1995-20RESOLUTION NO. 95- 20
A RESOLUTION APPROVING AN AGREEMENT FOR
CONSTRUCTION ENGINEERING SERVICES FOR THE 1995
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 1995 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 thereto and made a part thereof.
AYES: 6 - Marienthal, Reid, Rubin, Braiman. Hendricks, Moons
NAYES: 0 - None
ABSENT: 0 - None'
PASSED: March 20 , 1995
APPROVED: March 20 , 1995
ATTEST:
Vill e Clerk
ORD89:ORD 3
VILLAGE OF BUFFALO GROVE, ILLINOIS
1995 STREET IMPROVEMENTS SECTION 94- 00068 -00 -FP
ENGINEERING CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT is made this 20th day of March , 1995,
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 94- 00068- 00 -FP, Engineer's Project
No. 950104, 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 repre-
sentative 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 instruc-
tions to the Contractor.
(2) Attend the preconstruction conference.
(3) Review the Contractor's proposed construction
schedule and list of subcontractors.
(4) A Principal or Senior Engineer will conduct per-
iodic visits to the PROJECT site during construction to.observe
the progress of work and to interpret the plans, specifications
and contract documents as necessary.
(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 DEPARTMENT'S Bureau of Materials manuals of instructions
for proportioning engineers.
(6) Prepare all construction payment estimates, change
orders, records, and reports required by the VILLAGE for submis-
sion to the DEPARTMENT.
- 1 -
(7) Conduct a final inspection of completed construc-
tion and issue an opinion of final completion to the VILLAGE.
(8) Revise the PROJECT plans to show those changes
made during construction which the ENGINEERS consider significant,
and provide the VILLAGE with one (1) 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 construc-
tion 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 pre-
cautions or programs, incident to the PROJECT, or for the
Contractor's failure to perform the work in accordance with the
construction contract documents.
(4) Keep a daily record of the Contractor's work in-
cluding 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 comple-
tion.
(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 fol-
lows:
2.1 The ENGINEERS' fees for their 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 $84 to $96 per hour
Senior Engineer 74 to 84 per hour
Field Engineer 54 to 68 per hour
Drafters and Sr. Technician $42 to $60 per hour
2.2 The ENGINEERS shall be reimbursed for automobile
travel expense at $0.35 per mile plus any out -of- pocket expenses
at actual cost.
- 2 -
2.3 The ENGINEERS shall be reimbursed for the subcon-
sultant services described in Subsection 1.1(5) at the actual cost
with no additional mark -up.
2.4 The ENGINEERS' total fee shall not exceed $64,600 sub-
ject to the following terms:
(1) The PROJECT is completed within 60 consecutive
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 $4,200.
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 that the in-
creased 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 indi-
cates possible costs in excess of the amounts stated, the ENGI-
NEERS shall immediately notify the VILLAGE 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 engi-
neering costs, the ENGINEERS waive any claim for extra compensa-
tion after the work has been completed.
2.6 The ENGINEERS may submit monthly statements for pay-
ment of services as the PROJECT progresses. These statements
shall be supplemented by time records and other supporting docu-
ments 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 Agree-
ment, 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 oppor-
tunity for a meeting with the terminating party before termina-
tion. If this Agreement is terminated, the ENGINEERS shall be
paid for services performed to the effective date of termination,
including reimbursable expenses.
- 3 -
® 0
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 con-
sultants, 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 war-
ranties 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 profes-
sional quality, technical accuracy, timely completion, and coor-
dination of all services furnished or required under this Agree-
ment, and shall endeavor to perform such services with the same
skill and judgement which can be reasonably expected from similar-
ly situated professionals.
3.4 The VILLAGE may, at any 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 accord-
ingly. 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 compen-
sation 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.
- 4 -
0 0
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 con-
tract, 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).
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 Agree-
ment 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.
VILLAGE 0 UFFALO GROVE, ILLINOIS BAXTER & WOODMAN, INC.
By By
V' ragre r sident President /C .O
(SEAL)
ATTEST:
"Village Clerk
0943C
- 5 -
ATTEST:
Z'A/Mlc�
Secretary