1986-02-03 - Resolution 1986-04 - APPROVING AN AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE 1986 VILLAGEWIDE CONTRACTUAL STREET MAINTENANCE PROJECTRESOLUTION N0. 86- 4
A RESOLUTION APPROVING AN AGREE{ENT FOR CONSTRUCTION
ENGINEERING SERVICES FOR TIIE I985 VILLAGEWIDE
CONIRACTUAL STREET I..'AINTENANCE PROJECT.
llllEREAS, the Presldent and Board of Trustees of the Vlllage
of Buffalo Grove deslre to cauae the lnplementatLon of the 1985
Vlllagewlde Contractual Street !{alntenance ProJect; and,
WXEREAS, the approval of agreement hrlth a consultlng
englneer ls requlred ln order to proceed lrlth the necesaary
englneerlng of the proJ ect .
NOW, TIIEREFORE, BE IT RESOLVED by the President and Board of
Truateea of the V111a8e of Buffalo Grove, Lake and Cook Countles,
Illinols, that the Presldent and Clerk be, and they are hereby
authorlzed and directed to execute the [Agreement for
Constructlon Englneering Services for the 1986 VIJ-lagewlde
Contractual Street llalntenance Project.rr A copy of sald contract
ls attached hereto and made a part thereof.
AyES: 6 - Marienthal, OrReilly, Glover, Reid, Shields, Kowalski
NAYES :0 - None
A3 SENT :0 - None
PASSm: February 3 1986
1986APPRoVED: February 3
APPR
ATTEST:
Vi lage erk
&-[-*
va age Presldent
VILLAGE OF BUFFALO GROVE, ILLINOIS
STREET IMPROVEMENTS SECTION 85-OOO36-01-RS
ENGINEERING CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT is made as of the 3rd day of February1986, by and betvreen the Village of Buffalo crove, Iocated in the
Counties of Cook and Lake of the State of I11inois, hereinaftercaIled the VILLAGE, and Baxter & Woodman, Inc., EnvironmentalEngineers, an IlIinois corporation, hereinafter called the ENGI-
NEERS, for engineering services in connection wit.h the construc-tion of street improvements designated as Seccion 85-00035-01-RS,hereinafter referred t.o as the PROJECT, which will be financedentirely or in part vrith Motor Fuel Tax funds allotted to the
VILLAGE by the State of Illinois and constructed under the general
supervision of the Illinois Department of Transportation, Divisionof Highvrays, hereinafter called IDOT.
WITNESSETH that in consideration of the mutual covenantshereinafter set forth, the parties hereto agree as follows:
SECTION 1. The ENGINEERS shal1 act as the VILLAGE,s repre-sentative with duties, responsibilities and limitation of author-ity as stated in the construction contract documents, and shal1perforn or be responsible for the performance of the fotlowing
engineering services for the PROJECT.
1.1 Provide general construction administration serviceswhich shalI include:
(1) Advise and confer with VILLAGE officials and staffduring construction, and issue the VILLAGE' s authorized instruc-tions to the Contractor.
(2) Attend the preconstruction conference.
(4) A Principal or Senior Engineer will conductperiodic visits to the PROJECT site during construction to observethe progress of work and to interpret the p1ans, specificationsand contract documents as necessary.
(3) Review the Contractor's proposed
schedule and list of subcontractors.
(5) Provide the services oftesting company, as a subconsultant, totesting of Portland Cement concrete and
accordance with IDOT Bureau of Mat.erialsfor proportioning eng ineers.
construction
a qualified mate r ialsperform proportioning and
bituminous mixtures in
manuaLs of insEructions
orders,
sion to
(6) Prepare allrecords, and reports
IDOT.
construction
required by
payment estimates, changethe VILLAGE for submis-
1
tion and
(7)
issue
made dur ing
and provide
tion record
Conduct a
an opinion
(8) Revise the PROJECTconstruction which thethe VILLAGE with thr eepl-ans.
final inspection of completed construc-of final completion to the VILLAGE.
plans to sho$, those changes
ENGINEERS consider significant,(3) sets of the final construc-
1.2 Provide field engineers on a fu1l timeconstruction to perform the following services:
basis during
(1)
and replacement gutter for removal
(2ttion proceeds.Set lines and grades where reguired as construc-
(3) Observe in general if the Contractor's work is inconformity vrith the plans and specifications, and endeavor to pro-tect the VILLAGE against defects and def j.ciencies in the Contrac-torrs work; however, the ENGINEERS are not responsible for theContractor I s construction means, methods, techniques, sequences orprocedures, time of performance, or for safety precautions or pro-grams, incident to the PROJECT, or for the Contiactor's failure toperform the work in accordance with the construction contractdocuments.
Mark all pavement and curb andas construction proceeds.
(4) Keep a daily record of the Contractorrs work in-cluding notations on the nature and cost of any extra work, andprovide. weekly reports to the VILLAGE of the c6nstruction progressand working days charged against the Contractor,s time for'comple-tion.
SECTION 2. Thefor the pro fess ional
follows:
VILLAGE agrees to compensate theservices enumerated in Section 1
ENG INEERS
hereof as
2.I The ENGINEERSSections 1.1 and I.2 whichfollowing standard hourly
eime performed:
Pr inc ipa 1
Senior Eng i nee r
Eng ineer
Engineer Techn ic ian
2.2 The ENGINEERS shalltravel expense at $0.21 per rnileat actual cost.
ant
with
shall be paid for Eheir servicessha11 be computed on the basisrates of compensation for actual
inof the
work
2.3 The ENGINEERS shalI be reimbursedservices described in Subsection I.1(5) atno additional mark-up.
to $76 perto $62 perto $50 perto $40 per
be reimbursed for automobileplus any out-of-pocket expenses
for the subconsult-the actual cost
Db {
$s0
$40
$20
hour
hour
hour
hou r
2
The ENGINEEBS' total feefollowing terms:
sha1l not exceed gS7r000 sub-2.4ject to the
not exceed
. (1) The PROJECT is completed within 70 consecutiveworking days not including saturdals, sundays ana fegai -troiia"yr.
(2) The Contractor's working schedule does not requirethe ENGINEERS to work on Saturdays, Sundays, or 1ega1 holidays.
(3) The subconsultant cost for materials testing does$6, ooo.
2.5 The ENGINEERS' total fee for engineering servicesstated in subsection 2.4 hereof sharl not exceed the stated amountunless the ENGTNEERS justify and the viir.acr concurs that the in-creased time of effort and/or incurred expenses are necessary andessential to complete the PROJECT. Ouring progress of work underthis Agreenent, the ENGINEERs stra:-f con[inrirr"iy -roniio.-iii.i.
costs and anticipate future costs, and if sr.t, ionitoiirg-iiai_cates possible costs in excess of the amounts stated, the ENGI_NEERS sharl immediarery notify tne vrr,iaee of such inti.ip"-l"aincreases so thaL a proper ad-justment to the ug reeO
- corp"I""t ionfor. engineering servic.'" ""n-6u-^ui"i iJr"""r, if the ENGTNEERSfail to so notify rh:^y.MlgE or anticifated increase" oi-"n9i_neering costs, rhe ENGTNEERS waive ;;;-;i;i; f;;';;;;; I.^1";""_tion after the work has been "ornpfei"6.-
2
ment ofshaIl be
ments as
.6 The ENGINEERS may^subnit monthly statements for pay_services as the PROJECT progresses.' tt.". statementssupplemented by time reior6s ana-ott "i-suppoi[inf
'a"cu_
may be requested by the VILLAGE.
2.7 payments to the ENGINEERS sha1l be due and payablewithin thirty (30) consecutive calendar days from the ENGINEERSTinvoice to the VILLAGE.
SECTION 3. The parties hereto further mutually agree:
3.I This Aoreement nay be terminated, in i{ho1e or in part,in writing by eith6r-pgrty if either oi tn" other parties substan-tialIy fails ro fulfiil its oUfigiii.oi! ,na". rhis Agreementthrough no fault of the . terrninai inj -pui tv; or the ,TLLAGE nay ter-minate. this Agreement, in whole o.'ii-pi.t, in writing, for itsconvenience. However, no such termination may be effected unl,essthe. terninating party gives the otrrei-pu.tv (1) not ress than ten(10) calendar days wiiIten notice -iJ.fI""."a by cerrified maiI,!:turl receipr requested) of inrenr io-te.minut., "nJ-iii "Iopportunitv for a meeting wirh ttre teiminatint ;;rrt-uJr6.I"t..-mination. If this Agreement i." t..rninuied, the ENGINEERS shall bepaid for services oeiforned t. tt,"-"ir-IJtiu. Jit. "i-'t.riii"tion,including reinbursibl"
"*p"n""".-
-3 -
3
damages
acts of
circunstances beyond the control of the other party.
3.3 The ENGINEERS shall acquire and maintain statutory
workerts conpensation insurance coverage, comprehensive liability
insurance coverage, and professional liability insurance cover-
age. The ENGINEERS agree to hold harmless, indemnify and defend
the VILLAGE and each of its officers, agents and employees from
any and all liability claims, losses, or damage arising out of or
alleged to arise from negligence in the performance of the ser-
vices under this Agreement, but not including liability that may
be due to the sole negligence of the VIILAGE, or other consult-
ants, contractors or subcontractors working for the VILLAGE, or
their officers, agents and employees, the ENGINEERST liability
shall be for any warranties for which the VILLAGE may be fountl
liable to third parties by reason of having hired the ENGINEERS
for this PROJECT; however, the VILLAGE agrees not to require lhe
ENGINEERS to maintain professional liabitity insurance coverage of
more than five hundred thousand dollars ($500r000) for such
warranties due to the ENGINEERST professional negligent acts,
errors, or omi ss ions.
3.4 The ENGINEERS shall be responsible for their profes-
sional quality, technical accuracy, timely cornpletion, and coor-
dination of all services furnished or required under this Agree-
ment, and sha1l endeavor to perforn such services with the same
ski11 and judgement which can be reasonably expected from similar-ly situated profess ionals.
3.5 The VILLAGE nay, at any time, by written order, nake
changes within the general scope of this Agreenent in the services
or work to be perforned by the ENGINEERS. If such changes cause
an increase or decrease in the ENGINEERST costs of, or time
required for, performance of any services under this Agreement,
vrhether or not changed by any order, an equitable adjustment shal1
be made and this Agreement shall be modified in writing according-
Iy. The ENGINEERS nust assert any claim for adjustment under thisprovision in writing within 30 days from the date of receipt by
the ENGINEERS of the notification of change, unless the VILLAGE
grants a further period of tine before the date of final payment
.2
or
Go
Neither party shall hotd the other resPonsible for
time delays in the performance of the PROJECT caused by
d, strikes, lockouts, accidents, or other events or
4
under this Agreement. No service for which an additional compen-sation will be charged by the ENGINEERS sha11 be furnished withoutthe r.rritten authorization of the vILLAGE.
3.6 A11 claims, counter-claims, disputes and other nattersin question between the parties hereto arising out of or relatingto this Agreenent or breach thereof will be decided by arbitrationin accordance with the Construction Industry Arbitration Rules ofthe American Arbitration Association if the parties mutuallyagree, or in a court of competent jurisdiction within the State ofIIIinois.
3.7 The ENGINEERS warrant that they have not employed orretained any company or person, other than a bona fide employeeworking soJ.ely for the ENGINEERS, to soticit or secure this con-tract, and that they have not paid or agreed to pay any company orperson, other than a bona fide employee vrorking sole1y for the
ENGINEERS, any fee, commission, percentage, brokerage fee, gifts,or any other consideration, contingent upon or resulting from the
ar4rard of making of this contract. For breach or viotation of thiswarranty, the VILLAGE shall have the right to annul this contractwithout Iiability.
IN WITNESS WHEREOF the VILLAGE has caused the execution ofthis Agreement to be made by its Village President and attested byits Clerk pursuant to a resolution passed by the Board of Trust-ees, which resolut,ion is considered to be part of this Agreementthe same as though it were lrritten herein, and the ENGINEERS havehereunto set, their hand and seal as of the day and year firstabove wr i tten.
VILLAGE OF BUFEALO GROVE, ILLINOIS
( SEAL )
By
Village Pr es id
ATTEST :
,"1 S,"h*.Ilage Clerk
BAXTER & WOODMAN, INC.
By
v ice res dent
APPROVED MAR 1 3 19867AT
Sec retary a-
OIBTRICT ENOINEEII
( SEAL )
-5-
\.
STATE OF ILL'NOIS )
)
couNTtES 0F C00K AfiD LAKE )
l, JANET H. SIRABIAN, hereby certlfy that I am the
duly elected, qualifted and acting VILLAGE CLERK of the Village
of Buffalo Grove, Counties of Cook and Lake, lllinois, and the
keeper of lts seal and records.
I hereby further certify that the attached is a true
copy of Resolution l{o. 86-4 adopted on the 3rd day of
Iebruary l9j, by the Vit lage Board of the Vit lage
of Buffalo Grove as s hovrn by the records ln nry custody.
lN WITNESS I/HEREOF, I have hereunto set my hand and
afflxed the seal of the Village of guffalo Grove aforesaid,
at sald Vlllage, in the County and State aforesaid, g1r1, 6th
day of February ro 86..--
age C er
By
Deputy Clerk