2009-48RESOLUTION NO. 2009- 48
A RESOLUTION APPROVING AN AGREEMENT FOR
CONSTRUCTION ENGINEERING SERVICES FOR THE 2010
VILLAGE WIDE CONTRACTUAL STREET MAINTENANCE PROJECT
WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE desire to cause the implementation of the 2010 Village Wide 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 Services Agreement -
Construction." A copy of said contract is attached hereto and made a part hereof.
AYES: 5 — Rraiman. GE -over, Trilling, Stoiae, Sussman
NAYES: 0 e None
ABSENT: 1 - Berman
PASSED: December 7 , 2009
APPROVED: Dee,,,-bPr 7 , 2009
APPROVED:
Village President
ATTEST:
Village erk
G: \ENGINEER \Ord & Res \Res09 -8.doc
VILLAGE OF BUFFALO GROVE, ILLINOIS
2010 STREET IMPROVEMENT PROJECT
EMERGENCY REPAIR PROGRAM
MFT SECTION 09- 00099 -00 -RS
ENGINEERING SERVICES AGREEMENT— CONSTRUCTION
THIS AGREEMENT is made this ! day of -D 2009, 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 the 2010 Street Improvement
Project designated as MFT Section 09- 00099- 00 -RS, ENGINEERS' Project No. 090182.60,
hereinafter referred to as the PROJECT, which will be financed in part with Motor Fuel Tax
and Emergency Repair Program 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]. 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 se -vices 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 Construction Project Manager 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
testing requirements for the DEPARTMENT's Quality Control /Quality Assurance
Management for the PROJECT.
(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 red line mark -ups of the final construction record plans.
1.2 Provide Resident Project Representatives 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. The construction Contractor is a separate company from the
ENGINEERS. The VILLAGE understands and acknowledges that the ENGINEERS are not
responsible for the Contractor's construction means, methods, techniques, sequences or
procedures, time of performance, compliance with Laws and Regulations, or safety
precautions and programs in connection with the PROJECT, and the ENGINEERS do not
guarantee the performance of the Contractor and are not responsible for the Contractor's
failure to execute the 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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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 Subsections 1.1 and 1.2 shall be
computed on the basis of the following standard hourly rates of compensation for actual work
time performed:
Employee Classification 2010 Hourly Rates
Principal
$180.00 per hour
Construction Project Manager, Sr.
$100.00 to $140.00 per hour
Resident Project Representative, Sr.
$120.00 to $124.00 per hour
Engineer, Sr.
$112.00 to $166.00 per hour
Engineer
$88.00 to $130.00 per hour
CADD Operator
$76.00 to $90.00 per hour
Construction Manager
$90.00 to $110.00 per hour
Resident Project Representative
$84.00 to $110.00 per hour
Surveyors /Technicians
$74.00 to $88.00 per hour
2.2 The ENGINEERS shall be reimbursed for automobile travel expense at mileage
charges set by the U.S. Internal Revenue service (currently $0.55 per mile) plus any out -of-
pocket expenses at the 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 as defined in the approved plans and specifications
shall not exceed $161,700.00 subject to the following terms:
(1) The PROJECT is to be completed in fifty (50) contract working days,
which will begin to be charged to the Contractor on May 1, 2009. Work also includes
staking -out the PROJECT for construction, starting on approximately March 1, 2010, and
completing the construction of the PROJECT by August 1, 2010.
(2) Provide a Resident Project Representative, Sr. at the construction site on a
full -time basis of ten (10) hours per day for fifty (50) contract working days, plus eight (8)
hours per day for fifteen (15) days, and an additional Resident Project Representative eight
(8) hours per day for twenty -five (25) days worked (Monday through Friday), and provide
five (5) Saturdays at ten (10) hours per day for one (1) Resident Project Representative, Sr.
Overtime at 1.5 times the Standard Hourly Rate for Resident Project Representatives and
Technicians will apply to all hours over forty (40) per week and Saturdays.
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(3) Provide Resident Project Representatives for twenty five (25) days at eight
(8) hours per day for initial survey and stakeout. Work includes setting lines and grades,
marking pavement, curb, and driveways for removal and replacement as construction
proceeds.
(4) The subconsultant cost for materials testing does not exceed $14,000.
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
under this Agreement, but not including liability that maybe due to the sole negligence of the
VILLAGE, or other consultants, contractors or subcontractors working for the VILLAGE, or
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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 coverage.
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 judgment
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).
B A X T E R
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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.
By: a>
Vice President
fJ✓/"'""Z'` 2 Z":: �Y �'; 7
Date of Signature
(SEAL)
ATTEST:
vwl 0"In
R:\Itasca\BFGVV\090182.60\10-CE-ESA.doc
APPROVED DEC 17 . 09
'...
DEPUTY DIRECTOR OF HIGHWAYS
IF l KiiRR
VILLAGE OF BUFFALO GROVE,
ILLINOIS
By.
Village President
ATTEST:
Date of Signature
(SEAL)
Village Clerk
B A X T E R
WOODMAN