2002-09r •
RESOLUTION NO. 2002- 9
A RESOLUTION APPROVING AN AGREEMENT FOR
CONSTRUCTION ENGINEERING SERVICES FOR THE 2002
VILLAGEWIDE CONTRACTUAL STREET MAINTENANCE PROJECT
WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE desire to cause the implementation of the 2002 Villagewide Contractual
Street Maintenance Project; and,
WHEREAS, the approval of agreement with a consulting engineer is required in
order to proceed with the necessary engineering of the project.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the President and Clerk be,
and they are hereby authorized and directed to execute the "Engineering Construction Services
Agreement." A copy of said contract is attached hereto and made a part hereof.
AYES: 6 - Marienthal, Braiman, Glover,Berman, Johnson, Kahn
NAYES: 0 - None
ABSENT: 0 - None
PASSED: February 19 , 2002
APPROVED: February 19 , 2002
APPROVED:
Village President
ATTEST:
Villag erk
GAENGINEER \0RD\Res02 -1.doc
•
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VILLAGE OF BUFFALO GROVE, ILLINOIS
2002 STREET IMPROVEMENTS
SECTION 01- 00082 -00 -FP
ENGINEERING CONSTR UCTION SERVICES AGREEMENT
THIS AGREEMENT is made this — day of , 2002, by and between the
Village of Buffalo Grove, located in the Counties of Cook and Lake of the State of Illinois,
hereinafter called the VILLAGE, and Baxter & Woodman, Inc., Consulting Engineers, an
Illinois Business Corporation, hereinafter called the ENGINEERS, for engineering services
in connection with the construction of street improvements designated as Section 01-00082 -
00 -FP, Engineer's Project No. 020081, hereinafter referred to as the PROJECT, which will
be financed entirely 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 the DEPARTMENT.
WITNESSETH that, in consideration of the covenants herein, these parties agree as
follows:
SECTION 1. The ENGINEERS shall act as the VILLAGE's representative with
duties, responsibilities and limitation of authority as stated in the construction contract
documents, and shall perform or be responsible for the performance of the following
engineering services for the PROJECT.
1.1 Provide general construction administration services which shall include:
(1) Advise and confer with VILLAGE officials and staff during construction,
and issue the VILLAGE's authorized instructions to the Contractor.
(2) Attend the public information meeting.
(3) Attend the preconstruction conference.
(4) Review the Contractor's proposed construction schedule and list of
subcontractors.
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consulting Engineers
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(5) A Principal or Senior Engineer will conduct periodic visits to the
PROJECT site during construction to observe the progress of work and to interpret the plans,
specifications and contract documents as necessary.
(6) Provide the services of a materials testing company, as a subconsultant,
to perform proportioning and testing of Portland Cement concrete and bituminous mixtures
in accordance with the DEPARTMENT'S Bureau of Materials manuals of instructions for
proportioning engineers.
(7) Prepare all construction payment estimates, change orders, records, and
reports required by the VILLAGE for submission to the DEPARTMENT.
(8) Conduct a final inspection -of completed construction and issue an
opinion of final completion to the VILLAGE.
(9) Revise the PROJECT plans to show those changes made during
construction which the ENGINEERS consider significant, and provide the VILLAGE with
one set of the final construction record plans.
1.2 Provide field engineers on a full time basis during construction to perform the
following services:
(1) Mark all pavement and curb and gutter for removal and replacement as
construction proceeds.
(2) Set lines and grades where required as construction proceeds.
(3) Observe in general if the Contractor's work is in conformity with the
plans and specifications, and endeavor to protect the VILLAGE against defects and
deficiencies in the Contractor's work; however, the ENGINEERS are not responsible for the
Contractor's construction means, methods, techniques, sequences or procedures, time of
performance, or for safety precautions or programs, incident to the PROJECT, or for the
Contractor's failure to perform work in accordance with the construction contract documents.
(4) Keep a daily record of the Contractor's work including notations on the
nature and cost of any extra work, and provide weekly reports to the VILLAGE of the
construction progress and working days charged against the Contractor's time for completion.
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Consulting Engineers
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(5) Provide a daily status report to the Village automated informational
telephone line for public use including such current information as requested by the Village
and other public information and/or public distribution as directed by the Village.
SECTION 2. The VILLAGE shall compensate the ENGINEERS for the
professional services enumerated in Section 1 hereof as follows:
2.1 The ENGINEERS' fee for the services in Sections 1.1 and 1.2 shall be
computed on the basis of the following standard hourly rates of compensation for actual
work time performed:
Principal $120 per hour
Senior Engineer $98 to $110 per hour
CADD Operators $68 to $78 per hour
Field Engineers $80 per hour
Jr. Field Engineer $62 per hour
Surveyors /Technicians $40 to $66 per hour
2.2 The ENGINEERS shall be reimbursed for automobile travel expense at $0.38
per mile plus any out -of- pocket expenses at actual cost.
2.3 The ENGINEERS shall be reimbursed for the subconsultant services described
in Subsection 1.1(6) at the actual cost with no additional mark -up.
2.4 The ENGINEERS' total fee shall not exceed $127,000 subject to the following
terms:
(1) The PROJECT is completed within 60 contract working days not
including Saturdays, Sundays and legal holidays.
(2) The Contractor's working schedule does not require the ENGINEERS to
work on Saturdays, Sundays, or legal holidays.
(3) The subconsultant cost for materials testing does not exceed $21,290.
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 in writing that the increased time of effort and/or incurred expenses are necessary
and essential to complete the PROJECT. During progress of work under this Agreement,
the ENGINEERS shall continuously monitor their costs and anticipate future costs, and if
such monitoring indicates possible costs in excess of the amounts stated, the ENGINEERS
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shall immediately notify the VILLAGE in writing 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
engineering costs, the ENGINEERS waive any claim for extra compensation after the work
has been completed.
2.6 The ENGINEERS may submit monthly statements for payment of services as
the PROJECT progresses. These statements shall be supplemented by time records and other
supporting documents as may be requested by the VILLAGE.
2.7 Payments 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 Agreement may be terminated, in whole or in part, by either party if either
of the other parties substantially fails to fulfill its obligations under this Agreement through
no fault of the terminating party; or the VILLAGE may terminate this Agreement, in whole
or in part, for its convenience. However, no such termination may be effected unless the
terminating party gives the other party (1) not less than ten (10) calendar days written notice
by 'certified mail of intent to terminate, and (2) an opportunity for a meeting with the
terminating party before termination. If this Agreement is terminated, the ENGINEERS
shall be paid for services performed to the effective date of termination, including
reimbursable expenses.
3.2 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 services
under this Agreement, but not including liability that may be due to the sole negligence of
the VILLAGE, or other consultants, contractors or subcontractors working for the
VILLAGE, or their officers, agents and employees, the ENGINEERS' liability shall be for
any negligence for which the VILLAGE may 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 liability insurance coverage of more than
five hundred thousand dollars ($500,000) for such warranties due to the ENGINEERS'
professional negligent acts, errors, or omissions. The ENGINEERS shall provide the
VILLAGE with a current certificate of insurance for their comprehensive liability and
professional liability insurance coverages.
3.3 The ENGINEERS shall be responsible for their professional quality, technical
accuracy, timely completion, and coordination of all services furnished or required under this
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Agreement, and shall endeavor to perform such services with the same skill and judgement
which can be reasonably expected from similarly situated professionals.
3.4 The VILLAGE may, from time to 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' 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 shall be
modified in writing accordingly. 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 the notification of change, unless the VILLAGE grants a further period of time before the
date of final payment under this Agreement. No service for which an additional
compensation will be charged by the ENGINEERS shall be furnished without the written
authorization of the VILLAGE.
3.5 All claims, counter - claims, disputes and other matters in question between the
parties hereto arising out of or relating to this Agreement or breach thereof will be decided
by arbitration in accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association if the parties mutually agree, or in a court of competent
jurisdiction within the State of Illinois.
3.6 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 solicit or secure this contract, and that they have not paid or agreed to pay any company
or person, other than a bona fide employee working solely for the ENGINEERS, any fee,
commission, percentage, 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
warranty, the VILLAGE shall have the right to annul this contract without liability.
3.7 The ENGINEERS certify that they have not been barred from signing this
Agreement as a result of a violation of Sections 33E -3 and 33E -4 of the Criminal Code of
1961 (Chapter 38 of the Illinois Revised Statutes).
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Consulting Engineers
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IN WITNESS WHEREOF the VILLAGE has caused the execution of this
Agreement to be made by its Village President and attested by its Clerk pursuant to a
resolution passed by the Board of Trustees, which resolution is considered to be part of this
Agreement 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 written.
BAXTER & WOODMAN, INC. VILLAGE OF BUFFALO GROVE,
ILLINOIS
c�� B /'00'-
B Y Y
President/CEO Village President
SEAL) (SEAL)
ATTEST: ATTEST:
Secretary Village Clerk
H:\PROJ\BFG V V\020081 \ESA.doe
JVA:mk 24-02
B A X T E R
WOODMAN
ConsnitingEngineers