1997-210 1 .. 0
RESOLUTION NO. 97- 21
A RESOLUTION APPROVING AN AGREEMENT FOR
DESIGN 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 "Village of Buffalo Grove Street Improvements, Section 97- 0003- 00 -RS,
Engineering 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: May 5 ,1997
APPROVED: May 5 ,1997
ATTEST
. Q
illage Clerk
res963
• • •
Illinois Department of Transportation
Division of Highways /District 1
201 West Center Court /Schaumburg, Illinois 60196 -1096
LOCAL ROADS AND STREETS
CITY MFT
Buffalo Grove
Section: 97- 00074 -00 -RS
Cook County
Engineering Agreement
July 21, 1997
Janet Sirabian
Village Clerk
50 Raupp Blvd.
Buffalo Grove, IL 60089
Dear Madam:
The agreement for engineering services dated May 5, 1997 between the Village
of Buffalo Grove and Baxter and Woodman, Consulting Engineers, for
engineering services to be performed in connection with the Village's motor fuel
tax construction improvement designated as Section 97- 00074 -00 -RS was
approved by this Department on July 18', 1997. The Village's file copy of the
agreement is being returned herewith.
If you have any questions please contact Akram Chaudhry at (847) 705 -4410.
Very truly yours,
Duane P. Carlson, P.E.
District Engineer
Bo
N ncy L. gnus, P.E.
Bureau Chief of Local Roads and Streets
cc: Robert Hinton w /encl.
Baxter and Woodman w /encl.
sAgen \wp2 \721 act l .doc
•
VILLAGE OF BUFFALO GROVE
STREET IMPROVEMENTS SECTION 97- 00074 -00 -RS
ENGINEERING DESIGN SERVICES
AGREEMENT
THIS AGREEMENT is made as of the ' day of 'q ' 1997, by and
between the Village of Buffalo Grove, Illinois, hereinafter referred t s the VILLAGE,
and Baxter & Woodman, Inc., Consulting Engineers, an Illinois Business Corporation,
hereinafter referred to as the ENGINEERS, for engineering services in connection with
the 1998 Street Restoration and Resurfacing Program, designated as Section 97- 00074 -00-
RS, Engineer's Project No. 970088, hereinafter referred to as the PROJECT. Motor
Fuel Tax funds, allotted to the VILLAGE by the State of Illinois under the general
supervision of the State Department of Transportation, hereinafter referred to as the
DEPARTMENT, will be used entirely or in part to finance engineering services as
described below.
WITNESSETH that in consideration of the mutual covenants herein, these
parties agree as follows:
SECTION 1. The ENGINEERS shall perform or be responsible for the
performance of the following engineering services for the PROJECT:
1.1 Make field surveys necessary for the preparation of plans. Streets to be
included in the Program are described in Exhibit E of this Agreement.
1.2 Review and analyze traffic studies and counts to be furnished by the
VILLAGE for those streets requiring a structural pavement design.
1.3 Prepare plans, special provisions, and estimates of cost. Five (5) copies of
the plans, special provisions, proposals, and estimate of cost shall be furnished to the
VILLAGE. Additional copies of any or all documents, if required, shall be furnished
to the VILLAGE by the ENGINEERS at their actual cost for reproduction.
1.4 Attend conferences to be held at the request of the VILLAGE for review
and evaluation of proposed improvements.
- 1 -
B A X T E R
WOODMAN
0 .- .. 0
1.5 Provide documents for bidding and assist the VILLAGE in receiving and
evaluating bids, make recommendation to the VILLAGE for an award of a contract and
prepare final contract documents for approval by the VILLAGE and the DEPART-
MENT.
SECTION 2. The VILLAGE agrees to appoint a Project Manager who shall be
in responsible charge and direct control of the project at all times. The Project
Manager will make available to the ENGINEERS all available reports, maps, traffic
counts, and data pertaining to the proposed improvements.
SECTION 3. The VILLAGE shall compensate the ENGINEERS for the
professional services enumerated in Section 1 hereof as follows:
3.1 A lump sum of $4,913 for profit only.
3.2 Reimbursement for all costs related to the direct salaries of employees for
time chargeable to the PROJECT necessary to fulfill the terms of this Agreement.
3.3 Reimbursement for overhead and /or indirect costs incurred in fulfilling
the terms of this Agreement.
3.4 Reimbursement for payroll burden and fringe costs, and direct non - salary
costs incurred in fulfilling the terms of this Agreement.
3.5 Travel and other out -of- pocket expenses will be reimbursed to the
ENGINEERS at their actual cost.
3.6 The maximum amount of the total fee payment under this Agreement as
determined in Subsections 3.1, 3.2, 3.3, 3.4, and 3.5, and in Exhibits A and B, shall be
$42,000 unless there is a substantial change in the scope, complexity, or character of the
work.
3.7 The ENGINEERS may submit monthly statements for payment of
services as the PROJECT progresses.
3.8 Payments to the ENGINEERS shall be due and payable within forty -five
(45) consecutive calendar days from the date of the ENGINEERS' invoice to the
VILLAGE.
SECTION 4. The parties hereto further mutually agree:
-2-
B A X T E R
Prop-
404.
WOODMAN
Consulling Engmrms
4.1 The ENGINEERS shall proceed with the services under this Agreement
promptly after receiving the DEPARTMENT'S approval and the VILLAGE'S
authorization to proceed. This Agreement will be in effect through February, 1998 or
until such time as terminated under Subsection 4.16 hereof.
4.2 All reports, plans, plats, and special provisions to be furnished by the
ENGINEERS 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 VILLAGE and said DEPARTMENT.
4.3 The basic survey notes and sketches, charts, computations and other data
prepared or obtained by the ENGINEERS pursuant to this Agreement will be made
available, upon request, to the VILLAGE or the DEPARTMENT without cost and
without restriction or limitations as to their use.
4.4 All plans and other documents furnished by the ENGINEERS pursuant
to this Agreement will be endorsed by them and will show their professional seal
where such is required by law.
4.5 The ENGINEERS will submit, upon request by the VILLAGE or the
DEPARTMENT, a list of the personnel and the equipment they propose to use in
fulfilling the requirements of this Agreement.
4.6 A schedule of the ENGINEERS' regular hourly salary range for each
classification of employee expected to be productively engaged in work necessary to
fulfill the terms of this Agreement, is shown on Exhibit C of this Agreement. This
schedule is for calendar year 1997 and may be revised annually as necessary to provide
for increases in employee wages.
4.7 Overhead and indirect costs shown on Exhibit D of this Agreement, as
a percent of direct payroll cost, are the ENGINEERS' actual overhead and indirect
costs based on the ENGINEERS' records for the past one year prior to the effective
date of this Agreement.
4.8 Payroll burden and fringe benefit costs shown on Exhibit D of this
Agreement as a percent of direct payroll cost are the ENGINEERS' actual payroll and
fringe benefits cost based on the ENGINEERS' records for the past one year prior to
the effective date of this Agreement.
-3-
B A X T E R
WOODMAN
Coruupinb Engineers
• •
4.9 The ENGINEERS agree that services stipulated in Subsection 1.2 of this
Agreement, if required and mutually agreed to by the VILLAGE and the ENGI-
NEERS, shall be paid for at the actual cost to the ENGINEERS, to be verified by
copies of invoices from the party doing the work, subject to Section 3.6 above.
4.10 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 Agreement, 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 or making of this
Agreement. For breach or violation of this warranty, the VILLAGE shall have the
right to annul this Agreement without liability, or in its discretion to deduct from the
Agreement price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage brokerage fee, gift, or contingent fee.
4.11 The ENGINEERS represent that they have, or will secure at their own
expense, all personnel required in performing the services under this Agreement. Such
personnel shall not be employees of or have any contractual relationship with the
VILLAGE. All of the services required hereunder shall be performed by the
ENGINEERS or under their supervision, and all personnel engaged in the work shall
be qualified and authorized under State and local law to perform such services.
4.12 The ENGINEERS shall not be responsible for any delays in the
performance of services hereunder caused by strikes, action of the elements, acts of any
government, civil disturbances, delays of the VILLAGE in supplying information or
in approving documents submitted by the ENGINEERS, or any other cause beyond
their reasonable control or for the expenses or direct or indirect costs or consequences
arising from such delay.
4.13 The VILLAGE may, from time to time, require changes in the scope of
the services of the ENGINEERS to be performed hereunder. Such changes, including
any increase or decrease in the amount of the ENGINEERS' compensation, which are
mutually agreed upon by and between the VILLAGE and the ENGINEERS, shall be
incorporated in written amendments to this Agreement.
4.14 The ENGINEERS will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin. The
ENGINEERS shall take affirmative action to ensure that applicants are employed and
-4-
B A X T E R
WOODMAN
Consullhig En pnem
® i
that employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotions, or transfers, recruitment or recruitment
advertising; layoffs or terminations; rates of pay or other forms of compensation;
selection for training including apprenticeship; and participation in recreational and
educational activities. The ENGINEERS agree to post, in conspicuous places available
to employees and applicants for employment, notices to be provided setting forth the
provisions of this non - discrimination clause. The ENGINEERS will in all solicitations
or advertisements for employees placed by or on behalf of the ENGINEERS, state that
all qualified applicants will receive consideration for employment without regard to
race, color, religion sex or national origin. The ENGINEERS will cause the foregoing
provisions to be inserted in all subcontracts for any work covered by this Agreement
so that such provisions will be binding upon each subcontractor provided that the
foregoing provisions shall not apply to contracts or subcontracts for standard
commercial supplies or raw materials.
4.15 If the ENGINEERS are of the opinion that any work they have been
directed to perform is beyond the scope of the Agreement and constitutes extra work,
they shall promptly notify the VILLAGE of that fact in writing before proceeding. No
extra work shall be eligible for payment unless it is authorized in writing in advance
by the VILLAGE. In the event the VILLAGE determines that such work does
constitute extra work, it shall provide extra compensation to the ENGINEERS upon
a fair and equitable basis.
4.16 This Agreement may be terminated, in whole or in part, in writing 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, in writing, 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 (delivered by certified
mail, return receipt requested) of intent to terminate, and (2) an opportunity for a
meeting with the terminating party before termination. If this Agreement is terminated
by the VILLAGE for default, the ENGINEERS shall be paid for services performed to
the effective date of termination, including reimbursable expenses. If this Agreement
is terminated by either the ENGINEERS for default or by the VILLAGE for
convenience, the ENGINEERS shall be paid for services performed to the effective date
of termination, including reimbursable expenses plus five percent (5 0/6) of the total
compensation earned to the effective date of termination as extra compensation for the
ENGINEERS' rescheduling adjustments, reassignment of personnel, and related costs
incurred due to termination. If, after termination by the VILLAGE for failure of the
ENGINEERS to fulfill contractual obligations under this Agreement, it is determined
-5-
B A X T E R
WOODMAN
Canso lling Engineen
that the ENGINEERS had not so failed, the termination shall be deemed to have been
effected for the convenience of the VILLAGE, and the ENGINEERS shall be paid
accordingly.
4.17 The ENGINEERS certify that they have not been barred from signing
this Agreement as a result of a violation of Sections 5/33E -3 and 5/33E -4 of the
Criminal Code (Chapter 720 of the Illinois Compiled Statutes).
4.18 The ENGINEERS agree to hold harmless and indemnify the VILLAGE
and each of its officers, agents and employees from any and all liability claims, losses,
or damages 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 VILLAGE agrees to hold harmless and indemnify the ENGINEERS, and
each of their officers, agents and /or employees from any and all liability claims, losses,
or damages arising out of or alleged to arise from negligence in the performance of the
services under this Agreement 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 /or employees.
The VILLAGE acknowledges that the ENGINEER is a Business Corporation
and not a Professional Service Corporation, and further acknowledges that the
corporate entity, as the party to this contract, expressly avoids contracting for
individual responsibility of its officers, directors, or employees.
The VILLAGE and ENGINEERS agree that any claim made by either party
arising out of any act of the other party, or any officer, director, or employee of the
other party in the execution or performance of the Agreement, shall be made solely
against the other party and not individually or jointly against such officer, director, or
employees.
4.19 For the duration of the PROJECT, The ENGINEERS shall procure and
maintain insurance for protection from claims under worker's compensation acts, claims
for damages because of bodily injury including personal injury, sickness or disease or
death of any and all employees or of any person other than such employees, and from
claims or damages because of injury to or destruction of property including loss of use
resulting therefrom, alleged to arise from the ENGINEERS' negligence in the
performance of services under this Agreement. The VILLAGE shall be named as an
additional insured on the ENGINEERS' general liability insurance policy. The limits
of liability for the insurance required by this Subsection are as follows:
B A X T E R
wi l
WOODMAN
Consvlling EnAp'l m
•
(1) Worker's Compensation: Statutory Limits
(2) General Liability
Per Claim: $1,000,000
Aggregate: $2,000,000
(3) Automobile Liability
Combined Single Limit: $1,000,000
(4) Excess Umbrella Liability
Per Claim and Aggregate: $4,000,000
(5) Professional Liability
Per Claim and Aggregate: $1,000,000/$2,000,000
4.20 Notwithstanding any other provision of this Agreement, and to the
fullest extent permitted by law, the total liability, in the aggregate, of the ENGINEERS
and their officers, directors, employees, agents, and any of them, to the VILLAGE and
anyone claiming by, through or under the VILLAGE, for any and all claims, losses,
costs or damages whatsoever arising out of, resulting from or in any way related to the
PROJECT or the Agreement from any cause or causes, including but not limited to the
negligence, professional errors or omissions, strict liability or breach of contract or
warranty express or implied of ENGINEERS or .their officers, directors, employees,
agents or any of them, hereafter referred to as the "VILLAGE's Claims ", shall not
exceed the total insurance proceeds available to pay on behalf of or to the ENGI-
NEERS by their insurers in settlement or satisfaction of VILLAGE's Claims under the
terms and conditions of ENGINEERS' insurance policies applicable thereto, including
all covered payments made by those insurers for fees, costs and expenses of investiga-
tion, claims adjustment, defense and appeal.
4.21 The ENGINEERS are responsible for the quality, technical accuracy,
timely completion, and coordination of all Designs, Drawings, Specifications, Reports,
and other professional 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.
4.22 All Reports, Drawings, Specifications, other documents, and magnetic
media prepared or furnished by the ENGINEERS pursuant to this Agreement are
instruments of service in respect to the PROJECT, and the ENGINEERS shall retain
the right of reuse of said documents and magnetic media by and at the discretion of the
ENGINEERS whether or not the PROJECT is completed. Reproducible copies of the
-7-
B A X T E R
wa-
WOODMAN
Cnnsvlli ng Engineers
0
ENGINEERS' documents and magnetic media for information and reference in
connection with the use and occupancy of the PROJECT by the VILLAGE and others
shall be delivered to and become the property of the VILLAGE upon request; however,
the ENGINEERS' documents and magnetic media are not intended or represented to
be suitable for reuse by the VILLAGE or others on additions or extensions of the
PROJECT, or on any other project. Any such reuse without verification or adaptation
by the ENGINEERS for the specific purpose intended will be at the VILLAGE's sole
risk and without liability or legal exposure to the ENGINEERS, and the VILLAGE
shall indemnify and hold harmless the ENGINEERS from all claims, damages, losses
and expenses including attorneys' fees arising out of or resulting therefrom. Any
furnishing of additional copies and verification or adaptation of the ENGINEERS'
documents and magnetic media will entitle the ENGINEERS to claim and receive
additional compensation from the VILLAGE. Magnetic media are furnished without
guarantee of compatibility with the VILLAGE's software or hardware, and the
ENGINEER'S sole responsibility for such media is to furnish replacements of defective
disks within 30 days after initial delivery.
- 8 -
B A X T E R
wa'�Cl
WOODMAN
Cnnsulling Enjowns
• •
IN WITNESS WHEREOF the VILLAGE has caused the execution of this
Agreement to be made by its 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 BUFFALO GROVE, BAXTER & WOODMAN, INC.
ILLINOIS
By By
President President /CE
(SEAL)
ATTEST:
970088
ATTEST:
*iflage Clerk Secretary
(SEAL)
B A X T E R
wa'�Cl
WOODMAN
Cnn+ulling En,ginem
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EXHIBIT C
HOURLY RATE RANGE - ENGINEER'S REGULAR SCALE (1997)
Classification
From
To
Principal Engineer
$36.00
$46.00
Senior Engineer
29.00
38.00
Engineer /Senior Drafter
18.00
32.00
Junior Engineer /Drafter
14.00
22.00
Engineer /Technician
18.00
26.00
Clerical
10.00
18.00
970088
8 A X T E R
wa-
WOODMAN
Cnnsv(!i ug L•'�i�R nevrs
EXHIBIT D
PAYROLL BURDEN AND INDIRECT COST
AS PERCENTAGE RATE OF DIRECT SALARY
970088
B A X T E R
WOODMAN
fonavl(iug lingirurims
Fringe Benefits
Overhead and
and Payroll
Indirect
Burden
Costs
Officer compensation
3.03
32.78
Salaries
12.49
37.36
Repairs
0.91
Rents
1.11
Taxes
12.57
1.53
Interest
Contributions
Depreciation
5.23
Advertising
Retirement Plan
16.82
Employee benefit programs
7.65
Dues and subscriptions
0.67
Utilities (electricity, etc.)
2.68
Insurance
4.88
Legal and accounting
2.13
Miscellaneous
3.12
Supplies
3.55
Postage
0.95
Travel
1.11
Consulting
0.00
Testing
0.04
Printing
Miscellaneous services
1.54
TOTALS
28.09
124.06
IDOT Approved Rates
28%
124%
970088
B A X T E R
WOODMAN
fonavl(iug lingirurims
n • r 1
EXHIBIT E
PROJECT DESCRIPTION
Street Limits
Checker Drive Arlington Heights Road to Illinois Route 83
970088
B A X T E R
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4
WOODMAN
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