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R-67-99 Approving Engineering Agreement with Christopher Burke Engineering for Construction Observation Services for Logan Street Dam ReconstructionRESOLUTION RESOLUTION APPROVING ENGINEERING AGREEMENT WITH CHRISTOPHER BURL ENGINEERING FOR CONSTRUCTION OBSERVATION SERVICES FOR LOGAN STREET DAM RECONSTRUCTION WHEREAS, the Village of Lemont is proceeding to reconstruct the Logan Street Stormwater Detention Facility, and WHEREAS, the improvements will necessitate construction observation services during the period of work, and NOW THEREFORE BE IT RESOLVED THAT the engineering services agreement with Christopher Burke Engineering is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS on this 27th day of September , 1999. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS PASSED ABSENT 1/V J /1L ',tat ENE C ENE SMOLLEN, Village Clerk Approved by me this 27th day of - . - , ..1 1999. fTc „ �' yfromf visprv-Village President Attest: ARLENE SMOLLEN, Village Clerk App oved as to f illage Atto Date: 4.-( SEP 2 1 1999 SEP 2 1 1969 ENGINEERING DEPARTMENT CHRISTOPHER B. BURKE ENGINEERING, LTD. 9575 West Higgins Road • Suite 600 • Rosemont, Illinois 60018 -4920 • TEL (847) 823 -0500 • FAX (847) 823 -0520 June 1, 1999 Revised September 20, 1999 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 Logan Street Dam (CBBEL Project No. 97 -216) 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 dam construction. 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 Logan Street Dam. The Village has had contract documents for the work prepared by Christopher B. Burke Engineering, Ltd. (CBBEL). 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. 1 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 60 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 full time observation during certain construction periods as well as a reduced observation during other periods. In addition, we foresee the potential for more than one person to be involved in observation during periods of the highest activity. 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 ten 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 $44,470. We have broken down this Estimate of Fee by tasks below. Task 1 - Resident Engineering Construction Observation and Contract Administration a. Onsite Engineer 60 days @ 8 hrs /day (avg) @ $75.00 /hr (avg) _ $36,000.00 b. Contract Administration, Meetings, Review 10 hrs @ $97.00 /hr (avg) _ $970.00 SUBTOTAL $36,970.00 Task 2 - Construction Layout, and Videotaping 25 hrs - 2 man crew @ $100 /hr = $2,500.00 Task 3 - Materials Testing (TSC) _ $5,000.00 CONSTRUCTION TOTAL $44,470.00 This is a not -to- exceed amount. We are establishing this contract in accordance with the attached General Terms and Conditions which are expressly incorporated herein and made a part of this contract. We are pleased to continue our working relationship with the Village of Lemont on this ongoing project. 3 If this proposal meets with your approval, please sign both copies and return one to us for our files and as notice to proceed. Very truly yours, // Christop'-r B. Burke, Ph.D., P.E. President CBB /crb /cks Attachments: Schedule of Charges General Terms and Conditions THIS PROPOSA , CHEDULE OF CHARGES & GENERAL TERMS & CONDITIONS ACCEPTED F HE VILLAGE OF LEMONT BY: TITLE: / kJ', I, lart, DATE: CKS W CBBOH PR2800.920 APPROVED AS TO F P. Antonopoulos, Vill. rney 4 VILLAGE OF LEMONT CHRISTOPHER B. BURKE ENGINEERING, LTD. STANDARD CHARGES FOR PROFESSIONAL SERVICES JANUARY, 1999 Charges* Personnel ($ /Hr) Principal 142 Department Head 120 Senior Hydraulic Engineer 107 Senior Mechanical Engineer 107 Senior Water Resources Engineer 102 Senior Structural Engineer 120 Senior Civil Engineer 102 Senior Transportation Engineer 107 Water Resources Engineer III 75 Water Resources Engineer II 65 Structural Engineer 88 Civil Engineer III 82 Civil Engineer II 70 Mechanical Engineer 82 Land Surveying Manager 85 Project Surveyor 65 Staff Surveyor 50 Environmental Planner 58 Junior Engineer 50 Senior Engineering Technician 77 Engineering Technician 74 Draftsperson 60 Senior Environmental Resources Specialist 75 Environmental Resource Specialist III 68 Environmental Resource Specialist II 55 Environmental Resource Technician 50 Accounting 63 Word Processing /Secretary 55 Computer Engineer 61 Direct Costs Outside Copies, Blueprints, Messenger Delivery Services, Mileage * Charges include overhead and profit Cost + 10% 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 5 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 Indemnitees may sustain as a result of such claims, except to the extent that Illinois law prohibits indemnity for the Indemnitees' own negligence. June, 1997 CKS PERM 97LEMONT.TER 6