2022-03-21 - Ordinance 2022-037 - AUTHORIZING A DESIGN ENGINEERING AGREEMENT WITH GEWALT HAMILTON ASSOCIATES, INC. (Stormwater & Street Design) ORDINANCE NO. 2022-037
AN ORDINANCE AUTHORIZING A DESIGNI ENGENEERING:AGREEMENT WITH GEWALT HAMILTON
ASSOCIATES INC.
WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of
1970; and
WHEREAS, the Village seeks to enter into a Design Engineering Agreement with Gewalt Hamilton
Associates, Inc. for storm, sewer and street improvements in the Northwood Subdivision subject to final
review and approval by the Village Attorney,
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 a Design Engineering Agreement with Gewalt
Hamilton Associates, Inc, for storm !sewer and street improvements in the Northwood Subdivision at a
price not to exceed $459,000.00, subject to final review and approval by the Village Attorney.
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 aind
shall not be codified.
AYES: 6—Stein,Ottenheimer,Weidenfeld J_,..ohnson, Smith, Pike
NAPES; 0—None
ABSENT: 0—None
PASSED: March 21,2022
APPROVED: March 21, 2022
APPROVED:
Beverly Sussron,Village President
ATTEST:
Janet M'."5-frabian, Village.Clerk
VILLAGE OF BUFFALO GROVE
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is dated as of the 21st day of March 2022("Agreement")and is by and between
the VILLAGE OF BUFFALO GROVE,an Illinois home rule municipal corporation ("Village")and the
Firm identified in Subsection 1Abelow.
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this
Agreement,and pursuant to the Village's statutory and home rule powers,the parties agree as follows:
SECTION 1. FIRM.
A. Engagement of Firm.The Village desires to engage the Firm Identified below to provide all
necessary professional consulting services and to perform the work in connection with the project
identified below:
Gewalt Hamilton Associates, Inc.
625 Forest Edge Drive,Vernon Hills, Illinois, 60061
Leo Morand
847-478-9700
LMorand@gha-engineers.com
B. Project Description. The Firm shall provide Engineering Services for the Village of Buffalo Grove
as detailed in the attached Scope of Service Exhibit A.
C. Representations of Firm.The Firm has submitted to the Village a description of the services to be
provided by the Firm, a copy of which is attached as Exhibit A to this Agreement("Services"). The Firm
represents that it is financially solvent, has the necessary financial resources, and is sufficiently experienced
and competent to perform and complete the professional services set forth in Exhibit A.
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SECTION 2. SCOPE OF SERVICES.
A. Retention of the Firm.The Village retains the Firm to perform,and the Firm agrees to perform,the Services.
B. Services.The Firm shall provide the Services pursuant to the terms and conditions of thisAgreement.
C. Commencement.Time of Performance.The Firm shall commence the Services immediately upon receipt of
written notice from the Village that this Agreement has been fully executed by the Parties(the"Commencement
Date").The Firm shall diligently and continuously prosecute the Services untilthe completion of the Work.
D. Reporting.The Firm shall regularly report to the Village Manager("Manager"), or his/her designee, regarding the
progress of the Services during the term of this Agreement.
SECTION 3.COMPENSATION AND METHOD OF PAYMENT.
A. Agreement Amount.The total amount billed for the Services during the term of this Agreement shall not exceed
the amount identified in the Schedule of Prices section in Exhibit B,unless amended pursuant to Subsection 8A of
this Agreement.
B. Invoices and Payment.The Firm shallsubmit invoices to the Village for all Services and subcontractor services
monthly.The Invoices shall be in a Village approved and itemized format for those portions of the Services
performed and completed by the Firm.The amount billed in any such invoice shall be based on the method of
payment set forth in Exhibit B.The Village shall pay to the Firm the amount billed pursuant to the Illinois Local
Government Prompt Payment Act(50 ILCS 505/1 et seq.)
C. Records.The Firm shall maintain records showing actual time devoted and costs incurred,and shall permit the
authorized representative of the Village to inspect and audit all data and records of the Firm for work done under
the Agreement.The records shall be made available to the Village at reasonable times during the Agreement
period,and for three years after the termination of the Agreement.
D. Claim In Addition To Agreement Amount. if the Firm wishes to make a claim for additional compensation as a
result of action taken by the Village,the Firm shall provide written notice tothe Village of such claim within 7
calendar days after occurrence of such action as provided by Subsection B.D. of this Agreement,and no claim for
additional compensation shall be valid unless made in accordancewith this Subsection.Any changes in this
Agreement Amount shall be valid only upon written amendment pursuant to Subsection 8.A.of this Agreement.
Regardless of the decision of the Village relative to aclaim submitted by the Firm,the Firm shall proceed with all of
the Services required to complete the project under this Agreement as determined by the Village without
interruption.
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SECTION 3.COMPENSATION AND METHOD OF PAYMENT(cont.)
E. Taxes,Benefits and Royalties.The Agreement Amount includes all applicable federal,state,and local taxes of
every kind and nature applicable to the Services as well as all taxes,contributions,and premiums for
unemployment insurance,old age or retirement benefits, pensions, annuities,orsimilar benefits and all costs,
royalties and fees arising from the use on,or the incorporation into,the Services,of patented or copyrighted
equipment, materials,supplies,tools,appliances,devices, processes,or inventions.All claim or right to claim
additional compensation by reason of the payment of anysuch tax,contribution,premium,costs, royalties,or
fees is hereby waived and released by Firm.
F. Escalation
Written requests for price revisions after the first year period shall be submitted at least sixty(60)calendar
days in advance of the annual agreement period or Term. Requests must be based upon and include
documentation of the actual change in the cost of the components involved in the contract and shall not
include overhead,or profit. In any case the price revisions for any Term shall not exceed the most recent 12
month Consumers Price Index(CPI-All Urban Consumers,Chicago)or 2%whichever is greater.
The Village reserves the right to reject a proposed price increase and terminate the Agreement.
For any year beyond the initial year,this Agreement is contingent upon the appropriation of sufficient funds by
the Village Board; no charges shall be assessed for failure of the Village to appropriate funds in future contract
years.
SECTION 4.PERSONNEL,SUBCONTRACTORS.
A. Key Project Personnel.The Key Project Personnel identified in Exhibit A shall be primarily responsible for
carrying out the Services on behalf of the Firm.The Key Project Personnel shall not be changed without the
Village's prior written approval,which shall not be unreasonably withheld.
B. Availability of Personnel.The Firm shall provide all personnel necessary to complete the Services including,
without limitation,any Key Project Personnel identified in this Agreement.The Firm shall notify the Village as
soon as practicable prior to terminating the employment of, reassigning,or receiving notice of the resignation of,
any Key Project Personnel.The Firm shall have no claim for damages and shall not bill the Village for additional
time and materials charges as the result of any portion of the Services which must be duplicated or redone due to
such termination or for any delay or extension of the Time of Performance as a result of any such termination,
reassigning,orresignation.
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SECTION 4.PERSONNEL. SUBCONTRACTORS(cont.)
C. Approval and Use of Subcontractors.The Firm shall perform the Services with its own personnel and under the
management,supervision,and control of its own organization unless otherwise approved by the Village Manager
in writing.All subcontractors and subcontracts used by the Firm shall be acceptable to,and approved in advance
by,the Village Manager.The Village Manager's approval of any subcontractoror subcontract shall not relieve the
Firm of full responsibility and liability for the provision, performance,and completion of the Services as required
by the Agreement.All Services performed under any subcontract shall be subject to all of the provisions of this
Agreement in the same manneras if performed by employees of the Firm. For purposes of this Agreement,the
term"Firm"shall be deemed also to refer to all subcontractors of the Firm,and every subcontract shall include a
provision binding the subcontractor to all provisions of this Agreement.
D. Removal of Personnel and Subcontractors. If any personnel or subcontractor fails to perform the Services in a
manner satisfactory to the Village,the Firm shall immediately upon notice from the Village Manager remove and
replace such personnel or subcontractor.The Firm shall have no claim for damages,for compensation in excess
of the amount contained in this Agreement for a delay or extension of the Time of Performance as a result of
any such removal or replacement.The Firm shall employ competent staff and shall discharge,at the request of
the Village Manager,any incompetent, unfaithful,abusive or disorderly staff or subcontractor in its employ.
SECTION 5.CONFIDENTIAL INFORMATION.
A. Confidential Information.The term "Confidential Information"shall mean information in the possession or under
the control of the Village relating to the technical,business or corporate affairs of the Village;Village property;
user information,including,without limitation,any information pertaining to usage of the Village's computer
system, including and without limitation,any information obtained from server logs or other records of electronic
or machine readable form; and the existence of,and terms and conditions of,this Agreement.Village
Confidential Information shall not include information that can be demonstrated: (i)to have been rightfully in the
possession of the Firm from a source other than the Village prior to the time of disclosure of said information to
the Firm underthis Agreement("Time of Disclosure"); (ii)to have been in the public domain prior to the Time of
Disclosure;(iii)to have become part of the public domain after the Time of Disclosure by a publication or by any
other means except an unauthorized act or omission or breach of this Agreement on the part of the Firm or the
Village;or(iv)to have been supplied to the Firm after the Time of Disclosure without restriction by a third party
who is under no obligation to the Village to maintain such information in confidence.
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SECTION 5.CONFIDENTIAL INFORMATION. (cont.)
B. No Disclosure of Confidential Information by the Firm.The Firm acknowledges that it shall,in performing the
Services for the Village under this Agreement,have access to or be directly or indirectly exposed to Confidential
Information.The Firm shall hold confidential all Confidential Information and shall not disclose or use such
Confidential Information without express prior written consent of the Village Manager.The Firm shall use
reasonable measures at least as strict as those the Firm uses to protect its own confidential information.Such
measures shall include,without limitation, requiring employees and subcontractors of the Firm to execute a
non-disclosure agreement before obtaining access to Confidential Information.
SECTION 6.WARRANTY AND INSURANCE
A. Standard of Care. In providing services under this Agreement,the Firm will endeavor to perform in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same profession currently
practicing under similar circumstances.The Firm makes no warranty,either express or implied,as to the
professional services rendered under this Agreement.The Firm shall exercise the same standard of care to
comply with applicable laws,codes and regulations in effect as of the date of the execution of this Agreement.
B. Insurance. Firm shall maintain throughout the term of this Agreement insurance,evidencing at least the
minimum insurance coverages and limits as set forth in Exhibit C tothis Agreement.
C. No Personal Liability. No elected or appointed official,agent,or employee of the Village shall be
personally liable, in law or in contract,to the Firm as the result of the execution of this Agreement.
D. Indemnity/Hold Harmless Provision To the fullest extent permitted by law,the Firm hereby agrees to indemnify
and hold harmless the Village, its officials,agents and employees against all injuries, deaths, loss,damages,claims,
patent claims,suits, liabilities,judgments,cost and expenses, including reasonable attorney's fees,which may in
anywise accrue against the Village, its officials,agents and employees arising in whole or in part or in consequence
of the negligent performance of this work by the Firm, its employees,or subcontractors,except those due to the
negligent acts or omissions of the Village, its agents or employees. Firm expressly understands and agrees that any
performance bond or insurance policies required by this contract, or otherwise provided by the Firm,shall in no
way limit the responsibility to indemnify, keep and save harmless the Village, its officials,agents and employees as
herein provided.
E. Kotecki Waiver. In addition to the requirements set forth above,the Firm(and any subcontractor into whose
subcontract this clause is incorporated)agrees to assume the entire liability for all personal injury claims suffered
by its own employees and waives any limitation of liability defense based upon the Worker's Compensation Act and
cases decided there under. Firm agrees to indemnify the Village from and against all such loss,expense,damage or
injury, including reasonable attorneys'fees,which the Village may sustain as a result of personal injury claims by
Firm's employees,except to the extent those claims arise as a result of the Village's own negligence.
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SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS
A. Relationship of the Parties.The Firm shall act as an independent contractor in providingand performing the
Services. Nothing in,nor done pursuant to,this Agreement shall be construed (i)to create the relationship of
principal and agent,employer and employee, partners, or jointventures between the Village and Firm;or(ii)
to create any relationship between the Village and any subcontractor of the Firm.
B. Conflict of Interest.The Firm represents and shall at all times abide by professional ethical requirements and
other applicable law regarding conflicts of interest.
C. No Collusion.The Firm represents and certifies that the Firm is not barred from contracting with a unit of state
or local government as a result of(i)a delinquency in the payment of any tax administered by the Illinois
Department of Revenue unless the Firm is contesting,in accordance with the procedures established by the
appropriate revenue act, its liability for the tax or the amount of the tax,as set forth in Sectionll-42.1-1 et seq.of
the Illinois Municipal Code,65 ILCS 5/11-42.1-1 et seq.;or(ii)a violation of either Section 33E-3 or Section 33E-4
of Article 33E ofthe Criminal Code of 1961,720 1LCS 5/33E-1 et seq.The Firm represents that the only persons,
firms,or corporations interested in this Agreement as principals are those disclosed to the Village prior to the
execution of this Agreement, and that this Agreement is made without collusion with any other person,firm,or
corporation. If at any time it shall be found that the Firm has, in procuringthis Agreement,colluded with any
other person,firm,or corporation,then the Firm shall be liable to the Village for all loss or damage that the Village
may suffer,and this Agreement shall, at theVillage's option, be null and void.
D. Sexual Harassment Policy.The Firm certifies that it has a written sexual harassment policy in full compliance with
Section 2-105(A)(4)of the Illinois Human Rights Act, 775 ILCS 512-105(A)(4).
E. Termination. Notwithstanding any other provision hereof,the Village Manager may terminate thisAgreement,
without cause,at any time upon 15 calendar days prior written notice to the Firm. In the event that this
Agreement is so terminated,the Firm shall be paid for Services actually performed and reimbursable expenses
actually incurred, if any, prior to termination, not exceeding the value ofthe Services completed as determined
as provided in Exhibit B.
F. Term.The Time of Performance of this Agreement,unless terminated pursuant to the terms of this
Agreement,shall be for 12 months.The Agreement may be renewed upon mutual agreement by both
parties for additional 12 month periods.At the end of any term the Village of Buffalo Grove reserves the
right to extend this agreement for a period of up to ninety(90)calendar days for the purpose of securing a
new agreement.
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SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS(cont.)
G. Compliance with Laws and Grants.Firm shall give all notices, pay all fees,and take all other action that may be
necessary to ensure that the Services are provided, performed,and completed in accordance with all required
governmental licenses,or other approvals and authorizations that may be required in connection with providing,
performing,and completing the Services,and shall endeavor to comply with all applicable statutes,ordinances,
rules,and regulations,including without limitation the Fair Labor Standards Act;any statutes regarding
qualification to do business;any statutes prohibiting discrimination because of,or requiring affirmative action
based on,race, creed,color, national origin,age,sex,or other prohibited classification, including,without
limitation,the Americans with Disabilities Act of 1990,42 U.S.C. §§ 12101 et seq.,and the Illinois Human Rights
Act,775 ILCS 5/1-101 et seq. Firm shall also comply with all conditions of any federal,state,or local grant
received byOwner or Firm with respect to this Agreement or the Services.
Firm shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi-
governmental agency or body that may arise,or be alleged to have arisen,out of or in connection with Firm's,or its
subcontractors', performance of,or failure to perform,the Services or any part thereof.
Every provision of law required by law to be inserted into this Agreement shall be deemed to be inserted herein.
H. Default. If the Firm has failed or refused to prosecute,or has delayed in the prosecution of,the Services with
diligence at a rate that assures completion of the Services in full compliance with the requirements of this
Agreement,or has otherwise failed,refused,or delayed to perform or satisfy the Services or any other
requirement of this Agreement("Event of Default"), and fails to cure any such Event of Default within fourteen
(14)calendar days after the Firm's receipt of written notice of such Event of Default from the Village,then the
Village shall have the right,without prejudice to any other remedies provided by law or equity,to pursue any one
or more of the following remedies:
1. Cure by Firm.The Village may require the Firm,within a reasonable time,to complete or correct all or
any part of the Services that are the subject of the Event of Default; and to take any or all other action
necessary to bring the Firm and the Services into compliance with this Agreement.
2. Termination of Agreement by Village.The Village may terminate this Agreement without liability
for further payment of amounts due or to become due under this Agreement.
3. Withholding of Payment by Village.The Village may withhold from any payment,whether or not
previously approved,or may recover from the Firm,any and all costs,including attorneys'fees and
administrative expenses, incurred by the Village as the result of any Event of Default by the Firm or as
a result of actions taken by the Village in response toany Event of Default by the Firm.
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SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS(cont.)
I. No Additional Obligation.The Parties acknowledge and agree that the Village is under no obligation under
this Agreement or otherwise to negotiate or enter into any other or additional contracts or agreements with
the Firm or with any vendor solicited or recommended by the Firm.
J. Village Manager Authority. Notwithstanding any provision of this Agreement, any negotiations or agreements
with,or representations by the Firm to vendors shall be subject to the approval of the Village Manager.The
Village shall not be liable to any vendor or other third party for any agreements made by the Firm,purportedly
on behalf of the Village,without the knowledge of and express approval by the Village Manager.
K. Mutual Cooperation.The Village agrees to cooperate with the Firm in the performance ofthe Services,including
meeting with the Firm and providing the Firm with such confidential and non-confidential information that the
Village may have that may be relevant and helpful to the Firm's performance of the Services.The Firm agrees to
cooperate with the Village in the performance of the Services to complete the Work and with any other Firms
engaged by the Village.
L. News Releases.The Firm shall not issue any news releases or other public statements regarding the Services
without prior approval from the Village Manager. Nothing Herein shall limit the Firm's right to identify the
Village as a client of the Firm or from disclosing matters arising from the relationship between the Village and
the Firm that are subject to disclosure under the Illinois Freedom of Information Act, (5 ILCS 140,et seq)
M. Ownership. Designs,drawings, plans,specifications, photos,reports, information,observations, records,
opinions,communications,digital files,calculations,notes,and any other documents,data,or information,in any
form,prepared,collected,or received by the Firm in connection with any or all of the Services to be performed
underthis Agreement("Documents")shall be and remain the exclusive property of the Village.At the Village's
request,or upon termination of this Agreement,the Firm shall cause the Documents to be promptly delivered to
the Village, in original format or a suitable facsimile acceptable to the Village.
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SECTION 8.GENERAL PROVISIONS.
A. Amendment. No amendment or modification to this Agreement shall be effective unless and until such
amendment or modification is in writing, properly approved in accordance with applicable procedures, and
executed.
B. Assignment.This Agreement may not be assigned by the Village or by the Firm without the prior written consent
of the other party.
C. Binding Effect.The terms of this Agreement shall bind and inure to the benefit of the Parties hereto and their
agents,successors,and assigns.
D. Notice.Any notice or communication required or permitted to be given under this Agreement shall be in writing
and shall be delivered (i) personally,(ii)by a reputable overnight courier,(iii)by certified mail and deposited in
the U.S. Mail, postage prepaid,(iv)by facsimile,or(v) by electronic Internet mail("e-mail"). Facsimile notices
shall be deemed valid only to the extent that they are(a)actually received by the individual to whom addressed
and(b)followed by delivery of actual notice in the manner described in either(i), (ii),or(iii)above within three
business days thereafter at the appropriate address setforth below. E-mail notices shall be deemed valid and
received by the addressee thereof when delivered by e-mail and (a)opened by the recipient on a business day at
the address set forth below,and(b)followed by delivery of actual notice in the manner described in either(i), (ii)
or(iii)above withinthree business days thereafter at the appropriate address set forth below. Unless otherwise
expressly provided in this Agreement,notices shall be deemed received upon the earlier of(a)actual receipt;(b)
one business day after deposit with an overnight courier as evidenced by a receipt of deposit;or(c)three
business days following deposit in the U.S. mail. By notice complying with the requirements of this Subsection,
each Party shall have the right to change the address or the addressee,or both,for all future notices and
communications to such party, but no notice of a change of addressee or address shall be effective until actually
received.The provisions of this Section 8 D shall not control with respect to the manner of communications
utilized by the Firm in rendering the Services.
Notices and communications to the Village shall be addressed to,and delivered at,the following address:
Village of Buffalo Grove("Village")
50 Raupp Blvd.
Buffalo Grove, IL 60089
Attn: Dane Bragg
Email:dbragg@vbg.org
cc: kjohnson@vbg.org
Notices and communications to the Firm shall be addressed to,and delivered at,thefollowing address:
Gewalt Hamilton Associates, Inc.
625 Forest Edge Drive
Vernon Hills, IL 60061
Attn: Leo Morand
Email: LMorand@gha-engineers.com
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SECTION 8.GENERAL PROVISIONS (cont.)
E. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any person,firm,or
corporation other than the Firm shall be made or be valid against the Village.
F. Provisions Severable. If any term,covenant,condition,or provision of this Agreement is held by a court of
competent jurisdiction to be invalid,void,or unenforceable,the remainder of the provisions shall remain in full
force and effect and shall in no way be affected,impaired or invalidated.
G. Time.Time is of the essence in the performance of this Agreement.
H. Governing Laws.This Agreement shall be interpreted according to the internal laws, but notthe conflict
of laws rules,of the State of Illinois.Venue shall be in Cook County,Illinois
I. Entire Agreement.This Agreement constitutes the entire agreement between the parties and supersedes
any and all previous or contemporaneous oral or written agreements and negotiations between the Village
and the Firm with respect to the Request for Proposal.
J. Waiver. No waiver of any provision of this Agreement shall be deemed to or constitute a waiver of any other
provision of this Agreement(whether or not similar)nor shall any such waiver be deemed to or constitute a
continuing waiver unless otherwise expressly provided in this Agreement.
K. Exhibit. Exhibit,A and Exhibit B are attached hereto,and by this reference
incorporated in and made a part of this Agreement. In the event of a conflict between the Exhibit and the text of
this Agreement,the text of this Agreement shall control.
L. Rights Cumulative. Unless expressly provided to the contrary in this Agreement,each and every one of the rights,
remedies,and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other
such rights, remedies,and benefits allowed by law.
M. Calendar Days and Time. Unless otherwise provided in this Contract,any reference in this Contract to"day"or
"days"shall mean calendar days and not business days. If the date for giving of any notice required to be given,or
the performance of any obligation, under this Contract falls on a Saturday,Sunday or federal holiday,then the
notice or obligation may be given or performed on the next business day after that Saturday,Sunday or federal
holiday.
N. No Waiver of Tort Immunity. Nothing contained in this Agreement shall constitute a waiver by the Village of any
right, privilege or defense available to the Village under statutory or common law,including, but not limited to,
the Illinois Governmental and Governmental Employees Tort Immunity Act,745 ILCS 10/1-101 et seq.,as
amended.
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SECTION 8.GENERAL PROVISIONS(contj
O. Freedom of Information.The Firm agrees to furnish all documentation related to the Contract,the Work and any
documentation related to the Village required under an Illinois Freedom of Information Act(ILCS 140/1 et.seq.)
("FOIA")request within five(5)calendar days after the Village issues Notice of such request to the Firm.
P. Counterpart Execution.This Agreement may be executed in several counterparts, each of which,when executed,
shall be deemed to be an original,but all of which together shall constitute one and the same instrument.
ACKNOWLEDGEMENT.
The undersigned hereby represent and acknowledge that they have read the foregoing Agreement,that they
know its contents,and that in executing this Agreement they have received legal advice regarding the legal
rights of the party on whose behalf they are executing this Agreement,and that they are executing this
Agreement as a free and voluntary act and on behalf of the named parties.
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates set forth below.
VILLAGE OF BUFFALO GROVE
By: /454'
Dane Bragg,Village Manager
Date: 3/Z1/tL
Firm
By:
Leo Morand
Title: nt Director of Municipal Services
Date: U3/. 4°4
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Exhibit A.
("Services")
Proposal documents
12
re ill GEWALT HAMILTON
L. I a ASSOCIATES, INC.
March13, 2022 CONSULTING ENGINEERS
Mr. Kyle E Johnson, P.E., CFM 625 Forest Edge Drive,Vernon Hills,IL 60061
Assistant Director of Public Works 1'EL 847.478.9700 • Fax 847.478.9701
Village of Buffalo Grove www.gha-engineers.com
51 Raupp Blvd.
Buffalo Grove, IL 60089
Re: Professional Surveying and Engineering Services
2023 Northwood Street& Utility Improvement Project
Village of Buffalo Grove
GHA Proposal No. 2022.M019
Dear Mr. Johnson:
Thank you for considering Gewalt Hamilton Associates, Inc. (GHA)for the design engineering services for
the above referenced project. Our firm is well qualified to perform this work and is eager to continue serving
the Village of Buffalo Grove. At the request of the Village, we have included Engineering Resource
Associates, Inc. (the Village's storm water modeling consultant) on our team to continue their work on this
subject area and complete a Phase 1 Storm Water Study.
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.
Director of Municipal Services
Imorandna.gha-engineers.com
End.: GHA Proposal No.2022.M019
ri,4
ri, GEWALT HAMILTON
L I • ASSOCIATES, INC.
Professional Surveying & Engineering Services CONSULTING ENGINEERS
2023 Northridge Street & Utility Improvement Project 625 Forest Edge Drive,Vernon Hills, II.60061
Village of Buffalo Grove TEL 847.478.9700 • FAX 847.478.9701
GHA Proposal No. 2022.M019 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 2023 Northwood Street&
Utility Improvement Project. It is anticipated the project will be bid in late 2022. The estimated construction
cost of the project, with contingency, is $8,400,000. The project team consists of the Village of Buffalo
Grove, Gewalt Hamilton Associates, Inc. (GHA), Engineering Resource Associates, Inc. (ERA), and BLA,
Inc. (BLA). BLA is already under contract for their portion of the project. ERA will be a subconsultant to
GHA. We are fully aware that this will be a team effort and are prepared to assist in the successful design
and completion of the project.
ERA will be responsible for completing a Phase 1 storm water study of the area as outlined in the
Stormwater Master Plan that they completed for the Village is 2021. GHA will then prepare final design and
permitting for these storm water improvements.
GHA will also be responsible for the design and permitting of the curb replacement, ADA curb ramp
improvements, roadway storm sewer improvements, and roadway reconstruction/resurfacing at the
following locations and limits:
• Horatio Boulevard from Armstrong Drive to Pauline Avenue
• Buckthorn Terrace east and west of Horatio Boulevard
• Buckthorn Court from Buckthorn Terrace to cul-de-sac
• Armstrong Court from Armstrong Drive to cul-de-sac
• Lilac Lane from Armstrong Drive to Armstrong Drive
• Osage Terrace from Armstrong Drive to cul-de-sac
• Chicory Lane east and west of Osage Terrace
• Redbud Place from Chicory Lane to Osage Terrace
BLA will be responsible for the design and permitting of the curb replacement, ADA curb ramp
improvements, minor storm sewer improvements, and roadway reconstruction/resurfacing at the following
locations and limits:
• Pauline Drive from Raymond Road to Carman Avenue
• Raphael Drive from Pauline Avenue to Carmen Avenue
• Carmen Avenue from Pauline Avenue to Raphael Avenue
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 is already under contract to complete existing conditions and topographic survey of the
roadway segments listed above. It is anticipated that additional areas will need to be surveyed once
ERA completes their Phase 1 Storm Water Study. Once the overall scope of work is identified, we
will submit a proposal to the Village for any additional survey work that is necessary.
B. Phase 1 Storm Water Study
ERA will complete a Phase 1 storm water study of the subject area as identified in their Stormwater
Master Plan completed for the Village is 2021. ERA will provide services to include the following:
1. ERA will work with the Village and GHA to develop a base plan using available GIS mapping
and existing conditions survey.
2. ERA will prepare an existing conditions XPSWMM 2D model for the Ridgewood Pond and
Northwood Park area as described in the Stormwater Master Plan. This will be a
comprehensive model of the sewer network to analyze all three flood prone areas as identified
in the master plan in a single model. The XPSWMM 2D models will verify storm sewer
surcharge locations and depth, duration, and frequency of flooding in the identified areas. A
critical duration analysis (including the 24-hour event)will be performed for the 2-, 5-, 10-, 25-,
100-year storm events that will provide a detailed understanding of the storm system
deficiencies.
3. ERA will review and compare the existing conditions XPSWMM results to that of experienced
flooding. ERA will then calibrate the existing model to mimic real life flood conditions. The
calibrated model will be used to evaluate several alternatives.
4. ERA will update the master plan exhibits with more detailed and accurate flooding.
5. ERA will evaluate potential alternatives that have been identified in the Stormwater Master
Plan. Working closely with Village and GHA staff ERA will evaluate alternatives and
combinations of alternatives using the XPSWMM 2D modeling.
6. Cost estimates will be prepared for each of the identified alternatives. The analysis will
consider future maintenance costs, private property restoration, property acquisition, easement
acquisition, infrastructure costs, construction access, etc.
7. ERA will develop proposed conditions exhibits for the alternatives that appear to be cost
effective. The exhibits will be constructed to show proposed flooding graphically using similar
color bands as the existing conditions exhibits for ease of comparison.
8. ERA will prepare a short summary report. It is anticipated that the report will be written as an
executive summary with summary tables, costs, and flood exhibits providing most of the
information.
9. ERA will perform final design verification modeling. The purpose of this task is to verify that
GHA's final design of stormwater improvements continue to meet the goals of the
recommended improvements identified. In this task ERA will utilize the proposed conditions
March 13,2022 GHA Proposal No.2022.M019 Page 2 of 5
XPSWMM modeling and GHA design plans to verify that final design revisions to the storm
sewers and/or detention facilities continue to meet the goals of the improvements. This task
may include storm sewer revisions due to utility conflicts, detention revisions due to Park
District requests, final design cost saving ideas, etc. ERA will coordinate consistently with GHA
and Buffalo Grove on design questions that may impact stormwater performance.
C. Wetland Consulting
This project appears to have two separate bodies of water (Northwood Park and Ridgewood Pond)
which need to be delineated to determine jurisdiction for permitting purposes. GHA will provide
wetland consulting services to include the following:
1. GHA will delineate all Waters of the U.S. (WOUS), including wetlands, in conformance with
Local and County ordinances and U.S. Army Corps of Engineers;
2. GHA will review aerial photos of site, both current and historic; review of USGS topographic
map; review of National Wetland Inventory map; review of Cook County Soil Survey; review of
FEMA map;
3. GHA will perform an on-site investigation; analysis and documentation of the existing
vegetation, hydrology, and soil; flagging of WOUS and/or wetland boundaries at approximately
15-foot intervals (and location via handheld GPS unit);
4. GHA will prepare a Wetland Delineation Report summarizing the findings. GHA will submit one
PDF copy of the report to the Client and advise Client of future permits that may be needed for
development of the property.
5. Once jurisdiction of the waters and wetlands have been determined, GHA will assist with the
necessary permitting should the proposed improvements encroach on these areas.
D. Final Engineering Design & Permitting Phase
Upon notice to proceed, GHA will provide the following services:
1. Meet with Village Staff to discuss the project. We anticipate up to eight (8) 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.
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 Storm Water Pollution Prevention Plan and NPDES Construction Site
Activities permit application.
5. Preparation of an Engineer's Opinion of Probable Cost based on the completed final
engineering plans and specifications.
6. Preparation of complete bid packages for distribution to contractors and the Village.
7. Respond to bidding questions and issue addenda as necessary.
March 13,2022 GHA Proposal No.2022.M019 Page 3 of 5
8. Attend the bid opening, prepare a summary of the received bids, and make a recommendation
for award of the contract.
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.
Ill. 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.
6. 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
Since a final scope of work still needs to be determined for the overall project, we have based our fee on
the estimated construction cost (with contingency) of$8,400,000 less the work that BLA is responsible for.
GHA proposes to invoice the Village of Buffalo Grove on a not-to-exceed (NTE) fee (except as noted) as
follows:
Service NTE Fee
Phase 1 Stormwater(allowance) $40,000.00
Wetland Consulting and Final Engineering Design & Permitting Phase $414,000.00
Estimated Reimbursable Expenses $5,000.00
NTE Fee + Reimbursables $459,000.00
March 13,2022 GHA Proposal No.2022.M019 Page 4 of 5
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.
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 Buffalo Grove
2 xxxxxxxxxxxxxxxxxxxxxxxxxx
Leo X. Morand, P.E.
Director of Municipal Services Name: XXXXXXXXXXXXXXXXXXXXXXX
Title: XXXXXXXXXXXXXXXXXXXXXXX
Date: XXXXXXXXXXXXXXXXXXXXXXX
Encl.: Attachment A
Hourly Rates
March 13,2022 GHA Proposal No.2022.M019 Page 5 of 5
re GEWALT HAMILTON
ASSOCIATES, INC.
An Employee-Owned C'oinpanl
GHA PROFESSIONAL SERVICES HOURLY RATE GUIDE:
2022
The following rates will remain in effect until December 31, 2022, at which time they are subject to an
annual increase:
PRINCIPAL $ 240.00
CIVIL ENGINEER VI $ 205.00
CIVIL ENGINEER V $ 201.00
CIVIL ENGINEER IV $ 199.00
CIVIL ENGINEER III $ 178.00
CIVIL ENGINEER II $ 167.00
CIVIL ENGINEER I $ 146.00
LAND SURVEYOR IV $ 171.00
LAND SURVEYOR III $ 147.00
LAND SURVEYOR II $ 143.00
LAND SURVEYOR I $ 134.00
GIS PROFESSIONAL III $ 178.00
GIS PROFESSIONAL II $ 156.00
GIS PROFESSIONAL I $ 145.00
ENVIRONMENTAL CONS. II $ 151.00
ENVIRONMENTAL CONS. I $ 138.00
ENGINEERING TECHNICIAN V $ 199.00
ENGINEERING TECHNICIAN IV $ 151.00
ENGINEERING TECHNICIAN III $ 138.00
ENGINEERING TECHNICIAN II $ 121.00
ENGINEERING TECHNICIAN I $ 91.00
ADMINISTRATIVE I $ 73.00
Services provided under this Agreement will be billed according to the rates in effect at the time
services are rendered.
GEWALT HAMILTON ASSOCIATES, INC. - 625 FOREST EDGE DRIVE - VERNON HILLS, IL 60061
847.478.9700 GHA-Engineers.com
Exhibit B.
Agreed Upon Pricing Structure
Included with the Proposal documents of Exhibit A.
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Exhibit C.
Insurance
1. Firm's Insurance
Firm shall procure and maintain, for the duration of the Contract and any maintenance period,
insurance against claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Firm, his agents, representatives,
employees or subcontractors.
A. Minimum Scope of Insurance:Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of
Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary,non-
contributory additional insured coverage shall be confirmed through the following required policy
endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13.
1) Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village
named as additional insured,on a form at least as broad as the ISO Additional Insured
Endorsement CG 2010 and CG 2026
2) Insurance Service Office Business Auto Liability coverage form number CA 0001,Symbol 01"Any
Auto."
3) Workers'Compensation as required by the Labor Code of the State of Illinois and Employers'
Liability insurance.
B. Minimum Limits of Insurance: Firm shall maintain limits no less than:
1) Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage.The general aggregate shall be twice the required
occurrence limit. Minimum General Aggregate shall be no less than$2,000,000 or a
project/contract specific aggregate of$1,000,000.
2) Business Automobile Liability:$1,000,000 combined single limit per accident for bodily injury and
property damage.
3) Workers'Compensation and Employers' Liability:Workers'Compensation coverage with
statutory limits and Employers'Liability limits of$500,000 per accident.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Village.At the
option of the Village,either:the insurer shall reduce or eliminate such deductibles or self-insured retentions
as it respects the Village, its officials, agents, employees and volunteers; or the Firm shall procure a bond
guaranteeing payment of losses and related investigation,claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain,the following provisions:
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1) General Liability and Automobile Liability Coverages:
The Village, its officials,agents,employees and volunteers are to be covered as insureds as
respects:liability arising out of activities performed by or on behalf of the Firm; products and
completed operations of the Firm; premises owned, leased or used by the Firm;or automobiles
owned, leased, hired or borrowed by the Firm.The coverage shall contain no special limitations
on the scope of protection afforded to the Village, its officials,agents,employees and volunteers.
2) The Firm's insurance coverage shall be primary and non-contributory as respects the Village,its
officials,agents,employees and volunteers.Any insurance or self-insurance maintained by the
Village, its officials,agents,employees and volunteers shall be excess of Firm's insurance and
shall not contribute with it.
3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the Village, its officials,agents,employees and volunteers.
4) The Firm's insurance shall contain a Severability of Interests/Cross Liability clause or language
stating that Firm's insurance shall apply separately to each insured against whom claim is made
or suit is brought,except with respect to the limits of the insurer's liability.
5) If any commercial general liability insurance is being provided under an excess or umbrella
liability policy that does not"follow form,"then the Firm shall be required to name the Village,
its officials,employees,agents and volunteers as additional insureds
6) All general liability coverages shall be provided on an occurrence policy form.Claims-made
general liability policies will not be accepted.
7) The Firm and all subcontractors hereby agree to waive any limitation as to the amount of
contribution recoverable against them by the Village. This specifically includes any limitation
imposed by any state statute, regulation,or case law including any Workers'Compensation Act
provision that applies a limitation to the amount recoverable in contribution such as Kotecki v.
Cyclops Welding
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VoBG-2018-16
E. All Coverages:
1) No Waiver. Under no circumstances shall the Village be deemed to have waived any of the
insurance requirements of this Contract by any act or omission, including,but not limited to:
a. Allowing work by Firm or any subcontractor to start before receipt of
Certificates of Insurance and Additional Insured Endorsements.
b. Failure to examine, or to demand correction of any deficiency,of any
Certificate of Insurance and Additional Insured Endorsement received.
2) Each insurance policy required shall have the Village expressly endorsed onto the policy as a
Cancellation Notice Recipient.Should any of the policies be cancelled before the expiration date
thereof, notice will be delivered in accordance with the policy provisions.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A-,VII and licensed to do
business in the State of Illinois.
G. Verification of Coverage
Firm shall furnish the Village with certificates of insurance naming the Village,its officials,agents,
employees, and volunteers as additional insured's and with original endorsements, affecting coverage
required herein. The certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf.The certificates and endorsements are to be received
and approved by the Village before any work commences. The Village reserves the right to request full
certified copies of the insurance policies and endorsements.
H. Subcontractors
Firm shall include all subcontractors as insured's under its policies or shall furnish separate
certificates and endorsements for each subcontractor.All coverage's for subcontractors shall be subject to all
of the requirements stated herein.
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VoBG-2018-16
J. Workers'Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove, its
officials, employees, agents and volunteers for losses arising from work performed by Firm for the
municipality.
1) NCCI Alternate Employer Endorsement (WC 000301) in place to insure that workers' compensation
coverage applies under Firm's coverage rather than the Village of Buffalo Grove's, if the Village of
Buffalo Grove is borrowing, leasing or in day to day control of Firm's employee.
K. Failure to Comply
In the event the Firm fails to obtain or maintain any insurance coverage's required under this
agreement,The Village may purchase such insurance coverage's and charge the expense thereof to the Firm.
L. Professional Liability
1) Professional liability insurance with limits not less than $1,000,00 each claim with respect to
negligent acts, errors and omissions in connection with professional services to be provided under
the contract,with a deductible not-to-exceed $50,000 without prior written approval.
2) If the policy is written on a claims-made form,the retroactive date must be equal to or preceding the
effective date of the contract. In the event the policy is cancelled, non-renewed or switched to an
occurrence form, the Firm shall be required to purchase supplemental extending reporting period
coverage for a period of not less than three(3)years.
3) Provide a certified copy of actual policy for review.
4) Recommended Required Coverage (architect, engineer, surveyor, consultant): Professional liability
insurance that provides indemnification for injury or damage arising out of acts,errors,or omissions
in providing the following professional services, but not limited to the following:
a. Preparing, approving or failure to prepare or approve maps, drawings, opinions, report,
surveys,change orders,designs or specifications;
b. Providing direction, instruction, supervision, inspection, engineering services or failing to
provide them, if that is the primary cause of injury or damage.
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