2015-21 - APPROVING AN AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE 2015 STREET IMPROVEMENT PROJECT - 05/18/2015 RESOLUTION NO. 2015–21
A RESOLUTION APPROVING AN AGREEMENT FOR
CONSTRUCTION ENGINEERING SERVICES FOR THE
2015 STREET IMPROVEMENT PROJECT
WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE desire to cause the implementation of the 2015 Street Improvement Project,
and
WHEREAS, the approval of an agreement with a consulting engineer is required in order
to proceed with the necessary engineering 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 "Construction Engineering" with Gewalt Hamilton
Associates, Inc., dated May 1, 2015. A copy of said Agreement is attached hereto and made a
part hereof.
AYES: 5– Berman Trilling, Stein Ottenheimer, Weidenfeld
NAPES: 0 - None
ABSENT: 0-None
PASSED: May 18, 2015.
APPROVED: May 18, 2015.
APPROVED:
— -A 1 %a AL �A-01s-
Village Frrei ide
ATTEST:
r
Village Clerk
Res 15-
GEWALT HAMIRN
'Lo I' Fall ASSOCIATES, INC.
May 1, 2015 CONSULTING E N G I N E E R S
Mr. Kyle Johnson, P.E. 625 Forest Edge Drive,Vernon Hills,IL 60061
Engineer TEL$47.478.9700 0 FAx 847,478,9701
Village of Buffalo Grove www,gha-enghieers.corn
51 Raupp Blvd.
Buffalo Grove, Illinois 60089
Re: Construction Engineering Services Agreement
2015 MFT Roadway Improvements
Section 15-00105-00-RS
GHA Proposal No. 2015.CS037
Dear Mr. Johnson:
On behalf of Gewalt Hamilton Associates, Inc. (GHA), we thank you for the opportunity to assist the Village
of Buffalo Grove with the implementation of your annual roadway improvement project. Based on our
previous conversations with your staff regarding this project, we submit the following for your review and
acceptance.
The Village of Buffalo Grove(Village), and Gewalt Hamilton Associates, Inc., (GHA) agree and contract as
follows:
I. Project Understanding
The Village of Buffalo Grove plans to upgrade its roadway infrastructure by improving portions of the
system located along various routes within the Village. It is understood that the funding for a majority of the
construction will be from the Village's MFT account. It is also understood that our services will be paid for
using only Village funds.
The current effort will focus on the rehabilitation/repaving of approximately 12,800' of roadway. Planned
work generally includes Hot Mix Asphalt(HMA) pavement removal and replacement, aggregate base
course, driveway removal and replacement, structure adjustments, storm sewer installation, curb and gutter
removal and replacement, full-depth reclamation, sidewalk repairs, and general site restoration.
Ill. Scope of Services
GHA proposes to provide construction engineering services to include the following:
A. Construction Engineering and Observation Services
1. Attendance at one (1) pre-construction meeting is included. GHA will provide the Village a
summary in the form of Minutes for their records.
2. Construction engineering and observation services will be full-time for an estimated 60 working
day schedule. This schedule includes GHA punch list generation and work completion by the
contractor. A single inspector-equivalent will be provided for up to a 45-hour work week, Monday
through Friday, over the duration of the project. The proposed fee reflects all anticipated
construction observation services, plus appropriate project management time and administrative
3600 1-70 Drive SE,Suite E,Columbia,N10 65201 a TEt,573.397.6900 a FAx 573.397.6901
The Monadnock Building,53 W,Jackson Blvd.,Suite 924,Chicago,H,60604 a TEL 312.329,0577 a FAx 312.329,1942
services within the 60 working day time frame. If additional inspectors are necessary in order to
expedite the construction schedule, or if multiple crew coverage is desired by the Village, these
services will be provided on an as-needed basis, upon prior written approval from the Village,
with an appropriate adjustment to our fees if budget doesn't remain.
3. GHA will prepare a project punch list at the completion of major construction activities and will
follow up with the contractor regarding its timely completion.
4. GHA will maintain the project quantity book over the duration of construction.
5. GHA will maintain the weekly summary report over the duration of the project.
6. GHA will communicate daily progress to client staff in-person or by telephone.
7. GHA will assist the Village staff with resident issues/complaints, as needed.
B. Progress Meetings and Project Management
1. Client will be provided copies of the Inspector's Weekly Report on a weekly basis.
2. GHA will coordinate with the contractor regarding the processing and approval of pay requests,
force accounts and change orders.
3. An allowance for bi-monthly project progress meetings has been provided that will average one
(1) hour in duration. GHA will provide the Village a summary in the form of Minutes for their
records.
C. Material Testing Services
GHA has provided an allowance not to exceed $13,000.00 for Phase III material testing services, and
will retain a qualified firm directly to complete these services. The Village will only be billed for actual
testing required and completed.
D. Construction Staking
GHA field staff will provide the necessary surveying to provide staking and layout for the construction
of the improvements.
E. Project Closeout Documentation
1. GHA will prepare project closeout documentation following IDOT guidelines for the Village's files,
including BLR 13210 Request for Approval of Change in Plans and BLR 13231 Engineer's Final
Payment Estimate.
2. GHA will provide the Village a copy of the daily diary pages and quantity book at project closeout
for their files, along with all project load tickets.
111. Services Not Included
The following are not included in the Scope of Services:
1. Boundary or topographic surveying;
2. Permit fees and review fees(responsibility of the Client);
3. As-built surveys (to be provided by the Contractor);
4. IEPA NPDES permitting, SWPPP plan preparation and NPDES compliance monitoring (not
anticipated to be required);
5. Project documentation using IDOT ICORS management system;
May 1,2015 GHA Proposal No.2015.CS037 Page 2 of 4
6. Meetings with public officials, construction managers,the Village, or agencies beyond those
included in the scope;
IV. Engineering Staff
Mr. Leo X. Morand, P.E. will serve as the Project Manager and will be the primary contact for the Village.
We anticipate Mr. Brian J. Wesolowski, P.E. will serve as Resident Engineer. When work flow warrants,
Brian will be assisted as needed by an engineering intern. This will fit within the proposed budget/schedule
shown. Additional professional and technical staff will provide support as needed.
V. Compensation for Services
The following is an estimated breakdown of the proposed services and associated fees. Please note that
these are estimates only and may be subject to change once work has commenced.
Estimated
Task Fee
Project Management, Progress Meetings, Documentation Closeout $32,300.00
Construction Engineering and Observation Services $83,400.00
Construction Stakinq $9,500.00
Totals $125,200.00
Estimated Reimbursable Expenses' $16,000.00
Total Hourly Not-to-Exceed Fee $141,200.00
Reimbursable expenses, such as printing, messenger service, mileage etc., will be billed directly to the
Client without markup. Subconsultants will be invoiced with a 10% markup.
All services, including any additional services beyond those outlined in Section Scope of Services, will be
billed in accordance with the following hourly rates:
GHA 2015 Hourly Billinq Rates
Principal Engineer $194/hr
Senior Engineer $164/hr
Senior Environmental Consultant $164/hr
Professional Engineer $136/hr
Registered Land Surveyor $118/hr
GIS Professional $118/hr
Staff Engineer $114/hr
Senior Engineering Technician $112/hr
Environmental Consultant $11 0/hr
Engineering Technician 11 $96/hr
Engineering Technician I $70/hr
Clerical $58/hr
Includes$13,000.00 for Phase III Material Testing Services
May 1,2015 GHA Proposal No.2015.CS037 Page 3 of 4
Invoices will b8 submitted VOamonthly basis and will detail services performed. This permits the client tD
Review the status Of the work in progress and the charges made.
Vy. General Conditions Of this Agreement
The delineated services provided byG8w8|t Hamilton Associates, (DC., (GHA) under this Agreement will b8
performed 8S reasonably required iO accordance with the generally accepted standards for civil engineering
and surveying services 8S reflected iO the contract for this project at the time when and the place where the
services are performed.
Nothing contained iOthis Agreement shall create @ contractual relationship with O[8 cause 0f action iOfavor
of a third party against either the Client or GHA. GHA's services under this Agreement are being performed
SO|e|y for the Client's benefit, and Op other party Or entity shall have any claim against GHA because 0fthis
Agreement Or the performance Ornonperformance of services hereunder. |OOo event shall GMAb8liable
for any loss Df profit 0r any consequential damages.
{]HA, |DC. shall not have control Of and shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for job site safety measures. Such control is the sole
responsibility Of the Client's contractor.
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 Professional Services 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 iAits entirety.
Gewal�Tmilton Associates, Inc. Village of i,| Grove
Leo X. Morand, P.E. Beverly SussmanU
Associate/Senior Engineer President, Board ofTrustees
Date:
Encl.: A#onhmomLA
May 1,2015 GHA Proposal No.2015.CS037 Page 4 of 4
ATTACHMENT A TO GEWALT HAMILTON ASSOCIATES,INC.
PROFESSIONAL SERVICES AGREEMENT
1.SYwndwolu[Care.]bemervoeaprnvidedbyGuwobHzmibnnAmmociatos,Inc.,(GB&)uodezddm/lgreemeo1*iUbereusouo0y
performed consistent with the generally accepted standard of care for the Scope of Basic Services called for herein ut 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 oo this Agreement. Requests for extension beyond 60 calendar days shall be made in writing prior to the expiration date. The
fees and terms m[this Agreement shall remain io full force and effect for one year from the date of acceptance of this Agreement,and shall be
subject t* revision oi that time, or any time thereafter ifGDA gives written notice io the other party o| least 6O calendar days prior tmthe
requested dm1u of revision. In the event that the psnicm fail to agree on the new rnip; or other revisions, either party may terminate this
Agreemeoamprovidedforbereio.
3.Client Information.Client shall prmvideG0Ok will all project criteria and full information for its Scope of Basic Services.GBA
may rely, vvdhmuu \iu6Jiiy` on the accuracy and ummp\e1eoemm of the iubonoo4ioo Client provides, including that of its w1bur omueudtanto.
contractors and subcontractors,without independently verifying that information,
4.Payment.Payments are due within 3O calendar days after o statement imrendered, Statements not paid within 0O calendar days wf
the end mf the calendar month when the statement is rendered will bear interest o1 the rate*f one percent(l.O%)per month until paid. The
provision for the payment of interest shall not be construed as authorization to pay late. Failure mfthe Client tmmake payments when due
mba\L in GHA`m sole discretion,be cause for suspension of services without breach or termination vf this agreement. Upon notification by
GHA of suspension of services,Client shall pay in full all outstanding invoices within 7 calendar days.Client's failure tm make such payment
to GBA shall constitute o mo1uriui breach of the Agreement and ubaU be cause for texodun1ioo by GHA. GHA shall be entitled to
reimbursement of all m*oto actually incurred by GBA in omDuc1iog overdue oucumtm under this Agreement, including, without |iodtouiwm4
uunnuey"y fees and costs. GBA dzaU have no liability for any o|mizue or damages arising from ehbcz suspension or termination of this
Agreement due to Client's bn:aub The Clicu(`m obligation to pay for GlIA"x services is in no way dependent upon the Client's ability to
nbLuio Douooiog, rezoning, payment from u third party, approval of governmental or regulatory ugzocico or the C6mo1^w completion of the
proj eo1.
5. Instruments of Service.The Client acknowledges GBA'o plans and specifications, including field data,notes, calculations, and
all documents or electronic data, are instruments mfservice. GHAmbaU retain ownership rights over all original documents and instruments
wf service. All instruments ofservice provided by GHA shall be reviewed by Client within 10 calendar days of receipt. Any deficiencies,
errors, vr omissions the Client discovers during this period will be reported tnGBA and will be corrected am part mf Gf&A`oBuoio Services.
Failure to provide such notice shall constitute waiver. The Client shall not reuse nrmake, or permit to be made any modifications to the
instruments of service without the prior written authorization mf(3HA. The Client waives all claims against G0A arising from any reuse mr
modification nf the instruments of service not authorized 6yGUA. The Client agrees, tw the fullest extent permitted 6y law, to defend and
indemnify and hold GHA harmless bnm any 6ebUi|y' damage, or cost, including attorneys' fees, arising from the unauthorized reuse or
mmdifina1ioumfthe instruments mf service by any person orentity.The parties agree that lf elements wf the Scope wf Basic Services identified
in this Agreement are reduced and/or eliminated 6y Client, dbmo Client waives, releases and holds GlbA haooleom from all *|wimm and
damages arising from those reduced and/or eliminated services. if G0A`m Scope of Basic Services 6ueo 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 iuGBA`m Scope of Basic Services, G0A
shall not beliable for coordination with oy the services mf Client's other design professionals.
6. Electronic Filmm, The Client acknowledges that differences may exist between the electronic 5luu delivered and the printed
instruments of service. In the event of conflict between the signed / sealed printed instruments of service prepared by GHA and the
electronic files,the signed/sealed instruments of service shall control.GIIA`m electronic files shall be prepared in the current software GHA
uace and will follow G0U\'o standard formatting unless the Scope of Basic Services requires otherwise. Client accepts that G8A makes no
warranty that its software will bu compatible with other systems mcsoftware.
7. Applicable Codes.The Client acknowledges that applicable laws, codes and regulations may be subject ta various,and possibly
contradictory,interpretations.Client accepts that GHA does not warrant or guarantee that the Client's project will comply with interpretations
nf applicable laws,codes,and regulations am they may 6e interpreted tothe project.Client agrees that GfDA shall not he responsible for added
project costs,delay damages,mr schedule changes arising from unreasonable mr unexpected interpretations of the laws, codes,urregulations
applied to the project,nor for changes required by the permitting authorities due to changes in the law that became effective after completion
mfGB&"m instruments of service. Client shall compensate GHAfor additional fees required 1m revise the instruments of service tncomply
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 GlLA,m completes its instruments ofservice.
8.Utilities and Soils.When the instruments of service include information pertaining to the location of underground utility facilities
or eodw, such information represents only the wpbui*o of the engineer as to the possible lwomimom. This information may 6e 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 mr soils iothe field. Client agrees that GHA may reasonably rely on the accuracy and completeness of information furnished
by third parties respecting utilities, underground oqoddiooe and mwUs 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
GBA is not liable for damages /euukioD from utility conflicts, mistaken utility locates, unfavorable soils, and concealed or uofhrumeoo
conditions, including but not limited to added coumboudmo costs and/or project delays. If the Cbuo( wishes to obtain the xcmiocn of
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 inthe Scope of Basic Services,such work will be compensated as additional services.
Attachment A.September,2o/^Page/of
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 GBA has no cmdm| over the coats of labor, materials, or equipment, or over the
contractor's methods of determining prices, or over competitive bidding wr market conditions. Opinions of probable costs,shall 6e made on
the basis of experience and qualifications applied to the project scope contemplated by this Agreement as well as ioGonnstimo provided by
Client(the accuracy and completeness of which GH& may rely upoo), and represent 0fLA`m reasonable judgment. Client accepts that Gf&A
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. GBA *buU not be liable for cost differentials between the bid and/or actual costs nodGEA`m opinion of probable construction
costs. Client agrees it shall employ an independent cost estimator if, based on its mm|e determination, it *mutm more certainty respecting
construction costs,
KO. Contractor's Work. Client agrees that GH&does not have control or charge ofand im not responsible for construction ooueum,
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 wr the Client's construction contractors.G8Ai*
not responsible for the supervision and coordination mf Client's construction contractors, subcontractors, materialmen, fabricators, etcetera,
wprxauoca, suppliers, or any of their empioyeem, agents and representatives of such workers, or responsible for any machinery, construction
equipment, or tools used and employed hycontractors and subcontractors. [fB&has uo authority wr right to stop the work. (@0A may not
direct or instruct the construction work in any regard. In no event ykaU G0A be liable for the oz1w or *cuiaminou of Client's construction
contractors, subcontractors, materialmen, fabricators, erectors, operators or suppliers, or any persons or entities performing any of the work,
or for OuUmn of any of them to carry out their work as called for by the Construction Documents. The Client agrees that the Contractor is
solely ncwp000ih\e Oarjwbwbe and worker mu/ety, and vvaomom that this io1cot mbuU be included in the Client's agreement with all prime
contractors. The Client agrees that @ELAand GIIA`m personnel and consultants(if any)shall 6m defended/indemnified hythe Contractor for
all r|ainoo asserted against GQ&\which arise out m[the Contractor's or its eubnoo1rw:tmrm^ negligence, errors or omissions iothe 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 bc included iothe Client's agreement with all prime contractors. (f the responsible prime contractor's
agreement Esi]m to comply with the Client's intent, dbeo the C|icm1 agrees to assume the duty to defend and indemnify OBA for claims
arising out wfthe Contractor's orsubcontractors'negligence,errors or omissions io the performance nf their work.
11, Contractor Submittals. Shop drawing and submittal reviews by GJA ubaU apply only 10 the items in the wubnninslnnm that
concern GBA`m scope of Basic Services and only for the pmyowo of assessing if, upon successful incorporation in the project, they are
generally consistent with the GBA`m Instruments nfService. Client agrees that the Contractor im 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, 8co6oiquum, sequencing or procedures of construction or cutcod iojobsiie or worker safety. GIA`w
consideration ofa component does not constitute acceptance of an assembled item.
12. Hazardous Materials. Client agrees that GHA has on responsibility or liability for any bmowudou* or toxic 0001eriuia,
contaminants orpollutants.
13. Record Drawings.If required by the Scope of Basic Services, record drawings will be prepared which may include unverified
inficrination compiled and furnished by others,the accuracy and completeness of which QUA may reasonably rely upon. Client accepts that
GX[& mb^O not verify the information provided to it and agrees GH/k will not be responsible for any ozms or omissions in the mronrd
drawings due to incorrect mrincomplete iofbonuti*u furnished by others 0aGBA_
14. Disputes. 0iumL agrees to limit GDA"a total aggregate liability in the Client for GIIA`s alleged acts, errors or omissions to
$50'000 or the amount wfGllA`m paid fees for its mxxviccw on the project, whichever is greater. GHA makes no guarantees or warranties,
either expressed or implied, including any warranty of habitability or fitness for a particular purpose. The parties agree to waive all claims
against the other for any and all consequential damages,including attorneys' fees. The parties agree to waive against each other all rights and
uiaimm otherwise covered by property insurance,6ybuilder's risk insurance or6y all risk ioeo,uoue, including but not limited tm subrogation
rights regardless of whether the claims arise during or post-construction and regardless offinat payment to GHA.
All disputes arising out ofor relating to this Agreement shall first 6e negotiated between the parties. If unresolved,the dispute shall
be submitted to mediation as a condition precedent tw idigo1imo. Mediation mboU take p\000 in Chicago, D\iowi* unless the Client and GH&
mutually agree otherwise. The fees and costs of the mediator shall be apportioned equally between the parties.If mediation is unsuccessful,
litigation shall 6u the form of dispute resolution and shall be filed io the jurisdiction where the project was pending.The controlling law shall
be the law of the jurisdiction *bcrc the project was |moa1cd. Client agrees that all causes of action under this Agreement shall be deerned to
have accrued and all statutory limitations periods shall commence no later than the date ofGBA'n services being substantially completed.
Client agrees that any claim against GBA arising out of this Agreement shall be asserted only against the entity and not against GBA`m
owners,officers,directors,shareholders,or employees,none of whom shall bear any liability and may not be subject to any claim.
KB.Miscellaneous.Either Client orGHA may terminate this Agreement without penalty at any time with or without cause hygiving
the other party ten (l0) calendar days prior written notice. The Client shall,within thirty(3O)calendar days ofteooioouimo pay ODA for all
services rendered and all costs iuuoocd upt*the date nf termination iu accordance with compensation provisions wf this Agreement. Client
shall not assign this Agreement without GBA`n prior written consent. There are uothird-party beneficiaries to this Agreement.
Attachment A.September,cnl4 Page zorz