or condition or breach thereof.
4.13. Engineer's Services
In performing professional engineering and related services,
the Engineer is not engaged in rendering legal, insurance, or
accounting services or advice. The Owner agrees that
documents prepared by the Engineer, including reports,
bidding materials, and form contracts will be reviewed by the
appropriate representative of the Owner, such as the Owner's
attorney, insurance counselor or other consultants, to the
extent that Owner deems necessary to protect its interests.
4.14. Government Agencies
The Engineer shall not be liable for damages resulting from the
actions or inactions of government agencies, including without
limitation permit processing, environmental impact reports,
dedications, zoning matters, annexations or consolidations,
use or conditional use permits, and building permits.
4.15 Monitoring Work
If required by the scope of services, the Engineer will make
visits to the Project site at intervals appropriate to the various
stages of construction as the Engineer deems necessary in
order to observe the progress and quality of construction. The
Engineer will not be required to make exhaustive or
continuous inspections on the Project site. Based on such
visits, the Engineer will determine in general if the construction
work is proceeding in accordance with the contract
requirements, keep the Owner informed of the progress of the
construction work, and will endeavor to guard the Owner
against defective work. The Engineer will not supervise, direct,
control, or have authority over or be responsible for the
Contractor's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of the Contractor to
comply with laws and regulations applicable to the worts.
4.16. Americans with Disabilities Act
The Engineer shall use reasonable professional effort and
judgment in interpreting and advising the Owner as to the
necessary requirements for the Project to comply with the
Americans with Disabilities Act (ADA). The Engineer shall rely .
on the local building department for interpretations of the ADA
at the time the service is rendered. The Engineer does not
warrant or guarantee that the Project will fully comply with
interpretations of ADA requirements by regulatory or judicial
bodies.
SECTION 5. LIABILITY
Having considered the potential liabilities that exist during the
performance of the Engineer's services, the benefits of the
Project, the Engineer's fee for its services, and the promises
contained in this Agreement, the Owner and the Engineer
agree that risks should be allocated in accordance with this
section, to the fullest extent permitted by law.
5.1 Indemnification
The Engineer and the Owner each agree to defend and
indemnify each other from liability for claims, losses, damages
or expenses (including reasonable attorney's fees) to the
extent they are caused by their negligent acts, errors or
omissions relating to this Agreement. In the event the claims,
losses, damages or expenses are caused by the joint or
concurrent negligence of the Engineer and the Owner, they
shall be borne by each party in proportion to its own
negligence.
..... . ....
5.2 Limitation of Liabilitv
The Engineer's and its employees' aggregate liability to the
Owner for any and all claims, losses or damages arising out of
any Project or this Agreement for any cause shall not exceed
the insurance proceeds available at the time of settlement or
judgment. This limitation shall apply regardless of the causeW
action or legal theory pled or asserted.
5.3 Consequential Damages
Neither the Owner nor the Engineer shall be liable to the other
for any consequential damages incurred due to the fault of the
other or their agents. Consequential damages include, but are
not limited to, loss of use and loss of profit.
5.4 Design without Construction phase Services
If the Engineer's Basic Services under this Agreement do not
include Project observation, or review of the Contractor's
performance, or any other construction phase services, and
that such services will be provided by the Owner, then the
Owner assumes all responsibility for interpretation of the plans
and specifications and for construction observation or review
and waives any claims against the Engineer that may be in any
way connected thereto.
Revised 11/01/05 for Village of Buffalo Grove — White Pine Drainage Channel and Trail Improvement
4