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HomeMy WebLinkAboutRESOLUTIONS-2009-073-R-09• • 11 /09/2009 73-R-09 A RESOLUTION Authorizing the City Manager to Sign a Local Agency Agreement for Federal Participation with the Illinois Department of Transportation for Participation in the Construction and Construction Engineering Cost for the Evanston Lakefront Corridor Reconstruction Project and a Construction Engineering Services Contract with AECOM for Construction Engineering Services for the Evanston Lakefront Corridor Reconstruction Project WHEREAS, the City of Evanston and Illinois Department of Transportation (hereinafter "IDOT"), in the interest of safe and efficient movement of bicycle and pedestrian traffic, are desirous of implementing the reconstruction of bicycle pathways within Evanston's lakefront parks from Lee Street to Clark Street beaches (see map, attached hereto as Exhibit 1 and incorporated herein by reference), said improvement to • be identified as State Section: 07-00246-00-BT, State Job: C-91-338-07, and Project Number: ARA-TE-OOD1(779), hereinafter referred to as 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 of Evanston wish to avail themselves of Federal funds committed to improve this Project; and WHEREAS, the City has previously entered into an Agreement with consultants EDAW / CTE Joint Venture (now known as "AECOM") for Phase I and Phase II Engineering for the design of the Project, and AECOM will provide construction engineering services; and I 73-R-09 WHEREAS, the City Council of the City of Evanston has determined it is • in the best interests of the City to enter into said Local Agency and Construction Engineering Services Agreements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized to sign and the City Clerk is hereby authorized to attest to the Local Agency Agreement made with the Illinois Department of Transportation for participation in the construction and construction engineering cost for the Evanston Lakefront Corridor Reconstruction Project, attached hereto as Exhibit 2, and the Construction Engineering Services Agreement made with AECOM, attached hereto as Exhibit 3, both made a part hereof by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Local Agency Agreement and the • Construction Engineering Services Agreement as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 73-R-09 shall be in full force and effect , from and after its passage and approval in the manner provided by law. Rodney Greene ity Clerk Adopted 2009 Eli eth B. Tisdahl, Mayor -2- • Exhibit 1 • • • I Map of Evanston's lakefront parks from Lee Street to Clark Street beaches 73-R-09 -3- L) 2 ... ... .. ....... ... ............ .. ........... . . . . Pf. a 0 z 8 0 z VVQ 0 LU z z 0 0 0 0� t- z 1 >4 w ij LL leis 4DZ 0 mg • Exhibit 2 • • • r 73-R-09 Local Agency Agreement between the City of Evanston and the Illinois Department of Transportation -4- Local Agency State Contract Day Labor Local Contract RR Force Account _(­�UV Ends Department of Transportation City of Evanston X Local Agency Agreement Section Fund Type ITEP Number for Federal Participation 07-00246-00-BT ARE 102207 & 102121 1 0: Construction En ineerinci Rioht-of-Wav Job Number Project Number Job Number Project Number Job Number Project Numw C-91-338-07 ARA-OOD1(779) 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 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 Evanston Lakefront Corridor Route N/A Termini Lee Street to 500 feet north of Clark Street Current Jurisdiction LA Length 1.136 miles Existing Structure No N/A Project Description Bike path widening and reconstruction from Lee Street to 500 feet north of Clark Street within Evanston's Lakefront parks including lighting, pavement markings, route signs and associated furnishings. Division of Cost Type of Work Participating Construction Non -Participating Construction ** Construction Engineering Right of Way Railroads Utilities Materials TOTAL $ 1,100,690 $ $ 773,173 $ * Maximum FHWA (ARE) Participation 80% not to exceed $1,100,690.00 "Non -Participating Construction includes but is not limited to lighting and select site furnishings. FHWA % STATE % LA % 1,023,186 ( * ) ( ) 255,797 ( BAL ) ( ) ( ) 498,000 ( 100 ) 77,504 ( ) ( ) 19,376 ( BAL ) Total 0 1,278, 983 490 9 1,873, 863 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. The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A ---Lump Sum (80% of LA Obligation) METHOD B--- Monthly Pavments of 00 METHOD C--- LA's Share Balance divided by estimated total cost multiplied by actual progress pavment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 12/17/2009 Page 1 of 4 BLR 05310 (Rev. 05/28109) 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. 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 shculd 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, in lump sum, an amount equal to 80% of the LA's estimated obligation incurred under this Agreement, 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 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, 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. (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 terns of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC'). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. Printed on 12/17/2009 Page 2 of 4 BLR 05310 (Rev. 05/28/09) (15) Arad 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. (25) (Single Audit Requirements) That if the LA receives $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 receive less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 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. 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: Printed on 12/17/2009 Page 3 of 4 BLR 05310 (Rev. 05/28/09) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. MUTUALLY AGREED: 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. (2) This Agreement shall be binding upon the parties, their successors and assigns. (3) 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 stems 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. (4) 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. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Map Number 2 Resolution (Insert addendum numbers and titles as applicable) *-A further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement d all addenda indicated above. ROVED APPROV State of Illinois Name Wally Bobkiewicz Title City Manager /" ( County Board Chairpersonl�May^orNil`lage President/etc. Signature (��/ Date TIN Number 36-6005870 NOTE: If signature Is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. �N_ Printed on 12/17/2009 Page 4 of 4 ( /ra Ga? ar ig, Secrets By: (De iegxe"s Signature) ol Date (Delegate's Name — Printed) Mchan c oZbounsel / hief Engineer Date ins, CDate Ann L. Schneider, Director of Finance and Administration f Date BLR 05310 (Rev. 05/28/09) ISABELLA CENTRAL; NOYES CHURCH! DEMPSTER MAIN! OAKTON S Mw CITY OF EVANSTON Department of Parks / Forestry & Recreation 2100 Ridge Avenue Evanston, Illinois 60201 City of Evanston - AN LAKE MICHIGAN LEGEND TO CHICAGO ® PROJECT BOUNDARY EVANSTON LAKEFRONT CORRIDOR ADDENDUM 1 - LOCATION MAP SHEET NO. SCALE DATE DRAWN BY 1'= 2009 05/16/07 SOL • • • • Local Agency I Consultant City of Evanston 1 * ��m AECOM USA, Inc. 0 II �`� C . County C O Address Cook Section A I L N S 303 E. Wacker Driver City 07-00246-00-BT 11 Chicano Project No. I A Construction Engineering L State ARA-TE-0 D1(779) G Services Agreement T IL Job No. C-91-338-07 (STE Funds) E For A Zip Code 60601 Contact Name/Phone/E-mail Address N Federal Participation N Contact Name/Phone/E-mail Address Stefanie Levine/847.448.8043 C T Joe Catalano / 312.373.6853 slevine@cityofevanston.org Y Joe.Catalano(&aecom.com THIS AGREEMENT is made and entered into this day of , 2009 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 the following terms are used, they shall be interpreted to mean: Regional Engineer Regional Engineer, Department of Transportation Resident Engineer LA Employee directly responsible for construction of the PROJECT Contractor Company or Companies to which the construction contract was awarded Project Description Name Off -System / Evanston Lakefront Corridor Route N/A Length 5,700' Structure No. N/A Termini Lee Street to 500' north of Clark Street Description: Remove approximately 1 mile of existing bikepath and install new asphalt bikepath (4" HMA with 8" stone base). This work •will include removal/replacement of existing benches and street furniture, removal of trees and other miscellaneous removals/restoration necessary to complete the work. Agreement Provisions • I. THE ENGINEER AGREES TO THE FOLLOWING INCLUDING EXHIBIT 1, To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT hereinbefore described and checked below: ❑ a. 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 la. 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. ❑ 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 resident engineer of the adequacy of the establishment and maintenance of the traffic control. Page 1 of 7 BLR 05611 (Rev. 9/06) Printed on 10/28/2009 10:56:20 AM ❑ 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. ® I. 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. 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 resident engineer or authorized representative. 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 LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6- The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the resident engineer, 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; 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. Page 2 of 7 BLR 05611 (Rev. 9/06) Printed on 10/28/2009 10:56:20 AM 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. ll. THE LA AGREES, 1. To furnish a resident engineer to be in responsible charge of general supervision of the construction. 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 ® CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or ❑ CPFF = 14.5%[DL + R(DL) + 1.4(DL) + IHDC], or ❑ CPFF = 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 Specific Rate ❑ (Pay per element) Lump Sum ❑ 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 1LCS 5/5-409: ❑ With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 6. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The'recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Page 3 of 7 BLR 05611 (Rev. 9/06) Printed on 10/28/2009 10:56:20 AM Ill. 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 RESIDENT ENGINEER. 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 It 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. 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in numbered paragraph 1f of Section 1. 8. 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 Page 4 of 7 BLR 05611 (Rev. 9/06) Printed on 10128/200910:56:20 AM (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. �I • Prime Consultant: AECOM USA, Inc. Sub -Consultants: Wang Engineering, Inc. (DBE Material QA) Executed by the LA: ATT E By. �24 ` Clerk (SEAL) Executed by the ENGINEER: ATTEST: By: Title: EcZ- Page 5 of 7 Printed on 10/28/2009 10:56:20 AM Agreement Summary TIN Number 13-5511947 TIN Number 36-3191909 Agreement Amount I $83,911.70 Agreement Amount $12,968.75 Sub -Consultant Total: $12,968.75 Prime Consultant Total: $83.911.70 Total for all Work: $96.880.45 City of Evanston (Municipality/Township/County) Title: AECOM USA, Inc. By: Title: Y/GG �/ a/DeA< BLR 05611 (Rev. 9/06) Route: Off -System / Evanston Lakefront Corridor Local Agency: City of Evanston (Municipalityrrownship/County) Section: 07-00246-00-BT Project: ARA-TE-00D1 (779) Job No.: C-91-338-07 (STE Funds) Method of Compensation: Cost Plus Fixed Fee 1 Cost Plus Fixed Fee 2 Cost Plus Fixed Fee 3 Specific Rate Lump Sum Element of Work Exhibit A - Construction Engineering ® 14.5%[DL + R(DL) + OH(DL) + IHDC] ❑ 14.5%[DL + R(DL) + 1.4(DL) + IHDC] ❑ 14.5%[(2.3 + R)DL + IHDC] El Cost Estimate of Consultant's Services in Dollars Employee Man- Payroll Payroll Classification Hours Rate Costs (DL) Preconstruction Principal 1 Resident Engineer Construction Observ. Resident Engineer 1 Eng. Tech/Designer J J Inspector J Post Construction I Resident Engineer 1 Eng. Tech/Designer Admin & Management' Admin. Assistant J Additional Lighting J Resident Engineer J Eng. Tech/Designer J J Inspector y 4 $70.00 36 $51.77 214 $51.77 24 $38.50 42 J.... $41.10 44 1 $51.77 1 40 $38.50 8 $23.96 136 $51.77 J 16 1 $38.50 J 32 $41.10 $280.00 $1,863.72 $11,078.78 $924.00 $1,726.20 $2,277.88 $1,540.00 $191.68 $7,040.72 $616.00 $1,315.20 Overhead* $456.79 $3,040.47 $18,073.92' $1,507.41 1 $2,816.12 $3,716.13 1 $2,512.36 $312.71 $11,486.23 J $1,004.94 1 $2,145.62 *Firm's approved rates on file with (DOT'S Bureau of Accounting and Auditing: Overhead Rate (OH) Complexity Factor (R) Calendar Days 97 Services by In -House Others Direct Costs (IHDC) $255.00 $9,956.25 $1,425.00 $2,982.50 $1,440.00 1 I 163.14 % 0.00 I 1 I l I I I I 596 J J $28,854.18 $47,073.71 $12,968.75 $3,120.00 Note: Profit reduced to 0.1686 x DL to conform with maximum allowable defined by IDOT BLR Circular 04-04. Page 6 of 7 Printed on 10128/2009 2:43:50 PM Profit Total $47.21 $1,039.00 $314.22 $5,218.42 $1,867.88 $42,431.83 $155.79 $2,587.20 $291.04 $4,833.36 $384.051 $6,378.06 $259.64 $4,312.00 $32.32 $536.70 $1,187.07 1 $24,136.52 $103.861 $1,724.80 $221.741 $3,682.56 $4,864.81 1 $96, 880.45 BLR 05611 (Rev. 9/06) 00 001 010 Exhibit B Illinois Department of Transportation Prime Consultant Name AECOM USA, Inc. Address 303 E. Wacker Dr. Chicago Telephone 312-938-0300 TIN Number 13-5511947 Project Information Local Agency City of Evanston Section Number 07-00246-00-BT Project Number ARA-TE-OOD1(779) Job Number C-91-338-07 (STE Funds) 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 Wang Engineering, Inc. (DBE Material QA) I I �I I i e TIN Number Actual Payment from Prime 36-3191909 Sub -Consultant Total: Prime Consultant Total: Total for all Work .Completed: Signiture 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. Page 7 of 7 Printed on 10/28/2009 10:56:20 AM BUR 05611 (Rev. 9/06) • EXHIBIT 1 On Page 3 under the "The LA Agrees" Add the following: 1) Basis of Payment The LA will compensate the ENGINEER on a cost plus fixed fee basis according to the Cost Estimate of Consultant's Services contained in Exhibit A of this agreement for the successful completion of the services. The upper limit of compensation will be $96,880.45. 2) Method of Payment The ENGINEER must submit monthly invoices to the LA for labor and other direct and indirect costs as billed, as outlined in the Cost Estimate of Consultant's Services in Exhibit A. The invoices must be signed, dated and must be in such other detail as the LA requests. The ENGINEER must not submit invoices for less than $500 unless a particular invoice is for last payment related to closeout of services. On Page 4 under "It is Mutually Agreed " Add: 0 5. It is aclmowled ed and agreed that the ENGINEER does not assume any g � responsibility or liability for the means, methods and procedures of any construction contractor or subcontractor, nor does the ENGINEER assume any responsibility for the safety of any individuals, other than its own employees. 1 • • • • I Phase III Construction Inspection Services Evanston, Illinois September 29, 2009 Preconstruction Tasks 1. Establish the Contract Inspector's Checklist for Contract Administration as guidelines for the consultant to follow. References to the Illinois Department of Transportation shall be to equivalent the City of Evanston. 2. Attend a preconstruction meeting with interested parties to discuss goals, objectives, and issues. 3. Familiarize yourself with project permits and requirements needed for construction. 4. Document existing conditions with digital photographs and videotape. Save photos on CD for use by the City of Evanston. If the contractor is responsible for pre -construction documentation, review tapes, CDs, reports, etc. for compliance. 5. Review contractors proposed construction schedule for compliance with contract and note potential issues. 6. Conduct a materials meeting to identify material sources, establish back-up sources, and develop overall plan for materials acceptance. 7. Field books, quantity books, diary, and other forms of proper project documentation shall be set up. B. Review a list of proposed suppliers and sub -contractors. Make recommendations to the City of Evanston regarding the suitability of the subcontractors for the project. 9. Prepare a project contact list with names, addresses, phone numbers, and fax numbers for contractors, subcontractors, and suppliers for the project. Twenty-four hour contact numbers for applicable parties must be verified. 10. Work with contractor to determine which, if any, pay items can be paid "per plan quantity" prior to construction. 11. Attend coordination meetings (2) with City Departments. • Construction Tasks (for both bikevath and additional li2htin2 improvements) • 1. Provide a resident engineer for required daily activities such as: observing the progress and quality of the work and determining if the work is proceeding in accordance with the contract documents; maintaining a site presence at times when the contractor is working; disapproving any work failing to conform to the contract documents and immediately informing City of Evanston representative; verifying that there are no deviations from the contract documents unless authorized by City of Evanston representative. 2. Keep inspector's daily reports and quantity book records up to date. Also maintain project diary noting necessary observations. Advise if contactor is falling behind schedule. 3. Maintain submittal log and check status to ensure timely approval. 4. Maintain orderly files of relevant project documents so that they can be easily accessed. 5. Perform quantity measurements to prepare pay estimates to review with contractor and submit to City of Evanston for payment. 6. Prepare documentation for contract change orders, discuss with contractor, and submit for approvals. 7. Hold weekly progress meetings. 8. Provide liaison functions related to coordination of contractors, utilities, developers, other agencies and property owners engaged or affected by the project. 9. Check and approve project submittals for compliance with standards. Forward • recommendations to City of Evanston representative. 10. Maintain contact with contractor to monitor schedule and recommend actions that should be taken if falling behind. 11. Maintain contact with City of Evanston representative to inform on relevant project information. 12. Inspect, document, and inform the contractor and the City of Evanston of the adequacy of the establishment and maintenance of traffic control. Perform necessary traffic control checks. Document deficiencies and contractor response to notice of. Inform the contractor and the City of Evanston of deficiencies, and if contractor does not correct these deficiencies, enforce contract requirements. 13. Provide Quality Assurance services in accordance with IDOT QC/QA practices and procedures (contractor will provide QC). Provide necessary coordination and qualified personnel to perform work for materials. Obtain and test asphalt (for bike path), concrete (for light pole foundations), and aggregate samples (for bike path) to perform necessary testing to fulfill QA / geotechnical requirements. Reports shall be prepared in a timely manner and coordinated with QC data. The consultant shall fulfill the requirements as the QA manager. 14. Verify and spot check contractor layout. Establish a staking verification program with contractor to ensure staking is completed in a timely manner. 15. Prepare minutes for meetings and distribute to appropriate parties. 16. Maintain set of working drawings as construction is progressing. • • 17. Provide necessary equipment, instruments, supplies, transportation, and personnel required to perform duties of the project team. 18. Maintain and periodically transmit to contractor a running punch list to expedite project close out. 19. Obtain material acceptance certifications as materials are incorporated into the project to expedite project closeout. Withhold payment until material inspection and certifications are provided. 20. Monitor and enforce compliance with OSHA safety regulations by the consultants staff and sub -consultants. 21. Monitor and document erosion control and ensure conformity with the plans and standards. 22. Prepare weekly progress reports for City. 23. Attend 3 coordination meetings with City Departments. 24. Respond to residential concerns. • 0 t Post Construction Tasks 1. Close out project with in 30 days after construction is completed. 2. Perform final inspection with the City of Evanston representative, contractor, and applicable utilities to finalize punch list. Document the items in the final punch list and submit them to the contractor for close out. Verify completion of work and provide a recommendation to City of Evanston. 3. Obtain and review record drawings to ensure compliance with requirements established in the preconstruction phase. Submit the final as-builts in a hard copy form. 4. Verify that documentation is accomplished and that material inspections and certifications have been accounted for and are complete. 5. Provide documentation associated with the final balancing change order and final pay estimate. 6. Provide any other project documentation requested by IDOT. 7. Provide as -built plans in DWG format on CD based on electronic "issued for construction" drawings provided by the City of Evanston. • • • S LOCAL AGENCY: CITY OF EVANSTON PROJECT: EVANSTON LAKEFRONT CORRIDOR COUNTY: COOK SECTION: 07-00246-00-BT PROJECT NO: ARA-TE-OOD1 (779) JOB NO: C-91-338-07 EXHIBIT C-1 COST ESTIMATE OF CONSULTANT SERVICES FIRM: AECOM USA, Inc. DATE: October 28, 2009 OVERHEAD RATE 1.6314 COMPLEXITY FACTOR 0 OVERHEAD & FRINGE DIRECT SERVICES MAN-HOURS BENEFIT COSTS FIXED FEE BY OTHERS TOTAL ITEM (A) PAYROLL (B) (C) (D) (E) (F) (G) PHASE III ENGINEERING PRECONSTRUCTION 40 $ 2,144 $ 3,497 $ 255.00 $361 $6,257 CONSTRUCTION OBSERVATION 280 $ 13,729 $ 22,397 $ 1,425.00 $2,315 $39,866 POST CONSTRUCTION 84 $ 3,818 $ 6,228 $ - $644 $10,690 PROJECT ADMINSTRATION 8 $ 192 $ 313 $32 $537 QA/MATERIAL TESTING (5 days) $ 9,986.25 $9,986 ADDITIONAL LIGHTING 184 $ 8,972 $ 14,637 $ 1,440.00 $1,513 $ 2,982.50 $29,544 TOTALS 596 $28,854 $47,073 $3,120 $4,865 $12,969 $96,880 DBE (E) Note: Fixed Fee calculated by the typical CPFF formula of 14.5%[DL+R(DL)+OH(DL)+ In house DC] would compute to $11,502.51 and therefore exceed the maximum allowable defined by the DLM method provided in IDOT BLR Circular Letter 04-04, The 04-04 DLM method of DLM = 2.80 x DL + DC equates to a total contract value of 2.80 x $28,854 + ($3,120 + $13,000) = $96,912 Thus, Fixed Fee has been reduced to a total of $4,865 (0.1686 x DL) in order for total contract value to comply with 04-04. (F) Services provided by Wang Engineering, Inc. (DBE) % OF GRAND TOTAL 6.46% 41.15% 11.03% 0.55% 10.31 % 30.50% 100.00% 15.5% LOCAL AGENCY: CITY OF EVANSTON PROJECT: EVANSTON LAKEFRONT CORRIDOR COUNTY: COOK SECTION: 07-00246 MBT PROJECT NO: ARA-TE-WD1 (779) JOB NO: C41.336-07 CLASSIFlCA7ION ADMINISTRATIVE ASSISTANT PRINCIPAL RESIDENT ENGINEER ENGINEERIND TECWDESIGNER INSPECTOR TOTALS EXHIBIT C•2 AVERAGE HOURLY RATES FIRM: AECOM USA, Me. DATE: October 28, 2009 OVERHEAD RATE 1.6314 COMPLEXITY FACTOR 0 PRECONSTRUCTION CONSTRUCTION POST CONSTRUCTION ADMIN S MANAGEMENT ADDITIONAL LKUITIN TOTAL PROJECT j Ir11.U� 06(,r,. %L'U %Ulu RATE, HOURS %PART WGTD RA HOURS %PART I WGTD RATE HOURS % PART I RATE HOURS %PART RATE HOURS %PART RATE HOURS %PART RATE $23.9_ 0 MOD% SO. 0 C� 0 1so .D 0) 1W.W% S23_ 0 0.00% $0.0 5 1.34% 170. 4 10.00% 1i. 0 0.00% so. I 0 O.W%3 10.001 0 O.W% $0. 0 0.00% 50.0 4 0.67% 151.77 36 90*DA SI6S 214 76.43% $39. 44 52.38% srs`7.1 0 O.W% _ 10. 136 73.91% 338.4 430 72.15% $38.5 0 O.W�i i0._ 24 0.57X �3. 40 _ 47.62% 31OX 0 O.W% _ 1D. 16 0,70% 13.3 00 13.12% 741.1 O O.W% S0. 42 15.W% 16.17 D 0.W% B0. 0 GAO% L 32 17,3B% 17.1 74 12,42% 1 1 1 I I M 1 1 1 i 1 1 I 1 1 I 401 1W.W%1 753.5�'�" 2B01 1W.W%1 749.0 841 1W.WX1 745.45, tll 1W.W%1 3Y3.{9{..�1E�'�' 1841 1W.W%I 74tl.161 6961 1 �1VEMOE NWIIIY BATE 1 1Sl.avP�VFRAOE HOURLY MTE 1 146.G VEBAOEHOU9LVRATE) 145AWWFI OEHOLMLYRATE 1 123.eq WEAAOE 1�u1bY MTE I W.77VFMOE NOIIRLV MTE 1 $D.32 10.47 S37.35 f5.171 15.ID $49.41 14eAI� • • • • I EXHIBIT C-3 DETAILED SUMMARY OF DIRECT COSTS LOCAL AGENCY: CITY OF EVANSTON FIRM: AECOM USA, Inc. DATE October 28, 2009 PROJECT: EVANSTON LAKEFRONT CORRIDOR COUNTY: COOK SECTION: 07-00246-00-BT PROJECT NO: ARA-TE-0OD1 (779) JOB NO: C-91-33"7 OUTSIDE DIRECT IN-HOUSE COST 1. PRECONSTRUCTION OBSERVATION Vehicle days 4 $ 45.00 unit @ cost rate = $180.00 0 Project Coordination/ Meetings unit @ cost rate = $0.00 0 Photocopies - 8- x 10' unit @ cost rate = $75.00 0 Photocopies - 11' x 17' unit @ cost rate = $0.00 0 SUB -TOTAL $255.00 $O.DO 2. CONSTRUCTION OBSERVATION Vehicle days 25 $ 45.00 unit Q cost rate = $1,125.00 0 Project Coordination/ Meetings unit @ cost rate = 0 0 Photocopies - 8' x 10' unit @ cost rate = $200.00 0 Photocopies - 11' x I unit @ cost rate = $1 DO.00 0 QA (10%) MATERIAL TESTING (WANG) 0 $9.98625 SUB -TOTAL $1,425.00 $9,98625 3. POST CONSTRUCTION OBSERVATION Vehicle days 0 $ 45.00 unit @ cost rate = 0 0 Project Coordination/ Meetings unit @ cost rate = 0 0 Photocopies - 8' x 10' unit @ cost rate = 0 0 Photocopies - 11' x t7' unit @ cost rate = 0 0 SUB -TOTAL 0 0 4. ADMINISTRATION AND MANAGEMENT Photocopies - 8' x 10' unit @ cost rate = 0 0 SUB -TOTAL 0 0 5. ADDITIONAL LIGHTING CONSTRUCTION OBSERVATION Vehicle days 32 $ 45.00 unit @ cost rate = $1,440.00 0 Project Coordination/ Meetings unit @ cost rate = $0.00 0 Photocopies - 8' x 10' unit @ cost rate = $0.00 0 Photocopies - 11' x 1T unit @ cost rate = $0.00 0 QA MATERIAL TESTING (WANG) 0 $2,982.50 SUB -TOTAL $1.440.00 $2.982.50 SUBTOTAL IN-HOUSE DIRECT COSTS $3,120.00 SUBTOTAL OUTSIDE DIRECT COSTS $12.958.75 EXHIBIT C-4 MANHOUR ESTIMATE FOR PHASE III ENGINEERING LOCAL AGENCY: CITY OF EVANSTON FIRM: AECOM USA, Inc. DATE: October 28, 2009 • PROJECT: EVANSTON LAKEFRONT CORRIDOR COUNTY: COOK SECTION: 07-00246-00-BT PROJECT NO: ARA-TE-00131 (779) JOB NO: C-91-338-07 Lu W W z z Lo < 1- Z W 55 W W go LL 0 W W 03 LU 0 ?= -: i! uj M 55 ZZ V5 (D 0 L) 0 co 0 W W z W Z W W PRECONSTRUCTION Job preparation 4 8 12 Review Plans 8 8 Coordination Meeting (2) with City Departments 12 12 Preconstruction meeting 4." 40 CONSTRUCTION OBSERVATION Layout verification (3 days) 24 24' 48 Shop drawing review 16 16 MOT & Erosion Control 12 12 Observation and Records 80 18 98 Weekly Meetings (12) 20 20 Pay Estimates 0) 6 6 Final Quantities 8 8 QA of Materials Coordination 16 16 Preparation of Weekly Reports for City 16 16 Meet ngs/Coordinate with City Department 20 20 Response to Residential Concerns 20 20 Z �214 24 '42 :'28D. POST CONSTRUCTION Job Close out 12 12 Perform final inspection 4 4 Documentation Verification 4 4 Red -Line As builts/Create DWG Drawings 24 40 0 64 su BTF03, 4Q, DMIN AND MANAGEMENT 8 0 '........ . I - : . , .. ,­ 0 otTPTA4- 1 ADDITIONAL LIGHTING OBSERVATION Layout verification (2 days) 16 16 32 Shop drawing review 8 8 Observation and Records 112 16 128 Final Quantifies 8 8 QA of Materials Coordination 8 8 'SUBTOTAL 0 1,f 184 6 , .. 32 13 TOTAL 81 41 4301 Bol 74 5961 )PERCENT PARTICIPATION 1.34% 0.67% 72.15% 13.42% 12.42% 100.00%1 I EXHIBIT C-5 • HOURLY RATE RANGE BY CLASSIFICATION • FIRM: AECOM USA, Inc. LOCAL AGENCY: CITY OF EVANSTON DATE: October 28, 2009 PROJECT: EVANSTON LAKEFRONT CORRIDOR COUNTY: COOK SECTION: 07-00246-00-BT PROJECT NO: ARA-TE-OOD1 (779) JOB NO: C-91-338-07 PAYROLL CLASSIFICATION HOURLY RATE RANGE (LOW - HIGH) ADMINISTRATIVE ASSISTANT $20.00 to $35.00 PRINCIPAL $70.00 to $70.00 RESIDENT ENGINEER $40.00 to $70.00 ENGINEERING TECH/DESIGNER $20.00 to $55.00 INSPECTOR $30.00 to $60.00 • • 1145 North Main Street • Lombard, Illinois 60148 Phone (630) 953-9928 www.wan4eng.com October 28, 2009 Mr. Raymond L. Pitula Resident Engineer AECOM 303 East Wacker Drive Chicago, Illinois 60601 Re: Proposal for Site Quality Assurance Material Testing Services Evanston Lakefront Corridor Project, Evanston, IL Wang Proposal No. P091018 Dear Mr. Pitula: Wang Engineering, Inc. (Wang) appreciates the opportunity to present our proposal to provide quality assurance materials testing services for your project. Wang specializes in providing geotechnical services and the related testing and inspection services. Inspection and Testing personnel are required to be represented by the IJOE #150 (International Union of Operating Engineers Local No. 150) of which Wang is a signatory to the current collective bargaining agreement. Wang is certified through the State of Illinois as a DBE corporation. The requirements of your project are anticipated to consist of the following testing and inspection: • Site Concrete Testing and Inspection • • Laboratory Testing of Concrete Compressive Strength Samples • Site Soils Compaction Testing and Inspection • Site HMA Compaction Testing Our laboratory is accredited by the AASHTO Accreditation Program for soil, aggregate, concrete and asphalt testing. Our competency for laboratory testing is periodically assessed by the AASHTO Materials Reference Laboratory (AMRL), the Cement and Concrete Reference Laboratory (CCRL), and IDOT's Bureau of Materials. Wang Engineering is qualified through the Illinois Department of Transportation for Quality Assurance and Quality Control testing for soils, concrete, and asphalt. Sincerely, Wang Engineering, Inc. Robert A. Flood, P.E. Construction Services Manager Paul Y. Wang President Geotechnical 0 Construction • Environmental Quality Engineering Services Since 1982 • Evanston Lakefront Corridor Project P091018 October 28, 2009 Page 2 of 3}j • Project Description The project is to consist of the compaction testing of soils, aggregates, and hot mix asphalt as well as field and laboratory concrete testing. It is anticipated that two (2) Standard Proctors, one for the soil and one for the aggregate, will also need to be performed in our laboratory. Work Schedule and the Requisite Project Staffing The project is anticipated to be completed by the end of the 2010 calendar year. Staffing will be performed on a full time basis, as required. Testing personnel will be union technicians with the appropriate certification to perform the scheduled inspection(s). Reports All field reports are to be prepared manually on the site during the actual time of inspection and testing. Reports will also be submitted with our invoicing. Cost An estimated cost'of $ 12,968.75 has been calculated for this project. This estimate includes the electrical work; this work has been separated in the event that this option is not desired. Item Voila Unit Cost No. of Units Extension • Level I Technician, Site Work Hourly 85.00 96.00 8,160.00 Level I Technician, Overtime Hourly 106.25 1.00 106.25 Vehicle Charge Daily 50.00 13.00 650.00 Nucelar Density Gauge Daily 40.00 9.00 360.00 Compressive Strength Cylinders Each 20.00 8.00 160.00 Standard Proctors Each 175.00 2.00 350.00 Cylinder Pick-up Each 100.00 2.00 200.00 Total Without Electrical 9,986.25 Electrical Items units Unit Cost No. of Units Extension Level I Technician, Site Work Hourly 85.00 24.00 2,040.00 Level I Technician, Overtime Hourly 106.25 2.00 212.50 Vehicle Charge Daily 50.00 3.00 150.00 Nucelar Density Gauge Daily 40.00 1.00 40.00 Compressive Strength Cylinders Each 20.00 12.00 240.00 Cylinder Pick-up Each 100.00 3.00 300.00 Total Electrical Only 2,982•50 Total With Electrical 12,968.75 Geotechnical • Construction • Environmental Quality Engineering Services Since 1982 Evanston Lakefront Corridor Project • P091018 �yr October 28, 2009 ■ate Page 3 of 3 g' . Please note that there is a minimum charge of four (4) hours for site visits, including cancellations on the day of scheduled work activities and cancelled work due to inclement weather. Travel will be charged as required per the union contract. Projected Site Schedule It was noted on your MOT form Titled Estimate of Time Required which was dated October 14, 2009, and submitted by Stanley Wang (S. Wang) of AECOM that fourteen (14) days of roadway work are anticipated which are to consist of three (3) days of earth excavation, five (5) days of crushed stone base and surface, one (1) day of PCC curb and gutter work, one (1) day of PCC sidewalk, and four (4) days of HMA binder and surface work. This estimate incorporates twelve (12) full time days of work with only one (1) hour allotted for overtime. It should be noted that should all of these activities be covered on a full time basis that additional charges will be incurred. As Wang is proposing to perform the Quality Assurance (QA) testing and not the Quality Control (QC) testing, it is assumed that some of these activities will not be covered. Also, the above -referenced Estimate of Time Required form indicates that there are to be thirty-one (3 1) days of electrical foundation work and sixteen (16) days of light pole foundation work. This proposal only provides three (3) days of full time work with only two (2) hours of overtime. Again, as Wang is proposing to perform the Quality Assurance (QA) testing and not the Quality Control (QC) testing, it is assumed that most of these activities will not be covered. It was indicated in our correspondence that an estimated cost of $10,000 and $3,000 was anticipated for the roadway and electrical work, respectively. Wang has endeavored to meet these budgetary constraints rather than indicate costs in excess of what is anticipated. This is stated explicitly to be forthright; Wang would be pleased to modify this proposal, as you deem appropriate if so desired. • The Wang Companies As a result of unionization in the industry, Wang Engineering, Inc. operates the testing and inspection services portion of the operations under the subsidiary, Wang Testing Services, Inc. Professional and Laboratory Services are provided through Wang Engineering, Inc. directly. Though perhaps a legal subtlety, it is a practical firewall between the union and nonunion segments of the company. For clarity, this proposal references all services to be performed by "Wang". Conclusion Thank you for the opportunity to present our proposal to provide testing services to your project. In this proposal we attempt to provide a comprehensive testing program at competitive pricing. Please contact us immediately if you feel that we have failed to do so. Geotechnical Construction 0 Environmental Quality Engineering Services Since 1982 Illinois Department of Transportation 2300 South Dirksen Parkway / Springfield, Illinois / 62764 April 30, 2009 Subject: PRELIMINARY ENGINEERING Consultant Unit Prequalification File Mr. Mark L. Lucas Aecom Usa, Inc. 303 East Wacker Drive Suite.6_0.0 _._.... . Chicago, IL 60601- Dear Mr. Lucas: We have completed our review of the corporate and financial information portion of your "Statement of Experience and Financial Condition" (SEFC) which you submitted for the fiscal year ending September 30, 2008. Your firm's total annual transportation fee capacity will be $656,800,000. Your firm's payroll burden and fringe expense rate and general and administrative expense rate totaling 163.14% are approved on a provisional basis and will be used in evaluating your Statement(s) of Interest in our selection process. The • actual rate used in agreement negotiations may be determined by our Bureau of Budget and Fiscal Management in a pre -award audit. Your firm is required to report to this office any additions or deletions of your licensed professional staff or any other key personnel that would affect your firm's prequalification in a particular category. This report must be submitted within 15 calendar days of the change. Your firm is prequalified until September 30, 2009. You will be given an additional six months from this date to submit the entire "Statement of Experience and Financial Condition" (SEFC) to remain prequalified. Very truly yours, CluQ9 T Cheryl Cathey P.E. Chief of Preliminary Engineering t LJ SEFC PREQUALIFICATION FIRM: AECOM USA, INC. S01 CODE: AUI DATE: 04/30/09 • vLANS,SPECIFICAT10NS&ESTIMATES 1. FREEWAYS: X 11. MOVABLE BRIDGE: X 2. ROADS AND STREETS: X 12. STEEL GIRDER BRIDGE: A 3. AER. PLANNING & SPECIAL SERVICE X 13. TIED ARCH BRIDGE: A 4. AER. DESIGN: X 14. SEGMENTAL CONCRETE BOX GIRDER BRIDGE: A 5. AER. CONSTRUCTION INSPECTION: X 15. CONT/CANT TRUSS BRIDGE: A 6. HIGHWAY STRUCTURE:SIMPLE: X 16. CABLE STAYED GIRDER BRIDGE: A 7. HIGHWAY STRUCTURE:TYPICAL: X 17. TRAFFIC SIGNALS: X 8. HIGHWAY STRUCTURE:ADV TYPICAL: X 18. LIGHTING: X 9. HIGHWAY STRUCTURE:COMPLEX: X 19. PUMPING STATION: X 10. RAILROAD BRIDGE: X T U D I E S 20. LOCATION DRAINAGE: X -21 'SAFETY STUDIES: X 21. TRAFFIC STUDIES: X 24. FEASIBILITY STUDIES: X 22. SIGNAL COORDINATION & TIMING (SCAT): HYDRAULIC REPORTS ' 25. WATERWAYS TYPICAL: X 27. PUMP STATION: X 26. WATERWAYS COMPLEX X LOCATION AND DESIGN STUDIES 28. REHABILITATION: X 30. NEW CONSTJMAJ RECONST: X 29. RECONSTJMAJ REHAB: X 1 • ENVIRONMENTAL STUDIES & REPORTS 31. E.A.: X 32. E.i.S.: X SPECIAL DESIGN STUDIES . � 33. MASS TRANSIT: X 34. RAILWAY ENGINEERING: X) SPECIAL SERVICES 35. ROUTE SURVEY: X 45. ARCHITECTURE: X 36. LAND SURVEY: X 46. LANDSCAPE ARCHITECTURE: X 37. AERIAL MAPPING: 47. HAZARDOUS WASTE: 38. GENERAL GEOTECHNICAL SERVICES: X 48. ASBESTOS ABATEMENT SURVEY: 39. COMPLEX GEOTECHNICAL/MAJOR FOUNDATION: X 49. CONSTRUCTION INSPECTION: X 40. SUBSURFACE EXPLORATIONS: X 50. QA COMPLETE: 41. STRUCTURE GEOTECHNICAL REPORTS: X 51. QA HMA & AGGREGATE: 42. ELECTRICAL ENGINEERING: X 52. QA PCC & AGGREGATE: 43. MECHANICAL ENGINEERING: X 53. BITUMINOUS MIX DESIGNS 44. SANITARY ENGINEERING: X 54. SUBSURFACE UTILITY ENGINEERING: X PREQUALIFIED A YOU INDICATED "IN-HOUSE" CAPABILITY IN THESE AREA OF THE "SEFC" BUT WE FOUND NO DETAILED INFORMATION AS REQUESTED ON WHICH TO BASE OUR EVALUATION. P PENDING FUTHER REVIEW S PREQUALIFIED, BUT WILL NOT ACCEPT STATEMENTS OF INTEREST L LOSS OF PREQUALIFICATION Minis Department of Transportation Office of Small Business Services 2300 South Dirksen Parkway / Springfield, Illinois 62764 June 29, 2009 CERTIFIED -RETURN RECEIPT REQUESTED Mr. Paul Wang Wang Engineering, Inc. 1145 N. Main St. Lombard, IL 60148 Dear Mr. Wang: This is written notification that the Illinois Department of Transportation (1DOT) has revised your work categories after reviewing and approving your request of June 16, 2009. As of the date of this letter, your approved categories will be: • Structure Geotechnical Reports • Subsurface Explorations • General Geotechnical Services • Complex Geotechnical/Major Foundation • Construction Inspection • QA Complete • QA HMA & Aggregate • QA PCC & Aggregate The next IL UCP DBE Directory will reflect the revised categories. If you have any questions or require additional information, please contact this agency at (217) 782-5490. Sincerely, Debra A. 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T'}: r` -� t sy P s.:; Y.,.,E2 ♦ -.+ PAZ _ r+ =w✓ }k, sr k ,c° - Y f� TV ti I. r s I Evanston Lakefront Corridor Off-Svstem Blcvcle Path from Lee Street to 500' North of Clark Street Phase III Enalneerina Prolect Schedule 2010 TASK Mar I Apr I May ` Jun I Jul ' Aug I Sep Letting Date (31512010) Contract Negotiations & Mobilization Notice to Proceed (anticipated 5/1/10) Preconstruction Activities Construction Observation Post Construction Activities IPro)ect Completion (anticipated 9/30110) I