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1987-10-05 - Resolution 1987-49 - APPROVING AN AGREEMENT FOR DESIGN ENGINEERING SERVICES FOR THE 1988 VILLAGEWIDE CONTRACTUAL STREET MAINTENANCE PROJECTRESOLUTION NO. 87- 49 A RESOLUTION APPROVING AN AGREEMEM FOR DESIGN ENGINEERING SERVICES FOR THE 1988 VILLAGEWIDE CONTRACTUAI STREET I.IAINTENANCE PROJECT WHEREAS, the Presldent atrd Board of Truatees of the VLllage of Buffalo Grove deslre to cauae the deelgn of the 1988 Vlllagewlde Contractual Street Malntenance ProJect; and, IIXEREAS, the approval of an agreeoent rrlth a consultlng "rrglrr""t\ 1s required ln order to proceed wlth the necesaary englneerlng of the proj ec t . NOW, THEREFoRE, BE IT RESoLVED by the Presldent and Board of Trustees of the V11la8e of Buffalo Grove, Lake and Cook Countles, Illlnol8, that the Presldent and Clerk be, and they are hereby authorlzed and dlrected to execute the rrvlllage of Buffalo Grove Street Inprovements, Sectl.on 87-000 45-00- rP Englneerlng Servlces Agreenent.rr A copy of sald contract 18 attached hereto and nade a part thereof. A'ES: 5 - Marienthal , clover, Reid, Shields, Shifrin NAYES:O - None ABSENT:1 - Kowafski PASSED: ocxo r5 , 1987 , L987APPRoVED: octobex 5 APPROVED : ATTEST : "m,.lr.a,* VILLAGE OF BUFE'ALO GROVE STREET IMPROVEMENTS SECTION 87-OO04S-OO-FP ENGINEERING DESIGN SERV]CES AGREEMENT THrs AGREEMENT is made as of the 5fi- day of ileZJu>- ,1987, by and between t.he village of suET;f6 crova, loma-T;-EE Counties of Cook and Lake, of the State of IlIinois, hereinaftercalled the VILIAGE, and Baxter & Woodman, Inc., Environrnental Engi- neers, an Illinois corporation, hereinafter called the ENGINEERS, for engineering services in connection vrith the 1988 Street Restoration and Resurfacing Program, designated as Section 87-00045-00-FP,hereinafter referred t.o as the PROJECT, which wilI be financedentirely or in part with Motor Fuel Tax funds allotted t,o the VILLAGEby the state of IIlinois and constructed under the general supervi-sion of the Illinois Depart.ment of Transportation, Division of High- ways, hereinaf Eer called the DMSION OF HIGHIIAYS. WITNESSETH thaE in consideration of the muEuaI covenants herein- af ter set f orth, the parties hereLo agree as f o.L.l.ows: SECTION 1. The ENGINEERS agree to perform or bethe performance of the following engineering services responsible forfor the PROJECT: preparation of described in Exhibit in bid receiving, and prepare f inal DIVISION OF HIGH- t.I Make field surveys necessary forplans Streets to be included in the program E of this Agreement.. the are 1.3 Review and analyze traffic studies and counts Eo befurnished by the VILLAGE for those sEreets requiring a structural pavement des ign . 1.4 Prepare plans, special provisions, and estimates ofcost. Eive (5) copies of the plans, special provisions, proposals, and estimat.e of cost shall be furnished t.o the VILLAGE. Additionalcopies of any or all document.s, if required, shall be furnished Eothe VILLAGE by the ENGINEERS at their actual cost for reproduct.ion. I.5 Attend conferences to be held at the request of t,hevILLAGE for review and evaluation of proposed improvements. 6 Provide documents for bidding, assistbids, make recommendation to the VILLAGEdocuments for approval by the VILIAGE and 1 evaluate cont ract WAYS. SECTION 2. The VILLAGE agrees to appoint a project Manager whoshal1.be in responsible charge and direcl-contror of-the pioje"t utall times. _The project tlanager will rnake availabre to the ENGTNEERSall. available reports, maps, traffic counts, and data pertaining tothe proposed improvements. - 1- )-.2 Make or cause to be made subsurface investigations and analyses thereof required for the design of the proposed PROJECT in accordance with the current requirements of the DIVISION OF HIGHWAYS. I ENGINEERS, and IhE for the services,SECTION 3. The VILLAGE agrees to pay the ENGINEERS agree to accept as fu11 compensation described in secEj.on 1, as follows: 3.I A lump sum of $1 ,622.00 for profit on1y. 3.3 Reimbursement for overhead and/or indirect costs incurred in fulfilling t.he Eerms 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 The maxinum amount of the total fee payment under this Agreement as determined in Subsections 3.1, 3.2,3.3 and 3.4, and in Exhibits A and B, shall be $20r654.00 unless there is a substanEial change in the scope, complexity, or character of lhe work. 3.6 Payment by the VILLAGE shall be made to the ENGINEERS as soon as practical each month, in the amount of 90t of the fee earned(invoiced). Monthly progress payments of the lump surn for profit, 3.2 Reimbursemenb salar ies of employees forfulfill the terms of this Subsectiondate. The upon plan a bursed for all costs related to Ehe direct time chargeable to the PROJECT necessary to Ag reement. 3.1 10r nd , sha1l be prorated based on the fee payment earned to retainage plus any balance due shall be paid in fullspecification approval by Ehe DIVISION OF HIGHwAYS. wi 11 be reim-?? to Travel and other out-of-pocket expenses the ENGINEERS at their actual. cost. 4.1 The ENGINEERS shal1 proceed with the services under Agreement promptly after receiving DMSION OE HIGHWAYS approval the VILLAGETs authorization to proceed. This Agreement will beeffect through December, 1987, or until such time as terminated Subsection 4.1.6 hereof. this and in unde r 4.2 All reports, plans, p1ats, and special provisions to be furnished by the ENGINEERS pursuant to this Agreement will be in accordance with Ehe current standard specificaEions and policies of the DMSION OF HIGHWAYS, it being undersEood that. all such reporEs,plats, plans and drafts, shal1 before being f inaJ-1y accepted, be sub-ject to approval by the VILLAGE and said DIVISIoN OF HIGHWAYS. 4.3 The basic survey notes and sketches, charts, computabions and other data prepared or obtained by the ENGINEERS pursuanE to this Agreement will be made available, upon request, to Ehe VILLAGE or Ehe DMSION OF HIGHWAYS without cost and withouE resEricEion or limita-tions as to t.heir use. 2 SECTION 4. The parties hereEo furEher mutually agree: 4.4 A11 plans and other documents furnished by t.he ENGINEERSpursuant. to this Agreement wiII be endorsed by them and will showEheir professional seal where such is required by law. 4.5 The ENGINEERS will subniE, upon request by the VILLAGE orthe DMSION oE IiIGHWAYS, a list of Ehe personnel and t.he equipment Lhey propose to use in fulfilLing the requirenents of this Agreement. 4.6 A schedule of the ENGINEERS' regular hourly salary rangefor each classification of employee expected to be productively engaged in work necessary to f ulf il.1 t.he terms of this Agreement, is shown on Exhibit C of this Agreement. 4.7 Overhead and indirect cosEs shown on Exhibit D of EhisAgreement, as a percent of direct payroll cost, are the ENGINEERS 'actual overhead and indirect. costs based on the ENGINEERST recordsfor the past one year prior to the effective date of this Agreement. 4.8 Payroll burden and fringe benefit cost.s shown on ExhibitD of this AgreemenL as a percent of direct payroll cost are the ENGINEERSi actual payroll and fringe benefits cost based on the ENGINEERST records for the past one year prior to the effective dateof this Agreemenb. tionsto by cost party 4.9 The ENGINEERS agree that services stipulated in Subsec-1.2 and 1.3 of this Agreement, j.f required and mutuaLly agreedthe VILLAGE and the ENGINEERS, sha1l be paid for at the actualto the ENGINEERS, Lo be verified by copies of invoices from thedoing the work, subject to Section 3.5 above. 4.10 The ENGINEERS warrant that they have not employed orretained any company or person, other than a bona fide employee work-ing solely for the ENGINEERS, to solicit or secure this Agreement,and that t.hey have not paid or agreed Eo pay any company or person,other than a bona fide employee working solely for the ENGINEERS, anyfee, commission, percentage, brokerage fee, gifts, or any other con-sideration, contingent upon or result j.ng from the award or making ofthis Agreement. For breach or violation of this warranty, the ViL-LAGE shaLl have the right to annul this Agreement withouE liability,or in its discret.ion to deduct from t.he Agreement price or considera-tion, or otherwise recover, the furl amount of suc-h fee, commission,percentage brokerage fee, gift, or contingent fee. 4.11 The ENGINEERS represent that they have, or will secureat their own expense, aI1 personnel requireA in periorming-ineservices under this Agreement. such personner siralr not 6e empr.oyeesof or have any contractuar rerationship with the VTLLAGE. Arr of theservices required hereunder shall be parformed uv tte ir,rcrnnnns orunder their supervision, and a1r pers^onnel engugia in ine-woir snarrbe qualified and aurhorized under'state ana r5cii :.i, io-p"iio,,n "u"tservices. 3 4.13 The VILLAGE may, from t j.me to time, require changes inthe scope of the services of the ENGINEERS to be performed here-under. Such changes, including any increase or decrease in the amount of the ENGINEERST compensaEion, which are mutually agreed upon by and between the VILLAGE and Ehe ENGINEERS, sha11 be incorporaEedin written amendments to this Agreement. 4.14 The ENGINEERS will not. discriminate against any employeeor applicant for employment because of race, coIor, religion, sex, ornational origin. The ENGINEERS shal,l take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, coIor, religion, sex,or national origin. Such actions shall include, but not be limitedto, the following: employment, upgrading, demotions, or transfers, recruitmenL or recruitment advertising; Iayoffs or terminationsi rates of pay or other forms of compensationi selection for trainingincluding apprenticeship; and participation in recreational and educational activities. The ENGINEERS agree to post, in conspicuousplaces available to employees and applicanbs for employment., noticesto be provided setting forth the provisions of t.his non-discrimina-tion clause. The ENGINEERS will in all solicitations or advertise- ments for employees placed by or on behalf of the ENGINEERS, statethat al1 qualified applicants will receive consideration for employ- ment without. regard to race, color, religion sex or naEional origin. The ENGINEERS will cause the foregoing provisions t.o be inserLed ina1I subcontract.s for any vrork covered by this Agreement so that suchprovisions will be binding upon each subcontractor provided thaE theforegoing provisions shal1 not apply t.o contracts or subcontracLs forstandard commercial supplies or raw materials. 4.15 If the ENGINEERS are of the opinion that any vrork theyhave been direct,ed to perform is beyond the scope of the Agreementand constitutes extra work, they shalI promptly notify the VILLAGE ofthat fact in writing before proceeding. No extra work sha1l" beeJ.igible for payment unless it is authorized in writing in advance by Ehe VTLLAGE. rn the event the VTLLAGE determines that such work doesconstitute extra work, it shall provi.de extra compensation to theENGINEERS 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 oLher parti"" "ub"tan-t.iarlv fails to fulfirl its obrigaEions under this Agreemeni throughno fault of the terrninating party, or the VILLAGE ma! terminate thisAgreement, in whole or in part, in writing. for its -convenien... However, no such termination may be errec[i:a unless cne teiminating 4 4.L2 The ENGINEERS shall not be responsibLe for any delays inthe performance of services hereunder caused by strikes, action of the elements, acts of any government, civil disturbances, delays of the VILI,AGE in supplying information or in approving documents sub-mitted by the ENGINEERS, or any other other cause beyond their reasonable control or for the expenses or direct or indirect cosEs or consequences arising from such delay. party gives the other party (1) not less than Een (10) calendar dayswritten notice (delivered by certified mail, return receipt request-ed) of intent to terminate, and (2) an opportunity for a meeting withthe terminating party before termination. If this Agreement isterminated by the VILLAGE for default., the ENGINEERS sha11 be paidfor services performed t.o the effect.ive date of termina!ion, includ-ing reimbursable expenses. If this Agreement is terminat.ed by eitherthe ENGINEERS for default or by the VILLAGE for convenience, the ENGINEERS shal1 be paid for services performed to the effect.ive dat,eof termination, including reimbursable expenses plus five percent(53) of the total compensation earned to the effective date oftermination as extra compensation for the ENGINEERS' reschedulingadjustments, reassignnent of personnel, and related costs incurreddue to termination. If, after termination by the VILLAGE for failureof t.he ENGINEERS to fuIfi11 contractual obligat.ions under this Agree-ment, it is det.ermined that the ENGINEERS had not so failed, thetermination shal1 be deemed to have been effected for the convenienceof the VILLAGE, and the ENGINEERS shall be paid accordingly. IN WITNESS WHEREOF the VILLAGE has caused the execution of Agreement to be made by its President and attest,ed by its Clerkpursuant to a resolution passed by the Board of Trustees, whichresolution is considered to be part of this Agreement the sanethough it were written herein, and Ehe ENGINEERS have hereuntotheir hand and seal as of the day and year first above written. VILLAGE OF BUFFALO GROVE, ILLINOIS ( SEAL ) By President ATTEST: ou-r; BAXTER & WOODMAN, INC. ENVIRONMENTAL ENGINEERS ( SEAL ) this as set By ha i rman LEU ATTE ST : S ecre tary r'VIllage Clerk + il,l- 5 EXHIBIT A AVERAGE PAYROLL RATE Field Surveys Evaluation Prel. Est. & Deslqm Drafting Final P.S. & E. Bid Receiving Salarv P Meetin c I.rgt. Admin. & t Part wgt . Rate wgt. Rate $ Part. wgt. Rate t Part. t Part. wgt. Ra te w9t Rate t Part. t Part. wgt. Ra te $2s. oo 50 12.50 20 5.00 1.25 t0 2. 50 20 5. O0 Personnel cl4sstE&eE!_an_ Princlple Sr. Engr.19. 00 50 9.50 30 5.70 15 2.A5 30 5.?0 80 ).5 .20 Engineer r5. 00 20 3. 00 7.50 50 7.50 3.75 Jr. Engineer r2. 50 50 6.25 20 2.50 25 3.13 lr. 50 30 3 .45 13. 90 10 34 3.91 4.59 10 1.r5Eng!. Tech. Draftsman Draftsman 12.00 Average Salary Rate 100 22.OO 100 L2,70 L00 18.20 100 L5.25 r00 3.96 L2 .46 r00 I6.23 r00 20 .20 rIII ( ( EXHIBIT B COST ESTIMATE OF CONSULTANT SERVICES Item Hours Payrol l Fringe Benefits Overhead Subtotal Profit Direct Cost Total cost c Administration and Meetings 30 $ 660 $ 376 $ B3B $ 1,874 $ r9s $ ,o*$ 2,092 10.1 Field Surveys 100 L,2'1O 724 1, 613 3 ,607 381 100*4, 088 I9,8 Evaluation 259 578 L ,292 r37 20*t, 449 7.0 Preliminary Esti- mate and Desigrr Drafting BO t,220 696 1,549 3,465 366 3,5001*7,331 35.5 60 74A 426 950 2,!24 224 2, 34A 11.4 Final Plans, Specifications and Estimate 40 649 370 424 1,843 195 20*2,058 10.0 Bid Receiving 20 404 230 513 1,t47 121 20*1, 288 6,2 Totals 355 $5,406 $3.081 $6. 86s $rs,3s2 $r ,622 $3,680 $20,6s4 100.0 ( ( rvehicle Expense**Pavement Borings and IBR! s EXITI BIT C ITOURLY RATE RANGE - ENGINEERIS REGULAR SCALE classification Principal Engineer Senior E ng ineer Engineer Junior Engi neer D raf t sman/T echni c ian ClericaI $24. s0 17.00 14. s0 11. 50 7 .60 5. 50 $34.00 22.60 16.90 14.40 15. 80 13.90 From To EXHIBIT D PAYROLL BURDEN AND INDIRECT COST Account Descr ipt ion TOTALS officer compensat ion Salaries Repai rs Rents Taxes InEerest contributionsDepreciation , Advertising Retirement plan Employee benefit prog rams Dues and subsc riptionsUtilities (electric, etc . ) Ereight. and expr e ss Insurance Legal and account ing l.liscel,laneous s upplies Postage Travel consult ing TesEing Printing Miscellaneous serv i ces Meetings and convent. ions Amor i zat ion PayrolI Burden I ndi rect Cost (, t27 .3 t27 3 9 2 6I 4 t2. t2.2 28 .6 56.9 I 1 4 3 7 1 3 2 5 5 7 7I 2 0 7I 3 4 0 L 5 1I 0 Use 57 34.5 39 .4 0.6 7.8 0.8 EXHIBIT E PRO,]ECT DESCRIPTION Brandywyn L ane Brandywyn C ourt Thompson Boulevard chaucer way Kent Lane Bush Road to approximately 150' northof Kingsbridge l,lay complete Brandynyn Lane to Chaucer Way Thompson Boulevard to Brandywyn Lane Thompson Boulevard to Chaucer Way