1988-06-06 - Resolution 1988-34 - APPROVING AN AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE RT 22 GOLF CART UNDERPASSRESOLUTION NO. 88-34
A RESOLUTION APPROVING AN AGREEMENT
FOR CONSTRUCTION ENGINEERING SERVICES
FOR TIIE ROUTE 22 GOLF CART I'NDERPASS
IiXEREAS, the Presldent and Board of Trustees of the VllLage of
Buffalo Grove deslre to cauae the lEpleEentatlon of the Route 22 Colf Cart
underpaes; and,
WHEREAS, the approval of agreeoent wlth a consultlng engineer ls
requlred ln order to proceed wlth the neceasary englneerlng of the project.
NOW, TIIEREFORE, BE IT RESOLVED by the Presldent and Board of
Truateea of the VLllage of Buffalo Grove, Lake and Cook Countles, Illhols,
that the Presldent and Clerk be, and they are hereby authorlzed and
directed to execute the I'EnglneerLng Constructlon ServLces Agreement.r' A
copy of aald contract ls attached hereto and nade a part thereof.
AYES :6 Mari Pnth l. Glover- Reid- Shields- Shifri Mathi As
NAYES :O - Nonp
ABSENT: O - Nonp
Passed! June 6 1988
1988Approved :June 6
ATTEST:
Approve
Vlllage Presldent
vll-1 Clerk
fr,.*Tn &^[t"^
VILLAGE OF BUFFALO GROVE, ILLINOIS
GOLF CART UNDERPASS AT BUFFALO
GROVE ROAD & ILLINOIS RTE 22
ENGINEERING CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT is made as of the 6 th d ay of June
1988, by and between Ehe village of suETal[o crove, located in thE
Counties of Cook and Lake of the State of I11inois, hereinaftercalled the VILLAGE, and Baxter & Woodman, Inc., Environmental
Engineers, an IIIinois corporation, hereinafter calIed the ENGI-
NEERS, for engineering services relating only to the constructionof the GoIf Cart Underpass at Buffalo crove Road and Illinois
Route 22, rdhich is being constructed jointly with the Route 22
raodway j.mprovements in connection vrith the woodlands at Fiore
Subdivis ion .
WITNESSETH that in considerat.ion of the covenants herein,
these parEies agree as follows:
SECTION I. The ENGINEERS shall acE as the VILLAGE's repre-
sentative with duties, responsibilities and limitation of author-ity as stated in the construction contract documents, and shallperform or be responsible for the performance of the following
engineering services for the PROJECT.
1.1 Provide general construction administration services
which shal1 include:
(1) Advise and confer with VILLAGE officials
during construction, and issue the VILLAGET s authorizedtions to the Contractor.
and staff
instruc-
(2) Attend the preconsEruction conference.
(3) Review the Contractor's
schedule and list of subcontractors.
proposed const ruction
(4) Review all shop drawings.
(5) A principal or senior Engineer wiII conductperiodic visits to the pRoJEcr site during construction to observethe progress of work and to interpret the plans, specificationsand contract documents as necessaiy.
(6) Provide the services oftesting company, as a subconsultant, totesting of portland Cement concreEe andconcerning soil foundation materials.
(7) Prepare all constructionrecords, and reports required byIDOT.
a qualified materialsperform proportioning andto advise and reconmend
orders,sion to
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payment estimates, changethe VILLAGE for subnis-
1.2 Provide field engineers on
construction to perform the following
made dur i ng
and provide
tion reco rd
SECTION 2. ThEfor the professional
folLows:
(9) Revise the PROJECT
construction which the
the VILLAGE with three
plans.
plans to show those changes
ENGINEERS consider s igni f icant,(3) sets of the final construc-
an'as-needed' basis during
services:
ENGINEERS
hereof as
(1) set lines and grades
tion proceeds.
where requi red as construc-
(2) observe in general if the Contractor's work is in
conformity !iith the plans and specifications, and endeavor to pro-
tect the VILLAGE against defects and deficiencies in the Contrac-
torrs work; horrever, the ENGINEERS are noE responsible for the
contractorrs construction means, methods, techniques, sequences or
procedures, time of performance, or for safety precautions or pro-
grams, incident to the PROJECT, or for the ConEractorrs failure to
perform the work in accordance with the construction contract
documents.
(3) Keep a daily record of the Contractor's activi-ties for those days on which the field engineer observes the work
and provide the Village with a copy of each report on a weekly
bas is.
VILLAGE agrees to compensate the
services enumerated in section 1
2.1 The ENGINEERS shaIltions 1.1 and 1.2 which shall be
following standard hourly r ates
time performed:
be paid for their services in Sec-
computed on the basis of theof compensation for actual work
$
$
$t
68 to
5 6 to
46 to
20 to
$
$
$
$
80 per
66 per
54 per
48 per
hour
hour
hou r
hou r
2.2 The ENGINEERS shall be reirnbursed for automobiletravel- expense at $0.22 (or current IRS-Approved Atlowances) permile plus any out-of-pocket expenses at actual cost.
2.3 The ENGINEERS sha11 be reimbursedservices described in Subsection 1.1(5)no additional mark-up.
Principal
Senior Enginee r
Enginee r
Engineer Technician
tant
with
for the subconsul-at the actual cost
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(8) Conduct a final inspection of conpleEed construc-
tion and issue an opinion of final compleEion to the VILLAGE.
2.4 The Standard hourly rat,es of compensation for engi-
neering services set forth in Subsection 2.1 above does noE in-
clude any construction overtine hours for field engineers. In the
event any contractor works nore than eight (8) hours on any i'reek-
day, or works any time on Saturdays, Sundays or holidays, during
which Eime field eingineers are required to be presenE, the
ENGINEERS shal1 be paid extra compensation at their standard hourrates on a tine-and-a-half basis for all time of more than eight(8) hours on any weekdays and all time on Saturdays, and on a
double time basis for all time on Sundays and holidays.
me nt
shall
ments
within
invoice
2.5 The ENGINEERS may submit monthly statements for pay-of services as the PROJECT progresses. These statements
be supplemented by t.ime records and other supporting docu-
as may be requested by the VILLAGE.
2.6 Payments to the ENGINEERS shal1 be due and payable
thirty (30) consecutive calendar days from the ENGINEERST
To the VILLAGE.
SECTION 3. The parties hereto further mutually agree:
3.1 This Agreement may be terminated, in rrhole or in part,in writing by either party if either of the other parties substan-tially fails to fu1fi11 its obligations under this Agreement
through no fault of the terminating party, or the VILLAGE may ter-
ninate this Agreement, in whole or in part, in writing, for its
convenience. However, no such termination may be effected unlessthe terminating party gives the other party (1) not less than ten(10) calendar days written notice (delivered by certified maiIlreturn receipt requested) of intent to terminate, and (2) an
opportunity for a meeting wiEh the terminating parby before termi-nation. If this Agreement. is terminaEed, the ENGINEERS shall bepaid for services performed to the effective date of termination,including reimbursable expenses.
3.2 Neither party shal1 hold the other responsible for
damages or time delays in the performance of the PROJECT caused byacts of cod, strikes, lockouts, accidents, or other events or cir-cumstances beyond the control of the other party.
3.3 The ENGINEERS shall acquire and maintain statutoryhrorkerrs compensabion insurance coverage, comprehensive liabiiityinsurance coverage, and professionar liability insurance cover-age. The ENGINEERS agree to hold harmless, indemnify and defendthe VILLAGE and each of its officers, agents and employees fromany and all liability claims, losses, oi damage ariiin! out of oralleged to arise from negligence in the performance of the ser_vices under. this-Agreement, but not including Iiability that maybe due to the sole negligence of the VILLAGE, or other- consul_tants, contractors or subcontractors working for the VILLAGE, or
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3.4 The ENGINEERS shal1 be responsible for their profes-
sional quality, technical accuracy, timely compl.etion, and coordi-
nation of all services furnished or required under this Agreement,
and shal1 endeavor Eo perform such services with the same ski11
and judgement which can be reasonably expected from sirnilarlysituated professionals.
3.5 The VILLAGE may, at any time, by written order, make
changes wj.thin 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 ENGINEERST costs of, or time
required for, performance of any services under this Agreement,
hrhether or not changed by any order, an equitable adjustment shall
be made and this Agreement shall be modified in writing accord-ing1y. The ENGINEERS nust assert any claim for adjustment underthis provision in writing within 30 days from the date of receiptby the ENGINEERS of the notification of change, unless the VILLAGEgrants a further period of time before the date of final paynent
under this Agreement. No service for which an addit.ional compen-
sation will be charged by the ENGINEERS shall be furnished withoutthe written aut.horization of the VILLAGE.
3.6 A11 claims, counter-c1aims, disputes and other matEersin question between the parties hereto arising out of or relatingto this Agreement or breach thereof will be decided by arbitrationin accordance with the Construction Industry Arbitration Rules ofthe Arnerican Arbitration Association if the parties nutual.lyagree, or in a court of competent jurisdicEion wit.hin the State ofIlIinois.
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their officers, agents and employees, the ENGINEERST liability
shall be for any warranties for whi.ch t.he VILLAGE nay be found
liabIe 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 war-
ranties due to the ENGINEERST professional negligent acts, errors,
or omissions.
3.7 The ENGINEERS warrant that they have not employed or
retained any company or person, other than a bona fide employee
working solely for the ENGINEERS, to sol.icit 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 so1ely for the
ENGINEERS, any fee, conmission, percenEage, brokerage fee, gifts,or any other consideration, contingent upon or resulting from the
award of making of this contract. For breach or violation of this
r.rarranty, the VILLAGE shall have the right to annul this contract
withouE liability.
IN WITNESS WHEREOF the VILLAGE has caused the execution ofthis Agreement to be made by its Village President and attested byits Cl"erk pursuant to a resolution passed by the Board ofTrustees, which resolution is considered to be part of this Agree-
ment the same as though it were written herein, and the ENGINEERS
have hereunto set their hand and seal as of the day and year first
above srr i Et en.
VILLAGE OF BUFFALO GROVE, ILLINOIS
( SEAL )
By
1lage P res].den
ATTEST:
)
1 a9e er
( SEAL )
BAXTER & WOODI'{AN, INC.
By
Presi ent
ATTEST:
ecr ty
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