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HomeMy WebLinkAboutRes 21-86 06/17/1986 RESOLUTION NO. 21-86 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND BAXTER & WOODMAN, INC. WHEREAS, the corporate authorities of the Village of Mount Prospect have determined that a study should be undertaken for the possible installation of public improvements on South George and Albert Streets between Central Road and Lincoln Street in the Village; and WHEREAS, the corporate authorities of the Village of Mount Prospect have determined that in orqßr to review the scope of the proposed project and the various requirements involved it would be in the best interests of the Vill~e to enter into an Agreement with Baxter & Woodman, Inc. to conduct sûch a stùdy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor is hereby authorized to sign and the Clerk authorized to attest her signature on the Agreement between the Village of Mount Prospect and Baxter & Woodman, Inc. for the purpose of conducting a study and preparing all the necessary reports for the possible improvement of a portion of South George and Albert Streets in the Villageo SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Arthur, Farley, Floras, Murauskis, Van Geem, Wattenberg NAYS: None ABSENT: None PASSED and APPROVED this 17th day of June , 19860 A'rTBST: &æ?~ ;f. ¡¿~ Carolyn~. Krause Hayor ~ ~Y~4j ~cY - I ¡?--t~!-Æ:L -Carol A. Fields Village Clerk VILLAGE OF MOUNT PROSPECT, ILLINOIS PAVING AND DRAINAGE IMPROVEMENTS FOR GEORGE AND ALBERT STREETS ENGINEERING DESIGN SERVICES AGREEMENT THIS AGREEMENT is made as of the day of , 1986, by and between the Village of Mount Prospect, located in the County of Cook of the State of Illinois, hereinafter called the VILLAGE, and Baxter & Woodman, Inc.., Environmental Engineers, an Illinois corporation, hereinafter called the ENGINEERS, for engi- neering services in connection with the construction of drainage and roadway improvements for George and Albert Streets, herein- after referred to as the PROJECT, which is to be financed through Special Service Area procedures.. WITNESSETH that in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: SECTION 1.. The ENGINEERS agree to perform or be responsible for the performance of the following engineering services for the PROJECT as described in Exhibit A of this Agreement. 1..1 Meet with the VILLAGE staff to review project scope and requirements.. 1..2 Make or cause to be made such soil borings as required to determine existing pavement thickness and to .forecast the. extent of unsuitable subgrade materials.. 1.3 Make field surveys necessary for the preparation of plans and specifications.. 1&4 Prepa~e plans, special provisions, contract documents, and an opinion of construction cost.. Contract documents shall include Advertisement. to Bidders, Instructions to Bidders Proposal, Perfo.rmance Bond, Articles of Agreement, General and Detailed Specifications.. 1..5 Provide documents for bidding and assist the VILLAGE in receiving and evaluating bids, and make recommendation for award of contract& 1..6 Attend one Public Hearing for the Special Service Area& L 7 Maintain close liaison with the VILLAGE staff during preparation of the plans and specifications.. - 1 - .. . 4.5 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 according- ly. 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 Agree-ment. No service for which an additional compen- sation will be charged by the ENGINEERS shall be furnished without the written authorization of the VILLAGE. IN WITNESS WHE.REOF, the parties hereto have caused the execu- tion of this Agreement by their duly authorized officers as of the day and year first above written. VILLAGE OF MOUNT PROSPECT (SEAL) By Mayor ATTEST: Village Clerk BAXTER & WOODMAN, INC. (SEAL) By C;~-<::~~dt; President ATTEST: /' .. /' C',/ /'4. '", // l ....:;j,',...;¿', ,-l >-¥""'-":'j/'-'~ /...~¿.<'.-¡ Secretary - 4 - , EXHIBIT A Project Limits: George Street - Central Road to Milburn Avenue Albert Street - Central Road to Northwest Highway Busse Avenue - 1/2 block west of George Street to 1/2 block east of Albert Street Evergreen Avenue, - 1/2 block west of George Street to Mount Prospect Road Project Description: Install a low profile curb and gutter throughout (27 feet back to back); construct new inlets, catch basins, and new storm sewer, as required; widen existing pavement; strip off (mill) the exiting bituminous surface; place reflective crack control material (petroment); repave the entire surface (24 feet); make partial replacement of all driveway aprons; and landscape parkwayse VILLAGE OF MOUNT PROSPECT, ILLINOIS PAVING AND DRAINAGE IMPROVEMENTS FOR GEORGE AND ALBERT STREETS ENGINEERING DESIGN SERVICES AGREEMENT THIS AGREEMENT is made as of the day of , 1986, by and between the Village of Mount Prospect, located in the County of Cook of the State of Illinois, hereinafter called the VILLAGE, and Baxter & Woodman, Inc.., Environmental Engineers, an Illinois corporation, hereinafter called the ENGINEERS, for engi- neering services in connection with the construction of drainage and roadway improvements for George and Albert Streets, herein- after referred to as the PROJECT, which is to be financed through Special Service Area procedures. WITNESSETH that in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: SECTION 1. The ENGINEERS agree to perform or be responsible for the performance of the following engineering services for the PROJECT as described in Exhibit A of this Agreement.. 1..1 Meet with the VILLAGE staff to review project scope and requirements.. 1.2 Make or cause to be made such soil borings as required to determine existing pavement thickness and to .forecast the. extent of unsuitable subgrade materials. 1.3 Make field surveys necessary for the preparation of plans and specifications. 1.4 Prepare plans, special provisions, contract documents, and an opinion of construction cost. Contract documents shall include Advertisement to Bidders, Instructions to Bidders Proposal, Performance Bond, Articles of Agreement, General and Detailed Specifications. 1..5 Provide documents for bidding and assist the VILLAGE in receiving and evaluating bids, and make recommendation for award of contract.. 1..6 Attend one Public Hearing for the Special Service Area.. 1..7 Maintain close liaison with the VILLAGE staff during preparation of the plans and specifications. - 1 - L 8 Copies of survey notes and sketches, charts, computa- tions and other data prepared or obtained by the ENGINEERS pursu- ant to this Agreement will be made available, upon request, to the VILLAGE by the ENGINEERS at their actual cost of reproduction.. SECTION 2.. The VILLAGE agrees to appoint an employee as Pro- ject Manager who shall be the VILLAGE's representative in respons- ible charge and direct control of the PROJECT at all times.. The Project Manager will provide to the ENGINEERS all available reports, maps and data pertaining to the proposed improvements.. SECTION 3.. The VILLAGE agrees to compensate the ENGINEERS for the professional services enumerated in Section 1 hereof as follows: 3..1 The ENGINEERS shall be paid for their services on the basis of the following standard hourly rates of compensation for actual work time performed: Principal Senior Engineer Engineer Engineer Technician $64 to $76 per hour $50 to $62 per hour $40 to $50 per hour $20 to $40 pe~ hour 3..2 The ENGINEERS shall be reimb~rsed for automobile travel expense at $0..21 per mile plus any out-of-pocket expenses at actual cost.. 3..3 The ENGINEERS' total fee for services listed under Sections 1..1 through 1..8 shall not exceed. $50,000.. 3..4 The ENGINEERS' total fee for engineering services stated in Subsection 3..3 hereof shall not exceed the stated amount unless the ENGINEERS justify and the VILLAGE conCurs that the in- creased time or effort and/or incurred expenses are neceEsary and essential to complete the PROJECT.. During progress of work under this Agreement, the ENGINEERS shall.. continuously monitor their costs and anticipated 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 extracompensa- tion after the work has been completed.. 3..5 The ENGINEERS may submit monthly statements for pay- ment of services as the PROJECT progresses.. - 2 - 4*5 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 according- lYe 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 Agree-ment. No service for which an additional compen- sation will be charged by the ENGINEERS shall be furnished without the written authorization of the VILLAGE. IN W.ITNESS WHEREOF, the parties hereto have caused the execu- tion of this Agreement by their duly authorized officers as of the day and year first above written. VILLAGE OF MOUNT PROSPECT (SEAL) By Mayor ATTEST: Village Clerk BAXTER & WOODMAN, INC. (SEAL) By ~d£ ;:; President ATTEST: (//1 j~ /J éi.. ç(/'¿-.L/;A::;.1....../i ~ """-'- "'-'C' j /"'r"'<~ 7' Secre tary - 4 - 3~6 Payments to the ENGINEERS shall be due and payable within thirty (30) consecutive calendar days from the date of the ENGINEERS' invoice to the VILLAGEs 307 The ENGINEERS will complete all work as outlined in Section l~l to 108 within 90 calendar days after receipt of a notice to proceed from the VILLAGE~ SECTION 4~ The parties hereto further mutually agree: 4~1 This Agreement may be terminated, in whole or in part, in writing by either party if either of the other parties substan- tially 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, in writing, for its convenience~ However, no such termination may be effected unless the terminating party gives the other party (I) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for a meeting with the terminating party before terminations If this Agreement is terminated, the ENGINEERS shall be paid for services performed to the effective date of termina- tion, including reimbursable expenses~ 4~2 Neither party shall hold the other responsible for damages or time delays in the performance of the PROJECT caused by acts of God, strikes, lockouts, accidents, or other events or circumstances beyond the control of the other party. 4.3 The ENGINEERS shall acquire and maintain statutory worker's compensation insurance coverage, comprehensive liability insurance coverage, and professional liability insurance cover- age~ 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 consul- tants, contractors, or subcontractors working for the VILLAGE, or shall be for any warranties 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 one million dollars ($1,000,000) for such warranties due to the ENGINEERS! professional negligent acts, errors, or omis- sions. 4e4 The ENGINEERS shall be responsible for their profes- sional 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 be expected from similarly situated professionals. - 3 - " EXHIBIT A Project Limits: George Street - Central Road to Milburn Avenue Albert Street - Central Road to Northwest Highway Busse Avenue - 1/2 block west of George Street to 1/2 block east of Albert Street Evergreen Avenue. - 1/2 block west of George Street to Mount Prospect Road Project Description: Install a low profile curb and gutter throughout (27 feet back to back); construct new inlets, catch basins, and new storm sewer, as required; widen existing pavement; strip off (mill) the exiting bituminous surface; place reflective crack control material (petroment)¡ repave the entire surface (24 feet); make partial replacement of all driveway aprons; and landscape parkways.