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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 • • 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. BE B A X T E R O WOODMAN consulting Engineers • • (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. -2- B A X T E R WOODMAN Consulting Engineers • • (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 -3- B A X T E R WOODMAN Consn[lingEngineers r 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 -4- B A X T E R �® - 14 WOODMAN ConsnllingEngineers 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). -5- B A X T E R wa'�Cl WOODMAN Consulting Engineers 6 0 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