1987-08-03 - Resolution 1987-39 - APPROVING AN AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE 1987 VILLAGEWIDE CONTRACTUAL STREET MAINTENANCE PROJECTir rilu xr. (a)
RESoLUTToN No. 87- 39
A RESOLUTION A?PROVING AN ACREEI,'ENT FOR CONSTRUCTION
ENGINEERING SERVICES FOR TIIE 1987 VILLAGEMDE
CONTRACTUAI STREET MAINTENANCE PROJECT.
WIIEREAS, the Prestdent and Board of Trustees of the Vl11age
of Buffalo Grove deslre to cause the lnplementatlon of the 1987
Vlllagewlde Contractual Street Malntenance ProJect; and,
WHEREAS, the approval of agreenent wlth a consultlng
englneer ls requlred in order to proceed wlth the necessary
englreerlng of the proJect.
NoW, TITEREI'oRE, BE IT RESoLVED by the Presldent and Board of
Trustees of the Vll,lage of Buffalo Grove, Lake and Cook Countles'
Illlnols, that the Presldent and Clerk be, and they are hereby
authorLzed and directed to execute the ttAgreement for
Construction EnglneerLng Servlces for the 1987 Vlllagewlde
Contractual Street Malntenance Project.rr A copy of sald contract
ls attached hereto and made a part thereof.
AYES: 5 - Martenthal, Glover, Reid, Kowalski, Shifrln
NAYES: 0 - None
ASSENT: I - Shields
PASSED: AugusI 3 1987
1987APPROVED: AuguSI 3
APPROVED
V11lage Pres ident
ATTEST :
lage Clerk Pro Tem
VILLAGE OF BUFFALO GROVE, ILLINOIS
STREET IMPROVEMENTS SECTION 87-OOO43-01-FP
ENGINEERING CONSTRUCTION SERVICES AGREEMENT
WITNESSETH
hereinafter set
orders,
sion to
(6) Prepare allrecords, and reports
IDOT.
that in consideration of the mutual covenantsforth, the parties hereto agree as follows:
SECTION I. The ENGINEERS shall act as the VILLAGE's repre-
sentative with duties, responsibilities and linitation of author-ity as stated in the construction contract documents, and shallperfortn or be responsible for the perfornance of the following
engineering services for the PROJECT.
1.I Provide general construction administration services
which shall include:
(l) 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.
(3) Review the Contractor's proposed construction
schetlule and list of subcontractors.
(4) A principal or Senior Engineer vrilI conductperiodic visits to the PRO.IECT site during construction to observethe progress of work and to interpret the plans, specificationsand contract documents as necessary.
(5) Provide the services of a qualified naterialstesting company, as a subconsultant, to perform proportioning andtesting of Portland Cement concrete and bitumino-us i,ixtrrres I.,accordance with rDor Bureau of Materiars manuars of instructionsfor proportioning engineers.
construction paynent estimates, changerequired by the VILLAGE for submis-
THIS AGREEMENT is made as of the 3rd day of Augusr
1987, by and between the Virlage of BuTEiI6-8.o.,;, lom--€Tre-
Counties of Cook and Lake of the state of Illinois, hereinafter
called the VILLAGE, and Baxter & Woodman, Inc., Environmental
Engineers, an Illinois corporation, hereinafter ca1led the ENGI-
NEERS, for engineering services in connection with the construc-tion of street inprovenents designated as section 87-00043-Ol-FP,hereinafter referred to as the PROJECT, which wilI be financedentirely or in part with 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, Division
of Highways, hereinafter called IDOT.
-l-
(7) Conduct a
tion and issue an opinion
final inspection of
of final conpletion
completed construc-to the VILLAGE.
(8) Revise the PROJECT plans to show those changes
made during con6truction which the ENGINEERS consid.er significant,
and provitle the VILLAGE with three (3) sets of the final construc-
tion record planB.
1.2 Provide field engineers on a full tine basis during
con6truction to perforn the following servicee:
(1) Mark all pavenent and curb and gutter for removal
and rep]-acement as construction proceeds.
l2)tion proceeds.
Set lines and grades where required as construc-
(3) Observe in general if the Contractor's work is in
conformity with the plans and specifications, and endeavor to pro-
tect the VILLAGE against defects and deficiencies in the Contrac-
tor's work; however, the ENGINEERS are not responsible for the
Contractor's construction neans, nethods, techniques, sequences or
procedures, time of performance, or for safety precautions or pro-
gratns, incident to the PRO.IECT, or for the Contractor's failure to
perforur the work in accordance with the construction contract
document s .
(4) Keep a daily record of the Contractor's work in-cluding notations on the nature and cost of any extra work, andprovide weekly reports to the VILLAGE of the construction progresa
and working days charged against the Contractor's time for comple-tion.
SECTION 2. The VILLAGEfor the professional servicesfollons:
agrees to compensate the
enumerated in Section 1
ENG INEERS
hereof as
2.L The ENGINEERS shall be paid for their services inSections 1.1 anil 1.2 which sha1l be conputed on the ba6is of thefollowing standard hourly rates of compensation for actual worktime performed:
Principal
Senior Eng ineer
Engineer
Engineer Technician
$oo
$sz
$sz
$z+
$eo
$oa
$sz
$+z
toto
to
to
per hourper hourper hourper hour
2.2 The ENGINEERS shalI be reimbursed for automobiletraver expense at $0.2r per rnire prus any out-of-pocket eilensesat actual cost.
2.3 The ENGINEERS shal1 be reimbursedservices described in Subsection 1.I(5) atno additional mark-up.
ant
wi th
for the subconsult-the actual cost
2
2.4 The ENGINEERS' total fee ehall not exceed $19,500 sub-
ject to the following terns:
(I) The PROJECT is completed within 35 consecutive
working days not including Saturdays, sundays and legal holidays.
(2) The contractor's trorking schedule does not require
the ENGINEERS to work on Saturdays, Sundays, or Iegal holidays.
cost for materials testing does
not exceed
2.5 The ENGINEERS' total fee for engineering services
stated in Subsection 2.4 hereof shall not exceed the stated amount
unless the ENGINEERS justify and the VILLAGE concurs that the in-
creased tirne of effort and/or incurred exPenses are necessary and
essential to conplete the PROJECT. During Progress of work under
this Agreement, the ENGINEERS shall continuously monitor their
costs and anticipate future costs, and if such nonitoring indi-
cates possible costs in excess of the anounts stated, the ENGI-
NEERS shatl immediately notify the VILLAGE of such anticipated
increases so that a proper adjustment to the agreed compensation
for engineering services can be made; however, if the ENGINEERS
fail to so notify the VILLAGE of anticipated increases of engi-
neering costs, the ENGINEERS waive any claim for extra compensa-
tion after the work has been comPleted.
2.6 The ENGINEERS may subrnit nonthly statenents for pay-
ment of services as the PROJECT progresses. These statenents
shal1 be supplemented by time records and other supporti.ng docu-
ment6 as nay be requested by the VILLAGE.
2.7 Paymente to the ENGINEERS shall be due and payable
within thirty (30) consecutive calendar days from the ENGINEERS'
invoice to the VILLAGE.
SECTIoN 3. The parties hereto further mutually agree:
3.1 This Agreernent tnay be terminated, in whole or in part,
in writing by either party if either of the other parties substan-tially fails to futfill its obligations under this Agreenent
through no fault of the terminating party, or the VILLAGE may ter-
minate this Agreement, in whole or in part, in writing, for itsconvenience. However, no such termination nay be effectetl unlessthe terminating party gives the other party (t) not less than ten(10) calendar days written notice (delivered by certified naiI,return receipt requested) of intent to terminate, and (2) anopportunity for a neeting with the terminating party before ter-nination. If this Agreenent is terninated, the ENGINEERS shalt bepaid for services performed to the effective date of ternination,including reimbursable expenses.
( 3) fhe subconsultant
$2, soo.
3
3.2 Neither party ehall hotd the other reaponsible for
danages or time delays in the perforrnance of the PRO.TECT caused by
act6 of God, 6trikes, lockouts, accidents, or other events or
circumstances beyond the control of the other party.
3.3 The ENGINEERS shall acquire and maintain statutory
worker's compensation insurance coverage, comprehensive liability
insurance coverage, and professional liability insurance cover-
age. The ENGINEERS agree to hold harmless, indennify and defend
the VILLAGE and each of its officers, agents and employees fron
any and all liability claims, losses, or datnage arising out of or
alleged to arise fron negligence in the performance of the ser-
vices under this Agreement, but not including liability that may
be due to the sole negligence of the VILLAGE, or other consult-
ants, contractors or subcontractors working for the VILLAGE, or
their officers, agents and enployees, the ENGINEERS' liability
shall be for any warranties for which the VILLAGE nay be found
liable to third parties by reason of having hired the ENGINEERS
for this PRoJECT; however, the VILLAGE agrees not to require the
ENGINEERS to maintain professional Iiability insurance coverage of
more than five hundred thousand doll,ars ($SOO,0OO) for such
warranties due to the ENGINEERS' professional negligent acts,
errors, or oni.ssions.
3.4 The ENGINEERS shall be responsible for their profes-
sional quality, technical accuracy, timely completion, and coor-dination of all services furnished or required under this Agree-
ment, and shall endeavor to perform such services with the same
skill and judgement which can be reasonably expected from similar-ly Bituateal professionals.
3.5 The VILLAGE may, at any tine, by written order, nake
changes within the general scope of this Agreement in the services
or work to be performed by the ENGINEERS. If such changes cause
an increase or decrease in the ENGINEERS' costs of, or timerequired for, performance of any services under this Agreement,
whether or not changed by any order, an equitable adjustment shall
be made and this Agreement sha1l be modified in writing according-ly. The ENGINEERS must assert any clain for adjustnent under thisprovision in writing within 3O days from the date of receipt bythe ENGINEERS of the notification of change, unless the VILLAGEgrants a further period of time before the date of final paynent
4
under this Agreement. No service for which an additional conpen-
sation will be charged by the ENGINEERS shall be furnished withoutthe written authorization of the VILLAGE.
3.6 AII claims, counter-claims, disputes and other nattersin question betr"reen the parties hereto arising out of or relatingto this Agreement or breach thereof wiII be decided by arbitrationin accordance with the Construction Industry Arbitration RuIes of
the American Arbitration Association if the parties mutually
agree, or in a court of competent jurisdiction within the State ofIllinois.
3.7 The ENGINEERS warrant that they have not enployed orretained any company or person, other than a bona fide employee
working solely for the ENGINEERS, to solicit or secure this con-tract, and that they have not paid or agreed to pay any company orperson, other than a bona fide employee working solely for the
ENGINEERS, any fee, comnission, percentage, brokerage fee, gifts,
or any other consideration, contingent upon or resulting fron the
award of making of this contract. For breach or violation of this
warranty, the VILLAGE shall have the right to annul this contractwithout tiability.
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 Tru6t-
ees, which resolution is considered to be part of this Agreementthe same as though it were written herein, and the ENGINEERS havehereunto set their hand and seal as of the day and year first
above written.
VILLAGE OF BUFFAI,O GROVE, ILLINOIS
( SEAL )
By
L llage P res]'de
ATTEST :
v llage Clerk Pro 7c rn
BAXTER & WOODMAN, INC.
( snar,;/ x/ril-By
ATTEST:
Sec retary
5
a r rman