1990-19W 9
RESOLUTION 90- 19
A RESOLUTION APPROVING AN AGREEMENT FOR DESIGN
ENGINEERING SERVICES FOR THE 1991 . 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 1991
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 90- 00050 -00 -FP Engineering Design
Services Agreement." A copy of said contract is attached thereto
and made a part thereof.
AYES: 5 - Marienthal, Reid, Shifrin, Mathias, Kahn
NAYES: 0 - None
ABSENT: 1 - O'Malle
PASSED: June 4 , 1990
APPROVED: June 4 , 1990
APPROVED:
Village President
ATTEST:
1 ► 1
Vill Clerk
VILLAGE OF BUFFALO GROVE
STREET IMPROVEMENTS SECTION 90- 00050 -00 -FP
ENGINEERING DESIGN SERVICES AGREEMENT
THIS AGREEMENT is made as of the day of �2� ,
1990, by and between the Village of Buffa o Grove, I linois, herein-
after referred to as the VILLAGE, and Baxter & Woodman, Inc.,
Environmental Engineers, an Illinois Business Corporation, herein-
after referred to as the ENGINEERS, for engineering services in con-
nection with the 1991 Street Restoration and Resurfacing Program,
designated as Section 90- 00050- 00 -FP, 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 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 DEPARTMENT.
1.3 Review and analyze traffic studies and counts to be
furnished by the VILLAGE for those streets requiring a structural
pavement design.
1.4 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.
1.5 Attend conferences to be held at the request of the
VILLAGE for review and evaluation of proposed improvements.
1.6 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. .
- 1 -
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 $3,266.00 for profit only.
3.2 Reimbursement for all costs related to the direct salar-
ies of employees for time chargeable to the PROJECT necessary to ful-
fill 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 reim-
bursed 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 $37,181.00 unless there is a sub-
stantial 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:
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 December, 1990, or until such time as terminated under Sub-
section 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.
2 -
0 0
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 1990 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.
4.9 The ENGINEERS agree that services stipulated in Subsec-
tion 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 work -
ing 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 liabil-
ity, or in its discretion to deduct from the Agreement price or con-
sideration, or otherwise recover, the full amount of such fee,
commission, percentage brokerage fee, gift, or contingent fee.
3 -
• 0
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 sub-
mitted by the ENGINEERS, or any other 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 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 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
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-discrimina-
tion clause. The ENGINEERS will in all solicitations or advertise-
ments for employees placed by or on behalf of the ENGINEERS, state
that all qualified applicants will receive consideration for employ-
ment 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 -
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 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 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 shall be paid
for services performed to the effective date of termination, includ-
ing 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 termi-
nation as extra compensation for the ENGINEERS' rescheduling adjust-
ments, 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 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
33E -3 and 33E -4 of the Criminal Code of 1961 (Chapter 38 of the
Illinois Revised Statutes).
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.
(SEAL)
ATTEST: .
l . a►�
C-Xillage Clerk
(SEAL)
ATTEST:
Secretary
VILLAGE OF FFALO GROVE, ILLINOIS
By
President
BAXTER & WOODMAN, INC.
ENVIRONMENTAL ENGINEERS.
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EXHIBIT C
HOURLY RATE RANGE - ENGINEER'S REGULAR SCALE
Classification
From
To
Principal Engineer
$26.00
$38.00
Senior Engineer
20.00
26.00
Engineer
16.00
20.00
Junior Engineer
12.00
16.00
Drafter /Technician
8.00
17.00
Clerical
6.00
11.00
0446C
• o -
EXHIBIT D
PAYROLL BURDEN AND INDIRECT COST
AS PERCENTAGE RATE OF DIRECT SALARY
Fringe Benefits Overhead and
and Payroll Indirect
Burden Costs
Officer compensation
3.37 47.68
Salaries
11.30 52.54
Repairs
0.29
Rents
0.57
Taxes
11.88 1.28
Interest
Contributions
Depreciation
6.36
Advertising
Retirement plan
30.96
Employee benefit programs
7.08
Dues and subscriptions
0.98
Utilities (electric, etc.)
2.50
Freight and express
0.20
Insurance
6.42
Legal and accounting
1.14
Miscellaneous
1.32
Supplies
4.05
Postage
0.46
Travel
1.74
Consulting
2.31
Testing
Printing
Miscellaneous services
1.98
Meetings and conventions
1.27
TOTALS
56.84 140.17
Use 57% 140%
0446C
EXHIBIT E
PROJECT DESCRIPTION
Church Road Raupp Boulevard to approximately 1,500
feet northeast
Devlin Road Route 83 to Devonshire Road
Devonshire Road Devlin Road complete loop to Devlin Road
Dayton Road Devonshire Road (S) to Devonshire Road (N)
Dayton Court Dayton Road to cul -de -sac
Dannet Road Devonshire Road to Dayton Road
Dannet Court Dannet Road to cul -de -sac
Chaucer Way Thompson Boulevard to Brandywyn Lane
Kent Lane Chaucer Way to Thompson Boulevard
0446C
ILLINOIS STATE TAX PAYMENT CERTIFICATION
TO: VILLAGE OF BUFFALO GROVE
PROJECT: 1991 STREET IMPROVEMENTS
FROM: BAXTER & WOODMAN, INC.
In accordance with Section 11- 42.1 -1 of Chapter 24, Illinois
Revised Statutes, Baxter & Woodman, Inc. does hereby swear and
affirm that: (1) it is not delinquent in the payment of any tax
administered by the Illinois Department of Revenue or (2) is con-
testing in accordance with the procedures established by the
appropriate revenue Act, its liability for the tax or the amount
of the tax. The undersigned further 'understands that making a
false statement herein: (1) is a Class A Misdemeanor and (2)
voids the contract and allows the Village to recover all amounts
paid to it under the contract.
BAXTER WOODMAN, I
By:
Chairman ief Executive Officer
Subscribed and Sworn to
before me this�gyll day
of , 1990
-, A
Notary
@SW
L. RANDALL VNOODMAN
"0Wr PUW8"*d M" N,
My ii011M1i8Wm 44044
9777A