HomeMy WebLinkAboutRes 33-18 11/07/2018 Authorizing the Mayor to Excute the Kensington Road Reconstruction Local Public AGency AgreementRESOLUTION NO. 33-18
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE KENSIGNTON ROAD
RECONSTRUCTION LOCAL PUBLIC AGENCY AGREEMENT FOR FEDERAL
PARTICIPATION AMENDMENTS
WHEREAS, the Village of Mount Prospect is a unit of local government authorized to exist
under the terms of the Illinois Compiled Statutes; and
WHEREAS, on December 18, 2012, the Village Board of Trustees approved Resolution No. 49-
12, authorizing the Village of Mount Prospect to execute an intergovernmental agreement with
the Illinois Department of Transportation for Kensington Road Improvements utilizing federal
Surface Transportation Program and State of Illinois capital improvement funds; and
WHEREAS, the Village Board approved a Construction Engineering Services Agreement for
Federal Participation and awarded a contract to Gewalt Hamilton Associates to perform
construction engineering tasks; and
WHEREAS, the Illinois Department of Transportation granted the contractor, Martam
Construction, time extensions due to unforeseen project delays causing Gewalt Hamilton to
incur additional construction engineering and project management costs; and
NOW, THEREFORE, BE IT RESOLVED by the President and Village Board of the Village of
Mount Prospect, Cook County, Illinois as follows:
SECTION ONE: The Mayor is hereby authorized to execute the Kensington Road
Reconstruction Local Public Agency Amendment #2 for Federal Participation and Construction
Engineering Services Agreement for Federal Participation Supplement #2 amendments.
SECTION TWO: The Local Public Agency Amendment #2 for Federal Participation and
Construction Engineering Services Agreement for Federal Participation Supplement #2 are
attached to and made a part of this Resolution.
SECTION FIVE That this Resolution shall be in full force and effect from and after its passage.
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 7th day of November, 2018
Arlene A. Juracek
Mayor
ATTEST:
L'I., x ...
Karen M. Agorarf
Village Clerk
326648J
Local Agency
Consultant
Village of Mount Prospect
L jjjjDCLs Dep rtmewnf Gewalt Hamilton Associates, Inc,
_
O t f "�ransportallion C
County
C O Address
Cook _
A N 62 Forest _Ec�gem Drive
Section
L S City
5 PV
5
U �rnon_Hills
Protect
A Construction Engineering L State
�-�--�
Services Agreement Illinois
G T
Job No.
C-91-875-09
For Zip Code
E A 6001;1
Contact Name/Phone/E-mail Address
a --� �--
N Federal ParticipationN Contact Name/Phone/E-mail Address
Supplement #2
Jeff Wulbecker / (847) 870-5640
C T Kevin Belgrave / (847) 478-9700
'wulbeck@mountprospect.org
Y kbelgrave®gha-engineers.com
THIS AGREEMENT is made and entered into this day of between the above
� .._..
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineeringservices 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 Kensin�or� Road_...__d.�..m.-_......._..
Route AU 1295 Length 0.803mi Structure No.
FN/A
�. �_�..�_ ......��.
Termini Forest Avenue to IL Rte 83
Description: The Contractor was awarded and extension of time, however the extension of time was exceeded, and liquidated damages
were assessed. Gewalt Hamilton Associates continued providing Construction Engineering services including construction inspection,
documentation and Project closeout.
Agreement Provisions
I. THE ENGINEER AGREES,
To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT
hereinbefore described and checked below:
® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality
Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform
testing as noted below.
b, Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples
and perform testing as noted below.
c. For soils, to obtain samples and perform testing as noted below.
d. For aggregates, to obtain samples and perform testing as noted below.
NOTE: For 1 a. through 1 d. 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.
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® 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. Qualify 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 inone 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 AGREEME'N'T.
6, The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the LA employee Irl Responsible Charge, no
more than once a month far 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. Thai the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors, ornissions 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 shalt give IAmediate 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 B BLR 05611 (Rev. 11/21/13)
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b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or
person in connection with carrying out the AGREEMENT or
c) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above
ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out
the AGREEMENT.
d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public
(Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
f) are riot 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)
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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,
E 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 surra of money equal to the basic fee as determined in this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
The recipient shaft not discriminate an 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 GFR 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 rnatter, for enforcement under 18 U.&C.
1001 and/or the Program Fraud Civil Remedies Act of 1986 (3 1: U.&C, 3801 et seq.),
7. To submit approved form BC 775 (Exhibit C) and BC 776 (Exhibit D) with this AGREEMENT.
Ill. It is Mutually Agreed,
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 limes
during the AGREEMENT period and for three years frorn 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 11 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 LX
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 STA-rE shall have, the right to supplernent
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)
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That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the
contractor's safety precautions, except as provided in numbered paragraph 1f of Section I.
This certification is required by the Drug Free Workplace Act (3011 -CS 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 issuingi 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 tree 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)
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Agreement Sumrvtar
�..._ Awee 1.96
tame Consultant: TIN Number Agreement Amount
HrcrVtonAssPiates, inc 36 3426053
Executed by the LA:
ATTEST: ✓
By:s
Clerk
(SEAL)
Executed by the ENGINEER:
ATTEST':
By: C�
Title: Corporate Secretary
Page 6 of 8
Printed on 6/18/2018 11:10:51 AM
Village of Mount Prospect
Munici alit /Townshi /Count
( P y P y)
By: _ �m �t4��
Title: Mayor
Gewalt Hamilton Associates, Inc.
���
E- ���
Title: President
BLR 05611 (Rev. 11/21/13)
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Pge 0 Mount
111nols, Local Public Agency
of Village of Mount Prospecl
Local Public Agency Amendment Sart,.n 09 OC
,tic, 09 -00154 -00 -PV
# 2 for Federal Participation
J00 NUMDer Project Number
C-91-875-09 M-9003(435)
State Contract Day Labor Local Contract I FIR Force Account
El
ITEP / SRTS
Fund Type: STU HSIP
This Amendment is made and entered into between the above local public agency, hereinafter referred to as the "LPA", and the state
of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE", The STATE and LPA have
jointly proposed to improve the designated location as described below and agree to the changes outlined in this Amendment, 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
Location Kensington Road Route FALI 1295 Length
0.81 mi.
Termini Forest Avenue to IL Route 83
Current Jurisdiction STATE TIP Number 03-09-0057 Existing Structure No
N/A
Amended Division of Cost
Type of Work STU % STATE % LPA %
Total
Participating Construction 2,760,000 624,000 66,000 BAL
3,450,000
Non -Participating Construction
Preliminary Engineering
Construction Engineering 371,806 92,952 BAL
464,758
Right of Way
Railroads
Utilities
Materials
TOTAL $ 3,131,806 $ 716,952 $ 66,000 $T,9_14,758
"Maximum FHWA (STU) 1 $3,131,806.
**Maximum STATE participation
NOTE:
The costs shown in the Division of Cost table are approximate and subject to change. The final LPA 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 Public Agency Appropriation
For Amendments Increasing the LPA share: By execution of this Amendment, the LPA attests that additional moneys have been
appropriated or reserved by resolution or ordinance to fund the aditional share of LPA project costs. A copy of the resolution or
ordinance is attached as an addendum(required for increases to state -let contracts only).
Printed 6118/2018 Page 1 of 2 8LR 05311 (Rev. 09/03/15)
a
ADDENDA
Additional information, changes, and/or stipulations to the original Agreement are hereby attached and identified below as being a part of
this Amendment,
Addendum #1 - Location Ma
(Insert addendum numbers and titles as applicable)
BE IT MUTUALLY AGREED that all remaining provisions of the original agreement not altered by this Amendment shall remain in full force
and effect and the Amendment shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
The LPA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Amendment and all
Addenda.
APPROVED
Local Public Agency
Arlene A. Juracek
Name of Official (Print or Type Name)
Mayor
-
Title (County BoariCh Chawrperson,tyvtayor/d/ifl�ga, Presldenf/efc.)—
(Sig ure) Date
The above signature certifies the agency's TIN number
36-6006011 conducting business as a Governmental
Entity.
DUNS Number 069607697
APPROVED
State of Illinois
Department of Transportation
Randall S. Blankenhom, Secretary Date
By:
Aaron A. Weatherholt, Deputy Director of Highways Date
Omer Osman, Director of Highways/Chief Engineer Date
William M. Barnes, Chief Counsel Date
Jeff Heck, Chief Fiscal Officer ( CFO) Date
NOTE: If the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this
agreement Is required.
Printed 6/18/2018 Page 2 of 2 BLR 05311 (Rev. 09/03/15)
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