2019-10-21 - Ordinance 2019-051 - AUTHORIZING AN ENGINEERING AGREEMENT WITH GEWALT HAMILTON ASSOCIATES, INC. ORDINANCE 2019 —051
AN ORDINANCE AUTHORIZING AN ENGINEERING AGREEMENT
WITH GEWALT HAMILTON ASSOCIATES INC.
WHEREAS,the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution
of 1970; and
WHEREAS, the Village seeks to enter into an Engineering Agreement with Gewalt
Hamilton Associates, Inc. for the 2020 Water Main Replacement Project Survey and Design
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE,COOK AND LAKE COUNTIES,
ILLINOIS, as follows:
SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this
Ordinance as if fully set forth herein.
SECTION 2. The Village Manager is authorized to enter into an Engineering Agreement with
Gewalt Hamilton Associates, Inc. for the 2020 Water Main Replacement Project Survey and
Design at a price not to exceed $174,500.00.
SECTION 3. If any section,paragraph,clause or provision of this Ordinance shall be held invalid,
the invalidity thereof shall not affect any other provision of this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage and
approval and shall not be codified.
AYES: 6—Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 - None
ABSENT: 0 - None
PASSED: October 21, 2019
APPROVED: October 21 2019
APPROVED-
ilk L430�11-�
Beverly Suss an, Village President
ATTEST:
Janet M. girabian. Village Clerk
rA I fiGEW ALT HAMIITON
ASSOCIATES, INC.
October 4,2019 CONSULTING ENGINEERS
Mr. Kyle E Johnson, P.E. 625 Forest Edge Drive,Vernon Hills,IL 60061
Civil Engineer II TEL 847.478.9700 a FAx 847.478.9701
Village of Buffalo Grove wwwgha-engineers.com
51 Raupp Blvd.
Buffalo Grove, IL 60089
Re: Professional Surveying and Engineering Services
2020 Water Main Replacement Program
Village of Buffalo Grove
GHA Proposal No. 2019.M089
Dear Mr.Johnson:
Thank you for considering Gewalt Hamilton Associates, Inc. (GHA)for the surveying and design
engineering services for the above referenced utility improvement project. Our firm is well qualified to
perform this work and is eager to continue serving the Village of Buffalo Grove.
If you should have any questions or require additional information, please do not hesitate to contact me.
Sincerely,
Gewalt Hamilton Associates, Inc.
Leo X. Morand, P.E.
Associate 1 Senior Engineer
lmorand@gha-engineers.com
Encl.: GHA Proposal No.2019.M089
6601 Stephens Station Road,Unit 107,Columbia,MO 65202 s TEL 573.397.6900 0 Fwx 573.397.6901
riGEW AIT HAMIITGN
L ASSOCIATES, INC.
Professional Surveying & Engineering Services CONS LI LT ING E N G IN E E R S
2020 Water Main Replacement Program 625 Forest Edge Drive,Vernon Hills,IL 60061
Village of Buffalo Grove TEL 947.478.9700 a FAx 847.478.9701
GHA Proposal No. 2019.M089 www.gha-engineers.com
Village of Buffalo Grove(Client), 51 Raupp Blvd., Buffalo Grove, IL 60089, and Gewalt Hamilton
Associates, Inc. (GHA), 625 Forest Edge Drive, Vernon Hills, IL 60061, agree and contract as follows:
I. Project Understanding
The Village of Buffalo Grove wishes to prepare construction documents for the 2020 Water Main
Replacement Program. It is anticipated the project will be bid in early 2020. The project will include water
main replacement and roadway resurfacing (where applicable) at the following locations and limits:
• Saxon Place from Dundee Road to Cul-De-Sac
• Saxon Sideyard from the Saxon Place Cul-De-Sac to Lake Blvd.
• Downing Road from University Drive to Buffalo Grove Road
• Eton Court from Selwyn Lane to Downing Road
• Selwyn Lane from University Drive to Eton Court
• Charles Court W from Cambridge Drive to Cul-De-Sac
• Charles Court E from Cambridge Drive to Cul-De-Sac
• Buffalo Grove Road from Downing Road to south of University Drive
It is anticipated that the project will be bid in one overall contract with Saxon Sideyard as Alternate 1 and
the Charles Court E &W as Alternate 2.
II. Scope of Services
The scope of services is based upon our knowledge of the Village, our review of the information furnished
to us, and our extensive experience in preparing contract documents for water main improvement projects.
A. Existing Conditions and Topographic Survey
GHA shall provide an existing condition and topographic survey of the right-of-way(ROW). GHA will
obtain benchmark data(NAVD 88)from the Village of Buffalo Grove, Lake County, or the USGS.All
spot grades and contours will be referenced to NAVD88 Elevations. Our cost presumes a suitable
benchmark will be located within 1,000'of the site. GHA's services for the survey will include:
1. Detailed schedule of the survey control with X, Y, and Z coordinates.
2. Locate all topographic features within the various project limits. This data will include curbs
(including type of curb), pavements, driveways, sidewalks,visible property monuments, ROW
line monuments and all visible utilities. The project limits will extend 25' beyond each leg of the
intersecting streets. Each driveway will be surveyed with elevations provided to 10' past the
sidewalk or ROW, wherever possible.
6601 Stephens Station Road, Unit 107,Columbia,MO 65202 in TEL 573.397.6900 N FAx 573.397.6901
3. Location, size(diameter),direction of flow, pipe material type, rim and invert elevations of
water, sanitary and storm utilities existing within the ROW, as evidenced by onsite observation.
Confined space entry is not included in this scope of work.
4. Elevations will be obtained at all surveyed points. The cross-section data will include the back
of sidewalk, street edge of sidewalk, top of curb, curb flow line, and centerline of pavement.
Elevations will be obtained at each manhole, catch basin, and valve vault rim. At intersections,
the flow line elevations for all curb returns, grade breaks, and locations 25', 50', and 100'
distant will also be obtained.
5. Locate existing tree and brush lines in the ROW. Trees 6" in diameter or greater will be
individually located (tagging and identification are not included).
6. Contact Joint Utility Location Information for Excavators (JULIE)to obtain copies of atlas maps
identifying public utility information that may be located within the project area. This work does
not include contacting JULIE for a field locate.
7. Establish the Village ROW and property lines within the limits of the survey work.
B. Sanitary and Storm Buried Structure Evaluation
GHA will perform evaluations of all storm and sanitary buried structures located within the project
limits. The information collected on all structure evaluation will include the following:
1. Numbering of all structures in accordance with established Village numbering;
2. Type, material, and size of structure;
3. Diameter, material condition, orientation, and depth of all visible pipes(no entry in the manhole
is included with this data collection);
4. Assessment of the condition of all structures, including notations of visible defects such as
infiltration and/or needed repairs.
It is understood that there are roughly 52 sanitary and storm buried structures within the project area.
Each evaluation will be documented on a form agreed to between the Village and GHA and provided
to the Village in .pdf format. For this phase of the project,we propose a unit price of$115 per buried
structure.
C. Final Engineering Design Phase
Upon notice to proceed, GHA will provide the following services:
1. Meet with Village Staff to discuss the project. We anticipate up to two (2) meetings with Village
staff throughout the design process. We have based our level of compensation on this number
of meetings. Additional meetings requested by the Village will be billed as an additional
service.
2. Preparation of final engineering plans to include a Title Sheet, Plans, General Notes and
Details for Construction.
October 4,2019 GHA Proposal No.2019.M089 Page 2 of 5
3. Preparation of project notes and contract specific directions for road improvements, including
traffic control, working conditions, material specifications, coordination with public inspection
agencies, and other coordination and construction information.
4. Preparation of a submittal to the [EPA for a water main construction permit.
5. Preparation of a submittal to the Cook County Highway Department for a construction permit.
6. Preparation of a submittal to the Illinois Department of Transportation for a construction permit.
7. Preparation of a Storm Water Pollution Prevention Plan and NPDES Construction Site
Activities permit application.
8. Preparation of an Engineer's Opinion of Probable Cost based on the completed final
engineering plans and specifications.
9. Preparation of complete bid packages for distribution to contractors and the Village.
10. Respond to bidding questions and issue addenda as necessary.
11. Attend the bid opening, prepare a summary of the received bids, and make a recommendation
for award of the contract.
D. Digitizing Contractor Record Drawings
Once construction is completed and the Contractor has provided a red line record drawing that is
accepted by the Village,we will update our CAD files with the as-constructed utilities. We will then
reduce the background topo to minimal elements (i.e. curb line, sidewalk, property line, etc.)and then
divide the utility plans into three separate plan sets—water, sanitary, and storm. PDF's of the utility
plan sheets will be provided in 22"x 34"size.
E. Deliverables
The following will be delivered to the Village upon completion of the project:
1. Digital and paper copies of work performed by GHA.
2. Two copies of all engineering plan sets.
3. Bid specifications.
III. Additional Services, and Services not Included
We are prepared, and would be pleased to provide additional assistance outside the scope described.
These services may be provided at the request of the Village as an additional service.
1. Meetings with public officials, Village staff, agencies, homeowners, or consultants beyond
those noted in the scope. Attendance at public hearings.
2. Performing surveying, mapping, plat and topographic work, including investigation of
underground utilities and physical location of them.
3. Clean Construction or Demolition Debris(CCDD)testing, analysis, and certification.
4. Coordinating relocation of non-Village owned utilities.
5. Construction staking or any construction phase services.
October 4,2019 GHA Proposal No.2019.M089 Page 3 of 5
6. Preparation of multiple bid set plans or phased plans.
7. Review fees or utility locate fees.
IV. Engineering Staff
Mr. Leo X. Morand, P.E. will function as the Project Manager.Additional professional and technical staff will
provide support as needed.
V. Compensation for Services
Based upon the scope of services noted above, GHA proposes to invoice the Village of Buffalo Grove on a
not-to-exceed (NTE)fee as follows:
Service NTE Fee
Existing Conditions and Topographic Survey $28,500.00
Sanitary and Storm Buried Structure Evaluations $6,000.00
Final Engineering Design & Permitting Phase $134,000.00
Digitizing Contractor Record Drawings $5,000.00
Estimated Reimbursable Expenses $1,000.00
NTE Fee+ Reimbursables $174,500.00
Reimbursable expenses, including items such as printing, messenger service, mileage etc., will be billed to
the Client without markup. Invoices will be submitted monthly and will detail services performed.
VI. General Conditions
The delineated services provided by Gewalt Hamilton Associates, Inc., (GHA) under this Agreement will be
performed as reasonably required in accordance with the generally accepted standards for civil engineering
and surveying services as reflected in the contract for this project at the time when and the place where the
services are performed.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Client or GHA. GHA's services under this Agreement are being performed
solely for the Client's benefit, and no other party or entity shall have any claim against GHA because of this
Agreement or the performance or nonperformance of services hereunder. In no event shall GHA be liable
for any loss of profit or any consequential damages.
The Client and GHA agree that all disputes between them arising out of or relating to this Agreement or the
Project shall be submitted to nonbinding mediation in Chicago, Illinois unless the parties mutually agree
otherwise.
October 4,2019 GHA Proposal No.2019.M089 Page 4 of 5
This Agreement, including all subparts and Attachment A, which is attached hereto and incorporated herein
as the General Provisions of this Agreement, constitute the entire integrated agreement between the
parties which may not be modified without all parties consenting thereto in writing.
By signing below you indicate your acceptance of this Agreement in its entirety.
Gewalt Hamilton Associates, Inc. Village of B alo ove
Leo X. Morand, P.E.
Associate/Senior Engineer Name: Dane Bragg
Title: Village Manager
Date:
October 24, 2019
Encl.: Attachment A
Hourly Rates
October 4,2019 GHA Proposal No.2019.M089 Page 5 of 5
ATTACHMENT A TO GEWALT HAMILTON ASSOCIATES,INC.
PROFESSIONAL SERVICES AGREEMENT
1. Standard of Care.The services provided by Gewalt Hamilton Associates, Inc., (GHA)under this Agreement will be reasonably
performed consistent with the generally accepted standard of care for the Scope of Basic Services called for herein at the time when and the
place where the services are provided.
2.Duration of Proposal.The terms of this Agreement are subject to renegotiation if not accepted within 60 calendar days of the date
indicated on this Agreement. Requests for extension beyond 60 calendar days shall be made in writing prior to the expiration date. The fees
and terms of this Agreement shall remain in full force and effect for one year from the date of acceptance of this Agreement, and shall be
subject to revision at that time, or any time thereafter if GHA gives written notice to the other party at least 60 calendar days prior to the
requested date of revision. In the event that the parties fail to agree on the new rates or other revisions,either party may terminate this Agreement
as provided for herein.
3.Client Information. Client shall provide GHA will all project criteria and full information for its Scope of Basic Services. GHA
may rely, without liability, on the accuracy and completeness of the information Client provides, including that of its other consultants,
contractors and subcontractors,without independently verifying that information.
4.Payment.The Client shall make payments pursuant to the Illinois Local Government Prompt Payment Act(50 ILCS 505/1 et seq.)
5.Instruments of Service.The Client acknowledges GHA's plans and specifications,including field data,notes,calculations,and all
documents or electronic data, are instruments of service. GHA shall retain ownership rights over all original documents and instruments of
service. All instruments of service provided by GHA shall be reviewed by Client within 10 calendar days of receipt. Any deficiencies,errors,
or omissions the Client discovers during this period will be reported to GHA and will be corrected as part of GHA's Basic Services. Failure to
provide such notice shall constitute a waiver.The Client shall not reuse or make,or permit to be made any modifications to the instruments of
service without the prior written authorization of GHA. The Client waives all claims against GHA arising from any reuse or modification of
the instruments of service not authorized by GHA.The Client agrees,to the fullest extent permitted by law,to defend and indemnify and hold
GHA harmless from any liability, damage, or cost, including attorneys' fees, arising from the unauthorized reuse or modification of the
instruments of service by any person or entity.The parties agree that if elements of the Scope of Basic Services identified in this Agreement
are reduced and/or eliminated by Client,then Client waives,releases and holds GHA harmless from all claims and damages arising from those
reduced and/or eliminated services. If GHA's Scope of Basic Services does not include construction administration phase services, Client
assumes responsibility for interpretation of the instruments of service and construction observation,and waives all claims against GHA for any
act,omission or event connected thereto.Unless included in GHA's Scope of Basic Services,GHA shall not be liable for coordination with of
the services of Client's other design professionals.
6. Electronic Files. The Client acknowledges that differences may exist between the electronic files delivered and the printed
instruments of service. In the event of a conflict between the signed/sealed printed instruments of service prepared by GHA and the electronic
files,the signed/sealed instruments of service shall control. GHA's electronic files shall be prepared in the current software GHA uses and
will follow GHA's standard formatting unless the Scope of Basic Services requires otherwise.Client accepts that GHA makes no warranty that
its software will be compatible with other systems or software.
7.Applicable Codes. The Client acknowledges that applicable laws,codes and regulations may be subject to various, and possibly
contradictory,interpretations.Client accepts that GHA does not warrant or guarantee that the Client's project will comply with interpretations
of applicable laws,codes,and regulations as they may be interpreted to the project.Client agrees that GHA shall not be responsible for added
project costs,delay damages,or schedule changes arising from unreasonable or unexpected interpretations of the laws, codes,or regulations
applied to the project,nor for changes required by the permitting authorities due to changes in the law that became effective after completion
of GHA's instruments of service.Client shall compensate GHA for additional fees required to revise the instruments of service to comply with
such interpretations. Client shall also compensate GHA for additional fees required to revise the instruments of service if Client changes the
project scope after GHA's completes its instruments of service.
8.Utilities and Soils.When the instruments of service include information pertaining to the location of underground utility facilities
or soils, such information represents only the opinion of the engineer as to the possible locations. This information may be obtained from
visible surface evidence,utility company records or soil borings performed by others,and is not represented to be the exact location or nature
of these utilities or soils in the field. Client agrees that GHA may reasonably rely on the accuracy and completeness of information furnished
by third parties respecting utilities, underground conditions and soils without performing any independent verification. Contractor is solely
responsible for utility locations,their markings in the field and their placement on the plans based on information they provided.Client agrees
GHA is not liable for damages resulting from utility conflicts, mistaken utility locates, unfavorable soils, and concealed or unforeseen
conditions,including but not limited to added construction costs and/or project delays.If the Client wishes to obtain the services of a contractor
to provide test holes and exact utility locations, GHA may incorporate that information into the design and reasonably rely upon it. If not
included in the Scope of Basic Services,such work will be compensated as additional services.
9.Opinion of Probable Construction Costs.GHA's Scope of Basic Services may include the preparation of an opinion of probable
construction costs. Client acknowledges that GHA has no control over the costs of labor, materials, or equipment, or over the contractor's
methods of determining prices, or over competitive bidding or market conditions. Opinions of probable costs, shall be made on the basis of
experience and qualifications applied to the project scope contemplated by this Agreement as well as information provided by Client (the
accuracy and completeness of which GHA may rely upon), and represent GHA's reasonable judgment. Client accepts that GHA does not
guarantee or warrant that proposals,bids,or the actual construction costs will not vary from opinions of probable cost prepared for the Client.
GHA shall not be liable for cost differentials between the bid and/or actual costs and GHA's opinion of probable construction costs. Client
agrees it shall employ an independent cost estimator if,based on its sole determination,it wants more certainty respecting construction costs,
10. Contractor's Work. Client agrees that GHA does not have control or charge of and is not responsible for construction means,
methods,techniques,sequences or procedures,or for site or worker safety measures and programs including enforcement of Federal,State and
local safety requirements,in connection with construction work performed by the Client or the Client's construction contractors. GHA is not
Attachment A—Buffalo Grove,April,2016 Pagel of 2
responsible for the supervision and coordination of Client's construction contractors, subcontractors, materialmen, fabricators, erectors,
operators, suppliers, or any of their employees, agents and representatives of such workers, or responsible for any machinery, construction
equipment,or tools used and employed by contractors and subcontractors.GHA has no authority or right to stop the work.GHA may not direct
or instruct the construction work in any regard. In no event shall GHA be liable for the acts or omissions of Client's construction contractors,
subcontractors,materialmen,fabricators,erectors,operators or suppliers,or any persons or entities performing any of the work,or for failure
of any of them to carry out their work as called for by the Construction Documents.The Client agrees that the Contractor is solely responsible
for jobsite and worker safety, and warrants that this intent shall be included in the Client's agreement with all prime contractors.The Client
agrees that GHA and GHA's personnel and consultants(if any)shall be defended/indemnified by the Contractor for all claims asserted against
GHA which arise out of the Contractor's or its subcontractors' negligence,errors or omissions in the performance of their work,and shall also
be named as an additional insured on the Contractor's and subcontractors' general liability insurance policy. Client warrants that this intent
shall be included in the Client's agreement with all prime contractors. If the responsible prime contractor's agreement fails to comply with the
Client's intent, then the Client agrees to assume the duty to defend and indemnify GHA for claims arising out of the Contractor's or
subcontractors' negligence,errors or omissions in the performance of their work.
11.Contractor Submittals.Shop drawing and submittal reviews by GHA shall apply only to the items in the submissions that concern
GHA's scope of Basic Services and only for the purpose of assessing if, upon successful incorporation in the project, they are generally
consistent with the GHA's Instruments of Service.Client agrees that the Contractor is solely responsible for the submissions and for compliance
with the Instruments of Service.Owner agrees that GHA's review and action in relation to the submissions does not constitute the provision of
means, methods, techniques, sequencing or procedures of construction or extend to jobsite or worker safety. GHA's consideration of a
component does not constitute acceptance of an assembled item.
12.Hazardous Materials.Client agrees that GHA has no responsibility or liability for any hazardous or toxic materials,contaminants
or pollutants.
13.Record Drawings.If required by the Scope of Basic Services, record drawings will be prepared which may include unverified
information compiled and furnished by others,the accuracy and completeness of which GHA may reasonably rely upon.Client accepts that
GHA shall not verify the information provided to it and agrees GHA will not be responsible for any errors or omissions in the record drawings
due to incorrect or incomplete information furnished by others to GHA.
14.Disputes.All disputes arising out of or relating to this Agreement shall first be negotiated between the parties.If unresolved,the
dispute shall be submitted to mediation as a condition precedent to litigation. Mediation shall take place in Chicago,Illinois unless the Client
and GHA mutually agree otherwise. The fees and costs of the mediator shall be apportioned equally between the parties. If mediation is
unsuccessful, litigation shall be the form of dispute resolution and shall be filed in the jurisdiction where the project was pending. The
controlling law shall be the law of the jurisdiction where the project was located. Client agrees that all causes of action under this Agreement
shall be deemed to have accrued and all statutory limitations periods shall commence no later than the date of GHA's services being substantially
completed. Client agrees that any claim against GHA arising out of this Agreement shall be asserted only against the entity and not against
GHA's owners,officers,directors,shareholders,or employees,none of whom shall bear any liability and may not be subject to any claim.
15.Miscellaneous.Either Client or GHA may terminate this Agreement without penalty at any time with or without cause by giving
the other party ten(10)calendar days prior written notice. The Client shall,within thirty(30)calendar days of termination pay GHA for all
services rendered and all costs incurred up to the date of termination in accordance with compensation provisions of this Agreement. Client
shall not assign this Agreement without GHA's prior written consent. There are no third-party beneficiaries to this Agreement.
Attachment A—Buffalo Grove,April,2016 Page 2 of 2
ri GEWALT HAMIUMN
AllASSOCIATES, INC.
CONSULTING ENGINEERS
625 Forest Edge Drive,Vernon Hills,IL 60061
T RL 947.478.9700 m FAx 847.478.9701
www.gha-engineers.com
Hourly Billing Rates
Gewalt Hamilton Associates, Inc.
The following rates will remain in effect until December 31, 2019, at which time they are subject to an
annual increase.
Category Rates
Principal $208.00
Civil Engineer VI $178.00
Civil Engineer V $176.00
Civil Engineer IV $174.00
Civil Engineer III $154.00
Civil Engineer II $144.00
Civil Engineer 1 $124.00
Land Surveyor IV $146.00
Land Surveyor 111 $128.00mmm
Land Surveyor 11 $122.00
Land ..........
En ineerin Technician V $174.00
Engineering Technician IV $130.00
Engineering Technician 111 $120.00
Engineering Technician II $106.00
Engineering Technician 1 $78.00
GIS Professional II $134.00
GIS Professional 1 $126.00
Environmental Consultant II $130.00
Environmental Consultant 1 $120.00
Administrative 1 $64.00
Services provided under this Agreement will be billed according to the rates in effect at the time services
are rendered.
6601 Stephens Station Road,Unit 107,Columbia,MO 65202 A TEL 573.397.6900 ® FAx 573.397.6901