R-14-00 02/14/2000RESOLUTION k ' ill O U
RESOLUTION AUTHORIZING APPROVAL OF A
ENGINEERING AGREEMENT WITH
CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR
THE CASS STREET CULVERT IMPROVEMENT PROJECT
WHEREAS, the Village of Lemont requires engineering services related to the Cass Street
Culvert Improvement Project; and
WHEREAS, the Village seeks to utilize the firm of Christopher B. Burke Engineering, Ltd.
for such engineering services; and
WHEREAS, the Village and Christopher B. Burke Engineering, Ltd. have negotiated an
agreement to identify the terms and conditions of the services to be provided.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the
supplement agreement attached hereto as Exhibit A is hereby approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS ON THIS
14TH day of February , 2000.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Richard Rimbo
Mary Studebaker
AYES NAYS PASSED ABSENT
/1,./4t , A'
CHA -1 NE SMOLLEN, Village Clerk
me this 14th day of Febru - 2000.
Approved by y 4 ,
1141411
- 1 R A75P
ATTEST:
HARLENE SMOLLEN, Village Clerk
Approved to form:
/s/
Village Attorney
Date: .-5 -�°
SKI, Village President
CHRISTOPHER B. BURKE ENGINEERING, LTD.
9575 West Higgins Road • Suite 600 • Rosemont, Illinois 60018 -4920 • TEL (847) 823 -0500 • FAX (847) 823 -0520
May 18, 1999
Revised January 19, 2000
Village of Lemont
418 Main Street
Lemont, IL 60439
Attention: Jim Cainkar, Village Engineer
Subject: Proposal for Professional Engineering Services Related to Resident
Engineering /Construction Observation of The Cass Street Culvert
Improvements
(CBBEL Project No. 99 -156)
Dear Mr. Cainkar:
In accordance with your request we are pleased to provide this Proposal for
Professional Engineering Services related to resident engineering /construction
observation for the above referenced culvert improvements. Included with this proposal
is our Understanding of the Assignment, Scope of Work and Estimated Fee.
UNDERSTANDING OF THE ASSIGNMENT
The Village of Lemont has determined that they will proceed with the infrastructure
improvements for the Cass Street Culvert. We understand the improvements to include
the construction of a new entrance grate, upstream debris collectors and an emergency
by -pass sewer. Christopher B. Burke Engineering, Ltd. (CBBEL) is currently preparing
contract documents for the work.
The Village has requested CBBEL to provide full -time resident engineering on the
project. We understand that the Village of Lemont will act as the Owner as far as the
contract administration is concerned.
SCOPE OF SERVICES
We have broken down the Scope of Services for resident engineering /construction
observation into a series of tasks as outlined below:
Task 1 - Construction Observation and Contract Administration: Under this task we will
provide an on -site resident engineer with hours as dictated by the contractor's
construction schedule and activities. The contract is estimated to be completed in 25
working days; it is our experience that contractor will work an average of eight hours
a day for this period. In our opinion, this will require periodic observation during certain
construction periods as well as a full -time observation during other periods. We will
coordinate with the contractor, provide interpretation of the plans and specifications and
administer the construction contract.
We anticipate that this contract will require an additional five working days for final
documentation, record drawings and project closeout.
The Contractor(s) will be informed by the Village of Lemont that neither the presence
of our field staff nor the observation and testing by our firm shall excuse him in any way
for defects discovered in the work. It should be understood that we will not be
responsible for job and site safety on this project; job and site safety shall be the sole
responsibility of the Contractor(s).
Task 2 - Construction Layout: We will provide initial horizontal and vertical control as .
required in the contract documents for the construction of the project. In addition, we
will make all surveys and measurements related to final quantity measurement and
documentation. We will perform this service on an on -call basis. In addition, CBBEL
will video tape existing conditions to establish a record of conditions before construction
begins.
Task 3 - Materials Testing: We will provide quality control verification testing of
materials as a check on the contractors submitted test results. The scheduling and
frequency of testing will be determined as construction progresses and as warranted
by field conditions. We have provided an estimated budget for these services in the
Estimated Fee, although a precise scope is not defined. The budget estimate is based
on our experience with similar projects and testing that we can anticipate at this time.
We propose to perform these services through the use of a geotechnical sub -
consultant.
2
ESTIMATED CONSTRUCTION ENGINEERING FEE
We propose to perform this work on a time and materials basis and bill you in
accordance with the attached Schedule of Charges for Professional Services. We
propose to perform all of the above tasks for a not to exceed fee of $14-1$3. We have
broken down this Estimate of Fee by tasks below. 8 yofl
Task 1 - Resident Engineering Construction Observation and Contract
Administration
a. Onsite Engineer
25 days @ 4 hrs /day (avg)
@ $67.00/hr (avg) _ $6,700.00
SUBTOTAL $6,700.00
Task 2 - Construction Layout, and Videotaping
12 hrs - 2 man crew @ $100 /hr = $1,200.00
Task 3 - Materials Testing = $1,000.00
CONSTRUCTION TOTAL $8,900.00
This is a not -to- exceed amount. We are establishing this contract in accordance with
the attached General Terms and Conditions which are expressly incorporated herein
and made a part of this contract. We are pleased to continue our working relationship
with the Village of Lemont on this ongoing project.
3
If this proposal meets with your approval, please sign both copies and return one to us
for our files and as notice to proceed.
V- - truly yours,
C ristoph- B. Burke, Ph.D., P.E.
President
CBB/WDC /crb /cks /hmc
Attachments: Schedule of Charges
General Terms and Conditions
THIS PR • •OSAi , SCHEDULE OF CHARGES & GENERAL TERMS & CONDITIONS
ACCEPT :D •' THE VILLAGE OF LEMONY
BY:
TITLE:
DATE:
-- .4 -0o
CKS W CBBOH PR3800.119
CHRISTOPHER B. BURKE ENGINEERING, LTD.
STANDARD CHARGES FOR PROFESSIONAL SERVICES
JANUARY, 2000
Charges*
Personnel ($ /Hr)
Principal 150
Senior Engineer 130
Engineer V 95
Engineer IV 85
Engineer III 80
Engineer II 65
Land Surveying Manager 95
Senior Project Surveyor 80
Project Surveyor 70
Staff Surveyor 55
Environmental Planner 65
Junior Engineer 55
Senior Engineering Technician 83
Engineering Technician II 80
Engineering Technician I 65
Senior Environmental Resources Specialist 80
Environmental Resource Specialist III 73
Environmental Resource Specialist II 60
Environmental Resource Technician 55
Accounting 70
Word Processing /Secretary 60
Direct Costs
Outside Copies, Blueprints, Messenger,
Delivery Services, Mileage
Charges include overhead and profit
Cost + 10%
Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and
costs by 5% after December 31, 2000.
CHRISTOPHER B. BURKE ENGINEERING, LTD.
VILLAGE OF LEMONT
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 as such the Engineer is an independent
contractor in the performance of this Agreement 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 strive to perform services under this
Agreement in accordance with generally accepted and currently recognized
engineering practices and principles, and 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. No other representation, express or
implied, and no warranty or guarantee is included or intended in this Agreement, or
in any report, opinion, document, or otherwise.
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
costs associated with the services affected by such order. Client, however, shall pay
all costs incurred by the suspension, including all costs necessary to maintain
continuity and for the resumptions of the services upon expiration of the Suspension
of Services Order. Engineer will not be obligated to provide the same personnel
employed prior to suspension, when the services are resumed, in the event that the
period of suspension is greater than thirty (30) days.
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 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
2
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 but not limited to reports,
opinions of probable costs, 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.
10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount
of available professional liability insurance limits 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.
Client shall indemnify and hold harmless Engineer 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
3
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 Articles previously set forth by (Item 9 of) this Agreement, together 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.
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
4
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 party (to this Agreement) 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 party.
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 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 party
shall hereafter furnish to the other party 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. In recognition of the
relative risks and benefits of the Project to both the Client and the Engineer, the risks
have been allocated such that the Client agrees that to the fullest extent permitted
by law, the Engineer's total aggregate liability to the Client for any and all injuries,
claims, costs, losses, expenses, damages of any nature whatsoever or claim
expenses arising out of this Agreement from any cause or causes, including
attorney's fees and costs, and expert witness fees and costs, shall not exceed the
total Engineer's available professional liability insurance limits. Such causes included
but are not limited to the Engineer's negligence, errors, omissions, strict liability or
breach of contract. It is intended that this limitation apply to any and all liability or
cause of action however alleged or arising, unless otherwise prohibited by law.
24. 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 of its
receipt. The client further agrees to pay interest on all amounts invoiced and not paid
unless 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 further 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, as well as costs attributed to
suspension of services accordingly and as follows:
Collection Costs. In the event legal action is necessary to enforce the
payment provisions of this Agreement, the Engineer shall be entitled to collect
from the Client any judgement or settlement sums due, reasonable attorneys'
fees, court costs and expenses incurred by the Engineer in connection
therewith and, in addition, the reasonable value of the Engineer's time and
expenses spent in connection with such collection action, computed at the
Engineer's prevailing fee schedule and expense policies.
Suspension of Services. If the Client fails to make payments when due or
otherwise is in breach of this Agreement, the Engineer may suspend
performance of services upon five (5) calendar days' notice to the Client. The
Engineer shall have no liability whatsoever to the Client for any costs or
damages as a result of such suspension caused by any breach of this
Agreement by the Client. Client will reimburse Engineer for all associated
costs as previously set forth in (Item 4 of) this Agreement.
25. When construction observation tasks are part of the service to be performed by the
Engineer under this Contract, the Owner will include the following clause in the
construction contract documents and Owner agrees not to modify or delete it:
Kotecki Waiver. Contractor (and any subcontractor into whose subcontract
this clause is incorporated) agrees to assume the entire liability for all
personal injury claims suffered by its own employees, including without
limitation claims under the Illinois Structural Work Act, asserted by persons
allegedly injured on the Project; waives any limitation of liability defense
based upon the Worker's Compensation Act, court interpretations of said Act
or otherwise; and agrees to indemnify and defend Owner and Engineer and
their agents, employees and consultants (the "Indemnitees ") from and against
all such loss, expense, damage or injury, including reasonable attorneys'
fees, that the lndemnitees may sustain as a result of such claims, except to
the extent that Illinois law prohibits indemnity for the lndemnitees' own
negligence.
June, 1997
CKS PERM 97LEMONT.TER
0