1990-380 W
RESOLUTION NO. 90-38
A RESOLUTION APPROVING AN AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES
FOR THE BUFFALO GROVE POST OFFICE IMPROVEMENT
WHEREAS, the Buffalo Grove Village President and Board of
Trustees desire to implement the timely construction of a Post Office
facility in the area of Buffalo Grove Road and Checker Road; and,
WHEREAS, construction management services are desired in order to
efficiently implement the design and construction of the Post Office
facility;
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 Post
Office located east of Buffalo Grove Road and north of Checker Road"
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: 4 - Marienthal, O'Malley, Kahn, President Clayton
NAYES: 0 - None
ABSENT: 3 - Reid, Shifrin, Mathias
PASSED: August 6 , 1990
APPROVED: August 6 1990
APPRO D: r°
Village President
ATTEST:
VilUge Clerk
GPB:lm:E67:GREGE
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STANDARD' FORM OF AGREEMENT
BETWEEN OWNER.AND
CONSTRUCTION MANAG E-R
(OWNER AWARDS ALL TRADE CONTRACTS)
Tlds Document has important legal and insurance consequences; consultation with an attorney is encouraged Wth
to its campletion of modircatba t
AGREEMENT
Made this day of Amt -
in the year Nineteen Hundred andxsnee1
BETWEEN
Y122a9e of Buffalo Grona
the Owner; and
McLennan s Tnebault Znc. the Construction Manager,
For services in connection with. the f9llowing described Project: (include complete Project loca
and scope) Buffalo and construction o , d�
p Buffalo Grove
• located
Post Office east of Buffalo Grove Road and north of Checker Road
The Architect/ Engineer for the Project is Harris t x„asex Architects, Inc,
Tha Owner and the Construction Manager agree as set forth below:
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Aftn4 & J
I
The Construction Team and Extant of Agreement ......... . ....... I
2
Construction Manager's Services
. ................. ......1
3
The Owner's Responsibiities
.... .:............................4
4
Trade Contracts ............... ..............................4
5
Project Schedule ...............
..............................5
6
Construction Manager's Fee ..... ...
, _ .......................5
7
Reimbursable Costs ........... %
..............................d
S
Changes in the Project .....:.... ..............................7
9
Payments to the Construction Manager
.........................7
10
Insurance. Indemnity and Waiver of Subrogation .................7 .
11
Termination of the Agreement and Owner's Right to
Perform Construction Manager's Obligations ..................9
12
Assignment and Governing taw ..............................
• IT
Mince aneous Provisions ........ .............................10
14
Arbitration 11
• .7
•
*OrL action Team and Extant of A .me
The CONSTRUCTION MANAGER accepts the relationship of trust and conf►dence established Agreement. He Covenants with the Owner to famish his best skill and judgment and to him and the Owner by this
thering the interests of the Owner. He agrees to furnish efficient business administration
Cooperate with the Architect / rte � he-
torts to complete the Project in the best and soundest way and in the most ex pmkalthmen� and to use his best of.
West of the Owner, expeditious and economical manner consistent with the in.
1.1 The Construction Team: The Construction Manager. the Owner- nd the Architect/
Team-
work from the beginning of design through consw=nd ompleu * he Conswction M called "Construction Team" shat
suction Team on all matters relating to constructio final acceptance by the oxne and issuanceof leadership certificate Cooefh-
occupancy by the owner.
1.2 Extent of Agrees wr This Agreement repre5ents the entire agreement between the Owner tlhe Construction Manager and
supersedes all prior negotiations. representations or agreements. When Ora win sand S
lifted by amendment to this Agreement. This Agreement shall not be superseded b Specifications are complete. they Shan be den.
and may be amended only by written instrument signed by both Owner and Construanny M �� of the documents for construction
1.3 Definition*
1.11 The Project is the total constn4tion to be managed under this Agreement.
1.3.2 The Work is that part of the construction that a particular Trade Contractor is to perform and such Genera! Condition !toms
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 facifities or performance
struction Manager for items which do not tend themselves readily to inclusion in one of the Pe mar►ce of work try '
lion items may include (but are not limited to) the following: watchmen; scaffold, separate trade contracts. General cord.
cleaning; dirt chutes; cranes; shanties; ng; hoists: signs; safety barricades: water boys; Pfeparation for ceremonies including minor construction activity in connection therewith; tem.
porary toilets; fencing; sidewalk bridges; first aid station; trucking; temporary elevator. special
porary heat. water. and electricity; temporary protective enclosures. field office and related costs equipment:
thereof such as equipian; hem_
nishings and office supplies; progress. final and miscellaneous photographs; messengers installation of Owner furnished fur-
and planking; general maintenance; subsoil exploration; refuse disposal; field and taboret nished items: post
surveys; bench marks and monuments; storage on -site and off -site of long lead procurement items tests of concrete. steel and sours;
tion work when it is not feasible for the Owner to secure competitive b►ds or r aneous.minot construe.
P opouls thereon.
1.34 The term day *she;l 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 During uewiect Dftelopment: Advise the Owner on site selection and
feasibility studies. Schedule and attend regular meetings with the Architect/ Participate in development of project
preliminary design to advise on site use and improvements ^gi^� during the development of conceptual and
Provements. selection of materials, bu►lding systems and equipment. Provide recom.
mendations on construction feasibtTty. availability of materials and labor. time requirements lot installation and construction, crux!
factors related to ecst including costs of all designs or materials. preliminary budgets. and possible econom,es.
2-1.2 Scheduling: Develop a Project Schedule that coordinates and integrates the Architect /Engineers design efforts and the
Owner's activities with construction schedules. Update the Project Schedule incorporating a detaled schedule for all activities of tfhft
project, including ;ealistie activity sequences and durations. allocation of tabor and materials. processing of
samples. and deli ery of products requiring long lead -time procurement. Include the Owner's occu �P drawings
tions of the Project having occupancy priority. pancy requirements showing w-
2-1-3 Aroiect Con: ttwtka Bu dget.• Prepare a Project budget as soon as major Project requirements have been identified, and update
periodically for the (Mm's approval. Prepare an estimate based on a quantity survey schematic design phase for approval by the Owner as the Project Construction Budget. Drawings and Spedficalions at the end of the
ptoval as the clever �pment of the Drawings and SPecificas proceeds, and advise th Owner and the achitect/E sneer it it i�� �
the Project Construction Budget win not be met and make recommendations for corrective action. appears that
PAGE 3
•ww A..... ... M. fry
1Ql1efr%a;*.wiuuunz whenever oesiyn III - 5trucuon-1eas:p1lJry or Schedure3,i Xputr er. assumi
( irtaCidf rigineer's responsibilities to `''.ej (\ < n4 �nll of the /tr•
21.5 Construction Planning. Recommend for purchase by the Owner and exped.,,te the procurement of tong -lead item to ensure
their derrvery by the required dates.
21.5.1 Make recommendations to the Owner and the Architect/Engineer regarding the division of Work in the Ora"rtgs and
SpeoCrcatrons to facilitate the bidding and awarding of Trade Contracts. allowing for phased construction taking into consideration ;
such factors as time of .performance. availability of labor. overlapping trade jurisdictions. and provisions for temporary faolities.
21.3.2 Review the Oiawings and Specifications with the Architect/ Engineer to eliminate areas of conflict and overlapping in Cte
Work to be performed by the various Trade Contractors and prepare prequalification criteria for bidden, r
2-VU Develop trade -Contractor interest in the Project and as working 0rawings and Specifications are completed. assist the
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.
21.6 Equal Employment Opportunity: Determine applicable requirements for equal employment opportunity programs for indus,on
in Project bidding documents.
22 Construction Phase ,
Direct
221 Project Control.- MQR4.w 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 Protect 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 plans of the Construction Team.
211.3 Establish procedures for coordination among the Owner. Architect/ Engineer. Trade Contractors and Construction Manager
with respect to an aspects of the Project and implement such procedures. .
2.21.6 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 schedul.
ed and probable completion dates. Review schedule for Work not started or incomplete and recommend to the Owner and Trade Con.
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 ttte availab,Zty 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,
212 Provision of fac!llriex Provide all supervision. tabor. materials. construction equipment. toots and subcontract items w" are
necessary for the completion of the General Condition Items which are not provided by either the Trade Contractors or the Owner.
223 Cost Control• Oevetop and monitor an effective system of Project cost control. Revise and refine the initially
Construction Budget. incorporate approved changes as they occur, and develop cash flow r approved Project
reports and forecasts as needed, fQerttity
variances between actual and budgeted or estimated costs and advise the Owner and Architect/Engir►eer vhenever proje:ted Cast a,
c>eeds budgets or estimates.
223.1 Maintain cost accounting records on authorized Work performed under unit costs. actual costs for tabor and m ierials..or other
basis requiring accounting records. Afford the Owner access to these records and preserve them for a period of>tlsrmJ4 , -ears after rural
payment Seven (7)
* *subject to owner's approval
224 Change Order*'Develop and implement a system for the preparation, review and processing of Change Orders. Recornnw4
necessary or desirable changes to the Owner ,nd the Architect/Engineer. review requests for changes. submit recommerdations to the
Owner and the Architect /Ertgirteer. and assist in negotiating Change Orders.
2.2.5 Paymmrs to Trade Contracto+a: Develop and implement a procedure for the review. approval, processing and payment of app6q-
tions by Trade Contractors for progress and final payments.
PAGE 4
v vxtt(ncnC3, nxuuuing any perm is reqr dined by the various Trade Contra wc)�r rear Pefrmts ta` punt kri.
�aCilrti'rS,, etc. •Assist in obtaining apPr from ad .ermits for inspection, tempomy
described above shall include all needed activity wit pwnar y ity being onlyttocon Manager's assistance ars
sign properly prepared forms.
2.2.7 Owner's Consultants; If required, assist the Owner in selecting and retaining
laboratories and special corhwitanu, and coordinate t professiortial services of a surveys tea .
that the Constructi nM� Setv�e3•iUnless otherwise agreed in writing it is understood
�eimb r�ab�e.V �CV. will controct for succh consultan ts ash requifed with 8agent provided by Village as
evreSVO nods Reserves right to aadp rove costs or hese i ems n a van
223 f lVYOnt a a evrew the Work of Tr a Contractors for detects and deficiencies ce.)
ef< sf�a�xchiteaatfmgiaaerCs >rapoasrDil'Kie�foadesig� Review the safe � in the Wo ��
and make appropriate recommendations. in making such reviews. he shag not i e required t maker ms of each d�rade Contractors
to check safety precautions and programs in connection with the ProjecL The performance of such enuaus inspectiom
sttvction Manager shad not relieve the Trade Contractors of their responsibilities for performance of the work and for safety f
sons and property, and for compliance with all federal. state and local statutes, rules, regulations and orders apprrC$b{g to the conduct of
ft Wort. Provide inspections to check quality of work.
2.2.3 /DOMme t Interpretation: Refer an questions for interpretation of the documents prepared by the Architect/
to the At.
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. ped
2211 Reports and Project Site Documents: Record the Progress of the Project. Submit written progress reports to the Owner and
Architect/ Engineer including information on the Trade Contractors' Work, and the Percentage of completion. Keep a daily 4 available to ft
the Owner and the Architect/ Engineer.
2211.1 Maintain at the Project site, on a current basis: records of all
equipment, maintenance and q necessary Contracts. Drawings, samples, purchases, materiarts,
operating manuals and instructions, and other construction related documents, including an revisions ots.
tain data from Trade Contractors and maintain a current set of record Drawings, SPecif►cations and operating manuals. At the completion
Of the Project, deliver all such records to the Owner.
** subject to Village approval,
2.2.12 Substantial Complerion tetermine Substantial Completion of Work or designated portions thereof and
.
chitect/Engineer a list of incomplete or unsatisfactory items and a schedule for their completion. Prepare for the At-
2-X13 2-213 Stan -Up. With the Owner's maintenance personnel, direct the checkout of utilities,
readiness and assist in, tftsir initial start -up and testing by the Trade Contractors. operations systems and equipment for
** Subject to Village's approval
2 211 Fna/ Campletaon betermine final completion and provide written notice to the owner
ready for final inspection. Secure and transmit to the Architect/ Engineer and A►chitect/Engineer that Worth is
Turn over to the Owner an k required guarantees, affidavits, releases. bonds and waiver„
eys. manuals, record drawings and maintenance stocks. A complete set of reproducible as -built
U plans. will be submitted for the entire project which also comply with development ordinance requiresents for
bu It lans.
IV Warranty. The Construction Manager shad collect and deliver to the Owner any specific written warranties or antees '
by others. including all requited Trade Contractor guarantees and warranties. given
23 Additional Services
At the request of the Owner, the Construction Manager will provide the following additional services u
the Owner and Construction Manager defining the extent of such additional Pon written agreement between
lion Manager will be compensated for such additional services, services and the amount and manner in which the Constrvc-
211 Services related to investigation, appraisals or valuations of existing c or4itions, facilities or equipment, or verifying � accuracy
of existing drawings or other Owner.furnish W information.
Wien! 91 quehAq-ef4.
2.3.2 Services made necessary by the de fault of a Trade Contractor.
2.3.3 Preparing to serve Or serving as an expert witness in connection with 'any
ceeding. pro-
PAGE 5
2.3.4 inspections of -and services dated to the Project after completion of the se
rviCes under this Agreement.
2.3.5 Providing any other service not otherwise included in this Agreement,
ARTICLE 3
• Owner's Responsibilities so
3.1 The Owner shag provide fun information- regarding his requirements for the Project.
3.2 The Owner shall designate a representative who shag be luny acquainted with the Project and has authority to approve stnuction Budgets, Changes in the Project, render decisions promptly consistent with Project ry Project Con,
pedidously. j Schedule and furnish information ex.
Constriction Manager
3.3 The Bwm" shag retain an Architect/ Engineer for design and to prepare construction documents for the Project, T}se-„
GNIGG4 --- - ti
be fm
od' Said design and construction documetts shall be Subject to approval l by legally required site detention.)
j pproval by the owner.
3.4 The Own 5hall fumy for he site of the Project alt a
a.�i[% Comm en
ryaxrarey9�dgsthetph3 'm'C��uu'ffvttfN111iP�cx�glc�
ens dl laws will be evaluated b the construction i manager and the project will be designed and constzvcted and a legal description. Irxcept building codes, site development
reawsh )
inaccerdance
i ne Owner shag secure and pay for necessary appr ovals. easements. assessments and ctwges
occupancy of permanent Mctures or for permanent changes in existing facilities, required for the consuvedon, use or,
16 The Owner shall furnish such legal services as may be necessary for providing
services as he may require. the items set forth in Paragraph 3.5. and such auditing
Wxx
�ldE�i �tii43c' �' RbirfExx' �tsna�e�erilt�adcxRv ;¢t�ouocd:�a'4�a�t���lct`t�{
Ii�l�!��tfiH°°r
3.3 . The Owner Shan provide the insurance for the Project as provided in Paragraph 10.4, and shag Dear the cast of any bonds required
3.! The �� information, ��s>t&requued by the above 3.4
the Owner's expense. and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof.
110 If the Owner becomes aware of any fault Of defect in the Project or non - conformance with the Drawings � SpecirKad
shaJf give prompt written notice thereof to the Construction Manager, ors. he
3.11 TfiecOvsrRQKZteeN�fiera�, rnv� ,.�rlrMuvvny.ww......r.t_ - - - - -- - _
3.12 The Owner shat communicate with the Trade Contractors only through the Construction Manager.
ARTICLE 4
.I
Trade Contracts
4.1 All portions of the Project other than General Condition Items shag be
general construction work with sever at construction trades. The Construction performed under Trade Contracts including contracts for
Proposals from Trade Contractors and Trade Contracts will be awarded D Manager shalt after t the Owners requesting and receiving
chitect /Engineer, Construction Manager and Owner. The Construction Manager shall pre the proposals are reviewed by the Ar-
contract forms complete and ready for final approval by the Village, prepare all bidding documents and
42 Trade Contracts will be between the Owner and the Trade Contractors,
Supplementary Conditions shalt be satisfactory to the Construction Manager, These trade Tcoatractsas al including b�e� the Ge� al and p
the Construction Manager and submitted for final Village approval. '
PAGE 6.
Project Schedule
6.1 The services to be provided under this Contract shall be in general accordance th f
The .project shall be fully completed including all punch list items D �ece er��
x�� E(XGtiiXB� g� y 1991 provided the
Village authorizes award of necess
unless some other schedule is mutually agreed to.Y subcontracts no cuter than March 4, 1991,
5 2 At the time work commences. a gate of Substantial Completion of the
Pry setae also be established.
S.3 The Date of Substantial Completion of the Proiect Ora designated portion thereof is the date when
&to in accordance with the Drawings and Specifrcaaons so the Owner can occupy or utifue the P � sulttc�ertdy '
the use for which it is intended. Warranties Canted for by this Agreement t or designated ��n thersot for
g�f a by the Drawings snd Specifications shall Commence on the
Date of i�__ti Completion Of the Project or designated portion thereof. at is a
permit s a prerequisite for substantial completion. It is also agreed that drawings ana of as occupancy
e cr be auu work re ed foL M01 r� g specifications will
If the Construct,o�t' anager a t ny tint +3 in the progress of the Project by any act cur xft4mg�r by any employee or neglect of the Owner or titf �.
by any separate contractor employed by the Owrter'�
jest. or by tabor disputes. fire, unusual delay in transportation, adverse weather cort�tiors not onab�ty'�pat�abfe� in Pro-
casualties or any causes beyond the Construction Manager's control, or by eathe authorized by the Owner A3vOidabSe
struction Completion Date shat be extended by Change Order for a reasonable Length of tune approved by the owner Cart~
***(not covered in the scope of the work under the coordination of the construction manager)
ARTiCLIE 6
Construction Manager's Fee
this
6.1 In consideration of the-performance Of,Contract. the Owner agrees to pay the Construction Manager
pensat►on for his services a Construction Manager's Fee as set forth to Subpar r . current funds as '
Subparagraphs 6.1.1 and 6.1.2
6.1.1 For the rforrAince Of the 134;780.00'
pe Design Phase services. a fee of S _
which shalt be paid monthly, in equal proportions, based on the scheduled 0
esign Phase tort`
. ' 5.8 **'final subtrade
6:12 For work fir services performed during the Construction Phase, a tee of XGXI
• of*censtzvctioa casts.
**subtrade — -•
which shall be paid proporvonatety to the ratt0 the monthly payment for the*Cmt of the Project
ar
ct bs to the 05WNtedcost. Any balance
of this fee steal! be paid at the time of frtal payment,
62_ Adjustments in Fee " be made as follows:
� 1 4 hanges in the Project as provided in Article 8. the Construction Manager's Fee sha@ be adiusted by X5.8 X,
�8 bOnal Cost of the work for increases in the scope of� he Proleot, Reductions in the cost of the work rillll lasso result
the add,
• 1n X% reductions in the construction managers fee.
6.22 for delays in the Protect not the t es ** architect /engineers, subcontractors and/or material suppliers
ponstbrlity of the Construction Manager*lhere "A be an stable adjusm*n . tie f
compensate the Construction Manager for his utcreased expenses. OverheadtFtfttfrprObLand reimbursables
an eimbursable:c-
623 The Construction Manager shalt be paid an additional fee in the same proportion as set forth in 6.2.1 it Manager
I
performs services in connection with the reconstruction of any insured or uninsured lost. he Construction
Included
6.3 hoohnist6 in the Construction Manager's Fee are the follow q:
6.3.1 Salaries or other compensation of the Construction titanager's empl oyees at the prirtdpai officio and branch off s,
ac
C3.2 General operating expenses of the Construction Manager's principal and branch offices other than the field offuq.
6.3.3 Any part of the Construction ManaW's capital expenses, r ch4ng interest on the Construction M -
the Project. Manager's capital trttptoyeQ
6..3.4 Overhead or general expenses of &ny ". except as may be expressly rnduded in Article 7.
PAGE 7
l
Refmbursabfe Cost -a
tt Udbtt A and sada
7.1 The Owner agrees to pay the Constnxtion Manager for the retmbursabte costs he incurs as darned in a Paxt of this Contract.
shall be ,n addition to the Construction Manager's Fee stipulated in Article 6. Such payment
�.2. Wages paid for tabor in the direct employ of the Construction Manager in the
it�cab colteCtive bargaining agreements, or under a salary or wage schedule r performance of General Condition Items under P.
�cludin uch welfare or other benefits. if any, as a9 eed upon by the Owner and Construction Mangy , and
Y payable with respect thereto.
.2.2 Safari of the Construction Mans er's employees 9 P Yeas when stationed at the field office. in whatever capacity
ngaged on the ad in expediting the production or transportation of materials and equipment. and a 10
es
ce performing t functions listed below: mPbYees in the or branch Of-
.2.3 Cost of all employee benefits and tax for such items as unemployment compensa
aced on wages. salaries, or other remunerat,o aid to employees of the Construction
.2.2.
1 The proportion of reasonable transportation, t
employees incurred in discharge of duties connec
Cost including rental of all materials. suppler and
Ktation, storage and-maintenance thereof.
moving. and hotel
the Project. /
'.2t3 Cost of the premiums for all insurance which the /Const necessary by the Construction Manager.
.2.7 Sates. use, gross receipts or similar taxes related
truction Manager is liable.
and social security, insofar as such cost is
er referred to in Subparagraphs 7.2.1 and
Of the Construction Manager or of his officers
to perform General Condtion items. kxkrdng costs
Manager is required to procure by this Agreement or is
by any governmental authority. and for which the
i 2_11 Permit fees. licenses, tests. royalties. dams for infringement of patents a
or causes other than the Constriction Manager' t►gence. U royalties or bsses a costs of defending suits therefor. and deposits Lost
rhir_h arse from a particular n, process. mages. including costs of defense
'9 the product o1 a particular manufacturer manufacturers • are k'CUaed
lutectlEngrneer, and the Constn,ct,onMa er has no reason to believe there will be infriif'� or Ar-
nd damages shall be paid by the Owner t Of patent rights, such royalties. losses
29 losses, expenses or damag o the extent not com ensated
sn approval of the Owner.) P �'nsurance or otherwise li ding settlement
made with the writ.
110 Minor expenses suc telegrams. tong- distance telephone calls. telephone service at the site. xpressage. and simlar
ash items in connection h the Project,
.2.11 Cost of remo�l of an debris.
l.2.12 Zegalcosts ed due to an emergency affecting the safety of persons and property.
.2.13 a processing services required in the performance of the services outlined in Article 2.
221 reasonably, and pr operly resulting from prosecution of the Project for the Owner.
A I costs directly incurred in the performance of the Protect and not included in the Construction Ma
ih 6A.
naWs Fee as set
PAGE 8
• Changes In the Project
&I The Owner. without invalidating this Agreement may order Changes ;n the Project within the nerad
sisting of additions, deletions or other revisions; 9e ape of t�iis Agreement con.
Construction Completion Oate be' adjusted accordingly. the Construction Manager's Fee and the
being 1 ngM• All such Changes in the Project shad be authorized by Change order.
i.2 A Change Order is a written order to the Construction Manager signed by the Owner or his authorized agent ;slued after the execu-
tion of this Agreement, authorizing a change in the scope of the Project, services 10 be provided. and /or the Construction Manager's fee
or the Construction Completion Oate. The Construction Manager's Fee shat) be adjusted as provided in Paragraph 6.2.
(8.2 - See attached sheet 411)
ARTICLE 9
Payments to the Construction Manager
Al The Construction Manager shaft submit monthly to the Owner a statement. sworn to Zwme fired( showing in detail aA moneys tad
out. costs accumulated or costs incurred on account of the Cost of the Project during the previous month and the amount of the Con.
be made Manager's Fee due as provided in Artie Y. Payment by the Owner to the Construction+ Manager of the statement amount shaK
be mach within tsar -ti0a days after it;s worrruIf' The monthly statement shall be in a form mutually agreeable to the
thirty (30) Village and the construction manager
9.2 Final payment consul . the unpaid balance of the Cost of the Project and the Constnuction M en's Fee shag be due and
payable when the Proiect �s , pod.. E.,, r.�,..�c..; ,�...�. ___ - - - - -- -
'. r'vertz'svoeca nil this Agreement "i�afi ;.
ompletely done, lncludinq all final punchlist items ,0 & M manual deliveries, as built pi submi a7, etc.
9.3 It the Owner should t4�1Q to pay the Construction Manager within seven (7) days after the time the payment of any amount becomes
due *# 6r u�ji$�i'15 %a V may, upon seven (7) additional days' written notice to the Owner and the Arch;t
the Project until payment of the amount owing has been received. ect/Eng►neer. stop
_• .a.: .r t:..c� ;, -...�, ..t t.�•.
ARTICLE 10
Insurar,:e, indemnity and Waiver of Subrogation
For purposes of this article 10 owner shall mean the Village of Buffalo Grove, its employees, and
10.1 Indemnity es, aofficers.
10.1:1 The Construction Manager agrees to indemnify and hold the Owner harmless from al claims for bodily
damage (other than the work itself and other property insured under Paragraph 10.41 that ry property
operations under this Agreement. pY arise from the Construction Manager's
**provide insurance to indemnify
10.12 The Owner shag cause all Trade Contractors to agree to°hdemxity the Owner and the Construction
harmless from all claims for bodily injury and property damage (other than raph Manager and hold them
that Contractor's operations. Such provisions shat( be in a tom satisfactory to the Construction Manager. e h 10.4) that may arise hem
102 Construction Manager's LLbitity Insurance
10.21 The Construction Manager shag 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.
10.21.1 Claims under workers' compensation. disability benefit and other similar employee benefit acts which are applicable to the
work to be performed.
10.212 Claims for damages because of bodily injury, occupational sickness or disease. or death of his employees under any applicable
ernployWs tiabir;ty taw.
102.1.3 Claims for damages because of bodily injury. or death of a,Iy person other than his employees,
10.21.4 Claims for damages insured by usual persona( injury liability coverags which are sustained (1) by any person as a result of an of-
tense directly or indirectly refated to the employment of such person by tht Construction Manager or (a by any other person.
PAGE 9
SHEET fl
ARTICLE 8.2
(The construction manager will cause to be completed and provide payment if necessary to cause to occur
any work which is omitted in the plans and specifications which 1s needed to make elements or systems
specified in the plans properly operable. Any items of the work which are requested in writing by the
Village which are not deleted through a written notice to the Village will be provided by the construction
manager at no.cost to the*Village.
Darr to
10.2.1.0 Claims for damages because of bodily injury or death
maintenance or use of any motor vcl>lcte.
C
. -- IU-19
of any person Of property damage arising out of the ownersh;P
10.22 The Construction Manager's Comprehensive General Liability Insurance shall include premises — operation$ Gndudirng exptp.
$ion. cotlapse and underground coverage) elevators. independent contractors. completed operations, and blanket contractual gability on
adt written contracts. all including broad form property damage coverage.
10.13 The Construction Managers Comprehensive General and Automobile Liability Insurance, as required by Subparagraphs 10.21
and 10.2.2 shall be written for not less than ruriits of liability as follows:
Oabrella
s. Comprehensive General liability
1. Personal Injury
2. Property Damage
b. Comprehensive Automobile Liability
1. Bodily Injury
2. Property Damage
54,000,000.00
=1.0001000.00 Each Occurrence
S CSL . Aggregate
ICompteted Operations!
S CSL Each Occurrence
$ Aggregate
111000,000.00 Each Person
CSL 1•xh Occurrence
= CSL Each Occurrence
1024 Comprehensive General Liability Insurance may be arranged under a single policy for the full limits required or by a combination
of undeily,ng policies with the balance provided by an Excess or Umbrella Liability policy.
10.25 The foregoing policies shag contain a provision that coverages afforded under the policies will not be candled or not renewed
until at least sixty (60) days' prior written nonce 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.
1A.3 Owner's Uabitity Insurance
10.3.1 The Owner shah be responsible for purchasing and maintaining his own liability insurance and. at his option, may purchase and
rnantarn such insurance as will protect him against chums which may arise from operauons under this Agreement.
10.5 Insurance to Protect Project Buffalo Grove will furnish bb00u9b0U3Dft9QcdL Builders Risk Insurance.
the full cost of replacxment as of the time of any toss. This insurance shag include as named insureds the Owner, tAe C
Manag Trade Coruractors and their Trade Subcontractors and shalt insure against foss from the perib Of Fie, Ex t
shalt Include •Risk" rsurance for physical t0s$ or damage including without dup6cabon of
coverage at it, vandal
cons mischief. V collapse. flood. earthquake. testing. and damage resulting from defecme design. a mate
Owner will increase IWir coverage. it necessary. to reflect estimated replacement con. The be responsible for any
ranee penalties or deductibles. 'he Project covers an addition to Or is adjacent to an exist . the Construction Mana,
W Contractors and then Trade Su bc actors shall be named as additional insureds Owner's Property Insurance cove,
t bwWtng and its contents.
.4.1.1 It the Owner funds of necessary to occupy or u ort,on or po dins of the Project " to Substantial Completion therec
:h occupancy shag not commence prior to a time rnutuatty the Owner and Constriction Manager and to which the i
ranee company or companies providing the property nnsuran v rented by endorsement to the policy or pokiM This insuran
0 not be cancelled or tapsed on account of such parts c.upar" Co t of the Constn,ction M
rty or companies to such occupancy or use she be unreasonably with anager and of the insurance con
42 The Owner shall purchase and tntain such baler and machinery insurance as required or necessary. This 4m(arw
A wncfude the interests of the . the Construcaon Manager, Trade Contractors and their Subcontractors in the Work
4.3 The Owner purchase and maintain such insurance as will protect the Owner and Construcbon iga,nst loss of a
Owner's pro due to those perils insured pursuant to Subparagraph 10.4.1. Such policy wil provide cover exped wv e
uses of ertals, contux,�ng overhead of the Owner and Construction Manager. necessary labor expense including ov loss,
y the Owner and other determined exposures. Exposures of ft Owner and the Construction Manager shag ik deter t
- -- - - -- - - -- - --�.1— -9 -- - - -- P _ . ._
_. -a- - - - - . —Q. rfw V9 Wyca =r fowl C�
at:on. non•nenewal, or" sc 3 restricting or reQucing coverage. ! 0% ,� not intend to pw
ante. aft =ec me Con' (+tanager in writing prior to the c of time Work. The Consuucwn m
effect ins wRidt will protect the interest of himself, the Trade Contractors and their Trade Subcontractors' Project. t
it of which sha rotimbursabte pursuant to Motile 7. It the Construction Manager is damaged by farIure of the to ptxcltase
intain such insuran or to so notify the Construction Manager. the Owner shall bear an reasonable Costs pr attnbutabts thaw
Property Insurance toss Mustment
41 Any insured loss shall be a(fratNNth the Owner and the Construction Manager payable to the Owner and Consu
Manager as trustees for the insureds, .r interests may appear. subject to %Z�abl%e mortgagee clause.
i.2 Upon the occurrence of an insured tars. es received will be depos' in s separate account and the trustees shalt m
ibution 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 Artily 14. If the trustees are una to agree he settlement of the foss. such dispute shall also be sub(
to arbitration pursuant to Arude 14.
i Waiver of Subrogation
L1 The Owner and Construction Manager waive rights against each of the Architect/ Engineer. Trade Contractors. and t
Is Subcontractors for damages caused by pen overed by insurance provided er Paragraph 10.4. except such rights as they r
3 to the proceeds of such insurance held Owner and Construction Manager steel. The Owner shall require similar war,
n all Trade Contractors and their Tr ubcontractors.
1.2 The Owner and Cons Manager waive all rights against each other and the Archit Engineer. Trade Contractors i
r Trade Subcontractors for or damage to any equipment used in connection with the Project d covered by any property
once. The Owner shaft uire similar waivers from all Trade Contractors and their Trade Subcontract
I.3 The Owne arves subrogation against the Construction Manager. ArchiteWEngineer. Trade Contractors, d their Trade S1
tractors on property and consequential lass policies carried by the Owner on ad}acent properties and under pro and sun
ntiai Gies purchased for.ths Project after its completion.
If 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 Conaauctfon Manager
11.1.1 If the Project is stopped fa a period of awry days under an order of" court or other public authority having wwsctuon, or as a
result of an as of government. such as a decsuation of a national emergency making materials unavailable. through no act at fault of the
Construction Manager. or if the Protest should be stopped for a period of thirty days by the Construction Manager for ttte Owner's failure
to make payment thereon. then the Construction Manager may. upon seven days' written nod" to the Owner and the At•
cfnterdf_ngumew. terminate this Agmerrwit and recover from the Owner payment for at work executed. the Construction &4r4gWs Fee
earned to date. and for any proven toss sustained upon any materials. equipment, tools. construction equipment and rmachinery. tole
cluding reasonable profit and damages.
11.2 Owns Right to Perform Consauction Manager's Obligations and Termination by the Ovmw for Cause
1121 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 Ccr4truction !,tanager faits to perform such obligation. make good such defioaerd
11.22 If the Construction Manager is adNdged a bankrupt. or if he makes s
receiver is appointed on account d his' �^�� assignment for the benefit of tots oxe�tors. or if a
rnsoh*ncy. or persistently disregards laws. or&nances. rules. regufatio ns, or orders of shy pubic
authority having jurisdicti^ or otherwise is Quitty of a substantW violation of a provision of the Agreement, then the Owner, may.
without prejudice to any right or rcn>tdy and after owing the Construction Manager and his suety. it any. seven days• written notice. dur-
ing which period Construction Manager Ws to cure the violation. terminate the employment of the Construction Manager and take,
possession of the site and of as materials, equipment. tools. construction equipment and machinery thereon owned by the Constr Kuw.
PAGE 12
.. ._ 'Y" .r w �� ywll .. t wig :� q �uusr�Q r>W i%3!1 he be rereer((� rn t �a - - - sswnted vr�Qet µmade Qo
11.3 • Termtnstfon by Owner Wttttiout Csuaa
i
11.11 It the Owner terminates this Agreement other than pursuant to Subparagraph 11.21 or Su .
the Construction Manager for" unpaid Reirr&rsabb Cast of tM Project due him under 11.12. he shat purse
computed upon the Cost of the Project to the date of termination at the rate of the Ar" name tit the urtpagraph &21 the fee
Construction Manager's fee be stated as a.Wd sum. such an amount as w q increase �e in nt of his fee Q.21 a w the
bears the same ratio to the said fixtd sum as the Cost of the Project at the time of tee OsYment account of his tee to alum wltid�
Proloct when completed. The Owns stud also pay to the Construction M motion bears to a reasonable estimated Cast of the
election of the Owner, for any equipment retained. In case of such ten- o i tion, either by punches+ or rental at t *
become liable for obrvtiom, coma iuwts and unsettled claims that the Construction A¢t'Wnent a Owner shall further r inc tie and
good faith in connection with said Project. The Construction Manager shat!. is a eonddw of r Dr f ken or to in ft
Article 11. execute and deriver alt such papers and take a# such steps. en0 Payments referred b in
Owner may require for the purpose of turfy vesting in him the rights and bee Car>stn�ction tot his contractual right$ . as the
conw itments. Manager under such obaWdom w
.11.3.2 After the completion of the Des;gn Phase, it the final cost estimates make the P
the Owner. the Owner may terminate this Agreement and pay the Construction M reject no ton W feasible from the SWWpOW of
pis any costs insured pursuant to Article 7. Paget his fee in accordance with Subparagraph 6.1.1
ARTICLE 12
Aasignment and Goveming Law
12.1 Neither the Owner nor the COMVU lion Manager shall assign his interest in this
outer except as to the assignment of proceeds. Agreement without the written Cartsartt by
1= This Agreement shat( be gwemed by the taw of the place where the Project is locate&
ARTICLE 13
Misesitaneous Provisions
=HICS §MTEMDa
The undersigned bereby represents and warrants to the Village of Buffalo Grote 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 fire percent (5t) 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 Mnager and his Assistant or Assistants; the beads pf various departments within
the Y111age. 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 fire percent (50 or more tbereof.
PUBLIC ACT 85- 1295 - PUBLIC CONTRACTS - B7D'RIGGIW.
ROTAT BER
The undersigned Contractor does bereby 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 Cbapter 38, "Illinois Revised Statutes ".
PUBLIC CONTRACTS
Section 11- 42.1 -1 of Chapter 24, Illinois Revised tatutes
The undersigned does hereby swear and affirm that: (1) it is not delinquent in the payment of any tax administered
by the Illinois Department of Revenue or (2) is contesting in accordance with the procedures established by the
appropriate revenue Act, its liabiility for the tax or the amount of the tax. The undersigned further understands
that making a false statement herein: (1) is a Class A Misdemeanor and (2) voids the Contract and allows the
Village to recover Ill amounts paid to it under the Contract.
• Signature: •�
J. And ew Jones itle
SubscribeWnd Sworn t before- me . Print Name: Vi P es,! !Lent PA 't this day of C f , 1990.
o any Public
OTHER MISCELLANEOUS PROVISIONS
(See PAGE
"Ol?FIm SEA6"
Lama Priebe
Notary Peblie. State 0 Qb PALL 13
lily Commission Expires �
OTHER MISCELLANEOUS PROVISIONS
A. The Construction Manager shall call all potential bidders to whom plans
have been, issued the day before the scheduled bid opening to remind them of
the bid opening and to inquire if they intend to bid.
B. The Construction Manager shall provide his analysis of bids and.
recommendation for the award of subtrade contracts to the Owner in writing as
promptly as possible after bids are opened. The analysis of bids shall
include a typed tabulation of all bids received and also the Construction
Manager's estimate of costs which has been pre- approved by the Owner's
representative in advance of the bid opening. The tabulated estimate shall
include estimates for all pre- identified alternatives which are specified in
the bidding documents. A draft notification letter to be signed by the Owner
to each subtrade contractor who is recommended for contract award shall be
submitted with the Construction Manager's bid analysis and recommendation.
Following Owner's approval and execution of the notification letter, the
Construction Manager shall promptly have the notification letter delivered by
messenger or mail with a delivery receipt executed by the bidder being
promptly returned to the Village.
C. The Construction Manager and his subconsultants shall coordinate as
necessary with the future tenants representative designated by the Owner.
Minutes of all communications between the Construction Manager or any of his
subconsultants and the Owner's future tenants representative must be prepared
by the Construction Manager or his subconsultants and delivered to the
Owner's representative within 3 working days from the time of any such
communications.
D. Monthly coordination meetings between the Construction Manager and Owner
and invited representatives of the future tenant shall occur regularly each
month throughout all phases of the project unless otherwise mutually agreed
by the Owner and Construction Manager.
E. In no case shall the total fee and all other reimbursable or other
expenses which are paid to MTI for a completed "Bid Ready" design exceed
$180,000.00.
GPB:lm:H8:GREGH PAGE 14
� l
Arbitration
C �
1 All claims. disputes and other matters in question arising Out of, a relating to, tha Agreement or the breach tharaot, except
res the Architect
/Engineers decision On matters relating to artistic effect. and except fa cfa;rrts which haw bwn
making or tone Of final payment shag be decided by arbitration in accordance with the Construction Indus t
the American Arb, ' �Associajjon then obtaining unless the parties mutually agree otherw;sa. This A try ation Rules
specifically enforceablhe preva�ng arbitration law, gr to arbitrate shalt
14.2 Notice of the demand for arbitra It be filed in writing with the other party to
lion Association. The demand for arbitration made within a reasonable ' ter �eement and with the American
has arisen and in no event shaft it be made after the hen institution o of pr y clam, dispute Or Other matter in t
IX other matter in question would be barred by the appl;ca
tions. proceedings based on Such clum,
14.3 The award rendered by the arbitrators Shall be fi nd judgment entered u
court having jurisdiction thereof, upon it in accordance with applicable law in any
N.4 Unless otherwise agreed i rg�the ns truction Manager shalt continue to carry out
and maintain the Contrac pletion Oate during any arbitration proceedings, and Owner man �esponsib ;Goes under Agreement
dance with this mem to make payments in accar-
X4.5 claims which are related to or dependent upon each other, shall be heard by the same arbitrator or arbitrators ev
roes are not the same unless a specific contract prohibits such consolidation, gh tha
This Agreement executed the day and year first written above,
ATTEST;
Y111age Clerk
If
ATTEST.,.
OWNER: VILLAGE OF BUFFALO GRWZ
8Y L, Li?iY` C CJ ✓
Verna L. Clayton, Village Pros ent
CONSTRUCTION MANAGER;
XCLE:tttAtl t 2itEMEIL? Im.
PAGE XX 15
M-TI
PAGE IN 16
EXHIBIT A
REIMBURSABLES
- Reim_burs_ables applicable to the design and construction of the AR�E osed
Village of Buffalo Grove Munici al Project
p but
fo� IX%
$126 965 ' not trade related as
** shall not excee �.
ACXC�]xY1s3LRl�Slfi
The
various elements of these reimbursable may be
Al
Job -site supervision
B)
Job - site' 9 =OtWr 1�&% MtatXEMLC &Wsecretarial
. 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
K)
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
..pR)/
Surveying
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.
. X)
This
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
CC)
Paint roof top equipment and meters
DD)
Architectural Rendering
PAGE IN 16