===== PDF PAGE 73 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: Resolution No. 22-R-0072 - HR Green, Inc. - Phase 111 COMMITTEE AGENDA DATE: December 1, 2022Construction Engineering Services for Technology Boulevard COUNCIL AGENDA DATE: December 19, 2022Resurfacing Project in the amount not to exceed $89,018.00 STAFF REVIEW: Mehul T. Patel, P.E., CFM., Director of Public Works SIGNATURE APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE ITEM SUMMARY: Technology Boulevard Resurfacing Project (Project) between Fabyan Parkway and Roosevelt Road (IL-38) is targeted for a March 10, 2023, Illinois Department of Transportation (IDOT) letting with construction anticipated to begin in the summer of 2023. The project is federally funded through the region's Surface Transportation Program (STP), administered by IDOT, with matching local funds from the City's Motor Fuel Tax (MFT) Fund. The estimated construction cost for the Project is $1,008,455.89. The City received 80% federal funds or an amount not to exceed $887,441 for both Construction and Construction Engineering (CE). To use federal funds, CE is required to ensure that the Project is completed and documented in accordance with !DOT-approved plans, specifications, and policies. Furthermore, CE services are required and selected through a process known as Qualifications Based Selection (QBS). This process is mandatory for all projects in which federal funds are used for CE with a value of $40,000 or greater. A Most Qualified Firm (MQF) is selected based on the QBS evaluation process. In October 2022, a public notice was advertised seeking a Statement of Interest (SOI) from qualified engineering firms for CE services. After a three-week advertising period, six SOis were evaluated in November 2022. Two personnel from the City staff and an Assistant Director of Public Works from another municipality evaluated the SOis. Following are the results of the evaluation: Engineering Firms Average Weighted Total Overall Rank HR Green, Inc. 88.58 1 Thomas Engineering Group 87.55 2 ESI Consultants 86.55 3 BLA, Inc. 82.25 4 ERA 81.25 5 SPACECO, Inc. 73.33 6 Based on the QBS process, HR Green, Inc. (HRG) is determined to be the MQF for this Project. Staff solicited a cost proposal from HRG following the QBS process. HRG's scope of work will include Project start-up, construction observation and administration, construction layout, project coordination with the City, contractor, businesses as well as other stakeholders, and closeout. Material testing is also included in the proposed agreement, which will be completed by HRG's sub-consultant Rubino Engineering, Inc. The FY 2023 Proposed Budget includes $100,900 under the Motor Fuel Tax Fund (16-34-58-4807) for CE services. HRG's original proposed scope and service fees were $98,664. After successful negotiations, HRG was able to reduce its proposed fees by $9,649 or 9.8% to a proposed agreement amount not to exceed $89,018.00. Typically, engineering service fees on construction projects range from 10% to 15% of the construction cost. HR Green's proposed CE aQreement amount is 8.8% of the estimated Project construction cost of $1 ,008,455.89. CE ===== PDF PAGE 74 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO costs will need to be initially funded by the City. The City will need to seek 80% reimbursement through IDOT at the completion of the Project. ACTIONS PROPOSED: Approve Resolution No. 22-R-0072 authorizing the Mayor to execute a Local Public Agency Engineering Services Agreement (BLR 05530) with HR Green, Inc. of McHenry, IL for Phase Ill Construction Engineering services related to the Technology Boulevard Resurfacing Project in the amount not to exceed $89,018. COMMITTEE RECOMMENDATION: ===== PDF PAGE 75 ===== [Extraction: embedded PDF text] RESOLUTION NO. 22-R-0072 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE LOCAL PUBLIC AGENCY ENGINEERING SERVICES AGREEMENT WITH HR GREEN, INC. OF MCHENRY, ILLINOIS FOR CONSTRUCTION ENGINEERING SERVICES RELATED TO THE TECHNOLOGY BOULEVARD RESURFACING PROJECT IN AN AMOUNT NOT TO EXCEED $89,018.00 BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute a Local Public Agency Engineering Services Agreement (BLR 05530) with HR Green, Inc. of McHenry, IL for Phase III Construction Engineering services related to the Technology Boulevard Resurfacing Project in the amount not to exceed $89,018, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 19th day of December 2022. AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: Executive Office Assistant Valeria Perez ===== PDF PAGE 76 ===== [Extraction: embedded PDF text] f;i;;')\ Illinois Department Local Public Agency of Transportation Engineering Services AgreementW Agreement For Agreement Type D No jFederal CE !originalUsing Federal Funds? 181 Yes LOCAL PUBLIC AGENCY ,_L_oc__a_l__P__u_bl_ic_A~g~e_n_cy~--------------,....=C~o..;;;.u'""'nt"""y ____ _ __, Section Number Job Number lw_e_st_C_hi_ca_g_o.__ _ _ ______ louPage lc-91-158-22 __.I 1'"""'120"'""'-o~o"'"-'-oa-=5'-=_o-""'-o--RS-_,l ....P~ro~ie~c=t -'-N=u~m=b..;;;.e~r--~....=C~o~nt=a=ct~N~a=m~e'----------,PhoneNumber ....=E__m=a._il_____________ __, l._K_C_B_A_(2_9_0)___ _.l.l_o_av_e_S_h_a_h _____ ____.ll(630) 293-2255 lldshah@westchicago.org SECTION PROVISIONS ,...;:L..;;;.oc=a=l~S=tr..;;;.ee=U~R~o=a=d_,_N=a=m=e'-----------~.-K=e~y_R=o=ut=e _ ___ __,~L~en~g~th__ ~~s__tr__uc_t_ur_e_N_u_m_b_e_r _____ __, .__lre_c_hn_o_lo_gy_ B_o_u_lev_a_rd___ ___ ~l l.__FA_U_7_2_6o__ ~ll1. 79 mi llNA Location Termini Add Location ._llL_-_3_8_(_R_o_o_s_ev_e_l_t _R_o_ad_)_a_n_d_E_a_st_F_a_b_y_a_n_P_a_r_kw_ay_______ ______ ___ ~I Remove Location Proiect Descriotion The project includes milling and resurfacing, pavement patching, intermittent sidewalk curb ramp upgrades, curb and gutter removal and replacement, pavement markings, parkway restoration and other miscellaneous items necessary to complete this project in accordance with the plans and specifications. Engineering Funding 181 Federal IZ! MFT/TBP 0 State IZ! Other !Local :===========================:::::==; Anticipated Construction Funding IZI Federal IZI MFT/TBP 0 State IZI Other !._L_o_c_a_I______________ _..... AGREEMENT FOR IZ! Phase Ill - Construction Engineering CONSULTANT ,_P_ri......m~e__C~o_n_s_ul--ta_n"'"t~F_ir__m""-N_a_m--e_ ___ ...,~c--o__nt.....a_,_ct"'-'N"'""'a._m_e'--------. Phone Number """E""'m....a--il _______ ____ __, ,_H_R_G_re_e_n________ __.~IT_o_dd_D_es_t_re_e__ ~ll(8 15) 509-9307 jjtdestree@hrgreen.com ....A=d=dr~e..;;;.ss""--------------------~ ,...C_ll~Y------------, State Zip Code l._1_39_1_C_o_rp_o_ra_t_e_D_r_iv_e_,s_u_i_te_2_0_3_______ __,l._IM_c_H_e_n_~_____ __ __.l~._l6_0_05_0_ _ ~ THIS AGREEMENT IS MADE between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT," will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER. acting as an individual, partnership, firm or legal entity, qualifies for professional status and will be governed by professional ethics in its relationship to the LPA and the DEPARTMENT. The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the construction PROJECT In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Completed 11 /30/22 Page 1 of 11 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 77 ===== [Extraction: embedded PDF text] AGREEMENT EXHIBITS The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT: [8J EXHIBIT A: Scope of Services [8] EXHIBIT B: Project Schedule [8] EXHIBIT C: Qualification Based Selection (QBS) Checklist [8] EXHIBIT D: Cost Estimate of Consultant Services (CECS) Worksheet (BLR 05513 or BLR 05514) [8] EXHIBIT E: Rubino Engineering Cost Proposal [8] EXHIBIT F: BC 775 [8] EXHIBIT G: BC 776 I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with the proposed improvements herein before described. 2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation. Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes, and the local laws or ordinances of the LPA. 5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 6. To invoice the LPA for Preliminary and/or Design Engineering: The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called for in the AGREEMENT or any subsequent Amendment or Supplement. 7. To submit a completed BLR 05613, Engineering Payment Report, to the DEPARTMENT within three months of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. The form shall be submitted with the final invoice. 8. 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 US Department of Transportation (US DOT) assisted contract. Failure by the Engineer to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 9. That none of the services to be furnished by the ENGINEER shall be sublet assigned or transferred to any other party or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 10. For Construction Engineering Contracts: (a) The ENGINEER shall be prequalified with the STATE in Construction Inspection. All employees of the ENGINEER serving as the onsite resident construction supervisor or providing construction inspection shall have a valid Documentation of Contract Quantities certification. (b) For all projects where testing is required, the ENGINEER shall obtain samples according to the STATE Bureau of Materials. "Manual of Test Procedures for Materials," submit STATE Bureau of Materials inspection reports; and verify compliance with contract specifications. 11 . That the engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with this AGREl::MENT (See DIRECT COST tab in BLR 05513 or BLR 05514). II. THE LPA AGREES, 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a) Professional Services Selection Act (50 ILCS 510), The Brooks Act (40 USC 11 ), and the Procurement, Management, and Administration of Engineering, and Design Related Services (23 CFR part 172). Exhibit C is required to be completed with this AGREEMENT. 2. To furnish the ENGINEER all presently available survey data, plans, specifications, and project information. 3. For Construction Engineering Contracts: (a) To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. (b) To submit approved forms BC 775 and BC 776 to the DEPARTMENT when federal funds are utilized. 4. To pay the ENGINEER: Completed 11130122 Page 2 of 11 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 78 ===== [Extraction: embedded PDF text] (a) For progressive payments - Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, 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 LPA but not later than 60 days after the work is completed and reports have been made and accepted by LPA and DEPARTMENT, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 5. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the SLR Manual. Method of Compensation: D Lump Sum D Specific Rate ~ Cost plus Fixed Fee: Fixed Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF= (0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15% of the DL + OH. Field Office Overhead Rates: Field rates must be used for construction engineering projects expected to exceed one year in duration or if the construction engineering contract exceeds $1,000,000 for any project duration. 6. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US 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 US DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US 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 violatlon 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.). Ill. IT IS MUTUALLY AGREED, 1. No work shall be commenced by the ENGINEER prior to issuance by the IDOT of a written Notice to Proceed. 2. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amount, 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, the Federal Highways Administration (FHWA) or any authorized representative of the federal government, 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 DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 3. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the DEPARMTENT, and their officers, agents, and employees from all suits, claims, actions or damage liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery. The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 4. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. Completed 11 /30/22 Page 3of11 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 79 ===== [Extraction: embedded PDF text] 5. In the event that the DEPARMENT stops payment to the LPA, the LPA may suspend work on the project. If this agreement is suspended by the LPA for more than thirty (30) calendar days, consecutive or in aggregate, over the term of this AGREEMENT, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred as a result of the suspension and resumption of its services, and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 6. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein. All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA, the DEPARTMENT, and their officers, employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. The ENGINEER and LPA certify that their respective firm or agency: (a) has not 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 the LPA or the ENGINEER) to solicit or secure this AGREEMENT, (b) has not 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) has not paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for the LPA or the ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. (d) that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e) has 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 indicated 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) and (g) has not within a three-year period preceding this AGREEMENT had one or more public transaction (Federal, State or local) terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this certification, an explanation shall be attached to this AGREEMENT. 9. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either party. Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date. Examples of unforeseen causes include but are not limited to: acts of God or a public enemy; act of the LPA, DEPARTMENT, or other approving party not resulting from the ENGINEER's unacceptable services; fire; strikes; and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE, the ENGINEER shall apply in writing to the LPA for an extension of time. If approved, the PROJECT SCHEDULE shall be revised accordingly. 10. This certification is required by the Drug Free Workplace Act (30 ILCS 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 DEPARTMENT 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 or suspension of contract on grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one (1 ) year but not more than (5) years. For the purpose of this certification, "grantee" or "Contractor" means a corporation, partnership or an 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 contract or grant of $5,000 or more from the DEPARTMENT, as defined 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 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 statue conviction for a violation occurring in the workplace no later than (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: Completed 11/30/22 Page 4 of 11 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 80 ===== [Extraction: embedded PDF text] ( 1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy to maintain 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. (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. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, the ENGINEER, LPA and the Department agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B. Time is of the essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the ENGINEER for future project. The ENGINEER will submit progress reports with each invoice showing work that was completed during the last reporting period and work they expect to accomplish during the following period. 11. Due to the physical location of the project, certain work classifications may be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.). 12. For Construction Engineering Contracts: (a) That all services are to be furnished as required by construction progress and as determined by the LPA employee In Responsible Charge. The ENGINEER shall complete all services herein within a time considered reasonable to the LPA, after the CONTRACTOR has completed the construction contract. (b) That all field notes, test records and reports shall be turned over to and become the property of the LPA and that during the performance of the engineering services herein provlded 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. (c) That any difference between the ENGINEER and the LPA 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 LPA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. (d) That in the event that engineering and inspection services to be furnished and performed by the LPA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent employed on such work at the expense of the LPA. (e) Inspection of all materials when inspection is not provided by the sources by the STATE Central Bureau of Materials, and submit inspection reports to the LPA and STATE in accordance with the STATE Central Bureau of Materials "Project Procedures Guide" and the policies of the STATE. AGREEMENT SUMMARY Prime Consultant (Firm) Name TIN/FEIN/SS Number Agreement Amount HR Green 42-0927176 $82,934.00 Subconsultants TIN/FEIN/SS Number Agreement Amount !Rubino Engineering 80-0450719 $6,084.00 Subconsultant Total $6,084.00 Prime Consultant Total $82,934.00 Total for all work $89,018.00 Completed 11130/22 Page 5of11 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 81 ===== [Extraction: embedded PDF text] AGREEMENT SIGNATURES Local Public Agency Type ..=L.::.OC::.::a:.:..l.:....P.::.ub:::.!l.:.::ic~A.:.:gi.=e.:..:.nc:.iy'----------------------, of 1...lw_e_s_t_C_h_i_ca-=g=--o______ ___________ __. Attest: The lcity I & Date)._IB_y_(S_i_g-na-t-ur_e_&- -D-at_e_)_________ ____ __,! IBy (S~nat"'e ,.;;;L;.;::.oc;::.:a::.:..l..:...P..;;;.ub;:;..;l.;.;:ic-=-A..:w..=e.;..;;n~c,__ __ _, Local Public Agency Type Title ._w_e_s_t_C_h_ic_a_g;....o_ ___ ___. c ity Clerk IMayor I I (SEAL) Executed by the ENGINEER: Prime Consuliant (Firm) Name Attest: IHR Green .__y_(_S-ig-n-at-u-re_&_ D_at_e_) _ ________ _____I (Signatu'" & Date)r r' Title Title jsenior Construction Project Manager lvice President Completed 11130/22 Page 6of11 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 82 ===== [Extraction: embedded PDF text] ""'L~oc'""'a"""'I P-'u=b"'""'"lic"-A"""'g._.e_.nc....y_____ __, ,:....P.:..:..:rim.:..:;e=-C=o=n=su=lt=a=nt"""F'""""lrc:..om.:.L..:....;;N=am~e=-----, ,...:;C-=-ou=n=ty'--------. Section Number l._w_e_s_t _C_h_ic_ag_o______ __,! ......H_R_G_re_e_n_______ _,l~o_u_P_ag_e____ ~ll20-oooas-oo-RS EXHIBIT A SCOPE OF SERVICES To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before described and enumerated below HR Green anticipates that this project will begin in May of 2023 and will be completed by June 30, 2023 plus 10 working days. The man-hours provided for construction observation were based upon the time required to monitor the project based upon the contractor completing the project by June 30, 2023 plus 1O working days. Any additional work due to an extended schedule dictated by the contractor's performance or unanticipated work due to site conditions shall warrant a contract addendum. The following is a breakdown of the various tasks associated with the construction observation which will be completed by HR Green: A. Start Up HR Green will complete a preconstruction video of the proposed construction area to document the existing conditions prior to the start of construction. HR Green will also utilize this time to prepare its filing system to meet IDOT documentation standards and incorporate information into IDOT's CMMS construction management system. The project startup also allows HR Green time to review the plans and specifications prior to the start of the project. HR Green will ensure that the project details, construction timelines and any impacts that the project may create will be coordinated with the City prior to the start of construction. HR Green will also coordinate with the businesses within the construction corridor to ensure that the businesses are aware of the project, the project impacts and the construction timing. HR Green will mark, measure and document contract removal payment items prior to the contractor starting work. HR Green anticipates a Construction Engineer will be on-site for approximately forty (40) hours to complete the above noted coordination and construction preparation. A total of a total of forty (40) hours have been allotted to complete the project start up. B. Construction Observation HR Green will provide Construction Observation Services on a time and material, not-to-exceed contract amount basis. HR Green will be on-site to observe that items being constructed and materials being utilized are in general conformance with the approved plans and specifications and the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction. HR Green will complete Inspector's Daily Reports (IDRs) and a daily diary, measure and document contract quantities, complete erosion and sedimentation control inspections. complete payment estimates, change orders, and weekly reports. Weekly reports will be submitted to IDOT, the contractor and the City. HR Green will verify that all materials incorporated into this project are IDOT approved and evidence of material inspection is in compliance with the Project Procedures Guide and Special Provisions of this contract. HR Green shall keep the City informed as to the progress of construction. HR Green anticipated that the Construction Engineer will be on site for approximately forty (40) hours per week for nine (9) weeks (320 hours). A total of three hundred twenty (320) hours have been allotted for daily field construction observation for this project. Completed 11 /30/22 Page 7of11 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 83 ===== [Extraction: embedded PDF text] .=.Lo=c=a.:....:IP-"u=b=lic:....:..A=g=en=c:.t..y_____ ---.r--P"-"rim""""e.::.....:;..Co=n=s=ult=a'"""nt""""F'"""'i'"'"'rm-'-'-'-'N"""am~e-----. County Section Number lwest Chicago j HR Green j'"""o-'u-'P......ag_e_ ___ _,1120-00085-00-RS m1rnstrat1on oordrnation This task will involve the oversight of the project by management which will include the ongoing review of the project execution, documentation, schedule and budget, contract file management and general correspondence between HR Green, the City, the contractor, and subcontractors. HR Green has allotted eighteen (18) hours for the Senior Construction Project Manager to complete this task D. Meetings HR Green will attend the preconstruction meeting at IDOT with the City, the contractor and subcontractors. HR Green anticipates there will be three (3) additional construction progress meetings. A total of twenty four (17) hours have been allotted for the Senior Construction Project Manager to attend the IDOT preconstruction meeting, three (3) construction progress meeting and complete the agenda and meeting minutes for the construction progress meetings. E. Project Close Out HR Green anticipates approximately eighty (80) hours to complete the project closeout and final documentation for this project. This task includes the preparation of final job records, completion of punchlist, final payment estimate and final change order. Quality Assurance Testing Rubino Engineering will provide the Quality Assurance Material Testing Services for this project. Quality Assurance testing for asphalt and concrete shall be completed in accordance with IDOT QC/QA requirements. Completed 11 /30/22 Page 8 of 11 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 84 ===== [Extraction: embedded PDF text] .-L_oc_a_IP_u_b_lic_A~g_e_n_cy~-------. .....P_rim_e_Co_n_s_ult_a_nt~Fi~rm~N_am_e------. County Section Number lw_e_s_t_C_h_ic_a_g_o...... ______ __.l ......H_R_G_r_e_e_n _______ ___.l.-o_u_P~ag_e____ _,1!20-oooas-00-RS EXHIBIT B PROJECT SCHEDULE Anticipated Construction Start: May 1, 2023 Anticipated Construction Completion: July 2023 (June 30 plus 10 Working Days) Completed 11 /30/22 Page 9 of 11 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 85 ===== [Extraction: embedded PDF text] r-'L"""oc"'""a._l_P~u~bl_ic._A_.g~e_n_c~Y---------, ,.:..P"""ri.:..:.m""e-'C::...;o:;..;.n:.;;s..;;.ul""'ta=n=t _..F-'i"'"rm""--'N--'a"'"m"'"e"--__ __, County Section Number l._w_e_s_t_C_h_ic_a_go______ _.l ._H_R_G_re_e_n_______ _.lr-'-D~u-P~ag_e____ _,ll20-oooa5-00-RS Exhibit C Qualification Based Selection (QBS) Checklist The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, OBS requirements must be followed. Under the threshold, OBS requirements do not apply. The threshold is adjusted annually. If the value is under the threshold with federal funds being used, federal small purchase guidelines must be followed. O Form Not Applicable (engineering services less than the threshold) Items 1-13 are required when using federal funds and QBS process is applicable. Items 14-16 are required when using State funds and the QBS process is applicable. No Yes Do the written OBS policies and procedures discuss the initial administration (procurement, management 1 ~ and administration) concerning engineering and design related consultant services? D Do the written OBS policies and procedures follow the requirements as outlined in Section 5-5 and 2 ~ specifically Section 5-5.06 (e) of the BLRS Manual? D 3 Was the scope of services for this project clearly defined? D ~ 4 Was public notice given for this project? D ~ If yes Due date of submittal 0/27 /22 h Method(s) used for advertisement and dates of advertisement City Webpage, 10/6/2022 - 10/27/2022 5 Do the written OBS policies and procedures cover conflicts of interest? D ~ Do the written OBS policies and procedures use covered methods of verification for suspension and 6 debarment? D ~ 7 Do the written QBS policies and procedures discuss the methods of evaluation? D ~ Project Criteria Weighting Proposed Project Staff 45% Firm Experience on Similiar Projects 25% Familiar with Local and State Requirements 10% Proposed Work Load Capacity 10% Firm's Work Load Capacity 10% 8 Do the written QBS policies and procedures discuss the method of selection? D ~ Selection committee (titles) for this oroiect Mehul Patel, Public Works Director and Dave Shah, Assistant Public Works Director Top three consultants ranked for this project in order 1 HR Green 2 Thomas Engineering 3 ESI 9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? D ~ 10 Were negotiations for this project performed in accordance with federal requirements. D ~ 11 Were acceptable costs for this project verified? D l8l Do the written QBS policies and procedures cover review and approving for payment, before forwarding 12 the request for reimbursement to IDOT for further review and approval? D ~ Do the written QBS policies and procedures cover ongoing and finalizing administration of the project 13 {monitoring, evaluation, closfng-out a contract, records retention , responsibility, remedies to violations or D ~ breaches to a contract, and resolution of disputes)? 14 OBS according to State requirements used? D ~ 15 Existing relationship used in lieu of OBS process? l8l D Completed 11 /30/22 Page 10 of 11 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 86 ===== [Extraction: embedded PDF text] Local Public Agency Prime Consultant Firm Name r-C~o~un"'""ty.__ ____ _, Section Number jwest Chicago IHR Green jouPage 1120-oooas-oo-Rs I 16 ILPA is a home rule community (Exempt from QBS). I t81 ID I Completed 11/30/22 Page 11 of 11 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 87 ===== [Extraction: embedded PDF text] Instructions for BLR 05530 - Page 1 of 3 Form instructions are not to be submitted with the form This form shall be used for a Local Public Agency (LPA) to enter into an agreement with an Engineering firm in connection with a project funded with Federal, State, and/or Motor Fuel Tax (MFT) funds. Based on the selection of type of engineering agreement and funding type, the form will change. For more information refer to the Bureau of Local Roads and Streets Manual (BLRS) Chapter 5. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS manual. This form can also be used for structure inspections. When filing out this form electronically, once a field is initially completed, fields requiring the same information will be auto-populated. Using Federal Funds? The user must select yes or no. Based on the selection, a drop-down menu will appear. The language of the form changes based on the selection. Selecting yes indicates federal funds will be used to fund all or a portion of the engineering for this phase of this project. Selecting no indicates no federal funds will be used to fund any engineering for this phase of the project. Agreement For If yes was selected for using Federal Funds, select Federal PE or Federal CE from the drop-down. If no was selected for using Federal Funds, select MFT PE, MFT CE, or MFT PE-CE. Agreement Type From the drop down, select the type of agreement, types to choose from are: Original or Supplemental Number If the agreement is for a supplemental, insert the number of the supplemental using number 1 for the first supplemental, and increase the numbering as the supplementals increase. Local Public Agency Local Public Agency Insert the name of the LPA. This field value is used to populate the LPA name in the Agreement Signatures and the Exhibit pages. County Insert the name of the county in which the LPA is located. Section Number Insert the section number applied to this project without dashes, dashes are automatically inserted. Job Number Insert the job number assigned for the project, if applicable. Project Number Insert the project number assigned for this project, if applicable. Contact Name Insert the name of the LPA contact for this project. Phone Number Insert the phone for the LPA contact listed to the left without dashes. Email Insert the email for the LPA contact listed to the left. Section Provisions Location Use the add location button to add additional locations, if needed, for up to a total of five locations. If there are more than five locations, use various. Local StreeURoad Name Insert the local streeUroad name. Key Route Insert the key route of the streeUroad listed to the left, if applicable. Length Insert the length in miles as it pertains to the location listed to the left. For a structure insert 0.01. Structure Number Insert the existing structure number(s) for this project. Location Termini Insert the beginning and ending termini as it pertains to this location for this project. Add Location Use this button to add additional location. Remove Location Use this button to remove a location added in error. Please note that at least one location is required. Project Description Insert a description of the work to be accomplished by this project. Engineering Funding Check all boxes that apply, if type other is checked, insert the type of other funding in the box following "other." The form will change based on the box(es) checked. Anticipated Construction Funding Check all boxes that apply, if type other is checked, insert the type of other funding in the box following "other." Completed 11 /30122 BLR 05530 (Rev. 07108/22) ===== PDF PAGE 88 ===== [Extraction: embedded PDF text] Instructions for BLR 05530 - Page 2 of 3 Agreement For Select the check box for the type of engineering the agreement is for. Phase I for Preliminary Engineering, Phase II for Design Engineering, Phase Ill for Construction Engineering. When Federal Funds are used, Phase I and Phase II can be selected when the agreement is for Federal PE. When Federal CE is selected, only Phase Ill can be selected. For MFT. the Phases can be selected based on the original selection at the top of the form for the agreement type. Consultant Primary Consultant (Firm) Name Insert the name of the primary consultant firm that will be executing this agreement. This field value is used to populate the consultant name in the Agreement Summary, Agreement Signatures and the Exhibit pages. Contact Name Insert the name of the contact for the firm listed to the left. Phone Number Insert the phone number for the contact listed to the left, without dashes. Email Insert the email of the contact listed to the left. Address Insert the address of the firm listed to the left. City Insert the city of the firm listed to the left. State Insert the state of the firm listed to the left. Zip Code Insert the zip code of the firm listed to the left. Agreement Exhibits Check all that apply, for boxes checked that do not have a description, insert the name of the exhibit. Exhibit A Insert the scope of services covered by this agreement/ project. This exhibit is required. Exhibit B Insert the project schedule that applies to this agreement/ project. This exhibit is required. Exhibit C Qualification Based Selection (QBS) Checklist process must be followed when the value of engineering will meet and/or exceed the threshold in 50 ILCS 510. If the process does not apply, check the form not applicable checkbox on the top of the exhibit page. If the process applies and using federal funds, complete items 1 through 13. If the process applies and using state funds, complete items 14 through 16. Exhibit D Cost Plus Estimate of Consultant Services (CECS) Worksheet (BLR 05513 or BLR 05514). If the method of.compensation was checked (under LPA Agrees item 4) as Cost Plus Flxed Fee (Anniversary Raise or Fixed Raise) in the agreement, then this exhibit is required and the correct BLR form: BLR 05514 for Fixed Raise or BLR 05513 for Anniversary Raise. Exhibit Use the remaining boxes and lines to add additional exhibits as needed. LPA Agrees Method of Compensation Select the method of compensation for this agreement by checking the applicable box. If Percent is checked (this is only available when agreement is for MFT funds.), insert in the box the applicable percentage. If Lump Sum is checked, complete the box after lump sum showing the lump sum compensation amount. For agreements funded with federal funds the lump sum shall be determined by using the Cost Plus Fixed Fee formula. If Specific Rate is checked, insert the specific rate in the box. The specific rate cannot exceed $150,000. For a federal project this is limited to testing services only. If Cost Plus Fixed Fee is checked, select the type of raise the agreement will use: Anniversary or Fixed. If this method is selected, BLR 05513 or BLR 05514 must be included in the exhibits. Completed 11 /30/22 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 89 ===== [Extraction: embedded PDF text] Instructions for BLR 05530 - Page 3 of 3 Agreement Summary Prime Consultant (Firm) Name Field populated from the Prime Consultant (Firm) Name entered on the first pages of the agreement. TIN/FEIN/SS Insert the Prime Consultant's Taxpayer Identification Number (TIN), Federal Employer Identification Number (FEIN) or Social Security Number·(SS). Agreement Amount Insert the maximum agreement amount. Subconsultant(s) As applicable, insert the name of each subconsultant engaged In this agreemenU project. Subconsultants are defined as any firm that is required to complete a Cost Estimate of Consultant Services (CECS) Worksheet. TIN/FEIN/SS Insert the Subconsultant's Taxpayer Identification Number (TIN), Federal Employer Identification Number (FEIN) or Social Se-eurity Number (SS). Agreement Amount Insert the maximum agreement amount for the subconsultant listed to the left. Add Subconsultant If additional lines are needed for additional subconsultants, insert lines as needed and complete the required information. Subconsultant Total This field is automatically completed, it is the sum of all the agreement amounts for all subconsultants listed. Prime Total This field is automatically completed, it is the amount of the prime consultant fee as listed above. Total for All This field is automatically completed, it is the sum of the subconsultant and the prime total. Agreement Signatures Executed by LPA Local Public Agency Type From the drop down, select the type of LPA. Types to choose from are: City, County, Town, or Village. Local Public Agency Field populated from the Local Public Agency entered on the first pages of the agreement. By The LPA clerk will sign here. By The LPA official authorized to sign this agreement will sign and date here. Seal of LPA The LPA will seal the document here. Title Insert the title of the LPA official who signed above. Executed by the Engineer Prime Consultant (Firm) Name Field populated from the Prime Consultant (Firm) Name entered on first pages of the agreement. By The person(s) authorized to sign this agreement from the engineering firm will sign and date here. Title Insert the title of the person signing above. For Agreement using MFT or State Funds only: Regional Engineer Upon approval the Regional Engineer will sign and date here. A minimum of four (4) signed originals must be submitted to the Regional Engineer's District office. Following approval, distribution will be as follows: Central Office (only for Projects using State and/or Federal Funds) District Engineer (Municipal, Consultant or County) Local Public Agency Clerk Completed 11 /30/22 BLR 05530 (Rev. 07/08/22) ===== PDF PAGE 90 ===== [Extraction: embedded PDF text] 3 N 471 Powis Road • West Chicago, Illinois 60185 630.513.1313 • Fax: 630.513.9444 www. classiclandscapel rd. com 11/16/2022 City of West Chicago Attn: Mehul Patel 475 Main Street West Chicago, IL 60185 Mr. Mehul Patel Classic Landscape Ltd. agrees to extend the 2022 ROW Maintenance Program for the City of West Chicago at 2022 contract prices for 2023.