Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
RESOLUTIONS-2014-094-R-14
11 /24/2014 94-R-14 A RESOLUTION Authorizing the City Manager to Execute the Local Agency Agreement with the Illinois Department of Transportation and the Construction Engineering Services Agreement with Hampton, Lenzini and Renwick, Inc., for Federal Participation in the Phase III Construction of the Dempster Street Traffic Signal Upgrade and Coordination Project WHEREAS, the City of Evanston ("City") and the Illinois Department of Transportation (°IDOT), in the interest to promote safe and efficient roadway system, desire to upgrade construction and the Construction Engineering Services Agreement, as well as coordinate the traffic signals on Dempster Street (See map, attached hereto as Exhibit A, said services to be identified as State Section: 12-00262-00-TL, State Job: C-91-467-12, and Project Number: CMM-4003(048) (hereinafter, the "PROJECT'); and WHEREAS, the parties hereto are desirous of said PROJECT in that same will be of immediate benefit to the residents of the area and will be permanent in nature; and WHEREAS, the State of Illinois and the City wish to avail themselves of Federal funds committed to improve this PROJECT; and WHEREAS, the City would like to enter into a Construction Engineering Services Agreement with consultants Hampton, Lenzini and Renwick, Inc., to provide construction engineering services; and WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to enter into said Agreements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 94-R-14 SECTION 1: That the City Manager is hereby authorized to execute and the City Clerk hereby authorized to attest to the Local Agency Agreement for Federal Participation made with IDOT, attached hereto as Exhibit B, and the Construction Engineering Services Agreement with Hampton, Lenzini and Renwick, Inc., attached hereto as Exhibit C, and all made a part hereof. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreements as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 94-R-14 shall be in full force and effect from and after its passage and approval in the manner provided by law. Att Rodney reene, Zity Clerk Adopted: '6eCQMV4-Q r , 2014 Elimeth B. Tisdahl, Mayor -2- 94-R-14 EXHIBIT A Project Location Map -3- 3600 135001 3400 133001 3200 131 The City of Evanston Dempster Street Signal Interconnect Project � Street Numbers -T _ 28D0 GL--- _ Cifv Limits n SHERIDAN 0. ¢ L 2100 PMK ❑' I '�iJ S. U N P� � '� ING (DE 2)00 x FiORD 14w N Z��❑ IIa�m q LM 510N � idnm:ip � 'a MONTICEL '^� — 2600 .Ti—� ❑ O IFZ ST. �[ G ELLOR -$iADI - 'd ^ ti �� 0 Q L6-O— LL ®� 2600 0 0 0❑ 7❑ LE L Si. N ��� O CENTRA U FEN---S . 2500 ` —❑ I� 0 �'-I HAR N ElU ST./ �'� M� 2500 N�Sk i RDSALI 2w0 �' i < ; S ���kS;—,III t�l l_'^`Y sT ❑ Da ❑ � INCO r. uNco sr. _ > 2a00 I�Qa'���i 33� CJ o a �•a 1:0LF ST pe LJ coLF ST 2300 + LJ LJ U El0 LRwT 5r ❑ � P a�.)", G 5T DA T 2300 22.0 Ofl Y P ND1 ST. NO ❑ 2200 1—I 9i.H I. 5 LE 00 21 ❑ SIMP ST. ❑ a U �❑ O ❑ ❑ ❑5 MOS ST � lC-0BHBi � 2100 C\tM L1mU. IQ nI�f IEON B zoao \SP�1 QT R s . a �� a FO. z000 \\\\ 1900 \ S � WRN PL - 1900 l a❑��❑ � � o aE N .C� 1800 p�L� w < a ❑r I'l UNNER 1800 1700 nI I 1)00 — L�1 R ST. t � CHURCH S . � ❑❑ ❑� //^/ a — ,600 n CIA S ¢ t 600 Evanston ❑ OA Ij SST ❑ ❑ ❑ ❑ W'JL=.1lY GR I ToxnsniP w O ®OI �J ❑ GR Oq0 & 1"'� M. HIp1 SCHOOL a IUL-1 �O � I500 OF TwE --- ❑ ❑ LAl(E Si. S O O ❑ ❑ ❑ ❑ �10 DS CITY /O���F EVANSTON E C NW D❑ O U 0 1 T i ❑ ❑ ] I..0 aG NWD 5T. .� 1300 WIC C011Iliya �O18 ��� TNELN ❑ � L J � � � O �Ill ii DDEE PST ��G+-� 130 1200 NM L 1200 raWer Y T�O_�pstar ""PIST ❑' O ON ICJ ❑ ❑ Q 1100 HerbW 6 Dempft ...--. f. R� 1�LI T � ❑ ❑ ❑ ❑ ❑ 1�GnI N F S /1 t 100 100I, p E1EY EL�IIOW E�,� i LEE ST. T❑ S�P❑ ® of ST ❑ �1`� 1000 900 Shopgng Plus DM & �Bm� / OI+Lcrl ¢C.orn ��,' TI 3 MAIN ST ©� I-P�MAIN ST. LJ ❑ �❑ ❑❑����t11 ow 800 B ster I ;4 N ON $T. O ❑ BO0 N HIN 'YJS❑ �� IE� 8 �� -_ _$h�-'❑ ❑i��CL N9;❑o�❑REB ❑❑PL ❑ 200 Asbury & U6R�f r❑o❑O i )_0 600861Cipo6wW 500 WAB LIT = S UTH ❑ la lI 50 •'lI1C•9A'f'•IIIC•,Jlll �p 500 WKTON Si. ®O O O OAKTO $T. ❑ p < O 0 D. Scale 3 � _ —UST. 1991 K ❑ HULL T a 6a(ev0 6m.mu9 EO Robot F. ,bmo ' ' I TL — 300 ❑ -PARK- w g L RD T o O OMULFOR �nI P 300 � IWlVARO MV ��I-RD���Tf u 200 G City Limit. 200 -C RUMME T. a l j DOBSON a'. I DOBSON ST. ❑ tDD � NowARo sT. �] o � ❑ © � ® ❑ �❑ 100 city Limlta L� SI-1 NUmb.rs i �40(2300I2200I 2100 kOD49011800h7Od1600I15CDI110011300I1200I1100I1000I900IB001 700 1 60 15001a00 I300I200I 100I 500 I.00I 300120011001 94-R-14 EXHIBIT B Local Agency Agreement for Federal Participation �4� IGnois Local Agency State Contract Day Labor Local Contract RR Force Account �9J Departrnent TldnSpOrtatiOn City of Evanston X Local Agency Agreement Section Fund Type ITEP and/or SRTS Number for Federal Participation 12-00262-00-TL STA Construction Enaineerina Riaht-of-Wav Job Number Project Number Job Number Project Number Job Number Project Number C-91-467-12 CMM-4003(048) This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LA, approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as "FHWA". Location Local Name Dempster Street Route FAU 3727 Length 0.5 mile Termini Fowler Avenue to Dodge Avenue Current Jurisdiction State TIP Number 02-12-0006 Existing Structure No n/a Project Description Construction and Construction Engineering to modernize and interconnect traffic signals at intersections with Fowler Avenue, Hartrey Avenue, Evanston Plaza and Dodge Avenue. Division of Cost Type of Work CMAQ % STATE % LA % Total Participating Construction 640,000 ( ) ( ) 163,500 ( BAL ) 803,500 Non -Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering 76,800 ( ) ( ) 41,500 ( BAL ) 118,300 Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 716,800 $ $ 205,000 $ 921,800 " Maximum CMAQ participation 80% not to exceed $716.800 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. Local Agency Appropriation By execution of this Agreement, the LA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LA share of project costs. A copy of the resolution or ordinance is attached as an addendum. Method of Financing (State Contract Work) METHOD A —Lump Sum (80% of LA Obligation) METHOD B— Monthly Payments of due by the of each successive month. METHOD C—LA's Share divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 11/20/2014 Page 1 of 5 BLR 05310 (Rev. 10/06/14) Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LA's estimated obligation incurred under this Agreement. The LA will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE within thirty (30) calendar days of reciept, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C, shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LA on this or any other contract. The STATE, at its sole option, upon notice to the LA, may place the debt into the the Illinois Comptroller's Offset System (30 ILCS 105/10.05) or take such other and further action as my be required to recover the debt. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed on 11/20/2014 Page 2 of 5 BLR 05310 (Rev. 10/06/14) (14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of worts. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from [DOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery; bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. Printed on 11/20/2014 Page 3 of 5 BLR 05310 (Rev. 10/06/14) (25) (Single Audit Requirements) That if the LA expends $500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. LA's that expend less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (Office of Finance and Administration, Audit Coordination Section, 2300 South Dirksen Parkway, Springfield, Illinois, 62764), within 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration (CCR)), which is a web -enabled government -wide application that collects, validates, stores, and disseminates business information about the federal government's trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: https://www.sam.00v/aortal/public/SAM/#1. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said biliings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties; their successors and assigns. (4) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT — assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). In the absence of a USDOT — approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (5) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et sea.) unless the provisions of that Act exempt its application Printed on 11/20/2014 Page 4 of 5 BLR 05310 (Rev. 10/06/14) ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1- Location Mao. Number 2 — Local Aoorooriation Resolution. (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED APPROVED Local Agency Wally Bobkiewicz Name of Official (Print or Type Name) City Manager Title (County Board Chairperson/Mayor/Village President/etc.) (Signature) Date The above signature certifies the agency's TIN number is 36-6005870 conducting business as a Governmental Entity. DUNS Number 074390907 State of Illinois Department of Transportation Erica J. Borggren, Acting Secretary Date By: Aaron A. Weatherholt, Deputy Director of Highways Date Omer Osman, Director of Highways/Chief Engineer Date Michael A. Forti, Chief Counsel Date Tony Small, Director of Finance and Administration Date NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. Printed on 11/20/2014 Page 5 of 5 BLR 05310 (Rev. 10/06/14) 94-R-14 EXHIBIT C Construction Engineering Services Agreement for Federal Participation �5� Local Agency Consultant City of Evanston L li nois DeparbrTWIt Hampton, Lenzini and Renwick, Inc. p of Transportation C County C O Address Cook A N 380 Shepard Drive Section L S City 12-00262-00-TL U Elain Project No. A Construction Engineering L State CMM-4003(0481 G Services Agreement IL T Job No. For Zip Code C-91-467-12 E Federal Participation A -M23 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Rajeev Dahal / 847-448-8159 C T Amy McSwane / 847-697-6700 RDahal@cityofevanston.org Y amcswane@hlreng.com THIS AGREEMENT is made and entered into this day of I between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT described herein. Federal -aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director Division of Highways, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LA in immediate charge of the engineering details of the PROJECT In Responsible Charge A full time LA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Project Description Name Dempster Street Route FAU 3727 Length 0.5 Structure No. n/a Termini Fowler Avenue to Dodge Avenue Description: Construction and Construction Engineering to mdernize and interconnect traffic signals at intersections with Fowler Avenue, Hartrey Avenue, Evanston Plaza and Dodge Avenue. Agreement Provisions I. THE ENGINEER AGREES, To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT hereinbefore described and checked below: ® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform testing as noted below. ❑ b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. ® c. For soils, to obtain samples and perform testing as noted below. ❑ d. For aggregates, to obtain samples and perform testing as noted below. NOTE: For 1a. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR "Project Procedures Guide", or as indicated in the specifications, or as attached herein by the LA; test according to the STATE BMPR "Manual of Test Procedures for Materials", submit STATE BMPR inspection reports; and verify compliance with contract specifications. Page 1 of 8 BLR 05611 (Rev. 11/21/13) Printed on 10/27/2014 2:28:52 PM ❑ e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR "Project Procedures Guide' and the policies of the STATE. ® f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. ® g. Inspect, document and inform the lA employee In Responsible Charge of the adequacy of the establishment and maintenance of the traffic control. ® h. Geometric control including all construction staking and construction layouts. ® i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. ® j. Measurement and computation of pay items. ® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® 1. Preparation and submission to the lA by the required form and number of copies, all partial and final payment estimates, change orders, records, documentation and reports required by the LA and the STATE. ® m. Revision of contract drawings to reflect as built conditions. ® n. Act as resident construction supervisor and coordinate with the lA employee In Responsible Charge. 2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the IA employee In Responsible Charge. 4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without the written consent of the IA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6• The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the IA employee In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value, to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction engineering completed) of the fixed fee for the fully completed work. 7. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors, omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER's error, omission or negligent act, the ENGINEER shall indemnify the LA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. 10. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT; Page 2 of 8 BLR 05611 (Rev. 11/21/13) Printed on 10/27/2014 2:28:52 PM b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; f) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) of this certification; and g) have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default. 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT. 14. To be prequalified with the STATE in Construction Inspection when the ENGINEER or the ENGINEER's assigned staff is named as resident construction supervisor. The onsite resident construction supervisor shall have a valid Documentation of Contract Quantities certification. 15. Will provide, as required, project inspectors that have a valid Documentation of Contract Quantities certification. II. THE LA AGREES, 1. To furnish a full time LA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee Formulas ® FF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or ❑ FF = 14.5%[(2.3 + R)DL + IHDC] Where: DL = Direct'Labor IHDC = In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R = Complexity Factor FF=Fixed Fee SBO = Services by Others Total Compensation = DL +IHDC+OH+FF+SBO Specific Rate ❑ (Pay per element) Lump Sum ❑ Page 3 of 8 BLR 05611 (Rev. 11/21/13) Printed on 10/27/2014 2:28:52 PM 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 7. To submit approved form BC 775 (Exhibit C) and BC 776 (Exhibit D) with this AGREEMENT. 111. It is Mutually Agreed, 1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the LA employee In Responsible Charge. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. 3. That all field notes, test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be delivered to, the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. Page 4 of 8 BLR 05611 (Rev. 11/21/13) Printed on 10/27/2014 2:28:52 PM That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in numbered paragraph 1f of Section I. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, "grantee' or "contractor" means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance program; and (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT -assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate. Page 5 of 8 BLR 05611 (Rev. 11%21/13) Printed on 10/27/2014 2:28:52 PM Agreement Summary Prime Consultant: Hampton, Lenzini and Renwick, Inc. Sub -Consultants: I Rubino Engineerinq, Inc. AES Services, Inc. Executed by the LA ATTEST: By: (SEAL) Executed by the ENGINEER: ATTEST: By: Title: Corporate Treasurer. Clerk TIN Number 36-2555986 TIN Number 36-4302511 36-3433209 Agreement Amount $106,257.01 ] Agreement Amount $7,623.00 $4,408.77 Sub -Consultant Total: 12031.77 Prime Consultant Total: 106257.01 Total for all Work: 118288.78 City of Evanston (Municipality/Township/County) By: Title: Hampton, Lenzini and Renwick, Inc. By: Title: C.E.O. / President Page 6 of 8 BLR 05611 (Rev. 11/21/13) Printed on 10/27/2014 2:28:52 PM Exhibit A - Construction Engineering Route: Dempster Street (Fowler to Dodge) Local City of Evanston *Firm's approved rates on file with (Municipality/Township/County) Bureau of Accounting and Auditing: Section: 12-00262-00-TL Project: CMM-4003(048) Overhead Rate (OH) 155.00 % Job No.: C-91-467-12 Complexity Factor (R) 0.00 Calendar Days 93 Cost Plus Fixed Fee Methods of Compensation: Fixed Fee 1 ® 14.5%[DL + R(DL) + OH(DL) + IHDC] Fixed Fee 2 ❑ 14.5%[(2.3 + R)DL + IHDC] Specific Rate ❑ Lump Sum ❑ Cost Estimate of Consultant's Services in Dolla s Element of Work Employee Classification Man- Payroll Payroll Costs Overhead Services by In -House Fixed Fee Hours Rate (DL) (OH*DL) Others Direct Costs (FF) Total (SBO) (IHDC) Precon Activities AVG RATE 30.00 $34.99 $1,049.70 $1,627.03 $0.00 $0.00 $388.12 $3,064.85 Construction Obs. AVG RATE 917.00 $27.64 $25,345.88 $39,286.11 $0.00 $6,045.00 $10,248.16 $80,925.15 Final Quantities AVG RATE 40.00 $26.86 $1,074.40 $1,665.32 $0.00 $0.00 $397.25 $3,136.97 Closing Docs. AVG RATE 86.00 $26.86 $2,309.96 $3,580.43 $2,302.93 $0.00 $854.10 $9,047.42 Administration AVG RATE 32.00 $45.42 $1,453.44 $2,252.83 $0.00 $0.00 $537.40 $4,243.67 Temp. Timing AVG RATE 24.00 $51.64 $1,239.36 $1,921.00 $0.00 $0.00 $458.25 $3,618.61 Optimization AVG RATE 30.00 $51.64 $1,549.20 $2,401.26 $2,105.84 $0.00 $572.81 $6,629.11 Material Testing I I I I I I $7,623.00 $7,623.00 I I I Totals I I I I I 11,159.0 I I I I I I $34,021.94 $52,733.98 $12,031.77 I I I I I I $6,045.00 $13,456.09 $118,288.78 Page 7 of 8 BLR 05611 (Rev. 01/10/12) Printed on 10/27/2014 2:28:52 PM D F-824-039 REV 12/04 FIRM Hampton, Lenzini & Renwick PSB PRIME/SUPPLEMENT PAYROLL AVG TOTAL PROJECT RATES HOURLY Hours CLASSIFICATION RATES PRINCIPAL 70.00 0 (ENGINEER 6 51.64 78 (ENGINEER 5 47.15 36 (ENGINEER 4 41.80 0 ENGINEER 3 37.99 0 ENGINEER 2 35.45 0 ENGINEER 1 26.86 1015 TECHNICIAN 3 34.59 0 TECHNICIAN 2 27.89 0 TECHNICIAN 1 1 20.13 0 INTERN/TEMP 1 12.50 0 LAND ACQUISITION 38.71 0 SURVEY 2 1 33.64 0 SURVEY 1 23.23 8 (ENVIRONMENTAL 28.08 8 (ENVIRONMENTAL 16.15 0 (ADMINISTRATION 2I 43.70 16 (ADMINISTRATION 11 22.77 0 I I 0 I I 0 I I 0 I I 0 I I 0 I I 0 I 0 I 0 I 0 AVERAGE HOURLY PROJECT RATES DATE 10/27/14 SHEET 1 OF 2 Precon Activities Construction Obs. Final Quantities Closing Documentation Administration % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg 6.72% 3.47 8 25.00% 12.91 16 1.74% 0.90 3.10% 1.46 4 12.50% 5.89 16 1.74% 0.82 16 50.00% 23.57 87.42% 23.48 4 12.50% 3.36 885 96.51% 25.92 40 100.00% 26.86 86 100.00% 26.86 0.69% 1 0.16 0.69% I 0.19 I 1.38% I 0.60 I I 8 8 25.00% 25.00% 5.81 7.02 16 50.00% 21.85 I I I I I I I I I I I I I I I I I I TOTALS 1 1161 1 100% 1 $29.37 32 1 100.00% 1 $34.99 917 1 100% 1 $27.64 40 1 100% I $26.86 86 1 100% I $26.86 32 1 100% I $45.42 PREPARED BY THE AGREEMENTS UNIT Printed 10/27/2014 2:25 PM D F-824-039 REV 12/04 AVERAGE HOURLY PROJECT RATES FIRM Hampton, Lenzini & Renwick PSB DATE 10/27/14 PRIME/SUPPLEMENT SHEET 2 OF 2 PAYROLL AVG Material Testing Temp. Timing Optimization HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg PRINCIPAL 70.00 (ENGINEER 6 51.64 24 100.00% 51.64 30 100.00% 51.64 (ENGINEER 5 47.15 (ENGINEER 4 41.80 ENGINEER 3 37.99 ENGINEER 2 35.45 ENGINEER 1 26.86 TECHNICIAN 3 34.59 TECHNICIAN 2 27.89 TECHNICIAN 1 20.13 INTERN/TEMP 12.50 LAND ACQUISITIOP 38.71 SURVEY 2 33.64 SURVEY 1 23.23 I ENVIRONMENTAL: 28.08 I ENVIRONMENTAL' 16.15 I I 1 (ADMINISTRATION : 43.70 1 1 I 1 1ADMINISTRATION 1 I I i I I I 22.77 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I r- ------ -0% I I I I I I I TOTALS 0 I I $0.00 24 100% $51.64 30 o 100 /o $51.64 0 0 0 /o $0.00 0 0- 0 /o $0.00 0 0 /o $0.00 PREPARED BY THE AGREEMENTS UNIT Printed 10/27/2014 2:25 PM Exhibit B Illinois Department of Transportation Prime Consultant Name Hampton, Lenzini and Renwick Address 380 Shepard Drive Telephone 847-697-6700 TIN Number Project Information Local Agency City of Evanston Section Number 12-00262-00-TL Project Number CMM-4003(048) Job Number C-91-467-12 Engineering Payment Report This form is to verify the amount paid to the Sub -consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub -consultant for the amount listed below. Sub -Consultant Name TIN Number Actual Payment from Prime Rubino Engineering, Inc. 36-4302511 AES Services, Inc. 36-3433209 I I Sub -Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. For information about IDOTs collection and use of confidential information review the department's Identitv Protection Policv. Page 8 of 8 BLR 05613 (Rev. 11/21/13) Printed on 10/27/2014 2:28:52 PM DF-824-039 REV 12/04 PAYROLL ESCALATION TABLE FIXED RAISES FIRM NAME Hampton, Lenzini & Renwick DATE 10/27/14 PRIMEISUPPLEMENT PTB NO. CONTRACT TERM 12 MONTHS OVERHEAD RATE 155.00% START DATE 5/1/2015 COMPLEXITY FACTOR 0 RAISE DATE 1/1/2016 % OF RAISE 3.00% ESCALATION PER YEAR 1 5/1/2015 - 1/1/20161 1 1/2/2016 - 5/1/2016 8 4 12 12 = 66.67% 34.33% 1.0100 The total escalation for this project would be: 1,00% Bureau of Design and Environment Printed 10/27/2014 2:25 PM FIRM NAME PRIME/SUPPLEMENT PS13 NO. CLASSIFICATION PRINCIPAL ENGINEER 6 ENGINEER 5 ENGINEER 4 ENGINEER 3 ENGINEER 2 ENGINEER 1 TECHNICIAN 3 TECHNICIAN 2 TECHNICIAN 1 INTERN/TEMP LAND ACQUISITION SURVEY 2 SURVEY 1 ENVIRONMENTAL 2 ENVIRONMENTAL 1 ADMINISTRATION 2 ADMINISTRATION 1 PAYROLL RATES Hampton, Lenzini & Ren DATE ESCALATION FACTOR 1.00% CURRENT RATE (CALCULATED RATE $70.00 $70.00 $51.13 $51.64 $46.68 $47.15 $41.39 $41.80 $37.61 $37.99 $35.10 $35.45 $26.59 $26.86 $34.25 $34.59 $27.61 $27.89 $19.93 $20.13 $12.38 $12.50 $38.33 $38.71 $33.31 $33.64 $23.00 $23.23 $27.80 $28.08 $15.99 $16.15 $43.27 $43.70 $22.54 $22.77 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10/27/14 DF-824-039 REV 12/04 PREPARED BY THE AGREEMENTS UNIFTrinted 10/27/2014 2:25 PM Illinois Departmeni df Twansportation Direct Costs Check Sheet COMPANY NAME: Hampton, Lenzini & Renwick, Inc. PTB NUMBER: TODAY'S DATE: 10/27/2014 BOARD) Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Air Fare Vehicle Mileage'(per GOVERNOR'S TRAVEL CONTROL BOARD) Vehicle Owned or Leased Vehicle Rental Tolls Parking Overtime Shift Differential Overnight Delivery/Postage/Courier Service Copies of Deliverables/Mylars (In-house) Copies of Deliverables/Mylars (Outside) Project Specific Insurance Monuments (Permanent) Photo Processing 2-Way Radio (Survey or Phase III Only) Telephone Usage (Traffic System Monitoring On CADD Web Site Advertisements Public Meeting Facility Rental Public Meeting Exhibits/Renderings & Equipment Recording Fees Transcriptions (specific to project) Courthouse Fees Storm Sewer Cleaning and Televising Traffic Control and Protection Aerial Photography and Mapping Utility Exploratory Trenching Testing of Soil Samples' Lab Services' Equipment and/or Specialized Equipment Rental ON Up to state rate maximum (Actual cost (Up to state rate maximum) i °Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval Up to state rate maximum $32.50/half day (4 hours or less) or $65/full day X Actual cost (Up to $55/day) Actual cost Actual cost :Premium portion (Submit supporting documentation) !Actual cost (Based on firm's policy) 'Actual cost (Submit supporting documentation) !Actual cost (Submit supporting documentation) `Actual cost (Submit supporting documentation) (Actual cost 'Actual cost !Actual cost I !Actual cost Actual cost ;Actual cost (Max $15/hour) E !Actual cost (Submit supporting documentation) 'Actual cost (Submit supporting documentation) !Actual cost (Submit supporting documentation) �Actual cost (Submit supporting documentation) !Actual cost ;Actual cost !Actual cost Actual cost (Requires 2-3 quotes with IDOT approval) Actual cost (Requires 2-3 quotes with IDOT approval) Actual cost (Requires 2-3 quotes with IDOT approval) Actual cost (Requires 2-3 quotes with IDOT approval) !Actual cost ;Actual cost (Provide breakdown of each cost) 'Actual cost (Requires 2-3 quotes with IDOT approval) 'It other allowable costs are needed and not listed, please add in the above spaces provided. LEGEND W.O. = Work Order J.S. = Job Specific • $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 93 $65.00 $6,045.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00, $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 i $0.00 $0.00 $0.00 $0.00, $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 _.....__ $0.00, $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. $0.00 $0.00 $0.00 $0.00 $0.00 ! $0.00 $0.00 PRINTED 10/27/2014 BDE 436(Rev. 09/30/13) CONSTRUCTION ENGINEERING MANHOURS PROJECT: Dempster Street Traffic Signals MEETING DATE: IN ATTENDANCE: 1. Calender Days Services are to be Provided: 19 Weeks x 7 = 133 Days 2. Work Days: Total Days 133 Minus Sundays 19 Minus Saturdays 19 Minus Holidays 2" Total Weekdays 93 Each Saturdays Each 3. Hours Required Per Day for Construction Observation: Weekdays 8 Regular+ 1 Overtime= 9.5 (Use 1.5 hours to account for overtime pay.) Saturdays -Overtime = (Use hours to account for overtime pay.) 4. Pre -Construction Activities: Project Site Video Total Hours Project Website Total Hours CCDD Analysis 8 Total Hours 5. Construction Observers to be Provided: 1 Full Time 1 Part Time 6. Project Engineer Time: Weekdays Hours/Day Saturdays Hours/Day 7. Project Principal Time: Hours/Week 8. Provide Construction Staking: 8 Hours/Day Total Days 1 Hours/Day Hours/Day Manhours Required Budget Class per Item 0.0 0.0 ENV2 8.0 E1 885.0 E6 1 16.0 I E5 I 16.01 S1 8.01 1 1 G:\Agreements\Municipal\Evanston\Dempster St Traffic Signals 2012\Phase III\DempsterStPhaselll REVISED 10/27/20142:37 PM 1of2 CONSTRUCTION ENGINEERING MANHOURS 9. Preconstruction Meeting: Project Principal Project Engineer Project Observer 10. Documentation Requirements: Daily Payment Estimate Change Orders Shop Drawings 11. Final Quantitites: Measurement Computation 12. Closing Documentation Requirements: Payment Estimate Change Orders Other Documents Record Drawings Subtotal 13. Project Administration 14. Conferences 15. Clerical 16. Quality Control: By :Rubino (Include in HLR agreement X 17. Total Projected Cost of Construction Total Manhour Requirements Manhours Required Budget Class per Item 4' Hours E5 4.01 _4. Hours El 4.01 _Hours Hours Hours/Month Hours/Month 8 Hours 16 Hours 24 Hours 2 Hours 4 Hours 80 Hours Hours of above subtotal of above subtotal of above subtotal Yes No) E6 8.01 El 16.01 E1 24.01 E1 ) 2.01 E1 4.01 E1 80.01 T1 E5 16.01 f 0.01 ADMIN2 , ,� 16.01 1 0.01 1107 Hours G:\Agreements\Municipal\Evanston\Dempster St Traffic Signals 2012\Phase III\DempsterStPhaselll REVISED 10/27/20142:37 PM 2of2 Illinois Department of Transportation Local Public Agency Resident Construction Supervisor/ In Responsible Charge John Fortmann, P.E. County Cook Deputy Director Division of Highways Regional Engineer Municipality City of Evanston Section 12-00262-00-TL Department of Transportation Route FAU 3727 201 West Center Court Contract No. Schaumburg, Illinois 60196 Job No. C-91-467-12 Project CMM-4003(048) ❑ I recommend the following individual as a local public agency employee qualified to be resident construction supervisor and to be in responsible charge of this construction project. ❑ I certify that I am in responsible charge as defined by the department of this construction project. Since the local public agency does not have a local public agency employee qualified to be the resident construction supervisor, I am recommending a consulting engineer to serve as resident construction supervisor. Date Nlck Piekarski E.L. Applicants Name (Type or Print) Signature and Title (for the Local Public Agency) The following describes my educational background, experience and other qualifications to be resident construction supervisor of this construction project for the Local Public Agency. For Consultants: I certify that my firm is prequalified in Construction Inspection and my Documentation of Contract Quantities certificate number is 12-0024. Date Signature of Applicant Job Title of Applicant Based on the above information and my knowledge of the applicant's experience and training, it is my opinion that the applicant is qualified to serve as the resident construction supervisor on this construction project. Approved Date Deputy Director Division of Highways Regional Engineer cc: Engineer of Local Roads and Streets, Central Bureau of Local Roads and Streets Engineer of Construction, Central Bureau of Construction Resident Construction Supervisor Local Public Agency Printed 10/27/2014 Page 1 of 2 BC 775 (Rev. 01/10/12) Instructions for Preparation of Form BC 775 23 CFR 635.105 requires that the state transportation department (STD) has responsibility for the construction of all Federal - aid projects, and is not relieved of such responsibility by authorizing performance of the work by a local public agency or other Federal agency. When a project is located on a street or highway over which the STD does not have legal jurisdiction, or when special conditions warrant, the STD, while not relieved of overall project responsibility, may arrange for the local public agency having jurisdiction over such street or highway to perform the work with its own forces or by contract. In those instances where a local public agency elects to use consultants for construction engineering services, the local public agency shall provide a full-time employee of the agency to be in responsible charge of the project. The full-time local public agency employee in responsible charge of the project shall perform the following duties and functions: • Administer inherently governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of projects; • Maintain familiarity of day to day project operations, including project safety issues; • Make or participate in decisions about changed conditions or scope changes that require change orders or supplemental agreements; • Visit and review the project on a frequency that is commensurate with the magnitude and complexity of the project; • Review financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Direct project staff, agency or consultant, to carry out project administration and contract oversight, including proper documentation; and • Aware of the qualifications, assignments and on-the-job performance of the agency and consultant staff at all stages of the project. The Department of Transportation, in accordance with the requirements, requires the local public agency to identify the local public agency employee who will be in responsible charge of each Federal -Aid project which will be constructed under the supervision of the county, municipality or other public agency. County Engineers, Municipal Engineers, and full-time local public agency employees registered as a professional engineer should be identified in the pre -construction meeting minutes. All other resident construction supervisors must submit their qualifications on this form for approval by the department. Resident construction supervisors who are consultants shall be certified in Documentation of Contract Quantities and their firm shall be prequalified in Construction Inspection. This form will be completed by the applicant, endorsed by a representative of the local public agency, and submitted to the Deputy Director Division of Highways, Regional Engineer prior to the start of construction. This signatory for the local public agency should be the County Engineer or Municipal Engineer, as applicable. In the event a municipality does not have a Municipal Engineer, the applicant will be recommended by the appropriate municipal authority. If a consultant is named on this form, the approved form will be included as an attachment to the appropriate construction engineering consultant agreement. This document should be discussed as part of the preconstruction conference and a copy of the approved form retained with the preconstruction meeting minutes. Printed 10/27/2014 Page 2 of 2 BC 775 (Rev. 01/10/12) Illinois Department of Transportation John Fortmann, P.E. Deputy Director Division of Highways Regional Engineer Department of Transportation 201 West Center Court Schaumburg, Illinois 60196 Local Public Agency Construction Inspector County Cook Municipality City of Evanston Section 12-00262-00-TL Route FAU 3727 Contract No. Job No. C-91-467-12 Project CMM-4003(048) consider the following individual to be qualified as a local public agency construction inspector. In addition, I certify that adequate instruction has been given this individual concerning the requirements of the contract, specifications and construction manual which pertain to the work which he/she will inspect. This individual has been instructed on the proper procedures for any necessary tests. Furthermore, if a consultant, this individual has a valid Documentation of Contract Quantities certification. Approved Date Signature and Title of Resident Construction Supervisor Nick Piekarski E.I.. Applicants Name (Type or Print) The following describes the educational background, experience and other qualifications of the named applicant to serve as an inspector on this project. For Consultants Employees: Documentation of Contract Quantities certificate number is 12-0024. Mr. Piekarski has assisted with resident engineering services on several roadway and bridge projects. He has been responsible for administration, coordination, and inspection of various construction projects including bridges , annual roadway reconstruction, sidewalk and water main replacement.. Mr. Piekarski is responsible for ensuring specification compliance and the timely completion of all project -related documentation.. His resident engineer and documentation experience includes the following projects: 1. Roadway Resurfacing 2014 - Village of Downers Grove 2. US Rte 20 over McLean Blvd - Illinois Department of Transportation 3. Watermain Improvements - Elgin Community College 4. Watermain & Sewer Improvements 2012, 2013 - Village of Streamwood 5. Bowes Road at Randall Road - Kane County Department of Transportation 6. Schmale Road Traffic Signals - DuPage County Division of Transportation Mr. Piekarski is an Engineering Intern and has a B.S. in Civil Engineering from the University of Dayton. He has 4 years of construction engineering experience. He has been working with Hampton, Lenzini and Renwick, Inc. for 4 years. If the Resident from BC-775 is a consultant, the local public agency employee in responsible charge must also approve this individual. Approved Date Signature and Title of In Responsible Charge from BC-775 Printed 10/27/2014 Page 1 of 2 BC 776 (Rev. 1/10/12) Instructions for Preparation of Form BC 776 23 CFR 635.105 requires that the state transportation department (STD) has responsibility for the construction of all Federal - aid projects, and is not relieved of such responsibility by authorizing performance of the work by a local public agency or other Federal agency. A consultant may be utilized for periodic examination and consultation or for full-time technical inspection of construction. However, the prime responsibility for general supervision of the construction must remain with the state. The state (or county or municipality under agreement with the state) cannot be relieved of its responsibility to ensure that the work is performed in accordance with the approved project plans, specifications and estimate. Therefore, the Department of Transportation requires the local public agency to submit the qualifications of all personnel who will be assigned to construction layout and inspection duties on each Federal -Aid project which will be constructed under the supervision of the county, municipality or other local public agency. This form will be approved by the resident construction supervisor. If the resident construction supervisor is a consultant, this form will also be approved by the local public agency employee in responsible charge. If a consultant is named on this form, the approved form will be included as an attachment to the construction engineering consultant agreement. The approved form will be submitted to the Deputy Director Division of Highways, Regional Engineer prior to the start of construction. This form should be discussed as part of the preconstruction conference and a copy of the approved form retained with the preconstruction meeting minutes. Printed 10/27/2014 Page 2 of 2 BC 776 (Rev. 1/10/12) October 3, 2014 To: Doug Paulus, P.E. Hampton Lenzini and Renwick Inc. 380 Shepard Drive Elgin, Illinois 60123 P 847.697.6700 Via email: doaulusO-hlrena.com Dear Mr. Paulus, PROPOSAL Re: Quality Assurance Testing Services Dempster Street (F.A.U. 3727) Section 12-00262-00-TL Evanston, Illinois Rubino Proposal # Q14.251 Rubino Engineering, Inc. is pleased to submit the following proposal to provide QA construction materials testing and inspection services on an intersection improvement project on Dempster Street in Evanston, Illinois. PROJECT UNDERSTANDING Rubino Engineering, Inc. received material quantities from you on October 3, 2014 and the following outlines our understanding of the requested scope of services: Proiect Name and Descriotion Dempster Street Intersection Improvement Project • Dempster and Fowler • Dempster and Hartrey • Dempster and Evanston Plaza • Dempster and Dodge General Scooe of Services ■ QA Field testing of uncured concrete — Slump, air, temperature, and casting of cylinders ■ QA Laboratory testing of cured concrete — Strength ■ QA Field testing of hot mix asphalt (HMA) — Density by the nuclear method ■ QA Laboratory testing of HMA— Bulk SG, Max SG, and Loss on Ignition Extras ■ Re -inspection for failed tests ■ Work areas not ready for inspection at the time scheduled ■ Delays by the contractor ■ Cancellations Rubino Engineering, Inc. proposes to provide experienced, technical personnel to perform the requested testing in general accordance with the client -provided project specifications. If any of the above information is incorrect, please notify us or change it on the signed copy of the proposal. FEES The work will be accomplished on a unit price basis in accordance with the Rubino Engineering, Inc. Schedule of Services and Fees, and will be performed pursuant to the attached General Conditions. Copies of our Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal. Rubino Engineering, Inc.'s fees will be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed by the client's request. The fees charged under this agreement are subject to change 6 months from the date of the proposal. Rubino Engineering, Inc. • 665 Tollgate Rd. • Unit H • Elgin, IL 60123 • (847) 931-1555 9 (847) 931-1560 fax Dempster Street Intersection Improvement Project Quality Assurance Testing Services Proposal No: Q14.251 October 3, 2014 Rubino Engineering, Inc. will proceed with the planned work only after receiving a signed copy of this proposal. Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly established. Item Description o 0 0 CD< 3 '<_ m of of � 3 CL (D m (DD A j 1D O1 N A Unit Quantity � Ct O1 W NCD S a S =r i -- Concrete Foundation, Type A j FOOT' Concrete Foundation, Type C FOOT Concrete Foundation, Type E 30-Inch Diameter FOOT Portland Cement Concrete Sidewalk, 5 Inch SQFT j Combination Concrete Curb and Gutter, Type B-6.12 FOOT Handhole EACH Heavy -Duty Handhole EACH !Double Handhole EACH I 4 GRAND TOTAL = $7,623.00 E CLOSING 3 00 to to M fA N 56 � 4 1 0.51 4 16 4 1 0.5( 4 160.5 8! 2 1! 8 1 2813 8 1 2 1 1 8 1 335 8 2 1 8 23 12 3 1.5E 12 1 5 4 1 0.5 4 4 14 1 0.5 4 q 52 0 13 :' 6.5 ` 52 3 - cfl c cri CD CD OD 4 N O O! O O I O O O Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your company. Please contact me with questions pertaining to this proposal or requests for additional services. Respectfully submitted, RUBINO ENGINEERING, INC. M*heA. Lipi E President michelle.lioinski(a)rubinoeno.com RUBINO ENGINEERING, INC. IS. AN AASHTO-ACCREDITED LABORATORY IDOT PREQUALIFIED IDOT DBE -CERTIFIED (100% WOMAN -OWNED) Rubino Engineering, Inc. Page 2 of6 Dempster Street Intersection Improvement Project Quality Assurance Testing Services Proposal No: Q14.251 October 3, 2014 AUTHORIZATION AND PROPOSAL ACCEPTANCE If this proposal is acceptable to you, Rubino Engineering, Inc. will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of signed authorization. AGREED TO, THIS DAY OF , 2014. BY (please print): TITLE: COMPANY: SIGNATURE: PROJECT INFORMATION: 1. Project Name: 2. Project Location: 3. Your Job No: Purchase Order No.: 4. Project Manager: Telephone No.: 5. Site Contact: Telephone No.: 6. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: Email: Email: IDOT Section No.: = IDOT Contract No.: IDOT Route No.: County: IDOT Job No.: _. IDOT Project No.: City: = QC Plan(s) Attached: ❑ 7. Invoicing Address: Attn: Email: 8. Other Pertinent Information Or Previous Subsurface Information Available: Rubino Engineering, Inc. Page 3 of6 Dempster Street Intersection Improvement Project Quality Assurance Testing Services Proposal No: Q14.251 October 3, 2014 Rubino Engineering, Inc. Schedule of Construction Materials Testing Services & Fees through March 1, 2014 (Illinois Prevailing Wage) LABORATORY TESTING SERVICES Compression testing of concrete cylinders by ASTM procedures Per Cylinder $ 17.00 Pick-up of samples and transportation to lab (Does not include vehicle charge) Per hour $ 87.00 Asphalt Maximum Theoretical Specific Gravity Each $ 115.00 Bulk Specific Gravity Each $ 95.00 Ignition Oven Test / Refiux Extraction + Sieve Analysis Each $ 126.00 Core Densities Each $ 40.00 Soils - Density relationship ASTM D698 - AASHTO T99 (Standard Proctor) Each $ 195.00 ASTM D1557 - AASHTO T180 (Modified Proctor) Each $ 215.00 Sample preparation for the above tests (clay samples) Each $ 40.00 MATERIAL TESTER -1 - Hand coring and drilling for testing of materials, field inspection of uncured concrete and asphalt. Per Hour $ 87.00 Per Hour Overtime (before 7am, after 3pm and Saturdays) $ 130.50 Per Hour Overtime Sundays and Holidays $ 165.30 MATERIAL TESTER - 2 - Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures. Per Hour $ 91.00 Per Hour Overtime (before 7am, after 3pm and Saturdays) $ 136.50 Per Hour Overtime Sundays and Holidays $ 172.90 EQUIPMENT CHARGES Vehicle Charge - Round Trip Per Day $ 65.00 Nuclear Density Gage Per Day $ 40.00 CORING SERVICES P.C. Concrete or Bituminous Concrete Coring - Personnel & Equipment Per Hour $ 225.00 Diamond Bit Charge, per inch diameter, per inch depth Per Inch $ 3.25 ENGINEERING SERVICES Chief Engineer Per Hour $ 185.00 Project Engineer/Manager Per Hour $ 100.00 Administrative Assistant Per Hour $ 65.00 Report Review Each $ 50.00 REMARKS 1) All fees and services are provided in accordance with the attached Rubino Engineering, Inc. General Conditions. 2) Unit prices/rates are in effect for 6 months from the date of this proposal and are subject to change without notice thereafter. 3) Overtime rates are applicable for serv_ces performed in excess of 8 hours per day portal to portal, Monday through Friday, before 7:00 AM or after 3:00 PM, and for all hours worked on Saturdays, Sundays and holidays. The overtime rate is 1.5 times the applicable hourly rate. 4) All rates are billed on a portal-to-portal basis. 5) Standby time due to delays beyond our control will be charged at the applicable hourly rate. 6) Transportation and per diem are charged at the applicable rates per trip. 7) Rates involving mileage (including transportation, mobilization, vehicle and trip charges) are subject to change based upon increases in the national average gasoline price. 8) A minimum charge of 4 hours applies to field testing and observation services. 9) Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum 4-hour charge. Rubino Engineering, Inc. Page 4 of 6 Dempster Street Intersection Improvement Project Quality Assurance Testing Services Proposal No: Q14.251 October 3, 2014 10) For all Rubino Engineering, Inc. services, a project management/engineering review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. 11) The minimum billing increment for time is a half hour. 12) A project set-up charge of a minimum of two hours applies to all projects. 13) Professional Services rates are exclusive of expert deposition or testimony time. This proposal is based on Rubino Engineering, Inc. being scheduled on an on -call basis and letters of certification will not be provided 14) unless Rubino Engineering, Inc. is notified in advance and Rubino Engineering, Inc. is scheduled for full time inspection and testing of the area or item to be certified. 15) If special inspections are required by the city where the construction is to take place, it must be brought to the attention of Rubino Engineering, Inc. prior to the start of construction as additional charges will apply. 16) Prevailing wage fees are subject to change based on the Illinois Department of Labor. 17) Services and fees not listed on this schedule may be quoted on request. Rubino Engineering, Inc. Page 5 of 6 Dempster Street Intersection Improvement Project Quality Assurance Testing Services October 3, 2014 Proposal No: Q14.251 GENERAL CONDITIONS 1. PARTIES AND SCOPE OF WORK: Rubino Engineering, Inc. shall include said company or its particular division, subsidiary or affiliate performing the work. "Work" means the specific geotechnical, analytical, testing or other service to be performed by Rubino Engineering, Inc. as set forth in Rubino Engineering, Inc.'s proposal, Client's acceptance thereof and these General Conditions. Additional work ordered by Client shall also be subject to these General Conditions. "Client refers to the person or business entity ordering the work to be done by Rubino Engineering, Inc. If Client is ordering the work on behalf of another, Cliert represents and warrants that it is the duty authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of Rubino Engineering, Inc.'s work. Rubino Engineering, Inc. shall have no duty or obligation to any third party greater than that set forth in Rubino Engineering, Inc.'s proposal, Client's acceptance thereof and these General Conditions. The ordering of work from Rubino Engineering, Inc., or the reliance on any of Rubino Engineering, Inc.'s work, shall constitute acceptance of the terms of Rubino Engineering, Inc.'s proposal and these General Conditions, regardless of the terms of any subsequently issued document. 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site, materials and work performed by Rubino Engineering, Inc. or others to be timely and property performed in accordance with the plans, specifications and contract documents and Rubino Engineering, Inc.'s recommendations. No claims for loss, damage or injury shall by brought against Rubino Engineering, Inc. by Client or any third party unless all tests and inspections have been so performed and unless Rubino Engineering, Inc.'s recommendations have been followed' Client agrees to indemnify, defend and hold RUBINO ENGINEERING, INC., its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or Rubino Engineering, Inc.'s recommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act of omission of Rubino Engineering, Inc., its officers, agents or employees, subject to the limitation contained in paragraph 9. 3. SCHEDULING OF WORK: The services set forth in Rubino Engineering, Inc.'s proposal and Clients acceptance will be accomplished in a timely, workmanlike and professional manner by RUBINO ENGINEERING, INC. personnel at the prices quoted. If Rubino Engineering, Inc. is required to delay commencement of the work or if, upon embarking upon its work, Rubino Engineering, Inc. is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by Client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of Rubino Engineering, Inc., additional charges will be applicable and payable by Client. 4. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for Rubino Engineering, Inc, to perform the work. Rubino Engineering, Inc. shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment, however, Rubino Engineering, Inc. has not included in its fee the cost of restoration of damage which may occur. If Client desires or requires Rubino Engineering, Inc. to restore the site to its former condition, upon written request Rubino Engineering, Inc. will perform such additional work as is necessary to do so and Client agrees to pay Rubino Engineering, Inc. for the cost. S. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that it has aclosed Rubino Engineering, Inc. of any known or suspected hazardous materials, utility lines and pollutants at any site at which Rubino Engineering, Inc. is to do work hereunder, and unless Rubino Engineering, Inc. has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits. Client agrees to defend, indemnify and save Rubino Engineering, Inc harmless from all claims, suits, loses costs and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to Rubino Engineering, Inc.'s performance of its work and resulting to or caused by contact with subsurface of latent objects, structures, lines or conduits where the actual or potential presence and location thereof were not revealed to Rubino Engineering, Inc. by Client. 6. RESPONSIBILITY: Rubino Engineering, Inc.'s work shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. Rubino Engineering, Inc shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety orwelfare. Rubino Engineering, Inc's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. Rul ino Engineering, Inc. has no right or duty to stop the contractor's' work. 7. SAMPLE DISPOSAL: Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty (60) days after submission of Rubino Engineering, Inc.'s report. 8. PAYMENT: Client shall be invoiced once each month forwork performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing with said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law), until paid. Client agrees to pay Rubino Engineering, Inc.'s cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees. Rubino Engineering, Inc shall not be bound by any provision or agreement requiring or providing for arbitration or disputes or controversies arising out of this agreement, any provision wherein Rubino Engineering, Inc. waives any rights to a mechanics' lien, or any provision conditioning Rubino Engineering, Inc.'s right to receive payment for its work upon payment to Client by any third party. These General Conditions are notice, where requ:red, that Rubino Engineering, Inc. shall file alien whenever necessary to collect past due amounts. Failure to make payment within thirty (30) days of invoice shall constitute a release of Rubino Engineering, Inc. from any and all claims which Client may have, whether in tort, contract or otherwise and wheher known or unknown at the time. 9. WARRANTY: RUBINO ENGINEERING, INC.'S SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL, CLIENTS ACCEPTANCE THEREOF, THESE GENERAL CONDITIONS AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, RUBINO ENGINEERING, INC. WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED. STATEMENTS MADE IN RUBINO ENGINEERING, INC. REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD RUBINO ENGINEERING, INC. OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESSED OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON RUBINO ENGINEERING, INC.'S WORK, AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF RUBINO ENGINEERING, INC., ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO $10,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RUBINO ENGINEERING, INC. FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT, WHICHEVER AMOUNT IS GREATER. NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE, MAY BE BROUGHT AGAINST RUBINO ENGINEERING, INC., ARISING FROM OR RELATED TO RUBINO ENGINEERING, INC.'S WORK, MORE THAN TWO (2) YEARS AFTER THE CESSATION OF RUBINO ENGINEERING, INC.'S WORK HEREUNDER. 10. INDEMNITY: Subject to the foregoing limitations, Rubino Engineering, Inc. agrees to indemnify and hold Client harmless from and against any and all claims, suits, costs and expenses including reasonable attorney's fees and court costs arising out of Rubino Engineering, Inc.'s negligence to the extent of RUBINO ENGINEERING, INC.'s negligence. Client shall provide the same protection to the extent of its negligence. In the event that Client or Client's principal shall bring any suit, cause of action, claim or counterclaim against Rubino Engineering, Inc., the party initiating such action shall pay to Rubino Engineering, Inc. the costs and expenses incurred by Rubino Engineering, Inc. to investigate, answer and defend it, including reasonable attorney's and witness fees and court costs to the extent that Rubino Engineering, Inc. shall prevail in such suit 11. TERMINATION: This Agreement maybe terminated by either party upon seven (7) days' prior written notice. In the event of termination, Rubino Engineering, Inc. shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses and for the completion of such services and records as are necessary to place Rubino Engineering, Inc.'s files in order and/or protect its professional reputation. 12. EMPLOYEESIWITNESS FEES: Rubino Engineering, Inc.'s employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay Rubino Engineering, Inc.'s legal expenses, administrative costs and fees pursuant to Rubino Engineering, Inc 's then current fee schedule for Rubino Engineering, Inc. to respond to any subpoena. Client agrees not to hire Rubino Engineering, Inc.'s employees except through Rubino Engineering, Inc. In the event Client hires a Rubino Engineering, Inc employee, Client shall pay Rubino Engineering, Inc. an amount equal to one-half of the employee's annualized salary, with Rubino Engineering, Inc. waiving other remedies it may have. 13. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rubino Engineering, Inc. to assume the status of an owner, operator, generator, Storer, transporter, treater or disposal facility as those terms appear within RCRA of within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling, treatment, storage and disposal of pollutants. 14. PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of the parties that the terms of the General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 15. ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto. Rubino Engineering, Inc. Page 6 of 6 FIRM NAME AES Services, Inc. PRIME/SUPPLEMENT Prime/HLR CONTRACT TERM START DATE RAISE DATE I1/1/2015 - 3/31/20151 I PAYROLL ESCALATION TABLE FIXED RAISES 3 MONTHS 1l1/2015 6/1/2015 ESCALATION PER YEAR 3 3 = 100.00% 1.0000 The total escalation for this project would be: Bureau of Design and Environment 0.00% DATE 10/27/14 PROJECT Dempster Street OVERHEAD RATE 117.68% COMPLEXITY FACTOR 0 % OF RAISE 3.00% DF-824-039 REV 12/04 Printed 10/27/2014 2:48 PM FIRM NAME PRIME/SUPPLEMENT PSB NO. CLASSIFICATION Principal Engineer III Engineer II Engineer I CADD Engineer Technician II Technician I Admin PAYROLL RATES AES Services, Inc. DATE Prime/HLR Dempster Street ESCALATION FACTOR CURRENT RATE $70.00 $49.38 $34.76 $24.47 $35.00 $20.00 $12.57 $31.67 0.00% CALCULATED RATE $70.00 $49.38 $34.76 $24.47 $35.00 $20.00 $12.57 $31.67 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10/27/14 DF-824-039 REV 12/04 PREPARED BY THE AGREEMENTS UNlFTrinted 10/27/2014 2:48 PM COST PLUS FIXED FEE COST ESTIMATE OF CONSULTANT SERVICES DF-824-039 REV 12/04 FIRM AES Services, Inc. DATE 10/27/14 PROJECT Dempster Street OVERHEAD RATE 1.1768 PRIME/SUPPLEMENT Prime/HLR COMPLEXITY FACTOR 0 DBE OVERHEAD IN-HOUSE DROP ITEM MANHOURS PAYROLL & DIRECT FIXED BOX FRINGE BENF COSTS FEE (A) (B) (C) (D) (E) DBE TrafficData Collection 21 449.38 528.83 89.60 154.83 DBE Record Drawings 18 658.76 775.23 78.40 219.30 DBE PM & QC/QA 5 229.19 269.71 72.34 ISubconsultant DL 0.00 TOTALS 44+ 1,337.331 1,573.771 168.00+ 446.471 DBE CPFF = 14.5%(DL + R(DL) + OH(DL) + IHDC) Outside SERVICES % OF Direct BY DBE TOTAL GRAND Costs OTHERS TOTAL TOTAL (F) (G) (H) (B-G) 883.20 2,105.84 2,105.84 47.76% 1,731.69 1,731.69 39.28% 571.24 571.24 12.96% 883.201 0.00 0.00% 0.00 4,408.77 4,408.77 100.00% DBE 100.00% PREPARED BY THE AGREEMENTS UNIT Printed 10/27/2014 2:48 PM D F-824-039 REV 12/04 FIRM AES Services, Inc. PSB Dempster Street PRIME/SUPPLEMENT Prime/HLR PAYROLL AVG TOTAL PROJECT RATES HOURLY Hours CLASSIFICATION RATES Principal 70.00 0 Engineer III 49.38 7 (Engineer II 34.76 0 IEngineer 1 24.47 0 ICADD Engineer 35.00 16 Technician 11 20.00 20 Technician 1 12.57 0 Admin 31.67 1 0 0 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I I 0 I I 0 I I 0 I I 0 I 0 I 0 I 0 I 0 I 0 TOTALS 1 44 AVERAGE HOURLY PROJECT RATES DATE 10/27/14 SHEET 1 OF 1 TrafficData Collection Record Drawings PM & QC/QA % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg 15.91 % 7.86 1 4.76% 2.35 2 11.11 % 5.49 4 80.00% 39.50 36.36% 12.73 16 88.89% 31.11 45.45% 9.09 20 95.24% 19.05 2.27% 0.72 1 20.00% 6.33 100% $30.39 21 100.00% $21.40 18 I I I I 100% I$36.60 5 I 100% I $45.84 0 0% 1 $0.00 0 I I I I I I I I I I 0% I $0.00 PREPARED BY THE AGREEMENTS UNIT Printed 10/27/2014 2:48 PM