1999-31a r
RESOLUTION NO. 99- 31
A RESOLUTION APPROVING AN AGREEMENT FOR
DESIGN ENGINEERING SERVICES FOR THE 2000
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 2000 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 99- 00076- 00 -FP,
Engineering Services Agreement." A copy of said contract is attached thereto and
made a part thereof.
AYES:
NAYES:
ABSENT:
PASSED:
APPROVED
ATTEST:
5 - Reid, Braiman, Hendricks, Glvoer, Berman
1 - M
May
Mav 1
Vill _ Clerk
G:\ENG1NEER\0RD\RES993.D0C
1999
W51111
APPROVED:
Village President
o •
VILLAGE OF BUFFALO GROVE
STREET IMPROVEMENTS SECTION 99- 00078 -00 -RS
ENGINEERING DESIGN SERVICES
AGREEMENT
THIS AGREEMENT is made as of the day of , 1999, 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 2000 Street
Restoration and Resurfacing Program, designated as Section 99- 00078- 00 -RS, Engineer's
Project No. 990328, 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 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.
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B A X T E R
WOODMAN
Consulting Engineers
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 $6,832 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
$62,900 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.
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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, 2000 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 1999 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.
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B A X T E R
WOODMAN
Consulting Engineers
e •
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
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
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B A X T E R
wa'�Cm
WOODMAN
Consulting Engineers
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
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).
11PE
B A X T E R
WOODMAN
Consulting Engineers
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 parry, 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
(2) General Liability
Per Claim: $1,000,000
Aggregate: $2,000,000
(3) Automobile Liability
Combined Single Limit: $1,000,000
(4) Excess Umbrella Liability
Per Claim and Aggregate: $4,000,000
Q
B A X T E R
WOODMAN
Consulting Engineers
(5) Professional Liability
Per Claim and Aggregate: $1,000,00052,000,000
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 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's sole
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B A X T E R
WOODMAN
Consulting Engineers
•
responsibility for such media is to furnish replacements of defective disks within 30 days
after initial delivery.
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.
BAXTER & WOODMAN, INC.
LI-A
President/CEO
(SEAL)
ATTEST:
Secretary
Attachments
H:\PROJ\BFGVV\990328\ENGSERV.doc
JVA:mk 5/12/99
VILLAGE OF BUFFALO GROVE,
ILLINOIS
By
President
ATTEST:
ma
(SEAL)
Village Clerk
B A X T E R
wa'�Cm
WOODMAN
Consulting Engineers
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EXHIBIT C
BAXTER & WOODMAN, INC.
1999 SCHEDULE OF HOURLY WAGE RATES
HAPROAUGM99032MEXHIBIT C.doc
B A X T E R
WOODMAN
Consulting Engineers
HOURLY WAGE
EMPLOYEE CLASSIFICATION
RATES
Principals
$44 to $50
Senior Engineers
$33 to $44
Construction Managers
$34 to $43
Engineers
$20 to $33
Staff Engineers
$16 to $22
Designers
$25 to $36
Senior CADD Operators
$23 to $24
CADD Operators
$17 to $22
Senior Field Engineers
$26 to $32
Field Engineers
$17 to $28
Senior Surveyors /Technicians
$19 to $20
Surveyors /Technicians
$12 to $15
Secretaries
$11 to $22
HAPROAUGM99032MEXHIBIT C.doc
B A X T E R
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
0.37
Salaries
0.55
Repairs
0.01
Rents
0.02
Taxes
0.14
Interest
0.00
Contributions
0.00
Depreciation
0.07
Retirement Plan
0.16
Employee benefit programs
0.06
Dues and subscriptions
0.01
Utilities (electric, etc.)
0.03
Insurance
0.04
Legal and accounting
0.03
Miscellaneous
0.05
Supplies
0.04
Postage
0.01
Travel
0.02
Consulting
0.00
Testing
0.00
Promotion
0.00
Miscellaneous services
0.02
1.62
IDOT Approved Rates 1.50
HAPROMFGM990328EXHIBIT D.doc
B A X T E R
WOODMAN
Consulting Engineers
•
Street
Northgate Parkway
Johnson Drive
Fabish Drive
Whitebranch Court
Wellington Court North
Wellington Court South
Russellwood Court
Churchill Court
Clearview Court
Cobbler Lane
Sandhurst Drive
Dellmont Court
Longridge Court
Trotwood Court
Burgess Circle
Heritage Place
•
EXHIBIT E
PROJECT DESCRIPTION
Limits
Lake Cook Road to Johnson Drive
Northgate Parkway to Milwaukee Avenue
Highland Grove Drive to Busch Road
Fabish Drive to end
Fabish Drive to end
Fabish. Drive to end
Cobbler Lane to end
Cobbler Lane to end
Cobbler Lane to end
Fabish Drive to Weiland Road
Highland Grove Drive to Thompson Boulevard
Sandhurst Drive to end
Sandhurst Drive to end
Sandhurst Drive to end
Heritage Place to Heritage Place
Freemont Way to Arlington Heights Road
Chicory Lane
Osage Terrace to west end
Chicory Court
Osage Terrace to end
Osage Terrace
Armstrong Drive to end
Red Bud Place
Osage Terrace to Chicory Lane
Stonegate Road Timberhill Lane to Plum Grove Circle
Riverwalk Drive
Weidner Road
H: \PR0J\BFGVV\990328 \EXHIBIT Moe
Milwaukee Avenue to Lake -Cook Road
Lake -Cook Road to Private Road
BA X T E R
WU�cl
WOODMAN
Consulting Engineers