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HomeMy WebLinkAboutR-24-63VILLAGE OF DEERFIELD RESOLUTION NO. 2024- R-24-63 A RESOLUTION APPROVING AN AGREEMENT WITH GEWALT HAMILTON ASSOCIATES, INC. OF VERNON HILLS, ILLINOIS FOR PHASE III ENGINEERING SERVICES WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village desires to retain a firm to provide engineering services for the 1101 Lake Cook Road Development ("Services'); and WHEREAS, the Village received a proposal from Gewalt Hamilton Associates, Inc of Vernon Hills, Illinois ("Consultant') to provide the Services; and WHEREAS, the Village and Consultant desire to enter into an agreement for the provision of the Services by Consultant ("Agreement'); and WHEREAS, the Mayor and Board of Trustees have determined that entering into the Agreement with Consultant will serve and be in the best interest of the Village and its residents; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: APPROVAL OF AGREEMENT. Pursuant to the Village's home rule authority, the Agreement by and between the Village and Consultant is hereby approved in substantially the form attached to this Resolution as Exhibit A, and in a final form and substance acceptable to the Village Manager and the Village Attorney. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Mayor and the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the final Agreement upon receipt by the Village Clerk of at least one original copy of the final Agreement executed by Consultant; provided, however, that if the executed copy of the final Agreement is not received by the Village Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest will, at the option of the Mayor and Board of Trustees, be null and void. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] {00124077.11 AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: Metts-Childers PASSED: September 16, 2024 APPROVED: September 16, 2024 RESOLUTION NO: R-24-63 Daniel C. Shapiro, Mayor ATTEST: Kent S Street, 1 lage Clerk {00124077.1 } EXHIBIT A Aereement 100124077.1} August 9, 2024 Mr. Tyler Dickinson, P.E. Assistant Director of Public Works Village of Deerfield 465 Elm Street Deerfield, Illinois 60015 Re: Professional Engineering Services Proposal Construction Engineering Deerfield Supportive Living, Deerfield, IL GHA Proposal No.: 2024.CS11 S Dear Mr. Dickinson: r I GEWALT HAMILTON L 1 ASSOCIATES, INC. CONSULTING ENGINEERS 625 Forest Edge Drive, Vernon Hills, IL 60061 TEL 847.478.9700 ■ Fax 847.478.9701 www.gha-engineers.com On behalf of Gewalt Hamilton Associates, Inc. (GHA), we are pleased to submit this proposal to perform construction engineering services for the proposed buildings demolition and site improvements at the Deerfield Supportive Living also known as Heritage Woods located at 1101 Lake Cook Road in the Village of Deerfield, Illinois. Should you have any questions, or if we can be of additional assistance, please feel free to contact me via email at dmarquardt@gha-engineers.com or directly at (847) 821-6263. Thank you for the opportunity to be of service, and we look forward to working with you and the Village on this project. Sincerely, Gewalt Hamilton Associates, Inc. K. David Marquardt Director of Construction and Survey Services CC: Lucas Deferville — Gewalt Hamilton Associates, Inc. Encl.: GHA Proposal No. 2024.CS115 Deerfield Supportive Living Proposal for Professional Engineering Services Deerfield Supportive Living Construction Engineering Services Village of Deerfield GHA Proposal No. 2024.CS115 r I G ALT HAMILTON �. �a ASSIQCIATK iNC. CONVSULTING ENGONEEAS 625 Forest Edge Drive, Vernon Hills, I L 60061 TEL 847.478.9700 * F,ex 847.478,9701 tswi cgha-engineers.com The Village of Deerfield (Client), having an address of 465 Elm Street, Deerfield, Illinois 60015 and Gewalt Hamilton Associates, Inc. (GHA), 625 Forest Edge Drive, Vernon Hills, Illinois 60061, agree and contract as follows: I. Project Understanding The Celadon Partners LLC of Chicago, Illinois is proposing to develop the 4.67-acre two building former Deerfield Business Center property at 1101 and 1121 Lake Cook Road in the Village of Deerfield, Illinois. According to 'Issued for Permit' plan set prepared by Assemble Design Workshop, PLLC and Eriksson Engineeering Associates, LTD and dated October 18, 2023, the Celadon Partners LLC is planning to demolish the existing buildings at 1101 (21,138 sq. ft.) and 1121 (20,960 sq. ft.) and build a 4-story 150- unit 123,723 square foot building which will be called Heritage Woods. As part of the site improvements, the developer plans to remove the existing paved surfaces, site lighting, most existing site utilities, protect the overall site as well as various sections of water, sanitary, and storm sewer utilities proposed to remain, and provide required soil erosion and sediment control measures as part of the development work. II. Scope of Services: Construction Engineering Based on schedule provided to the Village by the site's developer, Celadon Partners LLC, GHA currently anticipates this work beginning in October 2024 and taking approximately twenty-two (22) months to substantially complete in August 2026. Based on our understanding of the project's scope and schedule, we anticipate a combination of full and part-time construction observation of the necessary construction operations and processes to ensure all materials and procedures are in conformance with Village requirements. It is assumed that full-time observation will primarily take place for all underground site utilities such as water main, sanitary sewer and storm sewer, concrete curb & gutter, sidewalk, aggregate base courses, HMA paved surfaces, site lighting as well as any operations requiring full-time soil erosion and sediment control monitoring such as dust control monitoring until final restoration is established. Part-time observation will occur during all building -related work. For this proposal, we have anticipated a total of twelve hundred thirty (1,230) hours for an Engineer Technician III to perform on -site observation and various classifications performing project management. We based these total hours on an estimated construction schedule of ninety-five (95) weeks in total with an average of forty (40) hours per week for full-time observation for a twenty-one (21) week period, and an average of five (5) hours per week for a seventy-four (74) week period for August 9, 2024 GHA Proposal No. 2024.CS115 Page 2 of 6 part-time observation. If construction activities extend beyond the estimated ninety-five (95) weeks, due to tasks out of GHA's control, we will request additional services. It is our practice to adhere to construction industry standards and compliance with the project plans and specifications in an effort to efficiently produce a quality project. As such, GHA's Construction Engineering Services will be performed in accordance with the following services: 1. GHA will provide a combination of full- and part-time construction observation and documentation of the construction operations and processes to ensure materials, procedures, and improvements are constructed in general conformance with the contract plans and specifications as well as Village requirements and notify the Village of any deficiencies. GHA will also observe various soil erosion and sediment control procedures and best management practices, including dust control monitoring, are in general conformance with the plans, specifications, and approved supplemental plans provide by the contractor. 2. GHA will provide detailed written documentation of the construction operations and progress and will report to the Village of Deerfield's Engineering Representative. We will also communicate with the Contractor and the Village Engineer regarding the requirements for observation and will provide all necessary reports specified by the Village. Copies of all reports will be forwarded to Developer representatives as well. 3. GHA will provide soil erosion and sediment control monitoring in compliance with the Watershed Development Ordinance of Lake County and include participation from a Lake County Stormwater Management Commission Designated Erosion Control Inspector (DECI). 4. GHA will coordinate a final walk-through upon project completion with the contractor(s) and Village of Deerfield representatives to generate a punch list of deficiencies. 5. Coordination of final inspection of the work with the Village of Deerfield and contractor upon completion of construction, including any punch list items. 6. GHA will review the final as -built record drawings and issue a final opinion for the work. 7. As a representative or liaison of the Village of Deerfield, GHA staff understands the importance of our interface with the public, and will conduct all dealings with public officials, business owners, residents, and the traveling public with professionalism and courtesy. 111111. Services Not Included The following are not included in our Scope of Services: 1. Land Survey services including boundary, plat, or topographic surveys, control establishment, cross sections, construction layout, or as -built surveys. 2. Permit fees and review fees. August 9, 2024 GHA Proposal No. 2024.CS115 Page 3 of 6 3. Soil testing services, or any other CCDD compliance tasks. 4. Geotechnical engineering or Quality Assurance material testing services 5. Wetland mitigation or preservation or environmental investigations 6. IEPA NPDES permitting or SWPPP plan preparation and NPDES monitoring. 7. Civil design or structural, electrical, mechanical, or environmental engineering services 8. Meetings with public officials, construction managers, architects, the Village, or agencies beyond those included in the scope, or attendance at public hearings 9. Construction observation beyond the staff hours and calendar limits established by this proposal. IV. Project Schedule and Engineering Staff Construction is anticipated to begin in October 2024. Dave Marquardt will serve as the Project Manager, and John Eisenhut will serve as the construction engineer. Additional professional and technical staff will provide support as needed. V. Compensation for Services For the services noted above and based on the anticipated project duration, GHA proposes billing on a time and material (T&M) basis in accordance with the attached hourly rate schedule. The following budget is estimated for this project based on the hourly rate of an Engineering Technician III. -Sery ice COW Construction Engineering Services (Assumed 1,230 Hours) $186,300.00 T&M Fee $186,300.00 Estimated Reimbursable Expenses T&M Fee + Reimbursables $9,230.00 $195,530.00 If required, any reimbursable expenses, including items such as printing, messenger service, truck days, mileage etc., will be billed direct to the Client without markup. Statements of GHA charges made against a project are submitted to clients every four weeks and will detail services performed. This permits the client to review the status of the work in progress and the charges made. Should additional services be requested and authorized by the Client, beyond those outlined in Section I: Scope of Services, the client will be billed on a time -and -materials (T&M) basis in accordance with the attached GHA Hourly Rate schedule. GHA will coordinate with the owner prior to completing additional services. August 9, 2024 GHA Proposal No. 2024.CS115 Page 4 of 6 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. GHA, Inc. 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. Attachment A is attached hereto and incorporated herein and describes special provisions to this engineering agreement. VII. Authorization By signing below, you indicate your acceptance of this Agreement in its entirety. Gewalt Hamilton Associates, Inc. Village of Deerfield � A K. David Marquardt Director of Construction & Survey Services Name: Encl.: John A. Eisenhut Resume Attachment A GHA Hourly Rates Title: m2LVor Date: August 9, 2024 GHA Proposal No. 2024.CS115 Page 5 of 6 f - Resident 4L 1 John A. Eisenhut Senior Construction Engineer f Gewalt Hamilton Associates, Inc. Mobile: 847.877.3729 JEisenhut@GHA-Engineers.com Experience Education John A. Eisenhut is an Engineer Technician with over 35 years of experience in Harper College, 1985 construction observation, documentation, underground utility observation, Professional construction layout, construction materials testing and project administration. Certifications As a field engineer, Mr. Eisenhut has assisted on a variety of municipal, state, IDOT Documentation of and,private sector projects with responsibility for construction observation and Contract Quantities #24- coordination with residents, business owners, and regulatory agencies. Prior 21533 to joining GHA, Mr. Eisenhut worked for O'Brien & Associates, Inc. as a Lake County SMC Laboratory Manager responsible for geotechnical and construction materials Designated Erosion testing and a construction Project Manager for numerous FAA, IDOT, ITHSA, Control Inspector MWRD and local agency projects. IDOT Portland Cement Osage Road Drainage Improvements, Village of Long Grove, IL Concrete Tech. Level II Mr. Eisenhut served as the Resident Engineer for the $148,300 drainage project. Improvements included a new storm sewer and IDOTimprovements Mixture Aggregate backfilling, site grading, earth excavation, aggregate placement, concrete Teech.ch. Level II work, HMA pavement installation and site restoration. Mr. Eisenhut was IDOT Hot Mix Asphalt responsible for construction observation, including conformance with plans Level III and specifications, schedule and budget adherence, material inspection management, and coordination between the client and the contractor. American Concrete Institute Field Testing Asphalt Improvements, Weber and Seneca Parks, Skokie Park District Tech. Grade I Mr. Eisenhut served as the Resident Engineer for the $149,000 parking lot Nationwide Testing restoration, cart path and basketball court improvement project. Service Magnetic Particle Improvements included pavement patching, milling, resurfacing, concrete Inspector structure installation, ADA sidewalk and pavement markings. Mr. Eisenhut was responsible for construction observation, including conformance with plans American Concrete and specifications, schedule and budget adherence, material inspection Institute Aggregate management, and coordination between the client and the contractor. Testing Tech. Level I American Concrete Tennis Court Improvements, Carmel Catholic High School, Mundelein, IL Institute Concrete Mr. Eisenhut served as the Resident Engineer for the $737,000 drainage and Strength Testing Tech. tennis court improvement project. Improvements included demolition, a new storm sewer and underdrain system, backfilling, pavement pulverization, proof American Concrete rolling, earth excavation, utility installation, aggregate placement, concrete Institute Laboratory work, HMA pavement installation, fence installation, color coat installation, Testing Tech. Level I tennis flood test, restoration, and NPDES stormwater management erosion Training control permit inspections. Mr. Eisenhut was responsible for construction IDOT STTP-S33 Soils observation, including conformance with plans and specifications, schedule Field Testing and and budget adherence, material inspection management, and coordination Inspection Course between the client and the contractor. #4396099 John Eisenhut Parking Lot Improvements, Biltmore Country Club, North Barrington, IL continued Eisenhut served as the Resident Engineer for the $629,000 drainage and EPA's Construction parking lot improvement project. Improvements included a new storm sewer, General Permit Site underdrain, backfilling, CMU retaining wall installation, proof rolling, earth Inspector Training excavation, utility installation, aggregate placement, concrete work and HMA Course pavement installation. Mr. Eisenhut was responsible for construction IDOT Bituminous observation, including conformance with plans and specifications, schedule Concrete Density Tester and budget adherence, material inspection management, and coordination Course between the client and the contractor. Parking Lot Improvements, Roosevelt Park, Glenview Park District Mr. Eisenhut provided construction observation services for this existing parking lot restoration project with responsibility for site observation and report preparation, coordination contractor and client. Improvements included pavement milling and resurfacing, spot replacement of curb and gutter and ADA parking areas. Parking Lot Improvements, Judy Beck Park, Glenview Park District Mr. Eisenhut provided construction observation services for this existing parking lot restoration project with responsibility for site observation, construction materials inspection and report preparation, coordination contractor and client. Improvements included pavement milling and resurfacing, replacement of curb and gutter and ADA sidewalk installation and parking areas. Parking Lot Improvements, Hamilton Park, Palatine Park District Mr. Eisenhut served as assistant to the Resident Engineer for the $175,000 drainage and parking lot improvement project. Improvements included a new storm sewer underdrain system, backfilling, aggregate placement, milling, pavement patching, concrete curb and gutter replacement, ADA sidewalk and HMA pavement installation. Mr. Eisenhut was responsible for construction observation, including conformance with plans and specifications, schedule and material inspection management, and coordination between the client and the contractor. Concord Station Driveway Pavement Evaluation, Foster Premier, Inc., Streamwood, IL Mr. Eisenhut provided existing construction condition services for this subdivision project with responsibility for site observation and report preparation, and coordination with the client and impacted residents. Improvements included driveway replacement. Libertyville Township Pavement Analysis, Libertyville Township, IL Mr. Eisenhut completed a comprehensive pavement evaluation plan which included a summarized report describing the current roadway pavement conditions along with recommended rehabilitation methods. These recommendations were summarized in a 5-year maintenance plan for the various recommended maintenance for fiscal budgetary planning. ATTACHMENT A TO GEWALT HAMILTON ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT 1. Standard of Care. The services provided by Gewalt Hamilton Associates, Inc., (GHA) under this Agreement will be reasonably performed consistent with the generally accepted standard of care for the Scope of Basic Services called for herein at the time when and the place where the services are provided. GHA will use reasonable care to comply with applicable codes and laws in effect at the time its services are provided. 2. Duration of Proposal. The terms of this Agreement are subject to renegotiation if not accepted within 60 calendar days of the date indicated on this Agreement. Requests for extension beyond 60 calendar days shall be made in writing prior to the expiration date. The fees and terms of this Agreement shall remain in full force and effect for one year from the date of acceptance of this Agreement, and shall be subject to revision at that time, or any time thereafter if GHA gives written notice to the other party at least 60 calendar days prior to the requested date of revision. In the event that the parties fail to agree on the new rates or other revisions, either party may terminate this Agreement as provided for herein. 3. Client Information. Client shall provide GHA will all project criteria and full information for its Scope of Basic Services. GHA may rely, without liability, on the accuracy and completeness of the information Client provides, including that of its other consultants, contractors and subcontractors, without independently verifying that information. 4. Payment. Payments are due within 30 calendar days after a statement is rendered. Statements not paid within 60 calendar days of the end of the calendar month when the statement is rendered will bear interest at the rate of one percent (1.0%) per month until paid. The provision for the payment of interest shall not be construed as authorization to pay late. Failure of the Client to make payments when due shall, in GHA's sole discretion, be cause for suspension of services without breach or termination of 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 to make such payment to GHA shall constitute a material breach of the Agreement and shall be cause for termination by GHA. GHA shall be entitled to reimbursement of all costs actually incurred by GHA in collecting overdue accounts under this Agreement, including, without limitations, attorney's fees and costs. GHA shall have no liability for any claims or damages arising from either suspension or termination of this Agreement due to Client's breach The Client's obligation to pay for GHA's services is in no way dependent upon the Client's ability to obtain financing, rezoning, payment from a third party, approval of governmental or regulatory agencies or the Client's completion of the project. 5. Instruments of Service. The Client acknowledges GHA's plans and specifications, including field data, notes, calculations, and all documents or electronic data, are instruments of service. GHA shall retain ownership rights over all original documents and instruments of service. All instruments of service provided by GHA shall be reviewed by Client within 10 calendar days of receipt. Any deficiencies, errors, or omissions the Client discovers during this period will be reported to GHA and will be corrected as part of GHA's Basic Services. Failure to provide such notice shall constitute a waiver. The Client shall not reuse or make, or permit to be made, any modifications to the instruments of service without the prior written authorization of GHA. The Client waives all claims against GHA arising from any reuse or modification of the instruments of service not authorized by GHA. The Client agrees, to the fullest extent permitted by law, to defend and indemnify and hold GHA harmless from any liability, damage, or cost, including attorneys' fees, arising from the unauthorized reuse or modification of the instruments of service by any person or entity. The parties agree that if elements of the Scope of Basic Services identified in this Agreement are reduced and/or eliminated by Client, then Client waives, releases and holds GHA harmless from all claims and damages arising from those reduced and/or eliminated services. If GHA's Scope of Basic Services does not include construction administration phase services, Client assumes responsibility for interpretation of the instruments of service and construction observation, and waives all claims against GHA for any act, omission or event connected thereto. Unless included in GHA's Scope of Basic Services, GHA shall not be liable for coordination with of the services of Client's other design professionals. 6. Electronic Files. The Client acknowledges that differences may exist between the electronic files delivered and the printed instruments of service. In the event of a conflict between the signed / sealed printed instruments of service prepared by GHA and the electronic files, the signed / sealed instruments of service shall control. GHA's electronic files shall be prepared in the current software GHA uses and will follow GHA's standard formatting unless the Scope of Basic Services requires otherwise. Client accepts that GHA makes no warranty that its software will be compatible with other systems or software. 7. Applicable Codes. The Client acknowledges that applicable laws, codes and regulations may be subject to various, and possibly contradictory, interpretations. Client accepts that GHA does not warrant or guarantee that the Client's project will comply with interpretations of applicable laws, codes, and regulations as they may be interpreted to the project. Client agrees that GHA shall not be responsible for added project costs, delay damages, or schedule changes arising from unreasonable or unexpected interpretations of the laws, codes, or regulations applied to the project, nor for changes required by the permitting authorities due to changes in the law that became effective after completion of GHA's instruments of service. Client shall compensate GHA for additional fees required to revise the instruments of service to comply with such interpretations. Client shall also compensate GHA for additional fees required to revise the instruments of service if Client changes the project scope after GHA's completes its instruments of service. 8. Utilities and Soils. When the instruments of service include information pertaining to the location of underground utility facilities or soils, such information represents only the opinion of the engineer as to the possible locations. This information may be obtained from visible surface evidence, utility company records or soil borings performed by others, and is not represented to be the exact location or nature of these utilities or soils in the field. Client agrees that GHA may reasonably rely on the accuracy and completeness of information furnished by third parties respecting utilities, underground conditions and soils without performing any independent verification. Contractor is solely responsible for utility locations, their markings in the field and their placement on the plans based on information they provided. Client agrees GHA is not liable for damages resulting from utility conflicts, mistaken utility locates, unfavorable soils, and concealed or unforeseen conditions, including but not limited to added construction costs and/or project delays. If the Client wishes to obtain the services of a contractor to provide test holes and exact utility locations, GHA may incorporate that information into the design and reasonably rely upon it. If not included in the Scope of Basic Services, such work will be compensated as additional services. Attachment A, July, 2018 Page 1 of 2 9. Opinion of Probable Construction Costs. GHA's Scope of Basic Services may include the preparation of an opinion of probable construction costs. Client acknowledges that GHA has no control over the costs of labor, materials, or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions. Opinions of probable costs, shall be made on the basis of experience and qualifications applied to the project scope contemplated by this Agreement as well as information provided by Client (the accuracy and completeness of which GHA may rely upon), and represent GHA's reasonable judgment. Client accepts that GHA does not guarantee or warrant that proposals, bids, or the actual construction costs will not vary from opinions of probable cost prepared for the Client. GHA shall not be liable for cost differentials between the bid and/or actual costs and GHA's opinion of probable construction costs. Client agrees it shall employ an independent cost estimator if, based on its sole determination, it wants more certainty respecting construction costs. 10. Contractor's Work. Client agrees that GHA does not have control or charge of and is not responsible for construction means, methods, techniques, sequences or procedures, or for site or worker safety measures and programs including enforcement of Federal, State and local safety requirements, in connection with construction work performed by the Client or the Client's construction contractors. GHA is not responsible for the supervision and coordination of Client's construction contractors, subcontractors, materialmen, fabricators, erectors, operators, suppliers, or any of their employees, agents and representatives of such workers, or responsible for any machinery, construction equipment, or tools used and employed by contractors and subcontractors. GHA has no authority or right to stop the work. GHA may not direct or instruct the construction work in any regard. In no event shall GHA be liable for the acts or omissions of Client's construction contractors, subcontractors, materialmen, fabricators, erectors, operators or suppliers, or any persons or entities performing any of the work, or for failure of any of them to carry out their work as called for by the Construction Documents. The Client agrees that the Contractor is solely responsible for jobsite and worker safety and warrants that this intent shall be included in the Client's agreement with all prime contractors. The Client agrees that GHA and GHA's personnel and consultants (if any) shall be defended/indemnified by the Contractor for all claims asserted against GHA which arise out of the Contractor's or its subcontractors' negligence, errors or omissions in the performance of their work, and shall also be named as an additional insured on the Contractor's and subcontractors' general liability insurance policy. Client warrants that this intent shall be included in the Client's agreement with all prime contractors. If the responsible prime contractor's agreement fails to comply with the Client's intent, then the Client agrees to assume the duty to defend and indemnify GHA for claims arising out of the Contractor's or subcontractors' negligence, errors or omissions in the performance of their work. 11. Contractor Submittals. Shop drawing and submittal reviews by GHA shall apply only to the items in the submissions that concern GHA's scope of Basic Services and only for the purpose of assessing if, upon successful incorporation in the project, they are generally consistent with the GHA's Instruments of Service. Client agrees that the Contractor is solely responsible for the submissions and for compliance with the Instruments of Service. Owner agrees that GHA's review and action in relation to the submissions does not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend to jobsite or worker safety. GHA's consideration of a component does not constitute acceptance of an assembled item. 12. Hazardous Materials. Client agrees that GHA has no responsibility or liability for any hazardous or toxic materials, contaminants or pollutants. 13. Record Drawings. If required by the Scope of Basic Services, record drawings will be prepared which may include unverified information compiled and furnished by others, the accuracy and completeness of which GHA may reasonably rely upon. Client accepts that GHA shall not verify the information provided to it and agrees GHA will not be responsible for any errors or omissions in the record drawings due to incorrect or incomplete information furnished by others to GHA. 14. Disputes. Client agrees to limit GHA's total aggregate liability to the Client for GHA's alleged acts, errors or omissions to $50,000 or the amount of GHA's paid fees for its services on the project, whichever is greater. GHA's liability to Client shall be limited to twelve months from the last invoice submitted to Client by GHA, regardless of payment by Client. 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 claims otherwise covered by property insurance, by builder's risk insurance or by all risk insurance, including but not limited to subrogation rights regardless of whether the claims arise during or post -construction and regardless of final payment to GHA. All disputes arising out of or relating to this Agreement shall first be negotiated between the parties. If unresolved, the dispute shall be submitted to mediation as a condition precedent to litigation. Mediation shall take place in Chicago, Illinois unless the Client and GHA mutually agree otherwise. The fees and costs of the mediator shall be apportioned equally between the parties. If mediation is unsuccessful, litigation shall be the form of dispute resolution and shall be filed in the jurisdiction where the project was pending. The controlling law shall be the law of the jurisdiction where the project was located. Client agrees that all causes of action under this Agreement shall be deemed to have accrued and all statutory limitations periods shall commence no later than the date of GHA's services being substantially completed. Client agrees that any claim against GHA arising out of this Agreement shall be asserted only against the entity and not against GHA's owners, officers, directors, shareholders, or employees, none of whom shall bear any liability and may not be subject to any claim. 15. Miscellaneous. Either Client or GHA may terminate this Agreement without penalty at any time with or without cause by giving the other party ten (10) calendar days prior written notice. The Client shall, within thirty (30) calendar days of termination pay GHA for all services rendered and all costs incurred up to the date of termination in accordance with compensation provisions of this Agreement. Client shall not assign this Agreement without GHA's prior written consent. There are no third -party beneficiaries to this Agreement. Attachment A, July, 2018 Page 2 of 2 Fil GEWALT HAMILTONASSOCIATES, INC. An Employee -Owned Company GHA PROFESSIONAL SERVICES HOURLY RATE GUIDE: 2024 The following rates will remain in effect until December 31, 2024, at which time they are subject to an annual increase: PRINCIPAL $ 264.00 SENIOR PROJECT MANAGER II $ 240.00 SENIOR PROJECT MANAGER 1 $ 220.00 PROJECT MANAGER II $ 202.00 PROJECT MANAGER 1 $ 178.00 ENGINEER VI $ 212.00 ENGINEER V $ 192.00 ENGINEER IV $ 182.00 ENGINEER III $ 170.00 ENGINEER II $ 152.00 ENGINEER 1 $ 142.00 LAND SURVEYOR IV $ 214.00 LAND SURVEYOR III $ 176.00 LAND SURVEYOR 11 $ 154.00 LAND SURVEYOR 1 $ 136.00 GIS TECHNICIAN IV $ 186.00 GIS TECHNICIAN III $ 160.00 GIS TECHNICIAN II $ 130.00 GIS TECHNICIAN 1 $ 110.00 ENVIRONMENTAL CONSULTANT II $ 150.00 ENVIRONMENTAL CONSULTANT 1 $ 138.00 ENGINEER TECHNICIAN V $ 200.00 ENGINEER TECHNICIAN IV $ 166.00 ENGINEER TECHNICIAN III $ 150.00 ENGINEER TECHNICIAN II $ 126.00 ENGINEER TECHNICIAN 1 $ 92.00 LANDSCAPE ARCHITECT $ 180.00 DATA MANAGER $ 160.00 DATA TECHNICIAN III $ 148.00 DATA TECHNICIAN II $ 132.00 DATA TECHNICIAN 1 $ 100.00 CAD MANAGER CAD TECHNICIAN III CAD TECHNICIAN II CAD TECHNICIAN I $ 220.00 $ 154.00 $ 128.00 $ 100.00 ADMINISTRATIVE II $ 114.00 ADMINISTRATIVE 1 $ 92.00 ACCOUNTING MANAGER $ 194.00 ACCOUNTING II $ 144.00 ACCOUNTING 1 $ 130.00 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