2004-05• 11, 1. s
RESOLUTION NO. 2004- 5
A RESOLUTION APPROVING AN AGREEMENT FOR
CONSTRUCTION ENGINEERING SERVICES FOR THE 2004
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 2004 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 ofTrustees 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 - Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 0 - None
PASSED: February 23 , 2004
APPROVED: February 23 , 2004
APPROVED:
Village President
ATTEST:
Village tierk
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VILLAGE OF BUFFALO GROVE, ILLINOIS
2004 VILLAGE -WIDE STREET MAINTENANCE PROGRAM
SECTION 03- 00089 -00 -FP
ENGINEERING CONSTR UCTION SER VICES A GREEMENT
THIS AGREEMENT is made thisol-3 day of Jtb , 2004, by and between the
Village of Buffalo Grove, located in the Counties of Cook and Lake in 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 03- 00089 -00-
FP, Engineer's Project No. 031673, 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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(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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(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.
SECTION2. 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:
2004 Rates
Principal $130 per hour
Senior Engineer $96 to $120 per hour
CADD Operators $76 per hour
Field Engineers $88 per hour
Jr. Field Engineer $66 per hour
Surveyors /Technicians $46 to $70 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 $195,900 subject to the following
terms:
(1) The PROJECT is to be completed in eighty (80) contract working days
(Monday through Friday not including Saturdays and Sundays and legal holidays).
(2) Provide a Field Engineer and a Jr. Field Engineer at the construction site on
a full -time basis of ten (10) hours per day for eighty (80) contract working days for one (1)
Field Engineer, and an additional eight (8) hours per day for twenty -five (25) days worked
(Monday through Friday) for two (2) a Field Engineer and a Jr. Field Engineer. Provide ten
(10) Saturday's not including legal holidays eight (8) hours per day for one (1) Field Engineer.
Overtime at 1.5 times the Standard Hourly Rate for Field Engineer's will apply to all hours
over forty (40) per week and Saturday's.
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(3) Provide two (2) Field Engineer's fifteen (15) days at ten (10) hours per day
for initial survey and stakeout. Work includes setting lines and grades, marking pavement and
curb for removal and replacement as construction proceeds
(4) The sub consultant cost for materials testing does not exceed $29,954.
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 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 maybe 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 day's 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
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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
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
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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).
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
By IWO, BY
President /CEO President
I`J
Y <o�� �3 Zd®q
Date of4Tignature Date Signature
(SEAL)
ATTEST:
Secretary
MLD:mk 01 -28 -04
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ATTEST:
9,
Clerk
(SEAL)
B A X T E R
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