1998-08RESOLUTION NO. 98 -8
A RESOLUTION APPROVING AN AGREEMENT FOR
CONSTRUCTION ENGINEERING SERVICES FOR THE 1998
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 1998 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: 5 - Marienthal, Rubin,Braiman, Hendricks, Glover
NAYES: 0 - None
ABSENT: 1 - Re &-
PASSED: February 17 , 1998
APPROVED: February 17 , 1998
ATTEST:
�L W��� . �ti�a�X�i.t.P - ts'►c�
Vii e Clerk
Ord961
•
VILLAGE OF BUFFALO GROVE, ILLINOIS
1998 STREET IMPROVEMENTS
SECTION 97- 00074 -00 -RS
ENGINEERING CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT is made this day of . 1998, 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 97- 00074- 00 -RS, Engineer's Project No. 970966, 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 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 public information meeting.
(3) Attend the preconstruction conference.
(4) Review the Contractor's proposed construction schedule and list of subcontractors.
(5) 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.
(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 proportioning engineers.
BE
B A X T E R
WOODMAN
Con himEngi-
(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 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 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; however, the ENGINEERS are not responsible for the Contractor's construction
means, methods, techniques, sequences or procedures, 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 weekly 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 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 follows:
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B A X T E R
WOODMAN
Conn Uia jEn;in w
2.1 The ENGINEERS' fee for the 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
Senior Engineer
CADD Operators
Field Engineers
Surveyors/Technicians
$88 to $98 per hour
$82 to $88 per hour
$56 to $64 per hour
$68 to $74 per hour
$46 to $58 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(6)_at the actual cost with no additional mark -up.
2.4 The ENGINEERS' total fee shall not exceed $66,000 subject to the following terms:
(1) The PROJECT is completed within 45 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 $4,800.00.
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.
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BAXTER
WOODMAN
Coro- kingEngi-
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 (1) not less than ten (10) calendar days 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 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 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 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 judgement 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
s A x r e R
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WOODMAN
GmnrUinr FA 'm vs
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).
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 O]�WFAL%PROVE, ILLINOIS BAXTER & WOODMAN, INC.
By
,, LdLifig/
President/CEO
(SEAL) (SEAL)
ATTEST: ATTES
illage Clerk Secretary
NAap/970966
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B A X T E R
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WOODMAN
ConnukinrEft 'm