2014-12-01 - Resolution 2014-28 - APPROVING AN AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE 2015 VILLAGE WIDE CONTRACTUAL STREET IMPROVEMENT PROJECTRESOLUTION NO. 20I4 - 28
A RESOLUTION APPROVING AN AGREEMENT FOR CONSTRUCTION
ENGINEERING SERVICES FOR THE 20I5 VILLAGE WIDE CONTRACTUAL
STREET IMPROVEMENT PROJECT
WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE desire to cause the implernentation of the 2015 Village
Wide Contractual Street Improvernent Project, and
WHEREAS, the approval of an agreernent with a consulting engineer is required in
order to proceed with the necessary otgineering of the project.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of
the Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the President is hereby
authorized and directed to execute the "Design Engineering Services Agreement" with
Gewah Hamilton Associates, Inc. A copy of said contract is attached hereto and made a part
hereof.
AYES:
NAYES:
ABSENT:
PASSED:
6 - Berman. Trillins. Sus Terson, Stein, Ottenheimer
0 - None
0 - None
Decernber 1,2014
APPROVED:Decem ber 1.2014
APPROVE
dent
ATTEST:
n
^-?a:^--
q'r
Clerk
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Id:[I GtilALI llAti,|ITIO1{
November 21, 20'14
Revised December 1, 2014
Mr. Danen Monico, P.E.
Village Engineer
Village of Buffalo Grove
51 Raupp Blvd
Buffalo Grove, lllinois 60089
ASS0CTATES, tr{C.
CONSULTING ENGINEERS
625 Forest Edg€ Drive, Vernon Hills, IL 6fi),61
TeL 847.47a.97M . F^x U7.478.9701
wwvr.gha-engineers.com
Re Professional Engineering Services
2015 Roadway MFT Prolect
Village of Buffalo Grove
GHA Proposal No. 2014.M058
Thank you for considering Gewalt Hamilton Associates, lnc. (GHA) for the design engineering services and
preparation of plans and specifications for the above referenced roadway improvement projects.
The Roadway Program will consist of 13 roadways with varying amounts of rvork. The roadways under
consideration are:
r Cherbourg Court S (Cherbourg Dr to cul{e-sac) = 440 LF
. Cherbourg Court N (Cherbourg Drto cul-de-sac) = 220 LF
r Cherbourg Drive (McHenry Road to W Fox Hill Drive) = 950 LF
o Toulon Drive (Cherbourg Drto cul{e-sac) = 890 LF
o W Fox Hill Drive (Buffalo Gmve Road to 120'west of Dunhill Dr) = 2,050 LF
o Marseilles Circle (W Fox Hill Drive to Toulon Drive) = 2,450 LF
. Alsace Circle (W Fox Hill Drive to W Fox Hill Drive) = l,Qlg gp
o Alsace Court (Alsace Circle to cul{e.sac) = 230 LF
. Newtown Drive (Weiland Road to Highland Gnove Drive) = 1,260 LF
r E Fox Hill Drive (Newtown Drive to Highland Grove Drive) = 1,610 LF
o Prairie Lane (Newtown Drive to E Fox Hill Drve) = 710 LF
o Hill Court W (E Fox Hill Drive to cul{e-sac) = 240 LF
o Hill Court E (E Fox Hill Drive to cul{e.sac) = 190 LF
lf you should have any questions or require additional information, please do not hesitate to contact me.
Sincerely,oy Hamilton Associates, lnc.
"1A
End.: GHA Proposal No.2014.M056
Dear Mr. Monico:
%.*,/
Leo X. Morand, P.E.
Civil Engineer
lmorand@oha-enqineers.com
'd ! J,l GtilAtT ltAtilfl.I0il
\LJ l7;t AssocrATEs, rxc.
Professional Engineering Services
2015 Roadway MFT Project
Village of Buffalo Grove
GHA Proposal No, 2014.M058
CONSULTING ENGIN EERS
625 Forest Edgc Drive Vcmon Hills, IL 60061
TeL u7.478.97@ . F^x t47.47t.9701
www.gha-cngi[ccrs.com
Village of Buffalo Grove (Client), 51 Raupp Blvd, Buffalo Grove, lL 60089, and Gewalt Hamilton Associates,
lnc. (GHA), 625 Forest Edge Drive, Vemon Hills, lL 60061, agree and contract as follows:
November 21, 2014 GHA Proposal No. 2014.M058 Page 1 of I
l. ProjectUnderstanding
The Village of Buffalo Grove wishes to conduc{ roadway improvement projecl consisting of work at various
locations within he Village, as follows:
'1. Cherbourg Court S from Cherbourg Drive to cul-de-sac - 440 feet
a. The Cherbourg Court S project will most likely include spot curb and gutter removal and
replacement and full width pavement milling and resurfacing. Typical sections, quantities
and specifications will be developed for bidding and construction. No engineering plans
will be developed for this roadway section.
b. The Village will provide all necessary pavement cores, quantities, and CCDD
testing/documentation.
c. Confirmation that the existing sidewalk and curb ramps meet cunent State of lllinois
accessibility requirements is not included in our scope of wo*. We will however assume
that all curb ramps need to be replaced and quantities will be determined for this work. lt
shall be the responsibility of the resident engineer during construction to determine the
e(ent of this work and that the final installation meets the cunent State of lllinois
accessibility requirements.
2. Cherbourg Court N from Cherbourg Drive to culde-sac - 220 teet
a. The Cherbourg Court N project will most likely include spot curb and gutter removal and
replacement and full width pavement milling and resurfacing. Typical sections, quantities
and specilications will be developed for bidding and construction. No engineering plans
will be developed for this roadway section.
b. The Village will provide all necessary pavement mres, quantities, and CCDD
testing/documentation.
c. Confirmation that the existing sidewalk and curb ramps meet cunent State of lllinois
accessibility requirements is not included in our scope of work. We will however assume
that all curb ramps need to be replaced and quantities will be determined for this work. lt
shall be the responsibility of the resident engineer during construction to determine the
extent of this work and that the final inslallation meets the cunent State of lllinois
accessibility requirements.
3. Cherbourg Drive from McHenry Road to W Fox Hill Drive - 950 feet
a. The Cherbourg Drive project will most likely include spot curb and gutter removal and
replacement and full width pavement milling and resurfacing. Typical sections, quantities
and specifications will be developed for bidding and construction. No engineering plans
will be developed for this roadway section.
b. The Village will provide all necessary pavement cores, quantities, and CCDD
testing/documentation.
c. Conlirmation that the existing sidewalk and curb ramps meet cunent State of lllinois
accessibility requirements is not included in our scope ol work. We will however assume
that all curb ramps need to be replaced and quantities will be determined for this \,rcrk. lt
shall be the responsibility of the resident engineer during construction to determine the
extent of this work and that the final installation meets he cunent State of lllinois
accessibility requirements.
4. Toulon Drive from Cherbourg Drive to cul{e-sac - 890 feet
a. The Toulon Drive project will most likely include spot cuft and gutter removal and
replacement and fullwidth pavement milling and resurfacing. Typical sections, quantities
and specilications will be developed for bidding and construction. No engineering plans
will be developed for this roadway section.
b. The Village will provide all necessary pavement cores, quantities, and CCDD
testing/documentation.
c. Confirmation that the existing sidewalk and curb ramps meet curent State of lllinois
accessibility rcquirements is not included in our scope of work. We will however assume
that all cuft ramps need to be replaced and quantities will be determined for this uo*. lt
shall be the responsibility of the resident engineer during construction to determine the
extent of this work and that the final installation meets he cunent State of lllinois
accessibility requirements.
5. W Fox Hill Drive from Buffalo Gmve Road to 120' west of Ounhill Drive - 2,050 feet
a. TheWFoxHill Drive project will most likely include spot curb and gutter removal and
replacement and fullwidth pavement milling and resurfacing. Typical sections, quantities
and specificalions will be developed for bidding and construction. No engineering plans
will be developed for this roadway section.
b. The Village will provide all necessary pavement cores, quantities, and CCDD
testing/documentation.
c. confirmation that the existing sidewalk and curb ramps meet cunent State of lllinois
accessibility requirements is not included in our scope of work. we will however assume
that all curb ramps need to be replaced and quantities will be determined forthis urork. lt
shall be the responsibility of the resident engineer during construction to determine the
extent of this work and that the final installation meets the cunent state of lllinois
accessibility requirements.
d. A Lake county Department of Transportation (LCDOT) Facility permit will be required for
work within the Buffalo Grove Right+f-Way.
November 21, 2014 GHA Proposal No. 2014.M058 Page 2 of I
6 Marseilles Circle from W Fox Hill Drive to Toulon Drive - 2,450 feet
a. The Marseilles Circle project will most likely include spot curb and gutter removal and
replacement and fullwidth pavement milling and resurfacing. Typical sections, quantities
and specilications will be developed for bidding and construction. No engineering plans
will be developed for this roadway section.
b. The Village will provide all necessary pavemenl cores, quantities, and CCDD
testing/documentation.
c. Confirmation that the existing sidewalk and curb ramps meet cunent State of lllinois
accessibility requirements is not included in our scope of wo*. We will however assume
that all curb ramps need to be replaced and quantities will be determined for this uorft. lt
shall be the responsibility of the resident engineer during construction to determine the
extent of this work and that the final installation meets the cunent State of lllinois
accessibility requirements.
Alsace Circle fiom W Fox Hill Drive to W Fox Hill Drive - 1,010 feet
a. The Alsace Circle project will most likely include spot curb and gutter removal and
replacement and full width pavement milling and resurfacing. Typical sections, quantilies
and specilications will be developed for bidding and construction. No engineering plans
will be developed for this roadway section.
b. The Village will provide all necessary pavement cores, quantities, and CCDD
testing/documentation.
c. Conlirmation that the existing sidewalk and curb ramps meet cunent State of lllinois
accessibility requirements is not included in our scope of work. We will however assume
that all curb ramps need to be replaced and quantities will be determined for this lnork. lt
shall be the responsibility of the residenl engineer during construction to determine the
extent of this work and that the final installation meets the cunent State of lllinois
accessibility requirements.
Alsace Court from Alsace Circle to cul{e-sac - 230 feet
a. The Alsace Court project will most likely include spl curb and gutter removal and
replacement and full width pavement milling and resurfacing. Typical sections, quantities
and specifications will be developed for bidding and construction. No engineering plans
will be developed for this roadway section.
b. The Village will provide all necessary pavement cores, quantities, and CCDD
testing/documentation.
c. Conlirmation that the existing sidewalk and curb ramps meet cunent State of lllinois
accessibility requirements is not included in our scope of work. We will however assume
that all curb ramps need to be replaced and quantities will be detemined for this uork. lt
shall be the responsibility ofthe resident engineer during construction to determine the
extent of this work and that the final installation meets he cunent State of lllinois
accessibility requirements.
7
8
November 21, 2014 Page 3 of IGHA Proposal No. 2014.tt058
9. Newtown Drive from Weiland Road to Highland Grove Drive - 1,260 feet
d. The Newtom Drive pmject will most likely include spot curb and gufter removal and
replacement and full width pavement milling and resurfacing. Typical sections, quantities
and specifications will be developed for bidding and mnstruction. No engineering plans
will be developed tor this roadway section.
e. The Village will provide all necessary pavement cores, quantities, and CCDD
testing/documentation.
f. Confirmalion that the existing sidewalk and curb ramps meet curent State of lllinois
accessibility requirements is not included in our scope of work. We will however assume
that all curb ramps need to be replac€d and quantities will be determined for this work. lt
shall be the responsibility ofthe resident engineer during construction to determine the
extent of this work and that the final installation meets he cunent State of lllinois
accessibility requirements.
g. A Lake County Department of Transportation (LCDO! Facility Permit will be required for
work within the Weiland Road Right-of-Way.
10. E Fox Hill Drive from Newtown Drive to Highland Grove Drive - 1,610 feet
a. The E Fox Hill Drive project will most likely include full curb and gutter removal and
replacement and full depth pavement reconstruction. The method of reconstruction will be
determined in consultation wrth the Village staff. Full plans and specifications will be
developed for bidding and construction.
b. The Village will provide all necessary pavement cores, quantities, and CCDD
testin g/documentation.
c. A convenlional existing condition survey of the street is already being provided under a
separate mntftlct.
d. The project will also include conlirming the existing sidewalk and curb ramps meet cunent
State of lllinois accessibility requirements.
e. A Lake County SMC WDO Permit for Public Road Development will be required for ttre
work due to disfurbing more than 5,000 square feet.
11. Prairie Lane from Neu,town Drive to E Fox Hill Drive - 710 teet
a. The Prairie Lane project will most likely include full curb and gutter removal and
replacement and full depth pavement reconstruction. The method of reconstruction will be
determined in consultation with the Village staff. Full plans and specifications will be
developed for bidding and construction.
b. The Village will provide all necessary pavement cores, quantities, and CCDD
testin g/documentation.
c. A conventional existing condition survey of the street is already being provided under a
separate contract.
d. The project will also include conlirming the existing sidewalk and curb ramps meet cunent
State of lllinois accessibility requirements.
November 21, 2014 GHA Proposal No. 2014.M058 Page 4 of I
ll, Scope of Services
The scope of services is based upon our knowledge of the Village, our review of the information fumished
to us, and our extensive experience in preparing contract documents for infrastructure improvement
projects.
A lD0T Coordination
GHA will assist the Village through the lDor MFT process from project initiation to contract approval
by IDOT. we will prepare all necessary forms for execution by the village and submittal to lDdT.
We will also coordinate all meetings with IDOT to secure appmval of the plans.
November 21, 2014 GHA Proposal No. 20'14.M058 Page 5 of 8
e. A Lake County SMC WDO Permit for Public Road Development will be required for the
work due to disturbing more than 5,000 square feet.
12. Hill Court W from E Fox Hill odve to cul{e-sac - 240 feet
a. The Hill Court W project will most likely include full curb and gutter removal and
replacement and full depth pavement reconstruction. The melhod of reconstruction will be
determined in consultation with the Village staff. Full plans and specifications will be
developed for bidding and mnstruction.
b. The Village will provide all necessary pavement cores, quantities, and CCDD
testin g/documentation.
c. A mnventional existing condition survey of the street is already being provided under a
separate conlract.
d. The project will also include confirming the existing sidewalk and curb ramps meet curcnt
State of lllinois accessibility requirements.
e. A Lake County SMC WDO Permit for Public Road Development will be required for the
trork due to disturbing more than 5,000 square feet.
'13. Hill Court E from E Fox Hill Drive to cul4e-sac - 190 feet
a. The Hill Coun E project will most likely include full curb and gutter removal and
replacement and full depth pavement reconstruction. The method of remnstruction will be
determined in consuftation with the Village staff. Full plans and specilications will be
developed for bidding and mnstruction.
b. The Village will provide all necessary pavement cores, quantities, and CCDD
testing/documentation.
c. A conventional existing mndition survey of the street is already being provided under a
separate mntract.
d. The project will also include confirming the existing sitjewalk and curb ramps meet cunent
State of lllinois accessibility requirements.
e. A Lake County SMC WDO Permit for Public Road Development will be required for the
work due to disturbing more than 5,000 square feet.
B Engineering Plans, Specifications, and Estimates
1 . Meet with Village Staff to discuss pavement strategies and project approach. We anticipate up
to six (6) meetings with Village staff throughout lhe design process. We have based our level
of compensation on this number ol meetings.
2. Preparation oflinal engineering plans in accordance with IDOT MFT requirements.
3. Preparation of special provisions and specilications in accordance with l0OT MFT
requirements.
4. Preparation of an Engineer's opinion of probable cost based on the completed final
engineering plans.
5. Preparation of a Stormwater Pollution Prevention Plan for roadways that disturb earth with a
cumulative total of at least 'l acre.
Permitting and Bidding
1. Preparation of submittals to various reMew agencies (beyond IDOT) necessary to begin work.
It is anticipated that an IEPA NPDES permit submission, an LCSMC WDO Permit submission
(Erosion Control Only) and an LCDOT permit submission will be required for portions of the
project.
2. Preparation of the necessary proposal booklets and schedules in order for Contractor,s to bid
the project.
3. Manage the bidding pmcess on behalf ofthe Village. GHA will respond to all technical
inquiries regarding the project.
4. Attendance the bid opening, tabulation ofthe bids, and preparation ofa recommendation.
Construction Contract
1. Assist Village with executing a Contract with the selected Contractor as rivell as obtaining a
Contract Bond.
2. Assist the Village with mmpletion of the |DOT contract and contract Bond Booklet and submit
it to IDOT for approval.
U
D
lll. Additional Services, and Seryices not lncluded
We are prepared, and r,rrould be pleased to provide additional assistance outside the scope described.
These services may be provided at the request of the Village of Buffalo Grove as an additional service.
1. Meetings with public officials, Village staff, agencies, homeowners, or consultants beyond
those noted in the scope. Attendance at public heanngs.
2. Performing surveying, mapping, and topographic uork, including investigation of underground
utilities and physical location of them (being provided under separate contract).
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.
November 21, 2014 GHA Proposal No. 2014.M058 Page 6 of 8
lV. Engineering Staff and Proposed Schedule
Mr. Leo X. Morand, P.E. will function as the Project Manager. Additional professional and technical staff will
provide support as needed.
GHA will wo* with the Client to establish an acceptable timeline for the project. We will make every
reasonable effort lo ensure that project milestones and deadlines are met.
Final Engineering Design Plans & Specs
Estimated Reimbursable Expenses
$44,600.00
$1,s00.00
T&M NTE + Reimbursables $46,100.00
For any additional services beyond those outlined in Sectrbn ll: Scope of Seruices, the Client shall pay GHA
in accordance with the following hourly rates:
GHA 2014 Hourly Billing Rates
$190/hr
$160/hr
$160/hr
$ r3?hr
$1 'r4lhr
$114/hr
$'110/hr
$108/hr
$106/hr
$92/hr
$66/hr
S54/hr
Reimbursable expenses, including items such as printing, messenger service, mileage etc., willbe billed
directly to the client without markup.
lnvoices will be submitted on a monthly basis by phase, and will detail services performed. This permits the
client to review the status of the vuork in progress and the charges made.
Principal Engineer
Senior Engineer
Senior Environmental Consultant
Professional Engineer
Registered Land Surveyor
GIS Professional
Staff Engineer
Senior Engineering Technician
Environmental Consultant
Engineering Technician ll
Engineering Technician I
Clerical
November 2'1, 2014 GHA Proposal No. 2014,M0S8 Page 7 of 8
6. Preparation of multiple bid set plans or phased plans.
7. Review fees or utility locate fees.
V. Compensation for Seryices
GHA proposes billing on a time-and-materials fl-&M) basis for a nofto€xceed (NTE) fee as shown below.
Service NTE Fee
Vl. General Conditions
The delineated seMces provided by Gewalt Hamilton Associates, lnc., (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 contracl for lhis 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 seMces hereunder. ln no event shall GHA be liable
for any loss of profit or any consequential damages.
GHA shall not have control of and shall not be responsible for construction means, methods, techniques,
sequences or procedures, or forjob site safety measures. Such control is the sole responsibility of the
Client's contractor.
The Client, and not GHA, is responsible for ensuring that the contractor implements the Storm Water
Pollution Prevention Plan (SWPPP), including maintenance and/or repair of soil erosion and sediment
control measures for compliance with the General NPDES Permit for Storm Water Discharges from
Construction Site Activities. GHA assumes no liability for any actions by the lllinois Envimnmental
Protection Agency (IEPA) resulting from the contractor's failure to comply with SWPPP orthe requirements
of the General Permit.
The Client and GHA agree frat all disputes between them arising out of or relating to this Agreement or the
Project shall be submitted to nonbinding mediation in Chicago, lllinois unless Ure parties mutualty agree
othenitise.
This Agreement, including allsubparts and Addendum to Conlract, which is attached hereto and
incorporated herein as the General Provisions of this Agreement, mnstitute the enlire integrated agreement
between the parties wtrich may not be modified without all parties consenting thereto in Miting.
By signing below you indicate your acceptance of this Agreement in its entirety.
Gewalt Hamilton Associates, lnc Village of Buffalo Grove
Todd P. Gordon, P.E.
Associate/Senior Engineer
Date: E
End.: Attachment A
\
November 21, 2014 GHA Proposal No. 20'14.M058
3o
Page 8 of 8
tu24./)
Title:I
ATTACHMENT A TO GEWALT HAMILTON ASSOCIATES. INC..
PROFESSIONAL SERVICES AGREEMENT
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 ciyil orgineering and surveying services as reflected in the contract for this
proj€ct at the time when and the place wh€re the services are performed.
The tems of this Agreement are subject to renegotiation ifnot accepted within 60 days ofthe date indicated on th€ contract. Requests for
extansion beyond 60 days should be made in wriling prior to the cxpiBtion date. The fees and terms ofthe Agreement shall remain in full
force and effect for one year liom the date of acceptance of the Agreement, and shall be subject to revision at that time, or any time
thereafter, if GIIA gives written notice to the othsr party at least 60 days prior to the requesled date of revision. In the event that the parties
fail to agree on the new rates or other revisions, either party may terminate this Ageement by giving the other party I O days written notice.
Payments are due within (30) days after a statement is rendered. Fees not paid within 60 days ofthe end ofthe calendar month in which the
statement is rendered will bear interest at the rate ofone percent (1.0%) per month until paid. The provision for the paymert of interest shall
not be construed as authorization to make payments late. Failure ofthe Client to make payments when due shall, at the option of GIIA, be
cause for suspension of services. Upon notification by GHA ofsuspension of ssrvices, Client shall make paymott ofall outstanding invoices
within seven days. Client's failure to make such paymenl to GtlA shall constitute a material breach ofthe Agreement and shall be cause for
termimtion by G[IA. GHA shall be entitled to reimbursement ofall costs actually incuned by GHA in collecting ovadue accounts under
this Agreement, including, without limitations, legal fees and costs.
The Client's obligation to pay for the professional services provided is in no way dependent upon the Client's ability to obtain financing,
rezoning, payment from a third party, approval ofgovemmental or regulatory agencies or the Client's successful completion ofthe project.
The Client and GHA agIee that any documents prepared by either pany shall conform to the specifications listed in the Engineering
Ageemsrt. Any elechonic files submitted by GHA to the Client are submitted for an acceptance period of l0 days. Any defects the Client
discovers during this period will be reponed to GIIA and will be correctcd as part of GtIA's Basic Scope of Services. Corrections ofdefects
detected and reported after the acceptance period will be compensated for as Additional Services.
The Client acknowledges GHA's plans and specifications, including field dat4 notes, calculations, and all documents or data on electronic
medi4 as instruments of pnofessional service. The plans and specifications prepared under this Agreem€nt shall become the property of the
Client upon completion of the services and payment in full of all moniqs due to GHA. However, GllA shall raain ownership rights ovcr all
elecfonic data and documents.
The Clie[t shall not reuse or make or permit to be made any modification to the plans, specifications, or electonic data without the prior
written authorization ofGHA. The Client agrees to waive any claim agains GHA arising from any unauthorizcd reuse or modificalion otthe
plans and specifications or el€ctronic data. The Cliort agrees, to the fullest €xt€nt permitted by law, to defend and indemnifo and hold GHA
harmless from any damage, liability or cos, including attomeys' fees and cosls, arising from any reuse or modification of the plans,
specifications, or electronic data by the Client oI any person or eltity which acquires or obtains the plans, gecifications, or electronic data
from or through the Client.
The client is aware that differences may exist betwetr the electronic files delivered and the printed plans ard s?ecifications. In the event ofa
conflict between the signed and/or sealed p nted plans and specifications prepared by GHA and electronic files, the signed and,/or sealed
printed plans and specifications shall govern.
The Americans with Dsabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy
later than January 26, 1993, that does not meet the accessibility and usability requiremenis of the ADA except wherc an entity can
demonstrate that it is structurally impractical to meet such requirements. The Client acknowledges that the requirements ofthe ADA will be
subject to various, and possibly contradictory interpretations. GHA, therefore, will use reasonable professionai efforts to interpret applicable
ADA requirements and other federal, state and local laws, rules, codes, ordinances, and regulations as they apply to ttr" p-;oi.' CUe,
however cannot and does not warrant or guarante€ that the Client's project will comply with interpraationi oi iba requirements andlo.
requirements of other federal, state and local laws, rules, codes, ordinances, and regulati,ons as they ajply to the project.
If required by the contracted scope ofservices, GHA, shall prepare an opinion ofprobable construction cosrs, which shall be submitted to the
Client for review. Since GHA hasno control over the cost oflabor, materials, or equipment, or over the contractor's methods ofdetermining
prices, or over competitive bidding or marka conditions, opinions of probable costi, if called for by this Ageement as part of GHA's scopel
shall be made on the basis of experience and qualifications applied to the program contemplated by the Agieement and information provided
by Owner, and represent a reasonable judgmsnt as a design professional fimiliar with the construition inJustry. However, GHA cannot and
does^not guarantee or warrant that proposals, bids, or the actual construction costs will not vary from opinioni ofprobable cost prepared for
the Clielt. If the Cliort wishes greater assurance as to the construction cost, Client agrees it wili employ'an independent cost estimator.
If required by the Scope of Services, GHA shall visit the project at d€fin€d intervals during construction to become generally familiar withthe progress and quality of the contractors' work to determine if the work is proceeding in gencral conformance with the contract
Documents.
Attachment A, Novcmber, 2005 Page I of2
Cliort agees that GIIA does not have contsol ofand is not responsible for construction means, methods, techniques, soquences or proceduos,
or for safety measurcs and programs including enforcement of Federal, State and County safety requtsments, in connection with construction
work performed by the Client's constmction contactorc. GI{A is not responsible for th€ supervision of Client's construction contractors,
subcontractors, materialmcn, suppliers, or ary of their employees, agents and represontatives of such confactors; or responsible for any
machinery, construction equipment, and tools us€d and employed by contractors and subconhactors in the project. GHA, Inc. has no authority
or right to stop tho work. In no event shall GIIA be liable for th€ acts or omissions of Client's construction contractors, subconhactors,
matsrialmen or suppliers, or any psrsons or entities performing any ofthe construction work, or for failure ofany of them to cary out their
work as called for by the Construction Documents.
Neither the professional activities of G[IA, nor the presence of GllA or its ernployees and subconsultants (if any) at a construction site, shall
relieve the Contractor or any other ertity of their obligations, duties and responsibilities including but not limited to, construction means,
methods, sequance, techniques, or procedures necessary for performing, superintending or coordinating all portions of the Work in
accordance with the Contract Documents and any health or safety precautions required by any rcgulatory agancies or industry praaicc. GHA
persomel havc no authority or right to exercise any conaol or direction over any construction contractor or otha entity or their employees in
cormection with their work or any health or safety precautions. The Client agrees that the Contractor is solely responsible forjobsite safety,
and warrants that this intent shall be included in the Client's agreement with the Contractor. Thc Client also agees that the Client, GIIA, and
GIIA's personnel and consultants shall be defended./indemnified by th€ Contractor for all claims asserted agains GIIA which arise out ofthe
Contractor's or its subconkactors' negligence, errors or omissions in their performance of their work, and shall also be named as an
additional insured under the Contractor(s)'s genenl liability insurance policy.
It is acknowledged by both panies that GIIA's scope of services does oot include any services related to asbestos, mold, fungus or any other
hazardous or toxic materials, contaminants or pollutants. In the event that GHA, or any other party encounters asbestos mold, fungus or any
other hazardous or toxic materials, contaminants or pollutants at thejob site, or it should become known irt any way that such materials may
be present at the jobsitc or any adjacent areas that may affect the performance of GIIA, GHA may, at its option and without liability for
consequantial or any other damages, suspend performance of its serviccs on the project until thc Clicnt retains appropriate specialisl
consultants or contractors to identiry, abate and/or remove the asbesos, mold, fungus or any other hazardous or toxic materials, contaminants
or pollutants and funher warant that thejobsite is in full compliance with applicable laws and regulations.
If required by the scope of services, records drawings (or revised specifications) will be prepared, in part, on the basis of information
compiled and fumished by others, the accuracy of which GHA may reasonably rely upon, GIIA will not be responsible for any enors or
omissions, which have been incorporated into this document due to information fumished by others.
When preparing civil engineering or suweying plans and drawings, information on existing underground utiliti€s or soil conditions is
provided fiom the best information available- This information may be obtained fiom visible surface evidence, utility company records or
soil borings, and is not rspresented to be the exact location ofthese utilities or soils in the fields. Client agrees that GIIA may reasonably rely
on the accuracy of information fumished by third pafiies. Contractor is solely responsible for exact utility locations. Client shall not hold
GIIA responsible for Contractor's error/omission in the utility locations. Client agrees GHA is not responsible for additional costs which
result from utility conflicts or unforeseen conditions. Ifthe Cliert wishes to obtain the services ofa contractor to provide test holes and exact
utility locations, GrIA, may incorporate that information into the design and reasonably rely upon same. If not included in the scope of
servicrs, such work will be compensated as additional services.
The Client agrees to limit GHA's professional liability to the Client and to all construction contractors, or subconfactors on the project
arising from GHA, Inc.'s alleged negligert acts, erors, or omissions, such that the total aggregate liability of GIIA, Inc. to all those named
shall not exceed $50,000 or GHA's total fee for the services randoed on this project, which€ver is greater. GHA, Inc. makes no warranti€s,
cither expressed or implid including any warranty of habitability, merchantability or fitness for any particular purpose. In no event shall
GIIA be liable for any loss ofprofit or any consequential damages.
All claims, disputes, controversies or matters in question arising out ofor relating to this Agreement or any breach thereof, including but not
limited to disputes arising out of alleged design defects, breaches of contract, errors, omissions, or acts of professional n"glig"r""
(collectively "disputes") shall be submitted to mediation before and as a condition preccdent to any other remedy. Upon nritten request by
either party to this Ageement for mediation ofany dispute, the Client and GHA shall select by mutual agreement a neutral mediatoi. Such
selection shall be madc within ten (10) calendar days of the date of receipt by the oth€r party of the written request for mediation. In the
evsrt of failure to reach such agreement or in any instance whefl the selected mediator is unable or unwilling to serve and a r€placement
mediatorcannot be agreed upon by Client or GHA within ten (lO) calendar dayq a mediator shall be chosen as specified in the Construction
lndustry Mediation Rules ofthe American Arbitration Association then ir effect. Mediation shall take place in thicago, Illinois unless thc
Client and GHA agree otherwise. The fees ofthe mediator(s) and costs incurred by the mediato(s) shall be apportioneJ equally between the
pa.ties.
Eillrer the Client or GIIA may tsrminate this Ag'eement without penalty at any time with or without cause upon giving the other party ten
(10) calendar days prior'\f,Tittsn notice. The Clisnt shall, within thirty (30) calendar days of termination p"y bne fo.
"tt services ieniered
and all costs incuned up to the date of termination, in accordance with compensation provisions to this Agreernent. The Client shall also
reimburse GIIA termination expenses, including, but not limited to, those associated with demobilization, reassignmort of personnel and
space and equipment costs. Client shall not assign this Agreement without GHA'S written collsent.
Attachmeol A, Novcmbcr,2006 Page 2 of2