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1980-06-16 - Resolution 1980-32 - Approving An Engineering Agreement to Provide Pavement Evaluation Services • RESOLUTION NO. 80 -- aa. A RESOLUTION APPROVING "AN ENGINEERING AGREEMENT TO PROVIDE PAVEMENT EVALUATION SERVICES" WHEREAS , the President and Board of Trustees of the Village of Buffalo Grove desire to cause the performance of evaluations of certain street pavements , and; WHEREAS, the approval of An Agreement For Engineering Study, is required in order to proceed with these pavement evaluations : NOW, THEREFORE , BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove , Cook and Lake Counties , Illinois that the President and Clerk be , and they are hereby authorized and directed to execute the "Agree- ment For Engineering Study" dated May 16 , 1980 . A copy of said contract is attached hereto and made a part hereof. AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt , Gerschefske NAYS : 0 - None ABSENT: 0 - None PASSED: June 16, 1980 APPROVED: Village President ATTEST : 7 , 11L . Vyt Village Clerk _ 'GREEMENT FOR ENGINEEis,0(G S THIS AGREEMENT, made and entered into this sixteenth day of May 1980 by and between Novak, Dempsey &'Associates, Incorporated whose address is 317 West Colfax, Palatine, Illinois 60067, hereinafter called the "Engineer," and the Public Agency of Village of Buffalo Grove State of Illinois , hereinafter called the "Public Agency," covers certain professional engineering services in connection with the proposed 1980 Village of Buffalo Grove Pavement Evaluation Program, which is an engineering study that will be financed entirely or in part with Motor Fuel Tax Funds allotted to the Public Agency by the State of Illinois. WITNESSETH THAT, in consideration of these premises and of the mutual covenants herein set forth: THE ENGINEER AGREES: 1. To perform the program on approximately 3.23 miles of streets designated by the Public Agency and in accordance with the pro- cedures set forth in our enclosed brochure, "1980 Municipal Pavement Evaluation Program," and in compliance with department policy of the Illinois Department of Transportation. 2. To conduct the following program: A. Initial data collection, environmental study, regional determination and pavement marking. B. Surface distress manifestation study. C. Dynamic deflection analysis. D. Pavement section evaluation. E. Pavement condition rating report. F. Pavement improvement evaluation and recommendation. G. Priority listing of pavement. H. Cost benefit determinations. (The order of study may vary with the exception of Items E, F, G, and H above.) 3. Furnish four copies of the final report. Additional copies will be supplied at an additional cost of $50.00 per copy. 4. Provide these services at a price of $750.00 per mile of equivalent two-lane pavement. 5. That this study shall be completed within 90 days of notice to proceed and after the necessary items indicated in A & B on Page 3 of this proposal are received (weather permitting). -L- 6. In the event data or test results are found in error during review of the report, the Engineer agrees that he will perform such corrections without expense to the Public Agency even though final payment has been received by him. He shall give immediate atten- • tion to these changes so there will be a minimum delay to the Public Agency. 7. That all documents furnished by the Engineer pursuant to this agreement will be endorsed by him and will show his professional seal where such is required by law. 8. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or ancestry. THE PUBLIC AGENCY AGREES: 1. To pay the Engineer as compensation for all services performed as stipulated in paragraphs 1, 2, and 3 of ENGINEER AGREES in accordance with the following method of payment: 3.23 miles at $750.00 per mile of equivalent two-lane pavement. Total price for services rendered is $2,422.50 2. That payments due the Engineer for services rendered in accord- ance with this Agreement will be made within 30 days after approval of work performed in accordance with the following schedule: -Billings will be on a monthly basis for mileage completed. Upon completion of Item A* 202 Upon completion of Item B* 202 Upon completion of Item C* 202 Upon completion of Item D* 202 Final billing upon project completion (E & F*) 202 * Paragraph 2 of ENGINEER AGREES 3. That should the study be abandoned at any time after the Engineer has performed any part of the services provided for in paragraph 1, 2, and 3 of ENGINEER AGREES, and prior to the completion of such services, the Public Agency shall reimburse the Engineer for the percentage of costs incurred up to the time he is notified in writing of such abandonment. The percentage of cost are as stated in paragraph 2 of PUBLIC AGENCY AGREES. 4. That, should the Public Agency require changes in any of the detailed specifications, except for those pursuant to paragraph 5 of ENGINEER AGREES, after they have been approved by the Public Agency, the Public Agency will pay the Engineer for such changes on the basis of the Engineer's established unit prices. -3- It is understood that "changes" as used in this paragraph shall in no way relieve the Engineer of his responsibility to prepare a complete report of pavement conditions. 5. To provide the following: A. A list of streets to be incorporated in the study (minimum length - half mile per section unless approved by the Engineer). B. Best estimate of the present and 10-year projected traffic counts with cars, single-axle and multi-axle truck breakdowns. C. A reproducible mylar sepia of the streets incorporated within the study on an 1" = 200' to 1" = 400' scale. D. A reactant for Benkelman Beam correlations. (A dump truck loaded to 18,000 pounds over a single rear axle). E. A safety vehicle on heavily traveled arterials when requested. F. Alternate methods of repair considerations. G. Any pertinent pavement information. IT IS MUTUALLY AGREED, 1. That any difference between the Engineer and the Public Agency concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consist- ing of one member appointed by the Engineer, one member appointed by the Public Agency and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This Agreement may be terminated by the Public Agency upon giving notice in writing to the Engineer at his last known post office address. Upon such termination, the Engineer shall cause to be delivered to the Public Agency all data, if any, from pavement studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the Public Agency. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3 of THE PUBLIC AGENCY AGREES. 3. That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty the Public Agency shall have the right to annul this contract without liability. -4- • IN WITNESSS WHEREOF, the parties have caused this Agreement to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers. Executed by the Public Agency: , A:n an Village Otny of Buffalo Grove ATTEST: State of Illinois , acting by and through • By its Clerk By Title: : • (Seal) • Novak, Dempsey & Associates, Inc. Executed by the Engineer: 317 West- Colfax - ATTEST: Palatine, Illinois 60067 By By (7y-- Title: Donald L. Hardt Title: Robert L. Novak Secretary President , s....,....1 %,.../ \..d '" . . .