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2002-27RESOLUTION NO. 2002- 27 A RESOLUTION APPROVING AN AGREEMENT FOR DESIGN ENGINEERING SERVICES FOR THE 2003 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 2003 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 02- 00086- 00 -FP, Engineering Services Agreement ". A copy of said contract is attached thereto and made a part thereof. AYES: 5 - Braiman, Glover, Berman, Johnson, Trilling NAYES: 0 - None ABSENT: 1 - Kahn PASSED: June 3 ,2002 APPROVED: June 3 ,2002 APPROVED: Vi age President ATTEST: "l- a �, Villgqd Clerk G: \ENGINEER \0RD \RES01 -2.D0C VILLAGE OF BUFFALO GROVE 2003 STREET IMPROVEMENTS SECTION 02- 00086 -00 -FP ENGINEERING DESIGN SERVICES AGREEMENT THIS AGREEMENT is made as of the 5 1 day of , 2002, by and between the Village of Buffalo Grove, Illinois, hereinafter referred to as 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 2002 Street Restoration and Resurfacing Program, designated as Section 02- 00086- 00 -FP, Engineer's Project No. 020191, 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: 1.2 Utilize existing subdivision drawings or digital aerial photography supplied by the Village as base sheets for the preparation of drawings. 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 Consulting Engineers • ' ' 1 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 DEPARTMENT. 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 $8,047 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 $76,400 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. -2- B A X T E R WOODMAN Consulting Engineers SECTION 4. The parties hereto further mutually agree: 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 2003 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 2002 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 -3- B A X T E R WOODMAN Consulting Engineers 0 1 1 0 based on the ENGINEERS' records for the past one year prior to the effective date of this Agreement. 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 ENGINEERS, 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 that employees are treated B A X T E R WOODMAN ConsultingEnginmrs • • 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%) 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 that the ENGINEERS had not so failed, the termination shall be deemed to have -5- B A X T E R WOODMAN CmsultingEngineers 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: (1) Worker's Compensation: Statutory Limits M B A X T E R WOODMAN Consulting Engineers • (2) General Liability Per Claim: Aggregate: (3) Automobile Liability Combined Single Limit: (4) Excess Umbrella Liability Per Claim and Aggregate: (5) Professional Liability Per Claim and Aggregate: 0 $1,000,000 $2,000,000 $1,000,000 $4,000,000 $1,000,0002,000,000 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 ENGINEERS 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 investigation, 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 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 -7- B A X T E R K�,Cl- WOODMAN Consulting Engineers 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' sole responsibility for such media is to furnish replacements of defective disks within 30 days after initial delivery. IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officers as of the day and year first above written. BAXTER & WOODMAN, INC. VILLAGE OF BUFFALO GROVE, ILLINOIS By By Vice President President (SEAL) ATTEST: Secretary Attachments JVA:py 05/02/02 HAPR0ABFGW\020191\EngSvc.doc (SEAL) ATTEST: 6)-Y\ Village Clerk B A X T E R W—�Cl- 49, WOODMAN Consulting Engineers H W Fri a� az 1� �a O� W o U'o � N a i 0 0 ao 0 0 0 N O O 0 H W r i i rn w air, 'r W Q 'Mit . W H z 3 69� 64 64 i's 64 64 64 64 Q Cn F' H W N r in 00 P-4 6s �.s 6s 6013, s4 c5} es y�g U W E" s� o o 0 0 S 00 � o N a, cn N W Q �J �!i D , N �O a o� 64 64 6s 64 6s 6S. s U W4 H s s o s tn s O s o s 0 0 00 s C) H H o q 69 64 64 64 64 ds 6s 4 64 s�o O o 0 0 a, o 0 C!1 F" FQW, � M o 04 a 69 664 64 64 64 b4 b4 64 P' s� o 0 0 0 0 0 0 00 1-4 00 P.4 W �H 00 � 00 m C14 00 zH U` 64 64 65 64 544 64 64 664 H s s s s cq s N s o s 0 s 00 aQ H W C\ N `oo• cq A64 64 69 64 64 6s 64 64s N N O O a �v� HFW � � N F-1 6M4 64 H i 64 69' 64 6ri 64 W s s s s s O s O s 00 a o �Q 6q 6s M 6 4 N 6 4 4 6 4 6s 644 �cn U z Z Q W w� i rn w air, 'r W Q 'Mit F x w N °z dz L7 a O M W M � N a 0 O ac 0 0 0 0 z 0 F 000 O 64 W) u 00 M O 64 a O� WEE�+pU UQA per., W UUGQ,pa.,E -+ 0 0 W. ip, z W Q im t O 00 N N �o oo M O 00 U h O kn N O O ono G1 N �0 00 O N o o N N 64 64 64 6s 69 6s . ,--� h It kq 1 Oh M N M M .--i N h N N h d O 00 (x 64 b9 6s 6s 64 64 bs b4 64 ON cn r- m O 000 N r- Vq � \4: n r^ O M oo v1 of O v1 N � 6s 64 64 6s 1-4 69 64 69 6s &S U a VJ cn o 0 0 F U z U C4 A 00 6s ° 6s O Gds 000 6s ° 6s N 64 O 6s z 0 U W w Q w o H U r- OMO N 0 .�-i M N Ey W F a 64 M 64 h 64 r, 64 \.O 64 M b4 ^� 6R 6's 00 M 64 a O N O dam' O O W) kn � l Cam" Q M 6 ) N 6R d (f? h 64 d 64 N 69 is 64 N 6). Q+ CIO 0 00 000 \0p `00 X00 000 N 0 CD It N -.4 00 x � A O E-� O 48 000 O 64 W) u 00 M O 64 a O� WEE�+pU UQA per., W UUGQ,pa.,E -+ 0 0 W. ip, z W Q im t • EXHIBIT C BAXTER & WOODMAN, INC. 2002 HOURLY WAGE RATES Designers HOURLY EMPLOYEE CLASSIFICATION WAGE RATES Principals $49 to $57 Senior Engineers $35 to $51 Construction Managers $25 to $48 Engineers $21 to $39 Staff Engineers $22 to $26 Designers $28 to $40 CADD Operators $20 to $25 Senior Field Engineers $30 to $36 Field Engineers $24 to $30 Jr. Field Engineers $20 to $26 Senior Surveyors/Technicians $20 to $24 Surveyors /Technicians $11 to $24 Secretaries $11 to $24 Employee overhead and general overhead percentages are shown in the Agreement. Automobile travel expense is $0.38 /mile. Global Positioning System Survey Equipment Usage is $90/hour. All- Terrain Vehicle usage is $40/hour. Savannah Rain Logger usage is $10 /day. -11- B A X T E R K':ClO WOODMAN Consulting Engineers EXHIBIT D PAYROLL BURDEN AND INDIRECT COST AS PERCENTAGE RATE OF DIRECT SALARY % Fringe Benefits, Payroll Burden, Overhead and Indirect Costs Officer Compensation 0.30 Salaries 0.56 Repairs 0.01 Rents 0.02 Taxes 0.14 Interest 0.00 Contributions 0.00 Depreciation 0.07 Retirement Plan 0.18 Employee Benefit Programs 0.07 Dues and Subscriptions 0.01 Utilities (electric etc.) 0.05 Insurance 0.04 Legal and Accounting 0.03 Miscellaneous 0.07 Supplies 0.05 Postage 0.01 Travel 0.02 Consulting 0.00 Testing 0.00 Equipment Rental 0.00 Licenses and Fees 0.00 Promotion 0.00 Miscellaneous Services 0.00 IDOT Approved Rates 1.63 -12- B A X T E R 'l W O O D M A N Cm sultingF,ngineers 0 EXHIBIT E YEAR 2003 PROJECT DESCRIPTION 0 Street Limits Weidner Road Dundee Road to Beechwood Road Hapsfield Lane Weidner Road to pavement change White Pine Road Hapsfield Lane to Sycamore Road Stradford Circle Weidner Road to Weidner Road Beechwood Road Arlington Hts. Road to Estate Drive Beechwood Court West Beechwood Road to end Beechwood Court East Beechwood Road to end Patton Drive Chenault Road to Stillwell Drive Glendale Road Raupp Boulevard to Bernard Drive Frances Court Glendale Road to end Forest Place Bernard Drive to Navajo Trail Brucewood Drive Forest Place to north end Regent Drive Bernard Drive to Weidner Road Circle Drive Church Road to end Thompson Boulevard Highland Grove Drive to Weiland Road Jersey Court Thompson Boulevard to end Village Court Thompson Boulevard to end Quaker Hollow Court North Thompson Boulevard to end Quaker Hollow Court North Thompson Boulevard to end Winston Drive Thompson Boulevard to Madison Drive Madison Drive Thompson Boulevard to Stanton Drive Madison Court North Madison Drive to end Madison Court South Madison Drive to end Stanton Drive Thompson Boulevard to Margate Drive Stanton Court North Stanton Drive to end Stanton Court South Stanton Drive to end Newgate Court Stanton Drive to end Thistle Court Stanton Drive to end Margate Drive Thompson Boulevard to end -13- B A X T E R WOODMAN Consulting Engineers :T7)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: 02- 00086 -00 -FP Cook & Lake County Engineering Agreement July 9, 2002 Ms. Janet Sirabian Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Dear Ms. Sirabian: The agreement for engineering services dated June 3, 2002 between the Village of Buffalo Grove and Baxter & Woodman, Consulting Engineers, for engineering services to be performed in connection with the Village's motor fuel tax construction improvement designated as Section 02- 00086 -00 -FP was approved by this Department on July 9, 2002. The Village's file copy of the agreement is being returned herewith. If you have any questions please contact Mr. Pete Stresino at (847) 705 -4408. Very truly yours, John P. Kos, P.E. District Engineer e ;;1r, By: Nancy L. Magnus, P.E. Bureau Chief of Local Roads and Streets cc: Darrell McMurray w /encl. Baxter & Woodman w /encl. Richard Kuenkler w /encl. S:\Gen\Wp2\CS020709PS-Sirabianl.doe