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1988-10-17 - Resolution 1988-55 - APPROVING AN AGREEMENT FOR DESIGN ENGINEERING SERVICES FOR THE 1989 VILLAGEWIDE CONTRACTUAL STREET MAINTENANCE PROJECTRESoLUTIoN //88-5 5 A RESOLUTION APPROVING AN AGREEMENT FOR DESIGN ENGINEERING SERVICES FOR THE 1989 VILLAGEI,IIDE CONTRACTUAI STREET MAINTENANCE PROJECT WI{EREAS, the President and Board of Trustees of the Village of Buffalo Grove desire to cause the design of the 1989 Villagewide Contractual Street Maintenance Project; and, WHEREAS, the approval of an agreement with a consulting engineer Ls required j.n order to proceed \rith the necessary engineerlng of the proj ect. NOW, TIiEREFoRE, BE IT RESOLVED by rhe presidenr and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Countles, Illino1s, that the President and Clerk be, and they are hereby authorlzed and dlrected to execute the rrvlllage of Buffalo Grove Street Improvements, Section 88-000 46-00-FP Engineering Services Agreement.', A copy of said contract is attached hereto and Eade a part thereof. AYES:5-Mar ienthal. Glover.Reid, Shifrin, Mathlas NAYES: 0 - None ABSENT: 1 - Shield S PASSED: Ocrober 17 APPRoVED: October t7 ATTEST: 1988 I988 APPROVED : g,;l,Y\( 8-4S.; Z STATE OF ILLINOIS COUNTIES OF COOK A}ID I.AKE ) I, JANET H. SIMBIAN, hereby certtfy that I sm the duly elccted, quallfled End actlng VILLAGE CLERK of rhe V l.gc of Euffalo Grove, Countles of Cook and Lake, llllnols, and ths keeper of lts seal and records. I hereby further certlfy that the attached ls a true copy of Resolutlon No. tl_s5 adopted on thc. 17 rhday of october , l9S, by the Vl I lage Board of the Vl I lage of Buffalo Grove as shovrn by the records ln nry custody. lN tTITNESS I{HERE0F, I have hereunto set ,ny hand and afflxed the seal of the Vlllage of Buffalo Grovc aforeseld, at sald Vlllage, ln the County and State aforcsald, thls 2l sr day of 0ctober 19 88. .\u/.A*; a9e er vivt tum k by Depury C1erk ,),fu VILLAGE OF BUFFALO GROVE STREET IMPROVEI4ENTS SECTION 88-OOO46-OO-FP ENGINEERING DESIGN SERVICES AGREEIIIENT WITNESSETH that in consideration of the mutual covenants herein-after set forth, the parties hereto agree as follows: SECTION 1. The ENGINEERS agree to perform or be responsible forthe perfornance of the following engineering services for the PROJECT: I.1 t'lake field surveys necessary for the preparation ofplans Streets to be included in the Program are described in Exhibit E of this Agreement.. 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. 1.3 Review and analyze traffic studies and counts to be furnished by the VILLAGE for those streets requiring a structural pavenent design. 1.4 Prepare plans, special provisions, and estimates ofcost. 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, sha11 be furnished tothe VILLAGE by the ENGINEERS at their actual cost for reproduction. I.5 Attend conferences to be held at the request of the VILLAGE for review and evaluation of proposed improvernents. I evaluate cont ract WAYS . 5 Provide documents for bidding, assist in bid receiving,bids, make recomnendation to the vILLAGE and prepare final documents for approval by the VILLAGE and DMSION OF HIGH- SECTION 2. The VILLAGE agrees to appoint a Project Manager whoshall be in responsible charge and direct control of the project atall times. The Project Manager will make available to the ENGINEERS aIl available reports, maps, traffic counts, and data pertaining to the proposed improvements. I rHIs AGREEMENT is made as of rhe /7W day of 0dl,hf ,1988, by and between t.he village of au?68-G.or-., loffitffif,; Counties of Cook and Lake, of the State of Illinois, hereinafter ca1led the VILLAGE, and Baxter & woodnan, Inc., Environmental Engi- neers, an Illinois corporation, hereinafter calIed the ENGINEERS, for engineering services in connection vrith the 1989 Street Restoration and Resurfacing Program, designated as Section 88-00046-00-FP,hereinafter referred to as the PROJECT, which will be financedentirely or in part with Motor Fuel Tax funds allotted to the VILLAGE by the State of Illinois and constructed under the general supervi-sion of the IlIinois Department of Transportation, Division of High- ways, hereinafter calIed the DIVISION OF HIGHWAYS. SECTION 3. The VILLAGE agrees to pay the ENGINEERS agree to accept as fu11 compensation described in Section 1, as follows: ENGINEERS, and the for the services, 3.1 A lump sum of $t,Sgg.0O for profit on1y. 3.3 Reimbursement for overhead and/or indirect costs incurredin fulfilling the terms of this Agreenent. 3.4 Reimbursement for payroll burden and fringe costs, anddirect non-salary costs incurred in fulfilling the terms of this Agreement. 3.2 Reimbursement. salaries of employees forfu1fi11 the terms of this for all cost,s related to the direct time chargeable to the PROJECT necessary to Agreement. this andin under 3.5 Ag reement Exhibits A change in The maximum amount of the total fee payment under this as determined in Subsections 3.1, 3.2r 3.3 and 3.4, and in and B, shal1 be $20r416.00 unless there is a substantialthe scope, complexity, or character of the work. 3.5 Payment by the VILLAGE sha11 be nade to the ENGINEERS as soon as practical each month, in the amount of 90* of the fee earned(invoiced). I'lonthly progress paynents of the lump sum for profit, Subsection 3.I, shal1 be prorated based on the fee payment earned todate. The lot retainage plus any balance due shal1 be paid in fuII upon plan and specif ication approval by the DMSION OF HIGHWAYS. 3.7 Travel and other out-of-pocket expenses will be reim- bursed to the ENGINEERS at their actual cost. SECTION 4. The parties hereto furEher nutually agree: 4.1 The ENGINEERS shall proceed with the services under Agreement promptly after receiving DIVISION OF HIGHWAYS approvalthe VILLAGETs authorization to proceed. This Agreement will beeffect through December, 1988, or until such time as terminat,edSubsection 4.16 hereof . 4.2 All reports, plans, plats, and special provisions to befurnished by the ENGINEERS pursuant to this Agreenent will be inaccordance vrith the current standard specifications and policies ofthe DMSION OF HIGHWAYS, it being understood that aLI such reports,p1ats, plans and drafts, shall before being finally accepted, be sub-ject to approval by the VILLAGE and said DMSION OF IiIGHWAYS. 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 theDMSION OF HIGHWAYS without cost and without restriction or Iimita-tions as to their use. 2 4.4 A11 plans and other documents furnished by the ENGINEERSpursuant to this Agreement will be endorsed by Ehem and will showt.heir professional seal where such is required by 1aw. 4.5 The ENGINEERS will submit, upon request by the VILLAGE or t.he DMSION OF HIGHWAYS, a list of the personnel and the equipnentthey propose to use in fu1filling the requirements of this Agreenent. 4.6 A schedule of the ENGINEERS' regular hourly salary rangefor each classification of employee expected to be productively engaged in work necessary to fulfill the terms of this Agreenent, is shown on Exhibit C of this Agreement. This schedule is for calendaryear 1988 and may be revised annually as necessary to provide forincreases 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 ENGINEERSTactual overhead and indirect costs based on the ENGINEERS' recordsfor the past one year prior to the effective date of this Agreement. 4.8 Payroll burden and fringe benefit costs sho\{n on Exhibit D of this Agreement as a percent of direct payroll cost are the ENGINEERST actual payroll and fringe benefits cost based on Ehe ENGINEERST records for the past one year prior to Ehe effective dateof this Ag reement. tionsto bycost t Party 4.9 The ENGINEERS agree that services stipulated in Subsec-1.2 and 1.3 of this Agreement, if required and mutually agreed Lhe VILLAGE and the ENGINEERS, sha11 be paid for at the actualo the ENGINEERS, to 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 sole1y 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 so1ely for the ENGINEERS, anyfee, commission, percentage, brokerage fee, gifts, or any oLher con-sideration, contingent upon or resulting 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 irithout liability,or in iEs discretion to deduct from the Agreement price or considera-tion, or othereJise recover, the fuIl amount of such fee, commission,percentage brokerage fee, gift, or contingent fee. 4.11 The ENGINEERS represent that they have, or will secureat their own expense, all personnel required in performing theservices under this Agreement. Such personnel sha1l not be employeesof or have any contractual relationship with the VILLAGE. A11 of theservices required hereunder shall be perforned by the ENGINEERS orunder their supervision, and all personnel engaged in the work shallbe qualified and authorized under State and local law to perform suchservices. 3 4.12 The ENGINEERS shall not be responsible for any delays inthe performance of services hereunder caused by strikes, action ofthe elements, acts of any government, civil disturbances, delays ofthe VITLAGE in supplying information or in approving documents sub-mitled by the ENGINEERS, or any other other cause beyond their reasonable control or for the expenses or direct or indirect costs or consequences arising fron such delay. 4.13 The VILLAGE rnay, from time 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 ENGINEERS' compensation, which are mutually agreed upon by and between the VILLAGE and the ENGINEERS, shall be incorporatedin written amendments to this Agreement. 4.L4 The ENGINEERS will not discriminate against any employeeor applicant for enployment because of race, color, rel j.gion, sex, ornational origin. The ENGINEERS shall take aff irrnative action to ensure that applicants are employed and that employees are treatedduring employment without regard to their race, co1or, religion, sex,or national origin. Such actions sha11 include, but not be limitedto, the following: enployment, upgrading, demotions, or transfers,recruitrnent or recruitment advert.ising; layoffs or terminations;rates of pay or other forms of compensationi seLection for training includi.ng apprenticeship; and participabion in recreational and educational activities. The ENGINEERS agree to post, in conspicuousplaces available to enployees and applicants for employment, noticesto be provided setting forth the provisions of this non-discrimina-tion clause. The ENGINEERS wilI in all solicitations or advertise- ments for employees placed by or on behalf of the ENGINEERS, statethat all qualified applicants will receive consideration for employ- ment without regard to race, co1or, religion sex or national origin. The ENGINEERS wiII cause the foregoing provisions to be inserted inall subcontracts for any work covered by this Agreement so that suchprovisions will be binding upon each subcontractor provided that the foregoing provisions sha11 not apply to contracts or subcontracts forstandard commercial supplies or raw materials. 4.15 If t.he 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 shal1 promptly notify the VILLAGE ofthat fact in writing before proceeding. No extra work shal1 beeligible for payment, unless it is authorized in writ.ing in advance bythe VILLAGE. In the event the VILLAGE determines that such vrork doesconstitute extra work, it shalI provide extra compensation Lo 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 substan-tially fails to f ulfil] 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 writ.ing, for its convenience. However, no such termination may be effected unless Lhe terminat.ing 4 party gives the other party (l) not less than ten (10) calendar days lrritten notice (delivered by certified maiI, return receipt request- ed) 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 shal1 be paid for services performed to the effective date of termination, includ-ing reimbursable expenses. If this Agreement is terninated by either the ENGINEERS for default or by the VILLAGE for convenience, the ENGINEERS shall be paid for services performed to the effective dateof termination, including reimbursable expenses plus five percent(5t) of the total compensation earned to the effective date of termination as extra compensation for the ENGINEERST reschedulingadjustnents, reassignment of personnel, and related costs incurred due to termination. If, after termination by the VILLAGE for failureof the ENGINEERS to fulfill contractual obligations under this Agree- ment, it is determined that the ENGINEERS had not so failed, the terminat,ion sha11 be deemed to have been effected for the convenienceof the VILLAGE, and Ehe ENGINEERS sha11 be paid accordingly. IN WITNESS WHEREOF the VILLAGE has caused the execution of this Agreement to be made by its President and att,ested 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 settheir hand and seal as of the day and year first above written. VILLAGE OF BUFFALO GROVE, ILLINOIS ( SEAL ) By President ATTEST: "*.Ttt &^"!"^* age Clerk BAXTER & WOODMAN, INC. ENVI RONI.IENTAL ENGINEERS Ailtz A dL-./ z- /By a rma CE ATTEST: APPROVED [0V j ? tgBB ,4 SeEaetary, 5 Z 1-t^ ^rsYFrcr ENc,rti::R ( SEAL ) EXHIBIT A AVERAGE PAYROLL R,ATE Adml.n. & ltee t l-ng6 Fleld Surveys Prel. Eet. & De6iqar Draftlng P Flnal.s. & E Btd ReceivingPersonnel- Classlflcation Salary t Part. wgt.. Rate t Part- wgt . Rate c Part - wgt. Rate c Part - wgt . Rate t Part - wgt. Rate t Part- wgt Rate t Part. I.{gt. nate PrincipLe $27.00 13.50 ltn 5 .40 5 r .35 ztn 20 5,40 Sr. Engr.20.00 50 30 15 3.00 30 80 Englneer 1.6 . 50 20 3 .30 50 a .25 50 a.25 25 4.L2 Jr. Englneer 12 .50 50 6.25 20 2.50 25 3.13 Engr. Tech.11. 50 30 10 1.15 3.91 1.15 Draftsman 13.90 33 4.59 12. 00 33 3 .96 Average SaLary Rate 100 23.50 100 tF!,rtr ME :EEE aro ttE TI!Td IERE 100 17.t0 I00 2L.40 rE IIIE I EIIr IIrI III II IIIE IIIIIIII EE IIIIIIII ITIIII EEE ( ( ( Evaluatlon 50 IO 10.00 6. 00 6.00 16.00 3 .45 34 10 Draftsman EXHIBIT B COST ESTII{ATE OF CONST'LTANT SERVICES I tem Administration and Ueetings Field Surveys Hour6 Payroll Frlnge Beneflts Overhead Su.btotal Profit Direct Cost Total Cost t 25 $ s8B $ 312 $ 77o $ r,67 o $ 126 $ zo*$ r.,866 9.r 95 L.215 655 I ,618 3,508 r00r 3,979 19. 5 Evaluation 25 491 643 L.394 L47 20*r,56r 7.7 Prelimlnary E6ti- mate and Design 75 L,2L9 646 3 ,462 366 3,500rr 7 ,32A 35.9 Drafting 685 a97 1,945 206 10.5 Final plans, Speclfications and Estixate 40 684 362 896 L,942 205 20*2,L67 r0 .6 Bld Receiving 20 227 s61 r, 216 l-28 20.1, 364 6.7 Totals 335 $s, 330 $2,825 $6,982 $ls,137 $1, see $3,680 $20,4t 6 l.00 .0 ( ( rVehicle Expense*Pavement Borlnga and IBR' s 37I 260 L ,597 55 363 2, r5r 424 EXHIBIT C HOURLY RATE RANGE - ENGINEER' S RBGULAR SCATE Classification Principal Engineer Senior Engineer Engineer Junior Engineer D raftsnan/Technic i an Clerical From $23.20 18.50 15.30 12.50 7. 80 7 .20 To $34.80 22 .90 18.20 15.80 17.00 1s.30 EXEIBIT D PAYROLL BURDEN AND INDIRECT COST AS PERCENTAGE RATE OF DIRECT SALARY Er inge Benefits & Pay ro 1l Burden Ove r hea d and Indi rect CostsAccount Description TOTAL S Officer cornpensat ion salaries Repai rs Rent s Taxes Interest Cont ributions Depreciation Advertising Retirenent plan Employee benefit prog rams Dues and s ubsc r ipt, i onsUtilities ( electric, etc. )Freight and express Insurance Legal and account ing Mi sce 1I aneou s SuppI ies Postage TraveI Consulting Testing Pr int ing uiscellaneous se r vices Meetings and convent ions 2.87 t 0.21 47.3L 40.53 0.26 0.54 1.1s Use 11.34 29.0I s3.43 53t 6.58 1.04 2.49 0.37 7.78 0.77 2.10 4.72 0.43 2 .09 3.59 7 .62 0.12 0.15 1.17 130. 91 131r EXHIBIT E PROJECT DESCRIPTI ON Providence Lane Providence court Saybrook Lane Bedford Court Frenont Way Heritage D rive Burgess Ci rcle NevJport. Court Cul-de-sac south of Frenont way to Frenont Way on east Providence Lane to cul-de-sac CuL-de-sac south to Fremont way toProvidence Lane Providence Lane to cul-de-sac 100'+ west of Providence Lane to 300'+ nortE of Providence Lane Frernont Way to Arlington Heights Road Heritage Drive to Eeritage Drive Fremont way to cul-de-sac ( i-l \ o ,,.., (, ,g t36 2\a\-9 &,\q &*. a- q' '-."