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1988-03-21 - Resolution 1988-12 - APPROVING AN AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE 1988 VILLAGEWIDE CONTRACTUAL STREET MAINTENANCE PROJECTAYES : A RESOLUTION APPROVING AN AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR TIIE 1988 VILLAGEITIDE CONTRACTUAI, STREET MAINTENANCE PROJECT. WIEREAS, the Vlllage of Buffal-o Grove ls a Hone Rule Unit purauant to the Illlnois Constl.tution of 1970; and, WIIEREAS, the Presldent and Board of Trustees of the Vlllage of Buffalo Grove deslre to cause the funplenentatlon of the 1988 Vlllagewlde Contractual Street llalntenance ProJect; and' WITEREAS, the approval of agreement irlth a consultlng engineer ls requlred 1n order to proceed wlth the necesaary englneerlng of the project. NOW, THEREFORE, BE IT RESOI,VED by the Presldent and Board of Truatees of the V111age of Buffalo Grove ' Lake and Cook Countlea' Il1lnols, that the Presldent and Clerk be, and the,r, are hereby authorlzed and dlrected to execute the 'tEnglneerlng Constructlon Servicea Agreenent.rr A copy of sald contract is attached hereto and made a part thereof. 5 - Glover, Reid,Shlelds . Marienthal ,Shlfrin NAYES:0 - None ABSENT: I - Kowalski PASSED: March 21 r 988 1988 APPROVED : v11 ge Presldent APPROVED: March 21 ATTEST : TYr vi1 e Clerk &^"9rr"4, RESOLUTION NO. 88- 12 VILLAGE OF BUFFALO GROVE, ILLINOIS STREET IMPROVEMENTS SECTION 87-OOO45-OO-FP ENGlNEERING CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT is made as of the 21 day of March 1988, by and between the Village of a ufTEl o Grove, IocatEd in t.he Counties of Cook and Lake of the State of Illinois, hereinafter ca11ed the VILLAGE, and Baxter & Woodman, Inc., Environmental Engineers. an Illinois corporation, hereinafter calIed the ENGI- NEERS, for engineering services in connection wiEh the construc-tion of street improvements designated as Section 87-00045-0o-FP, hereinafter referred to as the PROJECT, which will be financedentirely or in part with Motor Fuel Tax funds allotted to the VILLAGE by the State of Illinoj.s and constructed under the generaL supervision of the Illinois Department of Transportation, Divisionof Highways, hereinafter calIed IDOT. WITNESSETH that in consideraEion of the covenants herein, these parties agree as follows: SECTION l. The ENGINEERS shall act. as the VILLAGETs repre- sentative with duties, responsibiliEies and limitation of author-ity as stated in the consEruction contract documents, and shalI perform or be responsible for the performance of the following engineering services for the PRO.TECT. I.1 Provide general construcEion administration services which shall include: (1) Advi.se and confer wiEh VILLAGE officials and sEaff during construction, and issue the VILLAGE's authorized i.nstruc- tions to the Contractor. (2) Attend the preconstruction conference. (3 ) Review the Contractor's schedule and List of subcontractors. proposed construction (4) A Principal or Senior Engineer will conduct periodic visits to the PROJECT site during construction to observe Lhe progress of work and Eo interpret the plans, specifications and contract docunents as necessary. (5) Provide the services of testi.ng company, as a subconsultant, to Eesting of Portland Cement concrete and accordance wiEh IDOT Bureau of Materials for proportioning engineers. a qualified materials perform proportioning and bituminous mixtures in manuals of instrucLions paymenL estimates ' change the VILLAGE for submis- (6) Prepare aIl consEruction records, and reports required bY IDOT. orders, sion to 1 (7) Conduct a final inspection of completed construc- tion and issue an opinion of final conPleEion to the VILLAGE' (8) Revise the PRoJECT plans to show those changes construction which the ENGINEERS consider significanE, the VILLAGE with three (3) sets of the final construc- p1ans. Provide fietd engineers on a full Lime basis during to perform the following services: (1) llark all pavemenL and curb and gutter for removal and replacement as construction proceeds' (2t tion proceeds. Set Iines and grades where required as construc- made during and provide tion record 1.2 construction ant with Pr incipal Senior Eng i nee r Eng ineer Engineer Technic ian (3) observe in general if the Contractor's work is in conformity with the plans and specificaEions, and endeavor to Pro- tect the trllace against defecEs and deficiencies in the Contrac- tor,s worki hor,,rever, the ENGINEERS are not resPonsible for lhe Contractor's construction means, meEhods, techniques, sequences or pio""Jut"", time of performance, or -for . saf eEy precautions.or pro- ;;;;;;-i;;laent to tle PRoJECT, 9r. fo.r the contractor's failure Eo iiii"i.-in" work in accordance with the consEruction contract document s. (4) xeep a daily record of the Contractorrs work in- cluding notations on tte nature and cost of any extra work' and ;;;;ia; weekly reports to the vILLAGE of rhe construction progress i"a ,oirins diys inarged against the conEracEor,s time for comple- tion. SECTION 2. ThE for the Professionalfollows: 2.T ThE ENGlNEERS sections I.1 and I.2 which following standard hou r lY time performed: VITLAGE agrees to compensate the ENGINEERS services enumerated in Section t hereof as shall be paid for their services shall be comPuted on the basis rates of compensation for actual IN of Lhe rrork 68 Eo 56 to 46 to 20 to $ $ $ $ 80 per 66 per 54 per 48 per hou r hou r hour hou r 2,2 The ENGINEERS shall be reimbursed for automobile travel ",,p."""-"t $O.Zz (or current rRs-Approved Allowances) mile plus- any out-of-pocket expenses at actual cost' 2,3 The ENGINEERS shall be reimbursed services described in Subsection 1.1(5) at no additional mark-uP. per for the subconsult- the act.ual cosE 2 z-+ject to the within invoice The ENGINEERS' ToTal feefollowing terns:shal I not exceed $25r 000 sub- (1) The PROJECT is completed within 25 consecutive working days not incJ.uding Sat.urdays, Sundays and legal holidays. (2) The contractor's working schedule does not require Lhe ENGINEERS to work on Saturdays, Sundays, or 1ega1 holidays. (3) The subconsultant cost for materials tesEing does not exceed $2, soo. 2.5 The ENGINEERST total fee for engineering services stated in Subsection 2.4 hereof shalI not. exceed t.he stated amounE unless the ENGINEERS justify and the VILLAGE concurs that Lhe in- creased time of effort and/or incurred expenses are necessary and essential to conplete the PROJECT. During progress of work under this Agreement, the ENGINEERS sha11 conEinuously monitor theircosts and anticipate future costs, and if such monitoring indi- cates possl,ble costs in excess of the amount.s stated, the ENGI- NEERS shall immediately notify the VILLAGE of such anticipated increases so that a proper adjustment to the agreed compensation for engineering services can be made; hovrever, if the ENGINEERS fail to so notify the VILLAGE of ant j,cipated 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 submit monthly statements for pay- ment of services as the PROJECT progresses. These statementsshall be supplernented by time records and other supporting docu- ments as may be requested by the VILLAGE. 2.7 Payments to the ENGINEERS shaLl be due and payable thirty (30) consecutive calendar days from the ENGINEERS I to The VILLAGE. SECTION 3. The parties hereto further mutually agree: 3.1 This Agreement may be terminated, in whole or in part, in writing by either party if either of the other parties substan- tially f ai.ls to fulfill j.ts obligations under Ehis Agreement through no fault of the terminating party; or the VILLAGE may ter- minate this Agreement, in whole or in part, in writing, for its convenience. However, no such terminaEion may be effecEed unless the terminating party gives the other party (I) noL less -Ehan len (10) calendar aays wriIten notice (delivered by cerEified mai1, return receipt requested) of j'ntent to terminaLe, and (2) an opportunity ior a -meeting with the termj'naEing party before- ter- *ii.ruii.on. 1f this Agreeient is terminated, Ehe ENGTNEERS. sharl- be paid for services peiformed to the effective date of termination, including reimbursable expenses ' -3- 3,2 Neither party shall hold the other responsible for damages or time delays in the performance of the PROJECT caused by acts of God, strikes, Iockouts, accidents, or oEher events or circumstances beyond the control of the other parLy. 3.3 The ENGINEERS shal1 acquire and maintain sEatutory workerrs compensation insurance coverage, comprehensive IiabiliEy insurance coverage, and professional liabilit.y insurance cover- age. The ENGINEERS agree to hold harmless, indemnify and defend the VILLAGE and each of its officers, agent.s and employees from any and all liability claims, losses, or damage arising out of or alteged to arise from negligence in the performance of the ser- vices under this Agreement, but noE including Iiability 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 employees, the ENGINEERS' liability sha11 be for any warranties for which Ehe VTLLAGE may be found liab1e 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 liability insurance coverage of more than five hundred thousand dollars ($500r000) for such $rarranties due to the ENGINEERST professional negligent acts, errors, or omissions. 3.4 The ENGINEERS shall be responsible for Eheir profes- sional quality, technical accuracy, tj,mely completion, and coor- dination of a1l services furnished or required under this Agree- ment, and shall endeavor to perform such services with the same ski11 and judgement which can be reasonably expected from similar- 1y sLtuated professionals. 3.5 The VILLAGE may, at any time, by written order, make 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 t costs of, or time required for, performance of any services under this Agreement, whether or not changed by any order, an equitable adjustment shall be made and this Agreement shalt be modified in writing according- Iy. The ENGINEERS must assert any claim for adjustment under this provision in writing within 30 days from the date of receipt by the ENGINEERS of Ehe notification of change, unless the VILLAGE grants a further period of time before the date of final Payment under this Agreement. No serv j.ce for which an additional. compen- sat j.on will be charged by the ENGINEERS shall be furnished without the written authorization of the VILLAGE. 3.6 A11 claims, counter-cIaims, disputes and other mat.ters in question beEween the parties hereto arising out of or relating to Chis Agreement or breach thereof will be decided by arbitratj.on in accordance with the ConstrucEion rndustry Arbitration RuIes of the American ArbitraEion Association if the parties mutually agree, or in a court of competent jurisdiction within the State of Il1inois. 4 3.7 The ENGINEERS warranE that Ehey have noE employed or retained any company or person, oEher than a bona fide employee working solety for uhe ENGINEERS, t.o solicit or secure Ehis con- tract, and thaL they have not Paid or agreed to pay any company or p"."o.,, other than I bona fide employee working so1ely for the iNcrxnins, any fee, commission, percenEage, brokerage fee, gifts, or any other Lonsideration, contingent upon or resulting from the award- of making of this contract. For breach or violaEion of this warranty, the VILLAGE shalI have the right to annul this contract without IiabilitY. IN WITNESS WHEREOF the VILLAGE has caused Ehe execution of this Agreement to be made by its Village President and attested by its Clerk pursuant to a resoluti.on passed by the Board of Trust- ees, which resolution i.s considered to be part of this Agreement the'same as Ehough it were written herein, and the ENGINEERS have hereunto set their hand and seal as of the day and year first above written. VILLAGE OF BUFFALO GROVE, ILLINOIS I ATTEST: (SEAL) ( SEAL ) Tvt By By llage P eside age C1 er SeCT ary 4v/.1- BAXTER & WOODMAN, INC. ha i rman CEO ATTEST: 5 -S"er ^ L--