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1989-08-07 - Resolution 1989-38 - APPROVING AN AGREEMENT FOR DESIGN ENGINEERING SERVICES FOR THE 1990 VILLAGEWIDE CONTRACTUAL STREET MAINTENANCE PROJECTRESoLUTIoN N0. 89- 30 A RESOLUTION APPROVING AN AGREEMENT FOR DESIGN ENGINEERING SERVICES FOR THE 1990 VILLAGEWIDE CONTRACTUAL STREET MAINTENANCE PROJECT WITEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF TEE VILLAGE OF BUFFAIo GRoVE deslre to cause the lEplenentatlon of the 1990 Vlllagewlde ContractuaL Street Malntenance Project; and, h'HEREAS, the approval of agreement with a consultlng englneer Ls requlred ln order to proceed lrlth the necessary englneering of the proJect. NOI{, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Vlllage of Buffalo Grove' Lake and Cook Counties, I1llnois, that the Presldent and Clerk be, and they are hereby authorlzed and dlrected to execute the rrvlllage of Buffalo Crove Street Improvements, Sectloo 88-00048-00-FP Englneering Servlces Agreenent.rr A copy of sald contract ls attached thereto and made a part thereof. 5 - Meripnlhal - Clover. Reid.hif1.in-Mrthire O - None AYES : NAYES : ASSENT: PASSED: 1- o I Ma1ley August 7 19 89 ,1989APPRoVED: Ausust 7 A?PROVED ViIlage Pres ldent ATTEST : Tn &".L;,.- -.-> v11 Clerk VILLAGE OF STREET II,IPROVEMENTS ENGINEERING DES IGN BUFFALO GROVE sEcTroN 89-00048-00-FP SERVICES AGREEMENT THrS AGREEMENT is made as of the / d,ay of , , 1989, by and betvreen the village of Buffalo Grove, I1 TffiolE lere- inafter referred Eo as the VILLAGE, and Baxter & woodman, Inc., Environmental Engineers, an Illinois Business CorPoration, herein- after referred to as the ENGINEERS, for engineering services in connection wiEh the 1990 Street RestoraEion and Resurfacing Program, designat.ed as sect.ion 89-00048-00-FP, hereinafEer refer- red to as the PROJECT. Motor Fuel Tax funds. alloEEed to the VILLAGE by the State of IIIinois under the general supervision of the stat.e Department. of TransporEaEion, hereinafter referred to as the DEPARTMENT, will be used enEirely or in part to finance engineering services as described below. wITNESSETH thaE in consideration of the muEual covenants herein, these parties agree as f oIlo!,rs: SECTION 1. The ENGINEERS shall Performthe performance of the following engineering PROJECT: or be responsible for services for t.he I.I Make f ield surveysp1ans. Streets to be included Exhibit E of this AgreemenE. necessary for t.he Preparation of in the Program are described in 1.2 !{ake or cause to be nade subsurface investigations and analyses thereof required for the design of the Proposed PROJECT in accordance vriEh the current requirements of the DIVISIoN oF HIGHWAYS. 1.3 Review and analyze t.raf f ic studies and counts to be furnished by the vILLAGE for those streets requiring a struct,ural pavement design. 1.4 Prepare plans, special Provisions, and estimates of cost. Five (5) copies of the p1ans, special provisions, pro- posals, and estimaEe of cost shall be furnished to the VILLAGE. Additional copies of any or all document.s, if required, sha11 be furnished to the VTLLAGE by the ENGINEERS aE their actual cost for reproduction. I.5 Attend conferences to be held at Ehe request of the VILLAGE for review and evaluation of proposed improvenents. 1.6 Provide documents for bidding and assist the VILLAGEin receiving and evaluating bids, make recommendation to the VILLAGE for an award of a contracE and prepare final contract documents for approval by the VILLAGE and t.he DEPARTUENT. ,f \ ,,l{-/ SECTION 2. The VILLAGE agrees to apPoint a Project Hanager rrho shal1 be in responsible charge and direct control of the project at all times. The Project. Manager v,iLl make available to the ENGINEERS a1l available reports, maps, traffic counts. and data pertaining to the proposed inprovements. SECTION 3. The VILLAGE shall compensate the ENGINEERS for the professional services enumerated in section t hereof as follows: 3.1 A lump sum of $2,22I.00 for profit on1y. iesfill bursed 3.3 Reimbursement for overhead and/or indirect cosEs 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. 3.2 ReimbursemenE for all costs relat,ed to the direct of enployees for time chargeable to the PRoJECT necessary Ehe terns of this Agreement. Travel and other out-of-pocket expenses wilI be reim- the ENGINEERS at their actual cost. shal1 be days f rom salar- t.o ful- and payable wi Eh in date of the 3.5 to 3.6 The maximum amount of the toEal 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 $28,614.00 unless there is a substantial change in the scope, complexity, or character of the work. 3.7 The ENGINEERS nay submit monthly statements for payment of services as the PRoJECT progresses. 3.8 Payments to the ENGINEERSforty-five (45) consecut,ive calendar ENGINEERS. inVoice to IhE VILLAGE. due the SECTION 4. The parties hereto further mutually agree: 4.1 The ENGINEERS shall proceed with the services under this Agreement prompEly after receiving t.he DEPARTMENTTs approval and the VILLAGET s authorization to proceed. This Agreement, will be in effect through December, J.989, or until such time as EerninaEed under Sub- section 4 .16 hereof. 4.2 A1I reporEs, p1ans, plats, and special provisions to furnished by the ENGINEERS pursuant to this Agreement will be in accordance with the current standard specifications and policies t.he DEPARTMENT, it being undersEood that all such reports, plats, plans and drafts, shaII before being finally accepted, be subject approval by Ehe VILLAGE and said DEPARTI,IENT. be of to 2 4.3 and othe r AgreemenE D EPARTMENTtheir use. The basic survey notes and sketches, charts, computations data prepared or obt.ained by the ENGINEERS Pursuant to thls will be made available, upon request, to Ehe VILLAGE or the without cost and without. restriction or limitations as to 4.4 All plans and other docunents furnished by the BNGINEERS pursuanE to this Agreement will be endorsed by then 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 lisE of the personnel and the equipment they propose to use in fulfilling the reguirement.s of this Agreenent. 4.6 A schedule of the ENGTNEERS' regular hourly salary range for each classification of employee expected to be producEively engaged in work necessary to fulfill the terms of this Agreement. is shown on ExhibiE c of this Agreement. This schedule is for calendar year 1989 and may be revised annually as necessary to Provide for increases in employee wages. 4.7 Overhead and indirect cost,s shown on ExhibiE D of this Agreenent, as a percent of direct payroll cost, are the ENGINEERST aitual overhead lnd indirect costs based on the ENGINEERST records for the past one year prior to the effective date of this Agreenent. 4.8 Payrotl burden and fringe benefit costs shown on Exhibit D of Ehis Agreement as a percenE of direct Payroll cost are the ENGINEERS' actual payroll and fringe benefits cost based on the ENGINEBRS' records for t,he past one year prior to the effective date of this Agreement. 4.9 The BNGINEERS agree that services stiPulated in Subsec- Eion 1.2 of Ehis Agreement, if required and mutually agreed to by the VILLAGE and the ENGINEERS, sha1l be paid for at the actual cost to the ENGINEERS, to be verified by copies of invoices from the Party doing the vrork, subject to section 3.6 above. 4.10 The ENGINEERS warranE that they have not employed or retained any company or person, other t,han a bona fide employee work- ing solely for the ENGINEERS, to solicit or secure this Agreenent, and that they have not paid or agreed to pay any comPany or Person, oEher than a bona fide employee working solely for the ENGINEERS, any fee, commission, percentage, brokerage fee, 9ifts, or any other con- sideration, contingent uPon or resulting from the ar,rard or making of this Agreement. For breach or violation of this warranty, the vIL- r,AGE shall have the right to annul this Agreement without liability, or in its discreEion to deducE from the Agreernent Price or considera- tion, or otherwise recover, the fu11 amount of such fee, commission, percentage brokerage fee, gift, or contingenE fee. 3 4.11 The ENGINEERS represenE thaE they have, or will secureat, their o$/n expense, all personnel required in performing Eheservices under this Agreement. Such personnel shall not be employeesof or have any conEractual relationship wit.h the VILLAGE. Al1 of theservices required hereunder sha11 be performed by the ENGINEERS orunder t.heir supervision, and all personnel engaged in t.he work shalIbe qualified and auEhorized under St.ate and local law to perform suchservices, 4.L2 The ENGINEERS shal1 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 VILLAGE in supplying information or in approving documents sub-mitted by the ENGINEERS, or any ot.her ot.her cause beyond theirreasonable conErol 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 Ehe scope of Ehe 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 uponby and between t.he VILLAGE and t.he ENCINEERS, shall be incorporatedin lrritten amendments to this AgreemenE. 4.14 The ENGINEERS lrill not discriminate against any employeeor applicant for employment because of race, color, religion, sex, ornational origin. The ENGINEERS shall take affirmaEive action toensure t.hat. applicants are empJ.oyed and that employees are treatedduring employment vrithout. regard to their race, coIor, religion, sex,or national origin. Such actions sha11 include, but not be limitedEo, the following: employment, upgrading, demoEions, or transfers,recruitment or recruitment. adverEising, Layoffs or terminations;rat.es of pay or oEher forms of compensation; selection for trainingincluding apprenticeship; and parEicipation in recreaEional andeducat.ional activities. The ENGINEERS agree Eo post, in conspicuousplaces available t.o employees and applicants for employment, noticesto be provided seEEing forth the provisions of this non-discrimina-tion clause. The ENGINEERS will in all solicitations or advertise-ments for employees placed by or on behal.f of the ENGINEERS, statet.hat. al.1 qual j.f ied applicants will receive considerat.ion for employ-ment without regard to race, co1or, religion sex or national origin.The ENGINEERS will cause the foregoing provisions to be inserted inall subcontracts for any work covered by this Agreement so that suchprovisions will be binding upon each subcontracEor provided that theforegoing provisions shalL not apply to contracts or subcontracts forsEandard commercial supplies or raw materials. 4.15 If the ENGINEERS are of the opinion that any work theyhave been directed t.o perform is beyond the scope oi tt"'Agieementand constitutes extra. work, they shatl promptly notify the VTLLAGE ofthat_ fact. in writing before proceeding. No extra wor-k shall beeligibre for payment unless it is authorized in wriiing in-iavance uythe vTLLAGE. rn the event. t.he vTLLAGE deLermines t.hat such work doesconst.itute extra $/ork, it shall provide extra compensation to theENGINEERS upon a fair and equitable basis. -4- . 4.L6 This Agreement. nay be terminated, in whole or in part,in writ.ing by either party if either of the other parties subslan-EiaIIy fails t.o fulfill its obligations under this AgreemenE throughno fault of the Eerminat.ing parEy, or Ehe VILLAGE may t.erminate thisAgreement, in whole or in part, in writing, for its convenience.However, no such terrnination may be effected unless the terminatingparty gives t.he ot,her party (1) not less than ten (10) calendar daysvrritten notice (delivered by cert.if ied maiI, return receipE request-ed) of int.ent to terminate, and (2) an opport.uniEy for a lneeting withthe terminating party before terminat.ion. If thia Agreement ist,erminat,ed by the vILLAGE for default, the ENGINEERS shal1 be paidfor services performed to the ef f ect.ive date of termination, includ-ing reimbursable expenses. If this Agreement is t.erminated by eitherthe ENGINEERS for defaulE or by the VILLAGE for convenience, Ehe ENGINEERS shalI be paid for services performed to the effective dateof termination, including reimbursable expenses plus five percenE(5t) of the t.ota1 compensat.ion earned to the effective date oftermination as ext.ra compensation for the ENGINEERS' reschedulingadjustments, reassignment of personnel, and relat.ed costs incurreddue to termination, If, after termination by the VILLAGE for failureof Ehe ENGINEERS to fulfiII contract.ual obligations under this Agree-ment, it is deEermined that the ENGINEERS had not so failed, theterminati.on shaIl be deemed to have been effecEed for the convenienceof Che VILLAGE, and the ENGINEERS shall be paid accordingly. 4.L7 The ENGINEERS certify thatfrom signing this Agreement as a result 33E-3 and 33E-4 of the Crimi.na1 Code ofI11i no i s Revised StaEutes ). Ehey have not been barredof a viol-ation of Sections196I (Chapter 38 of the IN WITNESS WHEREOF the VILLAGE has caused the execution ofAgreement to be made by its president and aEtest,ed by its Clerkpursuant Co a resolution passed by the Board of Trustees, whichresolution is considered to be part of Ehis Agreement the samet.hough it were wr j.tten herein, and the ENGINEERS have hereuntot.heir hand and seal as of the day and year first above written. VILLAGE OF BUFFALO GROVE, I LLINOIS this as set ( SEAL ) ATTEST: ( SEAL ) ATTEST: T\1- &.."!,."^ Iage C er N, INC. NG I NEERS,ltwi: By BAXTER & WOOD ENVIRON14ENTAL By resl entP ( I.IA E 5 0362c S ecret.ary alrman CEO EXHIBIT A AVERAGE PAYROLL R,ATE Adrnin. & Meetings FieId Surveys Evaluation Prel. Est. & Deslgn FinaI Draftlng P.S. & E. Bid Receiving Personnel t Wgt. t Wgt. t Vlgt. B Wgt. t Wgt. t Wgt t l.tqt. Classiflcation Salary Part. Rate Part. Rate Part. Rate Part. Rate Part. Rate Part. Rate Part. Rate Prlnclpal Sr. Engineer Englneer Jr, Engineer Englneer Tech. DraftEman $28.50 s0 14.25 21.50 50 r0 .75 17.50 13.50 12.00 14 .50 12.50 20 5.70 30 6.45 50 a,75 5 1.43 3 -22 a.75 2.70 1.20 r0 2.a5 20 5.70 30 6.45 B0 L7.20 20 3 .50 50 6.7s 30 3.60 I5 50 20 l0 25 4.37 25 3.38 34 4.08 10 1.20 33 4.79 )or"aa"."rt 33 4.13 Average Salary Rate 100 25.00 100 13.85 100 20.90 100 17.30 100 13.00 100 18.25 I00 22.90 EXHIBIT B COST ESTIMATE OF CONSULTANT SERVICES I tem Adminlstratlon and Meetings t'ie!.d surveys Evaluatlon Prellminary Esti- mate and Design Draftlng Final Plans. Specificatlons and Estimate Hours PayrolI Fringe Benefits Overhead Subtotal Profit Dl"rect Cost Total $ lr. * 2,446 I50r 5,948 30r 2,049 467 4,5 00 *r 9, 5r3 4,186390 Cost t ) ),, 30 r30 30 $ 7s0 1,80I 627 r.557 r,300 9L2 425 $7,40s $ 4r3 990 345 856 715 502 252 $4,073 $r, o2s 2 .467 859 2.t31 1, 781 1,250 627 $ro ,14s $ 2,191 5 ,25A 1,83I 4,546 3,796 2.664 L,337 $2 r,62 3 * 22s 540 1aa 274 137 $2 ,22L 30r 30r i4 ,77 0 2 ,96A 1,504 $28,614 8.5 20 .a 7.2 33.2 14 .6 I0 .4 5.3 100 .0 90 100 50 d Receivl-ng 20 TotaIs 450 rvehicle Expense r*Pavement Borings and IBRrs EXHIBIT C HOURLY RATE RANGE - ENGINEERIS REGULAR SCALE Classification Pr incipal Engineer Seni.or Eng i nee r Engineer Junior Eng i neer Draftsman/Technician clerical F rom To $3 s. oo 24.00 19.00 I6.00 16.00 11.00 $z5. oo r9.00 16.00 12.00 8.00 s.00 EXHIBIT D PAYROLL BURDEN AND INDIRECT COST ASPERCjNMY Fringe Benef i E s and Payrol I Burden Overhead andIndirect Cost.s Officer compensat ion Salaries Repairs Rents Taxes Interest. conEributions Depreciat ion Advertising RetiremenC plan employee benefit programs Dues and subscr ipE ionsUtilities ( electric, etc. )Freight and express Insurance LegaI and account ing Mi scellaneous Suppl ies Postage Travel Consult ing TesEing PrinEing Miscellaneous services Meet ings and convent. ions TOTAL S 3.37 t0 .47 51.6r .10 .13 .57 .98r1 .33 29 .68 54.85 55t 46 0 0 0 6.54 6.72 0.94 2.37 0 .24 7 .01 r.46 3.00 3.68 0.39 1.44 2.52 0.27 0.93 Use 136.96 13 7t EXHIBIT E PROJECT DESCRIPTION White Pine Road Blmwood Drive Red oak court Hawthorne Road Evergreen PIace Sycanore Road Thornwood Road 350+ feeE north of Eapsfield Lane t.o Bern-ard Dr ive . WhiEe Pine Road to Bernard Drive. Blmwood Drive t.o cu1-de-sac. white Pine Road to approximately 150 feeE east of Thornwood Road. Vlhite Pine Road to Thornvrood Road. white Pine Road to approxinately 150 feet east of Thornwood Road. sycamore Road to Hawthorne Road. ) 264u0 tgeg IOr S