2013-10RESOLUTION NO. 2013 -10
A RESOLUTION APPROVING AN AGREEMENT FOR
CONSTRUCTION ENGINEERING SERVICES FOR THE 2013
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 2013 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: 6 — Berman Trilling Sussman Terson Stein Ottenheimer
NAYES: 0 — None
ABSENT: 0 —None
PASSED: March 4„ 2013
APPROVED: March 4„ 2013
ATTEST:
Villa Jerk
APPROVED:
VILLAGE OF BUFFALO GROVE, ILLINOIS
2013 STREET RESURFACING PROJECT
MFT SECTION 12- 00103 -00 -FP
ENGINEERING SER VICES AGREEMENT— CONSTRUCTION
THIS AGREEMENT is made this day of h 2013, 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 2013 Street Resurfacing
Project designated as MFT Section 12- 00103- 00 -FP, Engineers' Project No. 120534.60,
hereinafter referred to as the Project, which will be financed 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 preconstruction conference.
(3) Review the Contractor's proposed construction schedule and list of
subcontractors.
(4) 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.
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(5) 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 Departments Bureau of Materials manuals of
instructions for testing requirements for the Department's Quality Control /Quality
Assurance Management for the Project.
(6) Prepare all construction payment estimates, change orders, records, and
reports required by the Village for submission to the Department.
(7) Conduct a final inspection of completed construction and issue an
opinion of final completion to the Village.
(S) 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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SECTION2. The Village shall compensate the Engineers for the professional
services enumerated in Section 1 hereof as follows:
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
HOURLY BILLING RATES
Principal
$170
to
$195
Construction Project Manager, Sr.
$140
to
$190
Resident Project Representative
$110
to
$155
Engineering Technician I to 11
$50
to
$110
Clerical
$70
to
$100
2.1 The Engineers shall be reimbursed for automobile travel expense at mileage
charges set by the U.S. Internal Revenue service (currently $0.565 per mile) plus any out -
of- pocket expenses at the actual cost.
2.2 The Engineers shall be reimbursed for the subconsultant services described
in Subsection 1.1 (5) at the actual cost with no additional mark -up.
2.3 The Engineers' total fee as defined in the approved plans and specifications
shall not exceed $277,677 subject to the following terms:
(1) The Project is to be completed by the Contractor on September 15,
2013. Work also includes staking -out the Project for construction, starting on
approximately March 18, 2013, and completing the construction engineering services of
the Project by December 31, 2013.
(2) Provide a Resident Project Representative, at the construction site on a
full -time basis of ten (10) hours per day for ninety (90) contract working days, plus eight
(8) hours per day for twenty (20) days, and an additional Resident Project Representative
eight (8) hours per day for thirty -five (35) days worked (Monday through Friday), and
provide nine (9) Saturdays at ten (10) hours per day for one (1) Resident Project
Representative. 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 on
Saturdays.
(3) Provide Resident Project Representatives for twenty (20) days at ten
(10) hours per day for initial survey and stakeout. Work includes setting lines and grades,
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marking pavement, curb, and driveways for removal and replacement as construction
proceeds.
(4) The subconsultant cost for materials testing does not exceed $21,740.
2.4 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.
2.5 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.
2.6 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 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 and indemnify 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 ofthe 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
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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 he 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 tide 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 33F -3 and 33E -4 of the Criminal Code of
1961 (Chapter 38 of the Illinois Revised Statutes).
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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
Bv: B
y::
Vice President 1, e President
ATTEST:
February 19, 2013
Date of Signature
Date of Signature
ATTEST:
Deputy Secre ary
Village Clerk
I:,Ilatice \BPGVV�120534.60 -2013 Socct Improvemcnts+ngincering
Services AgrcementA120534.60 GSA 2- 11- 13.docs
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B A X T E R
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