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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. BLH:mro\R:\MAD\Documents\Agreements\L\Lake Forest, City of<n.)\TSA.2012\TO\2016\3746.012.16-01.docx 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 BLH:mro\R:\MAD\Documents\Agreements\L\Lake Forest, City of (IL)\TSA.2012\TO\2016\3746.012.16-01.docx 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 BLH:mro\R:\MAD\DocumeDts\Agreements\L\Lake Forest, City of (IL)\TSA.2012\TO\2016\3746.012.16-01.docx 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