2007-18• t r •
RESOLUTION NO. 2007- 18
A RESOLUTION APPROVING AN AGREEMENT FOR ENGINEERING SERVICES
FOR THE WEILAND ROAD/PRAaffi ROAD
(LAKE -COOK ROAD TO ILLINOIS ROUTE 22)
STREET IMPROVEMENT
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the
Illinois Constitution of 1970; and,
WHEREAS, the agreement entitled "Agreement Between the County of Lake and
the Village of Buffalo Grove for the Roadway Improvement, Maintenance
Responsibilities and Jurisdictional Transfers of Busch Road/Parkway and Deerfield
Parkway; Buffalo Grove Road/Port Clinton Road/Prairie Road; Weiland Road; and
Prairie Road" and dated June 13, 1995 was approved by the Buffalo Grove Village
President and Board of Trustees on June 5, 1995 by adoption of Resolution No. 95 -44 (A
Resolution Approving a Multi- Corridor Agreement with Lake County); and,
WHEREAS, the Village Board desires to accommodate the improvement of the
arterial street corridor along Weiland Road/Prairie Road extending from Lake -Cook Road
to Illinois Route 22; and,
WHEREAS, the improvement of Weiland Road/Prairie Road (Lake -Cook Road to
Illinois Route 22) has been incorporated into the Lake County CATS Council of Mayors
program which makes the project construction costs eligible for 70% Federal STP
funding assistance; and,
WHEREAS, the approval of an engineering service agreement is required in order
to proceed with the Phase I preliminary engineering studies which would accomplish
additional prerequisites for Federally funded construction of improvements in the
Weiland Road/Prairie Road street corridor; and,
WHEREAS, the Lake County Director of Transportation/County Engineer's
5/10/07 letter to the Buffalo Grove Village Manager provided concurrence related to the
Village of Buffalo Grove serving as the lead agency for the corridor's improvement with
the general provisions for the division of cost for the roadway improvements to be
governed by the agreement between the County and the Village dated June 13, 1995;
NOW, THEREFORE BE IT RESOLVED by the Village President and Board of
Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois as follows:
1. The agreement entitled "Preliminary Services Agreement" for the Weiland Road
Improvement with termini of Lake Cook Road and IL Route 22 is hereby
approved.
2. The Village President and Village Clerk are hereby authorized and directed to
execute said agreement, a copy of which is attached hereto and made a part
hereof,
AYES: 6 - Braiman, Glover, Berman, Kahn, Trilling, Rubin
NAYES: 0 - None
ABSENT: 0 - None
PASSED:
June
4
, 2007
APPROVED:
June
4
, 2007
ATTEST:
, -M
Villigetlerk
G:IPWDIRGRP\LHC\WEILRD\res 07.doo
2
APPROVED:
Village President
Focal Agency
Village of Buffalo Grove
O
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A
4"�J � IS�p�ftsl'n Ott
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Consultant
Clviltech Engineering, Inc.
County
Lake County
Address
450 East Devon Avenue, Suite 300
section
L
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Y
Preliminary Engineering
Services Agreement
S
U
L
T
A
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City Itasca
Project No.
State Illinois
Job No.
zip Code 60143
Contact NamelPhonetE -mall Address
Mr. Gregory P. Boysen, P.E.
847.459.2547
Contact Name/Phone/E -mas Address
Mary L. Young, P.E., P,T.O.E.
gboysen @vbg.org
6330.773.3900
myoung @chriitschinc.com
THIS AGREEMENT is made and entered into this day of , 2006 between the above
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT.
Federal -aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation
(STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.
Project Description
Name Weiland Road Improvement Route W17 Length 3.0 mi. Structure No.
Termini Lake Cook Road to IL Route 22
Description: The Phase I Engineering Study for this project will Include environmental and location- design studies needed to develop
and refine feasible alternatives, evaluate costs and impacts, and undertake coordination with jurisdictional agencies and the public.
Agreement Provisions
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of
engineering services for the LA for the proposed improvement herein described.
2, To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by
representatives of the LA or STATE.
3. To complete the services herein described within 730 calendar days from the date of the Notice to Proceed from the
LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER.
4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man -
hours shown In EXHIBIT A. If higher - salaried personnel of the firm, Including the Principal Engineer, perform services that are
indicated in Exhibit A to be performed by lesser- salaried personnel, the wage rate billed for such services shall be commensurate
with the payroll rate for the work performed.
5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the
PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services
enumerated herein.
6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections
resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the
STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for
clarification of any ambiguities.
7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the
ENGINEER and will affix the ENGINEER's professional seal when such seal is required bylaw. Plans for structures to be built as
a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural
engineer seat when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by
the Bureau of Local Roads and Streets manual published by the STATE.
8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA.
SLR 4351)
Page 1 of 5
} f
9+ The undersigned certifies neither the ENGINEER nor I have:
a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person
(other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT,
b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any Inn or
person in connection with carrying out the AGREEMENT or
G) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above
ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out
the AGREEMENT.
d) are not presently debarred, suspended, proposed for debarment, declared Ineligible or voluntarRy excluded from covered
transactions by any Federal department or agency,
e) have not within a threa,year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public
(Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property,
f) are not presently Indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (e) and
g) have not within a three -year period preceding this AGREEMENT had one or more public transactions (Federal, State or
local) terminated for cause or default.
10. Scope of Services to be provided by the ENGINEER
® Make such detailed surveys as are necessary for the planning and design of the PROJECT.
Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood
flow histories.
❑ Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources
Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification.
❑ Design and/or approve cofferdams and superstructure shop drawings.
❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or
culvert types and high water effects on roadway overflows and bridge approaches).
® Prepare the necessary environmental and planning documents Including the Project Development Report, Environmental Class of
Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary
environmental clearances.
® Make such soli surveys or subsurface Investigations including borings and soil profiles as may be required to furnish sufficient data
to compete 'Type- Studies' of the proposed improvement. Such investigations to be made in accordance with the current Standard
Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid
Procedures for Local Highway improvements or any other applicable requirements of the STATE.
❑ Analyze and evaluate the soil surreys and structure borings to determine the roadway structural design and bridge foundation.
® Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the
improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage
structures, and compliance with applicable design requirements and policies.
® Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient
data for the design of the proposed improvement.
® To perform the engineering consulting services as defined in the attached Exhibits A through G, specifically the Scope of Services
included as Exhibit A, and made part of this agreement.
® Furnish the LA with survey and drafts in quadruplicate all necessary right -of -way dedications, construction easements and borrow
pit and channel change agreements Including prints of the corresponding plats and staking as required.
DLR 4951)
Page 2 of 5
lL THE LOCAL. AGENCY AGREES,
1. To furnish the ENGINEER all presently available survey data and Information
2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of 0 cost plus
fixed fee or ❑ specific rate. The total compensation for this shall not exceed $933,475.
3. To pay the ENGINEER in the following manner.
a) To pay for services stipulated in Section I, item 10 Inclusive at actual cost of performing such work plus 153.86 percent to cover
profit, overhead, and readiness to serve _ "actual cost" being deflned as actual payrolls. Traveling and other out -of- pocket
expenses for additional services will be reimbursed to the ENGINEER at his actual cost. There shall be 0 retainage as part of this
agreement. if the LA chooses to delay acceptance of the services due to no fault of the ENGINEER or if a small part of the
services must be delayed appreciably (such as right- of-way staking or checking of structural shop drawings), the LA may elect to
reduce the retainage to zero. Subject to the approval of the L.A. the ENGINEER may sublet all or part of the services provided
under the paragraphs cited above. The maximum "not -to- exceed" fee for this work shall be $933,475.
b) The classifications of the employees used in the work should be consistent with the employee classifications and estimated
manhours shown in EXHIBITS A through H. If the personnel of the firm, Including the Principal Engineer, perform routine services
that should normally be performed by lesser - salaried personnel, the wage rate billed for such service shall be commensurate with
the work performed.
c) That, should the LA require changes in any of the detailed plans, specifications, or estimates, except for those required pursuant
to Section l of THE ENGINEER AGREES, after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER
for such changes on the basis of actual cost plus 153.86 percent to cover profit, overhead, and readiness to serve "actual cost"
being defined as in paragraph 1 above plus direct expense and subconsultant expenses. It is understood that "changes" used in
this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans and
specifications.
d) That payments due the ENGINEER for services rendered in accordance with this agreement will be made as soon practicable
after the services have been performed upon receipt of a monthly invoice from the ENGINEER.
e) That should the Improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for
In Section I, Item 10 and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual cost plus
153.86 percent plus reimburse the ENGINEER for any direct costs and/or subconsultant expense incurred up to the time he is
notified in writing of such abandonment„ "actual cost" being defined as in paragraph "3a' above.
4. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any
DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all
necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination In the award and administration of DOT- assisted
contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, Is incorporated by reference in this
agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this
agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as
provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program
Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
Ill. IT IS MUTALLY AGREED,
1. That no work shall be commenced by the ENGINEER prior to Issuance by the LA of a written Notice to Proceed.
2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this
AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data
prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA or to the STATE, without
restriction or limitation as to their use.
3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard
Specications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, f=ederal -Aid Procedures
for Local Highway improvements or any other applicable requirements of the STATE, it being understood that all such furnished
documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services
herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are
In the ENGiNEER's possession and any such loss or damage shall be restored at the ENGINEER's expense.
4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by
the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement.
BLR 4351)
Page 3 of 5
r
S. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to
verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and
the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents
required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under
the contract for which adequate books, records and supporting documentation are not available to support their purported
disbursement.
6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services
rendered In accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT.
7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or
negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA, the STATE, and their
officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting therefrom. These
Indemnities shall not be limited by the listing of any insurance policy.
S. This AGREEMENT may be terminated by the LA upon giving notice In writing to the ENGINEER at the ENGINEER's last known post
office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports,
permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, If any from
soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be
responsible for reimbursement of all eligible expenses to data of the written notice of termination.
S. This certification is required by the Drug Free Workplace Act (30ILCS 580). The Drug Free Workplace Act requires that no grantee or
contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or
service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions including, but not limited to, suspension of contract or grant Payments. termination of a contract or
grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years.
For the purpose of this certification, "grantee" or *contractor" means a corporation, partnership or other entity with twenty -five (25) or
more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific
performance under a contract or grant of $5,000 or more from the State, as defined in the Act
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance, including cannabis, is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contractor grant, the employee will:
(A) abide by the terms of the statement; and
(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no
later then five (5) days after such conviction.
(b) Establishing a drug free awareness program to Inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's or contractor's policy of maintaining a drug free workplace;
(3) Any available drug counseling, rehabilitation and employee assistance program; and
(4) The penalties that may be imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by subparagraph (a) to each employee engaged In the performance of
the contract or grant and to post the statement In a prominent place in the workplace.
(d) Notifying the contracting or granting agency within ten (10) days after receiving notice underpart (B) of paragraph (3)
of subsection (a) above from an employee or otherwise receiving actual notice of such conviction.
(s) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation
program by,
BLR 4351)
Page 4 of 5
(f) Assisting Andicating yees in selecting a ccfurse of action in the evorug counseling, treatment and rehabilitation is
required that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free
Workplace Act.
10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this
AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted
contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the LA deems appropriate.
Executed by the LA:
ATTEST:
By:
Qgplet Sira ian
Village Clerk
(SEAL)
Executed by the ENGINEER:
ATT
By: �1
Title:
Village of Buffalo Grove
(Municipality/Township/County)
By: 99'�00 A7��
iott HaTtstein
Title: Village President
By: /
Title:` / /�tsiG/C<y0
BLR 4351)
Page 5 of 5