The URL can be used to link to this page

CITY COUNCIL 2015/06/15 Agenda THE CITY OF LAKE FOREST CITY COUNCIL AGENDA June 15, 2015 City Hall Council Chambers Honorable Mayor, Donald Schoenheider Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward Prudence R. Beidler, Alderman First Ward Jack Reisenberg, Alderman Third Ward George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward Timothy Newman, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward CALL TO ORDER AND ROLL CALL 6:30 p.m. PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR 2. COMMENTS BY CITY MANAGER A. Open Air Market Opening Announcement -Susan Kelsey, Economic Development Coordinator B. CROYA- Margot Martino “Spirit of CROYA” Essay Contest -Kelli Jacobs, Essay Winner 3. COMMENTS BY COUNCIL MEMBERS 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the June 1, 2015 City Council meeting Minutes A copy of the minutes begins on page 8 2. Approval of a Three-Year Professional Services Agreement with Automated Merchant Systems for credit card processing services STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) 1 June 1, 2015 City Council Agenda PURPOSE AND ACTION REQUESTED: Staff requests approval of a three-year professional service agreement for credit card processing services, subject to a 2-year renewal option, for a possible five-year term. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Finance Committee 11/5/14 Provided overview as part of budget discussion and consideration of a credit card processing fee. City Council 12/1/14 Approval of 3-year credit card processing services agreement with Vantiv. BACKGROUND/DISCUSSION: In September 2014, the Finance Department issued a Request for Proposals for Banking, Credit Card Processing and Investment Services. Respondents had the option to submit proposals for any one or all services solicited. The City received seven (7) credit card processing proposals. A review of the proposals was conducted and four (4) credit card finalists were invited to participate in interviews the week of November 10. The scope of services anticipated in this agreement include eight (8) current point of sale (POS) locations, and excludes online vehicle sticker sales currently provided by contract with another vendor and online water bill payments implemented in early 2015 which are contracted through an exclusive provider selected by the City’s financial software vendor (HTE Sungard). Due to significant variations in fee structures proposed and a complex interchange rate applicable, costs can only be estimated based on historical data. Following is a table depicting the proposers, estimated annual fees and other factors impacting the recommendation: Company: Est. Annual Fees Interview Rank Breach Assistance Vantiv $102,038 1 $800,000 AMS $101,134 2 $800,000 FIS $101,149 3 $100,000 Heartland $ 95,658 4 n/a Noble $109,633 n/a - First Midwest $102,797 n/a - Moneris (BMO Harris) $121,326 n/a - Breach Assistance was specifically addressed in the interview process. This program provides assistance towards costs associated with suspected or actual data breach notifications from credit card associations. As a result of proposal reviews, interviews conducted, reference checks and clarification regarding fees proposed, the review committee recommended Vantiv for credit card processing services, which was approved by City Council on December 1, 2014 and implemented effective January 1, 2015. Significant operational issues have been encountered, primarily in the areas of reporting, fees allocation by merchant account, equipment failures, communication and responsiveness. Due to issues encountered, staff recommends termination of the existing agreement with Vantiv and approval of a new 2 June 1, 2015 City Council Agenda agreement with Automated Merchant Systems (AMS). AMS currently serves as the credit card processor for the City’s online water billing system and AMS has performed satisfactorily since go live January 2015. BUDGET/FISCAL IMPACT: Credit card processing fees are assessed to various funds based on the point of sale location and are projected to be reduced slightly compared to the City’s current agreement. With the exception of direct pass-through interchange fees associated with the credit card processing services, all fees are required to remain fixed for the initial three-year term of the agreement. COUNCIL ACTION: It is recommended that the City Council approve a three-year professional service agreement (with a two-year renewal option) with Automated Merchant Systems for credit card processing services. 3. Approve a Resolution committing to the expenditure of funds and approval of the Local Agency Consultant Agreement for Construction Engineering Services for Federal Participation and the Local Agency Agreement for Federal Participation for the Lake Forest Metra Station – Union Pacific CBD North Line Exterior Renovation Project. STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555) PURPOSE AND ACTION REQUESTED: Staff requests approval of a Resolution committing to the expenditure of City funds for the exterior renovation of the Lake Forest Metra Station – Union Pacific North Line facilities in downtown Lake Forest . Staff also requests approval for the Mayor to execute the required agreements for Phase III construction engineering services and the Local Agency Agreement between the City and the Department of Transportation. BACKGROUND/DISCUSSION: The City has ITEP grant funding authorization in the amount of $1,523,520 to be used for the renovation of the Lake Forest CBD Station. The resolution certifies that the City has authorized the expenditure of funds for the 20% match of federal grant money. The Local Agency Agreement for Federal Participation is a standard agreement between the City and the Department of Transportation that stipulates the division of cost (80/20) and general conditions for the use for federal grant funds. The Local Agency Consultant Agreement for Federal Participation is a required agreement for the use of the selected consultant (Gewalt-Hamilton Associates) to provide Phase III construction engineering services. The Agreements, Resolution and timeline can be found beginning on page 14. BUDGET/FISCAL IMPACT: This is an 80/20 grant; the City will pay the expenditures and receive reimbursement for 80% of the authorized construction and phase III engineering costs. The current estimate for the construction and phase III engineering is $1,110,654.00. The current estimated City 20% share is $222,131.00. These amounts may change depending on the actual bids received so staff requests a 10% contingency be added bringing the approval amounts to $1,221,720.00 and $244,344.00. Below is an estimated summary of Project budget: 3 June 1, 2015 City Council Agenda Funding Source Account Number Amount Budgeted Amount Requested Budgeted? Y/N FY 16 - Capital Fund 311-0060-419-7717 $1,050,000 $1,050,000 Y FY 17 - Capital Fund 311-0060-419-7717 $171,720 $171,720 Y COUNCIL ACTION: Staff recommends approval of the Resolution and authorizing the Mayor and City Manager to execute the two agreements described above and any other such documents related to the advancement and completion of this project. Additionally, staff recommends approval of the expenditure of funds for the phase III engineering and construction costs related to the Lake Forest Metra Station Union Pacific North Line Exterior Renovation Project. 4. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) The following recommendations from the Building Review Board are presented to the City Council for consideration as part of the Omnibus Agenda. 162 Foster Place - The Building Review Board recommended approval of the demolition of the existing single family residence and approval of a replacement residence, attached garage and landscape plan. No public testimony was presented to the Board on this petition. (Board vote: 5-0, approved) 845 Oak Knoll Drive - The Building Review Board recommended approval of the demolition of the existing single family residence and approval of a replacement residence, attached garage and landscape plan. No public testimony was presented to the Board on this petition. (Board vote: 5-0, approved) 660 Northcroft Court - The Building Review Board recommended approval of the demolition of the existing single family residence and approval of a replacement residence, attached and detached garages, and landscape and exterior lighting plans. No public testimony was presented to the Board on this petition. (Board vote: 5-0, approved) The Ordinances approving the petitions as recommended by the Building Review Board, with key exhibits attached, are included in the Council packet beginning on page 40. The Ordinances and complete exhibits are available for review in the Community Development Department. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinances approving the petitions in accordance with the Building Review Board’s recommendations. 4 June 1, 2015 City Council Agenda COUNCIL ACTION: Approve the four (4) Omnibus items as presented. 6. ORDINANCES 1. Consideration of a Recommendation from the Plan Commission in Support of Final Plat Approval of the Spiel Planned Preservation Subdivision and Approval of the Associated Special Use Permit. (If desired by the Council, Waive First Reading and Grant Approval of the Final Plat and the Development Plan Ordinance.) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: Consideration of a recommendation from the Plan Commission in support of final approval of the Spiel Subdivision, a 6-lot Planned Preservation Subdivision. BACKGROUND/DISCUSSION: In May, 2012, the City Council, based on a recommendation from the Plan Commission, granted tentative approval of the Spiel Subdivision. After receiving tentative approval, the property owners, the Spiels, requested and received approval from the City Council for two extensions of the tentative plat approval as provided for in the City Code. Originally, with tentative approval in hand, the Spiels offered the 10-acre property for sale with the hope of finding a developer to purchase the property and take the project through the final approval phase. To date, a purchaser has not stepped forward however, to preserve the approvals granted, the Spiels proceeded with finalizing the plat and engineering plans. On September 10, 2014, the Plan Commission held a public hearing and considered a request for final approval of the 6-lot Spiel Planned Preservation Subdivision. The final plat of subdivision is consistent with the tentative approval and establishes buildable lots ranging in size from one acre to two acres, provides for on site detention, preserves open space and heritage trees, and provides for landscape screening along the perimeters of the site in response to requests from neighboring property owners. The Plan Commission voted 4 to 0 to recommend approval of the final plat and the associated Special Use Permit in the form of the Development Plan Ordinance. The approving Ordinance, including the conditions of approval as recommended by the Plan Commission, is included in the Council packet beginning on page 73. A copy of the Plan Commission’s report is also included in the packet as additional background. BUDGET/FISCAL IMPACT: The proposed subdivision will provide lots for new residences. As buildout and sale of the new lots occurs, the development will generate transfer tax revenues, impact fees, building permit fees and property taxes. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading of the Final Development Plan Ordinance approving the Special Use Permit and 5 June 1, 2015 City Council Agenda final plat of subdivision for the Spiel Planned Preservation Subdivision, and grant final approval. 7. NEW BUSINESS 1. Presentation on the City’s Information Technology Trends and Consultant Report regarding Network Infrastructure Alternatives PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612) and Tom Jakobsen, Senior Partner, ClientFirst Consulting Group PURPOSE AND ACTION REQUESTED: It is recommended that the City Council approve a consultant recommendation to proceed with a Request for Proposals (RFP) for replacement of the City’s network infrastructure utilizing a hybrid solution. The hybrid solution entails a network infrastructure for applications provided in-house, while electronic mail and disaster recovery would be moved to the cloud. BACKGROUND/DISCUSSION: The City’s Five-Year Capital Improvement Program (CIP) has allocated funding to replace the current network infrastructure purchased and installed at the Municipal Services Facility in fiscal year 2007. In October 2014, the City engaged ClientFirst Consulting Group to perform an infrastructure alternatives analysis designed to document the current Information Technology (IT) infrastructure and its performance characteristics, and to develop alternatives for replacement or outsourcing of this infrastructure. The presentation to be made by Tom Jakobsen of ClientFirst can be found beginning on page 89. As an introduction to this topic, Finance Director Elizabeth Holleb and Assistant Director – IT Joseph Gabanski will provide a brief presentation regarding trends in IT since 2006. BUDGET/FISCAL IMPACT: Action requested at this time will allow staff to proceed with development and issuance of a Request for Proposals (RFP) and/or Request for Bids, as appropriate. A recommendation based on responses received, along with the fiscal impact, will be presented to the City Council for consideration at a later date. COUNCIL ACTION: Approval of a staff recommendation to proceed with a Request for Proposals and/or Bids for network infrastructure as recommended by ClientFirst Consulting Group. 8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 9. ADJOURNMENT Office of the City Manager June 10, 2015 The City of Lake Forest is subject to the requirements of the Americans with Disabilities 6 June 1, 2015 City Council Agenda Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 7 The City of Lake Forest CITY COUNCIL Proceedings of the Monday, June 1, 2015 City Council Meeting - City Council Chambers CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at 6:30 pm, and Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Newman, Alderman Tack, Alderman Reisenberg, Alderman Moreno and Alderman Adelman. Absent: Alderman Beidler Also present were: Bob Kiely, City Manager, Victor Filippini, City Attorney; Catherine Czerniak, Director of Community Development; Susan Banks, Communications Manager; Sally Swarthout, Director of Parks & Recreation, James Held, Police Chief; and Anne Whipple. There were approximately 70 present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR A. Resolution of Appreciation for Employee Sandy Ragsdale Mayor Schoenheider read the Resolution. COUNCIL ACTION: Approve the Resolution Alderman Moreno made a motion to approve the Resolution, seconded by Alderman Waldeck. Motion carried unanimously by voice vote. B. 2015-2016 Board and Commission Appointments/Reappointments ZONING BOARD OF APPEALS NAME OF MEMBER APPOINT/REAPPOINT WARD Richard Plonsker Reappoint 2 PLAN COMMISSION NAME OF MEMBER APPOINT/REAPPOINT WARD Rosemary Kehr Appoint 2 Michael Freeman Appoint 4 8 Proceedings of the June 1, 2015 Regular City Council Meeting Lloyd Culbertson Reappoint 4 Guy Berg Reappoint 2 CROYA NAME OF MEMBER APPOINT/REAPPOINT WARD Jennifer Riley Appoint 4 Jennifer Durburg Appoint 1 Alana Hender Reappoint 3 Rebecca Quackenbush Reappoint LB YOUTH MEMBERS ON CROYA BOARD NAME OF MEMBER APPOINT/REAPPOINT WARD Joey Franklin Appoint-CROYA Chairman n/a Sophie Marasco Appoint- CROYA Service Leadership-Chairwoman n/a Lane Mankoff Appoint- CROYA Foundation Liaison n/a BOARD OF FIRE AND POLICE COMMISSIONERS NAME OF MEMBER APPOINT/REAPPOINT WARD Greg Nikitas Appoint n/a Matt Davis Reappoint and Appoint as Chair n/a BOARD OF TRUSTEES FIREFIGHTERS PENSION FUND NAME OF MEMBER APPOINT/REAPPOINT WARD James Carey Appoint n/a BOARD OF TRUSTEES POLICE PENSION FUND NAME OF MEMBER APPOINT/REAPPOINT WARD Collen Chandler Appoint n/a COUNCIL ACTION: Approve the Mayors Appointments and Reappointments Alderman Pandaleon made a motion to approve the Appointments and Reappointments, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote. C. Approval of a Resolution of Appreciation for Retiring Members of Boards and Commissions as follows: Parks & Recreation Board: Chairman, Steve Hill 9 Proceedings of the June 1, 2015 Regular City Council Meeting CROYA: Susan Beshilas and Vanessa Knowlin Board of Trustees Police Pension Fund: Thompson Ford Board Fire and Police Commissioners: Phil Foss Plan Commission: John Anderson and James Carris COUNCIL ACTION: Approve the Resolutions Alderman Moreno made a motion to approve the Resolutions, seconded by Alderman Pandaleon. Motion carried unanimously by voice vote. COMMENTS BY CITY MANAGER A. Community Spotlight Entrepreneurship in the Community -Susan Kelsey, Economic Development Coordinator Ms. Kelsey introduced three new businesses to the community: Justin Walker of PST, Eli Turnbough of Eli Turnbough Memorial Services and Steve Whittington of Life Working. Each gave a brief overview of their services and how the Business Accelerator has effectively grown their new businesses. Robert Lemke of Lake Forest College gave an overview of how Entrepreneurship is offered at the College. Michael Edgar of Lake County Tech Club gave an overview of the greater Waukegan Development Coalition and how the regional partnership works. Joe DeRosa, Laura Briggs, and Jim Juliano of Lake Forest High School gave an overview of TED-X and reported that the TED ED Club will be launching in September. Elizabeth Brandel, Chairman of the Lake Forest High School Foundation, reported on Pitch Night and stated that the idea of continued growth comes through the willingness and passion of the students. Ms. Kelsey reported that the Business Accelerator’s membership includes creating 87 businesses, 95 jobs, 26 new mentors and there have been 185 internships/practicums through the Lake Forest College Accelerator program. Ms. Kelsey also invited residents to the newly renamed Open Air Market (Farmers Market) beginning on Saturday, June 20. B. Consideration of Acceptance of Gift of Forest Park Demonstration Project Work and Acceptance of Forest Park Site Improvement Work. City Manager, Robert Kiely, Jr., stated that On May 12, 2012 the City Council approved a Master Plan for improving and upgrading Forest Park as prepared by the Forest Park Project Corporation. Mr. Kiely introduced Peter Cherry, who gave a financial overview and update of all the phases of work done at the Park. Cliff Miller reported on the rehabilitation of the infrastructure of the park and how the needs were addressed, the preservation, storm water and the enhancements that were attained. Mr. Miller stated that for the first time the “Forest” in “Lake Forest” is expanding instead of contracting. Ralph Gesualdo, President of the Forest Park Board, thanked the mayor, city council, and staff, and invited the community to the ribbon cutting ceremony celebrating the dedication of the newly rehabilitated Forest Park on Sunday, June 14, from 3-5 PM. 10 Proceedings of the June 1, 2015 Regular City Council Meeting COUNCIL ACTION: Approval of a Resolution authorizing acceptance of Forest Park Demonstration Project Work. Mayor Schoenheider read a surprise Proclamation for the Forest Park Board, thanking the Forest Park Board who has volunteered tirelessly over the past seven years conceptualizing, leading community efforts in support of, and fundraising for this rehabilitation project. The Proclamation also thanked the esteemed residents and volunteers of the Forest Park Project Board, the many donors to the project and the Executive Board members. Mayor Schoenheider then Proclaimed Sunday, June 14, 2015 Forest Park Day and encouraged all residents to join in the Ribbon cutting ceremony COMMENTS BY COUNCIL MEMBERS PUBLIC WORKS COMMITTEE 1. Request Approval of Design Services for a Replacement Membrane System at the Water Treatment Plant Chairman of the Public Works Committee Catherine Waldeck reported that the Public Works Committee and staff are requesting City Council approval of Phase II Engineering: Procurement and Piloting design services for future purchase of a replacement membrane system, based on equipment and services provided by Evoqua, GE Water and Process Technologies, and Pall Corporation, for installation at the water treatment plant. Ms. Waldeck stated that the Public Works Committee has done and will continue its due diligence in researching other options, Chairman Waldeck reported that at the May 18, meeting, the Public Works Committee was presented the findings and recommendations for the alternate neighboring water supply and private/public partnership options. Ms. Waldeck reported that after reviewing the findings, the Public Works Committee made a recommendation to move forward with the first stage of the proposed Phase II Engineering, which is for procurement and piloting design services. This will maintain the overall project timeline for replacement of the existing membrane system. Chairman Waldeck reported that while the second Committee recommendation calls for continual study of alternatives from neighboring water supplies for peak shaving occurrences and private public partnerships and for further discussion and input by City Council. Ms. Waldeck stated that further discussion by City Council on Alternative No. 3 and 5 will be proposed on August 3, 2015 in a workshop format to develop input towards bid alternatives that will impact membrane system design capacity (Option No. 3-A or 3-C) and possibly the future administrative approach of the water system. Staff anticipates the Phase II Membrane Replacement System design will be completed by the fall, 2015. After placing the project out to bid, staff will request City Council award of bid and Phase II Final Design by the end of January. This step will allow for additional design and pilot validation prior to construction of improvements in FY2018. The City Council had discussion relating to Phase I, selling algae that the plant generates, and public-private partnerships. 11 Proceedings of the June 1, 2015 Regular City Council Meeting Mayor Schoenheider asked if there is anyone from the Public who would like to comment on the matter. Seeing none, he asked for a motion. COUNCIL ACTION: The Public Works Committee and staff requests that City Council approve a Phase II Replacement Membrane System Design to Strand Associates in the amount not to exceed $107,500. Additionally, staff is requesting $5,000 contingency for any unforeseen professional service requests to study Alternate No. 3 and 5. Alderman Adelman made a motion to approve a Phase II Replacement Membrane System Design to Strand Associates in the amount not to exceed $107,500. Additionally, staff is requesting $5,000 contingency for any unforeseen professional service requests to study Alternate No. 3 and 5, seconded by Alderman Tack. The following voted “Yea”: Aldermen Waldeck, Newman, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS None ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the May 18, 2015 City Council meeting Minutes 2. Check Register for Period April 25- May 22, 2015 3. Consideration and Approval of the Prevailing Wage Resolution COUNCIL ACTION: Approve the three (3) Omnibus items as presented. Mayor Schoenheider asked members of the Council if they would like to remove any item or take separately. Seeing no request, he asked for a motion to approve the three Omnibus items. Alderman Moreno made a motion to approve the Omnibus items as presented, seconded by Alderman Tack. The following voted “Yea”: Aldermen Waldeck, Newman, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. ORDINANCES NEW BUSINESS 12 Proceedings of the June 1, 2015 Regular City Council Meeting ADDITIONAL ITEMS FOR COUNCIL DISCUSSION Alderman Reisenberg, Chairman of the PPL Committee, reminded residents that there will be a special meeting of the Plan Commission on June 10, 2015. ADJOURNMENT There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by Alderman Waldeck. Motion carried unanimously by voice vote at 8:18 p.m. Respectfully Submitted, Margaret Boyer Deputy City Clerk A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived Meetings Videos. 13 Page 1 of 8 BLR 05611 (Rev. 11/21/13) Printed on 5/27/2015 1:16:16 PM Local Agency City of Lake Forest County Lake Section 11-00090-01-SM Project No. TE-00D1(942) Job No. C 91-030-14 Contact Name/Phone/E-mail Address Robert Ells/847.810.3555 EllsR@cityoflakeforest.com L O C A L A G E N C Y Construction Engineering Services Agreement For Federal Participation C O N S U L T A N T Consultant Gewalt Hamilton Associates, Inc. Address 625 Forest Edge Drive City Vernon Hills State IL Zip Code 60061 Contact Name/Phone/E-mail Address Dan Strahan/847.478.9700 dstrahan@gha-engineers.com THIS AGREEMENT is made and entered into this day of , between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director Division of Highways, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LA in immediate charge of the engineering details of the PROJECT In Responsible Charge A full time LA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Project Description Name Lake Forest Metra Station Route N/A Length N/A Structure No. N/A Termini UP North Line Description: Exterior masonry, stucco, woodwork, and windo repair and replacements. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT hereinbefore described and checked below: a. b. c. d. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform testing as noted below. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. For soils, to obtain samples and perform testing as noted below. For aggregates, to obtain samples and perform testing as noted below. NOTE: For 1a. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR “Project Procedures Guide”, or as indicated in the specifications, or as attached herein by the LA; test according to the STATE BMPR “Manual of Test Procedures for Materials”, submit STATE BMPR inspection reports; and verify compliance with contract specifications. 14 Page 2 of 8 BLR 05611 (Rev. 11/21/13) Printed on 5/27/2015 1:16:16 PM e. f. g. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR “Project Procedures Guide” and the policies of the STATE. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. Inspect, document and inform the LA employee In Responsible Charge of the adequacy of the establishment and maintenance of the traffic control. h. i. j. k. l. m. n. Geometric control including all construction staking and construction layouts. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. Measurement and computation of pay items. Maintain a daily record of the contractor’s activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. Preparation and submission to the LA by the required form and number of copies, all partial and final payment estimates, change orders, records, documentation and reports required by the LA and the STATE. Revision of contract drawings to reflect as built conditions. Act as resident construction supervisor and coordinate with the LA employee In Responsible Charge. 2. 3. 4. 5. 6. 7. 8. 9. 10. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. To furnish the services as required herein within twenty-four hours of notification by the LA employee In Responsible Charge. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without the written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. The ENGINEER shall submit invoices, based on the ENGINEER’s progress reports, to the LA employee In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER’s work completed to date. Such invoices shall represent the value, to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction engineering completed) of the fixed fee for the fully completed work. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. That the ENGINEER shall be responsible for the accuracy of the ENGINEER’s work and correction of any errors, omissions or ambiguities due to the ENGINEER’S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER’s error, omission or negligent act, the ENGINEER shall indemnify the LA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT; 15 Page 3 of 8 BLR 05611 (Rev. 11/21/13) Printed on 5/27/2015 1:16:16 PM b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; f) g) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) of this certification; and have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default. 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT. 14. To be prequalified with the STATE in Construction Inspection when the ENGINEER or the ENGINEER’s assigned staff is named as resident construction supervisor. The onsite resident construction supervisor shall have a valid Documentation of Contract Quantities certification. 15. Will provide, as required, project inspectors that have a valid Documentation of Contract Quantities certification. II. THE LA AGREES, 1. To furnish a full time LA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee Formulas FF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or FF = 14.5%[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm’s Actual Overhead Factor R = Complexity Factor FF=Fixed Fee SBO = Services by Others Total Compensation = DL +IHDC+OH+FF+SBO Specific Rate (Pay per element) Lump Sum 16 Page 4 of 8 BLR 05611 (Rev. 11/21/13) Printed on 5/27/2015 1:16:16 PM 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment – Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. Without Retainage a) For progressive payments – Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment – Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 6. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient’s DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). 7. To submit approved form BC 775 (Exhibit C) and BC 776 (Exhibit D) with this AGREEMENT. III. It is Mutually Agreed, 1. 2. 3. 4. That the ENGINEER and the ENGINEER’s subcontractors will maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. That all services are to be furnished as required by construction progress and as determined by the LA employee In Responsible Charge. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. That all field notes, test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER’s possession and any such loss or damage shall be restored at the ENGINEER’s expense. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER’s last known address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be multiplied by this percentage and added to the ENGINEER’s actual costs to obtain the earned value of work performed. All field notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be delivered to, the LA. 5. 6. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee’s decision shall be final. That in the event the engineering and inspection services to be furnished and performed by the LA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. 17 Page 5 of 8 BLR 05611 (Rev. 11/21/13) Printed on 5/27/2015 1:16:16 PM 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor’s safety precautions, except as provided in numbered paragraph 1f of Section I. 8. This certification is required by the Drug Free Workplace Act (30ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, “grantee” or “contractor” means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee’s or contractor’s workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee’s or contractor’s policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance program; and (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate. 18 Page 6 of 8 BLR 05611 (Rev. 11/21/13) Printed on 5/27/2015 1:16:16 PM Agreement Summary Prime Consultant: TIN Number Agreement Amount Gewalt Hamilton Associates, Inc. 36-3426053 $71,889.35 Sub-Consultants: TIN Number Agreement Amount Harboe Architects 35-2264703 $44,400.00 Sub-Consultant Total: $44,400.00 Prime Consultant Total: $71,889.35 Total for all Work: $116,289.35 Executed by the LA: (Municipality/Township/County) ATTEST: By: By: Clerk Title: (SEAL) Executed by the ENGINEER: ATTEST: By: By: Title: Title: 19 July 15, 2014 GHA Proposal No. 2014.CS094 Page 1 of 5 Exhibit A City of Lake Forest Phase III – Construction Engineering Services Lake Forest Metra UP North Line Commuter Station Section #: 11-00090-01-SM Project #: TE-00D1(942) Job #: C-91-030-14 GHA Proposal No. 2014.CS094 City of Lake Forest (Client), 800 N. Field Drive, Lake Forest, IL 60045, and Gewalt Hamilton Associates, Inc. (GHA), 625 Forest Edge Drive, Vernon Hills, IL 60061, agree and contract as follows: I. Project Understanding The City of Lake Forest proposes to complete exterior renovation and restoration of the Metra UP Commuter Station, located at 691 North Western Avenue. The scope of work will include exterior masonry repair, stucco, woodwork, and door & window repair and replacement based on plans prepared by Harboe Architects, Inc. GHA proposes to provide construction engineering services for this federally funded project. Harboe Architects, Inc. will also provide construction engineering services as a subconsultant to GHA. II. Scope of Services Our scope of services will include the following: A. GHA will perform or be responsible for the performance of the engineering services for the City in connection with the Lake Forest Metra UP North Line Commuter Station Exterior Restoration project. Harboe Architects will be responsible for the technical aspects of the construction engineering services, while GHA will generally be responsible for project management, documentation, and coordination with IDOT: 1. Harboe Architects will provide periodic observation of materials installed by the contractor. Harboe Architects will review and approve shop drawings, diagrams, illustrations, brochures, catalog data, schedules and samples, the results of tests and inspections, and other data which the Contractor is required to submit to confirm compliance with the Contract Documents. 2. GHA will inspect, document, and inform the City of the adequacy of the establishment and maintenance of traffic control. 3. GHA services include measurement and computation of pay items and will process ICORs and authorizations in accordance with IDOT standards. 4. GHA will maintain a daily record of the contractor’s activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. GHA will notify the City of any required change orders prior to authorization. 5. GHA will conduct weekly progress meetings as necessary to review status and schedules. Harboe Architects will attend the weekly progress meetings. 6. GHA & Harboe Architects will conduct a final inspection to determine if the project has been completed in general accordance with the Contract Documents and the Contractor has fulfilled obligations there under so that the Consultant may recommend, in writing, final payment to the Contractor. 7. Upon substantial completion of the project, GHA will prepare a punch list in coordination with Harboe Architects. 20 July 15, 2014 GHA Proposal No. 2014.CS094 Page 2 of 5 III. Engineering Staff and Project Schedule Mr. Daniel J. Strahan, P.E., CFM will function as the Project Manager for the project. Senior Engineer Technician, Mr. Dave Marquardt will be performing the onsite construction coordination and documentation. Other professional staff will assist with the project as needed. This proposal is based on an estimated 26-week construction schedule. IV. Compensation for Services Based on the scope of services noted above and the man-hour calculations below, we propose billing on a time and material basis with an approximate total of $116,289.35. Should the scope of work exceed these assumptions or full-time Resident Engineering services are required beyond the specified estimated construction schedule, GHA will request a modification to this Agreement. Reimbursable expenses such as printing, photos, travel, etc., shall be billed directly to the Client without mark up. For budgeting purposes, we anticipate approximately $4,920.00 for reimbursable expenses, as indicated above. No permit fees or review fees are included in this proposal. Invoices will be submitted on a time and material basis and will detail services performed. Statements of GHA charges made against a project are submitted to clients every four weeks. This allows the client to review the status of the work in progress and the charges made. As part of the GHA statement, a separate review of the Man-Hour Estimate within the original scope will be provided. Additional hours considered to be outside the original scope of services will be identified. Should GHA determine that the original Man-Hour Estimate is to be exceeded; a written modification to the proposal will be required. V. General Conditions of this 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 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 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 Agreement, constitute the entire integrated agreement between the parties which may not be modified without all parties consenting thereto in writing. Encl.: Attachment A 21 July 15, 2014 GHA Proposal No. 2014.CS094 Page 3 of 5 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 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. The terms of this Agreement are subject to renegotiation if not accepted within 60 days of the date indicated on the contract. Requests for extension beyond 60 days should be made in writing prior to the expiration date. The fees and terms of the Agreement shall remain in full force and effect for one year from the date of acceptance of the 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 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 by giving the other party 10 days written notice. Payments are due within (30) days after a statement is rendered. Fees not paid within 60 days of the end of the calendar month in which 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 make payments late. Failure of the Client to make payments when due shall, at the option of GHA, be cause for suspension of services. Upon notification by GHA of suspension of services, Client shall make payment of all outstanding invoices within seven 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, 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 of governmental or regulatory agencies or the Client’s successful completion of the project. The Client and GHA agree that any documents prepared by either party shall conform to the specifications listed in the Engineering Agreement. Any electronic files submitted by GHA to the Client are submitted for an acceptance period of 10 days. Any defects the Client discovers during this period will be reported to GHA and will be corrected as part of GHA’s Basic Scope of Services. Corrections of defects detected and reported after the acceptance period will be compensated for as Additional Services. The Client acknowledges GHA’s plans and specifications, including field data, notes, calculations, and all documents or data on electronic media, as instruments of professional service. The plans and specifications prepared under this Agreement shall become the property of the Client upon completion of the services and payment in full of all monies due to GHA. However, GHA shall retain ownership rights over all electronic data and documents. The Client shall not reuse or make or permit to be made any modification to the plans, specifications, or electronic data without the prior written authorization of GHA. The Client agrees to waive any claim against GHA arising from any unauthorized reuse or modification of the plans and specifications or electronic data. The Client agrees, to the fullest extent permitted by law, to defend and indemnify and hold GHA harmless from any damage, liability or cost, including attorneys’ fees and costs, arising from any reuse or modification of the plans, specifications, or electronic data by the Client or any person or entity which acquires or obtains the plans, specifications, or electronic data from or through the Client. The client is aware that differences may exist between the electronic files delivered and the printed plans and specifications. In the event of a conflict between the signed and/or sealed printed plans and specifications prepared by GHA and electronic files, the signed and/or sealed printed plans and specifications shall govern. The Americans with Disabilities 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 requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Client acknowledges that the requirements of the ADA will be subject to various, and possibly contradictory interpretations. GHA, therefore, will use reasonable professional efforts to interpret applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances, and regulations as they apply to the project. GHA, however cannot and does not warrant or guarantee that the Client’s project will comply with 22 July 15, 2014 GHA Proposal No. 2014.CS094 Page 4 of 5 interpretations of ADA requirements and/or requirements of other federal, state and local laws, rules, codes, ordinances, and regulations as they apply to the project. If required by the contracted scope of services, GHA, shall prepare an opinion of probable construction costs, which shall be submitted to the Client for review. Since GHA has no control over the cost 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, if called for by this Agreement as part of GHA’s scope, shall be made on the basis of experience and qualifications applied to the program contemplated by the Agreement and information provided by Owner, and represent a reasonable judgment as a design professional familiar with the construction industry. However, GHA cannot and 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. If the Client wishes greater assurance as to the construction cost, Client agrees it will employ an independent cost estimator. If required by the Scope of Services, GHA shall visit the project at defined intervals during construction to become generally familiar with the progress and quality of the contractors’ work to determine if the work is proceeding in general conformance with the Contract Documents. Client agrees that GHA does not have control of and is not responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal, State and County safety requirements, in connection with construction work performed by the Client’s construction contractors. GHA is not responsible for the supervision of Client’s construction contractors, subcontractors, materialmen, suppliers, or any of their employees, agents and representatives of such contractors; or responsible for any machinery, construction equipment, and tools used and employed by contractors and subcontractors in the project. GHA, Inc. has no authority or right to stop the work. In no event shall GHA be liable for the acts or omissions of Client’s construction contractors, subcontractors, materialmen or suppliers, or any persons or entities performing any of the construction work, or for failure of any of them to carry out their work as called for by the Construction Documents. Neither the professional activities of GHA, nor the presence of GHA or its employees and subconsultants (if any) at a construction site, shall relieve the Contractor or any other entity of their obligations, duties and responsibilities including but not limited to, construction means, methods, sequence, 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 regulatory agencies or industry practice. GHA personnel have no authority or right to exercise any control or direction over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the Contractor is solely responsible for jobsite safety, and warrants that this intent shall be included in the Client’s agreement with the Contractor. The Client also agrees that the Client, GHA, and GHA’s personnel and consultants 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 their performance of their work, and shall also be named as an additional insured under the Contractor(s)’s general liability insurance policy. It is acknowledged by both parties that GHA’s scope of services does not 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 the job site, or it should become known in any way that such materials may be present at the jobsite or any adjacent areas that may affect the performance of GHA, GHA may, at its option and without liability for consequential or any other damages, suspend performance of its services on the project until the Client retains appropriate specialist consultants or contractors to identify, abate and/or remove the asbestos, mold, fungus or any other hazardous or toxic materials, contaminants or pollutants and further warrant that the jobsite 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 furnished by others, the accuracy of which GHA may reasonably rely upon, GHA will not be responsible for any errors or omissions, which have been incorporated into this document due to information furnished by others. When preparing civil engineering or surveying plans and drawings, information on existing underground utilities or soil conditions is provided from the best information available. This information may be obtained from visible surface evidence, utility company records or soil borings, and is not represented to be the exact location of these utilities or soils in the fields. Client agrees that GHA may reasonably rely on the accuracy of information furnished by third parties. Contractor is solely responsible for exact utility locations. Client shall not hold GHA responsible for Contractor’s error/omission in the utility locations. Client agrees GHA is not responsible for additional costs, 23 July 15, 2014 GHA Proposal No. 2014.CS094 Page 5 of 5 which result from utility conflicts or unforeseen conditions. 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 same. If not included in the scope of services, 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 subcontractors on the project arising from GHA, Inc.’s alleged negligent acts, errors, or omissions, such that the total aggregate liability of GHA, Inc. to all those named shall not exceed $50,000 or GHA’s total fee for the services rendered on this project, whichever is greater. GHA, Inc. makes no warranties, either expressed or implied, including any warranty of habitability, merchantability or fitness for any particular purpose. In no event shall GHA be liable for any loss of profit or any consequential damages. All claims, disputes, controversies or matters in question arising out of or 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 negligence (collectively “disputes”) shall be submitted to mediation before and as a condition precedent to any other remedy. Upon written request by either party to this Agreement for mediation of any dispute, the Client and GHA shall select by mutual agreement a neutral mediator. Such selection shall be made within ten (10) calendar days of the date of receipt by the other party of the written request for mediation. In the event of failure to reach such agreement or in any instance when the selected mediator is unable or unwilling to serve and a replacement mediator cannot be agreed upon by Client or GHA within ten (10) calendar days, a mediator shall be chosen as specified in the Construction Industry Mediation Rules of the American Arbitration Association then in effect. Mediation shall take place in Chicago, Illinois unless the Client and GHA agree otherwise. The fees of the mediator(s) and costs incurred by the mediator(s) shall be apportioned equally between the parties. Either the Client or GHA may terminate this Agreement without penalty at any time with or without cause upon 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 to this Agreement. The Client shall also reimburse GHA termination expenses, including, but not limited to, those associated with demobilization, reassignment of personnel and space and equipment costs. Client shall not assign this Agreement without GHA’s written consent. 24 Route:Lake Forest Metra StationLocal Agency:City of Lake ForestSection: TE-00D1(942)%%Project Duration130 Days Employee Classification Payroll RateServices by OthersProfit PRINCIPAL ENG $58.94 $ 905.91 PROFESSIONAL ENG $35.86 $ 1,102.34 SR ENG TECH $30.69 $ 6,132.17 ENG TECH 1 $16.07 $ 370.49 CLERICAL $23.75 $ 365.04 $ 70,089.35 44,400.00$ $ - 1,800.00$ $ 8,875.94 0.5 2600 1,300.00$ 500.00$ $ 116,289.35 per mile miles mileage printing $ 2,868.80 $ 4,733.52 $0.00 $ 8,704.66 Subconsultant-Harboe Architects $ 44,400.00 $0.00$0.00 $ 2,925.62 $ 2,357.60 $ 3,890.04 $ 7,153.55 $ 15,958.80 $ 26,332.02 $0.00 $ 48,422.99 $ 116,289.35 $1,800.00In House Direct Costs (See Attached Estimate) $ 1,800.00 INDIRECT COSTS $ 38,114.01 $1,800.00740 $ 23,099.40 GHA-Construction Engineering Services - Phase III520 40 80TotalPayroll Costs Overhead* In House Direct CostsElement of Work Man-HoursCost Estimate of Consultant’s Services in Dollars 0 0.035 0.07Project:Job No.: C-91-030-14Complexity Factor*Firm’s approved rates on file with IDOT’S11-00091-00-SMBureau of Accounting and Auditing:(Municipality/Township/County) $ 964.20 60 $ 1,590.93 Section #11-00090-01-SM $ 1,567.50 $0.00 $ 2,882.54 $ 950.00 14.5Overhead RateProfit RateProject #: TE-00D1(942)Job #: C-91-030-1440Exhibit BPhase III - Construction Engineering ServicesScope of Work, Man-Hour Calculations and Cost Estimate of Consultant ServicesLake Forest Metra UP North Line Commuter StationCity of Lake Forest165.0025 Exhibit C City of Lake Forest Phase III – Construction Engineering Services Lake Forest Metra UP North Line Commuter Station Section #: 11-00090-01-SM Project #: TE-00D1(942) Job #: C-91-030-14 GHA Proposal No. 2014.CS094 Direct Cost Estimate Estimated Expenses: Printing Expenses Estimated at: = $500.00 Vehicle Expense Estimated at: 2,600 miles at $0.50/mile = $1,300.00 Direct Cost Estimate Total = $1,800.00 Final PS&E Documents 0 Full Size Plans - 10 sheets x 20 sets x 6sf/sheet x $0.25/sf $300.00 Half Size Plans – 10 sheets x 20 sets x 2sf/sheet x$0.25/sf $100.00 Misc. Shipping Costs $100.00 26 27 28 29 Exhibit B Page 8 of 8 BLR 05613 (Rev. 11/21/13) Printed on 5/27/2015 1:16:16 PM Engineering Payment Report Prime Consultant Name Gewalt Hamilton Associates, Address 625 Forest Edge Drive Telephone 847-478-9700 TIN Number Project Information Local Agency The City of Lake Forest Section Number 11-00090-01-SM Project Number TE-00D1(942) Job Number C 91-030-14 This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment from Prime Harboe Architects 35-2264703 Sub-Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. For information about IDOTs collection and use of confidential information review the department’s Identity Protection Policy. 30 Printed on 6/9/2015 Page 1 of 5 BLR 05310 (Rev. 10/06/14) Local Agency City of Lake Forest State Contract Day Labor Local Contract X RR Force Account Local Agency Agreement for Federal Participation Section 11-00090-01-SM Fund Type ITEP ITEP and/or SRTS Number 120122 Construction Engineering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number C-91-030-14 TE-00D1(942) This Agreement is made and entered into between the above local agency hereinafter referred to as the “LA” and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LA, approved by the STATE and the STATE’s policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as “FHWA”. Location Local Name Lake Forest Metra Commuter Station Route N/A Length N/A Termini UP North Line Current Jurisdiction LA TIP Number 10-11-0019 Existing Structure No N/A Project Description Replacement of stone sills, maintenance of masonry, tuckpointing, replacement of windows and doors, and paint removal and recoating of exterior/interior surfaces. Division of Cost Type of Work ITEP % % LA % Total Participating Construction 795,492 ( * ) ( ) 198,873 ( BAL ) 994,365 Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering 93,031 ( * ) ( ) 23,258 ( BAL ) 116,289 Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 888,523 $ $ 222,131 $ 1,110,654 *Maximum FHWA (ITEP) participation 80% not to exceed $888,523.00. NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. Local Agency Appropriation By execution of this Agreement, the LA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LA share of project costs. A copy of the resolution or ordinance is attached as an addendum. Method of Financing (State Contract Work) METHOD A---Lump Sum (80% of LA Obligation) METHOD B--- Monthly Payments of due by the of each successive month. METHOD C---LA’s Share Balance divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) 31 Printed on 6/9/2015 Page 2 of 5 BLR 05310 (Rev. 10/06/14) Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LA’s estimated obligation incurred under this Agreement. The LA will pay to the STATE the remainder of the LA’s obligation (including any nonparticipating costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LA’s estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA’s obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor’s first and subsequent progressive bills for this improvement, the LA will pay to the STATE within thirty (30) calendar days of reciept, an amount equal to the LA’s share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C, shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LA on this or any other contract. The STATE, at its sole option, upon notice to the LA, may place the debt into the the Illinois Comptroller’s Offset System (30 ILCS 105/10.05) or take such other and further action as my be required to recover the debt. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. 32 Printed on 6/9/2015 Page 3 of 5 BLR 05310 (Rev. 10/06/14) (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT’s District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer’s Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA’s concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA’s certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. 33 Printed on 6/9/2015 Page 4 of 5 BLR 05310 (Rev. 10/06/14) (25) (Single Audit Requirements) That if the LA expends $500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. LA’s that expend less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (Office of Finance and Administration, Audit Coordination Section, 2300 South Dirksen Parkway, Springfield, Illinois, 62764), within 30 days after the completion of the audit, but no later than one year after the end of the LA’s fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration (CCR)), which is a web-enabled government-wide application that collects, validates, stores, and disseminates business information about the federal government’s trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: https://www.sam.gov/portal/public/SAM/#1. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA’s certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer’s Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties, their successors and assigns. (4) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT – assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT – assisted contracts. The LA’s DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). In the absence of a USDOT – approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE’s USDOT approved Disadvantaged Business Enterprise Program. (5) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application 34 Printed on 6/9/2015 Page 5 of 5 BLR 05310 (Rev. 10/06/14) ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1- Location Map, Number 2 – Local Appropriation Resolution. (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED APPROVED Local Agency State of Illinois Department of Transportation Donald P. Schoenheider Name of Official (Print or Type Name) Randall S. Blankenhorn, Acting Secretary Date Mayor By: Title (County Board Chairperson/Mayor/Village President/etc.) Aaron A. Weatherholt, Deputy Director of Highways Date Omer Osman, Director of Highways/Chief Engineer Date (Signature) Date The above signature certifies the agency’s TIN number is Michael A. Forti, Chief Counsel Date 36-6005960 conducting business as a Governmental Entity. DUNS Number 070160429 Tony Small, Director of Finance and Administration Date NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. 35 City of Lake Forest Location: Lake Forest Metra Station UP North Line Section No.: 11-00090-01-SM Project No.: TE-00D1(942) Job No.: C91-030-14 Lake County R E S O L U T I O N WHEREAS, The City of Lake Forest of is attempting to improve the existing East Side Metra Train Depot; and WHEREAS, the cost of said improvement has necessitated the use of federal funds; and WHEREAS, the federal fund source requires a match of local match; and NOW THEREFORE, BE IT RESOLVED by THE CITY of LAKE FOREST authorized Two Hundred Fourty-Four Thousand Three Hundred Forty Four dollars, ($244,344.00), or as much may be needed to match federal funds in the completion of Section Number 11- 00090-01-SM. BE IT FURTHER RESOLVED that the MAYOR and CITY MANAGER be and are hereby authorized and directed to execute the LOCAL AGENCY AGREEMENTS and any other such documents related to advancement and completion of said project; and BE IT FURTHER RESOLVED that the Clerk is hereby directed to transmit three certified copies of this resolution to the Illinois Department of Transportation through the Division of Transportation and one certified copy to the CITY through the Office of the City Engineer. Enacted and approved this 15th day of JUNE , 2015 , at The City of Lake Forest, Illinois. Mayor ATTEST: Deputy City Clerk 36 DANIEL STRAHAN, P.E., GEWALT HAMILTON EAST SIDE TRAIN STATION TUCKPOINTING & PAINTING SCHEDULE D JUNE 15, 2015 37 SCHEDULE •*Schedule is based on typical IDOT review time periods •*Assumes IDOT agrees to letter from Union Pacific approving the project •May 26, 2015 – City submitted pre-final submittal of plans and specifications to IDOT •June 26, 2015 – IDOT review complete and comments provided back to City (4 weeks) •July 10, 2015 – City makes necessary revisions and submits final submittal 38 SCHEDULE •July 31, 2015 – IDOT review complete; assuming approval plans are forwarded to Central Office in Springfield (3 weeks) •August 20, 2015 – IDOT Central Office review complete (3 weeks) •Project is in IDOT Bulletin on August 20, August 27, and September 3 •September 10, 2015 – Bid opening •September 21, 2015 – Project awarded by City Council •After contract coordination anticipated start date would be mid to late October 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 I NFRASTRUCTURE A LTERNATIVES A NALYSIS JUNE 2015 89 INTRODUCTION 90 WHAT IS IAAS? •Infrastructure as a Service (IaaS) – Computer infrastructure on an outsourced basis in support of operations •IaaS can include servers, data storage, and data center space; it may also include application software •For Lake Forest, the scope of this IaaS study is: •Server Infrastructure •Data Storage •Electronic Mail (Exchange) Environment •Backups •Disaster Recovery 3 91 CLOUD PREREQUISITES Preparatory Changes – City Responsibilities •Internet Connections – 500MB or higher •Current Internet bandwidth is much less •Municipal Services and Public Safety •Upgrade all end-of-life Windows Servers to 2008 or higher •Migrate all virtual machines to VMware 5.5 or higher 4 92 IAAS BENEFITS Pros •Limits capital expenditures •Reduces hardware footprint in data center by more than 30 percent •Can provide high availability, fault tolerance, and intra-data migration capabilities •Centralized management •Automation of expansion •Improved support by Subject Matter Experts (SMEs) •Increased flexibility Cons •Loss of control •Requires two high-speed Internet connections •Increased operating cost 5 93 FINDINGS OVERVIEW 94 OVERVIEW Findings – Current State •Three load balanced Internet connections •Approximately 55Mb total bandwidth •Server Infrastructure: Microsoft Windows •Servers: 41 (10 Physical, 31 Virtual ) – 80% virtual •25% of Windows Operating Systems are end of life •Electronic Mail (Exchange 2010) ♦Complicated environment requires abnormal levels of support •Data Storage •Age: 9 year – standard replacement cycle 7 years •Data storage nearing maximum capacity •Backups •34 distinct backup jobs Forecast Annual Growth •Growth ranges between 15% to 25%, depending on system 7 95 SERVER INFRASTRUCTURE DESIGN (CURRENT) Public Safety Fire Station 2 City Hall Municipal Services Secondary Sites Secondary Sites Secondary Sites 1.5Mb 15/20Mb 40Mb Fiber Ring Fiber Ring Fiber Ring Fiber Ring Fiber Fiber Fiber Internet LF Infrastructure Primary Data Center 8 96 OPTIONS Options •In-House •Replace existing core Infrastructure components ♦Servers, SAN, Exchange, Backup ♦Disaster Recovery – Buildout at Public Safety ♦Internal staff support existing Infrastructure •Hybrid Cloud •Replace existing core Infrastructure components ♦Internal Staff Supports Infrastructure •Electronic Mail to Microsoft Cloud •Disaster Recovery (non-Financials) to the Cloud •IaaS •Move Infrastructure to the Cloud •Third-Party Supported Infrastructure ♦All servers and services are hosted in cloud ♦Third-Party vendor manages Cloud-based Infrastructure 9 97 IN-HOUSE OVERVIEW •Replace existing core infrastructure •Replace: Servers, SAN, Backup Solution •Build Disaster Recovery Solution at Public Safety •Internal Staff Management of existing environment •100% of environment is local •Uptime Service Level: 99.9% •Disaster Recovery Service level: Recovery in 24 hours 10 98 IN-HOUSE DESIGN Public Safety Fire Station 2 City Hall Municipal Services Fiber Ring Fiber Ring Fiber Ring Fiber Ring Internet 40Mb 40Mb LF Infrastructure Primary Data Center LF Infrastructure Disaster Recovery Data Center 11 99 IN-HOUSE PROS AND CONS Pros •Lowest Total Cost of Ownership •City retains direct control over production systems and all data •Department of Justice has not agreed to all Cloud deployments for Police Cons •Higher ongoing support cost •Highest up-front capital cost •Lowest service level agreement •In-house disaster recovery site distance not best practice •Must spend $20K+ to simplify electronic mail environment 12 100 HYBRID OVERVIEW •Replace existing core infrastructure •Servers, SAN, backup solution •Exchange moves to Office 365 •Build Disaster Recover solution in the Cloud •Internal Staff Management of primary environment •Disaster Recovery •Financial systems disaster recovery remains at Public Safety •For majority of systems; Disaster Recovery replication to the Cloud is automatic •Disaster Recovery server provisioning is provided by third party •Uptime service Level: 99.9% •Disaster Recovery Service Level: Uptime in 24 hours 13 101 HYBRID DESIGN Public Safety Fire Station 2 City Hall Municipal Services Fiber Ring Fiber Ring Fiber Ring Fiber Ring Internet 250Mb 250Mb Microsoft Cloud EMail Cloud Provider LF Infrastructure Primary Data Center LF Infrastructure Disaster Recovery Data Center 14 102 HYBRID CLOUD PROS AND CONS Pros •Total Cost of Ownership near In-House •Maintains control of Production Systems •Data going to Cloud is encrypted •Disaster Recovery site meets best practices for distance •Eliminates need to re-engineer electronic mail Cons •Somewhat lower ongoing support cost •Higher up-front capital cost •Ongoing cost of disaster recovery to the Cloud •Department of Justice has not agreed to all Cloud deployments for Police 15 103 I AAS OVERVIEW •Complete private Cloud provider management •All Server Infrastructure in Cloud •Fully automated replication of data and services •Cloud–to-Cloud •Reduces current internal Infrastructure •Electronic Mail – Virtualized and migrated to Cloud •Backup (BaaS ) – Enabled •Disaster Recovery (DRaaS ) – Enabled •Ability to measure growth and performance – Automated •Storage incrementing – Automated – 6TB blocks •Production Support to Cloud provider •SLA Value: 99.99% (Cloud provider value) 16 104 IAAS DESIGN – CLOUD Public Safety Fire Station 2 City Hall Municipal Services Fiber Ring Fiber Ring Fiber Ring Fiber Ring Internet 500Mb 500Mb Cloud Provider LF Cloud Infrastructure Disaster Recovery Data Center LF Infrastructure Primary Data Center 105 IAAS PROS AND CONS Pros •Lowest ongoing support cost •Lowest up-front capital cost •Production support outsourced 24 x 7 x 365 •Improved performance reporting •Expansion can be automated •Disaster Recovery site meets best practices for distance •Eliminates need to re-engineer electronic mail Cons •Total Cost of Ownership highest •Ongoing cost of disaster recovery to the Cloud •Loss of control of Production Environment •Department of Justice has not agreed to all Cloud deployments for Police 18 106 COST ESTIMATES 107 TOTAL COST OF OWNERSHIP COMPARISON 20 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 1 2 3 4 5 6 7 8 9 10 Years Inhouse Hybrid IaaS 108 COST COMPARISON – IN HOUSE 21 In-House Budget Description Budget Cost Each Qty Total Cost Internet Upgrade (Existing – Annual Cost) $17,700 1 $17,700 Server Upgrades and Consolidations (one time) $2,050 31 $63,550 Servers - (one time) $15,000 5 $75,000 VMware Licensing (5.5 or above) (1 Year) $55,000 1 $55,000 SAN Replacement (one time) $84,000 1 $84,000 Exchange Migration (one time) $11,500 1 $11,500 Exchange Simplification (one time) $10,000 1 $10,000 Backup Solution (one time) incl. hardware, licensing ,support $62,000 1 $62,000 Disaster Recovery Solution (one time) (SAN, Servers, Software, Support) $145,000 1 $145,000 SQL Database Consolidation (one time) $25,000 1 $25,000 Consulting (one time) $50,000 1 $50,000 Training (one time) $10,000 1 $10,000 Staff Support Cost - Annual $60,000 1 60,000 Total Cost Year 1 $668,750 Estimated Cost - Years 2-5 $343,600 Staff Support Costs - Years 2-5 $240,000 Total 5 Year total Cost $1,252,350 109 COST COMPARISON – HYBRID 22 Hybrid Budget Description Budget Cost Each Qty Total Cost Internet Upgrades ( 2 Lines) - 250Mb $17,700 2 $35,400 Server Upgrades and Consolidations (one time) $2,050 31 $63,550 Servers - (one time) $15,000 5 $75,000 VMware Licensing (5.5 or above)(one time) $55,000 1 $55,000 SAN Replacement(one time) $84,000 1 $84,000 Exchange Migration (Office 365) $12,000 1 $12,000 Office 365 (Exchange government P2) $15,120 1 $15,120 Backup Solution (one time) $72,000 1 $72,000 Disaster Recovery Cloud Provisioning $9,000 1 $9,000 Disaster Recovery as a Service (DRaas) $44,400 1 $44,400 SQL Database Consolidation (one time) $25,000 1 $25,000 Consulting (one time) $40,000 1 $40,000 Training (one time) $7,500 1 $7,500 Staff Support Cost - Annual $36,000 1 $36,000 Total Cost Year 1 $573,970 Estimated Cost - Years 2-5 $662,480 Staff Support Costs - Years 2-5 $144,000 Total 5 Year total Cost $1,380,450 110 COST COMPARISON – IAAS 23 Fully Managed Budget Description Budget Cost Each Qty Total Cost Internet Upgrades( 2 Lines) - 500Mb $30,000 2 $60,000 Server Upgrades and Consolidation(AD, 2K12)(one time) $2,050 31 $63,550 Servers $0 0 $0 Vmware Licensing (5.5 or above)(one time) $55,000 1 $55,000 Cloud Preparations (one time) $1,750 31 $54,250 SAN Replacement $10,000 1 $10,000 Exchange Migration (Physical-2-Virtual) (one time) $11,500 1 $11,500 Exchange Simplification (one time) $28,000 1 $28,000 Backup Solution(BaaS) $712 12 $8,544 Disaster Recovery Solution (DRaaS) $5,814 12 $69,768 Database Consolidation (one time) $25,000 1 $25,000 Licensing (Cloud Subscription) $764 12 $9,168 CPU and Storage Fee (Cloud) $18,987 12 $227,844 Consulting (one time) $50,000 1 $50,000 Training (one time) $10,000 1 $10,000 Staff Support Cost - Annual $14,400 1 $14,400 Total Cost Year 1 $697,024 Estimated Cost - Years 2-5 $1,511,296 Staff Support Costs - Years 2-5 $57,600 Total 5 Year total Cost $2,265,920 111 BUDGETARY FORECAST SUMMARY ESTIMATES 24 Summary TCO Option 5YR-TCO 7YR-TCO 10YR-TCO In-House $1,252,350 $1,664,250 $1,999,850 Hybrid $1,380,450 $1,753,790 $2,249,050 IaaS $2,265,920 $3,045,368 $4,214,540 Recommendations •Continue to provide In-House infrastructure for applications, files, printer, and other needs •Must invest in new servers, disk, and backup solutions now •Move electronic mail and disaster recovery to the Cloud – Hybrid Solution •Develop an RFP for on-premise equipment and cloud based Disaster Recovery •Evaluate each software application for In-House support vs. Cloud services (already underway) 112 PROCUREMENT SCHEDULE 25 Milestone Anticipated Timeframe City Council Approval to Proceed 6/15/2015 RFP issuance 7/17/2015 Vendor proposals due 8/18/2015 Contract negotiations and award 10/19/2015 Anticipated implementation start 10/26/2015 113 QUESTIONS AND ANSWERS 26 114