1995-40RESOLUTION NO. 95 -40
A RESOLUTION APPROVING AN AGREEMENT FOR
DESIGN ENGINEERING SERVICES FOR THE 1996
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 1996 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 95- 00070 -00 -FP Engineering Services Agreement." A copy of said
contract is attached thereto and made a part thereof.
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
ABSENT: 0 - None
PASSED: May 15 , 1995
APPROVED: May 15 , 1995
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ATTEST:
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Village Clerk
ORD89:VWCSMPR
VILLAGE OF BUFFALO GROVE
STREET IMPROVEMENTS SECTION 95- 00070 -00 -FP
ENGINEERING DESIGN SERVICES AGREEMENT
THIS AGREEMENT is made as of the � day of d� U ,
1995, by and between the Village of Buffalo Grove, Illinois, herein-
after referred to as the VILLAGE, and Baxter & Woodman, Inc.,
Consulting Engineers, an Illinois Business Corporation, herein- after
referred to as the ENGINEERS, for engineering services in con- nection
with the 1996 Street Restoration and Resurfacing Program, designated
as Section 95- 00070- 00 -FP, Engineer's Project No. 950120, 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.
SECTION 2. The VILLAGE agrees to appoint a Project Manager who
shall be in responsible charge and direct control of the project at
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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 l hereof as follows:
3.1 A lump sum of $8,710 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 $80,550 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 January, 1996, 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.
4.3 The basic survey notes and sketches, charts, computations
and other data prepared or obtained by the ENGINEERS pursuant to this
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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 1995 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 Sub-
section 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 Agree-
ment, 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
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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.
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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 ocher 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 termi- nation, 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 (5g) 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 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
Stag.': es) .
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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.
VILLAGE OF BUFFALO GROVE, ILLINOIS BAXTER & WOODMAN INC.
By By
.-
(SEAL)
ATTEST:
Village,Clerk
950120
6 =
ATTEST:
(SEAL)
Secretary
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EXHIBIT C
HOURLY RATE RANGE - ENGINEER'S REGULAR SCALE 1995
Classification
From
To
Principal Engineer
$36.00
$46.00
Senior Engineer
29.00
38.00
Engineer /Senior Drafter
18.00
32.00
Junior Engineer /Drafter
14.00
22.00
Engineer /Technician
18.00
26.00
Clerical
10.00
18.00
EXHIBIT D
PAYROLL BURDEN AND INDIRECT COST
AS PERCENTAGE RATE OF DIRECT SALARY
Fringe Benefits Overhead and
and Payroll Indirect
Burden Costs
Officer compensation
2.00
23.50
Salaries
12.01
43.50
Repairs
1.71
Rents
1.23
Taxes
12.00
1.40
Interest
Contributions
Depreciation
5.40
Advertising
Retirement Plan
8.64
6.91
Employee benefit programs
6.41
Dues and subscriptions
0.84
Utilities (electric, etc.)
2.69
Freight and express
0.30
Insurance
7.04
Legal and accounting
2.22
Miscellaneous
1.34
Supplies
4.12
Postage
0.54
Travel
0.73
Consulting
0.00
Testing
Printing
Miscellaneous services
Meetings and conventions
TOTALS
IDOT Approved Rates
34.65
35%
1.90
1.10
112.88
113%
Old Checker Road
Thompson Boulevard
Arlington Heights Road
Linden Avenue
Kingsbridge Way
Knollwood Drive
Oxford Drive
Logsdon Lane
Larchmont Drive
Highland Grove Drive
Horatio Boulevard
Newton Drive
EXHIBIT E,
PROJECT DESCRIPTION
Checker Drive to Buffalo Grove Road
Brandywyn Lane to Buffalo Grove Road
IL. Route 83 to Thompson Boulevard
IL. Route 21 to Chevy Chase Drive
Thompson Boulevard to Brandywyn Lane
Thompson Boulevard to Oxford Drive
Knollwood Drive to Knollwood Drive
Thompson Boulevard to Thompson Boulevard
Thompson Boulevard to Thompson Boulevard
Pauline Avenue to Fabish Drive
Armstrong Drive to Pauline Avenue
Highland Grove Drive to Weiland Road