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1990-11c7 p RESOLUTION NO. 90- 11 A RESOLUTION APPROVING AN AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE FIRE STATION NO. 27 IMPROVEMENT WHEREAS, the Buffalo Grove Village President and Board of Trustees desire to implement the timely construction of an additional fire station in the area of Illinois Route 22 and Easton Avenue; and, WHEREAS, construction management services are desired in order to efficiently implement the design and construction of the new fire station; NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois as follows: 1. The attached agreement for construction management services related to the project which the agreement describes as the "Buffalo Grove Fire Station No. 27 located north of Illinois Route 22 and west of Easton Avenue" is hereby approved. A copy of said agreement is attached hereto and made `a part hereof. 2. The Village President and Village Clerk are authorized and directed to execute the agreement for the Village. AYES: 3 - Reid Shifrin Mathias NAYES: 2.- Marienthal, Glover ABSENT: 1 - O'Mallev PASSED: April 2 , 1990 APPROVED: April 2 1990 APPROVED: illage President ATTEST: �vuv Vil1&ge Clerk GPB :lm:E67:GREGE THE A' OPC D GENERAL CONTWT STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (OWNER: AWARDS ALL TRADE CONTRACTS) Thus Document has important legal and insurance consequences; consultation with an attorney is encouraged with aspect tO its completion ormodifcadon. AGREEMENT' Made this day XMW 28th of March 13ETWEEN in the year Nineteen Hundred and xinett Villaqe of Buffalo Grove the Owner;,, and McLennan t Thebault Inc. the Construction Manager.. For services in connection wi the following described Project: (include complete Project: location and scope) Buffalo Grove construction #27 located north of Illinois Route 22 and hest of Easton Avenue.- The Architect/ Engineer for the Project.- is Barris s Kwasek Architects, Inc. The Owner and the- Construction Manager agree as set forth below COMM lxowiona of dtia.doowrwu hm b8 dw%*C-v»dh nwbrc•abWa...kan Alit. Oww-ConvaetoAWeeme L O91; NA Dabmw* A201- q� too wq acwn.na vubkdlo d ar TM Mwwn MM o AmNa c JUA- DaaonP4 .G�nFCa+euo0..Ot87ElA Oocmru Owrn �C00~t 4 AAA nW �, �An� d AlA,hnOiw ;.wngr IM Pa►misign a AIA don not inply AlA «WOrs�mMu or �00►Oal Oa f r+�it hpo�, was aprs�e w�wNn o«miwon kan AU► is aa+lrnd. AQC Oemnswa -U its`, •` Ow++ar Caatn,er+on PAGE` l.. of` 15; 0 1979 A�aamoN.Go wal Conaactas al Anwm MWAW A" + lOmw: Away Canv>ge, OLE OF QUMTENT3 AtARTICLE 1 The Construction Team and Extent of Agreement .................1 2 Construction Manager's Services ..............................1 . 3 The Owner's Responsibilities ......... . ......................4 4 Trade Contracts ............... ....:.........................4 5 Project Schedule ................ ..............................5 6 Construction Manager's fee .......-.... _ .......................5 7 Reimbursable Costs ...... 6 8 Changes in the Project...:...... ....................._.......7 9 Payments to the Construction Manager ...................._.....7 10 Insurance. Indemnity and Wa"rverof Subrogation :., .........:.....7 . 11 Termination of the Agreement and Owner's Right to: ' Perform Construction Manager's Obligations- ....::..............9 12' Assignment and`Goveming Law.,....'. ..... ...10 ; .. IT Miscel faneousProvisions............... ......._ :..._.............,..1Q It Arbitration:........ _..........'........,. � :........ :....... _.....::....11 " PAGE` 2 f/' I'�•1 • w6G � t'oAlpaton Team and Extent of A g imeo The CONSTRUCTION MANAGER accepts the relationship of trust and confidence established between him and the Owner by ft Agreement. He covenants with the Owner to furnish his best skill and judgment and to cooperate with the Architect /Engineer in lua thering the interests of the Owner. He agrees to furnish efficient business administration and superintendence arid to use his best ef. forts to complete the Project in the best and soundest way and in the most expeditious and economical manner consistent with the in- terest of the Owner. 1.1 The Construction Team: The Construction Manager, the Ow er nd the Architect/Engineer called the "Construction Team" shall work from the beginning of design through constructio complete * he Construction Manager shall provide leadership to the Con- struction Team on all matters relating to constnuctio * d final acceptance by the owner and issuance of certificate of occupancy by the owner. 1.2 Extent of Agreement: This Agreement represents the entire agreement between the Owner and the Construction Manager and supersedes all prior negotiations. representations or agreements. When Drawings and Specifications are complete, they shall be iden, tified by amendment to this Agreement. This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both Owner and Construction Manager. 1.3 Definitions 1.11 The Project is the total construction to be managed under this Agreement. 1.3.2 The Work is that part of the conswction that a particular Trade Contractor is to perform and such General Condition Items that the Construction Manager performs with his own forces. 1.3.3 General Condition Items as used herein shall be deemed to mean provision of facilities of performance of work by the Con. struction Manager for items which do not lend themselves readily to inclusion in one of the separate trade contracts. General con& tion items may include (but are not limited to) the following; watchmen; scaffolding; hoists; signs; safety barricades; water boys; leaning; dirt chutes: cranes: shanties, preparation for ceremonies including minor construction activity in connection therewith; tam, porary toilets: fencing; sidewalk . bridges: first aid station; trucking; temporary elevator. special equipment; winter protection tem. porary heat. water, and electricity; temporary Protective enclosures; field office and related costs thereof such as nishings and office supplies: Progress. final and miscellaneous photographs: messerh equipment gars; installation of Owner furnished items; post and planking; general maintenance; subsoil exploration; refuse disposal; field and laboratory tests of concrete. steel and soils; surveys; bench marks and monuments: storage on -site and off -site of long lead procurement items; and miscxflaneous -minor construe, lion work when it is not feasible for the Owner to secure competitive bids or proposals thereon. 1.&4 The term day sha mean calendar day unless otherwise specifically designated. ARTICLE 2 Construction Manager's Services The Construction Manager will perform the following services under this Agreement in each of the two phases described below. 2.1 Design Phase 2-1.1 Consultation DUAV Project Devekpmeff Advise the Owner on site selection and participate in development of project feasibility studies. Schedule and attend regular meetings with the Architect /Engineer during the development of conceptual and preliminary design to advise on site use and improvements. selection of materials, building systems and equipment. Provide recorn. mendations on construction feasibility. availability of materials and labor, time requirements for installation and construction, and factors related to cost including costs of alternative designs or materials. preliminary budgets, and possible economies, 21.2 Scheduling: Develop a Project Schedule that coordinates and integrates the Architect /Engineer's design efforts and the Owner's activities with construction schedules. Update the Project Schedule incorporating a detailed schedule for all activities of the project. including realistic activity sequences and durations. allocation of tabor and materials, processing of shop drawings and samples, and delivery of products requiring long lead -time procurement. Include the Owner's occupancy requirements showing por. Lions of the Project having occupancy priority. 2-1.3 Pro %act Constriction Budget: Prepare a Project budget as soon as major Project requirements have been identified, and update periodically for the Owner's approval. Prepare an estimate based on a quantity survey of Drawings and Specifications at the end of the. schematic design phase for approval by the Owner as the Project Construction Budget. Update and refine this estimate for Owner's aw, provaf as the development of the Drawings and Specificas proceeds. and advise the Owner and the Architect/Engineer if it appears that the Project Construction Budget will not be met and make recommendations for corrective action. PAGE 3 •ww ••. ~ .21.4 Ccadinaann of Contract DOCUmenrs: Revi�e �Drawings and Specifications as,ttwy are ng prepared. recommendng alternatris solutions whenever design d� it tructiowlembility or schedulesr. t . assurning any of the Ar- clmeci/Enjiineer's responsibilities for d: 2.1.5 Construction Planning: ReconxrAind for purchase by the Owner and expedite the procurement of kung -lead items to ensure their delivery by the required dates. 21.5.1 Make recommendations to the Owner and the Architect/ Engineer regarding the division of Work in the Drawings and Specifications to facilitate the bidding and awarding of Trade Contracts. allowing for phased construction taking into considerat ion such factors as time of .performance. availability of labor. overlapping trade jurisdictions. and provisions for temporary facilities. 21.5.2 Review the Drawings and Specifications with the Architect /Engineer to eliminate areas of conflict and overlapping in the Work to be performed by the various Trade Contractors and prepare prequalification criteria for bidders. r 21.5.3 Develop Trade -Contractor interest in the Project and as working Drawings and Specifications are completed. assist to Owner in taking competitive bids on the Work of the various Trade Contractors. After analyzing the bids. recommend to the Owner that such contracts be awarded. 2.1.6 Equal Employment Opportunity: Determine applicable requirements for equal employment opportunity programs for indusm in Project bidding documents. 22 Construction Phase Direct 221 Project Control• MtttjW the Work of the Trade Contractors and coordinate the Work with the activities and responsibilities of the Owner. Architect/ Engineer and Construction Manager to complete the Project in accordance with the Owner's objectives of cost. time and quality. 221.1 Maintain a competent full -time staff at the Project site to coordinate and provide general direction of the Work and progress of the Trade Contractors on the Project- 2212 Establish on -site organization and lines of authcrity in order to carry out the overall plants of the Construction Team. 221.3 Establish procedures for coordination among the Owner. Architect /Engineer. Trade Contractors and Construction Manager with respect to all aspects of the Project and implement such procedures. 221.4 Schedule and conduct progress meetings at which Trade Contractors. Owner. Architect/Engineer and Construction Manager can discuss jointly such matters as procedures. progress. problems and scheduling. 221.5 Provide regular monitoring of the Project Schedule as construction progresses. identify potential variances between s&Axkd. ed and probable completion dates. Review schedule for Work not started or incomplete and recommend to the Owner and Trade Cw tractors adjustments in the schedule to meet the probable complete date. Provide summary reports of each monitoring and document- all changes in schedule. 2.11.6 Determine the adequacy of the Trade Contractors' personnel and equipment and the availability of materials and supplies to meet the schedule. Recommend courses of action to the Owner when requirements of a Trade Contract Ste not being met. 22.2 Provision of facilities: Provide all supervision. labor. materials. construction equipment. tools and subcontract items which are necessary for the completion of the General Condition Items which are not provided by either the Trade Contractors or the Owner. =3 Cast Control: Develop and monitor an effective system of Project cost control. Revise and reline the initially approved.Pr*ct: Construction Budget. incorporate approved changes as they ow r. and develop cash now reports and forecasts as needed. Identity variances between actual and budgeted or estimated costs and advise the Owner and Architect/Engineer whenever projected cost ea-- ceeds budgets or estimates. 12.&1 Maintain cost accounting records on authorized Work performed under unit ccsts. actual costs for labor and materials. orother basis requiring accounting records. Afford the Owner access to these records and preserve them for a period ofthm= years after final` payment. Seven(7) * *subject to owner's approval 224 Change Order*I)evelop and implement a system for the preparation. review and processing of Change Orders: Recommend:: necessary of desirable changes to the Owner ,nd the Architect/Enginw. review requests for changes. submit recommendations to the Owner and the Atchitect /Engineer. and assist in .negotiating Change Orden. 225 Payments to Trade Contractors: Develop and implement a procedure for the review. approval. processing and payment of app6ca bans by Trade Contractors for progress and final payments. PAGE 4. 22I Permits and fees: Assist the At Engineer in obtaining an bw"�nits permits for provements, excluding any permits r �ned by the'various Trade Contr permanent ary mils for inspection. temporary laal�,d. etc. Assist in obtaining approvals from the authorities having iur fiction. 227 Owner's Couultantx If required. assist the Owner in selecting and retaining professional services of a surveyor, testing laboratories and special consultants, and coordinate these services. (Unless otherwise agreed in writing it is understood that the Cot� strucgtin 0 er will contr4ct f r such consultants a requii ed with a ent provided by Village as ;eimb e. QQ e eserves right �o ap rove costs forhese iems in a�vnce.) ttf fewew o�orkaSaue�y: eview the Work of Trade Contractors for defects and deficiencies in the Wo cif` she' Ar° c�' iteoolfc, 9iaaerts> rsspens�i (ities�forsigmaadzctaoaioa� Review the safety programs of each dt the Trade Contractors and make appropriate recommendations. In making such reviews. he shall not be required to make exhaustive or continuous inspections to check GKAfif id7&j bG safety precautions and programs in connection with the Project The performance of such services by the Con. struction Manager shad not relieve the Trade Contractors of their responsibilities for performance of the work and for the safety of per- sons and property, and for compliance with all federal. state and local statutes. rules. regulations and orders applicable to the conduct of the Work. Provide inspections to check quality of work. 2.23 Document Inmprerafibm Refer an questions for interpretation of the documents prepared by the Architect/Ertginew to the At. chitect/Engineer. 2210 Shop Drawings and Samples In collaboration with the Architect/Engineer. establish and implement procedures for expediting. the processing and approval of shop drawings and samples. .. 22-11 Reports and Project Site Documents: Record the progress of the Project. Submit written progress reports to the Owner and the Architect/ Engineer including information on the Trade Contractors' Work. and the percentage of completion. Keep a daily log available to the Owner and the Architect/Engineer. 2211.1 Maintain at the Project site. on a current basis: records of all necessary Contracts. Drawings, samples. purchases, materials, equipment. maintenance and operating manuals and instructions. and other construction related documents. including all revisions. Ob- tain data from Trade Contractors and maintain a current set of record Drawings. Specifications and operating manuals. At the completion of the Project. deliver an such records to the Owner. ** subject to Village approval, 2212 Substantial Cormpleriorftetermine Substantial Completion of Work or designated portions thereof and prepare for the Ar- chitect/Engineer a list of incomplete or unsatisfactory items and a schedule for their completion. 2203 Stag -Up: With the Owner's maintenance personnel, direct the checkout of utilities. operations systems and equipment for readiness and assist in, tb9ir initial start -up and testing by the Trade Contractors. ** Subject to Village's approval, 22.14 Anal Completion. *tietermine final completion and provide written notice to the owner and Architect/Enginew that the Work is , ready for final inspection. Segue and transmit to the Architect /Engineer required guarantees. affidavits. releases. bonds and waivers. Tum over to the Owner all keys. manuals. record drawings and maintenance stocks. A complete set of reproducible as- built plans will be submitted for the entire project which also comply with Development Ordinance requirements for b It lans. z I Vlan-anty: The Consuuctuon Manager shad collect and deliver to the Owner any specific written warranties or guarantees given by others. including all required Trade Contractor guarantees and warranties. 23 Additional Services At the request of the Owner. the Construction Manager will provide the following additional services upon written agreement between the Owner and Construction Manager defining the extent of such additional services and the amount and manner in which the Consum- lion Manager will be compensated for such additional services. 2.11 Services related to investigation. appraisals or valuations of existing conditions. facilities or equipment. or verifying the a= racy of existing drawings or other Owner - furnished information. ON 2.3.2 Services made necessary by the default of a Trade Contractor. 2.3.3 Preparing to serve or senring as an expert witness in connection with *any public head g,xgA*n1"Wpp=VA". .:r kVa pro., Deeding. PAGE 5 2.3.4 Inspections of and services related to the Project after completion of the services under this Agreement. 2.3.5 Providing any other service not otherwise included in this Agreement. ARTICLE 3 Owner's Responsibilities 3.1 The Owner shall provide full information•regarding his requirements for the Project. 3.2 The Owner shall designate a representative who shall be fully acquainted with the project and has authority to approve project Con. stnuOW Budgets. Changes in the Project. render decisions promptly consistent with Project Schedule and furnish information ex- peditiously. Construction !tanager 3.3 The 8rrneP shag retain an Architect/Engineer for design and to prepare construction documents for the Project. Fha AP ifeemmihm oFUG! 004 Said design (including legally required site detent on. qn and construction docnmetns shall be subject to approval by the owner. 3.4 t�a f orb fa the site of the Project altneoec�rtyr ��� SIMIUM �ininemQW11 100aborm and a legal descript;on, (Except building codes, site development s and laxs will be evaluated by the construction manager and the project will be designed and constructed in accordance re th ) ie dwner shad secure and pay for necessary approvals. easements. assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 3.6 The Owner shall furnish such legal services as maybe necessary for providing the items set forth in Paragraph 3.5. and such audiwV services as he may require. 3.8 The Owner shad provide the insurance for the project as provided in paragraph 10.4. and chap bear the cos of any bonds required. 3-9 The Mtstli M information, stxxe M&WIN lscr uired 3.4 eq by the above paragraphs shop be furnished with reasonable promptness at the Owner's expense, and the Construction Manager shad be entitled to rely upon the accuracy and completeness thereof. 3.10 If the Owner becomes aware of any fault or defect in the Projector non - conformance with the Drawings and Specifications, he Shall give prompt written notice thereof to the Construction Manager. 1 . 9 �y t'lai...� la . I•.I- 7)o 17 r•�. • 1•�t•.: '�..�a.. . .1. �- . - - i.'.t`. 'IA..i.L'.)'1'^ •� ��1. �l�' 1• 1 @ ^l�l' K'1 v 1 �i.lc«♦ 1' .r,•I h�. .L� �`il. ��, «.r ♦f' ,t♦ ,14 _r�:__.7.,1,; L,l`..',1.-.l..L,1. .')t+ 7:.___ 3-12 The Owner shall communicate with the Trade Contractors only through the Construction Manager. ARTICLE 4 Trade Contracts 4.1 Ap portions of the Project other than General Condition Items shalt be performed under Trade Contracts including contracts for general construction work with several construction trades. The Construction Manager shall assist the Owner in requesting and receiving proposals from Trade Contractors and Trade Contracts will be awarded by the Owner after the proposals are reviewed by the Ar- chitect /En ineer. Construction Manager and Owner. The Construction Manager shall prepare all bidding documents and contract forms complete and ready for final approval by the Village. 4.2 Trade Contracts will be between the Owner and the Trade Contractors. The form of the Trade Contracts &hckiding the General and Supplementary Conditions shop be satisfactory to the Construction Manager. These trade contracts shall be fully drafted by,. the Construction Manager and submitted for final Village approval. PAGE 6. Project Schedule ILI The services to be provided under this Contract shall be in general accordance with the following schedule: The .project:, shaft be fully completed including all punch list items by April 15, 1991 provided the release for commencement of full working drawings is provided by no later than May a, 1990, unless some other schedule is mutually agreed to. ' f 62 At the time work commences. a Date of Substantial Completion of the project shall also be established. U The Date of Substantial Completion of the Projector a designated portion thereof is the date when construction is sufficiently corn. ptete in accordance with the Drawings and Specifications so the Owner can occupy or utilize the Project or designated portion thereof for the use for which it is intended. Warranties called for by this Agreement or by the Drawings and Specifications 31111111-commence, ti on the Date Of $W"i Completion of the Project or designated portion thereof. (It is agreed that receipt of an occupancy_ permit is a prerequisite for substantial completion. It is also agreed that the drawings and specifications will° e cr be af�t1 work re tied for 0.4 If the Gonstructio`�f"l anger a �51 MnyRIA4 in the progress of the Project by any act or neglect of the Owner or tttit AX tcideem9li gior�r by any employee of a or by any separate contractor employed by the Owner by changes ordered in thePro- ject, or by tabor disputes, fire, unusual delay in transportation, adverse weather con�tions not reasonably anticipatable,_unavoidable casualties or any causes beyond the Construction Manager's control. or by. delay authorized by the Owner p isd;19 - bot�etiot� the Con. struction Completion Date shall be extended by Change Order for a reasonable length of time approved by . the owner ***(not covered in the scope of the work under the coordination of the construction manager) • ARTICLES Construction Manager's Fee this 6.1 In consideration of the performance of,pW Contract. the Owner agrees to pay the Construction Manager in current funds as com- pensation for his services a Construction Manager's Fee as set forth in Subparagraphs 6.1.1 and 6.1.2: 6.1.1 For the perforrrence of the Design Phase services, a fee of S 0 63,230.00 which shalt be paid monthly, in equal proportions, based on the scheduled Design Phase tittle: - * *,final . subtrade 6.•12 For work dr services performed during the Construction Phase. a fee of 6 • i oi**aonstsuctaor: _costs: **subtrade — which shall be paid proportionately to the ratio the monthly payment for the *cost of the Project bears to the estimated cost. Any balanc& of thus fee shall be paid at the time of fatal payment. 62 Adjustments to Fee shall be made as follows 6Z I For changes in the Protect as provided in Article 8, the Construction Managers Fee shall be adjusted by 6. _% of the addr_ Donal cost of the work for increases in the scope of the Protect. Reductions in the cost of the work. will., also result in 6% reductions in the construction manager's fee. ** architect /engineers,subcontractors and /or material. suppliers 6.2.2 For delays in the Protect not the responsibility of the Construction Manager*Vwe win be an equitable adjustmen - he i compensate the Construction Manager for his increased expenses, overhead profiLand reimbursables an eimbursab &13 The Construction Manager shall be paid an additional fee in the same proportion as set forth in 6.23 if the.-Construction Manager performs services in connection with the reconstruction of any insured or uninsured loss. Included 6.3 inadndmty in the Construction Manager's Fee are the following: 6.3.1` Salaries or otber compensation of the Construction Mlanager's employees at the principal office and branch, offices.?vttoppt 0113! was 6.3.2 General operating expenses of the Construction Manager's principal and branch offices other than the field office. 6.3.3, Any part of the Construction Manager's capital expenses. including interest on the Construction Manager's employed. for the Protect. 6.3.4 Overhead or general expenses of any kind. except as may be expressly included to Article 7. PAGE 7 ARTICLE 7 Reimbunable Costs ttacbed Zddbit A and made a part of this Contract. 7.1 The Owner agrees to pay the Constnution Manager for the reimbursable costs he incurs as defined Such payment shall be in addition to the Construction Manager's Fee stipulated in Article 6. Wages paid for labor in the direct employ of the Construction Manager in the.performance of General ConVM. ib collective bargaining agreements. or under a salary or wage schedule agreed upon by the Owner and ConsWin uch welfare or other benefits. if any. as may be payable with respect thereto. t Safari of the Construction Manager's employees when stationed at the field office. in whatever capacity tged on the in expediting the production or transportation of materials andequipment. and employees in performing t functions fisted below: '.13 Cost of all employee benefits and MN for such.items as unemployment pompei ased on wages. salaries. or other remunerad\aidtO ployees of the Construction .2.2. 24 The proportion of reasonable transportg. moving. and hotel pen; r employees incurred in discharge of duties th the Project. Cost including rental of all materials. supplies and Ktation. storage and. maintenance thereof. 26 Cost of the premiums for all insurance which the emssary by the Construction Manager. and social security. insofar as such cost Pr referred to in Subparagraphs 7.2.1 ar of the Construction Manager or of his to perform General Condition Items. induduV costs Manager is required to procure by this Agreement or is deemed Sales. use. gross receipts or similar taxes related to Project impo�d by any governmental authority. and for which the Con., a Manager is Gable. .8 Permit fees. licenses. tests. royalties. dame eligence. or infringement of patents a costs of defending suits therefor. and deposits lost rouses other than the Construction Manager• ti royalties or tosses a mages. including costs of defense, are incurred ich arse from a particular design, process. the product of a particular manufacturer manufacturers specified by the owner or Ar. tect /Engineer. and the Construction Ma erhas no reason to believe there wnit be infri t of patent rights. such royalties. losses I damages shag be paid by the Owner. Losses, expenses or damagg the extent not compensated by insurance or otherwise firt�dutg settlement made with ft writ- approval of the Owner.) \\ ,10 Minor expenses suc telegrams. long-distance telephone calls. telephone service at the site. xpressage. and sindtar h items in connection h the Project. /COStS of as debris. ed due to an emergency affecting the safety of persons and property.. a processing services required in the performance of the services outlined in Article 2. reasonably and properly resulting from prosecution of the Project for the Owner. rectly incurred in the performance of the Prolect and not included in the Construction Managers Fee as sat to PAGE 8 ARTICLE t Changes In the Project •.1 The Owner. without invalidating this Agreement. may order Changes in the Project within the general scope of J4 Agreement con• sisting of additions. deletions or other revisions; ' wslatkhed. the Construction Manager's fee and tM Construction Completion Date being adjusted accordingly. All such Changes in the Project shall be authorized by Change Order. &2 A Change Order is a written order to the Construction Manager signed by the Owner or his authorized agent issued after the execu- tion of this Agreement, authorizing a change in the scope of the Project. services to be provided. and /or the Construction Manager's Fee or the Construction Completion Date. The Construction Manager's Fee shall be adjusted as provided in Paragraph 6.2. (8.2 - See attached sheet #1) ARTICLE ! Payments to the Construction Manager !.1 The Construction Manager shall submit monthly to the Owner a statement. sworn t0 i6me"Q* showing in detail all moneys paid` out. costs accumulated or costs incurred on account of the Cost of the Project during the previous month and the amount of the Con. structron Manager's Fee due as provided in =6. Payment by the Owner to the Construction Manager of the statement amount shah be made within ten -1;9i days after it is S'�uThe monthly statement shall be in a form mutually agreeable to the thirty (30) ' Village and the construction manager 12 Final payment consti the unpaid balance of the Cost of the Project and the Construction Manager's. Fee shag be due and Savable when the Project �s A&ANWefiniakueucaue 211000MMINKIGUMMUMM. Ant this Agreement�fi,�,.. done, including all final punchlist items ,0 & M manual deliveries, as -built pl s m al etc. 9.3 It Owner should 140 to pay the Construction Manager within seven (7) days after the time the payment of any amount becomes due*# 6M8flA1AaAV may. upon seven M additional days' written notice to the Owner and the Architect/Engineer. stop the Project until payment of the amount owing has been received. •c� ,�. P f.4. C''1,t- ,:. -n: ,I f. ^. . -f tf(.�f. �, .��.,�: .♦ +.�. '1�: t i� i F i'i i i 'i• 1.�.� • 1 ARTICLE 10 Insurawm Indemnity and Waiver of Subrogation For purposes of this article 10 owner shall mean the Village of Buffalo Grove, its employees, agents and" 10.1 Indemnity officers. 10.1:1 The Construction Manager agrees to indemnify and hold the Owner harmless from an claims for bodily injury and property' damage !other than the work itself and other property insured under Paragraph 10.4! that may arise from the Construction Manager's.> operations under this Agreement. **provide insurance to indemnify 10.12 The Owner shad cause all Trade Contractors to agree to%de w* the Owner and the Construction Manager and hold than harmless from all claims for bodily injury and property damage (other than property insured under Paragraph, 10.41 that may arise flan that contractor's operations. Such provisions shad be in a form satisfactory to the Construction Manager. 102 Construadort Manager's Liability Insurance 10.2.1 The Construction Manager shall purchase and maintain such insurance as will protect him from the Claims set forth below which may arise out of or result from the Construction Manager's operations under this Agreement. 10.2.1.1 Claims under workers' compensation. disability benefit and other simlm employee benefit acts which are-appficable to the work to be performed. t0.Z12' Claims for damages because of bodily injury, occupational sickness or disease. or death of his employees under any applicable =: employer's liability law. 102,1.3` Claims for damages because of bodily injury, or death of any person other than his employees... 1021.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an of fence directly or, indirectly related to the employment of such person by the Construction Manager or (2) by any other person: PAGE 9 SHEET #1 11TTPT.4 O 'f - 710.1.1.6 C lams for carriages, otnet tnan to trier w t, oecausa of injury toot oesu�jut tdi property. ineluainy ions 01 use lftere4rotn. o 10.2.1.0 Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. m Mulinance or use of any motor vehicle. 10.22 The Construction Manager's Comprehensive General Liability Insurance shalt include premises — operations Gnduding explo- sion. collapse and underground coverage) elevators, independent contractors, completed operations. and blanket contractual $ability on an written contracts. all including broad form property damage coverage. 10.23 The Construction Manager's Comprehensive General and Automobile Liability Insurance. as required by Subparagraphs 10.21 and 10.22 shall be written for not less than limits of liability as follows: Umbrella $4,0W,00o.00 , a. Comprehensive General Liability 1. Personal Injury $11000,000.00 Each Occurrence 2. Property Damage b. Comprehensive Automobile Liability 1. Bodily Injury $ CSL Aggregate (Completed Operations) S CSL Each Occurrence _ Aggregate $1,000,000.00 Each Person $ CSL Each Occurrence 2. Property Damage $ CSL Each Occurrence 10.2.4 Comprehensive General Liability Insurance may be arranged under a single policy for the full limits required or by a cornbinatiort of underlying policies with the balance provided by an Excess or Umbrella Liability policy. 10.2.5 The foregoing policies shall contain a provision that coverages afforded under the policies will not be- cancelled or nor renewed. until at least sixty (60) days' prior written notice has been given to the Owner. Certificates of Insurance showing such coverages to be in Force shalt be filed with the Owner prior to commencement of the Work. 10.3 Owner's Llabillty Insurance 10.3.1 The Owner shad be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from operations under this Agreement. 10.4 Insurance to Protect Project Buffalo Grove will furn3i3h Builders Risk Insurance. the full cost of replacement as of the time of any loss. This insurance shad include as named insureds the Owner, the C :bl Manag Trade Contractors and thew Trade Subcontractors and shad insure against loss from the perils of Fire. Ex shad include ' d Risk" insurance. for physical loss or damage including without duplication of coverage at ft.. anus mischief. tr collapse, flood. earthquake. testing. and damage resulting from defective design. P or me Owner will increase Irma coverage, it necessary, to reflect estimated replacement cost. The be responsible for arty ranee penalties or deductibles. 'he Project covers an addition to Or is adjacent to an existm ZiEng.2ft Construction Manager I& Contractors and their Trade Su bc actors shall be named as additional insureds Owner's Property Insurance covenN 1; i building and its contents. X1.1- If the Owner funds it necessary to occupy or u rtion or po ns of the Project prior to Substantial Completion thereo i occupancy shall not comiTience prior to a time mutually the Owner and Construction Manager and to which the, ` rice company or companies providing the property insuran av rented by endorsement to the policy or policies: This insur I not be cancelled or lapsed on account of such parti capancy. Co t of the Construction Manager and of the insurance y or companies to such occupancy or use she be unreasonably with I The Owner shad purchase and intain such boiler and machinery insurance as a required or necessary. This incur include the interests of the .the Construction Manager. Trade Contractors and their Subcontractors in the Work. ' 4.3 The Owner purchase and maintain such insurance as will protect the Owner and Construction er against loss of i Owner's ptoaartV due to those perils insured pursuant to Subparagraph 10.4. 1. Such policy will provide cover expedi erials. continuing overhead of the Owner and Construction Manager, necessary labor expense including.ov , kiss. the Owner and other determined exposwes. Exposures of the Owner and the Construction Manager shag be deter b3 nt endorsements will be furroched t nstruCtion Manager. The Coro n M will be given sixty (601 days Pto(whichsha at�an. non - renewal. or an restricting or reducing coverage not intend to puhall inform the Cons Manager in writing prwr to the commencement of the ork. The Consuuction m t ins nce which will protect the interest of himself. the Trade Contractors and their Trade Subcontractors Project. 1 reimbursable pursuant to Article 7. It the Construction Manager is damage.�d by failure of the to purchase uch insuian a to so notify the Construction Manager. the Owner shall bear all reasonable costs pr attributable dwei Property Insurance Lo" kdjustment J Any insured loss shall be adjusteNth the Owner and the Construction Manager an payable to the Owner and Constn Manager as trustees for the insureds. eir interests may appear. subject to an plicable mortgagee clause. L2 Upon the occurrence of an insured loss. es received will be depos' in a separate account and the trustees shag m; ribution in accordance with the agreement of the par in interest. or in a absence of such agreement. in accordance with an rtion award pursuant to Articie 14. It the trustees are una to agree he settlement of the loss. such dispute shelf also be subs t0 arbitration pursuant to Article 14. i Waiver of Subrogation Ll The Owner and Construction Manager waive rights against each of the Architect/Engineer Trade Contractors. and v de Subcontractors for damages caused by pea overed by insurance provided er Paragraph .10.4. except such rights as they r e to the proceeds of such insurance held Owner and Construction Manager stees. The Owner shall require similar wan n an Trade Contractors and their Tra ubcontractors. L2 The Owner and Cons - Manager waive all rights against each other and the Archit Engineer. Trade Contractors ; r Trade Subcontractors for or damage to any equipment used in connection with the Project d covered by any property utce. The Owner shall uire similar waivers from all Trade Contractors and their Trade Subcontract L3 The Owne anres subrogation against the Construction Manager. Architect/Engineer. Trade Contractors. d their Trade S, tractors on property and consequential toss policies carried by the Owner on adjacent properties and unft pr o and con ntial olicies purchased for.the Project after its completion. It the policies of insurance referred to in this Paragraph require an endorsement to provide for continued coverage where ARTICLE 11 Termination of the Agreement and Owner's Right to Perform Construction Manager's Obligations 11.1 Termination by the Construction Manager 11.1.1 It the Project is stopped for a period of thirty days under an order of any court or other public authority having jurisdiction. or as a result of an act of government. such as a declaration of a national emergency making materials unavailable. through no act or fault of the Construction Manager. or it the Project should be stopped for a period of thirty days by the Construction Manager for the Ow rm*s failure to make payment thereon. then the Construction Manager may. upon seven days' written notice to the Owner and the At dwtect/Enguneer. terminate this Agreement and recover from the Owner payment for all work executed. the Construction Manager's fee earned to date. and for any proven loss sustained upon any materials. equipment. tools. construction equipment and A cluding reasonable profit and damages.� rt� 11.2 Owner's Right to Perform Construction Manager's Obligations and Termination by the Owner for Cause 11.2.1 if the Construction Manager fads to perform any of his obligations under this Agreement. the Owner may. after seven days' writ- ten notice during which period the Construction Manager tails to perform such obligation. make good such deficiencies: 11.2.2- It the Construction Manager is adjudged a bankrupt. or it he makes a general assignment for the benefit of his creditors. or if a receiver is appointed on account of his insolvency. or persistently disregards laws. ordinances. rules. regulations or orders of any pubes authority having jurisdiction. or otherwise is guilty of a substantial violation of a provision of the Agreement. then the Owner may. without prejudice to any right or remedy and after giving the Construction Manager and his surety. it any. seven days' written notice. dur- ing which period Construction Manager fads to cum the violation. terminate the employment of the Construction Manager andtake- possession of the site and of ad materials. equipment. tools. construction equipment and machinery thereon owned by the Constructior. PAGE 12 •I!P ww...�.w. Yw taw _ — — mw rayon anu may nntsn ine Yrolect oy wnaiever goWod he rtwy deem expeddent. M .�,ft• entitled to receive any further payme�• i id finished rwr,shan he be refieav _"' truCtio�ttort l sftep not be under Article � 11:3 Termination by Owner 1Mthout Cause 11.3.1 It the Owner terminates this Agreement other than pursuant to Subparagraph 11.2.2 or Subparagraph 11.12. has" retrnbur9e the Construction Manager for any unpaid Reimbursable Cost of the project due him under Article 7• plus (1) the unpaid balance of do fee computed upon the Cost of the Project to the date of termination at the rate of the percentage named in Subparagraph 6.2,1 or i1 the Construction Manager's Fee be stated as a fixed sum. such an amount as win increase the payment on account of his fes to a sum which bears the same ratio to the said fixed sum as the Cost of the Project at the time of termination bears to a reasonable estimated Cost of the h Project when completed. The Owner shall also pay to the Construction Manager fair compensation• either by put a rental at the election of the Owner• for any equipment retained. In case of such termination of the Agreement the Owner shop further aswme and become liable -for obligations. commitments and unsettled claims that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project. The Construction Manager shall. as a condition of receiving the payments re ferred to in this Article 11. execute and deliver all such papers and take all such steps. including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Construction Manager under such obligations or commitments. 1142 After the completion of the Design Phase, if the final cost estimates make the Project no conger, feasible from the standpoint. the Owner. the Owner may terminate this Agreement and pay the Construction Manager his Fee in accordance with of Subparegraph Q.1: t plus any costs incurred pursuant to Article 7. ARTICLE 12 Assignment and Governing Law 121 Neither the Owner nor the Construction Manager shall assign his interest in this Agreement without the written consent a,: the other except as to the assignment of proceeds. 122 This Agreement shall be governed by the law of the place where the Project is located. ARTICLE 13 Miscellaneous Provisions ETHICS STATEMENT The undersigned hereby represents and warrants to the Village of Buffalo Grove as -a term. and condition of acceptance of their bid. that none of the following Village officials is either an officer of director of supplier, or owns five percent (58) or more of supplier: The Village President; the members .of_ the Village. Board of Trustees; the Village Clerk; the Village Treasurer; the members of Zoning Board of Appeal and the Plan. Commission; the Village Manager and his Assistant or Assistants; the heads pf. various departments within the Pillage. If the foregoing representation and warranty is inaccurate, state the name of the Village official who is either officer or director of your business entity or owns five percent (5 %) or more thereof. PUBLIC ACT 85 -1295 - PUBLIC CONTRACTS - BYD'RIGGING AND ROTATING - KICKBACKS - BRIBERY The undersigned Contractor does hereby certify that it is not. barred from bidding on the Contract as a result of a violation of either Section 33E -3 or 33E -4 of Chapter 38, "Illinois Revised - Statutes ". PAGE 13 - Arbitration 1 AN claims. disputes and other matters in question arising out of, or relating to. this Agreement or the breach thereof, except res the Architect /Engineer's decision on matters relating to artistic effect. and except for claims which have been making or tance of final payment shop be decided by arbitration in accordance with the Construction Indus t the American Arbl Association then obtaini unless the W lion Rules n9 parties mutually agree otherwise. This A to arbitrate shah specifically enforceable u the prevailing arbitration law. 14.2 Notice of the demand for arbitra It be filed in writing with the other party to ' greement and with the Ammon Arbitra- tion Association. The demand for arbitration made within a reasonable ' ter the claim. depute Of other matter in question has arisen. and in no event shall it be made after the hen institution or equitable proceedings based on such claim. dspute or other matter in question would be barred by the appfiica t limitations. 14.3 The award rendered by the arbitratomshan be fi nd judgment m entered upon it in accordance with applicable ra in arly� court having jurisdiction thereof. re 14.4 Unless otherwise agreed' the Construction Manager short continue to car out ' �► esponsibiGties under this Agreement and maintain the Contras ptetion Date during any arbitration proceedings. and the Owner sw co to make Payments in accor- dance with. this t: 14.5 claims which are related to or dependent upon each other. shalt be heard by the same arbitrator or arbitrators h ft are-not the same unless a specific contract prohibits such consolidation. This Agreement executed the day and year first written above ATTEST:. J_Oet. M. Sirabian, Village Clerk. WA ATTEST. I OWNER: Vn a a or BQFFAW GRM By Verna L. Clayton, Village Pr sident. CONSTRUCTION MANAGER: or Nn win •. Mp..co .n ....es. •.... ewe. _ __ - - _ - °O •o EXHIBIT A REIMBURSABLES _ Reimburs_ables applic� le to the design and construction of the 1A��c�osed Villlppagse of Buffalo Grove Municipal Project, but not trade related xkxw as ** shall not exceeodl S1s,b00. It is acknowledged that these-costs are projected" to amount to $85,000.: The various elements of these reimbursable may be A) Job -site supervision B) Job -site secretarial C) Construction trailer office and equipment rental D) Construction trailer office telephone expenses E) Temporary toilet facilities F) Temporary utility charges and expenses and fees. G) Testing services for soil, concrete,.. steel H) Temporary enclosures and winter conditions I) Temporary protection and safety J) Pumping, dewatering and soil erosion control X) Rubbish removal services L) Temporary roads, fence and job -site enclosures M) Watchman and security services N) Clean -up and miscellaneous labor O) Printing, blueprinting and messenger expenses (during design, bidding and construction) P) Tool and equipment rental Q) Municipality bond fees and permit fees R) Surveying ' "`�cx7d4o�ca8�oc T) Surpervisory system (to be provided only after written direction from Village) U) Handicap signs V) Job sign W) Computer scheduling (not to exceed $3500. billed on an. hourly rate- of $70/hr._ This X) Dedication plaque will be in a form comparable to the sample provided to the. Y) Liability insurance premium village). Z) Miscellaneous caulking and materials AA) P.V.C. pipe under drives BB) Job progress photos ry CC) Paint roof top equipment and meters M) Architectural Rendering PAGE 15 TO: Jane Olson FROM: Gregory P. Boysen, Director of Public Works DATE: May 8, 1990 SUBJECT: Fire Station No. 27 Improvement Jane, I am transmitting the Village's copy of with McLennan & Thebault, Inc. for the design Station-No. 27. Please retain this original contract document If you have any question concerning this matt, Gregor Olsen attachment GPB:lm:F82:GREGF the fully executed agreement and construction of Fire in the Village Clerk's files. 2r, please let me know.