2014-11RESOLUTION NO. 2014 —11
A RESOLUTION APPROVING AN AGREEMENT FOR
DESIGN ENGINEERING SERVICES FOR WATER
MAIN REPLACEMENT ALONG RAUPP BOULEVARD
( GOLFVIEW TERRACE TO MOHAWK TRAIL),
GOLFVIEW TERRACE (CHENAULT ROAD TO
RAUPP BOULEVARD) AND CHENAULT COURT
WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE desire to cause the implementation of water main replacement along Raupp
Boulevard ( Golfview Terrace to Mohawk Trail), Golfview Terrace (Chenault Road to Raupp
Boulevard) and Chenault Court, and
WHEREAS, the approval of an agreement with a consulting engineer is required in order
to proceed with the necessary engineering of the project.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the President is hereby
authorized and directed to execute the "Design Engineering Services Agreement ". A copy of
said contract is attached hereto and made a part hereof.
AYES: 6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer
NAYES: 0 -None
ABSENT: 0 -None
PASSED: February 24, 2014
APPROVED: February 24, 2014
ATTEST:
Village Clerk
Res14 -5
APPROVED:
BAXTE OODMAN
February 10, 2014
Mr. Darren T. Monico, P.E.
Village Engineer
Village of Buffalo Grove
51 Raupp Boulevard
Buffalo Grove, IL 60089
Subject. Village of Buffalo Grove - Water Main Replacement Design - Raupp Boulevard,
Golfview Terrace and Chennault Court
Dear Mr. Monico:
Baader & Woodman is pleased to submit this proposal to complete final design of approximately
2,425 lineal feet of open cut water main replacement. The Project is located along Raupp
Boulevard ( Golfview Terrace to Mohawk Trail), Golfview Terrace (from Chenault Road to Raupp
Boulevard), and Chenault Court (east of Golfview Terrace). Our scope of services and engineering
fee are presented below.
Scope of Services
Our proposed scope of services is based on the meeting held on February 5, 2014.
DETAILED DESIGN SERVICES
1. PROJECT MANAGEMENT
■ Plan, schedule, and control the activities that must be performed to complete the
Project. These activities include, but are not limited to, budget, schedule, and scope.
2. SITE VISITS
• Complete one (1) site visit to confirm /determine the water main location, water
system appurtenances, potential access pit locations, tree protection, and surface
restoration.
3. PROJECT MEETINGS
■ Conduct one (1) meeting with staff at a time during the design of the project to
clarify staff preferences, design questions, and /or constructability.
4. CADD FOR PLAN AND PROFILE SHEETS
■ Develop plan sheets from available atlases, GIS, record drawings, and County data.
5. UTILITIES - CONTACTS AND COORDINATION
■ Conduct a Design Locate with JULIE, which consists of obtaining names and phone
numbers of utilities located within the work area.
■ Contact utilities, obtain atlases where available, and provide preliminary plan sheets
to utility companies for their markup and return.
BAXTE OODMAN
•:. ensulting Engineers
140077.41 • Page 2
6. CADD FOR DETAILED DESIGN
■ Provide detailed computer -aided drafting of water main and appurtenances
locations and construction requirements.
■ Indicate location of utilities that can be obtained from utility company atlases.
■ Create legends, general notes, and designer instructions to contractors, to create a
final set of construction drawings.
7. PLANS
■ Prepare Design Documents consisting of drawings showing the general scope,
extent, and character of construction work to be furnished and performed by the
Contractor selected by the Village.
■ Use Village standard details if applicable.
■ Design documents will be included with the planned roadway improvements
contract.
8. SPECIFICATIONS
■ Prepare for review and approval by the Village and its legal counsel, technical water
main specification to be included with the planned roadway improvements contract.
9. PEER AND CONSTRUCTABILITY REVIEWS
■ Conduct QA /QC peer reviews of drawings and specifications.
■ Utilize Construction Department personnel to provide a review of drawings and
specifications.
• Make corrections based upon comments from both engineering and construction
department comments.
10. ENGINEER'S OPINION OF PROBABLE COST
■ Prepare a final opinion of the probable total Project cost including construction cost,
construction engineering services, contingencies, and, on the basis of information
furnished by the Village, allowances for legal services, financial consultants, and any
administrative services or other costs necessary for completion of the Project.
11. IEPA /DPWS Permit Submittals
■ Submit the design documents to the agency for permit to construct, own, and
operate the Project.
12. IHPA Permit Submittal
■ Submit necessary documentation to Illinois Historical Preservation Agency to obtain
a "no significant historical resources" statement for the area of the Project.
13. ASSISTANCE TO BIDDERS
■ Answer bidders' questions during bid period.
BAXTE OODMAN
Coasuk.;ig fngiriecrs
Engineering Fee
140077.41 • Page 3
Our engineering fee for the above - listed Detailed Design Services (Items 1 -13) will be based on our
hourly billing rates for actual work time performed plus reimbursement of out -of- pocket expenses,
including travel costs which in total will not exceed $38,000; Engineers' Project No. 140077.41.
The attached Standard Terms and Conditions apply to this proposal. If you find this proposal
acceptable, please sign and return one copy for our files.
If you have any questions, please call me at 815.459.1260 or Sean O'Dell at 815.482.7853.
Sincerely,
BAXTER & WOODMAN, INC.
CONSULTING ENGINEERS
John V. Ambrose, P.E.
Vice President
C: Sean O'Dell, P.E., Infrastructure Department Manager, Baader & Woodman
SEO /JVA:jmc
Attachment
VILLAGE OF BUFF GROVE, IL
ACCEPTED B t�.�
TITL t
DATED: February 24, 2014
I: \Chicago \BFGVV\140077 -2014 Imps \Contract \Water Main Design Proposal_2- 5- 14.doc
STANDARD TERMS AND CONDITIONS
Agreement - These Standard Terms and Conditions, together with the letter proposal, constitute the entire integrated agreement
between the Owner and Banter & Woodman, Inc. (BW) and take precedence over any other provisions between the Parties. These terms
maybe amended, but only if both parties consent in writing.
Own�er'c EtMonsibility - Provide BW with all criteria and full information for the Project BW will rely, without liability, on the
accuracy and completeness of all information provided by the Owner including its consultants, contractor, specialty contractors,
manufacturers, suppliers and publishers of technical standards without independently verifying that information. The Owner warrants
that all known hazardous materials on or beneath the site have been identified to BW BW and their consultants shall have no
responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, unidentified or undisclosed
hazardous materials unless this service is set forth in the proposal.
Schedule for Rendering rvi c - The agreed upon services shall be completed within a reasonable amount of time. If BW is hindered,
delayed or prevented from performing the services as a result of any act or neglect of the Owner or force majeure, BW's work shall be
extended and the rates and amounts of BW's compensation shall be equitably adjusted in writing executed by all Parties.
Invoices and Payments - The fees to perform the proposed scope of services constitute BW's estimate to perform the agreed upon scope
of services. Circumstances may dictate a change in scope, and if this occurs, an equitable adjustment in compensation and time shall be
made by all parties. No service for which added compensation will be charged will be provided without first obtaining written
authorization from the Owner. BW invoices shall be due and owing by Owner in accordance with the terms and provisions of the Local
Government Prompt Payment Act.
O inion of Prohahle Construction Cog tc - BW's opinion of probable construction costs represents its reasonable judgment as a
professional engineer. Owner acknowledges that BW has no control over construction costs of contractor's methods of determining
prices, or over competitive bidding, of market conditions. BW cannot and does guarantee that proposals, bids, or actual construction
costs will calvary from BW's opinion of probable construction costs.
Standards of Performance — (1) The standard of care for all services performed or furnished by BW, will be completed with the same
care and skill ordinarily used by professionals practicing under similar circumstances, at the same time and in the same locality an
similar projects. BW makes no guarantees or warranties, express or implied, in connection with its services; (2) BW shall be responsible
for the technical accuracy of its services and documents; (3) BW shall use reasonable care to comply with all applicable laws and
regulations and Owner- mandated standards; (4) BW may employ such sub - consultants as BW deems necessary to assist in the
performance or furnishing of the services, subject to reasonable, timely, and substantive objection by Owner; (5)BW shall not supervise,
direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techni ques
sequences, or procedures of construction selected of used by any contractor, or the safety precautions and programs incident thereto, for
security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractors
furnishing and performing of its work; (6) BW neither guarantees the performance of any contractor nor assumes responsibility for
contractor's failure to furnish and perform the work in accordance with the contract documents; (n BW is not responsible for the acts of
omissions of any contractor, subcontractor, or supplier, or any of their agents or employees or any other person at the site or otherwise
furnishing or performing any work; (B) Shop drawing and submittal review by BW shall apply to only the items in the submissions and
only for the purpose of assessing if upon installation or incorporation in the Project work they are generally consistent with the
construction documents. Owner agrees that the contractor is solely responsible for the submissions (regardless of the format in which
provided, i.e. hard copy or electronic transmission) and for compliance with the construction documents. Owner further agrees that
BW's review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or
procedures of construction or extend to safety programs or precautions. BW's consideration of a component does not constitute
acceptance of the assembled item; (9) BW's site observation during construction shall be at the times agreed upon in the Project scope.
Through standard, reasonable means, BW will become generally familiar with observable completed work If BW observes completed
work that is inconsistent with the construction documents, that information shall be communicated to the contractor and Owner for
them to address.
Insurance - BW will maintain insurance coverage with the following limits and Certificates of Insurance will be provided to the Owner
upon written request:
Worker's Compensation: Statutory Limits Excess Umbrella Liability: $5 million per claim and aggregate
General Liability: $1 million per claim Professional Liability: $5 million per claim
$2 million aggregate $5 million aggregate
Automobile Liability: $1 million combined single limit
BAXTE OODMAN
BW's liability under this Agreement, based on any theory of liability or for any cause of action, shall not exceed the total amount of BW's
contract amount for the project Any claim against BW arising out of this Agreement may be asserted by the Owner, but only against the
entity and not against BW's directors, officers, shareholders or employees, none of whom shall bear any liability and may not be subject
to any claim.
Indemnification and Mutual Waiver - (1) To the fullest extent permitted bylaw, BW shall indemnify and hold harmless the Owner and
its officers and employees from claims, costs, losses, and damages arising out of or relating to the Project, provided that such claim, cost,
loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including
the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of BW or its officers, directors,
employees, agents, or consultants; (2) Owner shall indemnify and hold harmless BW and its officers, directors, employees, agents and
consultants from and against any all claims, costs, loses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the
Project provided that any such claim, cost, lass, or damage is attributable to bodily injury, sickness, disease, or death of to injury or
destruction of tangible property, including the loss of use resulting therefrom, but only to the extent caused by any negligent act or
omission of Owner or its officers, directors, employees, consultants, or others retained by or under contract to the Owner with respect to
this Agreement or to the Project; (3) To the fullest extent permitted by law, Owner and BW waive against each other, and the other's
employees, officers, directors, insurers, and consultants, any and all claims for or entitlement to special, incidental, indirect, or
consequential damages arising out of, resulting from, or in any way related to the Project; (4) In the event claims, losses, damages or
expenses are caused by the joint or concurrent negligence of the ENGINEER and OWNER, they shall be borne by each party in proportion
to its negligence; (5) The Owner acknowledges that the BW is a business corporation and not a professional service corporation, and
further acknowledges that the corporate entity, as the party to this contract, expressly avoids contracting for individual responsibility of
its officers, directors, or employees. The Owner and BW agree that any claim made by either party arising out of any act of the other
party, or any officer, director, or employee of the other party in the execution or performance of the Agreement, shall be made solely
against the other party and not individually or jointly against such officer, director, or employees.
Termination -Either party may terminate this Agreement upon ten (10) business days' written notice to the other party in the event of
failure by the other party to perform with the terms of the Agreement through no fault of the terminating party. A condition precedent to
termination shall be an opportunity for the Parties to meet If this Agreement is terminated, Owner shall receive reproducible copies of
drawings, developed applications and other completed documents. Owner shall be liable for, and promptly pay for all services and
reimbursable expenses rendered to the date of suspension /termination of services.
Use of Documents - BW documents are instruments of service and BW retains ownership and property interest (including copyright
and right of reuse). Client shall not rely on such documents unless in printed form, signed or sealed by BW or its consultant Electronic
format of BW's design documents may differ from the printed version and BW bears no liability for errors, omissions or discrepancies.
Reuse of BW's design documents is prohibited and Client shall defend and indemnify BW from all claims, damages, losses and expenses,
including attorney's fees, consultant /expert fees, and costs arising out of or resulting from said reuse. BW's document retention polity
will be followed upon Project closeout, and project documents will be kept for a period of 14 years after Project closeout
Successors. Assigns. and Beneficiaries - Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed
by Client or BW to any third party, including any lender, Contractor, Contractor's subcontractor, supplier, manufacturer, other
individual, entity or public body, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to
this Agreement ate for the sole and exclusive benefit of the Client and BW and not for the benefit (intended, unintended, direct or
indirect) of any other entity or person.
Disnute Resolution - All disputes between the Parties shall first be negotiated between them for a period of thirty (30) days. If
unresolved, disputes shall be then submitted to mediation as a condition precedent to litigation. If mediation is unsuccessful, litigation in
the county where the Project is pending shall be pursued.
Miscellaneous Provisions - (1) This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located.
(2) All notices must be in writing and shall be deemed effectively served upon the other parry when sent by certified mail, return receipt
requested; (3) All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive
its completion or termination for any reason; (4) Any provision or part of the Agreement held to be void or unenforceable under any
Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Owner and
BW, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close to expressing the intention of the stricken provision; (5) A party's non - enforcement of any provision shall
not constitute a waiver of the provision, nor shall if affect the enforceability of that provision or of the remainder of this Agreement; (6)
To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all
statutory periods of limitation shall commence, no later than the date of substantial completion, which is the point where the Project can
be utilized for the purposes for which itwas intended.
BAXTE OODMAN
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