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HomeMy WebLinkAboutRes 03-17 02/21/2017 Intergovernmental Agreement Between IDOT and VOMPRESOLUTION NO. 3-17 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE VILLAGE OF MOUNT PROSPECT WHEREAS, in 2015 the Village of Mount Prospect was awarded grants through the Congestion Mitigation and Air Quality Program and the Regional Transportation Authority's (RTA) Access to Transit Improvement Program to fund the construction of covered bike parking around the downtown train station; and WHEREAS, the Congestion Mitigation and Air Quality Program is a federally -funded program encouraging bike -related projects and is administered by the Illinois Department of Transportation (IDOT); and WHEREAS, the Mount Prospect Covered Bicycle Parking Project includes construction of three covered bike shelters, 30 bike racks, decorative brick pavers and landscaping; and WHEREAS, the total estimated construction and inspection cost of the Mount Prospect Covered Bicycle Parking Project is $189,000.00; 1) 80% federal participation for construction and inspection is $151,200.00 2) Remaining 20% construction cost of $33,700.00 will be paid by the Village of Mount Prospect and reimbursed from the RTA 3) Remaining 20% inspection cost of $4,100.00 is paid by the Village of Mount Prospect; and WHEREAS, as part of this process, the Illinois Department of Transportation requires the Village of Mount Prospect to enter into an Intergovernmental Agreement (Exhibit "A") attesting that sufficient local funds have been allocated for the Village's share of the project (Exhibit "B") WHEREAS, the Village has sufficient funds to cover $37,800.00 (20% construction and inspection costs) of which $33,700.00 (20% of construction cost) will be paid by the Village of Mount Prospect and reimbursed from the RTA; the remaining $4,100.00 (20% inspection cost) will be paid by €er the Village of Mount Prospect; and NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Board of Trustees do hereby authorize the Village of Mount Prospect to enter into an Intergovernmental Agreement between the Illinois Department of Transportation and the Village of Mount Prospect a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: The Village of Mount Prospect has allocated sufficient funds, thirty-seven thousand eight hundred dollars ($37,800.00) or as much may be needed to match federal funds in the completion of MFT Section Number 15 -00163 -00 -MS. SECTION THREE: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Matuszak, Polit, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 21St day of February, 2017. �i Arlene A. Juracek ATTES�� Karen M. Agoranos Deputy Village Clerk G, + A 01T �KnolsDep&trpent Labor State Contract Da Local �-._..... s Local Agency y Contract RR Force Account Qf-RSn Village of Mount Prospect X action Fund Type ITEP and/or SRTS Numb -...... Local Agency Agreement yp bar for Federal Participation 15-00163-00-MS CMAQ Const �...........................�-. �._... _.__ _..._ .. ... ruction EngineeringRi ht-of-Wa _...� ....... _._..................... _ ..,._ .. _ _................ Job Number Project Number Job Number Project Number Job Number Project Number C-91-454-16 CMM-4003(804) This Agreement is made and entered into between the above local agency hereinafter referred to as the"LA"and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA". Location Local Name Mount Prospect Metra Station Route N/A Length N/A Termini Various Current Jurisdiction Union Pacific, Metra, LPA TIP Number 03-16-0016 Existing Structure No N/A Project Description mmmmmmmmmmmm The work consists of the removal of existing curb and gutter, pavement, and pavement markings;the installation of three covered bike shelters(15', 30', 46), bike racks, new concrete sidewalk, brick paver sidewalk,curb and gutter, pavement markings,topsoil and sod, and other appurtenant work necessary to complete the project. Division of Cost Type of Work CMAQ % % LA % Total Participating Construction 134,800 ( ) ( ) 33,700 ( BAL ) 168,500 Non-Participating Construction Preliminary Engineering Construction Engineering 16,400 (' ) ( ) 4,100 ( BAL ) 20,500 Right of Way ( ) Railroads Utilities ( ) ( ) Materials TOTAL $ 151,200 $ $ 37,800 $ 189,000 *Maximum FHWA(CMAQ) participation 80% not to exceed $ 151,200. NOTE The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. Local Agency Appropriation By execution of this Agreement,the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required,to cover the LA's total cost. Method of Financing(State Contract Work) METHOD A---Lump Sum (80%of LA METHOD Monthly Payments of METHOD C---LA's Balance divided by estimated total cost multiplied by actual proqress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 2/20/2017 Page 1 of 5 BLR 05310(Rev.02/13/14) Agreement Provisions THE LA AGREES: (1) To acquire in its name,or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any,will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA,the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose(partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LA will pay to the STATE, in lump sum, an amount equal to 80%of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method B- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80%of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs. Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed on 2/20/2017 Page 2 of 5 BLR 05310(Rev.02/13/14) (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation,2300 South Dirksen Parkway, Springfield, Illinois,62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT, Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a public(Federal, State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, local)with commission of any of the offenses enumerated in item(b)of this certification;and (d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding$100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract,grant, loan or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets,vendor invoices,vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). (24) Upon completion of this phase of the improvement,the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. Printed on 2/20/2017 Page 3 of 5 BLR 05310(Rev.02/13/14) (25) (Single Audit Requirements) That if the LA expends$500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget(OMB) Circular No.A-133. LA's that expend less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE(Office of Finance and Administration,Audit Coordination Section, 2300 South Dirksen Parkway, Springfield, Illinois,62764),within 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the System for Award Management or SAM(formerly Central Contractor Registration (CCR)),which is a web-enabled government-wide application that collects, validates, stores,and disseminates business information about the federal government's trading partners in support of the contract award and the electronic payment processes. To register or renew, please register at h tps d/ggv�eretja r tggg)ractN.e i tr'atpa n.com/sam-rstraRiors asp. THE STATE AGREES: (1) To provide such guidance,assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required)and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel, cement,aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties,their successors and assigns. (4) For contracts awarded by the LA,the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT—assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program,the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). In the absence of a USDOT—approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (5) In cases where the STATE is reimbursing the LA,obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et sea.) unless the provisions of that Act exempt its application Printed on 2/20/2017 Page 4 of 5 BLR 05310(Rev.02/13/14) ADDENDA Additional information andlor stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location 'e �rumber2-Lora/�G�rtaro�arlati�sr�A"esotuliran (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED APPROVED Local Agency State of Illinois Department of Transportation Arlene Juracek Name of Official (Print or Type Name) Randall S.Blankenhorn,Secretary of Transportation Date Mayor By: Title (County Board Chair erson/Ma orNilla a PresWWWWWWW WW _... _ .. ..- ( tY P Y 9 ident/etc.) Aaron A.Weatherholt,Deputy Director of Highways Date •w -7 �. .-...........-_........Omer Osman, Director of Highways/Chief Engineer neer Date (Signature) Date The above signature certifies the agency's TIN number Michael A.Forti,Chief Counsel Date 36-6006011 conducting business as a Governmental Entity. -_._._ DUNS 069507697 Tony Small,Director of Financeand Administration Date NOTE: If signature is by an APPOINTED official,a authorizing said appointed official to execute this agreement is required.required. Printed on 2/20/2017 Page 5 of 5 BLR 05310(Rev. 02/13/14) ADDENDUM 1 Vv I� w W 2 fLL Y ui o Z 0 �JW O UOr // «,e1 W `r/D//n/,i�,,i�l r/�,/„lI l/r/rrr///�,r;i✓1r/r/y�/✓v/�I��ld/'Ir�rlil'r�/,a//rou,r/,l,I;Y1Pf b/l//Y,'�%,ri/„ra r, ,<. ////i l/�/ri�r�l/�i/ ��„rr�//j: r�f r,/r�i✓/«/r1/,? Fu Le , x r 6 r i �,,,, 4� ^ ��ji� i it ��/% � ,•....;;/ �/ /ie� /e��/l�,ti a� , , i)r I l / / 'j; �;� f, ,,... J� // rrir r/„/ r / ��;i� � / „-, ! � .,1//�//�/.,lG/////lll/In”� ✓, '�`� 0— r r / r u / � r ///i Ili1Y� �� ✓' o� �� 'ii fjl fl 1 i/ ri , / _ _ _. �......_.... Local Agency Consultant Village of Mt. Prospect L4�1 J lam" Deparhne k Baxter&Woodman, Inc o `� If Trarqklirtafm C County C O Address Cook A N 8678 Ridgefield Road Section L S City 1 -001 3- - S Cast al Lake Project No. A Construction Engineering U State Job No. G Services Agreement T Illinois For Zip Code C-91-454-16 E A 12 Contact Name/Phone/E-mail Address N Federal Participation N Contact Name/Phone/E-mail Address Matt Lawrie/847-870-5640 C T Craig Mitchell/815-459-1260 mlawrie@mountprospect.org Y cmitchell@baxterwoodman.com THIS AGREEMENT is made and entered into this day of between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS, WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used,they shall be interpreted to mean: Regional Engineer Deputy Director Division of Highways, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LA in immediate charge of the engineering details of the PROJECT In Responsible Charge A full time LA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Project Description Name Bike Shelter Installation Route N/A Length N/A Structure No. N/A Termini Metra Commuter Train Station(East and West Lots)alonq FAU 3512 and E. Prospect Ave.in Mount Prospect Description: This work consists of the removal of pavement and curb, installation of PCC and brick paver sidewalk,curb&gutter, installation of bike shelters, parkway restoration and other associated work. Engineers Project No. 160182.60. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT hereinbefore described and checked below: ® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research(BMPR)Quality Control/Quality Assurance(QC/QA)training documents or contract requirements and obtain samples and perform testing as noted below. ® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. ® c. For soils,to obtain samples and perform testing as noted below. ® d. For aggregates,to obtain samples and perform testing as noted below. NOTE: For 1a.through 1d, the ENGINEER is to obtain samples for testing according to the STATE BMPR"Project Procedures Guide",or as'Indicated in the specifications,or as attached herein by the LA°test according to the STATE BMPR'Manual of Test Procedures for Materials"',submit STATE BMPR inspection reports„and verify compliance with contract specifications.: Page 1 of 8 BLR 05611 (Rev. 11/21/13) Printed on 1/30/2017 2:51:32 PM x q ® e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR "Project Procedures Guide"and the policies of the STATE. ® f',. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. g. Inspect, document and inform the LA employee In Responsible Charge of the adequacy of the establishment and maintenance of the traffic control. ❑ h. Geometric control including all construction staking and construction layouts. ® i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. ® j. Measurement and computation of pay items. ® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® I. Preparation and submission to the LA by the required form and number of copies, all partial and final payment estimates,change orders, records, documentation and reports required by the LA and the STATE. ❑ m. Revision of contract drawings to reflect as built conditions. ® n. Act as resident construction supervisor and coordinate with the LA employee In Responsible Charge. 2. Engineering services shall include all equipment, instruments,supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the LA employee In Responsible Charge. 4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without the written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6. The ENGINEER shall submit invoices, based on the ENGINEER's progress reports,to the LA employee In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value,to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work. 7. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION; and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated herein. 8• That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors, omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER's error, omission or negligent act,the ENGINEER shall indemnify the LA,the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes,and local laws or ordinances of the LA. 10. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person(other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT; Page 2 of 8 BLR 05611 (Rev. 11/21/13) Printed on 1/30/2017 11:27:22 AM 1 W b) agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c) paid,or agreed to pay.any firm,organization or person(other than a bona fide employee working solely for me or the above ENGINEER)any fee,contribution„donation or consideration of any kind for,or in connection with, procuring or carrying out the AGREEMENT. d) are not presently debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been Gonvicted of or had a ctviljudgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public (Federal.State or local)transaction;violation of Federal or State antitrust statutes or commission of embezz ement,theft, forgery,bribery,falsification or destruction of records,making false statements or receiving stolen property; f) are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(e)of this certification„and g) have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal, State or local) terminated for cause or default. 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the work called for in the AGREEMENT. 14. To be prequalified with the STATE in Construction Inspection when the ENGINEER or the ENGINEER's assigned staff is named as resident construction supervisor. The onsite resident construction supervisor shall have a valid Documentation of Contract Quantities certification. 15. Will provide, as required, project inspectors that have a valid Documentation of Contract Quantities certification. II. THE LA AGREES, 1. To furnish a full time LA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT,on the basis of the following compensation formulas: Cost Plus Fixed Fee Formulas ® FF= 14.5%[DL+ R(DL)+OH(DL)+IHDC], or ❑ FF= 14.5%[(2.3+R)DL+ IHDC] Where: DL= Direct Labor IHDC=In House Direct Costs OH=Consultant Firm's Actual Overhead Factor R=Complexity Factor FF=Fixed Fee SBO=Services by Others Total Compensation=DL+IHDC+OH+FF+SBO Specific Rate ❑ (Pay per element) Lump Sum ❑ Page 3 of 8 BLR 05611 (Rev. 11/21/13) Printed on 1/30/2017 11:27:22 AM 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50%of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER.. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 6. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). 7. To submit approved form BC 775(Exhibit C)and BC 776(Exhibit D)with this AGREEMENT. III. It is Mutually Agreed, 1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT,for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the LA employee In Responsible Charge, The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. 3. That all field notes, test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known address, with the understanding that should the AGREEMENT be terminated by the LA,the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field notes,test records and reports completed or partially completed at the time of termination shall become the property of, and be delivered to,the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER,one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA(including personnel furnished by the ENGINEER)shall, in the opinion of the STATE be incompetent or inadequate,the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. Page 4 of 8 BLR 05611 (Rev. 11/21/13) Printed on 1/30/2017 11:27:22 AM 7, That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in numbered paragraph 1f of Section I. 8. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to,suspension of contract or grant payments,termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification, "grantee"or"contractor'means a corporation, partnership or other entity with twenty-five(25)or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement;and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance program;and (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B)of paragraph(3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9. The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate. Page 5 of 8 BLR 05611 (Rev. 11/21/13) Printed on 1/30/2017 11:27:22 AM A reement Summary —.�,..... ....,.-.._.� .._.. Prime Consultant:.......... .. ....... .�.�... ...,.� _�...��. ...._ m,,,_. ....�. TIN Number A reement -Amount Baxter&Woodman, Inc. . 36-2845242 $19,478.21 Sub-Consultants: TIN Number Agreement Amount Soil& Material Consultants 36-3094075 $1,100.00 _.....�.....�.._.._. __. ......... ............. Sub-Consultant Total: $1,100.00 Prime Consultant Total: $19,478.21mmmm _._.......... .......... Total for all Work: $20,578.21 Executed by the LA: Village of Mount Prospect (M u n i ci pa I ity/Towns h i p/County) ATTEST: t r � f P Village Clerk Title: Mayor (SEAL) Executed by the ENGINEER: Baxter&Woodman, Inc. 8678 Ridgefield Road Crystal Lake, IL 60012 ATTEST: By: J514AA4_ By' Title: Deputy Secretary Title: President/CEO Page 6 of 8 BLR 05611 (Rev. 11/21/13) Printed on 1/30/2017 11:27:22 AM r N r 00 O O NI......... ._............--- M N MLO LO O ea r t M 1-: 0) O (D O I� > o 0 - O N M - O O M.. f- O O N Op - - 6. co N O _ +L-' Ffl 69 69 61) 69 to 69 69' iD 3 .... ... _._._.__ .._ w LO m 0 0073 o C: Q oo m ED p -0 Ci LL .-. m O d @ O t7 LO c7 N,d (00 O r r+ O) x !`C C = LO O N O (O M0 - N - - CO Ln N 'p C 0 69 69 693 1 .61311 69 O0 a) fn L- U M LL Co N CL co O cu x � oUG U) p a) a 2 j = O M ` a C ' d .. 00 O O C) O I M E N a) E M C �_ Q O o co m U U U �6p, � 6M4 69 A Q N ` of O Q O 0 ZOO o0 0 o Oo C) m 00 O o C) C) �� 669 � �� O O J O Q C ` _ LO c (0 C > O co 0000 1- 0 — -O In 00 ti 0 - (11- 0 C14 LO Lo (D Cl) V P 69 69 6H}-�660 69 _IT N C aN+ O N U O UJ o o Nt CD Lq (D N Q O Q t co ( O) U N �t (O ui J 0 U r0+ t Cl) It CO M 01 d O O h O + + U) 61) 66'3 60r}669 D 0^ O w o C = O O O N + + C O O O C) O IIt mo........ CO D u O N.N U N N N o a U) Ein Lo Z c o d y U N o a N �4. c 3 ®❑❑❑ C a)++ G .� > > cti U AR p o Q. a) CU toao�oo o r E um) c � c H c � +, �oM � -C O W M LLQ W W (n 0... ca A O a) W.... U C... i C C Q CD M C C) O U Y ..�.�.' W N M a) 2 O � N C CO W cn W U N 0) LL c C L E C O c oCY Q U U a) o r Q - m c M Z L N N o @ o a nyi N aoi aa) )0� Ecn a) F- M In 3 c a LL p FwvW NZ a a E 4) r O U •O_o N a) a) N E U) � - m e•0 a) " p o x x a p OO O O 2 J U) d U LL LL w J W (O U U- C) ........ .......... Q-0- Exhibit B 11 116101S Department Engineering Payment Report of Transportation Prime Consultant Name Baxter &Woodman, Inc Address 8678 Ridgefield Road Telephone 815-459-1260 TIN Number Project Information Local Agency Village of Mount Prospect m.. Section Number 15-00163-00-MS ..... ... ... Project Number CMM-4003(804 Job Number C-91-454-16 This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment from Prime Soil & Material Consultants 36-3094075 - ................. Sub-Consultant Total: ............... Prime Consultant Total: Total for all Work Completed: President/CEO Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. For information about IDOTs collection and use of confidential information review the department's Inti Pr ectton PoN . Page 8 of 8 BLR 05613(Rev. 11/21/13) Printed on 1/30/2017 11:39:36 AM VILLAGE OF MOUNT PROSPECT METRA STATION COMMUTER LOTS EXHIBIT C SCOPE OF SERVICES 1. Act as the Owner's representative with duties, responsibilities and limitations of authority as assigned in the construction contract documents. 2. PROJECT INITIATION ■ Attend the IDOT preconstruction conference, and review the Contractor's proposed construction schedule and list of subcontractors. 3. CONSTRUCTION ADMINISTRATION ■ Shop drawing and submittal review by Engineer shall apply only to the items in the submissions and only for the purpose of assessing, if upon installation or incorporation in the Project, they are generally consistent with the construction documents. Owner agrees that the contractor is solely responsible for the submissions (regardless of the format in which provided,i.e.hard copy or electronic transmission) and for compliance with the contract documents. Owner further agrees that the Engineer's review and action in relation to these submissions shall not constitute the provision of means,methods,techniques,sequencing or procedures of construction or extend to safety programs of precautions. Engineer's consideration of a component does not constitute acceptance of the assembled item. ■ Prepare construction contract change orders and work directives when authorized by the Owner. ■ Review the Contractor's requests for payments as construction work progresses,and advise the Owner of amounts due and payable to the Contractor in accordance with the terms of the construction contract documents. ■ Research and prepare written response by Engineer to request for information from the Owner and Contractor. ■ Provide the services of a materials testing company, as a subconsultant, to perform proportioning and testing of the Portland cement concrete and bituminous mixtures in accordance with the IDOT's Bureau of Materials manuals of instructions for proportioning. Review laboratory, shop and mill test reports of materials and equipment furnished by the Contractor. ■ Project manager or other office staff visit site as needed. 4. FIELD OBSERVATION ■ Engineer's site observation shall be at the times agreed upon with the Owner. Engineer will provide Resident Project Representatives at the construction site on a full-time basis of forty (40) hours per week from Monday through Friday, not including legal holidays, from the Engineer' office of not more than eight (8) hours per regular weekday, (for up to 160 hours) as deemed necessary by the Engineer,to assist the Contractor with interpretation of the Drawings and Specifications, to observe in general if the Contractor's work is in conformity with the Final Design _ 1 _ u, Documents, and to monitor the Contractor's progress as related to the Construction Contract date of completion. Through standard, reasonable means, Engineer will become generally familiar with observable completed work. If Engineer observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and Owner to address. Engineer shall not supervise,direct, control,or have charge or authority over any contractor's work, nor shall the Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto,for security or safety at the site, nor for any failure of any contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform the work in accordance with the contract documents,which contractor is solely responsible for its errors, omissions, and failure to carry out the work. Engineer shall not be responsible for the acts or omissions of any contractor,subcontractor,or supplier,or of any of their agents or employees or any other person, (except Engineer's own agents,employees,and consultants)at the site or otherwise furnishing or performing any work; or for any decision made regarding the contract documents, or any application, interpretation, or clarification, of the contract documents, other than those made by the Engineer. • Provide the necessary base lines, benchmarks, and reference points to enable the Contractor to proceed with the work. • Keep a daily record of the Contractor's work on those days that the Engineers are at the construction site including notations on the nature and cost of any extra work, and provide weekly reports to the Owner of the construction progress and working days charged against the Contractor's time for completion. S. COMPLETION OF PROJECT 0 Provide construction inspection services when notified by the Contractor that the Project is complete. Prepare written punch lists during final completion inspections. ■ Review the Contractor's written guarantees and issue a Notice of Acceptability for the Project by the Owner. a Review the Contractor's requests for final payment, and advise the Owner of the amounts due and payable to the Contractor in accordance with the terms of the construction contract documents. 7. PROJECT CLOSEOUT ■ Provide construction-related engineering services including, but not limited to, General Construction Administration and Resident Project Representative Services. 1:\Crystal Lake\MTPRO\160182-Covered Bike Parking\Contract\60 constr\Scope of services.docx -2 - Village of Mount Prospect Section: 15-00163-00-MS Project: CMM-4003(804) Job No.: C-91-454-16 Explanation of In-House Direct Costs: Mileage; Sr. Eng IV— 50 miles, precon Eng. Tech III — 660 miles. observations Total = 710 miles @ $0.54/mi = $383.40 Illinois Local Public Agency Resident of Transportabon Construction Supervisor/ In Responsible Charge John Fortmann, PE Count Cook Regional Engineer Municipality alit Mount Pros Department of Transportation p Y Prospect Section 15-00163-00-MS 201 West Center Court Schaumburg, Illinois 60196 Route N/A Metra Station Contract No. 61 D53 ...._. .. Job No. C-91-454-16 Project CMM-4003 804 ❑ I recommend the following individual as a local public agency employee qualified to be resident construction supervisor and to be in responsible charge of this construction project. ® I certify that I am in responsible charge as defined by the department of this construction project. Since the local public agency does not have a local public agency employee qualified to be the resident construction supervisor, I am recommending 9 engineer a consu tin as resident tion supervisor. Date gnalure and Tit&e(for the LoqAl Public Agency) Craiq Mitchell, PE Applicants Name(Type or Print) The following describes my educational background, experience and other qualifications to be resident construction supervisor of this construction project for the Local Public Agency. For Consultants: I certify that my firm is prequalified in Construction Inspection and my Documentation of Contract Quantities certificate number is 16-12231. BSCE Iowa State University, 15+year IDOT construction employee, former IDOT RE. Licensed Professional Engineer in Illinois, completed hundreds of construction projects. 12/15/16 Vice President Construction Date @gnature t'Appti ant Job Title of Applicant Based on the above information and my knowledge of the applicant's experience and training,it is my opinion that the applicant is qualified to serve as the resident construction supervisor on this construction project. Approved Date Deputy Director Division of Highways Regional Engineer cc: Engineer of Local Roads and Streets, Central Bureau of Local Roads and Streets Engineer of Construction, Central Bureau of Construction Resident Construction Supervisor Local Public Agency Printed 12/19/2016 Page 1 of 1 BC 775(Rev.06/16/16) " r Illinois Department Local Public Agency of TransporWon Construction Inspector John Fortmann, PE County Cook Municipality Mo ..........ros..... ..... �... -. Regional Engineer unt Pect Department of Transportation Section 15-00163-00-MS 201 West Center Court _-_ Route N/A Metra Station Schaumburg, Illinois 60196 --~~- Contract No. 61 D53 Job No. C-91-454-16 Project CMM-4003(804) I consider the following individual to be qualified as a local public agency construction inspector. In addition, I certify that adequate instruction has been given this individual concerning the requirements of the contract, specifications and construction manual which pertain to the work which he/she will inspect. This individual has been instructed on the proper procedures for any necessary tests. Furthermore, if a consultant, this individual has a valid Documentation of Contract Quantities certification. Approved 12/15/2016 Date Vice President Construction uw Signature lef" O ,ons tioru upervisor James Scribner Applicants Name(Type or Print) The following describes the educational background, experience and other qualifications of the named applicant to serve as an inspector on this project. For Consultants Employees: Documentation of Contract Quantities certificate number is 15-0383. Jim has over 30 years of construction experience, he has completed numerous Federal Aid projects. If the Resident from BC-775 is a consultant, the local public agency employee in responsible charge must also approve this individual.. Approved J - 1 ,,�„1.11 Date ign amore nd Title of in Respora ble Charge from BC-775 Printed 12/19/2016 Page 1 of 1 BC 776(Rev.06/16/16) I SOIL AND MATERIAL CONSULTANT office: 1-847-870-0544 $, INC. fax 1-847-870-0661 - www.soilandmaterialconsultants.com us@soilandmaterialconsultants.com December 16, 2016 Mr. Craig D. Mitchell, P.E. Proposal No. 15,626 Vice President Construction (Transportation) Baxter&Woodman, Inc. 8678 Ridgefield Road Crystal Lake, IL 60012 Re: Soil and Construction Material Testing Mt. Prospect Metra Station IDOT Contract#61D53 Mt. Prospect, Illinois Dear Mr. Mitchell: Submitted for your consideration is our proposal to provide soil and construction material testi a will-call basis initiated by your office or representative. ng on We understand the testing requirements of the IDOT QC/QA program are applicable. We Propose to be the QA project manager,and provide QA jobsite testing. IDOT is to provide QA plant testing. Attached Is our Schedule of Fees for anticipated services. Note that hourly rates are inclusive of mileage and equipment charges. Based on available information and our experience on similar projectN we estimate a charge of 1fi100,00 may be incurred fair the anticipated services. Actual billing will be on a unit price basis and you Will only be billed for those services actually Final billing may be less than or greater than the estimated charge. Requests for sery iices+vl t not ncluded witllln the scope of this proposel will be provided at our established Milt prices„ Thank you for the opportunity of submitting this proposal, which includes the attached General Conditions. If acceptable, please sign and return one copy to our office. Furtherl applicable plans,and specifications, if not already submitted. , pease include Very truly yours, t SOIL NO MATE IAL CONSULTANTS, INC. Joseph A. Klawitter, P.E. JAK:dd Director of Engineering P'ro osa ed&: Client Street Town PhoneState__Zip Code ( ) E-Mail Address Signature Printed Name Position Date ; ARLINGTON 1-t GHTS, IL 60004 SOIL BORINGS SITE INVESTIGATIONS PAVEMENT INVESTIGATIONS GEOTECHNICAL TESTING OF SOIL ASPHALT ENGINEERING CON'CRt�TE MORTAR STEEL I Proposal No. 15,626 Page 2 Re: Mt. Prospect Metra Station IDOT Contract#61 D53 Mt. Prospect, Illinois SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES Effective 1-1-16 PORTLAND CEMENT CONCRETE Service Est. Work Units Fee Cost Field Testing Technician 8 hours $ 85.00 /hour $ 680.00 -includes temperature, slump, 340.00 /day min. air and cylinders Cylinder Pick-up 2 hours $ 85.00 /hour $ 170.00 LaboratoT+estjn Cylinder Compressive Strength 8 each $ 15.00 each $ 120.00 Engineering Senior Engineer(P.E.) 1 hours $ 130.00 /hour $ 130.00 -QA Project Manager. includes project administration, field/laboratory engineering, mix design review, consultation and report review Estimated Cost: $ 1,100.00 Estimates: Est. Contractor Item Quantity CY Working Days Est. Days-20% QA Cyls. PCC Combined C &G 104 ft 6 0.5 _.. 0.5 .. 4 PCC Sidewalk 959 ft. 18 _ 0.5 0.5 4 Total: 24 1.0 1.0 8 I Billing Notes: Hourly Charges: Portal To Portal Saturdays: Hourly Rate x 1.5 Weekdays over 8 hours/day: Hourly Rate x 1.5 Sundays: Hourly Rate x 2.0 i I Proposal No. 15,626 Page 3 Re: Mt. Prospect Metra Station IDOT Contract#61 D53 Mt. Prospect, Illinois .�,,..._w.... .,._,�. W,.... . __ .._, mm......µ., Soil and Material Consultants, Inc.(SMC)scope of work defined in the proposal TERMS AND CONDITIONS was based on information provided by the client. If incomplete, inaccurate or if unexpected site conditions are discovered,the scope of work may change. a Tj= -t A-IN ES 'IA I QM TESTING SERVICES Client will furnish SMC with right-of-access to the site. Client shall furnish SMC with at least one working day's notice on any SMC will take reasonable precautions to minimize site part-time(less than 8 hours/day)job when field personnel are requested. damage due to Its operations,but has not included in SMC shall make reasonable effort to provide field personnel in a timely the fee the cost of restoration of any resulting manner but reserves the right to schedule field personnel as deemed damage. SMC shall not be liable for damage or injury appropriate. Minimum charges will be billed when work cancellations are due to encountering subsurface structures(pipes, received after field personnel have left for the project site. tanks,utilities or others)not called to SMC's attention in writing or are not correctly shown on the drawings SMC personnel will provide a professional service based on observations furnished by client or client's representative. If the and testing of the work of a contractor,subcontractor,or other client desires,SMC will restore any damage to the service/material provider,as specifically requested. SMC field personnel site and add the cost of restoration to the fee. will look for general conformance with project specifications,plans and/or soil report but does not accept the responsibility to control or direct the Field work,laboratory testing and engineering work of others. Discrepancies noted by SMC office or field personnel will analysis will be performed In accordance with be referred to client or client's representative. generally accepted soil and foundation engineering practices. Samples are retained in our laboratory for Testing Services furnished by SMC are defined as the taking of soil and/or 30 days from date of report and then destroyed material tests at various locations and the making of visual observations unless other disposition is requested. The data relating to earthwork,foundations,and/or materials as specifically reported applies only to the soils sampled and the requested by the client and agreed to by SMC,and will be limited to those conditions encountered at each boring location. This specifically agreed services. Such services will be performed by SMC does not imply or guarantee that soils between using that degree of care and skill ordinarily exercised,under similar borings will be identical in character. Isolated circumstances,by reputableutable members of the profession practicing in this inclusions of better or poorer soils can be found on or similar localities. any site. SMC will not be liable for extra work or other consequences due to changed conditions Observations and testing of soils and/or materials by SMC in no way encountered between borings. implies a guarantee or warranty of the work of the contractor, subcontractor,or other service/material provider. SMC's work or failure to Any exploration,testing and analysis associated with perform same shall in no way excuse such contractor,subcontractor or the investigation will be performed by SMC for the other service/material provider from liability in the event of subsequently client's sole use to fulfill the purpose of this discovered defects,omissions,errors,deficiencies or failure to perform in Agreement. SMC Is not responsible for use or accordance with the project plans and specifications. SMC field Interpretation of the information by others. The client personnel shall not be responsible for superintendence of the construction recognizes that subsurface conditions may vary from process nor direction of the work of the contractor,subcontractor,or other those encountered in borings or explorations. service/material provider. SMC's work shall not include determining or Information and recommendations developed by SMC implementing the means,methods,techniques,sequences or procedures are based solely on available information and for the of construction. SMC shall not be responsible for evaluating,reporting or currently proposed improvement. affecting job conditions concerning health,safety or welfare. Documents including but not limited to technical reports,original boring logs,field data,field notes,laboratory test data, calculations,reports of inspection and testing,geotechnical reports,technical reports,submittals and estimates furnished to the client or its agents pursuant to this agreement are not intended or represented to be suitable for reuse by the client or others on extensions of this project or on any other project. Any reuse without SMC's written consent will be at user's sole risk and without liability or legal exposure to SMC. User shall Indemnify and hold harmless SMC from all claims,damages,losses and expenses including attorney's fees arising out of or resulting therefrom. To the maximum extent permitted by law,the Client agrees to limit SMC liability for clients'damages to$100,000 or the fee,whichever is lesser. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Soil and Material Consultants,Inc.is a Professional Engineering Corporation. Engineering services are often completed by extension through technical staff. The unit rates presented in this proposal do not reflect charges associated with organized labor. Future agreements,if any,with organized labor will invalidate some of the unit rates presented. Required rate adjustments will be presented to the client for acceptance prior to providing services at the adjusted rates. Services are invoiced monthly for the preceding period. Client agrees to pay each invoice within thirty(30)days of receipt and further agrees to pay interest on all amounts not paid at the rate of 2.0%per month,an annual rate of 24%,from the due date. Client agrees to pay all reasonable costs of collection including staff time,court costs,Attorneys'fees and related expenses,if this account becomes delinquent. Client agrees that reports furnished to the client but not paid for In full remain the sole property of SMC and will not be used for design,construction,permits,licensing,sales or other gain. f I I