PUBLIC WORKS COMMITTEE 2016/01/27 PacketPUBLIC WORKS COMMITTEE MEETING
WEDNESDAY, JANUARY 27, 2016 – 6:00 P.M.
MUNICIPAL SERVICES BUILDING – TRAINING ROOM
AGENDA
I. ROLL CALL/CALL TO ORDER
Cathy Waldeck, Chairman
Stanford Tack
Michelle Moreno
Timothy Newman
II. APPROVAL OF THE NOVEMBER 16, 2015 PUBLIC WORKS COMMITTEE MEETING
MINUTES
III. REQUEST TO USE NON-BUDGETED DOLLARS TO REPAIR PORTIONS OF THE COMPOST
CENTER’S ASPHALTED FRONT DROP-OFF AREA – MICHAEL THOMAS
IV. REQUEST APPROVAL FOR DESIGN SERVICES FOR THE F.Y. ’18 WEST FORK &
HACKBERRY STORM SEWER PROJECT – BOB ELLS
V. REQUEST APPROVAL FOR CITY ENGINEER SERVICES FOR F.Y.’17-F.Y. ’19 – BOB ELLS
VI. REQUEST FOR THE COMMITTEE’S RECOMMENDATION TO CITY COUNCIL FOR THE
FOLLOWING WATER PLANT PROJECT ITEMS – MICHAEL THOMAS & BRIAN
HACKMAN, P.E., STRAND ASSOCIATES
MEMBRANE MANUFACTURER SELECTION
DESIGN AGREEMENT WITH STRAND ASSOCIATES
INCORPORATE POTENTIAL CONSTRUCTION TIMELINE SAVINGS
11.4 MGD VERSUS 14 MGD PLANT SIZE
VII. NEXT MEETING – TUESDAY, FEBRUARY 16, 2016 – 5:00 P.M. AT CITY HALL
VIII. ADJOURNMENT
PUBLIC WORKS COMMITTEE MEETING
MONDAY, NOVEMBER 16, 2015 – 5:00 P.M.
CITY HALL – COUNCIL CHAMBERS CONFERENCE ROOM
MINUTES
I. ROLL CALL/CALL TO ORDER
Chairman Cathy Waldeck called the meeting to order at 5:00 p.m. Aldermen
Stanford Tack, Timothy Newman, and Michelle Moreno were present.
Staff in attendance included Michael Thomas, Director of Public Works; Bob Ells,
Superintendent of Engineering; Bob Kiely, City Manager; Jim Held, Chief of
Police; Karl Waldorf, Deputy Chief of Police; Mike Strong, Assistant to the City
Manager; Dave DeMarco, Fleet Supervisor; and Becky Pocasangre,
Administrative Assistant.
Also in attendance was Carl DiTomasso, DiTomasso Excavating, LTD.
II. APPROVAL OF THE OCTOBER 5, 2015 PUBLIC WORKS COMMITTEE MEETING MINUTES
Chairman Waldeck moved to approve the October 5, 2015 Public Works
Committee meeting minutes. Alderman Moreno seconded the motion, which
carried unanimously.
III. REVIEW AND APPROVAL OF A PROPOSAL TO USE CITY LAND AT THE COMPOST
CENTER IN EXCHANGE FOR SERVICES PROVIDED TO THE CITY
Director Thomas stated that in the winter of 2008 the Public Works and Parks &
Forestry Departments had a total of 109 employees, currently there are 77
employees. He stated that both seasonal and full-time positions have been
reduced over recent years. He noted that the law only allows seasonal
employees to work nine months out of the year, as opposed to in the past when
they worked eleven months out of the year. As a result, he stated that the City
has to be creative with the Snow Program to make up for the shortage of
employees. Currently the City utilizes a Snowbird Program which consists of both
CDL and Non CDL drivers that use the City’s equipment, a Night Crew that
provides coverage seven days a week during the winter months and works from
midnight to 8 am doing CBD Hauling on straight time, and City building sidewalk
shoveling is contracted out. The City no longer has access to the old Municipal
Services Facility on Laurel to dump the snow from the CBD and the City parking
lots, so the Compost Center will now be used for snow storage. Carl DiTomasso
reached out to Michael Thomas about using land at the Compost Center for
grinding stone and staging his equipment in exchange for assisting with the Snow
Program. Mr. DiTomasso has all the equipment needed for snow hauling, so his
team could stack the hauled snow at the Compost Center, to help maximize
storage space. Currently the City uses its own employees and equipment as well
as contracts out hauling with various private trucking firms. Also as part of the
proposed agreement, the City will be able to use the final product DiTomasso
Public Works Committee Meeting – November 16, 2015
Page 2 of 5
makes (CA-6 stone) for various maintenance jobs throughout the City. The City
currently purchases CA-6 Stone from Vulcan for approximately $12,000 a year.
Therefore the City would be saving money from the snow operations as well as
from the stone that Mr. DiTomasso will be providing. The proposed agreement is
for a five year time period. I f the arrangement works well, the City can extend
the agreement for an additional five years. Chair Waldeck asked for clarification
of what the crushed asphalt is used for and if the asphalt grinding would cause
an issue with residents in regards to noise. Director Thomas replied that the City
uses ground up asphalt for road edge on roads with no curbs as well as areas
that require fill and will be used for storage. He added that P. Clifford Miller
currently grinds yard waste at the Compost Center and the stone / asphalt that
DiTomasso will use will not make any more noise than P. Clifford Miller’s machine.
Mr. DiTomasso added that this is a side part of his business and he liked the
possibility of operating out of the Compost Center because it’s gated. Alderman
Moreno asked if the asphalt crushing is seasonal. Mr. DiTomasso replied that
during the winter it’s too cold for the equipment to operate so the grinding
operation will most likely occur during the spring, summer, and fall unless the City
has a significantly mild winter. Michael Thomas added that the area Mr.
DiTomasso would be using at the Compost Center is east of the storage shed in
the far back of the property.
Chairman Waldeck asked if there is any liability in having Mr. DiTomasso use a
City owned site. City Manager Kiely said that the City will work with the City
Attorney to address such concerns in the proposed agreement. Mr. DiTomasso
replied that he believes this would fall under his liability as a sub-contractor.
Chairman Waldeck added that she believes this is a creative use of City property
that is not being used and benefits both parties.
The Committee approved bringing the Proposal to Use City Land at the Compost
Center in Exchange for Services provided to the City, to City Council on
December 7, 2015 for final approval.
IV. REVIEW AND APPROVAL OF THE PROPOSED F.Y. 2017 CAPITAL EQUIPMENT
Michael Thomas, Director of Public Works gave an overview of the current fleet
of vehicles. He stated that the City has 250 pieces of rolling stock and 150 pieces
of other equipment (e.g. snow plows, spreader, mower decks, dump bodies,
etc.) All of the equipment is maintained by four mechanics, one parts specialist,
and a Supervisor. Director Thomas noted that included in the packet was both a
ten year replacement schedule as well as capital equipment replacement
sheets that specifically review each of the proposed piece of equipment
requested to be replaced in F.Y. ’17.
He noted that the used Police Department vehicles are given to Community
Development, Engineering, or other departments in need of vehicles, as annual
Police vehicles are replaced. As far as Police vehicles for F.Y. ’17, Director
Thomas stated that the new Chevrolet Police Package Tahoe costs more than
what the City has budgeted and as of December 10, 2015, the police package
Public Works Committee Meeting – November 16, 2015
Page 3 of 5
is no longer available on the Chevrolet Impalas. Chairman Waldeck asked if
staff plans to stick with the Ford 4WD Interceptor (Explorer) in the future. Dave
DeMarco, Fleet Supervisor stated that it would be easiest for Fleet Maintenance if
all vehicles could be the same make and model, however with this specific
situation, he doesn’t see the City currently having any other option than to go
with the Ford Interceptors Explorers. Director Thomas stated that consistency is
key for mechanics, when possible, and he recommends that the City purchase
the extended warranty on the Police Explorers if possible, seeing that they are a
relatively new product. Jim Held, Chief of Police stated that he is not opposed to
Chevrolets, however there is nothing available to compete with Ford, at this
time. Chief Held added that the officers like the Explorers from both a comfort
and handling standpoint. Chairman Waldeck asked if staff’s goal is to try and
convert all of the marked police vehicles to SUV’s. Chief Held replied that as
long as gas continues to be inexpensive and the vehicles can last as long as the
Impalas, than he believes it is the best bet for the Department. He added that
officers prefer not to have rear wheel drive vehicles because of driving in the
winter. He noted that the Ford Taurus works well for investigators but not for
patrol officers. Fleet Supervisor DeMarco added that police packages are not
available for Chevrolet SUV’s such as the Equinox. Chief Held added that staff is
trying to eliminate larger vehicles such as the Tahoe’s. Director Thomas stated
that a majority of the11 marked police vehicles are mid-size and large SUV’s.
There is also an Audi used as an unmarked vehicle, which was seized from a
burglary. Alderman Moreno asked what the Police Fleet’s typical replacement
schedules are. Director Thomas replied that it’s typically two plus years for a
marked vehicle and six or seven years for an unmarked vehicle.
In addition to the Police vehicles to be replaced in F.Y. ’17, Director Thomas
noted that staff requested the purchase of eight “old style” Cushman Refuse
Scooters, for next year. There is now a new style of refuse scooter that, as
configured will not work for the City refuse collection operations. Director
Thomas noted that the old style refuse scooters will no longer be made as of
January 1, 2016. However, he noted that the factory is currently assembling thirty
of the old style refuse scooters for long time customers to purchase. Therefore
Director Thomas is requesting to purchase eight of the old style refuse scooters
while there are still some available.
Alderman Newman asked for information regarding the golf course mowers that
are up for replacement. Director Thomas replied that Chuck Myers,
Superintendent of Parks & Forestry and Rick Waldraff from Kemper worked out
which pieces of equipment need to be replaced at Deerpath Golf Course.
Director Thomas stated that those pieces will be specified, bid, and brought to
City Council for their approval similar to equipment in all of the other funds.
Alderman Moreno moved to approve the vehicles and equipment contained in
the Proposed F.Y. 2017 Capital Equipment. Chairman Waldeck seconded the
motion, which carried unanimously.
Public Works Committee Meeting – November 16, 2015
Page 4 of 5
V. REVIEW OF THE EAST SIDE TRAIN STATION’S INTERIOR PROJECT CONSTRUCTION
MANAGEMENT PROPOSAL
Mike Strong stated that IDOT approved the bid for the exterior improvement to
the east side train station with Mag Construction. He stated that he is working
with the project engineer to set up a pre-construction meeting before the end of
the year to keep the project moving forward. He stated that the schedule is on
track and work should begin on or about March 15, 2016. With regards to the
proposed interior work, Legat Architects is currently working on 30% design
drawings. The plan is to increase the capacity of the public restrooms and make
the facility ADA compliant. Mr. Strong stated that he will have more information
to update the Committee with after the Metra/UP meeting. He further noted
that as of now, there has been a lot of support of the preliminary design. The
Preservation Foundation has been pleased with the design so far. He stated that
if all goes well with the station’s exterior work, more funds would be available for
interior work.
Alderman Moreno asked why scaffolding is not set to start until March. Director
Thomas replied that work can’t begin when the weather is cold. Staff will use the
winter to plan the project and receive all of the approvals from the historic
architect overseeing the project, so when the weather breaks, work can begin.
Director Thomas stated that staff will have a better timeline on the exterior work
and a more precise budget on the proposed interior work once the tuck-
pointing and painting begins.
VI. OTHER ITEMS
Superintendent Ells stated that staff’s resurfacing proposal provided to the
Finance Committee at their budget meeting in November, included a portion of
Sheridan Road. However, the City has been notified that the U.S. Army is moving
forward with their project to remove all of the debris from the landfill located
near and throughout the McCormick Ravine. As a result an estimated 2,000
trucks will be hauling debris up to Zion and will return with clean clay as fill. This
will result in approximately 4,000 truckloads of material using that portion of
Sheridan Road that was proposed to be resurfaced. As a result, staff is proposing
to resurface the impacted stretch of Sheridan Road in F.Y. ’18 versus F.Y. ’17.
Hauling of the material will occur from June through September of 2016. He
noted that per City ordinance, the U.S. Army will be required to pay the
approximate $83,000 road impact fee
VII. OPPORTUNITY FOR PUBLIC COMMENT
None
VIII. NEXT MEETING – SPECIAL PUBLIC WORKS COMMITTEE MEETING – WEDNESDAY,
JANUARY 27, 2016 – 6:00 P.M. AT MUNICIPAL SERVICES
Public Works Committee Meeting – November 16, 2015
Page 5 of 5
IX. ADJOURNMENT
Chairman Waldeck moved to adjourn the meeting of the Public Works
Committee at 6:07 p.m. Alderman Moreno seconded the motion, which carried
unanimously.
Respectfully submitted,
Becky Pocasangre
Administrative Assistant
Lake Forest Compost Center
January 13, 2016
Mr. Robert Ells
Engineering Supervisor
City of Lake Forest
800 North Field Drive
Lake Forest, IL 60045
Subject: City of Lake Forest – West Fork and Hackberry Drainage Improvements
Dear Mr. Ells:
In March 2013, Baxter & Woodman was retained by the City to perform an analysis of the City’s
drainage system. The study was completed in November 2014 with recommendations for drainage
improvements in ten critical areas throughout the City. Of the recommended improvements, the
highest priority improvements were located in southwestern Lake Forest, in the vicinity of West Fork
Drive and Hackberry Lane. Given our familiarity with the existing drainage problem in this area and
our expertise in designing drainage improvements for municipalities throughout northeast Illinois,
we are pleased to provide you with this proposal for the design and solicitation of construction bids
from qualified contractors.
Scope of Services
The following outlines our proposed scope of services.
1. PROJECT MANAGEMENT
Plan, schedule, and control activities to complete the Project. These activities include, but are
not limited to, budget, schedule, and scope. Submit a monthly status report via email
describing tasks completed the previous month and outlining goals for the subsequent
month.
2. TOPOGRAPHIC SURVEY
Perform topographic survey of natural and man-made features within the Project limits and
at 50-foot intervals including driveways and cross streets to develop base sheets for Project
drawings. The Project limits are considered to be:
o The West Fork Drive right-of-way from Hackberry Lane to Farm Road;
o The Farm Road right-of-way from a point approximately 600 feet west of Wilson
Drive to Wilson Drive;
o The Wilson Drive right-of-way from Farm Road to Bowling Green Drive; and
Mr. Robert Ells January 13, 2016
City of Lake Forest 151130.40 Page 2
o The Bowling Green Drive right-of-way from Wilson Drive to a point approximately
200 feet east of Ranch Road.
State plane coordinates and NAVD 88 will be used for horizontal and vertical controls,
respectively.
Field locate existing property boundary markers within the Project limits.
It is anticipated the topographic survey will not require Prevailing Wage for Survey Workers
to be paid to technicians performing the work. In the event it is determined the topographic
survey is covered work under the Illinois Prevailing Wage Act (820 ILCS 130), Baxter &
Woodman, Inc. will negotiate with the City to determine an equitable increase in
compensation to meet the requirements of the Act.
3. UTILITY LOCATES
Complete a Design Stage Request with JULIE, which consists of obtaining names and
telephone numbers of utilities located within the work area.
Contact utilities, obtain atlases where available, and provide preliminary Drawings to utility
companies for their markup and return.
If utility relocates are found to be needed due to conflict with a proposed pipeline, work with
utility company engineers to provide information and assistance as needed.
4. GEOTECHNICAL INVESTIGATION AND PAVEMENT CORES
Arrange for a geotechnical sub-consultant to perform up to three (3) soil borings, collect and
analyze soil samples, determine groundwater levels, and prepare a written report.
Utilize pavement cores provided by the City for estimating the composition of the existing
pavement within the project limits.
Sub-consultant and laboratory services for Geotechnical Investigation and Pavement Cores
are estimated to cost $5,000, which is included in the not-to-exceed amount.
5. MEETINGS
Hold a kick-off meeting with City staff and the project team to establish clear lines of
communication, introduce City staff to the team members, and establish the City’s detailed
needs, objectives, and goals for the Project. The meeting will also be used to set schedules
and guidelines for any future design meetings.
Conduct two (2) meetings with staff at times during the design of the Project to clarify staff
recommendations, design questions, and/or construction methods. Design meetings will
consist of one preliminary “red line” meeting, where the initial layout is approved and one
meeting at 75 percent completion.
Mr. Robert Ells January 13, 2016
City of Lake Forest 151130.40 Page 3
Conduct one (1) public informational meeting for impacted property owners and other
stakeholders from the project Area.
Present the Project at one (1) City Council meeting.
6. SITE VISITS FOR DESIGNERS
Conduct site visits to familiarize the designer(s) with the site, clarify any discrepancies on the
Drawings, and identify the horizontal and vertical alignment of the storm sewer pipe and
roadway.
Walk the sewer routes with City staff to: resolve deficient/questionable items from the
topographic survey; evaluate the condition of existing pavements, drainage structures, and
curb and gutter; confirm the horizontal and vertical alignment of new sewers; identify areas
conducive for contractor staging; identify parkway features to be protected, and evaluate
restoration options.
Prepare guidelines for protection of parkway features/trees, traffic control, construction
staging, and restoration for the City’s use in communicating with residents, and for use during
detailed design.
7. SEWER MODELING AND INLET CALCULATIONS
Update the hydraulic model with detailed design data for the proposed storm sewer
improvements to confirm the required storm sewer sizes, elevations, and number, size and
location of inlet structures.
Modify the model and/or the design and analyze the proposed design to verify it matches the
intent of the Project and conforms to the modeling (and vice versa).
8. DESIGN DOCUMENTS
Develop base sheets from topographic survey data.
Prepare CAD-generated plan sheets showing the proposed layout of the storm sewers and
structures, utilities, and areas of possible problems or difficulties.
Indicate the location of utilities obtained from the best available records, including utility
company atlases.
Create legends, general notes, details, and designer instructions to contractors, for a final set
of construction drawings.
Develop a design to include sanitary sewer service line and water service line replacements
and/or temporary water services or water system.
Prepare a design and details for pavement patching of driveways and streets and curb and
gutter replacement.
Mr. Robert Ells January 13, 2016
City of Lake Forest 151130.40 Page 4
Prepare drawings showing the general scope, extent, and character of construction work to
be furnished and performed by the Contractor selected by the City. The set of drawings will
include: a Title Sheet, a Traffic Control Plan, a Stormwater Pollution Prevention Plan, Utility
Plans, Utility Crossing Data, Sewer Profiles, Tree Removal and Preservation Plans,
Restoration/Landscape Plans, and General Notes.
Recommend and identify any necessary temporary construction easements, permanent
easements, or right-of-way acquisition to complete the proposed improvements. The cost of
preparing plats, appraisals, and negotiations (if needed) are not included in the not-to-exceed
amount.
Prepare Specifications in conformance with the format of the Illinois Department of
Transportation.
9. CONTRACT DOCUMENTS
Prepare for review and approval by the City and its legal counsel the forms of Construction
Contract Documents consisting of Advertisement for Bids, Bidder Instructions. Bid Form,
Agreement, Performance Bond Form, Payment Bond Form, General Conditions, and
Supplementary Conditions, where appropriate, based upon City of Lake Forest standard
contract documents.
10. ENGINEER’S OPINION OF PROBABLE COST
Prepare Opinions of Probable Construction and Total Project Costs for the Project including:
construction cost; contingencies; construction engineering services; and, on the basis of
information furnished by the City, allowances for legal services, financial consultants, and any
administrative services or other costs necessary for completion of the Project.
11. PEER AND CONSTRUCTABILITY REVIEWS
Conduct QA/QC peer reviews of drawings and specifications.
Utilize Construction Department personnel to provide a review of drawings and
specifications.
Make revisions based upon comments from both engineering and construction department
comments.
12. PERMITS AND AGENCY COORDINATION
Obtain a Watershed Development Permit from the City.
Submit a Notice of Intent and the Stormwater Pollution Prevention Plan to the IEPA for a
General NPDES Permit No. ILR10.
Obtain an endangered species consultation from IDNR.
Obtain a historic preservation consultation from IHPA.
Mr. Robert Ells January 13, 2016
City of Lake Forest 151130.40 Page 5
Apply for a City site work permit and/or tree removal and preservation permit, if required.
Application and review fees are not included in the not-to-exceed amount.
13. ASSISTANCE DURING BIDDING
Assist the City in solicitation of construction bids from as many qualified bidders as possible.
Set bid dates with City, create Advertisement for Bids (AFB), provide AFB to City for
publication, and mail advertisement to selected prospective bidders.
Answer bidders’ questions during bid period.
Issue necessary addenda to all plan holders as necessary.
Attend bid opening with City staff and assist in reviewing and checking of bid package
submittals as required.
Tabulate all bids received and review all bid submittals to verify low bid is responsive and
responsible.
Issue a Letter of Recommendation to Award the construction contract to the City for their
action.
14. SUBSURFACE UTILITY INVESTIGATION
Arrange for a SUE sub-consultant to explore for, and horizontally and vertically locate,
existing underground utilities at critical locations.
This item will only be completed if needed and as directed by the City.
15. REPLACEMENT OF THE WEST FORK DRIVE JUNCTION CHAMBERS
Arrange for a geotechnical sub-consultant to perform up to two (2) additional soil borings
near the storm sewer junction chambers along West Fork Drive, collect and analyze soil
samples, determine groundwater levels, and prepare a written report for structural design.
Provide structural engineering design for pre-cast or cast-in-place concrete junction
chambers if the existing junction chambers cannot be modified to accommodate the larger
proposed storm sewer pipe.
This item will only be completed if needed and as directed by the City.
16. ASSISTANCE DURING CONSTRUCTION
Assist the City with interpretation of the Design Documents and Contract Documents during
the construction phase of the Project.
Meet with City staff and/or the contractor during the construction phase of the Project.
Mr. Robert Ells January 13, 2016
City of Lake Forest 151130.40 Page 6
Advise the City regarding change orders during the construction phase of the Project.
This item will only be completed if needed and as directed by the City.
17. ITEMS NOT INCLUDED
Design of complete road reconstruction within the Project area. We anticipate salvaging one
or both curbs along the alignment of the proposed storm sewer, then patching and
resurfacing the existing road.
Design for replacement of sanitary sewers, water main, and streetlights.
Easement or right-of-way acquisitions, which are not anticipated for the Project.
Grant applications.
Schedule
We anticipate receiving notice to proceed on March 14, 2016 and completing the Project by August
19, 2016, except items 13 and 16 from the Scope of Services, which may be completed in 2017.
City Responsibilities
Provide Baxter & Woodman with subdivision plans and plats of survey along the project limits, which
will be used to field locate the limits of the existing right-of-way.
Engineering Fee
The Owner shall pay the Engineer for the services performed or furnished, based upon the Engineer’s
standard hourly billing rates for actual work time performed plus reimbursement of out-of-pocket
expenses including travel, which in total will not exceed $149,800.
This not-to-exceed fee includes, if directed by the City: (1) up to $10,500 for services and sub-
consultant fees for Subsurface Utility Investigation; (2) up to $16,700 for services and sub-consultant
fees for Replacement of the West Fork Drive Junction Chambers; and (3) up to $9,700 for Assistance
During Construction.
Thank you for the opportunity to submit our Proposal for this Project. Upon your written
authorization to proceed, we will begin work immediately. Please contact me if you should have any
questions or need additional information.
Mr. Robert Ells January 13, 2016
City of Lake Forest 151130.40 Page 7
The attached standard terms and conditions apply to this Proposal. If you find this Proposal
acceptable, please sign and return one copy for our files.
Sincerely,
BAXTER & WOODMAN, INC.
CONSULTING ENGINEERS
John Ambrose, P.E.
President/CEO
Attachment
CITY OF LAKE FOREST, ILLINOIS
ACCEPTED BY: _________________________________
TITLE: _________________________________
DATE: _________________________________
I:\Crystal Lake\LKFTC\151130-West Fork and Hackberry\Contract\151130.40 Proposal_01-13-16.docx
CITY OF LAKE FOREST, ILLINOIS
WEST FORK AND HACKBERRY DRAINAGE IMPROVEMENTS
EMPLOYEE CLASSIFICATION
Principal $180
Senior Engineer III to IV $150 to $170
Senior Engineer I to II $125 to $140
Engineer III to IV $115
Engineer I to II $80 to $95
Engineering Technician III to V $110 to $140
Engineering Technician I to II $70 to $95
Senior Geologist $135
CAD / GIS / Survey Technician III to IV $105 to $150
CAD / GIS / Survey Technician I to II $85 to $95
Clerical II $90 to $110
Clerical I $70
Support Manager $160
Hourly Billing Rates include direct labor and indirect overhead expenses, readiness to serve, and
profit, and are for 8 hours/day and 40 hours/week regularly scheduled work hours.
or $32.50 per half diem.
Traffic Counters $50/day.
Miovision Traffic System usage will be reimbursed at a rate of $600.00 per diem and
$24.00 per hour processing.
Sub-consultant costs will be reimbursed at their invoice costs plus 5%
The Engineer may adjust the hourly billing rate and out-of-pocket expenses on or about January 1 of
each subsequent year and will send the new schedule to the Owner.
Personal-owned vehicle Mileage Charges will be reimbursed at the rate set by
the U.S. Internal Revenue Service.
Company-owned/leased vehicle usage will be reimbursed at a rate of $65.00 per diem
BAXTER & WOODMAN, INC.
2016 HOURLY BILLING RATES AND EXPENSE ITEMS
FOR PROFESSIONAL SERVICES
HOURLY BILLING RATES
Hourly rates for inspection services do not include any overtime.
Revised 2015-11-17, 162DRM
I:\Crystal Lake\LKFTC\151130-West Fork and Hackberry\Contract\2016 Rate Sheets, Billing 2016
STANDARD TERMS AND CONDITIONS
Agreement - These Standard Terms and Conditions, together with the letter proposal, constitute the entire integrated agreement between
the Owner and Baxter & Woodman, Inc. (BW) and take precedence over any other provisions between the Parties. These terms may be
amended, but only if both parties consent in writing.
Owner’s Responsibility – Provide BW with all criteria and full information for the Project. BW will rely, without liability, on the accuracy
and completeness of all information provided by the Owner including its consultants, contractor, specialty contractors, manufacturers,
suppliers and publishers of technical standards without independently verifying that information. The Owner warrants that all known
hazardous materials on or beneath the site have been identified to BW. BW and their consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal of, or exposure of persons to, unidentified or undisclosed hazardous materials unless
this service is set forth in the proposal.
Schedule for Rendering Services - The agreed upon services shall be completed within a reasonable amount of time. If BW is hindered,
delayed or prevented from performing the services as a result of any act or neglect of the Owner or force majeure, BW’s work shall be
extended and the rates and amounts of BW’s compensation shall be equitably adjusted in writing executed by all Parties.
Invoices and Payments - The fees to perform the proposed scope of services constitute BW’s estimate to perform the agreed upon scope
of services. Circumstances may dictate a change in scope, and if this occurs, an equitable adjustment in compensation and time shall be
made by all parties. No service for which added compensation will be charged will be provided without first obtaining writte n
authorization from the Owner. BW invoices shall be due and owing by Owner in accordance with the terms and provisions of the Lo cal
Government Prompt Payment Act.
Opinion of Probable Construction Costs - BW’s opinion of probable construction costs represents its reasonable judgment as a
professional engineer. Owner acknowledges that BW has no control over construction costs of contractor’s methods of determini ng prices,
or over competitive bidding, of market conditions. BW cannot and does not guarantee that proposals, bids, or actual construction costs will
not vary from BW’s opinion of probable construction costs.
Standards of Performance – (1) The standard of care for all services performed or furnished by BW, will be completed with the same
care and skill ordinarily used by professionals practicing under similar circumstances, at the same time and in the same locality on similar
projects. BW makes no guarantees or warranties, express or implied, in connection with its services; (2) BW shall be responsible for the
technical accuracy of its services and documents; (3) BW shall use reasonable care to comply with all applicable laws and regulations and
Owner-mandated standards; (4) BW may employ such sub-consultants as BW deems necessary to assist in the performance or furnishing
of the services, subject to reasonable, timely, and substantive objection b y Owner; (5)BW shall not supervise, direct, control, or have
authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, o r
procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or
safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and
performing of its work; (6) BW neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure
to furnish and perform the work in accordance with the contract documents; (7) Engineer is not acting as a municipal advisor as defined
by the Dodd-Frank Act. Engineer shall not provide advice or have any responsibility for municipal financial products or securities. (8) BW
is not responsible for the acts or omissions of any contractor, subcontractor, or supplier, or any of their agents or employees or any other
person at the site or otherwise furnishing or performing any work; (9) Shop drawing and submittal review by BW shall apply to only the
items in the submissions and only for the purpose of assessing if upon installation or incorporation in the Project work they are generally
consistent with the construction documents. Owner agrees that the contractor is solely responsible for the submissions (regardless of the
format in which provided, i.e. hard copy or electronic transmission) and for compliance with the construction documents. Owner further
agrees that BW’s review and action in relation to these submissions shall not constitute the provision of means, methods, techniques ,
sequencing or procedures of construction or extend to safety programs or precautions. BW’s consideration of a component does not
constitute acceptance of the assembled item; (10) BW’s site observation during construction shall be at the times agreed upon in the Project
scope. Through standard, reasonable means, BW will become generally familiar with observable completed work. If BW observes
completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and Owner
for them to address.
Insurance - BW will maintain insurance coverage with the following limits and Certificates of Insurance will be provided to the Owner
upon written request:
Worker’s Compensation: Statutory Limits Excess Umbrella Liability: $5 million per claim and aggregate
General Liability: $1 million per claim Professional Liability: $5 million per claim
$2 million aggregate $5 million aggregate
Automobile Liability: $1 million combined single limit
BW’s liability under this Agreement, based on any theory of liability or for any cause of action, shall not exceed the total amount of BW’s
contract amount for the project. Any claim against BW arising out of this Agreement may be asserted by the Owner, but only against the
entity and not against BW’s directors, officers, shareholders or employees, none of whom shall bear any liability and may not be subject to
any claim.
Indemnification and Mutual Waiver – (1) To the fullest extent permitted by law, BW shall indemnify and hold harmless the Owner and
its officers and employees from claims, costs, losses, and damages arising out of or relating to the Project, provided that such claim, cost,
loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, incl uding the
loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of BW or its officers, di rectors, employees,
agents, or consultants; (2) Owner shall indemnify and hold harmless BW and its officers, directors, employees, agents and consultants from
and against any and all claims, costs, loses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Pro ject provided that
any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death of to injury or destruction of tangible
property, including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Ow ner or its
officers, directors, employees, consultants, or others retained by or under contract to the Owner with respect to this Agreement or to the
Project; (3) To the fullest extent permitted by law, Owner and BW waive against each other, and the other’s employees, officers, directors,
insurers, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of,
resulting from, or in any way related to the Project; (4) In the event claims, losses, damages or expenses are caused by the joint or
concurrent negligence of the ENGINEER and OWNER, they shall be borne by each party in proportion to its negligence; (5) The Own er
acknowledges that BW is a business corporation and not a professional service corporation, and further acknowledges that the corporate
entity, as the party to this contract, expressly avoids contracting for individual responsibility of its officers, directors, or employees. The
Owner and BW agree that any claim made by either party arising out of any act of the other party, or any officer, director, or employee of
the other party in the execution or performance of the Agreement, shall be made solely against the other party and not indivi dually or
jointly against such officer, director, or employees.
Termination - Either party may terminate this Agreement upon ten (10) business days’ written notice to the other party in the event of
failure by the other party to perform with the terms of the Agreement through no fault of the terminating party. A condition precedent to
termination shall be an opportunity for the Parties to meet. If this Agreement is terminated, Owner shall receive reproducible copies of
drawings, developed applications and other completed documents. Owner shall be liable for, and promptly pay for all services and
reimbursable expenses rendered to the date of suspension/termination of services.
Use of Documents - BW documents are instruments of service and BW retains ownership and property interest (including copyright and
right of reuse). Client shall not rely on such documents unless in printed form, signed or sealed by BW or its consultant. Electronic format
of BW’s design documents may differ from the printed version and BW bears no liability for errors, omissions or discrepancies. Reuse of
BW’s design documents is prohibited and Client shall defend and indemnify BW from all claims, damages, losses and expenses, including
attorney’s fees, consultant/expert fees, and costs arising out of or resulting from said reuse. BW’s document retention policy will be
followed upon Project closeout, and project documents will be kept for a period of 14 years after Project closeout.
Successors, Assigns, and Beneficiaries – Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed
by Client or BW to any third party, including any lender, Contractor, Contractor’s subcontractor, supplier, manufacturer, other individual,
entity or public body, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this
Agreement are for the sole and exclusive benefit of the Client and BW and not for the bene fit (intended, unintended, direct or indirect) of
any other entity or person.
Dispute Resolution - All disputes between the Parties shall first be negotiated between them for a period of thirty (30) days. If unresolved,
disputes shall be then submitted to mediation as a condition precedent to litigation. If mediation is unsuccessful, litigation in the county
where the Project is pending shall be pursued.
Miscellaneous Provisions – (1) This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located.
(2) All notices must be in writing and shall be deemed effectively served upon the other party when sent by certified mail, return receipt
requested; (3) All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive
its completion or termination for any reason; (4) Any provision or part of the Agreement held to be void or unenforceable under any Laws
or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Owner and BW,
which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close to expressing the intention of the stricken provision; (5) A party’s non-enforcement of any provision shall not constitute
a waiver of the provision, nor shall if affect the enforceability of that provision or of the remainder of this Agreement; (6) To the fullest
extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of
limitation shall commence, no later than the date of substantial completion, which is the point where the Project can be util ized for the
purposes for which it was intended.
January 20, 2016
Mr. Michael Thomas
Director of Public Works
City of Lake Forest
800 North Field Drive
Lake Forest, IL 60045
Re: GHA Contract Extension
City Engineering Services
Lake Forest, Illinois
Dear Mr. Thomas:
Thank you for inviting Gewalt Hamilton Associates, Inc. to continue to serve as the City Engineer of
Lake Forest. Our firm is well qualified to perform this work and is quite interested in continuing to serve
the City of Lake Forest.
We have enclosed a draft agreement for your review specifying our proposed billing rates for a three
year term from May 1, 2016 thru April 30, 2019. The billing rates proposed for the first two years of the
agreement reflect our 2016 discounted municipal rates, which represent a discount of approximately
10% off of our standard rates. The rates would only increase for the final year of the agreement, from
May 1, 2018 thru April 30, 2019, in keeping with an overall increase of approximately 2.5% annually. It
is anticipated that for a majority of the term of the contract these rates will be less than our typical
discounted municipal rates.
If you should have any questions or require additional information, please do not hesitate to contact me.
Sincerely,
Gewalt Hamilton Associates, Inc.
Daniel J. Strahan, P.E., CFM
Associate/Senior Engineer
dstrahan@gha-engineers.com
CITY OF LAKE FOREST
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is dated as of the ____ day of ___________, 2016 (“Agreement”),
and is by and between the CITY OF LAKE FOREST, an Illinois municipal corporation
(“City”) and the Consultant identified in Section 1A of this Agreement.
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set
forth in the Agreement, and pursuant to the City’s statutory powers, the parties agree as follows:
SECTION 1. CONSULTANT.
A. Engagement of Consultant. The City has an existing agreement with the
Consultant to provide professional engineering consulting services as City Engineer on an as -
needed basis with a term set to expire on April 30, 2016. The City desires to extend the term of
the agreement with the Consultant identified below to perform and to provide all necessary
professional consulting services to perform the work in connection with the project identified
below:
Consultant Name ("Consultant"): Gewalt Hamilton Associates, Inc.
Address: 625 Forest Edge Drive
Street
Vernon Hills, Illinois 60061
City State Zip
Telephone No.: (847) 478-9700
Email: dstrahan@gha-engineers.com
Project Name/Description: PROFESSIONAL ENGINEERING SERVICES AS CITY
ENGINEER
Agreement Amount: T&M
B. Project Description. Consultant shall provide as–needed engineering consulting
services relating to municipal engineering services; preliminary design, final design, and
construction engineering services; and to fulfill the statutory requirements normally conducted
by a City Engineer. This work shall be “on-call” as requested or directed by the City’s Director
of Public Works or his designee.
C. Representations of Consultant. The Consultant has submitted to the City a
summary of hourly rates and key personnel, a copy of which is attached as Exhibit A to this
Agreement ("Statement"). The Consultant represents that it is financially solvent, has the
necessary financial resources, and is sufficiently experienced and competent to perform and
complete the consulting services set forth in the Request and the Statement ("Services") in a
manner consistent with the standards of professional practice by recognized consulting firms
providing services of a similar nature in the Northeastern Illinois region.
D. Agreement Amount. The total amount billed by the Consultant for the services
under this Agreement shall be limited to actual services performed as authorized by the Public
Works Director or his designee as outlined in the Request. Hourly Rates will match the rates in
Exhibit A, including reimbursable expenses, unless amended pursuant to Section 8A of this
Agreement. Engineering services for federally funded projects shall be charged on a cost plus
fixed fee basis in accordance with IDOT requirements
E. Agreement Length. The agreement shall be in effect through April 30, 2019
starting upon the date this agreement is pursued.
SECTION 2. SCOPE OF SERVICES.
A. Retention of the Consultant. The City retains the Consultant to perform, and the
Consultant agrees to perform, the Services.
B. Services. The Consultant shall provide the Services pursuant to the terms and
conditions of this Agreement.
C. Commencement; Time of Performance. The Consultant shall be prepared to
commence the Services immediately upon receipt of written notice from the City that this
Agreement has been fully executed by the Parties (“Commencement Date”). The Consultant
shall diligently and continuously prosecute the Services until the completion of the Services or
upon the termination of this Agreement by the City.
D. Reporting. The Consultant shall regularly report to the Public Works Director, or
his designee, regarding the progress of the Services during the term of this Agreement.
SECTION 3. COMPENSATION AND METHOD OF PAYMENT.
A. Compensation. The total amount billed for the Services during the term of this
Agreement shall be limited to actual services performed as authorized by the Public Works
Director or his designee. Hourly Rates will match the rates in Exhibit A and will remain in
effect until April 30, 2014.
B. Invoices and Payment. The Consultant shall submit invoices in an approved
format to the City for costs incurred by the Consultant in performing the Services. The amount
billed in such invoice for the Services shall be based on the rates set forth in the Statement. The
City shall pay to the Consultant the amount billed within 30 days after receiving such an invoice.
C. Records. The Consultant shall maintain records showing actual time devoted and
costs incurred, and shall permit the authorized representative of the City to inspect and audit all
data and records of the Consultant for work done under the Agreement. The records shall be
made available to the City at reasonable times during the Agreement period, and for a year after
the termination of the Agreement.
D. Claim In Addition To Agreement Amount. If the Consultant desires to make a
claim for additional compensation as a result of action taken by the City, the Consultant shall
provide written notice to the City of such claim within 15 days after occurrence of such action as
provided by Section 8D, Notice, of this Agreement, and no claim for additional compensation
shall be valid unless made in accordance with this Section. Any changes in the Agreement
Amount shall be valid only upon written amendment pursuant to Section 8A, Amendment, of
this Agreement.
E. Taxes, Benefits, and Royalties Each payment by the City to the Consultant
includes all applicable federal, state, and City taxes of every kind and nature applicable to the
Services as well as all taxes, contributions, and premiums for unemployment insurance, old age
or retirement benefits, pensions, annuities, or similar benefits and all costs, royalties, and fees
arising from the use on, or the incorporation into, the Services, of patented or copyrighted
equipment, materials, supplies, tools, appliances, devices, processes, or inventions. All claim or
right to claim additional compensation by reason of the payment of any such tax, contribution,
premium, costs, royalties, or fees is hereby waived and released by Consultant.
F. Final Acceptance. The Services, or, if the Services are to be performed in
separate phases, each phase of the Services, shall be considered complete on the date of final
written acceptance by the City of the Services or each phase of the Services, as the case may be,
which acceptance shall not be unreasonably withheld or delayed.
SECTION 4. PERSONNEL; SUBCONTRACTORS.
A. Key Project Personnel. The Key Project Personnel identified in Exhibit A shall
be primarily responsible for carrying out the Services on behalf of the Consultant. The Key
Project Personnel shall not be changed without the City's prior written approval.
B. Availability of Personnel. The Consultant shall provide all personnel necessary
to complete the Services including, without limitation, any Key Project Personnel identified in
this Agreement. The Consultant shall notify the City as soon as practicable prior to terminating
the employment of, reassigning, or receiving notice of the resignation of, any Key Personnel.
The Consultant shall have no claim for damages and shall not bill the City for additional time
and materials charges as the result of any portion of the Services which must be duplicated or
redone due to such termination or for any delay or extension of the Time of Performance as a
result of any such termination, reassigning, or resignation.
C. Approval and Use of Subcontractors. The Consultant shall perform the
Services with its own personnel and under the management, supervision, and control of its own
organization unless otherwise approved by the City in writing. All subcontractors and
subcontracts used by the Consultant shall be acceptable to, and approved in advance by, the City.
The City’s approval of any subcontractor or subcontract shall not relieve the Consultant of full
responsibility and liability for the provision, performance, and completion of the Services as
required by the Agreement. All Services performed under any subcontract shall be subject to all
of the provisions of this Agreement in the same manner as if performed by employees of the
Consultant. For purposes of this Agreement, the term “Consultant” shall be deemed also to refer
to all subcontractors of the Consultant, and every subcontract shall include a provision bindi ng
the subcontractor to all provisions of this Agreement.
D. Removal of Personnel and Subcontractors. If any personnel or subcontractor
fails to perform the Services in a manner satisfactory to the City, the Consultant shall
immediately upon notice from the City remove and replace such personnel or subcontractor. The
Consultant shall have no claim for damages, for compensation in excess of the amount contained
in this Agreement or for a delay or extension of the Time of Performance as a result of any such
removal or replacement.
SECTION 5. CONFIDENTIAL INFORMATION.
A. Confidential Information. The term “Confidential Information” shall mean
information in the possession or under the control of the City relating to the technical, business,
or corporate affairs of the City; City property; user information, including, without limitation,
any information pertaining to usage of the City's computer system, including and without
limitation, any information obtained from server logs or other records of electronic or machine
readable form; and the existence of, and terms and conditions of, this Agreement. City
Confidential Information shall not include information that can be demonstrated: (1) to have
been rightfully in the possession of the Consultant from a source other than the City prior to the
time of disclosure of said information to the Consultant under this Agreement (“Time of
Disclosure”); (2) to have been in the public domain prior to the Time of Disclosure; (3) to have
become part of the public domain after the Time of Disclosure by a publication or by any other
means except an unauthorized act or omission or breach of this Agreement on the part of the
Consultant or the City; or (4) to have been supplied to the Consultant after the Time of
Disclosure without restriction by a third party who is under no obligation to the City to maintain
such information in confidence.
B. No Disclosure of Confidential Information by the Consultant. The Consultant
acknowledges that it shall, in performing the Services for the City under this Agreement, have
access to or be directly or indirectly exposed to Confidential Information. The Consultant shall
hold confidential all Confidential Information and shall not disclose or use such Confidential
Information without express prior written consent of the City. The Consultant shall use
reasonable measures at least as strict as those the Consultant uses to protect its own confidential
information. Such measures shall include, without limitation, requiring employees and
subcontractors of the Consultant to execute a non-disclosure agreement before obtaining access
to Confidential Information.
SECTION 6. STANDARD OF SERVICES AND INDEMNIFICATION.
A. Representation and Certification of Services. The Consultant represents and
certifies that the Services shall be performed in accordance with the standards of professional
practice and care practiced by consulting firms in performing services of a similar nature in
Northeast Illinois at the Time of Performance.
B. Indemnification. The Consultant agrees, to the fullest extent permitted by
law, to indemnify and hold harmless the City, its officials, and employees (collectively, City)
against all damage, liabilities or costs, including reasonable attorneys’ fees and defense costs, to
the extent caused by the Consultant’s negligent performance of professional services under this
Agreement and that of its subconsultants or anyone for whom the Consultant is legally liable.
The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Consultant, its officers, directors, employees and subconsultants (collectively, Consultant)
against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to
the extent caused by the City’s negligent acts in connection with services provided under this
agreement and the acts of its contractors, subcontractors or consultants or anyone for whom the
City is legally liable. Neither the City nor the Consultant shall be obligated to indemnify the
other party in any manner whatsoever for the other party’s own negligence.
C. Insurance. The Consultant proposes, and agrees that the Consultant shall provide
certificates and policies of insurance evidencing the minimum insurance coverages and limits set
forth in Exhibit B to this Agreement within 10 days following the Commencement Date. Such
policies shall be in forms, and from companies, acceptable to the City. The insurance coverages
and limits set forth in Exhibit B shall be deemed to be minimum coverages and limits and shall not
be construed in any way as a limitation on the Consultant’s duty to carry adequate insurance or on
the Consultant’s liability for losses or damages under this Agreement. The City shall be named as
an Additional Insured on all policies except for Worker’s Compensation, Professional Liability (if
applicable). Each such additional Insured endorsement shall identify the City as follows: The City
of Lake Forest, including its City Council members and elected and appointed officials, its officers,
employees, agents, attorneys, consultants, and representatives.
D. No Personal Liability. No elected or appointed official, or employee of the City
shall be personally liable, in law or in contract, to the Consultant as the result of the execution of
this Agreement.
SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS.
A. Relationship of the Parties. The Consultant shall act as an independent
contractor in providing and performing the Services. Nothing in, nor done pursuant to, this
Agreement shall be construed (1) to create the relationship of principal and agent, employer and
employee, partners, or joint venturers between the City and Consultant; or (2) to create any
relationship between the City and any subcontractor of the Consultant. The consultant shall have
no right to receive any employee benefits including, but not limited to, health and accident
insurance, life insurance, pension, sick leave and/or vacation. Consultant agrees to pay all taxes
including, but not limited to, employment taxes due in respect of the consulting fee.
B. Conflict of Interest. The Consultant represents and certifies that, to the best of its
knowledge, (1) no City employee or agent is interested in the business of the Consultant or this
Agreement; (2) as of the date of this Agreement neither the Consultant nor any person employed
or associated with the Consultant has any interest that would conflict in any manner or degree
with the performance of the obligations under this Agreement; and (3) neither the Consultant nor
any person employed by or associated with the Consultant shall at any time during the term of
this Agreement obtain or acquire any interest that would conflict in any manner or degree with
the performance of the obligations under this Agreement.
C. No Collusion. The Consultant represents and certifies that the Consultant is not
barred from contracting with a unit of state or local government as a result of (1) a delinquency
in the payment of any tax administered by the Illinois Department of Revenue unless the
Consultant is contesting, in accordance with the procedures established by the appropriate
revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11-42.1-1 et
seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (2) a violation of either
Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1
et seq. The Consultant represents that the only persons, firms, or corporations interested in this
Agreement as principals are those disclosed to the City prior to the execution of this Agreement,
and that this Agreement is made without collusion with any other person, firm, or corporation. If
at any time it shall be found that the Consultant has, in procuring this Agreement, colluded with
any other person, firm, or corporation, then the Consultant shall be liable to the City for all loss
or damage that the City may suffer, and this Agreement shall, at the City’s option, be null and
void.
D. Termination. Notwithstanding any other provision hereof, the City may
terminate this Agreement at any time upon 15 days prior written notice to the Consultant. In the
event that this Agreement is so terminated, the Consultant shall be paid for Services actually
performed and reimbursable expenses actually incurred, if any, prior to termination, not
exceeding the value of the Services completed determined on the basis of the rates set forth in
the Proposal.
E. Default. If it should appear at any time that the Consultant has failed or refused
to prosecute, or has delayed in the prosecution of, the Services with diligence at a rate that
assures completion of the Services in full compliance with the requirements of this Agreement,
or has otherwise failed, refused, or delayed to perform or satisfy the Services or any other
requirement of this Agreement (“Event of Default”), and fails to cure any such Event of Default
within ten business days after the Consultant’s receipt of written notice of such Event of Default
from the City, then the City shall have the right, without prejudice to any other remedies
provided by law or equity, to pursue any one or more of the following remedies:
1. Cure by Consultant. The City may require the Consultant, within a
reasonable time, to complete or correct all or any part of the Services that are the subject
of the Event of Default; and to take any or all other action necessary to bring the
Consultant and the Services into compliance with this Agreement.
2. Termination of Agreement by City. The City may terminate this
Agreement without liability for further payment of amounts due or to become due under
this Agreement after the effective date of termination.
3. Withholding of Payment by City. The City may withhold from any
payment, whether or not previously approved, or may recover from the Consultant, any
and all costs, including attorneys’ fees and administrative expenses, incurred by the City
as the result of any Event of Default by the Consultant or as a result of actions taken by
the City in response to any Event of Default by the Consultant.
F. Mutual Cooperation. The City agrees to cooperate with the Consultant in the
performance of the Services, including meeting with the Consultant and providing the Consultant
with such non-confidential information that the City may have that may be relevant and helpful
to the Consultant’s performance of the Services. The Consultant agrees to cooperate with the
City in the performance of and the completion of the Services and with any other consultants
engaged by the City.
G. News Releases. The Consultant shall not issue any news releases or other public
statements regarding the Services without prior approval from the City Manager.
H. Ownership. Designs, drawings, plans, specifications, photos, reports,
information, observations, calculations, notes, and any other documents, data, or information, in
any form, prepared, collected, or received by the Consultant in connection with any or all of the
Services to be performed under this Agreement (“Documents”) shall be and remain the
exclusive property of the City. At the City’s request, or upon termination of this Agreement, the
Consultant shall cause the Documents to be promptly delivered to the City.
SECTION 8. GENERAL PROVISIONS.
A. Amendment. No amendment or modification to this Agreement shall be
effective unless and until the amendment or modification is in writing, properly approved in
accordance with applicable procedures, and executed.
B. Assignment. This Agreement may not be assigned by the City or by the
Consultant without the prior written consent of the other party.
C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit
of the Parties to this Agreement and their agents, successors, and assigns.
D. Notice. All notices required or permitted to be given under this Agreement shall
be in writing and shall be delivered (1) personally, (2) by a reputable overnight courier, or by (3)
by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid.
Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon
the earlier of (a) actual receipt; (b) one business day after deposit with an overnight courier as
evidenced by a receipt of deposit; or (c) three business days following deposit in the U.S. mail,
as evidenced by a return receipt. By notice complying with the requirements of this Section,
each Party shall have the right to change the address or the addressee, or both, for all future
notices and communications to the other party, but no notice of a change of addressee or address
shall be effective until actually received.
Notices and communications to the City shall be addressed to, and delivered at, the following
address:
Michael Thomas
Director of Public Works
800 North Field Drive
Lake Forest, IL 60045
Notices and communications to the Consultant shall be addressed to, and delivered at, the
following address:
Gewalt Hamilton Associates, Inc.
625 Forest Edge Drive
Vernon Hills, Illinois 60061
Attention: Steven D. Berecz, Corporate Secretary
E. Third Party Beneficiary. No claim as a third party beneficiary under this
Agreement by any person, firm, or corporation shall be made or be valid against the City.
F. Provisions Severable. If any term, covenant, condition, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated.
G. Time. Time is of the essence in the performance of this Agreement.
H. Calendar Days and Time. Unless otherwise provided in this Agreement, any
reference in this Agreement to "day" or "days" shall mean calendar days and not business days.
If the date for giving of any notice required to be given, or the performance of any obligation,
under this Agreement falls on a Saturday, Sunday, or federal holiday, then the notice or
obligation may be given or performed on the next business day after that Saturday, Sunday, or
federal holiday.
I. Governing Laws. This Agreement shall be governed by, construed and enforced
in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois.
J. Authority to Execute.
1. The City. The City hereby warrants and represents to the
Consultant that the persons executing this Agreement on its behalf have been properly
authorized to do so by its corporate authorities.
2. The Consultant. The Consultant hereby warrants and represents to
the City that the persons executing this Agreement on its behalf have the full and
complete right, power, and authority to enter into this Agreement and to agree to the
terms, provisions, and conditions set forth in this Agreement and that all legal actions
needed to authorize the execution, delivery, and performance of this Agreement have
been taken.
K. Entire Agreement. This Agreement constitutes the entire agreement between the
parties to this Agreement and supersedes all prior agreements and negotiations between the
parties, whether written or oral relating to the subject matter of this Agreement.
L. Waiver. Neither the City nor the Consultant shall be under any obligation to
exercise any of the rights granted to them in this Agreement except as it shall determine to be in
its best interest from time to time. The failure of the City or the Consultant to exercise at any
time any such rights shall not be deemed or construed as a waiver of that right, nor shall the
failure void or affect the City's or the Consultant's right to enforce such rights or any other rights.
M. Consents. Unless otherwise provided in this Agreement, whenever the consent,
permission, authorization, approval, acknowledgement, or similar indication of assent of any
party to this Agreement, or of any duly authorized officer, employee, agent, or representative of
any party to this Agreement, is required in this Agreement, the consent, permission,
authorization, approval, acknowledgement, or similar indication of assent shall be in writing.
N. Grammatical Usage and Construction. In construing this Agreement, pronouns
include all genders and the plural includes the singular and vice versa.
O. Interpretation. This Agreement shall be construed without regard to the identity
of the party who drafted the various provisions of this Agreement. Moreover, each and every
provision of this Agreement shall be construed as though all parties to this Agreement
participated equally in the drafting of this Agreement. As a result of the foregoing, any rule or
construction that a document is to be construed against the drafting party shall not be applicable
to this Agreement.
P. Headings. The headings, titles, and captions in this Agreement have been
inserted only for convenience and in no way define, limit, extend, or describe the scope or intent
of this Agreement.
Q. Exhibits. Exhibits A and B are attached to this Agreement, and by this reference
incorporated in and made a part of, this Agreement. In the event of a conflict between the
Exhibit and the text of this Agreement, the text of this Agreement shall control.
R. Rights Cumulative. Unless expressly provided to the contrary in this
Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement
shall be cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed
by law.
S. Counterpart Execution. This Agreement may be executed in several
counterparts, each of which, when executed, shall be deemed to be an original, but all of which
together shall constitute one and the same instrument.
ATTEST: CITY OF LAKE FOREST
By: By:
Margaret Boyer, Deputy City Clerk Donald P. Schoenheider, Mayor
ATTEST: CONSULTANT
By: By:
Steven D. Berecz, Secretary Bruce L. Shrake, President
EXHIBIT A
HOURLY RATES & KEY PERSONNEL
Hourly Rates
Staff Description Rates (Per Hour) for:
5/1/16 to 4/30/18
Principal Engineer $158.00
Senior Engineer $134.00
Senior Environmental Consultant $134.00
Professional Engineer $116.00
Professional Land Surveyor $112.00
Staff Engineer $106.00
GIS Professional $112.00
Environmental Consultant $106.00
Senior Technician $106.00
Engineering Technician II $92.00
Engineering Technician I $68.00
Administrative $56.00
Staff Description Rates (Per Hour) for:
5/1/18 to 4/30/19
Principal Engineer $162.00
Senior Engineer $140.00
Senior Environmental Consultant $140.00
Professional Engineer $120.00
Professional Land Surveyor $116.00
Staff Engineer $110.00
GIS Professional $118.00
Environmental Consultant $110.00
Senior Technician $110.00
Engineering Technician II $98.00
Engineering Technician I $72.00
Administrative $58.00
All hourly rates include costs for AutoCAD systems/software, vehicles and equipment.
Direct costs are defined as follows:
GHA Direct Costs through 4/30/2019
Mileage $0.50/mi
Vehicles/equipment no charge
CADD software/systems no charge
Black and white printing - up to 11” x 17” no charge
Large-format black and white printing $0.25/sf
Color prints up to 11” x 17” $0.50/page
Large-format color plots $3.00/sf
Expenses such as sub-consultant costs, overnight postage, and messenger services are invoiced without markup.
Key Personnel
We propose the following key personnel to be the primary team for the City of Lake Forest, with assistance
from others, as required:
Primary Contact: Mr. Daniel J. Strahan, P.E., CFM has over 13 years of experience in municipal
engineering and is In addition to his work with the City of Lake Forest, Mr. Strahan is currently the Village
Engineer for the Village of Barrington Hills (Cook, Lake , Kane, and McHenry County), and Township
Engineer for Ela Township and Libertyville Township ). Responsibilities include: Permit review and
enforcement of Zoning, Building, Stormwater, and Floodplain ordinances; preparation of multi-year capital
programs; Street maintenance and rehabilitation; engineering review of subdivision plans; local and
regional drainage studies, drainage improvement design and installation.
Mr. Daniel Brinkman, P.E., PTOE is a Licensed Professional Engineer with over 19 years of experience in
the traffic engineering and transportation planning fields. His experience covers both the public and private
sectors, with clients including municipalities, retail and residential developers, school districts, park districts
and hospitals/medical centers.
John Past, PLS, is a Licensed Professional Surveyor with more than 30 years of experience with
emphasis on Topographical Surveys, A.L.T.A/A.C.S.M. Surveys, Settlement Monitoring Surveys, Boundary
Surveys, Plats of Right of Way, Easement, Dedication, Subdivision, and Annexation.
K. David Marquardt is a Senior Construction Engineer with over 24 years of experience with an emphasis
on construction engineering. Mr. Marquardt serves as a field engineer for a variety of municipal and private
projects and is responsible for managing all phases of the construction project including layout,
construction observation, conformance with plans and specifications, schedule and budget adherence,
material inspection management, and coordination between municipalities, residents, busin ess owners,
clients, and contractors. Prior to joining GHA, Mr. Marquardt worked for IDOT in the Bureau of Construction
on an array of complex utility, road, and bridge reconstruction projects.
EXHIBIT B
INSURANCE COVERAGES
Coverage Limits of Liability
Worker’s Compensation Statutory
General Liability $1,000,000 Each Occurrence
$2,000,000 General Aggregate
Products and completed operations
aggregate
$2,000,000
Automobile Liability $1,000,000 Combined Single Limit
Professional Liability $1,000,000 each claim
$2,000,000 Aggregate
Excess/Umbrella Liability $2,000,000 Each Occurrence
$2,000,000 Aggregate
Strand Associates, inc.
910-West -Wingra Orive
Madison, Wl 63715
(P) 608-251-4843
---(Fy 608-251-8655
ASSOCIATES'
DRAFT
Task Order No. 16-01
City of Lake Forest, Illinois (OWNER)
and Strand Associates, Inc.® (ENGINEER)
Pursuant to Technical Services Agreement dated December 3, 2012
Project Information
Services Name: Water Treatment Plant CWTP) Improvements Design
Services Description: Develop design, specifications, and bidding-related documents for OWNER to
publically bid the construction of improvements to the existing water treatment facility. The project will
include the procured membrane system replacement equipment, membrane system-related
improvements, and nonmembrane facility improvements selected by OWNER from the 2015 WTP
Master Plan.
Scope of Services
ENGINEER will provide the following services to OWNER.
WTP Improvements Desim
1. Participate in up to four meetings with OWNER and selected membrane system manufacturer
during the twelve-month design period. These meetings will be at the followmg stages with
deliverables as outlined below:
a. Kickoff Meeting-Lake Forest, Ulinois
(1) Design Criteria
(2) Preliminary Site Plan
(3) Process Flow Diagram
(4) Major Equipment List
(5) Major Equipment Cutsheets
b. 30 Percent Design Meeting-Madison, Wisconsin
(1) Drawing List
(2) Specifications Outline
(3) Equipment Sizing and Recommended Manufacturers
(4) Electrical Requirements
(5) Building Floor Plans
(6) Further Site Development
(7) Hydraulic Profile
(8) Basic Construction Sequence
(9) Draft Technical Specifications
BLH:mro\R:\MAD\Docmnents\Agreements\L\Lake Forest, City of (IL)\TSA.2012\TO\2016\3746.012.16-01.docx
Arizona Nines I Ir-fiana ! l;---,itLic!.'.' I Ohio 1-w-f Wisconsin www.strand.com
OWNER RE^ £W
City of Lake Forest
Task Order No. 16-01
Page 2
January 18,2016
Strand Associates, Inc.'
DRAFT
c. 60 Percent Design Meeting-Lake Forest, Illinois
(1) Front End Specifications
(2) Continued Drawing Development (includes drawings with development to
90 percent of the sheet count)
(3) Updated Construction Sequence
d. 90 Percent Design Meeting-Madison, Wisconsin
(1) 90 Percent Complete Project Documents (Prior to comments from OWNER and
the Dlinois Environmental Protection Agency [IEPA])
(2) 95 Percent Opinion of Probable Cost
2. Incorporate OWNER and IEPA review comments, as appropriate, following each meeting.
3. Prepare bidding documents using Engineers Joint Contract Documents Committee C-700
Standard General Conditions of the Constmction Contract, 2007 edition, technical specifications,
and engineering drawings.
4. Provide design to include the following elements:
5.
6.
7.
a.
b.
c.
d.
e.
Installation of a new 14.0 millions of gallons per day net cold water capacity replacement
membrane system, as procured by OWNER through Contract 2-2015. System design will
include incorporation of existing facility components, new compressed air system, new
blower system (if provided), backwash system modifications, new dean-in-place system,
new membrane system controls, structural modifications as necessary, mechanical piping
and appurtenances, electrical modifications, and control system modifications.
Relocation and facility improvements for the existing sodium hypochlorite; ferric
sulfate; fluoride; polyphosphate chemical storage and feed systems, including facility
modifications to the existing filter area spaces; new heating, ventilation, and air
conditioning equipment; new storage tanks; new chemical feed pumps; new controls and
appmtenances; new bulk fill and chemical piping and appurtenances; safety showers and
eye wash stations; and new electrical appurtenances.
Relocation of the WTP computer server hardware and related subcomponents within the
WTP.
Control system modifications to incorporate up to four computer workstations located
within the existing WTP.
Installation of a fourth floor air conditioning system.
Submit final bidding documents to die IEPA for agency approval.
Assist OWNER in obtaining other construction-related permits.
Provide OWNER twenty paper copies of Bidding Documents.
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wv.w.strand.&om
Strand Associates, Inc.'
DRAFT
OWNER RE\ EW
City of Lake Forest
Task Order No. 16-01
Page 3
January 18, 2016
Biddine-Related Services
1. Distribute bidding documents electronically through QuestCDN, available at www.strand.com
and www.questcdn.com. Submit Advertisement to Bid to OWNER for publishing.
2. Attend prebid meeting.
3. Prepare addenda and answer questions during bidding.
4. Attend bid opening, tabulate and analyze bid results, review bidding documents, and assist
OWNER in the award of the Construction Contract.
5. Prepare three sets of Contract Documents for signature.
6. Assist OWNER with the assignment of Procurement Contract with the Construction Contract.
Membrane System Small-Scale Performance Tesdne
1. Provide a Membrane Pilot Scale System Protocol and Design for OWNER based on pilot system
supplied by others to demonstrate pilot scale system performance over a one year period.
2. Provide on-site assistance to OWNER during delivery, setup, operation and demobilization of
pilot scale equipment during the pilot period. On-site assistance during the operation of the pilot
system will be based on monthly visits to the site.
3. Provide technical and operational assistance and data review during the pilot scale
demonstration. Discuss activities with OWNER and others.
4. Review Pilot Scale Demonstration report, prepared by others, summarizing pilot performance
over the demonstration period.
Compensation
OWNER shall compensate ENGINEER for Services under this Task Order a lump sum of $563,000.
Schedule
Services will begin upon execution of this Task Order, which is anticipated on January 20,2016. Services
are scheduled for completion on April 30, 2017, contingent upon the following meeting schedule:
Meeting Anticipated Schedule
WTP Improvements Design
Kickoff Meeting
30 Percent Design Review
60 Percent Design Review
90 Percent Design Review
Third week in February 2016
Third week in May 2016
Second week in September 2016
Second week in November 2016
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www.strand.com
OW1NER RK\
City of Lake Forest
Task Order No. 16-01
Page 4
January 18, 2016
Meeting
Biddine-Related Services
Prebid Meeting
Bid Opening
Membrane System SmaIl-Scale Performance Tesdng
Testing Complete
Strand Associates, Inc.
DRAFT
Anticipated Schedule
First week in February 2017
First week in February 2017
February 2017
TASK ORDER AUTHORIZATION AND ACCEPTANCE:
ENGINEER: OWNER:
STRAND ASSOCIATES, WC.S
DRAFT
Matthew S. Richards
Corporate Secretary
Date
n"*'
cnyp? tAKE I*ORES
v^'u ^--'
^fty Manager
r,ji.Date
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www.strand.com
Water Treatment Plant
Replacement Membrane System Selection
Brian L. Hackman, P.E., P.H., BCEE
Project Manager, Strand Associates, Inc.®
January 27, 2016
Public Works Committee Meeting
Description Objective
Review of WTP Planning Effort No Action Recommended
Public Works Committee Action
Asking for Committee’s Recommendation to City Council for:
1. Membrane System Selection
2. Approval of Design Agreement with Strand Associates
3. Evaluate Potential Construction Timeline Savings
4. Evaluate 11.4 MGD vs. 14 MGD
Objectives for Tonight’s Meeting
Project Timeline Demonstrates City
Involvement In Planning Effort
Project Timeline Demonstrates City
Involvement in Planning Effort
Recommended Decision Timeline for
FY2016-FY2017
FY2016 – FY2017 Phase II Decision Points (July 2015)
-May 18, 2015 Public Works Committee: Accepts Recommendations
-June 1, 2015 City Council Approval: Procurement Design Effort
-August 3, 2015 City Council Workshop: Peak Shaving and Privatization Discussion
-November 9, 2015 Budget Workshop: Water Rate Discussion
-January 18, 2016 City Council Approval: Procurement Award, Final Design Effort, and Piloting
-Now February 16, 2016
-April, 2017 City Council Approval: Construction Award and Construction Services Effort
Anticipated Project Timeline
Minor Schedule Adjustment – Project On Track
Three Vendors Met the Criteria Set by City
Council
Description Evoqua GEWPT Pall
Corporation
Strong US Market Presence Yes, Including
Lake Michigan
Yes, Including
Lake Michigan
Yes
Water Quality Equal or Better
Than Existing
Equal or Better
Than Existing
Equal or Better
Than Existing
First Floor Installation for 14 mgd
Buildout
without Structural Modifications
Yes Yes Yes
Membrane Module Material and
Warranty
PVDF /
Pro-rated 10
years
PVDF /
Pro-rated 10
years
PVDF /
Pro-rated 10
years
Equipment Supply Through
Manufacturer
Using Multiple
Suppliers
Through
Manufacturer
Using Multiple
Suppliers
Through
Manufacturer
Using Multiple
Suppliers
Post-Installation Equipment
24/7 Telephone Support by
Manufacturer
Under One Firm Under One Firm Under One Firm
Membrane Module Interchangeability
Identified in Proposal
Yes Yes Yes
City Council Approved Recommendations
on August 3, 2015
Description Accepted Recommendation
Capacity Proceed with Design of Membrane System with
14 mgd Plant Capacity (Option No. 1) and
Alternative Bid for 11 mgd Plant Capacity (Option No. 3-B)
Public-Private Partnerships
Continued Ownership and Operation of the Water Plant
by the City
Peak Shaving
Evaluate the redundancy and emergency interconnects with
neighboring water supplies.
Summary of Bids Received
Description Probable
Cost by
Engineer
Evoqua GEWPT Pall
Corporation
Base Bid for
14 MGD Plant
Equipment
$3,681,000 $2,651,812 $2,398,000 $2,985,387
Total Present Worth Cost
(20 Year Period, includes
membrane replacement and
chemicals)
$5,668,000 $3,444,014.98 $3,368,272.50 $4,161,605.52
Conformance To Procurement
Contract Requirements
YES YES YES
Alternative Bid Deduct:
11.4 MGD Plant
$290,000 $202,500 $223,000 $286,700
Alternative Bid Deduct:
Shortened Construction Sequence
Unknown $5,000 $5,000 $5,000
Award Recommendation Based on Bid
Evaluation
Description Evoqua GEWPT Pall
Corporation
Total Present Worth Costs
(50 Points)
48.88 50.00 38.22
Conformance to Bidding
Documents (25 Points)
25.00 25.00 25.00
Applicable Similar Project
Experience (25 Points)
TBD TBD TBD
Total Points (100 Points Total) TBD TBD TBD
Staff is researching vendors and references toward Applicable Similar
Project Experience (To Be Determined (TBD)) for discussion at
Wednesday’s Meeting.
Capital Improvement Plan Probable Draw
Schedule as of November 2015 Revisions
Fiscal Year
Phase II Efforts
FY2016 FY2017 FY2018 FY2019 Project
Totals
Membrane Filter Retrofit Project As Noted in C.I.P. Budget $545,000 $445,000 $5,250,000 $3,510,000 $9,750,000
Projects Under Task To Date (Encumbered) $112,500 $0 $0 $0
Procurement Design $112,500
Future Anticipated Effort $380,000 $445,000 $5,250,000 $3,510,000
Final Design Services $380,000 $185,000
Construction Administrative Management and On-site Field
Representative Services
$280,000 $290,000
Probable Membrane System Expense* $260,000 $2,307,000 $1,114,000
Probable Construction and Equipment Expense* $2,400,000 $1,603,000
Project Contingency (10% Of Items * Above) $52,500 $0 $263,000 $503,000
Non-Membrane System Improvements
New Hypochlorite System $259,000 $259,000
Fluoride Storage and Feed System $103,000 $103,000
Ferric Storage Replace/Relocate $117,000 $117,000
Phosphate Chemical Feed Replace/Relocate $77,000 $77,000
Safety Shower and Eye Wash $32,000 $32,000
Fourth Floor Air Conditioning $90,000 $90,000
WTP Project Totals $545,000 $445,000 $5,250,000 $4,188,000 $10,428,000
Note: Final Design Services include the Non-Membrane System Improvements.
Presented Average Probable Costs
Description Option No. 1
With
Manufacturers
A, C, D as of
August, 2014
(ENR CCI = 9870)
Option No. 1
Adjusted for
Inflation and in
FY2016-FY2019
C.I.P.
Proposal - Membrane Equipment and
Modules
$3,600,000 $3,681,000
Sub-Total –Other Equipment and
Construction
$3,848,000 $4,003,000
Sub-Total –Professional Services
(Design and Construction Related Services)
$1,247,500 $1,247,500
Sub-Total - Contingency $612,500 $818,500
Total Opinion of Probable Cost of Capital
Improvements
$9,308,000 $9,750,000
Description Recommendation
Review of WTP
Planning Effort
No Action Recommended
Public Works
Committee
Action
Asking for Committee’s Recommendation to City Council for:
1. Approve 14 mgd Membrane System Based On Manufacturer with
Highest Total Points
2. Approve Strand Associates’ Final Design Task Order 16-01
3. Evaluate Construction Timeline During Final Design For Possible
Deduct
Engineer’s and Staff’s Recommendation
for Tonight’s Meeting
Discussion and Questions