1996-17�J
RESOLUTION NO. 96 -17
A RESOLUTION APPROVING AN AGREEMENT FOR
CONSTRUCTION ENGINEERING SERVICES FOR THE 1996
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 1996 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, Glover
NAYES: 0 - None
ABSENT: 0 - None
PASSED:
March 4
APPROVED: March 4
ATTEST:
Village Clerk
Ord961
1996
1996
VILLAGE OF BUFFALO GROVE, ILLINOIS
1996 STREET IMPROVEMENTS
SECTION 95- 00070 -00 -FP
ENGINEERING CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT is made this day ofv ,
1996, 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 95- 00070- 00 -FP, Engineer's
Project No. 960084, 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 Transpor-
tation, 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 representa-
tive 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 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.
(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 propor-
tioning engineers.
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(6) Prepare all construction payment estimates, Ohange
orders, records, and reports required by the VILLAGE for s bmission
to the DEPARTMENT.
(7) Conduct a final inspection of completed construction
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 set of the final construction record
plans.
1.2 Provide field engineers on a full time basis d ing con-
struction 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 const uction
proceeds.
(3) Observe in general if the Contractor's work is in con-
formity with the plans and specifications, and endeavor to protect
the VILLAGE against defects and deficiencies in the Contra tor's
work; however, the ENGINEERS are not responsible for the Contractor's
construction means, methods, techniques, sequences or proc dures,
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 week-
ly reports to the VILLAGE of the construction progress and working
days charged against the Contractor's time for completion.
(5) Provide a daily status report to the Village
informational telephone line for public use including such
information as requested by the Village and other public ii
and /or public distribution as directed by the Village
automated
current
iformation
SECTION 2. The VILLAGE shall compensate the ENGINEER $ for the
professional services enumerated in Section 1 hereof as fo�lows:
2.1 The ENGINEERS' fee for the services in Section 1.1 and
1.2 shall be computed on the basis of the following standa d hourly
rates of compensation for actual work time performed:
Principal
Senior Engineer
Field Engineers
Drafters and Senior Technicians
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$84
to $96
per
hour
$74
to $84
per
hour
$54
to $72
per
hour
$48
to $64
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.
2.3 The ENGINEERS shall be reimbursed for the subconsultant
services described in Subsection 1.1(5.) at the actual cost with no
additional mark -up.
2.4 The ENGINEERS' total fee shall not exceed $89,000 subject
to the following terms:
(1) The PROJECT is completed within 75 contract 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 $5,800.00.
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 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
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(1) not less than ten (10) calendar days written notice b 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 ser-
vices under this Agreement, but not including liability that may be
due to the sole negligence of the VILLAGE, or other consu tants,
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 io 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 Orofessional
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 profession-
als.
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 othei 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 *gree, or in
a court of competent jurisdiction within the State of Illinois.
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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 liabil-
ity.
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.
VILLAGE OF
By
(SEAL)
ATTEST:
960084
, ILLINOIS BAXTER & WOODMAN, INC.
1 J-j . &A/1R.{)�Q�A-(.'l�
L-Village Clerk
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By
President /CE
ATTEST:
Secretary