1985-02-25 - Resolution 1985-11 - APPROVING AN AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE 1985 VILLAGEWIDE CONTRACTUAL STREET MAINTENANCE PROJECTRESOLUTION NO. 85-11
PPROV]NG AN AGREEMENT FOR CONSTRUCTION ENGINEERING
HE 1985 VILLAGEWIDE CONTRACTUAL STREET MAINTENANCE
A RESOLUTIO
SERVICES FO
PROJECT.
NA
RT
WHEREAS, the President and Board of Trustees of the Village of
Buffalo Grove desire to cause the implementation of the 1985 Vi'l lage-
wide Contractual Street Maintenance Project; and,
WHEREAS, the approval of an agreement with a consulting eng-
ineer is required in order to proceed with the necessary engineering
of the project.
N0lll, THEREF0RE, BE IT RES0LVED by the President and Board of
Trustees of the Village of Buffalo Grove, Lake and Cook Counties,
Ill'inois, that the President and Clerk be, and they are hereby
authorized and d'irected to execute the "Agreement for Construction
Engineering Services for the 1985 Villagewide Contractual Street
Maintenance Proiect." A copy of said contract is attached hereto
and made a part thereof.
AYES:6 - I'larlenthal, Stone, o'Reilly, Ilartstein, Glover, Reid' Clayton
NAYES: O - NONC
0 - NoneABSENT:
PASSED:February 25 , 1985
, 1985APPROVED:Iebruary 25
APPRO
ATTEST:
"*-fn S"ri."*
Vi1lage I erk
il age res r'dent
/
AGREEMENT FOR CONSTRUCTION
ENGINEERING SERVICES F'OR THE
VILLAGE OF BUFFALO GROVE
1985 VILLAGB-WIDE CONTRACTUAL
STREET MAINTENANCE PROJECT
THIS AGREEMENT MADE AND ENTERED INTo this 25th day of
Environmental E n9r.n
, 1985, by and between Baxter & Woodman, fnc.,eers, of the City of Crystal Lake, County ofMcHenry, and State of Illinoisr hereinafter called the ENGINEER,and the Village of Buffalo Grove, located in the Count.ies of Cookand Lake, and State of IIlinois, hereinafter calfed the MUNICIpAL-ITY covers certain engineering services in connection with theproposed improvement designated as Section 84-00035-01-RS, which
improvement wi.1l- be financed entirely or in part with Motor FueITax funds allotted to the MUNICIPALITy by the State of IIlinoisand constructed under the general supervision of the SEaEe,sDepartment of Transportation, Division of Highways, hereinaftercaIIed the DIVISION OF HIGHWAYS.
WITNESSETH THAT, in cons i de r at ionthe mutual covenants herein set forth,of these premises and of
THE ENGINEER AGREES:
the
fn
review the
and list of
I To perform or be responsible for the performance offollowing engineering services for the MUNICIpALITy
connection with the proposed improvement heretofore
descr ibed :
a
b
Attend the preconstruction conference;
contractor ' s proposed progress schedule
subcontractors,
Mark all pavement and curb and gutter for removal and
replacement as construction proceed s.
Set l ines and
proceeds.
grades where required as construction
d. Furnish resident engineering which shaII include:
(1) Continuous observation of the details of con-
struction for compliance with plans and specifi-
cations as construction proceeds.
(2) Keeping a daily record or loq of the contractorrs
activities throughout. construction including
notations on the nature and cost of any extra
work and providing weekly reports to the MUNICI-
PALITY and contractor concerning progress and
working days charged.
February
(3) Revision of contract drawings to showand nature of improvement as actually
Furnish general
shaIl include:
construction admin istrat ion which
2
Iocat ion
constructed.
e
(I) Interpretation of provisions inspecif ications as construction
pr inc ipal or senior engineer.
the pIans
proceeds by
and
a
(2) Periodic visits
the progress ofsenior engineer I
to the work as necessary duringconstruction by a principal or
(3)Preparation and submission for the MUNICIPALITY,in the required number of copies, all paymentestimates, change orders, records, and reportsrequired by the DIVISION OF HIGHWAYS.
2
(4) Endeavoring to safeguard the MUNICIPALITY againstdefects and deficiencies on the part of the con-tractor, but the ENGINEER does not guarantee theperformance of the contract by the contractor.
(5) Conducting final inspection of construction andpreparation of final papers and reports.
f. Furnish or cause to be furnished:
(2) Proportioning and testing of bituminous mixtures(including extraction test) in accordance wiEhthe "ManuaI of Instructions for Bituminous pro-
portioning Eng j.neers" issued by the Bureau ofMaterials, of Ehe DIVISION OE HIGHWAyS, andpromptly submit reports on forms prepared by said
Bureau.
To perform the services stipulated in paragraphs I(a)through 1(f) to the extent necessary to satisfy therequirements of t.he project Ehroughout the entire con-struction phase on an hourly rate basis for actual time
spent on this project and on a reimbursement basis fortravel and other out-of-pocket expenses. The hourly
(1) Propor:tioning and Eesting of concrete mixtures in
accordance with the "ManuaI of Instructions for
Concrete Proportioning Engineers" issued by the
Bureau of Materials, of the DIVISION Op HIGHWAYS,
and promptly submit reports on forms prepared bysaid Bureau.
rates listed below include prof j.t, overhead, readiness toserve, insurance, social security, retirement, vrorknanrs
compensation, vacation, paid holidays, and sick Ieave.Subject to the approval of the MtNICIpALITy, the ENGINEERwiIl sublet the services provided under paragraph 1(f).
The cost for this service will be the direct charge fronthe subcontractor with no additional mark-up.
Grade Classification of Employee Hourly Rate
3
Engineer Technic ian
Eng ineer
Senior Eng ineer
Pr inc ipal
Vehicle Expense
s20.00-$44.00
$36.00-$50.00
$s0.00-$62.00
$64 .00-s75.00
$0.2g,zniIe
3. That the total cost for a1l the services stipulatedparagraphs I(a) through 1(f) wiIl not exceed $75,000long as the following conditions are met:
a.A11 construction is compl,eted within the contractcompletion tirne of 90 $rorking days.
The contractor rs schedule does not require the ENGI-
NEER to work on Saturdays, Sundays, or hoiidays.
b.
Material testing cost does not exceed $7,500.
4
in
as
To submit statements or invoices which are supplementeo
by appropriate time records and other supporting data as
may be required by the MUNICIPALITY;
THE MUNICIPALITY AGREES :
To pay for the services stipulated in paragraphs 1(a)
through I(f) in accordance with paragraphs 2 and 3 abovein a timely manner up to a naximurn value of $751000 based
on statements or invoices provided by the ENGINEER. The
frequency of such statements shall be not :nore than cneper month.
I
2. Should the project be abandoned or should this Agreenent
be terminated at any time after any part of the construc-tion engineering services have begun and prior to comple-
tion of such services, the MUNIcIPALITY will reinburse
the ENGINEER for all costs at the hourly rates set forth
above up to the time of notification in writing by the
MUNICIPALlTY of such abandonment or termination.
4.
3 Should the cost for construction engineering servicesexceed $75,000 because one or more of the conditions inparagraph 3 under TIiE ENGINEER AGREES sere not met, theII{UNICIPALITY will compensate the ENGINEER for alI addi-tional costs directly associated with those conditionson1y. The additional cost will be on the same basis asdescribed above. Additional compensation (above $75rOO0)wil"I be made only if the ENGINEEi:
a Advises the IIUNICIPALITY when one orthree conditions listed in paragraph
ENGINEER AGREES is being violated.
more of the
3 under THE
b.Provides proper documentation accurately describingadditional costs.
c.Advises the MUNICIPALITY in advance of total con-struction engineering cost exceeding $75,000.
d. Receives prior approval from the }IUNICIpALITy.
IT IS MUTUALLY AGREED :
2
1. That any difference between the ENGINEER and the MUNICI-
PALITY concerning the interpretation of the provisions ofthis Agreement shall- be referred to a conmittee of disin-terested parties consisting of one member appointed bythe ENGINEER, one member appointed by the MUNICIPALITY,
and a third nember appointed by the two other members fordisposition and that the committee,s decision shall befinal.
That the ENGINEER warrants that he has not enployed orretained any company or person other than a bona fide
employee working solely for the ENGINEER, to solicit orsecure this contract, and that he has not paid or agreedto pay any company or person, other than a bona fide
employee working solely for the ENGINEER, any fee, com-mission, percentage, brokerage fee, gifts, or any otherconsideration, contingent upon or resulting fron the
award of making of this contract. For breach or viola-tion of this warranty, the MUNICIPALITY sha11 have theright to annul this contract without Iiability.
That this Agreement for Engineering Services may be
terminated for cause by the parties hereto upon thirty(30) days written notice, but should the MUNIcIPALITY
terminate this Agreement, the ENGTNEER shall be paid in
accordance with paragraphs I, 2 and 3, as applicable,
undeT THE MUNICIPALITY AGREES.
3
IN WITNESS WHEREOF the ENGINEER has hereunto set his hand andseal the day and date first above written and the MUNICIPALITY has
caused the execution of the Contract to be made by it.s villagePresident and attested to by its ViJ-Iage Clerk pursuant to theresolution passed by the Board of Trustees, which resolution is to
be considered as a part of these Articles of Agreement, the sarne
as though it were written herein.
BAXTER & WOODMAN, INC.
ENVIRONMENTAL ENGINEERS
By
V 1Ce-President
ATTEST:VILLAGE OF BUFFALO GROVE, ILLINO]S
fr"**T),L,&,u&,i,-By
Mrla)ic ip aL Clerk
5
rest ent
Baxter & Woodman Inc. S
P
4
:-..\
Mun aI Seal
.-' j1'
'ti . .'
State of l11i-nois
DEPA}TI},BIT OF TRA}ISPORTATICI.{
Bureau of Local Roa& and Streets
SPEC IAL PROVIS IOi
FOR
F IR B(PLOY]I(E\T PRr{CTI cFS
In ad,ti tion to a-Ll other labor requi. renren ts set fo rt}l in dris proposal and i-nthc Standard Spccificatiors for Road :nd Bridge Construction, adopted by tlre
Dcparurcnt of Traasportation during the perfonnancc of this contract, the
contractor for itself, its assignees, and successors in interest (hereinafterreferred to as t}le "contractor") agrees as follols:
r. SELECTIoN oF t-ABoR
The Contractor shall corply with aLl Illinois statutes pertaining to theselection of l abor.
iI. EqJAL E\{Prc\}(BrT OPPORTINITY
D:ring the pe rformaace of this contract, the contractor agrEes as fol1q{s:
(1) That it will not discri.ninate agai-rs t any enployee or applicantfor employnrent becalue of race, co1or, religion, sex, national origin
or arcestry; and further that it rri11 exan-irre all job classificationsto &tennine if mj-nority persons or Hqren are underutilized and r+i1l
take appropriate aJfirnrative action to rcctify a.ny such underutiliza-
t ion.
(2) That, if it hires adaitional erployees in order to perform this
contract or any portion hereof, it will de te rrti-ne the availability of
mi-norities and ronen in tJre area(s) frcrn r4rich it nray reasonably
recruit and it will hire for each job classification for xtr-ich em-
p).oyces are hired in such a way that rn-inorities and womn are not
m& ru ti 1i zed.
(3) That, in alI solicitations or advertiscnents for enployees placed
by it or on its behaLf, it will statc that al.I applicants will be
afforded eq a'1 oppo rtlni t'y without dis crijnina t i on because of race,
color, religion, sex,. national origin or ancestry.
(4) That it wi.ll send to eadr lal:or orgainization or rcpresentative
of workers with which it has or is botmd by a co)-Iective b a rg a-in-i ng or
other agreenent or L!-rde rs tanding, a notice advis ing s uch labor orgaa-
ization or representati!"e of the contractor's obligations r:n&r theIlli-nois Fa-ir hplo7'ncnt Practiccs Act aad t}le Comnission's Rul.cs and
Rcgulations for h-rbLic Contracts. If any such Iabor organization or
representative fails or rcfr,r-scs to cooperate with the contractor in
its efforts to conply with such Act and Rules and Regulatiors, the
Form LR 120
(1- 80)
Sheet 1 of 2
contractor will pronptly so notify the Illinois Fair Erp I oynren t
Practices Corrris s ion and the contracting agenry and wiIl recruit
cnrployces frsm other sources r.hen necessary to fuIfill its obliga-tiors therer..o'rder.
(5) That iE wj.Il slbmit reports as required by the Illinois Fair
Erplo).rent Practices Conrdssion's hlles and Regulations for h.rblic
Contracts, furnish al.L relevant i,nfornation as rnay frorn tijne to tire
be requested by the Connlis s ion or thc contracting agency, and in all
respccLs conp).y with the IlIinois Fair Enrployrrcnt Practiccs Act and
the Cormissionrs h.rles and RegulatiorLs for hlblic Contracts.
(6) That it will permit access to al.1 relevanc books, records,
accounLs and work sites by personnel of the contracting agenqy and
the Illinois Fair Brploynent Practices Connriss ion for purposes of
investigation to ascertain conplia,lce w-i th the Illinois Fair Enploy-
rent Practices Act and the Cormrission's Rules and Regulationd for
Public Contracts,
(7) That it will inclu& verbati.rn or by reference t}re provis iors of
paragraphs 1 thrcugh 7 of this clause in every perfonMnce subcon-
tract as &fined in Section 2.100) of the Conrnission's Rules and
Regulations for h-rblic Contracts so that such provis ion-s will be
bi-nding Won every such subcontractor; and t}lat it rvil.l al.so so
inclu& the provisiors of paragraphs 1, 5, 6 and 7 in every supply
subcontract as defined in Secti.on 2.10(a) of the Cornr.ission's Rules
and Regulations for hiblic Contracts so that suci provisions will
be bindj-ng rpon every such subcontractor. In the sare manner a-s
wit-h other pro\ris ions of this contract, the contractor will be lj.able
for conpliance with applicable prov-is ions of tlds clau-se by al1 j.ts
subcontractors; and further it will pronptly notify the contracting
agency and the Illinois Faj.r E:ployment Pratices Conrdssion in the
event any subcontractor fails or refrrses to conply therewith.
Form LR 120
(r-80)
Sheet 2 of 2