1984-07-16 - Resolution 1984-48 - ACCEPTING AN AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE PHASED IMPROVEMENT OF BG RD FROM LAKE-COOK TO IL RT. 83RESOLUTION NO. 84- 48
A RESOLUTION ACCEPTING AN AGREEMENT FO
THE PHASED IMPROVEMENT OF BUFFALO GROV
ONSTRUCTION ENGINEERING SERVICES F
OAD FROM LAKE-COOK ROAD TO IL.RT.
OR
83
RC
ER
WHEREAS, the President and Board of Trustees of the Village of
Buffalo Grove desire to cause the implementation of the phased improvement of
the intersection of Buffalo Grove Road and Il. Rt. 83, and;
WHEREAS, the approva'l of an agreement with a consulting engineer is
required in order to proceed with the necessary construction engineering for
the project;
NOt.,l, THEREF0RE, BE IT RES0LVED by the President and Board of Trustees
of the Village of Buffalo Grove, Lake and Cook Counties, Illinois that the
agreement entitled, "Agreement for Construction Engineering" is hereby approved
and the Village Manager is hereby authorized and directed to execute the
agreement. A copy of said agreement is attached hereto and made a part hereof.
5 - Marienthal, Stone, Hartstein, Glover, Reid
0 - None
AYES:
NAYS:
ABSENT:
PASSED:
1 - 0rReilly
July 16 , 1984
APPRO
Vi lage Presi dent
ATTEST:
ilt
%
^il^*W
STATE 0F t LL tNo tS )
)
COUNTIES OF COOK AND LAKE )
I, JANET l.l. SIRABIAN, hereby certify that t am the
duly elected, qualifled and acting VILLAGE CLERK of the Village
of Buffalo Grove, Counties of Cook and Lake, lllinois, and the
keeper of its seal and records.
I hereby further certify that the attached is a true
copy of Resolut;on tr1s. 84-48 adopted on the l6th day of
July 193, Uv the Vil lage Board of the Vi I tage
of Buffalo Grove as shovrn by the records ln nry custody.
lN l,rlTNESS 1,rHERE0F, I have hereunto set my hand and
affixed the seal of the Village of Buffalo Grove aforesaid,
at said Village, in the County and State aforesaid, this 17th
day of Jqlv , l9j.
a9e e
94O*"N
i'
AGREEMENT FOR CON STRUCTION ENGINEER ING SERVICES
between
VTLLAGE OF BUr'rALO GROVE
and
I,IIDWEST CONSULTING ENGINEERS, INC.5151 North Harlem Avenue
Chi.cago, Illinois
Pro'ject Descri ption
F.A.U. S. PROJECT IX E M-6003-12431Village Section 83- 00 019- 01-CH
Lake County Section 79-00081-02-pVState Section 44 N-1(83)Buffalo Grove, Lake County
(
AGREEMENT FOR CONSTRUCTION EN GINEERING SERVICES
Buffalo Grove, I1Ii noi s
Table of Contents
Page
Number
GENERAL AGREEMENT
PREAI,IBLE - MUTUAI, COVENANTS AND AGREEMENTS
1
?
34-7
Article
Artic 1e
CERTTT'ICA?ION OT' VILLAGE
CERTIFICATION BY CONSULTANT
EXHIBITS A thru D
- Service
- Servi.ce
- Basis o- Warrant
- Extra work
- Access to Records
- Engineering Liability
- Inspection of Construction
- Workmenr s Compensation and Liability
fnsurance
Interchange of Data
Sub l et ting
Abandonment, Postponement or ferminationDeath or DisabiLity of the EngineerAddress for Notices
Independent Contractor
Notice to A11 Personnel Engaged onFederal-Aid Highrday ProjectsNondiscrimination - U.S. Civil RightsAct of 1964
Equal Employment Opportunity
be Performed by Villagebe Performed by Engineer
lrment
Article 1Article 2Article 3Article 4Article 5Article 6Article 7Article 8Article 9
Article
Art ic IeArticleArticleArticle
Art ic 1e
ArticLe
to
tofPa
ies 11
11
l2
L2
13
10 -11 -t2-
13 -14 -15 -15-
17-
18 -
14
L4
t4
15
15
16
16
18 -20-20
22
T7
23
24
25-29
AGREE}IENT FOR CONSULTANT SERVI CES
This is an AGREE},IENT heth/een the VILIAGE oF BUFFAIo GRovE,
LAKE & COOX COUNTY, acting through their respective president
and/or Board, hereinafter referenced to as the nvrrLAGE" and
MrDwEsr coNsuLTrNG ENGTNEERS, rNc. 5151 N. Harlem Avenue,
chicago, rllinois 60656, a firm of consultants, hereinafter
referred to as the iENGTNEERT.
{r-ITNESSETH
WHEREAS, the VILLAGE proposes a roadway improvement project,
hereinafter referred to as the npRoJEcIr, which is described as
follows:
This improvement begins at Station 30+1g a point on the
centerline of Buffal0 Grove Road approximately 6g2 feet south of
Mundelein Road (r1. Rt. 83) and extends in a northerly di,rection
to station 37+00.65 a point in the centerline of Mundel-ein Road(II. Rt. 83), a total distance of 692.G6 feet (208.07 metersl or
0.129 miles and at station 2o2+a9 a point on the centerline of
Mundelein Road (I1. Rt. 83) and extends in a southeasterly
direction to Station 220+40 a point approximately g70 feet
southeast of Buffalo Grove Road, a total distance of 1g31 feet
(558.09 meters) or 0.347 miles.
The work to be perforured under this contract consists of
excavating and grading for the proposed improvement, construction
of a bituminous concrete base course, bituminous binder and
surface course, concrete and stabilized medians, manholes,
inlets, catch basins, storD sewer, pavement rnarking, signing,
landscaping, traffic signal, and all other miscellaneous work
necessary to complete the iryrovement as shown in the plans.
-1-
SIHEREAS, the VILLAGE desires to engage the services of the
ENGTNEER to furnish certaiD engineering services in connection
with this PROJECT, and
AGREEI'1ENT this date,t)L
ATTEST:
WHEREAS, the ENGIIiEER represents that he is in compliance
with the Illinois Statutes relating to the registration ofprofessional and structural engi.neers, and has signified his
r^rillingness to furnish certain services for the VILIAGE.
NOw, 'THEREFORE, in consideration of the premises and of
their mutual' covenants and agreements, the parties hereto agree
as set forth in the following pages numbered 1 through 29
inclusive, which are annexed hereto and made a part hereof.
IN TESTIMONY WHEREOF, the arties ereto have executed thish,/
By:
C k
Dated: 7- /6-
Sec!eta ry- Trea surer
VILLAGE OF BUFFAIO GROVE
By:
Village Manager
04nA--
},IIDWEST CONSULTING ENGINEERS, INC.
ident
^ Vi l laoeAa.r?(2
ATTEST :
By
By
-2-
H
I
MUTUAL COVENANTS AND AGREEMENTS PREAMBLE
WHEREAS, under Federal-aid Regulations the Illinois Depart_
ment of Transportation, hereinafter referred to a6 the DEPART-
I.{ENT, is required to assume the responsibility for general
supervisioi: of construction engineeri.ng on all Federal-aid
Highway projects.
WHEREAS, the DEPARTI{ENT can
sibility to the VILLAGE, and
WIIEREAS, the VILLAGE is reguired to provide a fulI_time
VTLLAGE employed engineer responsible for technical inspection of
the contractors work to determine rrhether or not it is being
performed in substantial compriance with the contract documents;
and,
WHEREAS, the VILLAGE employed engineer will reguire assi.s-
tance of the ENGfNEER in carrying out the operations of con-
struction surveys, staking, inspection, measurement and compu-
tations of guantities, reporting and record keeping; and,
WHEREAS, the VILIAGE desires the ENGINEER to furnish con-
struction engineering services to assist in the technical in-
spection of the work by the successful biilder, hereinafter called
"CONTRACTOR", in connection with this project and the ENGINEER
desires to provide these servicesi
NOW, THEREFORE, the parties hereto, in consideration of the
mutual covenants hereinafter contained, aglee as follows:
Article 1 Services To Be Performed By The VILLAGE
In connection with services to be perfomed by the ENGINEER,
the VILLAGE agrees:
-3-
and does assign this respon-
I That the vILLAGE witl aPPointResident Engineer who sha1I becharge for technical inspection ofwork as stated above.
an employee asin responsiblethe contractors
he ENGINEERthe initialservices to
ENG INEER
Pe r son-
3
The Resident_ Engineer will provide space foroccupancy and use of the ENGINEER in the projectpffice furnished by the CONTRACTOR until thecompletion of the construction work. Upon com_pletion of the construction work and removal ofthe office from the project site, the ENGINEERsha1l provide, at his own expense, such officespace as is required to complete the office workand records pertaining to the project.
The. .Resident Engineer will notify twithin a reasonable time in advance- of
,need for any additional personnel orbe furnished by the ENGINEER.
The- .Resident Engineer will notify thewithin a reasonable time for reduclion innel or services furnished by the ENGINEER.
Article 2 Services To Be Performed By Engineer
The ENGINEER agrees to provide, to the satisfaction of the
vTLLAGE' certain engineering services including construction
surveys, staking, inspection, proiect quality contro] testj-ng,
measurement, computation and documentation of quantities, report_
ing and record keeping for all construction work to be performed
by the coNTRACToR untit completion of work by the coNTRAcroR and
acceptance of the project by the VTLLAGE and the DEPARTMENT.
Prior to providing such services the ENGTNEER sha11 ascertain the
standard practices of the VTLLAGE and the DEPARTMENT and shar-I
familiarize himserf with the contract documents, which sha11
include the contract between the VfLLAGE, DEPARTIT{ENT and the
CONTRACTOR and any supplements thereto, and the plans for the
project and approved changes thereto.
The Engineer further agrees:
4
1 That aII work under thisperformed in accordance rrithments and the standard
agreement sha11 bethe contract docu-practices of the
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2-
DEPARTMENT. Inspection and testing proceduresshal] be as prescribed by the specific;tions andinstruction furnished by the DEPARTMENT and novariation will be permitted except on srrittenorder of the VILLAGE and DEpARTMENT.
That he will provide the necessary personnel toadequately perform the requiremEnis of thisAGREEMENT, and that his emptoyees shalI possessthe experience, knowledge and character to qualifythem for the particular duties each is to pjrformi
That he will desj.gnate a senior representativefrom his firm who will supervise the altivities of
?11 personnel furnished by the ENGINEER. Thedesignated representative shall report to and bedirectly responsible to the Aesj.dent Engineer whois in responsible charge and direct contiol of theproject at all times.
That he $rilL furnish through the Department ofTransportation, off 6ite inspections and tests ofstee1, cement, asphalt, concrete and asphaltaggregates, sevJer and drainage pipe, structuralstee1, prestressed girders and - beams, trafficsigns, and other materials as are customa!iIy
That the ENGINEER will obtain from the DEPARTI.{ENTand maintain at the site the necessary pIans,specifications, copy of the contract, a- copy oithe Department Construction Manual and -olher
guides and instructions to permi.t the ENGINEER toaccomplish his prescribed duties.
That the ENGINEER will provide the necessarydiaries, record books, field manuals, reportforms, and laboratory f.acilities. needed -for
computation, testing reporting and record keepingin accordance with prescribed practice.
That he will furnish the personnel and servicesrequired herein, as deternrined by the rate ofconstruction progress, within a reasonable timeafter notification by the Resident Engineer.
That he will withdraw frorn the project, within areasonable tiroe after notification by the VILLAGE,any personnel or services no 1onger required.
That he will establish all line, grade and limitstakes, cross sections and other necessary mea-surements required and for compilation of progressand final estimates in a timety manner so lhe-workwill not be delayed or hindered.
.)
-5-
2
4.
6,
7.
8.
9.
tested. The test cores frorn completed portland
Cement concrete paving shal1 be taken and testedby the DEPARTI'IENT.
10. When testing is not performed by the DEPARTMENT,he shall have qualified proportioning engineersand inspectors at the site of work, as well as offFite plants and locations, at aL1 times whenrequired by the CONTRACTOR ' S operations, so thatadequate inspection, sampling and testing can beperformed in a timely manner on each work item toinsure compliance with the contract plans andspecifications and the standard practices of the
DEPARTMENT.
11. That job contro] sanpling and testing of materials
sha11 conform to the specifications, and methodsprescribed by the DEPARTI,IENT. For those items orproducts which may be accepted on the basis ofoff-site tests, reports or certificates from thesupplier to the DEPARTMENT, he will assure himselfthat the required reports or certificates havebeen received by the Resident Engineer before suchitems or products are incorporated into the workby the CoNTRACTOR. The ENGINEER wiII be requiredto assist in the preparation of samples forprogress or record testing by the DEPARTIIENT.
12.That he will obtain aII necessary manufacturer'scertifications of materials-
13. That he will furnish all original drawings and/orplans necessary for the showing of all changesfrom the contract plans and for preparation ofrecord drawings.
74. That he shal1 immediately bring to the attentionof the Resident Engi.neer, aLl situations incapabteof disposition in the field and that he sha11 beavailable to attend conferences for the disposi-tion of such matters when so requested by the
VILLAGE and DEPARTI,IENT.
15.
16.
That he shal1 accurately measure and/or computeaIl quantities of materials used on the con-struction project in accordance with the speci-fications and standard practice of the DEPARTMENT.Records of such measurements and computationsshaLl be kept in permanent form and shatl become
Part of the project record,s.
That project diaries describing the progress ofthe work, specific problems encountered and aI1other pertinent information relative to execution
-6-
of the contract, construction survey books, otherfj-eld notes and reports, test records, compu-tations and work papers, progress and finalestimates, and aIl other data required for com-pletion of the project records including one setof prints showing all changes from the contractplans, as compiled and maintained by the ENGINEER,eha1I be submitted to the Resident Engineer and
become property of the VILLAGE.
!7.
18.
19.
(3) Reimbursement for the ENGINEER,Sindj.rect costs to the extent theyallocable to the project; and
That he will furnish all necessary field surveyequipment and transportation for his personnel asrequired for work he is to perform as we.ll as suchsampling and testing equipment and communicationfacilities as lequested by the VfLLAGE and the
DEPARTT,IENT.
That he sha1l complete all tfleasurements, records,record drawings and final pay estimate not laterthan six (6) weeks after completion of the actualconstruction work by the CONTRACTOR.
That he will cornply with all applicable Federal,State, and loca1 laws, ordinances, regulations anilrequirements.
Article 3 Basis Of Payment
The VILLAGE shall pay to the 'Engineer, and the Engineer
agrees to accept as fuII compensation for his services under this
AGREE}.IENT:
(1) Reimbursement for salaries of employees for timedirectly chargeable to the project, and salariesof principals for time they are productively
engaged in work necessary to fulfill the terms ofthls AGREEI4ENT; and
(21 Reimbursement for direct salary costs and directnon-salary costs incurred in fulfilling the termsof this AGREEMENT; and
(4) A fixed fee of S4,559 for performing the work.
-7-
overhead orare properly
The maximum amount of the total fee pa)zment under this
AGREEIIENT is $44,720. This maxinum anount is subject to adjust-
ments under the following conditions:
(1) An overrun in the estimated cost of performing theqork which would justify a reappraisal of the fee.This increase in cost could be occasioned by anincrease in rates of pay Curing the life of the
AGREEI{ENT or an under-estimation of man-hours madeduring negotiations.
l2l Substantial changes in the scope,the total cost of the construction
character, and
proj ect .
the
of
Adjustments of the fixed fee would not be jus-tified under Case 1, where there would be no
change in scope. character, anil total cost of theconstruction contract.
An adjustment of the fixed fee may be justified inCase 2, in which there is a change in scope,character, and total cost of the constructioncontract.
I{hen monies due the ENGINEER are equal to ninety percent
(908) of the max imurn amount to be incurred under this AGREEMENT,
as specified above, the ENGINEER rrilt subnit to the VfLLAGE an
estimate of the costs of services required of the Engineer to
complete his obligations under this AGREEMENT. If the total
estimated cost exceed.s the maximum amount to be incurred under
this AGREEMENT, as specified above, the VILLAGE sha11, within ten
(101 6"t" of the submittal of this estimate, direct the ENGINEER
to:
(1) Stop work when monies due the ENGINEER equat
maximum amount to be incurred under the termsthis AGREEMENT, as specified above; or
l2l Continue work in accordance rdith the terms of asupplemental agreement. In the event of anyclaims being made or any actions being brought inconnection with the coNTRAcT during the life ofthis AGREEMXNT, the ENGINEER agrees to render tothe VILLAGE aII assistance reguired. Payment for
such services shall be in accordance with Article
5 of thj-s AGREEIT{ENT.
-8-
In the event that the r ork under th CONTRACT is entirely
suspended, the ENGINEER agrees that his services may likewise be
suspended vrithout additional compensation for costs caused by
such suspension of services. The ENGINEER wilL be paid for any
services rend.ered during any period of CONTRACT suspension in
accordance'with the terms of this AGREEHENT.
Tabulations of the regular and overtime hourly salary ranges
for each classification of employee expected to be productively
engaged in work necessary to fu1fil1 the terms of this AGREEMENT,
are shown on Exhibit A of this AGREEMENT -
The Table
A is furnished
of Regular anal Overtine Rates per hour
to support the maximum amount of the
necessary adjustments of this amount.
on Exhibit
total fee
payable and any
Payroll burden or fringe benefits costs shown
of this AGREEMENT as a percent of direct productive
on Exhibit B
the current approved rates of the ENGINEERTS actual
fringe benefits costs.
are
or
Overhead or indirect costs shown on Exhibit C of this
AGREEMENT as a percent of direct productive payroll are the
current approved rates of the ENGII{EERr S actual overhead or
indirect costs.
Progress payment to the ENGINEER for overhead or indirect
costs and payrofl burden or fringe benefits costs shall be L.4217
times direct payroll, based on the tabuLations shown on Exhibit B
and C of this AGREEMENT. Final payment for overhead or indirect
costs and payroll burden or fringe benefits costs will be based
upon accounting records subrnitted by the ENGINEER.
Payment shall be made to the ENGINEER as soon as practical
each month after the receipt of each invoice. Five (5) percent,
up to a maximum of 91,935 of such monies due the ENGINEER shall
payro 11
payro ).1
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Monthly progress
this ARTICLE - shall
fixed fee eguivalent
Palrment period to the
of the CONTRACT.
Paltments for the
be based upon
to a ratio of
total payroll
fixed fee - sectj.on (4) of
proportionate share of the
payroll expended during the
in the rnaximum fee payments
a
Reimbursement of direct out-of-pocket expenses for testing
services for asphalt and concrete batch plant j,nspection, and
other job related costs will be at i.nvoice cost for authorized
expenditures.
The acceptance by the ENGINEER of the final payment sha1l
operate as and sha11 be a release.to the VILLAGE from aII claims
and liability to the ENGINEER, his representatives and assigns,
for any and all things done, furnished for or relating to the
services rendered by the ENGINEER under or in connection with
this AGREEMENT, with the exception that in the event of any
clairns being made or any action being brought in connection with
the CONTRACT subseguent to final payment of this AGREEITTENT the
ENGTNEER agrees to render to the VTLLAGE all assistance required
and accept as fu11 compensation for such services payment in
accordance with this AGREEMENT.
SPECIAI PROVISION
Rei.mbursement for automotive vehicles furnished by the
ENGINEER as requested by the VILLAGE shall be at the rate of
$20.00 per vehicle day. Such rate of rei-mbursenent shall be
considered furl payment for alr costs including, but not limited
to, the furnishing, .i,nsuring, operating, and maintaining the
automotive vehicles. The term iautomotive vehiclesr sharl
-10-
be retained by the VILLAGE until the work is completed and all
final measurements and reports have been made and accepted by the
VILLAGE and the DEPARTMENT at which time all remai.ning unpaid
amounts due shall be payable in full .
include automobiles, pick-up trucks, station wagons, vans, and
the like.
In addition
warrant s :
(1)
(21
Extra Work
If the ENGINEER is
directed to perform is
constitutes extra work,
to the covenants herein nade, the ENGINEER
That he has not employed or retained any compan],or person, other than a bona fide employee workingsolely for the ENGINEER, to soli.cit or iecure thitAGREEI'IENT, and that he has not paid or agreed topay any company or person, other than a bona fideemployee working so1ely for the ENGINEER, any fee,commission, percentage, brokerage fee, gifts, orany other consideration, contingent upon orresulting from the award or making of thiJ AGREE-I.{ENT. For breach or violation of this warranty,the VILLAGE shall have the right to annul this
AGREEMET{T without liability, or in its discretionto deduct from the AGREEI1ENT price or consid-eration, or otherwise recover, the fuII amount ofsuch fee, commission, percentage, brokerage fee,gift, or cont j.ngent fee.
That he is gualified technically and is entirelyconversant with the policies applicable to thaproject; and that he has, and will furnish at therequest of the VILLAGE, sufficient, properlytrained and experienced personnel to periorm ttreservices enumerated herein. The VILLAGT will passon the qualification of all personnel.
(3) That he will not employ any person presentlyemployed by the VILLAGE or the DEPARTIT{ENT OF
TRANSPORTATTON of the State of lllinois, withoutthe \,rritten consent of the VIILAGE or the Directorof Highways of said DEPARTIT{ENT for a period of one(1) year, or three (3) months after termination ofthe contract if the services extend beyond one (l)year.
of the opinion that any work he has been
beyond the scope of this AGREEUENT and
he sha11 plomptly notify the VILLAGE of
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Article 4 - Warranties
Article 5
that fact. rn the event the VTLLAGE determines that 6uch vrork
does constitute extra work, it sharl provide extra compensation
to the ENGINEER upon a fair and eguitable base.
Article 6 Access To Records
The ENGINEER shal1 maintain aII books, documents, papers,
accounting records and other evidence pertaining to his costs
incurred by reason of thls AGREEMENT and agrees to make such
material available, at his office at the address indicated in
ARTTCLE 14 of this AGREEMENT, at a1r reasonabre times during the
Iife of this AGREEMENT and for a period of three (3) years from
date of final payment of the obligations of this AGREEMENT by the
vrLLAcE for inspection by personnel of the VILLAGE, DEPARTMENT,
Federal Highway Administration, or any authori-zed representative
of the Federal Government, and copies thereof sha1I be furnished
if requested.
Article 7
It is expressly understood that the ENGINEER sha1l indernnify
and save harmless the VILLAGE, DEPARTIT{ENT and the State of
Illinois from claims, suits, actions, damages and costs of every
name and description resulting from the negligent performance of
the technicar services of the ENGTNEER under this AGREEIIIENT, and
such j-ndemnity shaI1 not be limited by reason of enuneration of
any insurance coverage herein provided. Negligent performance of
service, within the meaning of this ARTICLE, sha11 include, in
additi,on to negligence foundedl upon tort, negligence based upon
the ENGTNEER's failure to meet professional standards and result-
ing in obvious or patent errors in the progression of his work.
Nothing in this ARTICLE or in this AGREEIT{EN? shalI create or give
to third parties any claim or right of actj.on against the ENGI-
NEER, the VILLAGE, the DEPARTMENT, or the State of Illinois
beyond such as may Iega11y exist irrespective of this ARTICLE or
AGREEMINT. The VILLAGE agrees that it shal1 give notice in
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Engineering Liability
writi,ng to the ENGTNEER within 30 days after the DEPART!,IENT
receives notice of either the firing of a claim or the intention
to fi1e a claim in the Court of Claims; otherr^rise, the obLj.gation
of the ENGTNEER to indennify and save harmtess the VTLLAGE,
DEPARTMEN? and the state as described in this ARTTCLE shall be
null and void.
Article 8 Inspection of Construction
The VILLAGE'S Resident Engineer wiIl be in responsible
charge of inspection activitj.es. However, all reguests of the
CONTBACTOR should be transmitted through the ENGINEER.
Should the Resident Engineer, in his tours of inspection,
discover any activities by the coNTRACToR needing correction, he
shall contact the ENGINEER, who, in turn, shall advise the
contractor of any corrective action reguired. Hoh,ever, if the
matter needs immediate attention the Resident Engineer, of
course, shalI advise the contractors superintendent and so notify
the ENGTNEER. The above procedure should precruile aIr chance of
conflicting orders .
If controversial issues arise making a field conference
necessary between the inspection forces and the CoNTRACToR, the
Resident Engineer sharl be present to represent the vrLtAGE
intere sts .
In the event the Resident Engineer and the ENGINEER cannot
whol]y agree on a course of action, the Resident Engineer will
then immediately contact the VIILAGE Engineer and/or the District
Engineer, if necessary, and the principals of the ENGfNEER. They
shal1 determine the necessary course of action and their decision
sha11 be transmitted to the CONTRACTOR through the above_
described line of authority.
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Article 9 Workmen's Compensation and Liability Insurance
The kinds and amounts of insurance are as follows:
(1)
t2t
!{orkmen I s -Compensati-on . .p_o.1icy, or satisfactoryevidence that thj.s liability -is ottrerwis" tak.icare of, in accordance wittr Section 4 of thenworkmenrs compensation Act of -ah; state ofIIlinois'as amended.
fybllg Liabitity Insurance' covering aII work bythe ENGINEER under this AGREEIIEM, w-ith limits foill]ury or death of one person of not less thanS100,000 and not less thai $3O0,OOO per occurrencellg- 1 property damage limit of ,,:ot less than$100, 000.
Article 10 - Interchange of Data
A11 technical data in regard to the CONTRACT exi.sting in theoffice of the vrrtAGE or existing in the office of the ENGTNEERshall be made available to the other party to this AGREEMENTwithout expense to such other party.
Article 11 Sub lett i ng
those
terms
The ENGINEER shaIl perform
of his named associates all
of this AGREEI,IENT.
with his own organization
of the services required by
and
the
- r4-
The ENGINEER agrees to obtain and maintain, until final
acceptance by the VILLAGE and the DE,ARTI,,IENT of the servicescovered by this AGREEMENT, insurance hereinafter provided,
furnishing. a certificate or certificates of insurance to the
VILLAGE and DEPARTMENT prior to commencing work under this
AGREET'IENT. The certificate or certificates of insurance shar.l bein a form satisfactory to the ,TLLAGE and DE'ARTIT{ENT from com-panies authorized to do business in rrrinois and sha1l providethat the policies referred to shal1 not be cancelled or changedwithout first giving ten (10) days written notice thereof to the
VILLAGE.
The ENGINEER wil1 not 6ub1et or assign any portion of theservices required by the terms of thi6 AGREEuENT, except vrith theprior hrritten consent of the VTLLAGE. This rrritten consent 6har1in no way relieve the ENGINEER from his primary responsibility
fo! the performance of the rrork.
Abandonment, postponement or fernination
The VILLAGE sha1l have the right to postpone, suspend,
abandon or terminate this AGREE!.{ENT, and such action sharl in noevent be deemed a breech of contract. In the event that con_
ditions beyond the contror of the ENGTNEER devel.p which cause a
hardship on the ENGTNEER, the ENGTNEER shalr have the right to
terminate this AGREEITENT upon thirty (30) days written notice to
the VTLLAGE and such action shalf in no event be deemed a breach
of contract. In any of these events, the VfLLAGE sha1l make
settlenent with the ENGINEER upon an equitable basis as de_
termined by the VILLAGE, who shalL fix the work which was per_
formed by the ENGINEER prior to the postponement, suspension,
abandonment or termination of the AGREEMENT.
Article 13 Death or Disabii.ity of the Engineer
In case of the death of the sole proprietor, the AGREEMENT
shal1 be immediately terminated and the VTLLAGE sharL make all
Palments due to the personal representative of the decreased.
In case of the death or disability of all persons herein
referred to as the ENGINEER, aI1 data and records pertaining to
-15-
Article 12 -
In case of the death or disability of one or tnore but not
all the persons herein referred to as the ENGINEER, the rights
and duties of the ENGTNEER sharr devorve upon the survivors of
them, who sha1I be obligatecl to perform the services required
under this AGREEMENT, and the VILLAGE shall make alt payments due
to him or them.
Notices delivered
notice to all Persons
ENGINEER.
or sent sha1l be deemed,
who are parties to this
for aI1 purposes ,
AGREEMENT as the
the project sha1I be delivered within fifteen (15) days to the
,TLLAGE. rn case of the fair.ure of the ENGTNEER'S successors or
personal representative to make such delivery on demand, then in
that event the representatives of the ENGTNEER shalr be liabre to
the VILLAGE for any damage it rnay sustain by reason thereof.
Upon the delivery of aI1 such data to the VILLAGE, the VILLAGE
will pay to the representatives of the ENGTNEER all amounts due
the ENGINEER, including retained percentages.
Article 14 Address for Notices
Whenever it is provide in this AGREHiIENT that notj.ce shallbe given or other communj.cations sent to the ENGINEER, such
notices or cornmunications shall be delivered or sent to l.trDwSsr
coNSUrrrNG ENGTNEERS, rNC., 5151 North Harlem Avenue, chicago,Illinois 60656.
Article 15 Independent Contractor
The ENGINEER, in accordance with his status as an indepen_
dent contractor, covenants and agrees that he will conduct
himself consistent with such status, that he will neither hord
himself out as nor claim to be an officer or employee of the
VITLAGE or the State of fllinois by reason hereof, and that hewill not, by reason hereof, make any claim, demand or applicationto or for any right or privilege applicable to an officer or
employee of the VILLAGE or Compensation coverage, UnemploymentInsurance benefits, Social Security coverage or Retirement
membership or credit.
-16-
ARTICLE 16 Notice to all personnel
Highway Projects
Engaged on Federal-Aid
Title 18, United States Code, Section 1020, reads as fo1_
lows :
"Whoever, being an of fi,cer, agent, or employee of the UnitedStates or of any State or Territory, or whoever, whether aperson, association, firm, or corporation, knowingly makes anyfalse statement, false representation, or false report as to the
character, guality, quantity, or cost of the material used or to
be used, o! the quantity or quality of the work performed or to
be performed, or the costs thereof in connection with the sub_
mission of plans, maps, specifications, contracts, or costs of
construction on any highway or related project submitted for
approval to the Secretary of Transportation: or
nWhoever knowlingty make any false statement or false
representation as to a material fact in any statement, certifi_
cate, or repolt submitted pursuant to provisions of the Federal_
aid Road Act approved JuJ.y 1, 1916 (39 Stat. 355), as amended and
supplemented, nSha11 be fined not tnore than glO,OO0 or imprisoned
not more than five years, or both. n
- 17-
'Whoever knowlingly makes any false statement, false rep_
resentation, false report, or false claim with respect to the
character, quality, quantity or cost of any work performed or tobe performed, or rnaterials furnished or to be furnished, in
connection r{ith the construction of any highway or relatedproject approved by the Secretary of Transportation: or
Article 17
During the
as follows:
Nond i scr iminat ion
1954
U.S. Cj.vil Rights Act of
performance of the AGREEMENT, the ENGINEER agrees
(1) Compliance with ReguJ.ations: The ENGINEER willcornply with the Regulations of the Department of1'ransportation relative to nondi scriminatioD inFederal ly-as sisted proglams of the Department ofTransportation (Title 49, Code of Federal Regu-lations, Part 21, hereinafter leferred to as iheRegulations) , Part 21, hereinafter referred to asthe Regulations) , which are herein incorporateal byreferenced and made a part of this AGREEITIENT.
12) Employment Practices
(a) The ENGINEER will not discrimj-nate against
9ny employee or applicant for employmentbecause of race, co1or, or national origin.The EIiGINEER will take affirmative action toensure that applicants are employed, and thatemployees are treated during employment without regard to their race, color, or nationalorigin. Such action shall include, but notbe limited to the foI]owing: recruitment orrecruitment advertising, hiring, firing,upgrading, promotion, demotion, transfei,layoff, termination, rates of pay or otherforms of compensation or benefits, selecti.onfor training of apprenticeship, use offacilities and treatment of employees. The
ENGINEER agrees to post in conspicuousplaces, available to employees and applicantsfor employment, notj-ces setting fblttr theprovisions of this employment practicesclause.
(b) The ENGINEER wilI, in all solicitations oradvertisements for employees placed by or onbehalf of the ENGINEER, state that a11gualified applicants will receive consid-eration for employment without regard torace, co1or, or national origin.
(c) The ENGINEER will aend to each labor union orrepresentative of workers with which he had acollecti.ve bargaining agreement or othercontract or understanding, a notice advising
- 18-
the said labor union or workerstive of the ENGfNEER'S cotrunitmentsemployment practices provisions,post copies of the notice inplaces available to employees andfor employment.
repre senta-
under thi sand shall
con sp i cuou s
app l- icant s
(3)
(4)
Selection of subcontractors, procurement ofl{aterials and leasing of Equipment.
(a) The ENGfNEER, with regard to the work per-formed .by him after award and prior tocompletion of the AGREEMENT work, wi1J. notdiscrirninate on the ground of race, color, ornational origin in the selection and re_tention of subcontractors, including procure_ments of materials and 1eases of equiprnent.The ENGINEER will not participate iitherdirectly or indirectly in the diicriminationprohibi.ted by Section 27.5 of the Regu-lations, including emplolment practices wienthe AGREEMENT covers a prograrn set forth inAppendix B of the Regulations.
(b) In all solicitations either by conpetitivebidding or negotiation made by the ENGINEERfor work to be performed under a subcontract,including procurement of materials or leasesof equipment, each potential subcontractor,supplier, or lessor shall be notified by theENGINEER of the ENGINEER'S obligations underthis AGREE!,IENT and the Regulation relative tonondi scrinination on the ground of race,color, or national origin.
Information and Reports: The ENGINEER wiIlprovide all j.nformation and reports requirecl bythe Regulations, or orders and instructions issuedpursuant thereto, and will permit access to itsbooks, records, accounts, other sources of infor-mation, and its facilities as may be determined bythe VILLAGE and DEpA.RTl,iENt or the FederaL HighwayADMINISTRATION to be pertinent to asceitaiircompliance with such Regulations, ordels, and.instructions. Where any inforrnation reguired ofthe ENGINEER is in the exclusive possession ofanother who fails or refuses to furnish thisinformation, the ENGINEER sha1l so certify to theVILLAGE, DEPART!{ENT, or the Federal - HighwayAdministration as appropriate and shaIl, set iortirwhat efforts it has made to obtain the informa-tion.
-19-
(s)
(6)
Incorporation of provisions: The ENGINEER willinclude these additi.onal reguired .ontru.t pro_visions - in every subcontrac€ including procure_ments of materials and leases of equipment, unlessexempt. by _the Regulations or orders, or in_structions issued pursuant thereto. The ENGINEERwr.t.r take such action vrith respect to any subcon_
!I3:!t _pf"curement, or leasJ a6 the VTLLAGE,DEPARTMENT or the Federal Highway Administrationmay direct as a means- of enforling- such provisionsincluding sanctions. for noncompfi""... provided,however, that in the event tfre eNeiinrR becomesinvolved in, or i6 threatened with liiiqation witha subcontractor, supplier or lessor as i result ofsucn drrected action, the ENGfNEER may request theVILLAGE and DEPARTMENT to enter into's.r"li 1itiga_
!191 to protect the interest of the VILLAGE,DEPARTMENT, and in addition, the ENGINEER ,naylequest the United States to enter into liti.gatioito protect the interest of the United States.
Sanctj.ons for lioncompLiance: fn the event of theENGINEERT,S no_ncompliance with Section I through 5above, the VILLAGE shaIl impose such AGREE:MENTsanctions as it o! the Fedeial Highway Adminis_tratj.on may. determine to be appropriite, i".fuai"gbut not limited to:
(a! withholding ofthe AGREEMENT
and /or
pal'ments to the ENGfNEER underuntiL the Engineer complies,
or suspension ofin part.
Article 18 Egual Bnployment Opportunity
fn the event of the Contractorrs noncompliance with anyprovision of this Equal. Enplo)rment Opportunity Clause, theIllinois Fair Employment practices Act or the Fair ftaptoymentPractices Comn'.ission r s Rules and Regulations for public Con_tracts, the Contractor may be declared nonresponsible and there_fore ineJ'igible for future contracts or subcontracts with thestate of rllinois or any of its poritical subdivisions or munici-par corporations, the contract may be cancelled or voided inwhole or in part, and such other sanctions or penalties may beirnposed and remedies invoked as provided by statute or regu_fation .
(b) CanceJ,Iation, tenr,inationthe AGREEMENT in whole or
-20-
(1)
t2l
(3)
(4)
(AGREEITIENT), the
That it will not discriminate against any employeeor applicant for employment because -of -raie,
.color_, religion, sex, national origin or ancestry;hnd further that it wil] examine itf loU classi_fications to determine if minority -p"rrorr" orvromen are underutilized and will takL ippropri.ateaffirmative actj.on to rectify any such underuti_lization.
That, if it hires addj-tional employees in order toperform this contract, or any poriion hereof, iiwiLl determine the availabiliiy (in accordanceviith the Commissionrs Rules and- Regulatj.ons forPublic Contracts) of minorities and rromen in thearea (s) from which it may reasonably recruit andit will hire for each job- classi ficat'ion for whichemployees are hired in such a hray that roinoritiesand wonen are not underutil,ized. -
That, in all solicitations or advertisements foremployees placed by it or on its behalf, it willstate_ that all. applicants wiIl be afforded equalopportunity irithout discrimination because ofrace, religion, sex, national origin or ancestry.
That it will send to each' labor organization orrepresentative of workers with which-it has or isbound by a colLective bargaJ.ning or other agree-ment or understanding, a notice advising suchlabor organization or representative of theContractorrs obligations under the IlLinois FairEnployment Practices Act and the Cornmission'sRuIes and Regulations for public Contracts. Ifany such labor organization or representativefails or refuses to cooperate with th; Contractorin its efforts to comply with such Act and Rulesand. Regulations, the Contractor will pronptly sonotify the Illinois Fair Enploymenf practices
Commission and the contractina a-gency and wilIrecruit employees from other sourcis ihen neces_sary to fu1fi11 its obligatj,ons thereunder.
That it will subnit reports as reguired by the
-I1linois Fair Employment practices Cormj.sslion'sRules . and Regulations for public Contracts,furnish aI1 relevant information as may from timeto time . be requested by the Commission or thecontracting- -a.gency, and- in aI1 respects complywj.th the Illinois Fair Enployment p-ractices ir"tand the Corunissionr s Rulel ind Regulations forPublic Contracts.
-21-
(s)
During the performance of this contract
Contractor (ENGINEER) agrees as follows:
(6)
(7t
That it will pernit access to all relevant books,records accounts and work sites by personnel ofthe contracting agency and the - IiIinois Fair&npl-o),nent Practices Comnj.ssion for purposes ofinvestigation to ascertain complianci with theIllinois Fair &nploynent Act and- the CommissionrsRules and Regulations for pubLic Contracts.
hhat it will include verbatim or by reference theprovi.sions of paragraphs I through j of thisclause in every perfornance subcontr-act as definedin Section 2.10(b) of the Commissionrs Rules andRegulations for public Contracts so that suchprovisions will be binding upon every such subcon_tractori and that it will also so include theprorrisions of paragraphs 1,5,6, and Z in everysupply subcontract as defined in Sectj,on 2.10(aiof the Commissionrs Rules and Regulations forPublic Contracts so that such proviiions will bebinding upon every such subco-ntractor. In thesame manner as rrith other provis j.ons of thiscontract, the Contractor will be liable forcompliance with applJ-cab1e provisions of thiscl-ause by all its subcontractbrs, and further itwill _ -p-rompt ly notify the contracting agency andthe fllinois Fair Emplo!.ment practic6s Cbnu.nilsionin the event any subcontractor fail,s or refuses tocomply therewith. In addition, no Contractor willutilize any subcontractor declared by the Corunis-sion to.be nonresponsible a.nd therefo-re ineligibletor contracts or subcontracts with the Stat! ofIllinois o! any of its political subdivisions ormunicipal corporations.
-22-
CERTIFICATION OF VIL LAGE
I hereby certify that I am the U,r.Ail frA oAGL*ofthe VILLAGE OF BUFFALO GROVE , of the county of Lake ccook, and that the above CoNSULTANT or his representative has not
been reguired directly or indirectly as an express or impliedcondition in connection with obtaining or carrying out this
AGREEIIENT to;
(a) Enploy or retain,any f5.rm or person i
or agree
or
to employ or retai.n,
(b) Pay, or agree to pay, to any firm, person ororganization, any fee, contrib-ution, 'ac-nation orconsideration of any kind; except as here .*1r.""_ly stated (if any) 3
r acknowledge that this certificate is to be furnished tothe rllinois Departnent of Transportation and the Federal Highway
Administration, U.S. Departrnent of Transportation, in connectionwith this AGREEMENT involving participation of Federar.-aid
highway funds, and is subject to applicable state and Federar
laws both criminal and civil.
i,(
Dat c ].gna ture
-23-
I hereby certify that
authorized representative
NEERS, INC.., whose address
111inois, and that neither
has:
CERTITICATTON BY COTiSULTANT
am the ccid o ,,.d and duly
the firm I.{IDWEST CONSULTING ENGI-
5151 North Har1em Avenue, Chicago,
nor the above firm I here represent
I
of
is
I
(a) Enployed or
brokerage,
any firm oree workingto solicit
(b)
retained for a comrnission, percentage,contingent fee or other coniiderati5n,person (other than a bona fide employ-solely for me or the above consuflani)or secure this contracti
Agregd, as an express or implied conditionobtaining this contract, to e-mp loy or retainservices of any firm or person -in -connection
carrying out the contract; or
for
the
v,/i th
(c) Paid, or agreed to pay, to any firm, organizationo! person (other than a. bona fide employee workingsolely for me or the above consultint) any fee]contribution, donation or consideration "'f an;kj.nd, or in connection with, procuring ana cariyij,ng out the contracti excepd as her'e "*pr.""iystated (if any) ;
r acknowLedge that this certificate is to be furnished to the
Department and the Federal Highway Administration, U.S. Depart_
ment of Transportati.on , in connection with this contract involv-
ing participation of Federal-aid highway funds, and is subject to
applicable State and Federal Iaws, both crj.minal ancl civil.
(.a ^ zz-8+
Date Si ture
-24-
DG{I3IT A
HG]RLY RAIE RA},EE
CINSULTA}IT I S REHII,AR STAFT
FRO,ICIASSII'ICATICN
khcipal. Ergireer
koject Manager
Resident frgireer
Stmctural Eqjlleer
Suwel' Chief
koject Ergineer
Design fgireer
Constnrction Egireer
bchnician /Sunrey & Omst:uction
Senior Draf tsmn Aeclr:.i cian
Drafters
ClericalAibrd Prooessor
TP
s1s.00
13.00
10.50
10.00
10.00
10.00
9.00
10.00
6.00
10.00
6.00
6.00
s2s.00
20. 00
17.00
20.00
15.00
16.00
14.00
15.00
13.50
13.00
12.00
10.50
Date: april 1, 1984
-25-
DfiBIT B
PAYROI;L BURDEN & FAIGE CGTE
Fbderal bsurance Contri-brtions Act.. ..
State LrlrsIl)lqlIlent Ccnpensation.
ftsderal UnefiplcFrent Corparsation.
IbrlsrEnr s Ccrpeasation Insurarrce.
hid llcliclays, Vacation, ad Sick Leate............
Bornrs ard Inentive Paynents. .
Qualified Defer€d Retj-rsrent BerEfi+.s. . . . .
Group Insurance ....:..
IEIIAL PAYRCI.L BT]RDEI & TRNGE CGTE
t of Dileet
koductive
Payroll
9.03
2.91.
0.60
0.58
12.L2
6.32
t4.92
6.44
s2.92*
So:roe: Fisca1 Year H.jng 5/31/83
-26-
E{HIBIT C
g/ERHEAD IND ITiDIRM CGIS
State InccnE Ta<es..
Depreciation.
Irdj-rect Salaries - A&ni-nistrative,
Secretarial, lGssenger, Contraets, Negotiations,
Prcrposals, Ilrnssignable Staff Tire, ard professional
BusirEss Insuran@, includjlg actident, li,ability ardvaluable papers.
t of Direct
Productive
Payro1I
7.42
3.72
2.93
49.27
1.13
2.56
0.74
3.34
t2.36
1.87
0.37
o. 01
0.84
1.03
6.45
0.87
0.34
Education.
Eproduction aId kintiry Oosts.. .
Offie Spplies......
Data kocessilg
kofessional Servies lrEludfug Iegal ardAco:ntiry.
EplqTees Ilavel, Rrsj-r€ss ltetjrg ard &rsi-ressEvebfnEnt Dpenses.
Ileleptrcrre ard Fo6tage.
bcruitfug ard klocatilry Epense.......
fraining ard Educational l{cn-Salary EPense-s.........
Fees, Licenses, Dues, and h:blications (Ttsctrnica1 ard
Professional)
Utilities ard !,lai-ntenance
Offie Rent.
Eq>lcyee klations. . .
Other npenses......
TC'IAL CAERHEED
Scr:rce: Fj.scal Year Mirg 5/31/83
_)1_
89.25*
brte FNJ 2657
Section Villaqe 83-00019-01-q{
ect D( & M-6003 243
6mty Lake
Job rb.
CGT ESTIqASE CF COI,ISIJLTAIiIII S Str{1/ICES
\/ILTTffi OF BI'FI'AIO GRCT/E
PTIASE 3 BEINMII{E
HJFTAIO GRO/E ROAD/I'I,NDE,EIN RoAD F.A.U.S. I}iImo/EME\IT
Oonsultant:Midrest Consul J_n€€rs Date: o6/2L/84
I'lurber
of
l"lan
fburs
Do I S)Iar S (
11Payro
&
Frirtge
Bernfits
(c)
In-fhrse
Direct
Costs
(D)
S\rb-tt ta1 Net Fee
(a)
Services
by
Otlers
(G)
tof
Grard
Irotal
(r)Itsn (A)
.bs
6. Ma
t 400
r50
16
2
3 In
le
(B)(F)
44063
000
ItotaI
(H)
T2
96
20
8.9
00 8.9
5
0
3
938
9
1
8
5
0
1
I
00
60
9
0
3
I
1
3
l
2
498 8I
2
428
23 7
00 0
0004
lbtals
-,390:$1 ,23L : $18,927 $
-28-
: $36 ,151 : $4,569 $4,0002, 000 :944,1 20 : 100.0
Descriptior of Services: (a) thteriaL Testing by Sub-Consultant
D(}tibit D
Page 1 of 2
Inc.
AVMAGE Hct'RT,Y PROJTT]T RATES
!rIIJ.IGE Cr. BI'r?AI.o GRO/E
PHASE 3 EIG]NMING
BI]FTAI.O GRO/I MD/}ruNDM,EIN ROAD E.A.U.S. IMPRCA/EMENI
tiidrest Consul
CTA.SSIFTCATION
l_neers fnc
SAL-
ARY
ITEI.4
I &sident hgirEering:
ITEi' 2
Constnrction
Sunteying
ITEI.{ 3.
Inspectiort
ITTl\,l
Docurentatl-cl
I PART : hGT. RATE t PART : TGT. RAIE t PART : VGT. RTITE I PART : IGT.- "{E
FIF:IN RESDEVI' DGINF,F]I :12.00 : 100 8. 40 80 9. 60:7.s0:50 3. 75 30 : 2.25TEnINICIAN 20 1. 50
12. 00 100 9.75 100 $10.6s 100
Bhi-bit D
PaEe 2 of 2
s11.10AVMEGE PAYROLL RAIE 100
-29-
12.00 : s0 :6.00 : 70 :
tt : ltv 9e 1fir ht
ifJi':''-'
at\'- :-.,r/-JJl,