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1999-44RESOLUTION NO. 99- 44 A RESOLUTION APPROVING AN AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES RELATED TO THE DEERFIELD PARKWAY AND COMMERCE COURT INTERSECTION IMPROVEMENT WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois, Constitution of 1970; and, WHEREAS, the Village desires to implement the Deerfield Parkway and Commerce Court Intersection Improvement; and, WHEREAS, an agreement for the provision of necessary construction engineering services in a form which conforms to IDOT funding procedural requirements is needed in order to complete 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 as follows: Section 1: The attached agreement entitled "Preliminary /Construction Engineering Services Agreement for Motor Fuel Tax Funds" with the denoted project name "Commerce Ct./Deerfield Parkway" dated August 31, 1999 is hereby approved. Section 2: The Village President is hereby authorized and directed to execute the agreement. A copy of said agreement is attached hereto and made a part hereof. AYES: 5 — Marienthal, Reid, Braiman, Glover, Berman NAYES: 0 — None ABSENT: 1 — Hendricks PASSED: September 13 , 1999 APPROVED: September 13 '1999 Approved: r Village President ATTEST: Vill ge Clerk F:\ GROUP\ PWDIRGRP \LHC\BUSCH\DRFLDPKY \0999RES.DOC Municipality Illinois Department N• L of Transportation Buffalo Grove O C O Civiltech Engineering, Inc. C County A N Address L Preliminary/Construction S Lake Engineering Services Agreement For U L T 500 Park Blvd., Suite 250 Township A G City E Motor Fuel Tax Funds q Itasca N N T Section C State Y 98- 00076 -00 -GL Illinois, 60143 THIS AGREEMENT is made and entered into this 31 st day of August, 1999 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT', will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name Commerce Ct./ Deerfield Parkway Route NA Length 722 I.f. Mi. 0.15 mi Termini Description: Roadway widening to allow for an additional left turn lane. Work includes bituminous and concrete pavement removal and replacement, traffic signal modification, curb & gutter, and storm sewer construction. Agreement Provisions The Engineer Agrees, To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvement hereinbefore described, and checked below: a.( ) Make such detailed surveys as are necessary for the preparation of detailed construction plans. b.() Make stream and flood plain hydraulic surveys and gather high water data and flood histories for the preparation of detailed bridge plans. c.() Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. () Make or cause to be made such traffic studies and counts and'special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. () Prepare Army Corps of Engineers Permit, Division of Water Resources Permit, Bridge waterway sketch and /or Channel Change sketch, Utility plan and locations and Railroad Crossing work agreements. BLR 4303 (Rev. 4/91) (Sheet 1 of 5) f. () Prepare Preliminary ge Design -and Hydraulic Report, (incluqfteconomic analysis of bridge or culvert types) and hig water effects on roadway overflows and brapproaches. g. ( ) Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. h. () Furnish the LA with survey and drafts in quadruplicate of all necessary right -of -way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. L () Assist the LA in the receipt and evaluation of proposals and the awarding of the construction contract. j. (X) Furnish or cause to be furnished: (1) Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for concrete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the DEPARTMENT and promptly submit reports on forms prepared by said Bureau. (2) Proportioning and testing of bituminous mixtures (including extracting test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of ._Materials and Physical Research, of the DEPARTMENT, and promptly -submit reports on forms prepared by said Bureau. (3) All compaction tests as required by the specifications and report promptly the same on forms prepared by the Bureau of Materials and Physical Research. (4) Quality and sieve analyses on local aggregates to see that they comply with the specifications contained in the contract. (5) Inspection of all materials when inspection is not provided at the sources by the Bureau of Materials and Physical Research, of the DEPARTMENT and submit inspection reports to the LA and the DEPARTMENT in accordance with the policies of the said DEPARTMENT. k. (X) Furnish or cause to be furnished: (1) A resident engineer, inspectors and other technical personnel to perform the following work: (The number of such inspectors and other technical personnel required shall be subject to the approval of the LA.) a. Continuous observation of the work and the contractor's operations for compliance with the plans and specifications as construction proceeds, but the ENGINEER does not guarantee the performance of the contract by the contractor. b. NA C. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. d. Supervision of inspectors, proportioning engineers and other technical personnel and the taking and submitting of material samples. e. Revision of contract drawings to reflect as built conditions. f. Preparation and submission to the LA in the required form and number of copies, all partial and final payment estimates, change orders, records and reports required by the LA and the DEPARTMENT. 2. That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to this agreement will be in accordance with the current standard specifications and policies of the DEPARTMENT, it being understood that all such reports, plats, plans and drafts shall before being finally accepted, be subject to approval by the LA and the said DEPARTMENT. 3. To attend conferences at any reasonable time when requested to do so by the LA or representatives of the DEPARTMENT. 4. In the event plans, surveys or construction staking are found to be in error during the construction of the SECTION and revisions of the plans or survey or construction staking corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the contractor. BLR 4303 (Rev. 4/91) (Sheet 2 of 5) 5. The basic survey notes anketches, charts, computations and otheota prepared or obtained by the ENGINEER pursuant to this agreement will be made available upon request to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. 6. To make such changes in working plans, including all necessary preliminary surveys and investigations, as may be required after the award of the construction contract and during the construction of the improvement. 7. That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. 8. To submit, upon request by the LA or the DEPARTMENT a list of the personnel and the equipment he /she proposes to use in fulfilling the requirements of this AGREEMENT. The LA Agrees, To pay the ENGINEER as compensation for all services performed as stipulated in paragraphs la through 1k at actual cost of performing such work plus158.13 percent to cover profit, overhead, and readiness to serve — "actual cost' being defined as actual payrolls. Traveling and other out -of- pocket expenses for additional services will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may sublet all or part of the services provided under the paragraphs cited above. The maximum "not -to- exceed" fee for this work shall be $ 16.902.00 The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm, including the Principal Engineer, perform routine services that should normally be performed by the lesser salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. 2. That payments due the ENGINEER for services rendered pursuant to this AGREEMENT will be made as soon as practicable after the services have been performed, in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposal, estimate of cost and construction engineering services —being the work required by paragraphs 1a through 1k under THE ENGINEER AGREES — to the satisfaction of the LA and their approval by the DEPARTMENT, 100 percent of the total fee due under this AGREEMENT. b. By mutual agreement, partial payments, may be made from time to time as the work progresses. The frequency of partial payments shall not exceed one per month. 3. That should the improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a through 1k and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual cost plus 158.13 percent plus reimburse the ENGINEER for any direct costs and/or subconsultant expense incurred up to the time he is notified in writing of such abandonment — "actual cost' being defined as in paragraph 1 above. 4. That, should the LA require changes in any of the detailed plans, specifications, or estimates, except for those required pursuant to paragraph 4 of THE ENGINEER AGREES, after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus 158.13 percent to cover profit, overhead, and readiness to serve — "actual cost' being defined as in paragraph 1 above plus direct expense and subconsultant expenses. It is understood that "changes" used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans and specifications. 5. That, should the LA extend completion of the improvement beyond the time limit given in the contract, the LA will pay the ENGINEER, in addition to the fees provided herein, his actual cost Incurred beyond such time limit - "actual cost' being defined as in paragraph 1 above. It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA conceming the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. BLR 4303 (Rev. 4/91) (Sheet 3 of 5) 2. This AGREEMENT may be teiRiinated by the LA upon giving notice in writirls the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, specifications, partial and completed estimates and data if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 3 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 1 00 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he /she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty the LA shall have the right to annul this contract without liability. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed -ins quadruplicate -counterparts, ' each of which shall be considered as an original by their duly authorized offices. Executed by the LA: ATTEST: By: Clerk (SEAL) Executed by the ENGINEER: ATTEST: By: ea= I-OM,,,4 Title: 5=C1-_e_ CtV (SEAL) VILLAGE OF BUFFALO GROVE of the (Municipality/Township /County) State of Illinois, acting by and through its By: Title: CIVILTECH ENGINEERING INC. 500 Park Boulevard, Suite 250 Itasca Illinois 60143 By: <Zz�.4 Q -Q 000Z--`—> Title: \/' e BLR 4303 (Rev. 4191) (Sheet 4 of 5) u co e U) Q w w� 2 §i RW Q ■� k ki ■ 0 §i O W� k r j w a; w 0 � E om 0 � �0— � o kt-k ■ ? CC k 7 7 to \k C J � � § \ 2 a v � l B2d» z c ■ ■ . E 03 § J §w 2 CL Z CL =Co ke-E e / co . 0, J � E k 0 k � k k § 2 CC k © CC /3 7 z \k C � v � k B2d» z c ■ ■ ■ o� 03 a c E 2 i ! ! # k k ! � ! 2 a C4 k k \k kci � o e � 61:� 6cl� m m . k k e � O 2 . k n o 8 o S § § Cl) £ k 2 © E a n C 0 w 09. 6& 64). _ ad q c e e C14 CL I 0 . 2 0 \ $ _ R L , ƒ o m 6e, � k k e o © G C14 § c 2 e ■ � � e o B (D 4) k a 2 . a CA E LU § . O 7 $ 2 w - c A ° - ui ui w 2 § E ` $ ® w ' M ■ \ w \ � 2 i ! ! # k k ! � ! 2 a C4 TO: William R. Balling Village Manager FROM: Gregory P. Boysen Director of Public Works DATE: September 1, 1999 SUBJECT: Deerfield Parkway and Commerce Court Intersection Improvement I am submitting the following resolution related to the construction of the Deerfield Parkway and Commerce Court Intersection Improvement: A Resolution Approving an Agreement for Construction Engineering Services Related to the Deerfield Parkway and Commerce Court Intersection Improvement These construction engineering services are fully reimbursable through the project's IDOT Operation Green Light/Access to Transit Grant. I would recommend that this resolution be approved at the next regular Board meeting scheduled for Monday, September 13, 1999. If you have any questions concerning this matter, please let me know. attachments cc: Richard K. Kuenkler, Village Engineer F:\ GROUP\ PWDIRGRP\ LHC \BUSCH \DRFLDPKY\09019WRB.DOC