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HomeMy WebLinkAbout12-91 , Resolution No. 12-91 RESOLUTION AUTHORIZING EXECUTION OF AGRE MENT WITH IHC CONSTRUCTION COMPANIES, L. .C. FOR THE RIVERSIDE DRIVE PROMENADE 'ROJECT BE IT RESOLVED BY THE CITY COUNCIL OF TH I CITY OF ELGIN, ILLINOIS,that Sean R. Stegall,City Manager and Kimberly A.Dewis,City Clark,be and are hereby authorized and directed to execute an Agreement with IHC Construction Comp.nies,L.L.C.for the Riverside Drive Promenade Project, copy of which is attached hereto and mad: a part hereof by reference. s/Da 'd J. Ka•tain David J. Kaptain, Mayor Presented: May 9, 2012 Adopted: May 9, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered as of the 1st day of May, 2012, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to a. `OWNER") and IHC Construction Companies, LLC, an Illinois Limited Liability Company (hereinaft. referred to as "CONSTRUCTION MANAGER"). WHEREAS, the OWNER desires to engage the CONSTRUCTION MANAGER to furnish certain professional services in connection with construction of the Riverside Drive Promenade project which generally includes demolition work related to the removal of .e existing parking deck and the construction of shoreline and riverwalk improvements along Ri erside Drive in Elgin, Illinois and adjacent to and above the Fox River, hereinafter referred to as the"P'OJECT". NOW, THEREFORE, it is hereby agreed by and between the OWNER and the CONSTRUCTION MANAGER that the OWNER does hereby retain the CONSTR CTION MANAGER to act for and represent it in construction matters involved in the PROJECT, .ubject to the following terms and conditions and stipulations, to-wit: ARTICLE 1 All work hereunder shall be performed under the direction of the Cit, Engineer of the Owner, herein after referred to as the"Director". ARTICLE 2 CONSTRUCTION MANAGE'.'S SCOPE OF SERVICES The Construction Manager shall perform the services described in this Article. The Construction Manager shall furnish construction administration and manage ent to perform the Project in an expeditious and economical manner consistent with the interests of the Owner. The Owner shall endeavor to promote harmony and cooperation among the Owner, chitect, Construction Manager and other persons or entities employed by the Owner for the Project. The services to be provided under Paragraph 2.1 and 2.2 constitute the Preconstruction Phase services. 2.1 PRE-CONSTRUCTION PHASE 2.2.1 CONSULTATION The Construction Manager with the Architect shall jointly schedule and attend regular meetings with the Owner. The Construction Manager shall consult with the Owner and Architect regarding site use and improvements, and the selection of materials, building systems and equipment. The Construction Manager shall provide recommendations on construction feasibi ty; actions designated to minimize adverse effects of labor or material shortages; time requiremen . for procurement, installation and construction completion; and factors related to construction cost incl ding estimates of alternative designs or materials,preliminary budgets and possible economics. 2.2.2 PHASED CONSTRUCTION The Construction Manager shall make recommendations to the Own- and Architect regarding the phased issuance of Drawings and Specifications to facilitate phased cons' ction of the Work, if such phased construction is appropriate for the Project, taking into consideratio u such factors as economies, time of performance, availability of labor and materials, and provisions for emporary facilities. It is the current expectation of the parties that the Project will be constructed in p ases. In the event the Project does proceed in phases it is expected that one or more phases of the oject may have proceeded into the construction phase while one or more other phases of the Project ma still be in the preconstruction phase. It is the intention of the parties that the provisions of this agre- ent shall to the extent necessary be construed to accommodate and permit such phasing and that the co is lete scope of work to be completed on the project will vary until all phases of the work are bid. Th: Owner, Architect and Construction Manager agree to work cooperatively to create a scope of work that is the Owner's budget. 2.2.3 SUBCONTRACTORS AND SUPPLIERS AND PROJE I T PROCUREMENT The Construction Manager shall seek to develop subcontractor int- est in the Project and shall furnish to the Owner and Architect for their information a list of possible sum contractors, including suppliers who are to furnish materials or equipment fabricated to a special des gn, from whom proposals shall be requested for each principal portion of the Work. The Architect s all promptly reply in writing to the Construction Manager if the Architect or Owner know of any objec u on to such subcontractor or supplier. The receipt of such list shall not require the Owner or Architec to investigate the qualifications of proposed subcontractors or suppliers,nor shall it waive the right of he Owner or Architect later to object to or reject any proposed subcontractor or supplier. The Construction Manager shall conduct up to one (1)meeting wi local firms interested in working on the Project to explain the bidding and award process and to solici local firms to bid the project. The location and/or meeting rooms for the meetings will be furnished by he Owner. In all contracting,hiring or employment made possible or resulting om this Agreement, there shall be no discrimination against any firm, employee or applicant for employ ent because of sex, age, race, color, creed, national origin, marital status, or the presence of any sensory mental or physical handicap, unless based upon a bona fide occupational qualification, and this require ent shall apply,but not be limited to, employment advertising; layoff or termination;rates of pay or other orms of compensation; and selection for training,including apprenticeship. No person shall be denied or subjected to discrimination in rece.et of the benefit of any services or activities made possible by or resulting from this Agreement on t e grounds of sex, race, color, creed, national origin, age(except minimum age and retirement provisions), marital status or the presence of any sensory, mental or physical handicap. Any violation of this provisi iii shall be considered a violation of a material provision of this Agreement. The Construction Manager shall include language banning di.crimination per the above in all subcontracts and purchase orders for the project. The construction work on the Project shall be performed under • bcontracts or by other appropriate agreements with the Construction Manager. Source selection for all subcontractors and suppliers shall be conducted in conformance with the City of Elgin procurement or•inance. The Construction Manager 2 may use a prequalification process to pre-qualify bidders to deter ' e the responsibility of prospective bidders. The Construction Manager shall obtain bids from Subcontr:ctors and from suppliers of materials or equipment fabricated to a special design for the Work from quali ed bidders and, after analyzing such bids and offerers, shall deliver such bids to the Owner and Archite t The Owner shall then determine, with the advice of the Construction Manager, which bids shall be ccepted. The Owner may designate specific persons or entities from whom the Construction Manager shall solicit bids. The Construction Manager shall not be required to contract with anyone to whom the onstruction Manager has reasonable objection and the Owner has determined not to be a responsible cr responsive bidder or offeror. The Construction Manager shall prepare Bid Packages consisting of drawings, specifications, and other information prepared by the Architect and Construction Mana mer that include: Invitations to Bid, Instructions to Bidders, Proposal Form, Scopes of Work, General 'equirements, General Conditions and Supplementary General Conditions, sample Trade Contracts, Per crmance and Payment Bond Forms, Insurance Specifications, and other conditions of the contract to s- ure trade contractor or supplier bids for all elements of the project. Bid Packages shall be prepared and developed as the Constructio Manager determines are in the best interests of the project. The form and contents of all bid pack.ges shall be subject to the advance approval of the Owner. Bid packages shall be publicly advertised , i d bid openings shall be conducted as approved by the Owner and in conformance with the City of Elgin p iocurement ordinance. All successful bidders shall be compensated in accordance with le Illinois Prevailing Wage Act, and shall be required to comply with all federal, state and local laws regulations, orders, and ordinances applicable to public contractors in Illinois. All successful bidders s all be required to certify that they are not barred from contracting with any unit of state or local governme t as a result of a violation of Section 33E-3 or 33E-4 of the Interference with Public Contracting Act, 720 ILCS 5/33-E-1, et. Seq. (1996). No portion of the Work may be performed by the Construction Ma.ager or its affiliates except with the Owner's advance written approval. If the Construction Manager makes such a request to perform a portion of the Work which is approved by the Owner prior to the iss ance of a bid package with respect to the subject portion of the Work, the Construction Manager shall sub 't its own sealed bid in conformance with the terms of this agreement and with the City of Elgin proc ement ordinance. The provisions of this paragraph shall not apply to the General Conditions construction services to be provided by the Construction Manager as described in Section 5.1.1 and in Exhibit 4 ereto. 2.2.4 LONG-LEAD TIME ITEMS The Construction Manager shall recommend to the Owner and Arci 'tect a schedule for procurement of long-lead time items which shall constitute part of the Work as requi ed to meet the Project schedule. If approved by the Owner, the Construction Manager shall pro:ure long-lead items in advance of subcontracts for the Work; provided however, any such procuremen shall be conducted in conformance with the requirements of the City of Elgin procurement ordinanc The Construction Manager shall expedite the delivery of long-lead time items. 2.2.5 EXTENT OF RESPONSIBILITY The Construction Manager does not warrant or guarantee estimate. and schedules except as may be included as part of the Guaranteed Maximum Price. The r- ommendations and advice of the Construction Manager concerning design alternatives shall be subj. t to the review and approval of the 3 . Owner and the Owner's professional consultants. The Owner, Arc •tett and Construction Manager agree to work cooperatively to create a scope of work that fits the Own 's budget. The Construction Manager shall not be liable for failure to ascertain that the Drawings and .pecifications are in accordance with applicable laws, statutes, ordinances,building codes,rules and re. lations. However, if the Construction Manager recognizes that portions of the Drawings and Specific:tions are at variance therewith, the Construction Manager shall promptly notify the Architect and Own in writing. 2.2.6 PRECONSTRUCTION PHASE KEY PERSONNEL The following Key Personnel of the Construction Manager shall p;rticipate and shall be involved in the Preconstruction Phase of the Project for the duration of Preconstruc o on Services. NAME TITLE 1. Dave Rock President 2. Walt Dwyer Vice President&Project Executive 3. Pete Nielsen Sr.Project Manager 4. Tom Alton Senior Estimator The Construction Manager shall not reassign or replace Precons i ction Key Personnel as identified herein without the prior approval of the Owner, which approval shal not be unreasonably withheld. Estimated and anticipated man hours included in the Constru'tion Manager's lump sum fee for Preconstruction Services for the Construction Manager's personn-1 are included in Exhibit 2 to this agreement. 2.2.7 PROJECT STATUS The Construction Manager shall conduct two status sessions during the project. One status session shall be conducted during the Preconstruction Phase and shall involve th- Owner, Architect and Construction Manager. One status session shall be conducted during the Cons a ction Phase and shall involve the Owner, Architect, Construction Manager and selected Trade ontractors. In addition, periodic Owner/Architect/Construction Manager status meetings to review th- progress of the project shall be held periodically through the project but not less than every three(3)mon a . 2.3 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME 2.3.1 Upon receipt of all subcontract and supplier bids for tie project or a phase thereof, the Construction Manager shall propose a Guaranteed Maximum Pri e, which shall be the sum of the contracts awarded to date, the estimated Cost of the Work not et bid, the Construction Manager's contingency, estimated cost of general conditions, the Constru. 'on Manager's Fee, and Owner's Allowance, and other costs that are a part of the project. As phaseare bid, the scope of work will be adjusted to fit the owner's budget. When all subcontract and suppli.1 bids are received, the Construction Manager shall propose a final Guaranteed Maximum Price. 2.3.2 The Estimated Cost of the Work shall include the Construe on Manager's Contingency, a sum established by the Construction Manager for the Construction Ma ager's exclusive use to cover costs which are properly reimbursable as a Cost of the Work but not t e basis for a Change Order. The 4 • e Construction Manager's Contingency shall be equal to 8.0% of the total of all subcontracts and purchase orders for the project. Savings from the awarded subcontractor or supplier contracts shall accrue and be available for use in the same manner as the Construction Mana:er's contingency. The Construction Manager shall report the expenditure of Construction Manager'• Contingency to the Owner as any expenditure occurs and monthly. The Construction Manager and 0 •er,upon agreement, may reduce the contingency as certain milestones in the project are completed. 'eductions in the contingency may be used, at the Owner's discretion, to add or enhance project elements. 2.3.3 The Construction Manager is authorized to enter into ame u dments to the awarded subcontractor and supplier contracts when the subject of any such amendment doe, not constitute a Change in the Work, is required to complete work within the scope of the Project, and i properly reimbursable as a Cost of the Work. Any such amendments to the subcontractor and s pplier contracts authorized by the Construction Manager shall be applied and charged against the Construction Manager's Contingency. Any such amendments which would cause the Guaranteed Maxi m Price to be exceeded shall be paid by the Construction Manager without reimbursement by the 0 •er. In the event any such proposed amendment is not germane to the original subcontract as signed . I is in an amount equal to or greater than 10%of the original subcontract or more,the Construction Man ger shall, to the extent circumstances reasonably permit, obtain bids for the additional work which is the subject of the proposed amendment pursuant to the procedures as set forth in Section 2.1.6 hereof. Am- dments to the awarded subcontractor and supplier contracts which constitute a Change in the Work and .1 e not within the scope of the Project shall be accomplished by Change Orders pursuant to Article 10 of he General Conditions. All Change Orders shall be authorized by the Owner pursuant to the procedures Article 3.2., and according to law. 2.3.4 BASIS OF GUARANTEEED MAXIMUM PRICE The Construction Manager shall include with the Guaranteed aximum Price proposal a written statement of its basis, which shall include: 1. A list of the Drawings and Specifications, incl ding all addenda thereto and the Conditions of the Contract, which were used in pr-s aration of the Guaranteed Maximum Price proposal. 2. A list of allowances and a statement of their basis. 3. A list of the clarifications and assumptions made •y the Construction Manager in the preparation of the Guaranteed Maximum Price pro•osal to supplement the information contained in the Drawings and Specifications. 4. The proposed Guaranteed Maximum Price, includis g a statement of the estimated cost organized by trade categories based upon the pro Dosed low responsive bids for each category, allowances, contingency, general conditisns of construction and other items and the fee that comprise the Guaranteed Maximum 'rice. 5. The Date of Substantial Completion upon which I e proposed Guaranteed Maximum Price is based, and a schedule of the Construction Documents issuance data upon which the date of Substantial Completion is based. 2.3.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price Proposal and the written statement of its basis. In le event that the Owner or Architect discover any inconsistencies or inaccuracies in the information pres.nted, they shall promptly notify the 5 Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal,its basis or both. 2.3.6 Unless the Owner accepts the Guaranteed Maximum Pric; Proposal in writing on or before the date specified in the proposal for such acceptance and so no; es the Construction Manager, the Guaranteed Maximum Price proposal shall not be effective without written acceptance by the Construction Manager. 2.3.7 Prior to the Owner's acceptance of the Construction M. lager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, the Construction anager shall not incur any cost to be reimbursed as part of the Cost of the Work for Subcontractors, :xcept as the Owner may specifically authorize in writing. 2.3.8 Upon acceptance by the Owner of the Guaranteed Maxi m Price proposal, the Guaranteed Maximum Price and its basis shall be set forth in Amendments to ti's agreement. To the extent that the Project proceeds in phases pursuant to Subparagraph 2.1.2, such a endments shall be added to the then current Guaranteed Maximum Price, it being the intent of the !arties that there be one Guaranteed Maximum Price for the entire Project. The Guaranteed Maximum ' *ce shall be subject to additions and deductions by a Change in the Work as provided in the Contract Documents and the date of Substantial Completion shall be subject to adjustment as provided in Section 8. of the General Conditions. 2.3.9 The Owner shall authorize and cause the Architect to revi•e the Drawings and Specifications to the extent necessary to reflect the agreed-upon assumptions and cl. •fications contained in Amendments to this agreement. Such revised Drawings and Specifications spall be furnished to the Construction Manager in accordance with schedules agreed to by the Owner, • chitect and Construction Manager. The Construction Manager shall promptly notify the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed upon assumptions ant clarifications. 2.3.10 The Guaranteed Maximum Price shall include in the Cost o the Work only those taxes which are enacted at the time the Guaranteed Maximum Price is established. 2.3.11 The Guaranteed Maximum Price shall include an amount e I ual to 2%of the Cost of the Work for an Owner's Allowance which shall be for the exclusive use of the owner. In the event that the Owner's Allowance is not expended during the project, all remaining Own-I's Allowance shall be returned to the Owner without any share of savings by the Construction Manager p. Article 5.2.2 2.4 CONSTRUCTION PHASE 2.4.1 GENERAL The Construction Phase of the Project or a phase thereof shall co -nce upon the following: 1. The Owner's acceptance of the Construction M. ager's Guaranteed Maximum Price proposal for the Project or a phase thereof, and 2. The Owner's issuance of a notice to proceed ani Owner's first authorization to the Construction Manager to award a subcontract for th- construction of the Project or phase thereof. 2.4.2 ADMINISTRATION 6 2.4.2.2 The Construction Manager shall schedule and conduct eekly meetings at which the Owner, Architect, Construction Manager and appropriate Subcontractors c; • discuss the status of the Work. The Construction Manager shall prepare and promptly distribute meeti• minutes. 2.4.2.3 The Guaranteed Maximum Price proposal shall include a schedule in accordance with Paragraph 3.10 of the General Conditions,including the Owner's occupancy r-quirements. 2.4.2.4 The Construction Manager shall provide monthly written eports to the Owner and Architect on the progress of the entire Work. The Construction Manager shall m.intain a daily log containing a record of weather, Subcontractors working on the site, number of wo kers, Work accomplished, problems encountered and other similar relevant data as the Owner may seasonably require. The log shall be available to the Owner and Architect. 2.4.2.5 The Construction Manager shall develop a system of cost •ontrol for the Work,including regular monitoring of actual costs for activities in progress and estimate- for uncompleted tasks and proposed changes. The Construction Manager shall identify variances b-u een actual and estimated costs and report the variances to the Owner and Architect at regular intervals. 2.5 UNSAFE MATERIALS In addition to the provisions of Paragraph 4.06 of the General Cond tions, if precautions are inadequate to prevent foreseeable bodily injury or death to persons resulting fro a material or substance encountered but not created on the site by the Construction Manager, the Construction Manager shall, upon recognizing the condition, immediately stop Work in the affecte a area and report the condition to the Owner and Architect in writing. The Owner, Construction Manag- and Architect shall then proceed in the same manner described in Subparagraph 4.06 D of the General I onditions. The Owner shall obtain the services of a licensed laboratory, or • 'er reasonably appropriate entity, to verify the presence or absence of the material or substance reported by the Construction Manager and, in the event such material or substance is found to be present, to veri y that it has been rendered harmless. Unless otherwise required by the Contract Documents, the 0 a er shall furnish in writing to the Construction Manager and Architect the names and qualificati.• of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substa e. The Construction Manager and Architect shall promptly reply to the Owner in writing stating hether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Construction Manager or Architect has an objection to a person or entity proposed by the 0 er, the Owner shall propose another to whom the Construction Manager and Architect have no reasonabl- objection. 2.6 PROGRESS REPORTS 2.6.1 An outline project milestone schedule is provided herein tma er: Exhibit 3: Revised Conceptual Schedule 2. 2.6.2 A preliminary project schedule for the Project shall be prep. ed by the Construction Manager and submitted to the Owner by April 19, 2012 in accordance with Ar u cle 2.2.3 above. Progress shall be recorded on the project schedule and submitted monthly as a compo ent of the Status Report described in .3 below. A detailed construction schedule shall be submitted .th each phase of the Guaranteed Maximum Price. 7 2.6.3 The Construction Manager shall submit to the Owner onthly a Status Report keyed to the Project Schedule. A brief narrative shall be provided identifying progress, findings and outstanding issues. Construction progress shall be recorded and submitted onthly as a component of the status report in 2.4.2.4. 2.7 WORK PRODUCTS All work products prepared by the Construction Manager purs t hereto including, but not limited to, reports, photographs and recommendations shall be the property op the Owner and shall be delivered to the Owner upon request of the Manager; provided, however, that the Construction Manager may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the Owner on any extension of the Project o on any other project, and such reuse shall be at the sole risk of the Owner without liability or legal expos e by the Construction Manager. 2.8 KEY PERSONNEL The Construction Manager shall assign and maintain during the dura tion of the Construction Phase of the project the following key personnel: NAME POSITION 1. Walt Dwyer Vice President&Project Executiv: 2. Pete Nielsen Senior Project Manager 3. Mike Carroll Site Superintendent The Construction Manager shall not reassign or replace Key Persinnel as identified herein without the prior approval of the Owner, which approval shall not be unr asonably withheld Estimated and anticipated man hours included in the Construction Manager's 1 mp sum fee for Construction Phase Services for the Construction Manager's personnel are included ' Exhibit 2 to this agreement. In the event requested by the Owner and for good cause, the Construction anager shall reassign or replace any key personnel as identified herein. 2.9 COMMUNICATIONS The Construction Manager shall respond to requests from the 0 er within a reasonable time, but not less than two weeks after receipt by the Construction Manager. ARTICLE 3 OWNER'S RESPONSIBILIT 1;S 3.1 INFORMATION AND SERVICES 3.1.1 The Owner shall provide full information in a timely man .er regarding the requirements of the Project, including a program which sets forth the Owner's objectiv s, constraints and criteria, including space requirements and relationships, flexibility and expandability equirements, special equipment and systems, and site requirements. 8 3.1.2 The Owner shall establish and update an overall budget :or the Project, based on consultation with the Construction Manager and Architect, which shall include ontingencies for changes in the Work and other costs which are the responsibility of the Owner. 3.1.3 STRUCTURAL AND ENVIRONMENTAL TESTS,S RVEYS AND REPORTS In the Preconstruction Phase, the Owner shall furnish the folio 'ng at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accur• y of any such information, reports, surveys, drawings and tests described in Clauses 3.1.3.1 through 3.1.3.4, except to the extent that the Construction Manager knows of any inaccuracy. 3.1.3.1 Reports, surveys, drawings and tests concerning the condi 'ons of the site which are required by law. 3.1.3.2 Surveys describing physical characteristics, legal limitatio s and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent d ainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both .ublic and private, above and below grade, including inverts and depths. All information on the s ey shall be referenced to a project benchmark. 3.1.3.3 The services of geotechnical engineers. Such services :y include but are not limited to test borings, test pits, determinations of soil bearing values, percol.tion tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necess.1 operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 3.1.3.4 Structural, mechanical, chemical, air and water pollution te.ts, tests for hazardous materials, and other laboratory and environmental tests,inspections and reports w i�ch are required by law. 3.1.3.5 The services of other consultants when such services are re:sonably required by the scope of the Project and are requested by the Construction Manager. 3.1.4 The Owner shall only communicate with Subcontractors through the Construction Manager. 3.2 OWNER'S DESIGNATED REPRESENTATIVE The Owner's Designated Representative shall be the Director w o shall have the authority to make decisions on behalf of the Owner which do not affect or change the Cost of the Work or the scope of the Project. For the purposes of this contract the Owner's City Manag- shall have the authority to authorize change orders relating to the construction of the Project up to an amount of less than $20,000.00 per change order. Any such change orders authorized by the City anager shall be applied against the Owner's Allowance established in Section 2.2.11 hereof. A cha ge order shall not be artificially or 9 arbitrarily divided so as to be limited to an amount which may be authorized by the City Manager. Any change order of$20,000.00 or more must be authorized by the Ci Council of the City of Elgin. 3.3 ARCHITECT The Owner shall retain an Architect to provide the Basic Ser ices, including normal structural, mechanical and electrical engineering services, other than cost es 'mating services, described in the Agreement between the Owner and the Hitchcock Design Group, ..ted April 11, 2012 including the additional services described therein if required by the Project. 'uch services shall be provided in accordance with time schedules agreed to by the Owner, Architect ,nd Construction Manager. 3.4 LEGAL REQUIREMENTS The Owner shall determine and advise the Architect and Construetion Manager of any special legal requirements relating specifically to the Project which differ frim those generally applicable to construction in the jurisdiction of the Project. The Owner shall furnish such legal services as are necessary to provide the information and services required under Paragraph 3.1. 3.5 OWNERS INSURANCE The Owner shall provide liability insurance and property insura i ce (Builders Risk Insurance) as defined in Article 5.05 General Conditions. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRE-CONSTRUC I ION PHASE SERVICES The Owner shall compensate and make payments to the Construe ion Manager for Preconstruction Phase services as follows: 4.1 COMPENSATION 4.1.1 For the services described in Paragraphs 2.1 and 2 2 the Construction Manager's Compensation shall be the Lump Sum of $88,420.00 Lump `urn Expenses plus 18% of the Construction Managers 3.25% Fee ($88,420 + (18% x (3.25% x Cost of the Work)) inclusive of all fees and expenses regardless of actual time expended or actual costs incurred by the Construction Management for such services. See Exhibit 2. 4.1.2 Compensation for Pre-Construction Phase services shall be .quitably adjusted if such services extend beyond twelve months from the signature date of this agreement or if the originally contemplated scope of services is significantly modified. Prior to performing any such additional preconstruction phase services the Construction Manager shall rec-ive the advance approval of the Owner for such additional services by way of amendment to thi. agreement. In the event such additional preconstruction phase services are approved by the Own- , the Construction Manager shall receive additional compensation on an hourly basis equal to the ::asic Labor Rate inclusive of all overhead (union fringe benefits, taxes, insurance and small tools) ounded up to the nearest whole dollar. The basic Labor Rate Schedule is attached as Exhibit 1. dditional reimbursable expenses shall be paid at the actual costs of additional expenses times an ov head factor of 105%(actual cost 1.05). 10 4.2 PAYMENTS 4.2.1 The Owner shall make monthly payments to the Construc ion Manager within 30 days after receipt of the Construction Manager's invoice. Said periodic pay ents to the Construction Manager shall not exceed the amounts shown in the following fee schedule, u lus any changes, and full payment for each task shall not be made until the task is completed and . cepted by the Owner. Amounts unpaid after the date on which payment is due shall bear interest at e rate of 4%per annum. ARTICLE 5 COMPENSATION FOR CONSTRUCTION P ASE SERVICES The Owner shall compensate the Construction Manager for Cons u tion Phase services as follows: 5.1 COMPENSATION 5.1.1 For the Construction Manager's construction administratio i and management services during the construction phase including the services as described in Para!Al aph 2.3, the Owner shall pay the Construction Manager in current funds for the Cost of the Wor as defined in Article 6 and the Construction Manager's Fee. The Construction Manager's Fee for Construction and Post Cons' ction Phase Services shall be the total of$367,760 of Management Expenses, plus actual costs inc ed by the Construction Manager for General Conditions construction services not to exceed toe total amount of $741,069.92 (described further below), plus 82% of the Construction Managers 3.25% Fee (3.25% x Cost of the Work) regardless of actual time expended or actual costs incurred by the Construction Manager for such services. The Construction Manager's Fee for construction p s ase services is subject to possible increases in accordance with Article 5.3. The Construction Manag 's Fee for construction and Post Construction phase services may also be equitably adjusted if suc services extend beyond a twelve (12)month construction phase and such additional duration of the •.nstruction phase is as a result of matters identified in Section 12.03 and 12.05 of the General C.nditions as amended. Prior to performing any such additional construction and Post Constructio phase services the Construction Manager shall receive the advance approval of the Owner for su.h additional services by way of amendment to this agreement. If such additional services for addiional duration of the construction and Post Construction phases are so approved by the Owner, the Construction Manager shall receive additional compensation on an hourly basis equal to the basic la.or rate inclusive of all overhead (union fringe benefits, taxes, insurance and small tools)rounded up to the nearest whole dollar. The basic labor rate is attached as Exhibit 1. Additional reimbursable e •enses shall be paid at the actual costs of additional expenses times an overhead factor of one hundr-d fifteen percent (105%) (actual costs times 1.05). See Exhibit 2. The Construction Manager's fee for construction services is understood to include but is not limited to the following costs to support the Construction Manager on the Project: 1. Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site or home offic- personnel performing the duties of Construction Supervisor (including Project Ex: utive), Estimating, Scheduling, Purchasing, Accounting, Cost Control and Safety. 11 2. Wages and salaries of the Construction Manager s supervisory and administrative personnel engaged at factories, workshops or on th. road in expediting the production or transportation of materials or equipment requir-i for the project. 3. Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments, and benefits required by law or collective bargaining agreements, and for personnel not covered by s ch agreements the Construction Manager's standard fringe benefits, including sick eave, medical and health benefits, holidays, vacations, allowed absences and pensi.ns, provided that such costs are based on wages and salaries included in clauses 5.1 1.1 through 5.1.1.2. 4. Costs to support the Construction Manager on the Project consisting of the General Conditions construction services to be providei by the Construction Manager described below. Construction Manager's fee for construction services includes the Construction Manager's actual cost to provide General Conditions Construction Services for the Projec with the total amount thereof not to exceed $741,069.92. The General Conditions construction s. vices shall include the costs to support, operate and maintain the construction site (which inc udes, but is not limited to, de- watering) as described and detailed in Exhibit 4 attached here s. The Construction Manager's estimates of the costs for such General Conditions construction s- ices are also set forth in Exhibit 4 attached hereto. It is agreed that the Construction Manager will use the Owner's -xisting building at the corner of Prairie Street and South Grove Avenue for construction offices. he Owner will waive rents and maintain utilities that include electricity,running water,toilet facili es, heating and cooling. 5.1.2 The Construction Manager's Fee shall be increased on acco t of Changes in the Work by an amount equal to three and one-quarter percent (3.25%) of the Cast of the change determined in accordance with article 10 of the General Conditions. The cost for extended or additional staff shall be equal to the basic labor rate inclusive of all overhead (union fri I ge benefits, taxes, insurance and small tools)rounded up to the nearest whole dollar shown in Exhibi l 1. 5.2 GUARANTEED MAXIMUM PRICE 5.2.1 The Sum of the Cost of the Work including all allowances, ontingencies and amendments as defined in this agreement and Article 6 and including the C instruction Manager's Fees are guaranteed by the Construction Manager not to exceed the budge established by the Owner. The Owner, Architect and Construction Manager agree to adjust the ' ork as provided in the Contract Documents as directed by the Owner to match the budget establishes by the Owner. Such maximum sum as adjusted by approved Changes in the Work is referred to the Contract Documents as the Guaranteed Maximum Price. The budget for the Project approved by the Owner is $10,000,000.01. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. 12 5.2.2 If, upon completion of the Project, the Actual Cost o the Work plus the Construction Manager's Fee is less than the Guaranteed Maximum Price as s et forth Herein and as adjusted by Change Orders and less the amount of the Owner's continency, the Owner shall pay the Construction Manager no additional compensation. 5.3 CHANGES IN THE WORK 5.3.1 Adjustments to the Guaranteed Maximum Price on a count of changes in the work subsequent to the execution of Amendments to this agreement .y be determined by any of the methods listed in Article 10 of the general conditions. 5.3.2 Adjustments to subcontracts awarded with the Owner's prier consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those Subc intracts. ARTICLE 6 COST OF THE WO' 1 6.1 COSTS TO BE REIMBURSED 6.1.1 The term "Cost of the Work" shall mean costs necess. 'ly incurred by the Construction Manager in the proper performance of the Work Such costs shal be at rates not higher than those customarily paid at the place of the Project except with prior cons:ut of the Owner. The Cost of the Work shall include only the items set forth in this Article 6. 6.1.2 LABOR COSTS 1. Wages including costs for taxes, insurance, contri iutions, assessments and benefits required by law or collective bargaining agreemen . of construction workers directly employed by the Construction Manager to perfor e the construction of the Work at the site, the general conditions of construction or, with the Owner's agreement, at off-site workshops. 6.1.3 SUBCONTRACT COSTS Payments made by the Construction Manager to Subcontractors in ccordance with the requirements of the subcontracts,including Payment and Performance Bonds. 6.1.4 COSTS OF MATERIALS AND EQUIPMENT NCORPORATED IN THE COMPLETED CONSTRUCTION 1. Costs, including transportation, of materials and .quipment incorporated or to be incorporated in the completed construction. 2. Costs of materials described in the preceding Clause 6.1.4.1 in excess of those actually installed but required to provide reasonable allows ce for waste and for spoilage. Unused excess materials, if any, shall be handed over to the Owner at the completion of the Work or, at the Owner's option, shall be sold by the Constru tion Manager; amounts realized, if any, from such sales shall be credited to the Owner as . deduction from the Cost of the Work. 13 6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMEN TEMPORARY FACILITIES AND RELATED ITEMS 1. Costs,including transportation,installation, mainte ance, dismantling and removal of materials, supplies, temporary facilities, Project vehicles, machinery, equipment, and hand tools not customarily owned by the construction wor'ers, which are provided by the Construction Manager at the site and fully consumed in 'e performance of the Work; and cost less salvage value on such items if not fully consumes whether sold to others or retained by the Construction Manager. Cost for items previously ed by the Construction Manager shall mean fair market value. 2. Rental charges for temporary facilities, machiner,, equipment, and hand tools not customarily owned by the construction workers, which .re provided by the Construction Manager at the site, whether rented from the Constructio Manager or others, and costs of transportation, installation, minor repairs and replacements dismantling and removal thereof Rates and quantities of equipment rented shall be subject to the Owner's prior approval. 3. Costs of site maintenance and removal of debris fr. the site. 6.1.6 MISCELLANEOUS COSTS 1. That portion directly attributable to this Contract o premiums for the Construction Manager's Payment for Performance bonds, if required. 2. Sales, use or similar taxes imposed by a governme al authority which are related to the Work and for which the Construction Manager is liable. 3. Royalties and license fees paid for the use of a pa u cular design, process or product required by the Contract Documents; the cost of defending .uits or claims for infringement of patent or other intellectual property rights arising from •uch requirement by the Contract Documents; payments made in accordance with legal ju'gments against the Construction Manager resulting from such suits or claims and payme I is of settlements made with the Owner's consent; provided, however, that such costs o legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or the Guaranteed Maximum Price and provided that such royalti s, fees and costs are not excluded by the last sentence of Subparagraph 3.17.1 of the General Conditions or other provisions of the Contract Documents. 4. Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility to the Owner set forth in I's Agreement. 5. Legal, mediation and arbitration costs, other than dose arising from disputes solely between the Owner and Construction Manager, reasona.ly incurred by the Construction Manager in the performance of the Work and with the 0 'er's written permission, which permission shall not be unreasonably be withheld. 6. Reproduction costs and associated postage and ship ping costs. 14 7. Advertising expenses required to comply with p blic bidding laws or required for local business outreach programs. 8. Coordination of and payments to testing laboratories for tests required by the Contract Documents, except those related to nonconfor g Work other than for which payment is permitted by Clause 6.1.8.2 9. Fees and assessments for the building permit .nd other permits, licenses, and inspections for which the Construction Manager is requires to pay to construct the project. 6.1.7 OTHER COSTS 1. Other costs incurred in the performance of the Wo k if and to the extent approved in advance in writing by the Owner. 6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR ONCONFORMING WORK The cost of the Work shall also include costs described in Sub par.graph 6.1.1 which are incurred by the Construction Manager: 1. In taking action to prevent threatened damage, inj or loss in case of an emergency affecting the safety of persons and property, as provided n Paragraph 10.3 of the General Conditions. 2. In repairing or correcting damaged or noncore orming Work executed by the Construction Manager or the Construction Manager's Sub ontractors or suppliers, provided that such damaged or nonconforming Work was not cans.. by the negligence or failure to fulfill a specific responsibility to the Owner set forth in e Agreement of the Construction Manager or the Construction Manager's foremen, engin.ers or superintendents, or other supervisory, administrative or managerial personnel of s e Construction Manager, or the failure of the Construction Manager's personnel to sup- 'se adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, Sub ontractors or suppliers. 6.1.9 The costs described in Subparagraphs 6.1.1 through 6.1.8 s all be included in the Cost of the Work notwithstanding any provision of the General Conditions or other Conditions of the Contract which may require the Construction Manager to pay such costs, sless such costs are specifically excluded by the provisions of Paragraph 6.2. 6.2 COSTS NOT TO BE REIMBURSED 6.2.1 The Cost of the Work shall not include and the Owner shal not be required to pay for any of the following,which list shall not constitute a limitation 1. Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices otter than the site office, except as specifically provided in Clauses 5.1.1.1, 5.1.1.2,and 6.1.2.1. 2. Expenses of the Construction Manager's principal office and offices other than the site office except as specifically provided in Paragraphs 5.1 a s s 6.1. 15 3. Overhead and general expenses, except as may be :xpressly included in Paragraphs 5.1 and 6.1. 4. The Construction Manager's capital expenses, inc ding interest on the Construction Manager's capital employed for the Work. 5. Rental costs of machinery and equipment, ex.ept as specifically provided in Subparagraph 6.1.5.2. 6. Except as provided in Clause 6.1.8.2, costs due to he negligence of the Construction Manager or the failure of the Construction Manager to fulfil a specific responsibility to the Owner set forth in the Agreement. 7. Except as provided in Clause 6.1.7.1 any cos not specifically and expressly described in Paragraph 6.1. 8. Costs which would cause the Guaranteed Maximu n Price to be exceeded. 6.3 ACCOUNTING RECORDS 6.3.1 The Construction Manager shall keep full and detailed acc• is and exercise such controls as may be necessary for proper financial management under this Con tract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the 0 •er's accountants shall be afforded access to the Construction Manager's records, books, corresp•ndence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and •then data relating to this Project, and the Construction Manager shall preserve these for a period of of less than three years after final payment, or for such longer period as may be required by law. 6.3.2 The Construction Manager shall maintain a schedule of va es showing all awarded contract amounts, estimated amounts not yet let, contingencies, fees, allo ances, estimated cost of general conditions of construction, miscellaneous expenses and other cos s of the work that represent the Guaranteed Maximum Price. The schedule of values will be a.justed monthly as contracts are awarded, contract amendments approved, estimates revised, allow. ces used, contingencies spent or other modifications approved by the owner that do not exceed the uaranteed Maximum Price. The schedule of values will be the basis for progress payments. ARTICLE 7 CONSTRUCTION PHASE 7.1 PROGRESS PAYMENT 7.1.1 The Construction Manager shall submit invoices in a •rmat approved by the Owner. Progress reports shall be included with all payment requests. Bas ii upon Applications for Payment submitted to the Owner by the Construction Manager and Certifi ates for Payment issued by the Architect, the Owner shall make progress payments on acco t of the Contract Sum to the Construction Manager as provided below and elsewhere in t s e Contract Documents. The Construction Manager shall maintain records showing actual time devoted and cost incurred. The Construction Manager shall permit the authorized representative of e Owner to inspect and audit all data and records of the Construction Manager for work done under 's Agreement. The Construction Manage shall make these records available at reasonable times dun g the Agreement period and for three years after termination of this Agreement. 16 7.1.2 The period covered by each Application for Payment shall .e one calendar month ending on the 15th day of each month. 7.1.3 Provided an Application for payment is received by the 0 er not later than the first day of a month, the Owner shall make payment to the Construction Man._er not later than thirty (30) days thereafter. 7.1.4 With each Application for Payment, the Construction Man,ger shall submit certified-payrolls and any other documentation and evidence required by the Own. or Architect to demonstrate that cash disbursements already made by the Construction Manager o account of the Cost of the Work equal or exceed (1) progress payments already received by the C instruction Manager; less (2) that portion of those payments attributable to the Construction Mana:er's Fee; plus (3) payrolls for the period covered by the present Application for Payment. 7.1.5 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Construction Manager in accordance with the Co.i act Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a sin+;le separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,unless objected to by the Ar'hitect-,shall be used as a basis for reviewing the Construction Manager's Application for Payment. 7.1.6 Applications for payments shall be based on actual expe es incurred for each item in the schedule of values. For work items the Construction Manager con.ols as a reimbursable, it shall be based on the actual invoices received and payroll expended b the Construction Manager. For subcontracts that have been competitively bid, the payment reques shall be based on invoices from subcontractors for work completed that have been received an. approved by the Construction Manager and Architect. Costs submitted by subcontractors shall be subject to 10% retention as described in 7.1.8. Applications for payment shall show the percen i.ge completion of each portion of the Work as of the end of the period covered by the Applicatim for Payment. The percentage completion shall be the lesser of(1) the percentage of that portio i of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Construction Manager on account of that por son of the Work for which the Construction Manager has made of intends to make actual paymen prior to the next Application for Payment by(b)the share of the Guaranteed Maximum Price alloca ed to that portion of the Work in the schedule of values. 7.1.7 Subject to other provisions of the Contract Documents, the . ount of each progress payment shall be computed as follows: 1. Take that portion of the Guaranteed Maximum Pric- properly allocable to completed Work as determined by multiplying the percentage comple ion of each portion of the Work by the share of the Guaranteed Maximum Price allocated t i that portion of the Work in the schedule of values. 2. Pending final determination of cost to the Owner .f changes in the Work, amounts not in dispute may be included as provided in he Gen gal Conditions, even though the Guaranteed Maximum Price has not yet been adjusted by C i.i ge Order. 3. Add that portion of the Guaranteed Maximum pric properly allocable to materials and equipment delivered and suitably stored at the site for subsesuent incorporation in the Work or,if 17 approved in advance by the Owner, suitably stored off he site at a location agreed upon in writing. 4. Add the Construction Manager's Fee. Upon the s. i sfactory completion of a phase of the project as determined by the Architect and Owner the reta. age from the Construction Manager's fee for such phase of the project shall be paid to the Con.truction Manager. The Construction Manager's fee shall be computed upon the Costs of Work a escribed in the two preceding clauses at the amount which bears the same ratio to the Construc i on Manager's fixed actual fee as the Cost of Work in the two preceding clauses bears to a reaso'able estimate of the probable Cost of Work upon its completion. 5. Subtract the aggregate of previous payments made iy the Owner. 6. Subtract the shortfall,if any, indicated by the Cons clion Manager in the documentation required by Subparagraph 7.1.4 to substantiate prior Appli ations for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation. 7. Subtract amounts, if any, for which the Architect or Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 7.1.8 Payments to Subcontractors shall be subject to retention o ten percent(10%). Retention to sub- contractors shall not be reduced until all punch list work is compete and close out documents for that contract have been submitted and approved. Retention may be r-'uced or eliminated to sub-contractors on a case by case basis as work is completed, with agreement ietween the Owner and Construction Manager. 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not be delivered and stored at the site. 7.1.10 In taking action on the Construction Manager's Applicatio for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the infor tion furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accorda ice with Subparagraph 7.1.4 or other supporting data; that the Architect has made exhaustive or cont nuous on-site inspections or that the Architect has made examinations to ascertain how or for what p .ores the Construction Manager has used amounts previously paid on account of the Contract. Such ex minations, audits and verifications,if required by the Owner, will be performed by the Owner's accoun .its acting in the sole interest of the Owner. 7.2 FINAL PAYMENT 7.2.1 Final payment shall be made by the Owner to the Construction Manager when(1)the Contract has been fully performed by the Construction Manager except for the I onstruction Manager's responsibility to correct nonconforming Work, as provided in Subparagraph 14.17 of the General Conditions, and to 18 satisfy other requirements, if any, which necessarily survive fina payment; (2) a final Application for Payment and a final accounting for the Cost of the Work have been submitted by the Construction Manager and reviewed and approved by the Owner's accountants; :nd(3) a final Certificate for Payment has then been issued by the Architect. Such fmal payment shall be made by the Owner not more than 30 days after the issuance of the Architect's fmal Certificate for payme t: 7.2.2 The amount of the final payment shall be calculated as follows: 1. Take the sum of the Cost of the Work substantiat-' by the Construction Manager's final accounting and the Construction Manager's Fee; but not ore than the Guaranteed Maximum Price. 2. Subtract amounts, if any, for which the Architect 'thholds, in whole or in part, a final Certificate for Payment as provided in the General Conditions or other provisions of the Contract Documents. 3. Subtract the aggregate of previous payments made oy the Owner. If the aggregate of previous payments made by the Owner exce;ds the amount due the Construction Manager,the Construction Manager shall reimburse the difference t. the Owner. 7.2.3 The Owner's accountants shall review and report in writin;, on the Construction Manager's final accounting within thirty (30) days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as se Owner's accountants report to be substantiated by the Construction Manager's final accounting, . d provided the other conditions of Subparagraph 7.2.1 have been met, the Architect shall, within s: en days after receipt of the written report of the Owner's accountants either issue to the Owner a final i ertificate for Payment with a copy to the Construction Manager, or notify the Construction Manager anti Owner in writing of the Architect's reasons for withholding a certificate as provided in Subparagraph .5.1 of the General Conditions. The time periods stated in this Paragraph 7.2 supersede those stated in th General Conditions. 7.2.4 If the Owner's accountants report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less that claimed by the Co .truction Manager, the Construction Manager shall be entitled to proceed as follows without a further d:.ision of the Architect. Unless agreed to otherwise, a demand for non-binding mediation of the disp ted amount shall be made by the Construction Manager within sixty (60) days after the Constructio Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to make such demand within this 60-day period shall resul in the substantiated amount reported by the Owner's accountants becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction anager the amount certified in the Architect's final Certificate for Payment. 19 7.2.5 If, subsequent to final payment and at the Owner's request,the Construction Manager incurs costs described in Paragraph 6.1 and not excluded by Paragraph 6.2 (1) o correct nonconforming Work, or(2) arising from the resolution of disputes, the Owner shall reimburs: the Construction Manager such costs and the Construction Manager's Fee, if any, related thereto on the same basis as if such costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price. ARTICLE 8 INSURANCE AND BOND' 8.1 INSURANCE REQUIRED OF THE CONSTRUCTION • NAGER 8.1.1 During both the preconstruction phase and construction p gases of the Project, the Construction Manager shall purchase from and maintain in a company or comp.,ies lawfully authorized to do business in the State of Illinois with a Best's rating of no less than A- I such insurance as will protect the Construction Manager from claims set forth below which may aris: out of or result from the Construction Manager's operations under this Agreement and for which the 1 onstruction Manager may be legally liable, whether such operations be by the Construction Manager or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for wo ose acts any of them may be liable: 1. Claims under worker's or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to .e performed; 2. Claims for damages because of bodily injury, occ pational sickness or disease, or death of the Construction Manager's employees; 3. Claims for damages because of bodily injury, sic . ess or disease, or death of any person other than the Construction Manager's employees; 4. Claims for damages insured by usual personal injury liability coverage which are sustained(1)by a person as a result of an offense directly .r indirectly related to employment of such person by the Construction Manager or(2)by another Is erson; 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property,including loss of use resulting therefrom; 6. Claims for damages because of bodily injury, d:ath or a person or property damage arising out of Ownership,maintenance or use of a motor ve icle; and 7. Claims involving contractual liability insurance ap.licable to the Construction Manager's obligations. 8.1.2 The insurance required by paragraph 8.1.1 shall be written or not less than the limits of liability specified below or required by law, as applicable. Coverage shall be maintained without interruption upon execution of this agreement until date of final payment and t mination of any coverage required to be maintained after final payment. All insurance coverage shall be 'nen on an occurrence basis. a. Commercial General Liability $2,000,100 General Aggregate Limit (other than Products- Completed Operations) 20 $2,000,100 Products-Completed Operations Aggregate Limit $1,000,010 Personal and Advertising Liability $1,000.010 Each Occurrence Limit $1,000,010 Fire Legal Liability $10,000 Medical Expense Limit (each person) $1,000,100 Employee Benefit Liability b. Business Automobile Liability $1,000,100 Bodily Injury and Property Damage Combined Single Limit c. Excess Umbrella Liability Minimum of $40,000,000 8.1.3 The Owner shall be named as an additional insured und- the insurance to be obtained by the Construction Manager pursuant to this agreement pursuant to an additional insured endorsement and shall be in a form acceptable to the Owner. This insurance shall appl, as primary insurance for claims or losses due to the Construction Manager's operations with respect to any other insurance or self-insurance programs afforded to the Owner. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively,if such surance states that it is excess or pro rata, it shall be endorsed to the primary with respect to the Owner. Such insurance shall require that the Owner be notified if such insurance is to be cancelled or terminated at least thirty(30) days in advance of any such cancellation or termination. 8.1.4 The Construction Manager shall name the Architect, its .tents, employees and consultants as additional insureds on its liability insurance for bodily injury, sic ess, disease, or death arising out of any negligent act or omission of the Construction Manager, is agents or others for whom the Construction Manager is legally responsible. The obligations o the Construction Manager shall not extend to the liability of the Architect, the Architect's consultants and agents and employees of any of them arising out of(1)the preparation or approval of maps, drawl .s, opinions,reports, surveys, change orders, designs or specifications, or(2)the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants and agents and employees o any of them provided such giving or failure to give is the primary cause of the injury or damage. Shou d any of the above described policies be cancelled before the expiration date thereof, notice will be de i'vered in accordance with the policy provisions. 8.1.5 The Construction Manager shall obtain certificates of insi ance from all trade contractors and suppliers evidencing coverage not less than that required of t - Construction Manager. Limits for excess/umbrella liability shall be $5,000,000 and $2,000,000 or Trade Contractors and Suppliers respectively. The Owner shall be named as additional insured. 8.2 PERFORMANCE AND PAYMENT BONDS 21 The Construction Manager shall not require each of the Subconu actors or Suppliers to furnish bonds covering faithful performance and completion of the Subcontrac and payment of obligations arising thereunder unless the owner and construction manager agree to req e said bonds on a case by case basis. The cost thereof shall be included in the Cost of the Work. If requ ed the amount of each bond shall be equal to one hundred percent(100%)of the Subcontract Sum The Construction Manager shall furnish bonds in a form appro ed by the Owner covering faithful performance and completion of the contract and payment of obli:ations arising from the project in an amount equal to one hundred percent (100%) of the contract S m. The cost of the bonds shall be reimbursed per 6.6.6.1. ARTICLE 9 MISCELLANEOUS PROVISI/NS 9.1 MISCELLANEOUS PROVISIONS 9.1.1 It is expressly understood that the Owner shall be a ectly retaining the services of an Architect/Engineer. 9.1.2 Notwithstanding anything contained herein, it is expres-ly understood that the Construction Manager's Project Control systems, including without limitation estimating, scheduling, purchasing, cost reporting and project engineering systems, and all modifications, additions, or alternations thereto, are and shall remain the sole property of the Construction Manager. 9.1.3 It is expressly understood that in the event the Constru tion Manager incurs legal or other professional fees in the process of pursuing or defending a claim, s 't or dispute with a Trade Contractor directly relating to the Project, on behalf of the Owner, then su h fees shall be reimbursable to the Construction Manager as a Cost of the Work pursuant to Article subject however, to the Guaranteed Maximum Price,if one is established. 9.1.4 If the Construction Manager wishes to make a claim for alaitional compensation as a result of action taken by the Owner or Architect, the Construction Manager shall give written notice of his claim within 15 days after occurrence of such action. No claim for alaitional compensation shall be valid unless so made. Any changes in the Construction Manager's fee or the Guaranteed Maximum Price shall be valid only to the extent that such changes are included in ting signed by the Owner and the Construction Manager. 9.1.5 It is agreed and understood that the Project provides for 'e construction of a "public work" within the meaning of the Illinois Prevailing Wage Act. Th Construction Manager shall comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.0 , et seq., including, but not limited to, paying the prevailing wage as required therein for all ork to be performed on the Project and requiring all contractors and subcontractors to pay e prevailing wages required 22 • h therein and completing necessary documentation and reporting req I irements in connection with the work to be performed pursuant to this Agreement. 9.1.6 It is agreed that any action by the Construction Manager a_ainst the City arising out of this Agreement must be filed within one (1)year of the date the all-ged cause of action arose or the same will be time barred. The provisions of this section -hall survive any expiration, completion and/or termination of this Agreement. The Constru tion Manager shall include similar provisions in this Section 9.1.6 in the form acceptable to the Owner in all subcontracts and other agreements for the Project. Notwithstanding the event of any claim, or other matter in quer on arising out of or relating to this Agreement or the breach thereof, the Construction Manager shall c.1 on the Work and the Owner shall continue to make payments in accordance with this Agreement. 9.2 NO PUNITIVE DAMAGES To the fullest extent permitted by law,neither party to this agreem.ist shall be liable to the other for any punitive damages resulting from the performance or nonperforma i e of the agreement notwithstanding the fault, tort (including negligence), strict liability or other basi. of legal liability of the parties so released or whose liability is so limited and shall extend to the offi.ers, directors, employees, and agents of such party. 9.3 OTHER PROVISIONS 9.3.1 Unless otherwise noted, the terms used in this Agreement sha 1 have the same meaning as those in the General conditions of the Contract for Construction, as amended. 9.3.2 EXTENT OF CONTRACT This Contract, which includes this Agreement and the other docum.nts incorporated herein by reference, represents the entire and integrated agreement between the 0 er and Construction Manager and supersedes all prior negotiations, representations or agreements, ei er written or oral. This Agreement may be amended only by written instrument signed by both the 0 er and Construction Manager. If anything in any document incorporated into this Agreement is in onsistent with this Agreement, this Agreement shall govern. 9.3.3 OWNERSHIP AND USE OF DOCUMENTS The Drawings, Specifications and other documents prepared b the Architect, and copies thereof furnished to the Construction Manager, are the property of the Own and are for use solely with respect to this Project. They are not to be used by the Construction Manag 1, Subcontractors, Sub-subcontractors or suppliers on other projects, or for additions to this Project outsid the scope of the Work, without the specific written consent of the Owner and Architect. The Constru tion Manager, Subcontractors, Sub- subcontractors and suppliers are granted a limited license to use and reproduce applicable portions of the 23 Drawings, Specifications, and other documents prepared by the Arc k'tett appropriate to and for use in the execution of the Work under the Contract Documents. 9.3.4 GOVERNING LAW This Agreement shall be governed by, and construed in accordan e with the laws of state of Illinois. Venue for the resolution of any disputes or enforcement of any righ arising out of or in connection with this agreement shall be in the circuit court of Kane County, Illinois. Notwithstanding the foregoing, the Construction Manager hereb ' acknowledges and agrees that the Owner as a home rule municipality may elect to exclude the p'ovisions of the Public Construction Contract Act(30 ILCS 557/1 et. seq., (Public Act 91-647), hereina er referred to as the "Act") from the provisions of this agreement and from the Project in general. The onstruction Manager hereby waives the incorporation of the provisions of the Act into this Agreement a d any amendments hereto and to the Project and waives any and all relief and additional compensation it would be entitled to as a result of the existence of the Act. The foregoing shall not, however, be interpr: ed to modify any other terms of this Agreement including any provisions of this Agreement which wo ld otherwise entitle the Construction Manager to make claims for additional compensation. The Cons m ction Manager shall include similar provisions relating to excluding and waiving the provisions of the ct in a form acceptable to the Owner in all subcontracts and other agreements for the Project. 9.3.5 ASSIGNMENT The Owner and Construction Manager respectively bind themselv-s, their partners, successors, assigns and legal representatives to the other party hereto and to par k ers, successors, assigns and legal representatives of such other party in respect to covenants, agree -nts and obligations contained in the Contract Documents. Neither party to the contract shall assign the Contract as a whole thout written consent of the other. If either party attempts to make such an assignment without such con.ent, such purported assignment shall be void and without effect and that party shall nevertheless remain I egally responsible for all obligations under the contract. 9.3.6 NO PERSONAL LIABILITY No official, director, officer, agent or employee of the Owner .hall be charged personally or held contractually liable under any terms or provision of this Agree ent or because of their execution, approval or attempted execution of this Agreement. 9.3.7 GENERAL CONDITIONS FOR THE CONSTRUCTIO PHASE For the construction phase, the General Conditions shall be the Standard General Conditions of the Construction Contract based on the EJCDC No. 1910-8, 1996 Edition and modified by the City of Elgin, Illinois, revised 7/2006. The term "Contractor" as used in such General Conditions shall mean the 24 Construction Manager. The term "Engineer" as used in such General Conditions shall mean the Architect. In the event of any conflict between the terms of this a_ eement and such General Conditions of the Contract the terms of this agreement shall control. 9.3.8 NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment Because of sex, age,race, color, creed, national origin, marital status, of the presence of any sensory, men .1 or physical handicap, unless based upon a bona fide occupational qualification, and this requirement s I all apply to,but not be limited to, the following: employment advertising, layoff or termination, rates o pay or other forms of compensation and selection for training,including apprenticeship. No person shall be denied or subjected to discrimination in rec.pt of the benefit of any services or activities made possible by or resulting from this Agreement on e grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions marital status or the presence of any sensory, mental or physical handicap. Any violation of this provisi in shall be considered a violation of a material provision of this Agreement. 9.3.9 NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is inte'ded or shall be construed to, in any respect, create or establish the relationship of co-partners betw.en the Owner and the Construction Manager or as constituting the Construction Manager as the genera representative or general agent of the Owner for any purpose whatsoever. 9.3.10 SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragrap phrase, clause or other provision of this Agreement, or any portion thereof,shall be held to be void or o erwise unenforceable for any reason, all other portions of this Agreement shall remain in full force and of ect. 9.3.11 HEADINGS The headings of the several paragraphs of this Agreement are ins: ted only as a matter of convenience and in no way are they intended to define, limit or describe the sc.pe of intent of any provision of this Agreement nor shall they be construed to affect in any manner e terms and provisions hereof or the interpretation or construction thereof. 9.3.12 MODIFICATION OR AMENDMENT This agreement and its attachments constitutes the entire Agreeme l t of the parties on the subject matter hereof and many not be changed, modified, discharged or extend=d except by written amendment duly executed by the parties. Each party agrees that no representations o warranties shall be binding upon the 25 other party unless expressed in writing herein or in a duly executed mendment hereof, or change order as herein provided. 9.3.13 NEWS RELEASES The Construction Manager may not issue any news releases withou prior approval from the Manager nor will the Construction Manager make public proposals developed under this Agreement without prior written approval from the Manager prior to said documentation becoming matters of public record. 9.3.14 COOPERATION WITH OTHER CONSULTANTS The Construction Manager shall cooperate with any other consultan in the Owner's employ or any work associated with the Project. 9.3.15 INTERFERENCE WITH PUBLIC CONTRACTNG: P.• . 85-1295 The Construction Manager certifies hereby that it is not barred frombidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois C i'minal Code. 9.3.16 SEXUAL HARASSMENT As a condition of this contract,the Construction Manager shall have written sexual harassment policies that included, at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment utilizing examples; D. the Construction Manager's internal complaint process u cluding penalties; E. the legal recourse,investigative and complaint process .vailable through the Illinois Department of Human Rights, and the Illinois Human 'ights Commission; F. directions on how to contact the department and commi.sion; G. protection against retaliation as provided by Section 6- 01 of the Human Rights Act(copy attached); Copies of the policies must be provided to the City of Elgin and the Illinois Department of Human Rights upon request. P.A. 87-1257 9.3.17 WRITTEN COMMUNICATIONS All recommendations and other communications by the Construe"on Manager to the Manager and to other participants which may affect cost or time of completion, s all be made or confirmed in writing. The Manager may also require other recommendations and comm ications by the Construction Manager be made or confirmed in writing. 9.3.18 NOTICES 26 All notices,reports and documents required under this Agreement s..11 be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: As to Owner As o Construction Mana l er Joseph Evers,PE, City Engineer Wa t Dwyer, Vice President City of Elgin IHI Construction Co. LLC 150 Dexter Court 1510 Executive Drive Elgin, IL 60120 El n, IL 60123 E-Mail: evers 1@cityofelgin.org wd yer@IHCconstruction.com With a copy to: William A. Cogley, Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 E-Mail: cogley_w@cityofelgin.org 9.3.19 SUBSTANCE ABUSE PROGRAM As a condition of this Agreement, Construction Manager shall hay: in place a written substance abuse prevention program which meets or exceeds the program r:.uirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1, et seq. A copy of such policy shall be provided to the Manager prior to the entry into and executio of this Agreement. ARTICLE 10 TERMINATION OR SUSPENS ON 10.1 TERMINATION PRIOR TO ESTABLISHING GUARAN EED MAXIMUM PRICE 10.1.1 Prior to execution by both parties of Amendments to I's agreement establishing the final Guaranteed Maximum Price, the Owner may terminate this Con. act at anytime without cause. The Construction Manager may terminate this Contract for Cause as folliows: 10.1.1.1 The Contractor may terminate the Contract if the Work is s popped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Su l-subcontractor or their agents or employees or any other persons or entities performing portions of th- Work under direct or indirect contract with the Contractor,for any of the following reasons: 1. Issuance of an order of a court or other public authori having jurisdiction that requires all Work to be stopped; 2. An act of government, such as a declaration of nationa emergency that requires all Work to be stopped; 27 3. Because the Architect has not issued a Certificate for P:yment and has not notified the Contractor of the reason for withholding certification a. provided in the General Conditions, or because the Owner has not made payment on a Cer cate for Payment within the time stated in the Contract Documents; or 10.1.1.2 The Contractor may terminate the Contract if, through no a.t or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or an other persons or entities performing portions of the Work under direct or indirect contract with the Contr ctor,repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Sectio i 10.3 hereof 443 constitute in the aggregate more than 100 percent of the total number of days schedul-d for completion, or 120 days in any 365-day period, whichever is less. 10.1.1.3 If one of the reasons described in Section 10.1.1.1 or 10.1.1 2 exists, the Contractor may,upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner as provided in Section 10.1.2 hereof.. 10.1.1.4 If the Work is stopped for a period of 60 consecutive days ough no act or fault of the Contractor or a Subcontractor or their agents or employees or any o er persons performing portions of the Work under contract with the Contractor because the Owner has epeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to .tters important to the progress of the Work, the Contractor may,upon seven additional days' written nstice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in S:ction 10.1.2 hereof. 10.1.2 If the Owner or Construction Manager terminates this Co i i act pursuant to this Paragraph 10.1 prior to commencement of the Construction Phase, the Cons. ction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of notice of termination; provided,however, that the compensation for such services shall no:exceed the compensation set forth in Subparagraph 4.1.1. 10.1.3 If the Owner or Construction Manager terminates this Co tract pursuant to this Paragraph 10.1 after commencement of the Construction Phase, the Constructio iManager shall, in addition to the compensation provided in Subparagraph 10.1.2 be paid an amount c.lculated as follows: 1. Take the Cost of the Work incurred by the Construc on Manager. 2. Add the Construction Manager's Fee computed upo the Cost of the Work to the date of termination at the rate stated in Paragraph 5.1 or,if the Co •truction Manager's Fee is stated as a fixed sum in that Paragraph, an amount which bears the sa e ratio to that fixed-sum Fee as the Cost of the Work upon its completion. 3. Subtract the aggregate of previous payments ma•e by the Owner on account of the Construction Phase. The Owner shall also pay the Construction Manager fair compensati.n, either by purchase or rental at the election of the Owner, for any equipment owned by the Constructio G Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work u G der Clause 10.1.3.1. 28 To the extent that the Owner elects to take legal assignment o' subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a ondition of receiving the payments referred to in this Article 10, execute and deliver all such papers . E d take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the 0 .er the rights and benefits of the Construction Manager under such subcontract or purchase orders. Subcontracts, purchase orders and rental agreements entered into b the Construction Manager with the Owner's written approval prior to the execution of Amendmen to this agreement shall contain provisions permitting assignment to the Owner as described above. 10.2 TERMINATION SUBSEQUENT TO ESTABLISHING G ARANTEED MAXIMUM PRICE Subsequent to execution by both parties of Amendments to t s agreement establishing the final Guaranteed Maximum Price, the Contract may be terminated as p iovided in Article 15 of the General Conditions. 10.2.1 In the event of such termination by the Owner, the amount sayable to the Construction Manager pursuant to Article 15 of the General Conditions shall not exceed t e amount the Construction Manager would have been entitled to receive pursuant to Subparagraphs 10.1. and 10.1.3 of this Agreement. 10.2.2 In the event of such termination by the Construction M. ager, the amount to be paid to the Construction Manager under Subparagraph 10.1.1 shall not exceed d e amount the Construction Manager would be entitled to receive under Subparagraphs 10.1.2 or 10.1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully co i'leted by the Construction Manager, including a reasonable estimate of the Cost of the Work for Work no actually completed. 10.2.3 Subsequent to execution by both parties of amendments to this agreement establishing the final Guaranteed Maximum Price, the Owner may terminate this ontract without cause at Owner's convenience upon fifteen(15)days prior written notice to the Cons ii ction Manager. In the event of such termination by the Owner the amount payable o the Construction Manager shall not exceed the amount the Construction Manager would have b.en entitled to receive pursuant to subparagraphs 10.1.2 and 10.1.3 of the Agreement. In such event t E e Construction Manager shall also be reimbursed for its actual costs for demobilization and the co.ts of any cancellation of existing subcontracts and purchase orders, provided however, the r-imbursement for actual costs of demobilization shall in no event exceed One Hundred Thousand Dollars ($100,000.00) and shall not exceed the Guaranteed Maximum Price. 10.3 SUSPENSION 10.3.1 The Owner may, without cause, order the Contractor in wr' ing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may i etermine. 29 10.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 10.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent 1. that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or 2. that an equitable adjustment is made or denied under another provision of the Contract. In the event of such a suspension by the Owner, the Guaranteed Maximum Price, if established, shall be increased as provided in Subparagraph 10.3.2 above except that the term"cost"in that Subparagraph shall be understood to mean the Cost of the Work and the term "profit" shall be understood to mean the Construction Manager's Fee as described in Subparagraphs 5.1.1. IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are not other oral agreements that have not been reduced to writing in this statement. For the Owner: Dated this i,, day of May,A.D., 2012 CITY OF E IN ATTEST: By: By: let .2)6(.4, ityManager CityClerk . • . g OF Et ,.,SSM`.....\�:�`--: (Seal) :' C� �� ws : , -: a �''fl - For the CONSTRUCTION MANAGER Dated this 10th day of May,A.D., 2012 IHC CONSTRUC, !► OMP IES, L.L.C. ATTEST: B� 11 By: President ( Vi esident,Asst. Secretary (Seal) F:1Lega1 Dept\Agreement\IHC-Construction Manager Services Agreement IHC-WAC redlined 5-8-12.docx 30 Exhibit 1: Basic Labor Rate Basic Labor Rate Management Personell Hourly Rate Project Executive $ 110.00 Sr. Project Manager $ 85.00 Project Engineer $ 50.00 Project Coordinator $ 40.00 Safety Officer $ 55.00 Superintendent $ 80.00 Field Personell Field Laborer $ 70.00 Carpenter $ 82.00 Concrete Laborer $ 72.00 Cement Mason $ 81.00 Operator $ 91.00 Rates are based on current collective bargaining agreements subject to change in June of 2013. Rates include: Direct Wage Expense Fringe Benefits Taxes Insurance Small Tool Allowance(field personnel) 31 f Exhibit 2: Construction Manager's proposed Fee & Mana 1 ement Expenses Originally submitted on November 30`h, 2011 Pre-Construction Services City of Elgin,Illinois Riverside Drive Promenade Fee and Service Calculations Construction Management CMc GMP upon receipt of bids Basis of Fee:Cost of Construction:CMc with a GMP $ 9,000,000 Proposed Fee as a percentage of construction cost 3.25% $ 292,500 I Management Expenses Pre-Construction Phase:Management Expenses Basis of Costs:Time Weeks Estimating,VE&Bid Package 1 I Weeks I Hrs/Wk I Total Hrs I Rate/Hr 9 Project Executive 9 12 108 $ 110 $ 11,880 Project Manager 9 20 180 $ 85 $ 15,300 Project Engineer 9 10 90 $ 5' $ 4,500 Project Coordinator 9 $ '1 $ - Sr.Estimator 9 28 252 $ 7, $ 17,640 Safety Officer $ 5" $ - Superintendent 1 10 10 $ 8' $ 800 Design Phase Costs:Sub Total 640 $ 50,120 I 0.56% Weeks Bid Package 2 and Awards I Weeks I Hrs/Wk I Total Hrs I Rate/Hr I 9 Project Executive 9 12 108 $ 111 $ 11,880 Project Manager 9 20 180 $ 8' $ 15,300 Project Engineer 9 10 90 $ 51 $ 4,500 Project Coordinator 5 10 50 $ ,0 $ 2,000 Sr.Estimator 4 8 32 $ 71 $ 2,240 Safety Officer 5 4 20 $ 5 $ 1,100 Superintendent 4 4 16 $ 80 $ 1,280 Design Phase Costs:Sub Total 496 $ 38,300 I 0.43% Pre-Construction Services Total 1136 Hours $ 88,420 Construction Phase Management Expenses Management Expenses (Estimated) Construction Phase:Management Expenses Basis of Costs:Time Weeks Phase II&Ill I Weeks Hrs/Wk Total Hrs 1 Rate/H 4460 weeks Project Executive 44 4 176 $ 11n $ 19,360 Sr.Project Manager 60 20 1200 $ 8. $ 102,000 Project Engineer 44 10 440 $ 51 $ 22,000 Project Coordinator 48 10 480 $ 4' $ 19,200 Safety Officer 60 4 240 $ 5. $ 13,200 Superintendent 60 40 2400 $ 8' $ 192,000 Construction Phase Services Total 4,936 Hours $ 367,760 J 32 Exhibit 3: Outline Project Milestone Schedule Revised Conceptual 2011 2012 2013 Schedule 2 '11 '12 ' 1 i 2 ' 3 ' 4 ' 5 i 6 ' 7 ' S ' 9 '10 '11 '12 1 ' 2 ' 3 4 ' 5 ' 6 ' 7 Seclection Process iInitial Estimate Submittal M - 1 pI. Award Contracts Selection/Negotiation ; 1 I Establish GMP Notice to Proceed , I I, Pre-Construction Phase i t t 1 Estimating/Scheduling/Value Eng. Illrii, 1 I ...InstallCofferdam(6/15/12) Final Documentation(HDG) 1.1.261.1 t r---Remove Cofferdam ASAP Scope Trade Work/Bidding/Award I I Construction Phase Mobilization/Cofferdam/Site Prep Demolition Piling Structural Concrete North Riverside Ramp North Riverside Drive Waal North Riverside Drive Construction Finishes/Landscaping TgatIMIIMIIII Close-out Docs - 33 General Conditions Estimate Summary ' Perm. Const. Subcontract/ Item Number Item Discription Labor Materials Materials Equipment Rental Total 100 Barrier Relocation $16,573.00 $14,150.10 $30,723.10 200 Site Fence $12,932.64 $1,560.00 $19,000.00 $33,492.64 300 Parking Lot Connection $3,448.71 $275.00 $1,784.00 $3,100.00 $8,607.71 400 Temporary Parking Lot Grading&Bumpers $4,315.46 $1,950.00 $3,072.76 $9,338.22 500 Traffic Controls $12,357.87 $11,200.00 $3,616.00 $27,173.87 600 Drainage System Barriers $574.78 $5,000.00 $144.00 $3,000.00 $8,718.78 700 Erect Safety Railings $6,475.70 $2,560.72 $2,054.00 $11,090.42 800 Provide Public Access Walkways $5,246.15 $900.00 $832.00 $6,978.15 900 Temporary Drainage Conduits to Cofferdam $67,045.53 $33,185.00 $29,769.05 $129,999.58 1000 Cofferdam Dewatering $120,136.63 $1,850.00 $42,176.00 $76,000.00 $240,162.63 1100 Survey&Layout $45,000.00 $45,000.00 1200 Testing Agencies $10,000.00 $10,000.00 1300 General Items $13,794.82 $65,990.00 $100,000.00 $179,784.82 TOTALS $262,901.29 $37,260.00 $95,650.72 $99,157.91 $246,100.00 $741,069.92 Exhibit 4 IHC Group Page 1 12075 RIVERSIDE DRIVE GC'S 05/07/2012 8.05 - Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 100 Description= BARRIER RELOCATION Unit= LS Takeoff Quan: 1.000 Engr Quan: 1.000 010 Initial Relocation of Barriers Quan: 1,200.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 5507 ZZ CREW ON THE FLY 24.00 CH Prod: 50.0000 UH Lab Pcs 3.00 Eqp Pcs: 2.00 Loader-Bobcat 1 00 24.00 HR 45.000 960 120 1,080 Truck-I ton 1.00 24.00 HR 36 000 720 144 864 Laborer-general 3.00 72.00 MH 35.200 5,173 5,173 $7,117.06 0.0600 MH/LF 72.0000 MH [2.112] 5,173 1,680 264 7,117 020 Transition to Stage 2 Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507 Includes reconfiguation of site fence at the same time. ZZ CREW ON THE FLY 16.00 CH Prod: 16.0000 CH Lab Pcs: 2.00 Eqp Pcs: 2.00 Loader-Bobcat 1.00 16.00 HR 45.000 640 80 720 Truck-1 ton 1.00 16.00 HR 36.000 480 96 576 Laborer-general 2.00 32.00 MH 35.200 2,299 2,299 $3,595 14 32.0000 MH/LS 32.0000 MH [1126.4] 2,299 1,120 176 3,595 030 Transition to Stage 3 Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507 Includes reconfiguation of site fence at the same time. ZZ CREW ON THE FLY 16.00 CH Prod: 16.0000 CH Lab Pcs 2.00 Eqp Pcs 2.00 Loader-Bobcat 1.00 16.00 HR 45.000 640 80 720 Truck-1 ton 1.00 16.00 HR 36.000 480 96 576 Laborer-general 2 00 32.00 MH 35.200 2,299 2,299 $3,595.14 32.0000 MH/LS 32.0000 MH [1126 4] 2,299 1,120 176 3,595 040 Removal and Transportation of Barriers Quan: 1,200.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 5507 Assumed that COE will have ability to unload at their storage facility. ZZ CREW ON THE FLY 30.00 CH Prod: 40.0000 UH Lab Pcs: 3.00 Eqp Pcs: 5.00 Loader-Cat 936 1.00 30.00 HR 27.000 630 180 810 Truck- 1 ton 1.00 30.00 HR 36.000 900 180 1,080 Truck-Lowboy 1.00 30.00 HR 97.470 2,624 300 2,924 Truck-Semi 2.00 60.00 HR 80.000 4,800 4,800 Laborer-general 100 30.00 MH 35.200 2,155 2,155 Operator-Class 1 100 30.00 MH 47.000 2,752 2,752 Teamster-(>4 axles) 1.00 30.00 MH 35.000 1,894 1,894 $16,415.76 0.0750 MH/LF 90.0000 MH [2.93] 6,802 8,954 660 16,416 • IHC Group Page 2 12075 RIVERSIDE DRIVE GCS 05/07/2012 8:05 ' Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 100 Description= BARRIER RELOCATION Unit= LS Takeoff Quarr 1000 Engr Quan: 1000 __> Item Totals: 100 - BARRIER RELOCATION $30,723.10 226.0000 MH/LS 226 00 MH [8303.2] 16,573 12,874 1,276 30,723 30,723.100 1 LS 16,573.00 12,874 10 1,276.00 30,723.10 IHC Group Page 3 12075 RIVERSIDE DRIVE GCS 05/07/2012 8 05 Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 200 Description= SITE FENCE Unit= LS Takeoff Quan: 1000 Engr Quan: 1 000 010 Site Fencing Rental Quan: 12.00 MO Hrs/Shft: 8.00 Cal: 508 WC: 5507 1200Lf per month Fencing Sub 14,400 00 LF 1.250 18,000 18,000 $18,000.00 1 1 18,000 18,000 020 Set-up and take down Quan: 1,200.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 5507 relocations for stages with barriers. LAB3 3 Laborers 60.00 CII Prod: 20.0000 UH Lab Pcs: 3.00 Eqp Pcs: 1.00 Truck-Pickup 1.00 60.00 HR 26.000 1,200 360 1,560 Laborer-general 3.00 180 00 MH 35.200 12,933 12,933 $14,492.64 0.1500 MH/LF 180.0000 MH [5.28] 12,933 1,200 360 14,493 030 Sandbags Quan: 500.00 EA Hrs/Shft: 8.00 Cal: 508 WC: 5507 Sandbag-delivered 500.00 EA 2.000 1,000 1,000 $1,000 00 1 1 1,000 1,000 ---> Item Totals: 200 - SITE FENCE $33,492.64 180.0000 MH/LS 180 00 MH [6336] 12,933 1,200 360 19,000 33,493 33,492.640 1 LS 12,932.64 1,200.00 360.00 19,000.00 33,492.64 IHC Group Page 4 12075 RIVERSIDE DRIVE GC'S 05/07/2012 8:05 Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 300 Description= PARKING LOT CONNECTION Unit= LS Takeoff Quan: 1 000 Engr Quan: 1.000 010 Sawcut wall opening Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6217 Sawing Sub 1.00 LS 2,500 000 2,500 2,500 $2,500 00 [ 1 2,500 2,500 020 Demo and remove wall opening Quan: 175.00 CF Hrs/Shft: 8.00 Cal: 508 WC: 6217 ZZ CREW ON THE FLY 16.00 CH Prod: 2.0000 S Lab Pcs 2.00 Eqp Pcs: 2.00 brick/concrete disposal 3.00 LD 200 000 600 600 Loader-Bobcat 1.00 16 00 HR 45.000 640 80 720 Truck- I ton 1.00 16.00 HR 36.000 480 96 576 Laborer-general 2.00 32.00 MH 35.200 2,299 2,299 $4,195.14 0.1828 MH/CF 32 0000 MH [6.437] 2,299 1,120 176 600 4,195 030 Patch Wall&Roadway Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6217 ZZ CREW ON THE FLY 8 00 CH Prod: 1.0000 S Lab Pcs: 2 00 Eqp Pcs: 1.00 Asphalt Pick up at Plant 2 00 TON 75.000 150 150 Cone Rubbing 25 00 SF 5.000 125 125 Walk behind roller 8.00 HR 25.000 200 200 Truck- 1 ton 1.00 8 00 HR 36.000 240 48 288 Laborer-general 2 00 16 00 MH 35.200 1,150 1,150 $1,912.57 16 0000 MH/LS 16.0000 MH [563.2] 1,150 275 240 248 1,913 > Item Totals: 300 - PARKING LOT CONNECTION $8,607.71 48.0000 MH/LS 48.00 MH [1689 6] 3,449 275 1,360 424 3,100 8,608 8,607 710 1 LS 3,448.71 275.00 1,360.00 424.00 3,100.00 8,607.71 • IHC Group Page 5 12075 RIVERSIDE DRIVE GC'S 05/07/2012 8.05 • Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 400 Description= TEMPORARY PARKING LOT GRADING&BUMPERS Unit= LS Takeoff Quan. 1.000 Engr Quan: 1.000 010 Regrade Parking Lot Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6217 ZZ CREW ON THE FLY 8 00 CH Prod: 1.0000 S Lab Pcs 4.00 Eqp Pcs: 3 00 CA-6 Delivered 100.00 TN 15 000 1,500 1,500 Dozer-D5 1 00 8.00 HR 85.000 600 80 680 Roller-Grade 1.00 8.00 HR 75.000 560 40 600 Truck-Lowboy 1.00 8.00 HR 97.470 700 80 780 Laborer-general 1 00 8 00 MH 35.200 575 575 Operator-Class 2 2.00 16.00 MH 45.700 1,439 1,439 Teamster-(>4 axles) 1.00 8.00 MH 35.000 505 505 $6,079 02 32 0000 MH/LS 32 0000 MH [1292.8] 2,519 1,500 1,860 200 6,079 020 Install Parking Bumpers Quan: 50.00 EA Hrs/Shft: 8.00 Cal: 508 WC: 6217 Includes layout and installation. ZZ CREW ON THE FLY 12.50 CH Prod: 4.0000 UH Lab Pcs: 2.00 Eqp Pcs: 2 00 Wheel Stops 50.00 EA 9.000 450 450 Loader-Bobcat 1.00 12.50 HR 45.000 500 63 563 Truck- 1 ton 1.00 12.50 HR 36.000 375 75 450 Laborer-general 2.00 25.00 MH 35.200 1,796 1,796 $3,258.70 0.5000 MH/EA 25.0000 MH [ 17.6 1 1,796 450 875 138 3,259 __> Item Totals: 400 - TEMPORARY PARKING LOT GRADING&BUMPERS $9,337.72 57.0000 MH/LS 57.00 MH [2172.8] 4,315 1,950 2,735 338 9,338 9,337.720 I LS 4,315.46 1,950.00 2,734.76 337.50 9,337.72 IHC Group Page 6 12075 RIVERSIDE DRIVE GC'S 05/07/2012 8.05 • Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 500 Description= TRAFFIC CONTROLS Unit= LS Takeoff Quan: 1 000 Engr Quan: 1.000 010 Remove Existing One Way Street Signs Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507 ZZ CREW ON THE FLY 4 00 CH Prod: 4.0000 CH Lab Pcs 2.00 Eqp Pcs: 1 00 Truck- I ton 1 00 4 00 HR 36.000 120 24 144 Laborer-general 2.00 8.00 MH 35.200 575 575 $718.78 8.0000 MH/LS 8.0000 MH [281.6] 575 120 24 719 020 Install Street Closed Signs @ Stage I Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507 ZZ CREW ON THE FLY 8 00 CH Prod: 8.0000 CH Lab Pcs 2.00 Eqp Pcs: 2.00 Traffic Signs 10.00 EA 150.000 1,500 1,500 Barricades 6 00 EA 500.000 3,000 3,000 Sm.Barricades 20.00 EA 125 000 2,500 2,500 Conc.Bar Wall-1st Month 200.00 LF 6.000 1,200 1,200 Conc Bar.Wall-Sub.Mon 800.00 LF 1.500 1,200 1,200 Conc.Bar Wall Delivery 200 00 LF 4.500 900 900 Conc.Bar Wall Pickup 200 00 LF 4.500 900 900 Towable Arrow Board 1.00 8 00 HR 26.000 200 8 208 nick- 1 ton 1 00 8.00 HR 36.000 240 48 288 Laborer-general 2.00 16.00 MH 35.200 1,150 1,150 $12,845.57 16.0000 MH/LS 16 0000 MH [563.2 1 1,150 11,200 440 56 12,846 030 Relocate Traffic Controls for Stage 2 Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507 Material costs included in prior activity ZZ CREW ON THE FLY 16.00 CH Prod: 16.0000 CH Lab Pcs: 2.00 Eqp Pcs: 2.00 Towable Arrow Board 1 00 16.00 HR 26.000 400 16 416 Truck- I ton 1.00 16 00 HR 36 000 480 96 576 Laborer-general 2.00 32.00 MH 35.200 2,299 2,299 $3,291.14 32.0000 MH/LS 32.0000 MH [1126.4 1 2,299 880 112 3,291 040 Relocate Traffic Controls for Stage 3 Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507 Material costs included in prior activity ZZ CREW ON THE FLY 16.00 CH Prod: 16.0000 CH Lab Pcs: 2 00 Eqp Pcs' 2 00 Towable Arrow Board 1.00 16.00 IIR 26.000 400 16 416 Truck-1 ton 1.00 16.00 HR 36 000 480 96 576 Laborer-general 2.00 32.00 MH 35.200 2,299 2,299 IHC Group Page 7 12075 RIVERSIDE DRIVE GC'S 05/07/2012 8'05 • Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 500 Description= TRAFFIC CONTROLS Unit= LS Takeoff Quan 1.000 Engr Quan: 1.000 $3,291.14 32.0000 MH/LS 32.0000 MH [1126.41 2,299 880 112 3,291 050 Remove Traffic Controls Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507 Material costs included in prior activity ZZ CREW ON THE FLY 16 00 CH Prod: 16.0000 CH Lab Pcs: 2.00 Eqp Pcs: 2 00 Towable Arrow Board 1 00 16 00 HR 26 000 400 16 416 Truck-1 ton 1 00 16.00 HR 36.000 480 96 576 Laborer-general 2.00 32.00 MH 35.200 2,299 2,299 $3,291 14 32 0000 MH/LS 32.0000 MB [1126.4] 2,299 880 112 3,291 060 Maintain Traffic Controls. Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507 Weekly inspection and adjsutment of traffic controls ZZ CREW ON THE FLY 52.00 CH Prod: 52.0000 CH Lab Pcs: 1.00 Eqp Pcs: 0.00 Laborer-general 1.00 52.00 MH 35.200 3,736 3,736 $3,736 10 52 0000 MH/LS 52 0000 MH [1830.4] 3,736 3,736 __> Item Totals: 500 - TRAFFIC CONTROLS $27,173.87 172 0000 MH/LS 172.00 MH [6054 4] 12,358 11,200 3,200 416 27,174 27,171870 1 LS 12,35787 11,20000 3,200.00 416.00 27,173.87 • IHC Group Page 8 12075 RIVERSIDE DRIVE GC'S 05/07/2012 8:05 • Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 600 Description= DRAINAGE SYSTEM BARRIERS Unit= LS Takeoff Quan: 1.000 Engr Quan 1 000 010 Install Inlet Protection Devices Quan: 20.00 EA Hrs/Shft: 8.00 Cal: 508 WC: 5507 ZZ CREW ON THE FLY 4 00 CH Prod: 4.0000 CH Lab Pcs: 2.00 Eqp Pcs: 1.00 Inlet protection 20.00 EA 250.000 5,000 5,000 Truck- 1 ton 1.00 4.00 HR 36.000 120 24 144 Laborer-general 2.00 8.00 MH 35.200 575 575 $5,718 78 0.4000 MH/EA 8.0000 MH [14.08] 575 5,000 120 24 5,719 020 Inspect and clean protection devices Quan: 80.00 EA Hrs/Shft: 8.00 Cal: 508 WC: 5507 ZZ CREW ON THE FLY 0.00 CH Prod: 0.0000 Lab Pcs: 2.00 Eqp Pcs: 100 Truck-1 ton 1.00 0 00 HR 36.000 Laborer-general 2.00 0.00 MH 35.200 $0.00 [ ] 030 Install Silt Fence Quan: 50.00 LF Ilrs/Shft: 8.00 Cal: 508 WC: 6217 Silt Fence Sub 1 00 LS 3,000 000 3,000 3,000 $3,000.00 [ 1 3,000 3,000 __> Item Totals: 600 - DRAINAGE SYSTEM BARRIERS $8,718.78 8 0000 MH/LS 8.00 MH [281 6] 575 5,000 120 24 3,000 8,719 8,718.780 1 LS 574.78 5,000.00 120.00 24.00 3,000 00 8,718 78 • IHC Group Page 9 12075 RIVERSIDE DRIVE GC'S 05/07/2012 8:05 • Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 700 Description= ERECT SAFETY RAILINGS Unit= LS Takeoff Quan: 1.000 Engr Quan: 1.000 010 Safety Railing @ Existing Retaining Wall Quan: 700.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 5507 ZZ CREW ON THE FLY 35 00 CII Prod: 20.0000 UM Lab Pcs. 1.00 Eqp Pcs: 1.00 Lumber-S-4-S 1,500.00 BFM 0.750 1,125 1,125 Truck-Pickup 1.00 35.00 HR 26 000 700 210 910 Carpenter-general 1.00 35.00 MH 40.770 2,869 2,869 $4,903.98 0.0500 MH/LF 35.0000 MH [2 039] 2,869 1,125 700 210 4,904 020 Safety Railing @ New Overhangs Quan: 800.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 5507 ZZ CREW ON THE FLY 40.00 CH Prod: 20.0000 UM Lab Pcs. 1.00 Eqp Pcs: 1.00 Lumber-S-4-S 1,714.29 BFM 0.750 1,286 1,286 Truck-Pickup 1.00 40.00 HR 26.000 800 240 1,040 Carpenter-general 1.00 40.00 MH 40.770 3,279 3,279 $5,604.56 0.0500 MH/LF 40.0000 MH [2 039] 3,279 1,286 800 240 5,605 030 Safety Barrier @ Fountain Square Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507 ZZ CREW ON THE FLY 4.00 CII Prod: 4.0000 IIU Lab Pes: 100 Eqp Pea 1.00 Lumber-S-4-S 200.00 BFM 0.750 150 150 Truck-Pickup 1.00 4 00 HR 26.000 80 24 104 Carpenter-general 1.00 4 00 MH 40.770 328 328 $581 88 4 0000 MH/LS 4.0000 MH [163.08] 328 150 80 24 582 __> Item Totals: 700 - ERECT SAFETY RAILINGS $11,090.42 79.0000 MH/LS 79.00 MH [3220.83 j 6,476 2,561 1,580 474 11,090 11,090.420 I LS 6,475.70 2,560.72 1,580.00 474.00 11,090 42 t IHC Group Page 10 12075 RIVERSIDE DRIVE GCS 05/07/2012 8.05 Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 800 Description= PROVIDE PUBLIC ACCESS WALKWAYS Unit= LS Takeoff Quan: 1 000 Engr Quan 1.000 010 Provide public Walkways Qualm: 4.00 EA Hrs/Shft: 8.00 Cal: 508 WC: 5507 ZZ CREW ON THE FLY 32.00 CH Prod: 8.0000 HU Lab Pcs 2.00 Eqp Pcs: 100 Lumber-S-4-S 1,200.00 BFM 0.750 900 900 Truck-Pickup 1.00 32.00 HR 26.000 640 192 832 Carpenter-general 2.00 64.00 MH 40 770 5,246 5,246 $6,978.15 16.0000 MH/EA 64.0000 MH [652 32] 5,246 900 640 192 6,978 --> Item Totals: 800 - PROVIDE PUBLIC ACCESS WALKWAYS $6,978 15 64.0000 MH/LS 64 00 MH [2609.28 1 5,246 900 640 192 6,978 6,978 150 1 LS 5,246.15 900.00 640 00 192 00 6,978.15 IHC Group Page 11 12075 RIVERSIDE DRIVE GC'S 05/07/2012 8:05 • Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 900 Description= TEMPORAY DRAINAGE CONDUITS TO COFFERDAM Unit= LS Takeoff Quan: 1000 Engr Quan 1.000 010 Install 12"/Remove Temporary Piping Quan: 280.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 6306 PILEM MISC PILE WORK 93 33 CH Prod: 3.0000 UH Lab Pcs: 5.00 Eqp Pcs 2.00 12"PVC Pipe-SDR 35 280.00 LF 15 000 4,200 4,200 ***Equipment*** 0.00 HR 0.000 Welder 1 00 93.33 HR 9.000 747 93 840 Truck-Pickup 1 00 93.33 HR 26 000 1,867 560 2,427 ***LABOR*** 1 00 93 33 MH 0 000 Carpenter-Foreman(>4) 1.00 93 33 MH 43.270 7,969 7,969 Carpenter-general 2.00 186.67 MH 40.770 15,302 15,302 Operator-Class 5 1.00 93.33 MH 40.000 7,670 7,670 $38,406.80 1.6666 MH/LF 466.6600 MH [54 936] 30,940 4,200 2,613 653 38,407 020 Bypass Box Culvert Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6306 ZZ CREW ON THE FLY 80.00 CH Prod: 10.0000 S Lab Pcs: 4 00 Eqp Pcs: 3.00 CA-6 Delivered 1,000.00 TN 15.000 15,000 15,000 Concrete$100 8.00 CY 100.000 800 800 Rental Crane-35 Ton 1.00 80.00 HR 150.000 12,000 12,000 Excavator-JD 200 1.00 80.00 HR 99.500 7,000 960 7,960 Truck-Pickup 100 80.00 HR 26 000 1,600 480 2,080 Laborer-general 3 00 240 00 MH 35 200 17,244 17,244 Operator-Class 1 1.00 80.00 MH 47 000 7,339 7,339 $62,422.32 320.0000 MH/LS 320.0000 MH [12208] 24,582 15,800 20,600 1,440 62,422 030 Install 42"RCP @ South End Quan: 150.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 6306 USTREX Structure Excavation 37.50 CH Prod: 4.0000 UH Lab Pcs: 4.00 Eqp Pcs: 1.00 CA-6 Delivered 500 00 TN 15 000 7,500 7,500 42"RCP CL V 150 00 LF 37 900 5,685 5,685 ***Equipment*** 0.00 HR 0.000 Excavator-JD350 1.00 37.50 HR 119.000 3,563 900 4,463 a**LABOR*** 0 00 MH 0.000 Laborer-general 3.00 112 50 MH 35.200 8,083 8,083 Operator-Class 1 1.00 37.50 MH 47.000 3,440 3,440 $29,170.46 1 0000 MH/LF 150.0000 MH [38.15] 11,523 13,185 3,563 900 29,170 • IHC Group Page 12 12075 RIVERSIDE DRIVEGC'S 05/07/2012 8.05 Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 900 Description= TEMPORAY DRAINAGE CONDUITS TO COFFERDAM Unit= LS Takeoff Quan: 1.000 Engr Quan 1.000 _=> Item Totals: 900 - TEMPORAY DRAINAGE CONDUITS TO COFFERDAM $129,999.58 936 6600 MH/LS 936.66 MH [33312.63] 67,046 33,185 26,776 2,993 130,000 129,999 580 1 LS 67,045.53 33,185.00 26,775.74 2,993 31 129,999.58 ' IHC Group Page 13 12075 RIVERSIDE DRIVE GC'S 05/07/2012 8:05 • Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 1000 Description= COFFERDAM DEWATERING Unit= LS Takeoff Quan: 1 000 Engr Quan: 1.000 010 Create Dewatering Sumps Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6217 Piping pricing is based upon 4" plastic perf pipe with fabric. ZZ CREW ON THE FLY 48 00 CH Prod: 6.0000 S Lab Pcs: 3.00 Eqp Pcs 1.00 Rip Rap 44 40 00 TON 30.000 1,200 1,200 Woven Geotextile 100.00 SY 0.500 50 50 4"CMP Perforated 1,200.00 LF 0.500 600 600 Excavator-JD 200 1 00 48 00 HR 99 500 4,200 576 4,776 Laborer-general 2.00 96 00 MII 35.200 6,897 6,897 Operator-Class 1 1 00 48.00 MH 47.000 4,403 4,403 $17,926.69 144 0000 MH/LS 144 0000 MH 1 5635.2] 11,301 1,850 4,200 576 17,927 020 Install Maintenance Pumps Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6217 ZZ CREW ON THE FLY 16.00 CII Prod: 2.0000 S Lab Pcs 3.00 Eqp Pcs 1.00 Rental Crane-35 Ton 1.00 16.00 HR 150.000 2,400 2,400 Laborer-general 3.00 48.00 MH 35.200 3,449 3,449 $5,848.70 48 0000 MH/LS 48.0000 MH [1689.6] 3,449 2,400 5,849 030 Maintenance Pump Rental Quan: 8.00 MO Hrs/Shft: 8.00 Cal: 508 WC: 6217 8 hours per week for 8 months LAB2 2 Laborers 280.00 CH Prod: 280.0000 CH Lab Pcs: 2.00 Eqp Pcs: 0.00 Pump Purchases 1.00 LS 8,500.000 8,500 8,500 ***LABOR*** 0.00 MH 0 000 Laborer-general 2.00 560.00 MH 35.200 40,235 40,235 $48,734.88 70.0000 MH/MO 560.0000 MH [2464] 40,235 8,500 48,735 050 Initial Dewatering Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6217 ZZ CREW ON THE FLY 80.00 CH Prod: 10.0000 S Lab Pcs: 2.00 Eqp Pcs: 0 00 Rental Pump 1.00 WK 3,500.000 3,500 3,500 Laborer-general 1.00 80.00 MH 35.200 5,748 5,748 Operator-Class 3 1.00 80.00 MH 41.250 6,711 6,711 $15,958.74 160.0000 MH/LS 160.0000 MH [6116] 12,459 3,500 15,959 060 Desilting basin&Maintenance Quan: 8.00 M Hrs/Shft: 8.00 Cal: 508 WC: 6217 • IHC Group Page 14 12075 RIVERSIDE DRIVE GCS 05/07/2012 8:05 • Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 1000 Description= COFFERDAM DEWATERING Unit= LS Takeoff Quan: 1.000 Engr Quan: 1.000 Maintenance for system is based upon a laborer 8 hr per week for 8 months. LAB2 2 Laborers 280.00 CH Prod: 280.0000 CH Lab Pcs: 2.00 Eqp Pcs: 0.00 clean and empty basin 45.00 EA 1,500.000 67,500 67,500 —>Basin rental 8 00 MO 3,500.000 28,000 28,000 ***LABOR*** 0 00 MH 0.000 Laborer-general 2 00 560.00 MH 35 200 40,235 40,235 $135,734 88 70.0000 MH/M 560.0000 MH [2464] 40,235 28,000 67,500 135,735 070 Dewater after major flooding Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5222 ZZ CREW ON THE FLY 80.00 CH Prod: 10.0000 S Lab Pcs: 2 00 Eqp Pcs 0 00 Rental Pump 1.00 WK 3,500.000 3,500 3,500 Laborer-general 1.00 80.00 MH 35.200 5,748 5,748 Operator-Class 3 1 00 80.00 MH 41 250 6,711 6,711 $15,958.74 160.0000 MH/LS 160 0000 MH [6116] 12,459 3,500 15,959 __> Item Totals: 1000 - COFFERDAM DEWATERING $240,162.63 1,632.0000 MH/LS 1,632.00 MH [58980.8] 120,137 1,850 6,600 35,576 76,000 240,163 240,162.630 I LS 120,13663 1,850.00 6,600.00 35,576.00 76,000.00 240,162.63 4 IHC Group Page 15 12075 RIVERSIDE DRIVE GCS 05/07/2012 8:05 Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 1100 Description= SURVEY&LAYOUT Unit= LS Takeoff Quan: 1 000 Engr Quan: 1000 010 Land Surveyor as needed Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507 Survey Sub 1 00 LS 45,000.000 45,000 45,000 $45,000.00 11 45,000 45,000 41 , IHC Group Page 16 12075 RIVERSIDE DRIVE GC'S 05/07/2012 8:05 • Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 1200 Description= TESTING AGENCIES Unit= LS Takeoff Quan 1.000 Engr Quan: 1.000 010 TESTING Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507 Soils Testing 1 00 LS 5,000 000 5,000 5,000 Concrete Testing 1 00 LS 5,000.000 5,000 5,000 $10,000.00 [ 1 10,000 10,000 __> Item Totals: 1200 - TESTING AGENCIES $10,000 00 [ [ 10,000 10,000 10,000.000 1 LS 10,000.00 10,000.00 IHC Group Page 17 12075 RIVERSIDE DRIVE GCS 05/07/2012 8.05 . Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 1300 Description= GENERAL ITEMS Unit= LS Takeoff Quan: 1.000 Engr Quan: 1.000 030 Periodic site clean/maintenance Quan: 12.00 MO Hrs/Shft: 8.00 Cal: 508 WC: 5507 LAB2 2 Laborers 96 00 CH Prod: 8.0000 HU Lab Pcs 2 00 Eqp Pcs: 0 00 ***LABOR*** 000 MH 0000 Laborer-general 2.00 192.00 MH 35.200 13,795 13,795 $13,794.82 16.0000 MH/MO 192.0000 MH [563.21 13,795 13,795 040 Possible Legal Fees Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5222 Legal Fee 1.00 LS 100,000.000 100,000 100,000 $100,000.00 1 1 100,000 100,000 010 Field Office Items Quan: 1.00 MO Hrs/Shit: 8.00 Cal: 508 WC: 5507 Photo Copier 12 00 EA 250 000 3,000 3,000 Telephone-Install 1 00 LS 1,000.000 1,000 1,000 Telephone&Fax-Buy 1.00 LS 800.000 800 800 Telephone-Site Office 12.00 MO 250.000 3,000 3,000 Internet Service 12 00 MO 450 000 5,400 5,400 Cell Phone Charges 12.00 MO 300.000 3,600 3,600 Supplies 12.00 MO 150 000 1,800 1,800 Job Photos 12.00 MO 100 000 1,200 1,200 Buy Safety Equipment 1.00 LS 2,000 000 2,000 2,000 Safety Supplies 12.00 MO 50 000 600 600 Office Furniture 1.00 LS 1,500.000 1,500 1,500 First Aid Station 1.00 EA 450.000 450 450 Office Sign 1.00 LS 500.000 500 500 Water Service 1.00 LS 560.000 560 560 Office Cleaning 52.00 WK 300.000 15,600 15,600 $41,010.00 1 1 41,010 41,010 020 Site Items Quan: 1.00 MO Hrs/Shft: 8.00 Cal: 508 WC: 5507 Storage Trailer 12 00 MO 300 000 3,600 3,600 Handwash Stations 48 00 MO 75.000 3,600 3,600 Portable Toilets 48 00 MO 85.000 4,080 4,080 Project Sign 1.00 EA 500.000 500 500 IHC Group Page 18 12075 RIVERSIDE DRIVE GCS 05/07/2012 8.05 Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total BID ITEM = 1300 Description= GENERAL ITEMS Unit= LS Takeoff Quan: 1.000 Engr Quan: 1000 Public Road Maintenance 12.00 MO 500.000 6,000 6,000 Site Dumpster 18.00 MO 400.000 7,200 7,200 $24,980.00 [ 1 24,980 24,980 __> Item Totals: 1300 - GENERAL ITEMS $179,784.82 192.0000 MH/LS 192.00 MEI [6758.4] 13,795 65,990 100,000 179,785 179,784.820 1 LS 13,794.82 65,990.00 100,000.00 179,784 82 IHC Group Page 19 12075 RIVERSIDE DRIVE GC'S 05/07/2012 8:05 • Pete Nielsen Direct Cost Report Activity Description Quantity Unit Perm Constr Equipment Equipment Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total $741,069.42 *** Report Totals *** 3,594 66 MH 262,901 37,260 95,651 57,085 42,073 246,100 741,069 >>>indicates Non Additive Activity Report Notes' The estimate was prepared with TAKEOFF Quantities. This report shows TAKEOFF Quantities with the resources. Bid Date: Owner: Engineering Firm: Estimator-In-Charge:TA *on units of MH indicate average labor unit cost was used rather than base rate [ ]in the Unit Cost Column=Labor Unit Cost Without Labor Burdens In equipment resources, rent % and EOE % not = 100% are represented as XXX%YYY where XXX=Rent% and YYY=EOE$ Calendar Codes 508 40 HOUR WEEK-(5X8)(Default Calendar) 510 50 HOUR WEEK-(5X10) 610 60 HOUR WEEK-(6X10) 612 72 HOUR WEEK-(6X12) 710 70 HOUR WEEK-(7X10) r- V Y p ELGIN THE CITY IN THE SUBURBS' DATE: May 17, 2012 TO: Joe Evers, City Engineer FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 12-91 Adopted at the May 9, 2112, Council Meeting Enclosed you will find the agreement listed below. Please dis ribute this agreement to the other party and keep a copy for your records if you wish. If you ha e any questions please feel free to contact our office 847-931-5660 and we will do our best to as•ist you. Thank you. • Agreement with IHC Construction Companies, L.L.C. for the Riverside Drive Promenade Project