HomeMy WebLinkAboutRESOLUTION - 21-94 - 4/26/1994 - AGREEMENT/CHRISTOPHER B. BURKE ENGIN.RESOLUTION NO. 21-94
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE
VILLAGE AND CHRISTOPHER B. BURKE ENGINEERING, LTD. TO PROVIDE
CONSTRUCTION SERVICES FOR THE VILLAGE DRAINAGE IMPROVEMENT
PROJECT - PHASE III
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and Du Page, State of
Illinois as follows:
Section 1: That the Village President be and is hereby authorized to
sign the attached documents marked:
CONSTRUCTION SERVICES AGREEMENT
VILLAGE DRAINAGE IMPROVEMENT PROJECT
PHASE - III
a copy of which is attached hereto and made a part hereof as if fully set
forth and the Village Clerk is authorized to attest said documents upon the
signature of the Village President.
Section 2: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED
this
26th
day
of
April
1994.
APPROVED
this
26th
day
of
April
1994.
Dennis J. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
'rrji��
kc)I,r
CHRISTOPHER B. BURKE ENGINEERING, LTD. v o'"1�, a
try r`Nr
9575 West Higgins Road Suite 600 Rosemont, Illinois 60018 TEL (708) 823-0500 FAX (708) 823-0520
February 16, 1994
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60007
Attention: Al Bofice and Mary Pye
Subject: Village of Elk Grove Village Drainage Improvements - Phase III
Proposal for Professional Engineering Services
Dear Al:
In accordance with our previous telephone conversations, we are pleased to provide
this Proposal for Professional Engineering Services related to construction of the
improvements known as Drainage Improvements - Phase III. The plans for these
improvements are those prepared by Christopher B. Burke Engineering, Ltd. (CBBEL)
which are based on stormwater studies performed by CBBEL. Included below is our
Understanding of the Assignment, Scope of Services and Estimate of Fee.
UNDERSTANDING OF THE ASSIGNMENT
The Village of Elk Grove Village requires contract administration, construction
inspection and material testing, with quantity and project documentation. They wish
to contract these services to CBBEL. We understand that the Village requires these
services full time, for the duration of the construction project. The Village will act as
Resident Engineer on the project, with CBBEL performing those duties specifically
delegated to them. We understand that those duties will include, as a minimum,
those listed above.
The contractor is responsible in this contract for all construction layout, and we have
not included providing survey for construction layout within the scope, however, we
have included verification of existing conditions as a task to be completed prior to the
start of construction.
115 West Washington Suite 1368 South Indianapolis, Indiana 46204 TEL (317) 266-8000 FAX (317) 632-3306
130 West Main Street Suite 12 Fort Wayne, Ir?diana 46802 TEL (219) 422-9395 FAX (219) 422-3159
SCOPE OF SERVICES
We have broken down the services to be provided into a series of tasks. Those
tasks are listed below.
Task 1 - Verify Existing Conditions: The information required for construction of the
David Lane relief sewer was compiled from "as -built" and engineering plans for
improvement of the streets involved. In order to establish a positive record of the
streets as they existed prior to construction, the centerline, edge of pavement, top of
curb, and flow line will be surveyed at 50' intervals and at all PC's, PT's, and
driveways. In addition, existing drainage structure locations, rim elevations and
inverts will be surveyed.
Task 2 - Design Plan Revision: This task is for final design plan revisions related to
[DOT permitting and changes in design scope. This task is billable upon execution
of the contract for work already completed.
Task 3 - Construction Inspection: This task includes providing a full time construction
inspector, who is a qualified engineer, for the duration of the construction contract.
We understand that the inspector assigned is to be present on-site during the
contractor's scheduled working hours. Inspection includes verification of compliance
with contract documents, quantity verification and documentation in a format
acceptable to the Village, interpretation of engineering plans and contract
administration as delegated to CBBEL by the Village.
Task 4 - Engineering Administration and Review: This task includes on-site
consultation and attendance at meetings, with administration of the engineering
contract, by senior CBBEL personnel.
Task 5 - Material Testing: This task includes obtaining the services of a firm
specializing in inspection and testing for verification of compliance with contract
documents. We propose to use as a subconsultant Testing Service Corporation
(TSC), and our estimate of fee includes a budget amount for their services.
ESTIMATE OF FEE
Our estimate of fee is based on our assumptions and experience with similar projects
regarding the number of hours required for each task. We understand that these
services may be required more or less than what was estimated, and that we are
entitled to payment only for the services actually provided. We will not exceed the
estimate of total fee without your prior authorization. Our estimate of fee for each
task is as follows:
2
Task 1 - 2 1/2 crew/days @ $800/day = $ 2,000
Task 2 - From Invoices = $10,000
Task 3 - 104 days @ 8 hours/day @ $60.00/hour _ $49,920
Task 4 - 80 hours @ $70.00/hour (Average) _ $ 5,600
Task 5 - Material Testing Subconsultant = $ 3,500
Direct Expenses = $ 500
TOTAL $71,520
We will bill you in accordance with the attached Schedule of Charges and establish
our contract in accordance with the attached General Terms and Conditions. If the
proposal is acceptable, please sign both copies and return one to us for our files and
as a notice to proceed. We ,look forward to continuing our excellent working
relationship with the Village.
Very truly yours,
Christopher B. Burke, Ph.D., P.E.
President
JJW/pjb/cks
ACCEPTED FOR THE VILLAGE OF ELK GROVE VILLAGE
BY: Dennis J. Gallitano
TITLE: Village President
DATE: April 26, 1994
PR800.216
ATTEST:
Patricia S. Smith
Village Clerk
3
CHRISTOPHER B. BURKE ENGINEERING, LTD.
STANDARD CHARGES FOR PROFESSIONAL SERVICES
JANUARY, 1994
Personnel
Principal
Senior Hydraulic Engineer
Senior Mechanical Engineer
Senior Structural Engineer
Senior Civil Engineer
Senior Water Resources Engineer
Water Resources Engineer
Civil Engineer
Mechanical Engineer
Junior Engineer
Engineering Technician
Technician
Geologist
Wetland Biologist
Senior Draftsperson
Draftsperson
Accounting
Word Processor
Secretary
Reproduction Costs
Outside Copies, Blueprints, Messenger and
Delivery Services
Professional Land Surveyor
2 -Man Survey Crew
3 -Man Survey Crew
* Charges include overhead and profit
Charges*
/Hr
115
95
95
84
84
90
68
63
63
40
58
47
50
47
50
47
50
42
39
Cost + 10%
80
90
110
A surcharge of fifty (50) percent will be added to hourly rates for expert witness
testimony and/or for participation at hearings, depositions, etc.
Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and
costs by 5% after December 31, 1994.
CHRISTOPHER B. BURKE ENGINEERING, LTD.
CHRISTOPHER B. BURKE'ENGINEERING, LTD.
GENERAL TERMS AND CONDITIONS
1. Relationship Between Engineer and Client: Christopher B. Burke Engineering,
Ltd. (Engineer) shall serve as Client's professional engineer consultant in those
phases of the Project to which this Agreement applies. This relationship is that
of a buyer and seller of professional services and it is understood that the
parties have not entered into any joint venture or partnership with the other.
The Engineer shall not be considered to be the agent of the Client.
2. Responsibility of the Engineer: Engineer will render engineering services in
accordance with generally accepted and currently recognized engineering
practices and principles. Engineer makes no warranty, either express or
implied, with respect to its services.
Notwithstanding anything to the contrary which may be contained in this
Agreement or any other material incorporated herein by reference, or in any
Agreement between the Client and any other party concerning the Project, the
Engineer shall not have control or be in charge of and shall not be responsible
for the means, methods, techniques, sequences or procedures of construction,
or the safety, safety precautions or programs of the Client, the construction
contractor, other contractors or subcontractors performing any of the work or
providing any of the services on the Project. Nor shall the Engineer be
responsible for the acts or omissions of the Client, or for the failure of the Client,
any architect, engineer, consultant, contractor or subcontractor to carry out their
respective responsibilities in accordance with the Project documents, this
Agreement or any other agreement concerning the Project. Any provision
which purports to amend this provision shall be without effect unless it contains
a reference that the content of this condition is expressly amended for the
purposes described in such amendment and is signed by the Engineer.
3. Changes: Client reserves the right by written change order or amendment to
make changes in requirements, amount of work, or engineering time schedule
adjustments, and Engineer and Client shall negotiate appropriate adjustments
acceptable to both parties to accommodate any changes, if commercially
possible.
4. Suspension of Services: Client may, at any time, by written order to Engineer
(Suspension of Services Order) require Engineer to stop all, or any part, of the
services required by this Agreement. Upon receipt of such an order Engineer
shall immediately comply with its terms and take all reasonable steps to
minimize the occurrence of costs allocable to the services covered by the order.
Client, however, shall pay all costs associated with suspension including all
costs necessary to maintain continuity and the staff required to resume the
services upon expiration of the suspension of work order. Engineer will not be
N
obligated to provide the same personnel employed prior to suspension when
the services are resumed, in the event the period of any suspension exceeds
thirty (30) days. Client will reimburse Engineer for the cost of such suspension
and remobilization.
5. Termination: This Agreement may be terminated by either party upon thirty (30)
days written notice in the event of substantial failure by the other party to
perform in accordance with the terms hereof through no fault of the terminating
party. This Agreement may be terminated by Client, under the same terms,
whenever Client shall determine that termination is in its best interests. Cost of
termination, including salaries, overhead and fee, incurred by Engineer either
before or after the termination date shall be reimbursed by Client.
6. Documents Delivered to Client: Drawings, specifications, reports, and any other
Project Documents prepared by Engineer in connection with any or all of the
services furnished hereunder shall be delivered to the Client for the use of the
Client. Engineer shall have the right to retain originals of all Project Documents
and drawings for its files. Furthermore, it is understood and agreed that the
- Project Documents such as, but not limited to reports, calculations, drawings,
_- and specifications prepared for the Project, whether in hard copy or machine
readable form, are instruments of professional service intended for one-time use
in the construction of this Project. These Project Documents are and shall
remain the property of the Engineer. The Client may retain copies, including
copies stored on magnetic tape or disk, for information and reference in
connection with the occupancy and use of the Project.
It is also understood and agreed that because of the possibility that information
and data delivered in machine readable form may be altered, whether
inadvertently or otherwise, the Engineer reserves the right to retain the original
tapes/disks and to remove from copies provided to the Client all identification
reflecting the involvement of the Engineer in their preparation. The Engineer
also reserves the right to retain hard copy originals of all Project Documentation
delivered to the Client in machine readable form, which originals shall be
referred to and shall govern in the event of any inconsistency between the two.
The Client understands that the automated conversion of information and data
from the system and format used by the Engineer to an alternate system or
format cannot be accomplished without the introduction of inexactitudes,
anomalies, and errors. In, the event Project Documentation provided to the
Client in machine readable form is so converted, the Client agrees to assume
all risks associated therewith and, to the fullest extent permitted by law, to hold
harmless and indemnify the -Engineer from and against all claims, liabilities,
losses, damages, and costs, including but not limited to attorney's fees, arising
therefrom or in connection therewith.
The Client recognizes that changes or modifications to the Engineer's
F
instruments of professional service introduced by anyone other than the
Engineer may result in adverse consequences which the Engineer can neither
predict nor control. Therefore, and in consideration of the Engineer's
agreement to deliver its instruments of professional service in machine readable
form, the Client agrees, to the fullest extent permitted by law, to hold harmless
and indemnify the Engineer from and against all claims, liabilities, losses,
damages, and costs, including but not limited to attorney's fees, arising out of
or in any way connected with the modification, misinterpretation, misuse, or
reuse by others of the machine readable information and data provided by the
Engineer under this Agreement. The foregoing indemnification applies, without
limitation, to any use of the Project Documentation on other projects, for
additions to this Project, or for completion of this Project by others, excepting
only such use as may be authorized, in writing, by the Engineer.
7. Reuse of Documents: All Project Documents including drawings and
specifications furnished by Engineer pursuant to this Agreement are intended
for use on the Project only. They cannot be used by Client or others on
extensions of the Project or any other project. Any reuse, without specific
written verification or adaptation by Engineer, shall be at Client's sole risk, and
Client shall indemnify and hold harmless Engineer from all claims, damages,
losses, and expenses including attorney's fees arising out of or resulting
therefrom.
8. Standard of Practice: The Engineer will strive to conduct services under this
agreement in a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing in the same locality
under similar conditions as of the date of this Agreement.
9. Compliance With Laws: The Engineer will strive to exercise usual and
customary professional care in his efforts to comply with those laws, codes,
ordinance and regulations which are in effect as of the date of this Agreement.
With specific respect to prescribed requirements of the Americans with
Disabilities Act of 1990 or certified state or local accessibility regulations (ADA),
CLIENT understands ADA is a civil rights legislation and that interpretation of
ADA is a legal issue and not a design issue and, accordingly, retention of legal
counsel (BY CLIENT) for purposes of interpretation is advisable. As such and
with respect to ADA, CLIENT agrees to waive any action against ENGINEER,
and to indemnify and defend ENGINEER against any claim arising from
ENGINEER's alleged failure to meet ADA requirements prescribed.
10. Indemnification: Engineer shall indemnify and hold harmless Client up to the
amount of its net fee for the services from loss or expense, including reasonable
attorney's fees for claims for personal injury (including death) or property
damage arising out of the sole negligent act, error or omission of Engineer.
3
Client shall indemnify and hold harmless Engineer, up to the same amount that
Engineer undertakes to indemnify the Client under this Agreement, from loss or
expense, including reasonable attorney's fees, for claims for personal injuries
(including death) or property damage arising out of the sole negligent act, error
omission of Client.
In the event of joint or concurrent negligence of Engineer and Client, each shall
bear that portion of the loss or expense that its share of the joint or concurrent
negligence bears to the total negligence (including that of third parties) which
caused the personal injury or property damage.
Engineer shall not be liable for special, incidental or consequential damages,
including, but not limited to loss of profits, revenue, use of capital, claims of
customers, cost of purchased or replacement power, or for any other loss of
any nature, whether based on contract, tort, negligence, strict liability or
otherwise, by reasons of the services rendered under this Agreement.
11. Opinions of Probable Cost: Since Engineer has no control over the cost of
labor, materials or equipment, or over the Contractor(s) method of determining
"process, or over competitive bidding or market conditions, his opinions of
probable Project Construction Cost provided for herein are to be made on the
basis of his experience and qualifications and represent his best judgement as
a design professional familiar with the construction industry, but Engineer
cannot and does not guarantee that proposal, bids or the Construction Cost will
not vary from opinions of probable construction cost prepared by him. If prior
to the Bidding or Negotiating Phase, Client wishes greater accuracy as to the
Construction Cost, the Client shall employ an independent cost estimator
Consultant for the purpose of obtaining a second construction cost opinion
independent from Engineer.
12. Governing Law: This Agreement shall be governed by and construed in
accordance with the laws of the State of Illinois.
13. Successors and Assigns: The terms of this Agreement shall be binding upon
and inure to the benefit of the parties and their respective successors and
assigns: provided, however, that neither party shall assign this Agreement in
whole or in part without the prior written approval of the other.
14. Waiver of Contract Breach: The waiver of one party of any breach of this
Agreement or the failure of one party to enforce at any time, or for any period
of time, any of the provisions hereof, shall be limited to the particular instance,
shall not operate or be deemed to waive any future breaches of this Agreement
and shall not be construed to be a waiver of any provision, except for the
particular instance.
4
15. Entire Understanding of Agreement: This Agreement represents and
incorporates the entire understanding of the parties hereto, and each party
acknowledges that there are no warranties, representations, covenants or
understandings of any kind, matter or description whatsoever, made by either
party to the other except as expressly set forth herein. Client and the Engineer
hereby agree that any purchase orders, invoices, confirmations,
acknowledgements or other similar documents executed or delivered with
respect to the subject matter hereof that conflict with the terms of the
Agreement shall be null, void and without effect to the extent they conflict with
the terms of this Agreement.
16. Amendment: This Agreement shall not be subject to amendment unless
another instrument is duly executed by duly authorized representatives of each
of the parties and entitled "Amendment of Agreement".
17. Severability of Invalid Provisions: If any provision of the Agreement shall be
held to contravene or to be invalid under the laws of any particular state, county
or jurisdiction where used, such contravention shall not invalidate the entire
Agreement, but it shall be construed as if not containing the particular
provisions held to be invalid in the particular state, country or jurisdiction and
the rights or obligations of the parties hereto shall be construed and enforced
accordingly.
18. Force Majeure: Neither Client nor Engineer shall be liable for any fault or delay
caused by any contingency beyond their control including but not limited to
acts of God, wars,.strikes, walkouts, fires, natural calamities, or demands or
requirements of governmental agencies.
19. Subcontracts: Engineer may subcontract portions of the work, but each
subcontractor must be approved by Client in writing.
20. Access and Permits: Client shall arrange for Engineer to enter upon public and
private property and obtain all necessary approvals and permits required from
all governmental authorities having jurisdiction over the Project. Client shall pay
costs (including Engineer's employee salaries, overhead and fee) incident to
any effort by Engineer toward assisting Client in such access, permits or
approvals, if Engineer perform such services.
21. Designation of Authorized Representative: Each parry shall designate one or
more persons to act with authority in its behalf in respect to appropriate aspects
of the Project. The persons designated shall review and respond promptly to
all communications received from the other parry.
22. Notices: Any notice or designation required to be given to either party hereto
shall be in writing, and unless receipt of such notice is expressly required by the
terms hereof shall be deemed to be effectively served when deposited in the
5
mail with sufficient first class postage affixed, and addressed to the party to
whom such notice is directed at such party's place of business or such other
address as either parry shall hereafter furnish to the other parry by written notice
as herein provided.
23. Limit of Liability: The Client and the 'Engineer have discussed the risks,
rewards, and benefits of the project and the Engineer's total fee for services.
Risks have been allocated such that the Client agrees that to the fullest extent
permitted by law, the Engineer's total liability to the Client for any and all injuries,
claims, losses, expenses, damages or claim expenses arising out of this
agreement from any cause or causes, shall not exceed the total amount of the
contract. Such causes included but are not limited to the Engineer's
negligence, errors, omissions, strict liability, breach of contract or breach of
warranty.
24. Client's Responsibilities: The Client agrees to require the Contractor, to the
fullest extent permitted by law, to indemnify, hold harmless, and defend the
Engineer, its consultants, and the employees and agents of any of them from
and against any and all claims, suits, demands, liabilities, losses, damages, and
costs ("Losses"), including but not limited to costs of defense, arising in whole
or in part out of the negligence of the Contractor, its subcontractors, the
officers, employees, agents, and subcontractors of any of them, or anyone for
whose acts any of them may be liable, regardless of whether or not such
Losses are caused in part by a party indemnified hereunder. Specifically
excluded from the foregoing are Losses arising out of the preparation or
approval of maps, drawings, opinions, reports, surveys, change orders,
designs, or specifications, and the giving of or failure to give directions by the
Engineer, its consultants, and the agents and employees of any of them,
provided such giving or failure to give is the primary cause of Loss.
The Client further agrees to require the Contractor to name the Engineer, its
agents and consultants on the Contractor's policy or policies of comprehensive
or commercial general liability insurance. Such insurance shall include products
and completed operations and contractual liability coverages, shall be primary
and noncontributing with any insurance maintained by the Engineer or its
agents and consultants, and shall provide that the Engineer be given thirty
days, unqualified written notice prior to any cancellation thereof.
In the event the foregoing requirements, or any of them, are not established by
the Client and met by the Contractor, the Client agrees to indemnify and hold
harmless the Engineer, its employees, agents, and consultants from and against
any and all Losses which would have been indemnified and insured against by
the Contractor, but were not.
25. Payment: Client shall be invoiced once.each month for work performed during
the preceding period. Client agrees to pay each invoice within thirty (30) days
L
of its receipt. The client further agrees to pay interest on all amounts invoiced
and not paid or objected to for valid cause within said thirty (30) day period at
the rate of eighteen (18) percent per annum (or the maximum interest rate
permitted under applicable law, whichever is the lesser) until paid. Client
agrees to pay Engineer's cost of collection of all amounts due and unpaid after
sixty (60) days, including court costs and reasonable attorney's fees.
March 2, 1993
PERM TERM.CON
7