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PUBLIC WORKS COMMITTEE 2017/01/04 PacketPUBLIC WORKS COMMITTEE MEETING WEDNESDAY, JANUARY 4, 2017 – 7:00 P.M. MUNICIPAL SERVICES – LOWER LEVEL TRAINING ROOM AGENDA I. ROLL CALL/CALL TO ORDER Cathy Waldeck, Chairman Stanford Tack Michelle Moreno Timothy Newman II.APPROVAL OF THE DECEMBER 5, 2016 PUBLIC WORKS COMMITTEE MEETING MINUTES III.REVIEW AND RECOMMENDATION TO CITY COUNCIL OF WINWOOD’S SANITARY SEWER PROJECT APPROACH: NOT PROCEED, SINGLE SSA, RECAPTURE, CODE AMENDMENTS – MIKE STRONG & MICHAEL THOMAS IV.REVIEW AND RECOMMENDATION TO CITY COUNCIL OF WINWOOD SANITARY COST CONSIDERATIONS: COMPLETE RESURFACING OR SPOT ASPHALT PATCHING – MIKE STRONG & MICHAEL THOMAS V. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF A HARDSHIP WAIVER PROCESS FOR THE SANITARY SEWER ORDINANCE – MIKE STRONG & MICHAEL THOMAS VI.UPDATE ON SECURING THE WINWOOD SANITARY SEWER PROJECT EASEMENTS – MIKE STRONG & MICHAEL THOMAS VII.REVIEW AND RECOMMENDATION TO CITY COUNCIL OF THE CONSTRUCTION ENGINEERING AGREEMENT FOR INTERIOR WORK AT THE EAST SIDE TRAIN STATION – MIKE STRONG VIII.NEXT MEETING – JANUARY 17, 2017 5:00 P.M. @ CITY HALL IX.ADJOURNMENT PUBLIC WORKS COMMITTEE MEETING MONDAY, DECEMBER 5, 2016 – 5:00 P.M. CITY HALL – COUNCIL CHAMBER’S CONFERENCE ROOM MINUTES I. ROLL CALL/CALL TO ORDER Chairman Cathy Waldeck called the meeting to order at 5:00 p.m. Aldermen Michelle Moreno and Timothy Newman were present. Alderman Stanford Tack arrived at 5:30 p.m. Staff in attendance included Michael Thomas, Director of Public Works; Bob Kiely, City Manager; Bob Ells, Superintendent of Engineering; Dan Martin, Superintendent of Public Works; Dave DeMarco, Supervisor of Fleet Maintenance; Elizabeth Holleb, Director of Finance; Mike Strong, Assistant to the City Manager; and Jim Lockefeer, Management Analyst. Also in attendance was Prue Beidler – First Ward Alderman; Bill Weaver – AECOM; and resident Paul Hamann of 511 Beverly Place. II.APPROVAL OF THE NOVEMBER 7, 2016 PUBLIC WORKS COMMITTEE MEETING MINUTES Chairman Waldeck moved to approve the November 7, 2016 Public Works Committee meeting minutes. Alderman Newman seconded the motion, which carried unanimously. III.DISCUSSION OF HARDSHIP WAIVER PROCESS FOR THE SANITARY SEWER ORDINANCE Assistant to the City Manager Strong explained the Public Works Committee discussed this topic in 2015. Approximately 115 properties within The City of Lake Forest are currently utilizing septic systems. After the Regency SSA project was completed and upon completion of the Winwood SSA, approximately 60 properties on septic throughout Lake Forest, will be within 500 ft. of sanitary sewer. Under current ordinance when their septic system fails they are required to connect to sanitary sewer. There are also approximately seven properties on septic that are outside the 500 ft. and they would not be required to connect under the current ordinance. Assistant to the City Manager Strong explained the purpose of this agenda item is to discuss if there is potential to consider a hardship waiver process for the sanitary sewer ordinance. A letter from a resident in Winwood was included in the Committee’s packet requesting waiver from the Winwood SSA project due to their hardship. Currently the existing sanitary sewer ordinance does not include a hardship waiver process. If the Committee felt it were appropriate to create a more formal hardship waiver process, the code could be modified to establish standards to examine and determine hardships. Alderman Newman explained that the City Attorney, Vic Fillippini, still needed to explain what would happen if a homeowner within an SSA was granted a hardship waiver. Alderman Newman asked if they would they still be included in the SSA project area. Chairman Waldeck explained that having a waiver process was a good thing. She believed that the process should not be too precise and that instead each waiver applied for should be taken on a case by case basis. Assistant to the City Manager Mike Strong stated that if homeowners within the SSA project were required to connect they would need to be included in the SSA project area. He explained that if a hearing process was to be a part of the hardship waiver process, the Committee could also make the determination to include that property in the SSA area or not. Public Works Director Michael Thomas explained that after the 60 day objection period it will have to be known how many properties will be included in the Winwood SSA project. Therefore, staff envisions hearing the appeal in January at a Public Works Committee meeting. Assistant to the City Manager Strong explained that if a hardship waiver process is approved and if the homeowners appeal is granted, then there is still time to amend the SSA project area. He then stated if the Committee would like to proceed staff would work with the City Attorney to modify the ordinance to include a hardship waiver process. That would then be brought back to the Committee for their review at their next meeting. If approved that resolution would then be brought to the January 17, 2017 City Council Meeting. City Manager Robert Kiely explained that if a resident was granted a waiver due to a hardship, they would not be required to connect to sanitary sewer. He stated that it was important for the Committee to also consider a recapture process for properties within an SSA that were granted waiver if they wanted to connect to sanitary sewer at some point in time. Alderman Moreno explained she had concerns with granting a hardship waiver if the property could be subdivided in the future. She stated that language needed to be included in the ordinance that required connection and recapture if this were to occur. Chairman Waldeck stated the Committee previously discussed having a special meeting devoted to the Winwood SSA neighbors. She explained that having this meeting would be a good idea to devote more time to answering the residents’ questions. Alderman Newman inquired about the sale of properties granted the hardship waiver. City Manager Kiely explained that the waiver would be filed with Lake County and that potential buyers would be aware of that. Director Thomas explained that the revised ordinance would be brought back to the Committee with the addition of the hardship waiver process and that the Committee would need to meet with the resident who has already claimed hardship. He also stated that a special meeting would be coordinated for the homeowners within the Winwood SSA. Director Thomas explained all of this would be coordinated for some time in January. IV.REVIEW AND RECOMMEDNATION TO THE CITY COUNCIL OF AN AGREEMENT TO PROVIDE AN UPDATE TO THE FOREST PARK BLUFF STABILITY EVALUATION Superintendent of Engineering Bob Ells introduced Bill Weaver, Senior Engineer with AECOM. AECOM completed the 2009 study for the Forest Park Bluff Project and consulting for the South Beach Access Road in 2011. Most recently AECOM completed the slope stability analysis for the southern portion of the South Beach Access Road that is experiencing the failure today. Superintendent Ells explained that on the committee’s agenda is a request to expand the study of the South Beach Access Road. During the discussion about the design to repair the bluff adjacent to the South Beach Access Road at the Finance Committee Capital Budget Workshop on November 14, 2016, it was recommended by the Committee to examine the rest of the Forest Park Bluff to see if there any other areas that need work so that all possible work could be combined into one construction project. In the past the Forest Park from north to south has been examined and fixed in sections rather than examining the area in its entirety. Mr. Ells explained that staff provided two proposals for the committee’s review; one from AECOM and the other from the Ciorba Firm. Alderman Biedler inquired about when Forest Park Drive was closed. Superintendent Ells explained that it was closed for the 1999 improvements. Alderman Biedler inquired if the circumstances to that project were similar to the proposed project today. Superintendent Ells responded that the project would be very similar. Director Thomas added that the North Shore Sanitary District installed a large basin in the South Beach Parking Lot. This brought a lot of semi and truck traffic that road typically never experiences. He also explained there have been three water main breaks on the South Beach Access Road. Chairman Waldeck inquired about the North Shore Sanitary District’s involvement and interest with the current project. Director Thomas explained that Tom Swarthout of the North Shore Sanitary District will be a part of the Bluff Stability Workgroup. Alderman Moreno inquired about AECOM’s past experiences working with bluffs. Superintendent Ells explained that AECOM has completed three similar studies within The City of Lake Forest. Bill Weaver explained that AECOM has done a very large amount of bluff and costal engineering around Lake Michigan. Alderman Beidler inquired about Ciorba and their experience. Superintendent Ells explained that The City of Lake Forest has never worked with the firm before. Director Thomas explained staff is recommending AECOM because of the past work they have completed in Lake Forest and that the base line data they have already collected in past studies will assist them in this analysis. Alderman Newman also noted that AECOM provided a lower bid. Director Thomas explained that AECOM, after completing the study, would meet with the Bluff Stability Work Group. AECOM would present the findings and prioritize those sections of the bluff that need work. Chairman Waldeck inquired about staff’s recommendation to use a different firm then AECOM for design of the project. Alderman Newman explained that it made sense that after the results of AECOM’s study were presented, that there would be a bidding process for the final design. Both Chairman Waldeck and Alderman Newman explained that they would not want to exclude AECOM from being considered for completing the final design. Alderman Newman inquired about dividing the project into three separate categories: evaluation, design, and construction (all separate contracts). Director Thomas confirmed this approach. Director Thomas noted that design of the project is going to take at least two to three months. Upon completion of the design, if the City was to use Motor Fuel Tax Funds to pay for a portion of the repair, the City would need to secure approval from IDOT to use such funds on this project. Alderman Moreno inquired about snow removal in the area. Director Thomas explained that the area on South Beach Access Road AECOM has already identified as a high priority has been tarped to keep as much water as possible off of it. The “Ring Road” in Forest Park is closed to the public during snow storms so that it can be properly broomed / swept after the storm. Alderman Moreno inquired about taking any additional safety measures. Bill Weaver explained that channeling people onto the other side of the road that is not having problems would be a good thing. Director Thomas explained that there have been barricades and cones in that area doing so. Resident Paul Hamann of 511 Beverly Place inquired about the trees removed on the bluff. He stated that a lot of trees have been removed from the bluff. He requested that when AECOM conducts the study that root structure is considered. Director Thomas asked Bill Weaver to explain if trees help or hurt the current situation. Bill Weaver explained that trees do help by keeping some rain water off the slope and also absorb some of the water. However, the root structure of the trees can also be an issue. Often smaller vegetation has deeper root structures. Trees can block sunlight that is necessary for that smaller vegetation to get established. Bill Weaver stated that it depends on slope steepness. Bill Weaver concluded that trees are not a primary reason for a bluff failure but are a factor. Chairman Waldeck moved to direct City staff to bid the design phase of the project out. Alderman Moreno seconded the motion which carried unanimously. City Manager Kiely asked the Committee if they would like Bill Weaver to stay for the City Council meeting or if he could be dismissed. The Committee stated that Bill Weaver could be dismissed. V. REVIEW AND APPROVAL OF THE DRAFT F.Y.’18 CAPITAL EQUIPMENT PLAN Chairman Waldeck noted that the Committee could examine each piece of equipment one by one or if anyone had any specific question about a specific piece in particular. Chairman Waldeck noted that a list is included in the packet noting each piece of equipment utilized by a specific Department. The pieces are listed by year, make, and model and provide an estimate fiscal year and amount of replacement. The Committee requested that Director Thomas go over and summarize the program. Director Thomas began by noting that there were no police cars being recommended for replacement in FY ’18. He noted that a 20-year old street sweeper and sewer vacuum machine are in need of replacement. Director Thomas explained that staff, per the guidelines noted in the purchasing directive, is seeking pricing from either NJPA (National Joint Purchasing Alliance), National IPA, State Bid, or the Northwest Municipal Conference for a majority of the FY ’18 equipment. If pricing is available, the City uses these purchasing avenues that are each bid out individually and follow all public sector bidding requirements. Director Thomas explained the City is able to realize even larger cost savings because these agencies and organizations submit their bids based upon selling higher quantities of equipment. Director Thomas explained that the state bid process typically offers the best pricing however this year, like many recent years, the state has no money to purchase capital equipment. If the Committee approves the draft list of FY ’18 equipment, City Council will begin to see the equipment for approval in January, February, and March. This simply allows staff to order the equipment; no equipment will physically be received until May 1st of after. Director Thomas then introduced the City’s Supervisor of Fleet, Dave DeMarco who was present to help answer any questions the Committee has. Alderman Moreno inquired about any surprises in regards to equipment. Supervisor of Fleet, Dave DeMarco, explained that in general there were not. Director Thomas explained that he and the Fleet Supervisor spend quite of bit of time researching, reviewing and developing specifications to ensure high quality items are purchased and that they will last for a long time. Chairman Waldeck explained that she liked the change of the parking enforcement scooter to electric. Director Thomas explained that the City’s Sustainability Plan encouraged staff to look at green alternatives. Alderman Moreno inquired about specialty equipment and if something was being purchased above and beyond a standard piece of equipment. Director Thomas explained that there was not any specialty equipment included in the FY ’18 list. Alderman Moreno inquired about equipment rust. Director Thomas explained this occurs because of salt. He explained that the City does purchase stainless steel equipment when possible and also coats the underbodies of new equipment to help prevent rust. Alderman Newman made a motion to approve the F.Y.’18 Capital Equipment List. Chairman Waldeck seconded the motion which carried unanimously. VI.REVIEW OF 2016/2017 SNOW & ICE CONTROL PLAN Chairman Waldeck explained that the Public Works Committee receives and reviews the plan every year. She inquired if anything in this year’s plan has been changed from the previous year. Director Thomas explained that nothing has been changed since last year. Director Thomas explained the importance of the overnight crews and multiple shifts in allowing the Public Works Department to stay on top of snow events. Superintendent of Public Works, Dan Martin, added that the overnight crew, working on straight time, primarily assists with hauling snow out of the CBD and parking lots, and addresses “hots spots” (ice, piles on corners) around town. Chairman Waldeck inquired about sidewalk plowing and explained that she believed the City could be doing a better job. She explained that she receives numerous complaints every year. She stated that in her neighborhood ice forms under the snow in sidewalks. She inquired about getting to the sidewalks sooner. Director Thomas explained is that it is very challenging to do so. Once the sidewalks freeze it is very challenging to get them clear and scraped. In order to stay on top of the sidewalks the Public Works Committee would need modify the snow plan’s priorities and elevate sidewalk plowing / brooming to the same level as streets. Director Thomas added the current sidewalk equipment is not in good condition. The equipment works but it is slow and breaks down frequently. He said that the equipment replacement plan calls for replacement of some of the sidewalk equipment to occur in FY ’19. Alderman Moreno explained that drainage is also a factor. Sidewalks do not have the same type of drainage streets have which is why they freeze. Alderman Moreno explained that because of this she felt it was better to not plow the sidewalks at all. Chairman Waldeck explained it would be nice if homeowners took responsibility and shoveled the sidewalks in front of their homes. Director Thomas explained that in March of 2014 a survey was issued asking residents if the City should adopt an ordinance requiring homeowners to shovel sidewalks. The results strongly opposed that idea. Alderman Moreno explained that she felt as long as the CBD’s were shoveled and the other areas (where there is high foot traffic) were being cleared that was good enough. Alderman Newman raised the question if sidewalks should be plowed at all and at what point does the Committee reconsider that level of service. Director Thomas concluded that the City has a 110 miles of sidewalks. About half of them are being broomed down to bare concrete and the other half is being plowed; plowing leaves less than an inch of snow on the sidewalks VII.NEXT MEETING – January 4, 2016 – City Hall Chairman Waldeck explained that in addition to the regular Public works Committee meeting scheduled in January, a separate Winwood Meeting will also need to be scheduled. Director Thomas explained that it would be preferable to schedule the regular meeting during the first week of January. Chairman Waldeck explained that the Winwood meeting should be the following week. The Winwood meeting would be January 11 at the Municipal Services Building. VIII. ADJOURNMENT Chairman Waldeck moved to adjourn the meeting of the Public Works Committee at 6:02 p.m. Alderman Newman seconded the motion, which carried unanimously. Respectfully submitted, Jim Lockefeer Jr. Management Analyst REVIEW AND RECOMMENDATION TO CITY COUNCIL OF WINWOOD’S SANITARY SEWER PROJECT APPROACH: NOT PROCEED, SINGLE SSA, RECAPTURE, CODE AMENDMENTS Discussion on Sanitary Sewer Policy and Code Public Works Committee January 4, 2017 Current City Policy and Purpose of Tonight’s Discussion •It is the desire of the City of Lake Forest to maintain and extend sanitary sewer service to satisfy existing and future needs of the community •Code §150.384 •City’s Comprehensive Plan – Updated 1998 •Public Works Committee Discussions in March 2015 •Purpose of Tonight’s Discussion: Staff is seeking guidance from the Committee on how to proceed under the existing policy and Code as it relates to the Winwood Drive neighborhood, and the remaining areas of the City that do not have access to sanitary sewer. History of Sanitary Sewer Installations in Lake Forest •The City has been utilizing special assessments or special service areas to install sanitary sewers in non-sanitary sewer areas throughout the Community since 1922 •Since 1996; there have been seven (7) special service areas (SSA’s) that have installed sanitary sewers providing sewer access to 88 properties collectively •Public Works Committee revisited and affirmed the existing Policy and Code in March 2015 Total Properties with a Septic System Group/Category Description/Area Required to Connect Under Existing Code Total Properties Accessible Properties Properties are provided direct access to, and/or abut an existing public sanitary sewer Yes 60 Adjacent Properties Properties are located within 500 feet of an existing public sanitary sewer Yes 27 Isolated Properties Properties are not located within 500 feet of an existing public sanitary sewer No 28 (21 of them are located in the Winwood Drive neighborhood) Total 115 Properties Current Winwood Drive Concerns •Eight (8) properties have cross-connections to the City’s storm sewer. Pollutants (fecal coliform) were found in storm water samples that were collected and tested by Public Works’ Water & Sewer Section for effluent “downstream” from Winwood Drive. •There are seven (7) accessible or adjacent properties (within 500’ of a sanitary sewer) that are not connected to sanitary sewer. Confirmed Overflow Connections to Storm Sewer Property with Septic System Confirmed Septic System Overflow Cross Connection to Storm Sewer Current Accessible or Adjacent Properties (w/n 500’ of sanitary sewer) Property with Septic System Properties located within 500’ of Existing Sanitary Sewer (Accessible and/or Adjacent properties) Location of Possible Sanitary Sewer Extension Phased Approach to Adjacent and Accessible Properties 1 2 3 4 Potential Approaches for Winwood Drive Option 1 – Do Nothing (Status Quo) Staff does not recommend this option based on past precedent and current issues concerning the Winwood Drive neighborhood Option 2 – Special Service Area (“SSA”) or “Pay over time” approach This approach is currently under investigation and has been proposed for the Winwood Drive neighborhood Option 3 – Recapture or “Pay Later” approach Option 4 – Clarify City Code to reflect future connection requirements A. For properties within 500’ of an existing sanitary sewer : Would require connection if: 1. Property has a confirmed cross connection to storm sewer and the septic system is in need of a major repair or replacement; or 2.There is demolition and new development on the site; or 3. An addition or alteration is proposed on the site that increases square footage of home by more than 1,000 sq. ft. B. For properties beyond 500’ of an existing sanitary sewer: A replacement septic system or repair permit may be issued under the following additional conditions: 1. Properties with confirmed cross connections to storm sewer would be required to disconnect from them; and 2.Property Owner would be required to provide a signed irrevocable consent letter supporting any future SSA project. Additional Considerations 1.Statement or covenant recorded against all accessible, adjacent, and isolated properties? 2.Economic hardship or unusual and compelling circumstance process for requesting exemptions from future requirements to connect 3.Permitting for repair, alteration, addition and/or replacement of septic systems in the City Committee Discussion & Questions How shall the City proceed with the pursuit of public sanitary sewer in the Winwood Drive neighborhood? 1.Do Nothing 2.Pursue a Special Service Area or “Pay over time” approach 3.Pursue a Recapture or “Pay later” approach 4.Clarify the City Code to reflect future sewer connection requirements 5.Other? Phased Approach to Adjacent and Accessible Properties 1 2 3 4 Financial Considerations Strategy Options Do Nothing1 Recapture SSA Code Amendments Project Costs - $1,373,327 $1,378,327 - Cost per lot (prepaid) - - $49,226 - 20-year cost per lot - $66,179 $66,420 - Annual Assessment per lot - - $3,321 - Average Additional Private Costs for Connection - $15,000 $15,000 - Potential Investment (2017) $500 $81,179 $18,321 $500 Over 25 Years $53,000 $85,000 $85,250 $53,000 Over 50 Years $68,000 $88,850 $89,100 $68,000 Over 75 Years $140,000 $92,750 $93,100 $140,000 Over 100 Years $155,000 $96,500 $96,750 $155,000 1Assumes Septic System will need to be replaced twice over next 100 years REVIEW AND RECOMMEDNATION TO CITY COUNCIL OF WINWOOD SANITARY COST CONSIDERATIONS: COMPLETE RESURFACING OR SPOT ASPHALT PATCHING WINWOOD SANITARY COST CONSIDERATIONS: COMPLETE RESURFACING OR SPOT ASPHALT PATCHING Public Works Committee January 4, 2017 Winwood SSA – Cost Considerations Street Resurfacing Options for Winwood Drive Option Patching Costs Resurfacing Costs Total Option A – Patch Only $40,000 $0 $40,000 Option B – Patch & Resurface $40,000 $88,000 $128,000 Resurfacing vs. Patching Total Patching & Resurfacing Costs Based on Engineering Estimate of Probable Costs dated 9-14-16 Item # Description Qty. (Unit) $/Unit Total COSTS UNDER OPTION A: Resurfacing - Private Drive 10 Hot-Mix Asphalt Binder Course 123 $85.00 $10,455.00 11 Hot-Mix Asphalt Surface Course 245 $95.00 $23,275.00 12 Hot-Mix Asphalt Surface Removal (3”) 2,145 $7.50 $16,087.50 $49,817.50 Patching – Winwood Drive 25 Class D Patches 360 $110.00 $39,600.00 Subtotal for Option A $89,417.50 ADDITIONAL COST WITH OPTION B: Resurfacing - Winwood Drive 10 Hot-Mix Asphalt Binder Course 217 $85.00 $18,445.00 11 Hot-Mix Asphalt Surface Course 435 $95.00 $41,325.00 12 Hot-Mix Asphalt Surface Removal (3”) 3,800 $7.50 $28,500.00 Subtotal for Option B $88,270.00 Total for Options A + B $177,687.50 Resurfacing vs. Patching Private Drive (2,145 sq. yd.): Patch & Resurface: $50,000 (Included in Project) Public Street (3,800 sq. yd.): Patch & Resurface: $128,000 Patch Only: $40,000 Project Area (SSA) Potential Winwood Drive Resurfacing Impact on Special Assessment Cost Item No Resurfacing With Resurfacing Administrative, Legal and Easement Acquisition Fees $12,000 $12,000 Design engineering (Phase I-II) $37,500 $37,500 Construction Engineering (Phase III) $81,000 $81,000 Construction $1,029,570 $1,117,570 Construction Contingency $101,575 $110,257 City of Lake Forest Permit Fee ($825 + $1/ln. ft.) $0 (Paid by Owner at time of Connection $0 (Paid by Owner at time of Connection NSWRD Connection Fee ($3,248) NSWRD Annexation Fee – N/A $0 $0 Bond Issuance Expenses $20,000 $20,000 Total Project Cost Estimate $1,281,645 $1,378,327 Total Cost Per Lot (if Pre-Paid) $45,773 $49,226 Total Cost Per Lot (with Financing) $61,761 $66,420 Annual Cost Per Lot $3,089 $3,321 Patching vs. Resurfacing Recommendation •Options to consider: 1.Both patching and resurfacing expense included in SSA cost (estimated at $128,000) 2.Only patching expense included in SSA cost (estimated at $40,000) 3.If Winwood Drive is to be resurfaced, how will it be paid for? Questions REVIEW AND RECOMMEDNATION TO CITY COUNCIL OF A HARDSHIP WAIVER PROCESS FOR THE SANITARY SEWER ORDINANCE (Please note material will be sent under a separate cover) UPDATE ON SECURING THE WINWOOD SANITARY SEWER PROJECT EASEMENTS (No Attachments - Verbal Report Only) REVIEW AND RECOMMENDATION TO CITY COUNCIL OF THE CONSTRUCTION ENGINEERING AGREEMENT FOR INTERIOR WORK AT THE EAST SIDE TRAIN STATION MEMORANDUM THE CITY OF LAKE FOREST OFFICE OF THE CITY MANAGER Page 1 TO: Chair Catherine Waldeck and members of the Public Works Committee CC: Michael Thomas, Director of Public Works FROM: Mike Strong, Assistant to the City Manager DATE: December 30, 2016 SUBJECT: Construction Engineering Agreement for Interior Improvements at East Train Station PURPOSE AND ACTION REQUESTED: Staff is requesting approval of a resolution committing to the expenditure of City funds for the interior renovation of the Lake Forest Metra Station – Union Pacific North Line facility main depot building 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 Illinois Department of Transportation (“IDOT”) for this stage of the project. BACKGROUND/DISCUSSION: The City has received ITEP grants, administered by IDOT, totaling over $2.07 million for this project. The ITEP grant program offers an 80/20 grant, meaning the City is reimbursed 80% for every dollar that is spent on projects funded by the program. In addition to these funds, the City and Metra will have contributed a combined total of roughly $764,000 to the project when it is complete. Due to the costs associated with the work, the City has opted to complete the Project in separate stages, as outlined below: Stage 1 – Restoration of the roof consistent with the original design of the train station, to include slate, restoration of dormers, and hipped roof elements, and removal of non- architecturally significant features. Stage 2 – Restoration and repair of the exterior wood and stucco, and masonry. Stage 3 – Interior renovation of restrooms, new tile flooring, fire protection, minor electrical and mechanical upgrades, and other commuter comfort and station enhancements. The first two stages of the Project have been completed, with the roof replaced in 2012, and the exterior restoration finished this past fall. In October 2015, the City entered into a contract with Alfred Benesch & Company/Legat Architects to complete the Phase II design engineering services for the final stage of this Project. Based on the pre-final design cost estimates provided earlier this summer, and a forecasted remaining grant balance of $285,781 in ITEP funds, staff realized there would be a roughly $160,000 shortfall to fund all of the interior improvements that were desired. Therefore, Page 2 the scope of work for the interior improvements will include the relocation and expansion of restroom facilities in the general area of the tenant space on the south end of the building. Final bid documents for this scope of work are in the process of being reviewed by IDOT and the Federal Highway Administration (FHWA), and are planned to be posted in early February 2017, with a bid letting date of March 10, 2017. BUDGET/FISCAL IMPACT: Similar to the recent exterior improvements that were completed, IDOT requires an engineer that is certified in IDOT documentation to perform Phase III construction engineering for ITEP funded projects. The City has received two proposals for the Phase III construction engineering for this project; from firms that have personnel that are certified in IDOT documentation; and of which are included below: Firm Total Proposal Amount Alfred Benesch & Company $71,419.10 GeWalt Hamilton Associates $64,799.33 Per section 9.0-K of the City’s purchasing directive, staff is requesting waiving the formal request for proposal and evaluation process. With the Phase III construction engineering being performed by GeWalt Hamilton during the previous stage of this project, they are very familiar with the construction oversight and documentation that is required for this type of a project. To this end, based on their experience and cost proposal, staff is requesting that City Council Acknowledge the exception noted in Section 9.0 K of the City’s Purchasing Directive and approve an agreement with GeWalt Hamilton Associates for the Phase III construction engineering services for this project in the amount of $64,799.33. As stated, the City will be required to pay the full expenditures for the work, and will receive reimbursement for 80% of the authorized construction and phase III construction engineering costs for this project. The current estimate for the construction and Phase III engineering is $332,075. The current estimated City share (20%) share is $66,415. These amounts may change depending on the actual bids received; so staff is requesting a 10% contingency to be added bringing the approval amounts to $292,226 and $73,057. Below is an estimated summary of the Project budget: FY2017 Funding Source Account Number Amount Budgeted Amount Requested Budgeted? Y/N FY18 – Capital Fund 311-0060-419-77-17 $422,851 $365,283 Yes Pursuant to the grant program cost share, the resolution certifies that the City has authorized the expenditure of funds for its 20% contribution. The Local Agency Agreement for Federal Participation is a standard agreement between the City and IDOT that stipulates the division of cost (80/20) and general conditions for the use of federal grant funds. City staff will be present at the November 14, 2016, Finance Committee meeting to answer any questions. If modifications are requested, staff will revise for consideration at a future meeting. Page 1 of 8 BLR 05611 (Rev. 11/21/13) Printed on 11/23/2016 1:35:31 PM Local Agency City of Lake Forest County Lake Section 11-00090-02-SM Project No. TE-01D1(024) Job No. C-91-070-16 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/847.821.6233 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 UP North Line Route Length Structure No. Termini Description: Interior building renovation/restoration. 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. Page 2 of 8 BLR 05611 (Rev. 11/21/13) Printed on 11/23/2016 1:35:31 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; Page 3 of 8 BLR 05611 (Rev. 11/21/13) Printed on 11/23/2016 1:35:31 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 Page 4 of 8 BLR 05611 (Rev. 11/21/13) Printed on 11/23/2016 1:35:31 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: W ith 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. W ithout 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. Page 5 of 8 BLR 05611 (Rev. 11/21/13) Printed on 11/23/2016 1:35:31 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. Page 6 of 8 BLR 05611 (Rev. 11/21/13) Printed on 11/23/2016 1:35:31 PM Agreement Summary Prime Consultant: TIN Number Agreement Amount Gewalt Hamilton Associates, Inc. 36-3426053 $37,379.33 Sub-Consultants: TIN Number Agreement Amount Landmark Development Company 36-4149581 $27,420.00 Sub-Consultant Total: $27,420.00 Prime Consultant Total: $37,379.33 Total for all Work: $64,799.33 Executed by the LA: City of Lake Forest (Municipality/Township/County) ATTEST: By: By: Clerk Title: (SEAL) Executed by the ENGINEER: ATTEST: By: By: Title: Title: L A K E F O R E S T L A N D M A R K D E V E L O P M E N T C O M P A N Y A R C H I T E C T U R E C O N S T R U C T I O N D E V E L O P M E N T 2 7 2 E A S T D E E R P A T H L A K E F O R E S T , I L T E L E P H O N E : 8 4 7 . 6 1 5 . 0 6 3 7 F A X : 8 4 7 . 6 1 5 . 9 1 1 6 Proposal for Construction Administration Services for Lake Forest Metra UP North Line Commuter Station Page 1 of 2 PROJECT DESCRIPTION: Proposal for Construction Administration Services For The Lake Forest Metra UP North Line Commuter Station Interior Renovations/ Restoration Project LAKE FOREST, IL November 21, 2016 Mr. Dan Strahan, P.E., CFM Gewalt Hamilton Associates, Inc. 625 Forest Edge Drive Vernon Hills, IL 60061 RE: Proposal for Construction Administration Services Lake Forest Metra UP North Line Commuter Station Stage III Interior Renovations Section # 11-00090-02-SM Project # TE-01D1(024) Job No. D-91-070-16 Dear Dan; Thank you for the opportunity to submit a proposal for Construction Administration Services for the Lake Forest Metra UP North Line Commuter Station Interior Renovations/ Restoration Project . Based on our meeting, we understand you are interested in the following scope of work: SCOPE OF WORK The Construction Documents were prepared for the City of Lake Forest by Legat Architects. It is our understanding that the project will be funded through the Illinois Department of Transportation (IDOT) which has specific procedural requirements. Gewalt Hamilton Associates Inc., (GHA) will be the project lead and will be responsible for the performance of the engineering services for the City of Lake Forest in connection with the Lake Forest Metra UP North Line Commuter Station Interior Renovations/ Restoration Project. Lake Forest Landmark Development (LFLD) will be responsible for the technical aspects of the construction administration services, while GHA will generally be responsible for the project management, documentation, and coordination with IDOT. Lake Forest Landmark Development’s services will include periodic on site observation of the work as well as review and approval of shop drawings, material submittals, review and approval of mock ups, responses to RFI’s, etc. In addition, we will attend weekly construction meetings on site. It is anticipated that the project may take up to 16 weeks and our fee has been developed accordingly. Based on the scope of services noted above and the personnel hour calculations attached below, we propose billing on a time and material basis with an approximate total of $27,420 (Twenty Seven Thousand Four Hundred L A K E F O R E S T L A N D M A R K D E V E L O P M E N T C O M P A N Y A R C H I T E C T U R E C O N S T R U C T I O N D E V E L O P M E N T 2 7 2 E A S T D E E R P A T H L A K E F O R E S T , I L T E L E P H O N E : 8 4 7 . 6 1 5 . 0 6 3 7 F A X : 8 4 7 . 6 1 5 . 9 1 1 6 Proposal for Construction Administration Services for Lake Forest Metra UP North Line Commuter Station Page 2 of 2 Twenty Dollars). Should the scope of work exceed these assumptions or if the construction schedule is extended, Lake Forest Landmark Development will request a modification to this agreement. Lake Forest Landmark Development’s TIN is 36-4149581. PROJECT FEES NAME HOURS RATE FEE Principal 150 $170.00/hour $25,500.00 Reimbursable Expenses 16 wks. @ $120.00 $1,920.00 Total Fee $27,420.00 Other items of work not specifically addressed here shall be billed according to the current hourly rate. We estimate about 8 hours of work per week with project duration of 16 weeks, plus time for review of initial submittal and project coordination. Reimbursable expenses incurred for the project are in addition to the basic compensation and additional services and include expenses incurred by the Architect and employees in the interest of the Project, including but not limited to reproduction (blueprints), CADD plotting, models, copies, postage, photos, transportation, fuel, renderings or mock-ups. Reimbursable expenses will be billed without mark up for the amounts incurred by the Architect directly to GHA. We understand you have a very tight time frame to complete the work and will do our best to be available upon request for meetings and site visits to expedite the process. If you have any questions please feel free to contact me at 847/812-9907. Respectfully submitted, L A K E F O R E S T L A N D M A R K D E V E L O P M E N T C O M P A N Y Kristine Boyaris, Principal November 23, 2016 GHA Proposal No. 2016.CS112 Page 1 of 5 Exhibit A City of Lake Forest Phase III – Construction Engineering Services Lake Forest Metra UP North Line Commuter Station Interior Renovation/Restoration Section #: 11-00090-02-SM Project #: TE-01D1(024) Job #: C-91-070-16 GHA Proposal No. 2016.CS112 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 interior renovation and restoration of the Metra UP Commuter Station, located at 691 North Western Avenue. The scope of work will include interior construction as needed to construct restroom facilities in accordance with plans prepared by Legat Architects. GHA proposes to provide construction engineering services for this federally funded project. Landmark Development Company 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. Landmark Development Company 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. Landmark Development Company will provide periodic observation of materials installed by the contractor. Landmark Development Company 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. Landmark Development Company will attend the weekly progress meetings. 6. GHA & Landmark Development Company 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 Landmark Development Company. November 23, 2016 GHA Proposal No. 2016.CS112 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 16-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 $64,799.33. 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 $850.00 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 November 23, 2016 GHA Proposal No. 2016.CS112 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 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. November 23, 2016 GHA Proposal No. 2016.CS112 Page 4 of 5 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, 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. November 23, 2016 GHA Proposal No. 2016.CS112 Page 5 of 5 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. Exhibit B COST ESTIMATE OF CONSULTANT SERVICES FIRM Gewalt Hamilton Associates DATE PTB OVERHEAD RATE 1.7 PRIME/SUPPLEMENT Prime COMPLEXITY FACTOR 0 DBE OVERHEAD IN-HOUSE Outside SERVICES DROP ITEM MANHOURS PAYROLL &DIRECT FIXED Direct BY DBE TOTAL BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL (A)(B)( C )(D)(E)(F)(G)(H)(B-G) Project Coordination & Documentation 40 1,736.20 2,951.54 679.72 5,367.46 Construction Observation & Documentation 320 10,354.80 17,603.16 4,053.90 32,011.86 Subconsultant DL 0.00 0.00 TOTALS 360 12,091.00 20,554.70 0.00 4,733.63 0.00 0.00 0.00 37,379.33 DBE COST PLUS FIXED FEE PREPARED BY THE AGREEMENTS UNIT Printed 11/23/2016 1:34 PM Exhibit C City of Lake Forest Phase III – Construction Engineering Services Lake Forest Metra UP North Line Commuter Station Interior Renovation/Restoration Section #: 11-00090-02-SM Project #: TE-01D1(024) Job #: C-91-070-16 GHA Proposal No. 2016.CS112 Direct Cost Estimate Estimated Expenses: Printing Expenses Estimated at: = $250.00 Vehicle Expense Estimated at: 1200 miles at $0.50/mile = $600.00 Direct Cost Estimate Total = $850.00 Construction Documents 0 Full Size Plans - 23 sheets x 4 sets x 6sf/sheet x $0.25/sf $138 Half Size Plans - 23 sheets x 4 sets x 2sf/sheet x$0.25/sf $46 Misc. Shipping Costs $66 Printed 12/30/2016 Page 1 of 5 BLR 05310 (Rev. 09/03/15) Local Public Agency City of Lake Forest State Contract Day Labor Local Contract X RR Force Account Local Public Agency Agreement for Federal Participation Section 11-00090-02-SM Fund Type ITEP ITEP, SRTS, or HSIP Number(s) 120122 Construction Engineering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number C-91-070-16 TE-01D1(025) This Agreement is made and entered into between the above local public agency, hereinafter referred to as the “LPA”, and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LPA 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 LPA, 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 Metra UP North Line Commuter Station Route n/a Length n/a Termini Metra UP North Line Current Jurisdiction LPA TIP Number 10-11-0019 Existing Structure No n/a Project Description Stage III renovation of the interior of the Lake Forest Metra Commuter Station, UP North LIne Division of Cost Type of Work ITEP % % LPA % Total Participating Construction 226,247 ( * ) ( ) 432,843 ( BAL ) 659,090 Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering 24,431 ( * ) ( ) 40,368 ( BAL ) 64,799 Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 250,678 $ $ 473,211 $ 723,889 *Maximum FHWA (ITEP) participation 80% not to exceed $250,678.00. NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA 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 Public Agency Appropriation By execution of this Agreement, the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum (required for State-let contracts only) Method of Financing (State Contract Work Only) METHOD A---Lump Sum (80% of LPA Obligation) METHOD B--- Monthly Payments of due by the of each successive month. METHOD C---LPA’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) Printed 12/30/2016 Page 2 of 5 BLR 05310 (Rev. 09/03/15) Agreement Provisions THE LPA 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 LPA 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 LPA, and the 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 the 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 final project close-out by the STATE, 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 LPA agrees to cooperate fully with any audit conducted by the Auditor General and the STATE; 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 LPA will pay to the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA’s estimated obligation incurred under this Agreement. The LPA will pay to the STATE the remainder of the LPA’s obligation (including any nonparticipating costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based on final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LPA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LPA’s estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LPA’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 subseque nt progressive bills for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA’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 LPA on this or any other contract. The STATE, at its sole option, upon notice to the LPA, may place the debt into the Illinois Comptroller’s Offset System (15 ILCS 405/10.05) or take such other and further action as my be required to recover the debt. (11) (Local Contracts or Day Labor) 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 the project is federally authorized, the LPA 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 the project is federally authorized, the LPA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed 12/30/2016 Page 3 of 5 BLR 05310 (Rev. 09/03/15) (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 commencem ent 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 tra ffic signals should also be coordinated with the IDOT’s District Bureau of Operations. The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/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 shall be 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 agains t them for commission of fraud or a criminal offense in connection with obtaining, attem pting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes o r commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen prop erty; (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 transact ions (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 LPA’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 LPA’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 modifica tion 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 emplo yee 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 LPA 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 ag reements) 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) To complete this phase of the project within three (3) 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 $1,000,00 0). (23) To comply with the federal Financial Integrity Review and Evaluation (FIRE) program, which requires States and subrecipients to justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization date. Subsequent invoices will be submitted in intervals not to exceed six (6) months. (24) The LPA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report, and personnel and direct cost summaries.and other documentation supporting the requested reimbursement amount (Form BLRS 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. Printed 12/30/2016 Page 4 of 5 BLR 05310 (Rev. 09/03/15) The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of this phase of the improvement or from the date of the previous invoice, which ever occurs first. If a final invoice is not received within this time frame, the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) The LPA shall provide the final report to the appropriate STATE district within twelve months of the physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result in the immediate close-out of the project and loss of further funding. (26) (Single Audit Requirements) That if the LPA expends $750,000 or more a year in federal financial assistance they shall have an audit made in accordance with 2 CFR 200. LPAs expending less than $750,000 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 LPA’s fiscal year. The CFDA number for all highway planning and construction activities is 20.205. Federal funds utilized for constructon activities on projects l et and awarded by the STATE (denoted by an “X” in the State Contract field at the top of page 1) are not included in a LPA’s calculation of federal funds expended by the LPA for Single Audit purposes. (27) That the LPA 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 LPA is also required to obtain a Dun & Bradstreet (D&B) D-U-N-S Number. This is a unique nine digit number required to identify subrecipients of federal funding. A D-U-N-S number can be obtained at the following website: http://fedgov.dnb.com/webform. 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 LPA’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 p lans 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 LPA to proceed with the construction of the improvement when Agreed Unit Prices are approved, and to reimburse the LPA 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) For agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LPA 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 LPA; (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 and federal Buy America provisions. (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 within one (1) year 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 LPA, the LPA 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 LPA 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 LPA’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 STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for Printed 12/30/2016 Page 5 of 5 BLR 05310 (Rev. 09/03/15) 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 LPA 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 LPA, 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. 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 – LPA Appropriation Resolution (Insert Addendum numbers and titles as applicable) The LPA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all Addenda indicated above. APPROVED APPROVED Local Public Agency State of Illinois Department of Transportation Donald P. Schoenheider Name of Official (Print or Type Name) Randall S. Blankenhorn, 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 William M. Barnes, Chief Counsel Date 36-6005960 conducting business as a Governmental Entity. DUNS Number 070160429 Jeff Heck, Chief Fiscal Officer (CFO) Date NOTE: If the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. City of Lake Forest Location: Lake Forest Metra Station UP North Line Section No.: 11-00090-02-SM Project No.: TE-01D1(025) Job No.: C91-070-16 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 Three Hundred Sixty-Five Thousand Two Hundred Eighty Three dollars, ($265,283.00), or as much may be needed to match federal funds in the completion of Section Number 11-00090-02- 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 17th day of JANUARY , 2017 , at The City of Lake Forest, Illinois. Mayor ATTEST: City Clerk