HomeMy WebLinkAbout6. New Business 12/18/2012Mount
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
lei 1Z.
FROM: FINANCE DIRECTOR '
DATE: DECEMBER 13, 2012
SUBJECT: 2012 BUDGET AMENDMENT NO. 3
PURPOSE:
Present a recommendation that the annual budget be amended for fiscal year begi ing
January 1, 2012 and ending December 31, 2012.
BACKGROUND:
Ordinance 5891, adopted December 20, 2011, established the annual budget for the
year ending December 31, 2012. Ordinance 6001 adopted on April 3, 2012 provided for
amendment #1 of the 2012 budget. Ordinance 6036 adopted on November 6, 2012
provided for amendment #2 of the 2012 budget.
DISCUSSION:
Each year the Village prepares two or more amendments impacting revenues and /or
expenses to the current year's budget. The first of these amendments is typically
prepared in Spring and amends the budget for carry -over items from the prior year's
budget. Accounts adjusted in the first amendment are typically for capital projects
started in the previous year but not completed. The amendment being brought forward
for consideration adjusts the budget for material variations in expenditures that are the
result of extraordinary or unanticipated charges for expenditures that occured during the
year. These amendments are a necessary housekeeping process to comply with the
Budget Officer Act.
A proposed ordinance amending the 2012 annual budget is attached for the Board's
consideration. In total, this amendment increases the budget for expenditures by
$494,500. Adjustments to the budget impacting expenditures are made up of
adjustments to employee benefit, commodities & supplies, contractual service and
capital equipment accounts. Of the $494,500 in total amendments, $300,000 occurs in
the Water Fund (water purchases), $89,000 occurs in the General Fund and $56,500
occurs in the Management Fund. The balance of amendments are spread out among
four (4) other Village Funds.
2012 Budget Amendment No. 3
December 13, 2012
Page 2
RECOMMENDATION:
It is recommended the Village Board adopt the proposed budget amendment #3 for the
2012 annual budget.
David O. Erb
Finance Director
Copy: Finance Commission
Department Directors
DOE/
I: \Budget 2012\Amendments \Board Memo Amendment #3 - November 2012.docx
ORDINANCE NO.
AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL
BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2012
AND ENDING DECEMBER 31, 2012
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
the day of 1 2012
Published in pamphlet form by
authority of the corporate authorities
of the Village of Mount Prospect, Illinois
the _ day of , 2012.
ORDINANCE NO.
AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL
BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2012
AND ENDING DECEMBER 31, 2012
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed
and approved Ordinance No. 2342 which sets the finances of the Village under the "Budget
Officer System "; and
WHEREAS, pursuant to the aforesaid Ordinance and the Statutes of the State of Illinois an annual
budget for the fiscal year commencing January 1, 2012 and ending December 31, 2012 was
adopted through the passage of Ordinance No. 5891 approved by the Corporate Authorities of the
Village of Mount Prospect on December 20, 2011; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed
and approved Ordinance No. 6001 on April 3, 2012, amending the annual budget for the fiscal
year commencing January 1, 2012 and ending December 31, 2012; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed
and approved Ordinance No. 6036 on November 6, 2012, amending the annual budget for the
fiscal year commencing January 1, 2012 and ending December 31, 2012; and
WHEREAS. the President and Board of Trustees of the Village of Mount Prospect have further
reviewed certain additions and changes to the aforesaid budget for the fiscal year beginning
January 1, 2012 and ending December 31, 2012; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe the
changes, as specified on the attached January 1, 2012 through December 31, 2012 Budget
Amendment No. 3 to be in the best interest of the Village of Mount Prospect; and
WHEREAS, the Village has now revised the revenue projections or has reserves in each of the
Funds in which the budget is being increased adequate in amount to cover the budget changes
reflected M Budget Amendment No. 3, attached hereto.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE
EXERCISE OF THEIR HOME RULE POWERS:
SECTION ONE That the fiscal year budget for January 1, 2012 through December 31, 2012 for
the Village of Mount Prospect is hereby amended, as detailed on Budget Amendment No. 3
attached hereto.
SECTION TWO That this ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
AYES:
NAYES:
ABSENT:
PASSED and APPROVED this day of , 2012.
Irvana K. Wilks
Mayor
ATTEST
M. Lisa Angell
Village Clerk
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 3
Fiscal Year January 1, 2012 through December 31, 2012
Expenditures
Fund /Account Number
Account Description
Current
Budget
Am ount
Increase
(Decrease)
Amended
Budget
Amount
001 General Fund
001.30.01.00.0.000.563.003
Bank Processing Fees
51,000
14,000
65,000
001.50.54.00.0.000.510.001
Medical Insurance
16,333
10,000
26,333
001.60.01.00.0.000.510.001
Medical Insurance
69,698
4,000
73,698
001.60.01.61.0.000.513.002
Vac /Pers Leave Incent.
1,423
3,000
4,423
001.70.01.00.0.000.513.001
Sick Leave Incentive
20,000
30,000
50,000
001.80.81.82.0.000.510.001
Medical Insurance
59,518
3,000
62,518
001.80.83.00.0.000.510.001
Medical Insurance
82,750
25,000
107,750
300,722
89,000
389,722
All other General Fund accounts
41,915,427
-
41,915,427
Total General Fund
42,216,149
89,000
42,305,149
040 Refuse Disposal Fund
040.80.85.00.0.000.568.005
Tipping Fees - SWANCC
1,153,192
5,000
1,158,192
1,153,192
5,000
1,158,192
All other Refuse Disposal Fund accounts
3,265,011
-
3,265,011
Total Refuse Disposal Fund
4,418,203
5,000
4,423,203
041 Motor Fuel Tax Fund
041.80.81.81.0.354.624.009
Salt/Calcium Chloride
200,000
35,000
235,000
200,000
35,000
235,000
All other Motor Fuel Tax Fund accounts
1,397,463
-
1,397,463
Total Motor Fuel Tax Fund
1,597,463
35,000
1,632,463
045 DUI Fine Fund
045.60.61.65.0.000.560.002
Comp Programming
5,125
2,400
7,525
045.60.61.65.0.000.665.031
Other Equipment
8,800
3,600
12,400
13,925
6,000
19,925
All other DUI Fine Fund accounts
2,000
-
2,000
Total DUI Fine Fund
15,925
6,000
21,925
046 Foreign Fire Tax Board Fund
046.70.71.00.0.301.608.001
Other Supplies
3,000
3,000
6,000
3,000
3,000
6,000
All other Foreign Fire Tax Board
Fund accounts
25,500
-
25,500
Total Foreign Fire Tax Board Fund
28,500
3,000
31,500
050 Water and Sewer Fund
050.80.84.87.0.378.570.001
JAWA - Water Purchase
2,720,000
300,000
3,020,000
2,720,000
300,000
3,020,000
All other Water and Sewer Fund
accounts
10,116,158
-
10,116,158
Total Water and Sewer Fund
12,836,158
300,000
13,136,158
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 3
Fiscal Year January 1, 2012 through December 31, 2012
Expenditures
Fund /Account Number
063 Risk Management Fund
063.00.00.00.4.000.596.002
063.00.00.00.4.000.599.002
063.00.00.00.4.000.600.003
Account Description
Current
Budget
Amount
Increase
(Decrease)
Amended
Budget
Amount
93,000
9,000
102,000
100,000
40,000
140,000
-
7,500
7,500
193,000
56,500
249,500
6,762,955
-
6,762,955
6,955,955
56,500
7,012,455
Property Insurance
Liability Claims
Auto BI & PD Claims
All other Risk Management Fund accounts
Total Risk Management Fund
Total Village Budget
Funds being changed
All other Village Budget Accounts
68,068,353
23,227,380
494,500
68,562,853
23,227,380
Total Village Budget after Changes 91,295,733 494,500 91,790,233
IN
Mount Prospect
Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL E. JANONIS
FROM: DIRECTOR OF PUBLIC WORKS
DATE: DECEMBER 13, 2012
SUBJ: VILLAGE CODE AMENDMENTS REQUIRED FOR COMBINED SEWER
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT
COMPLIANCE
Background
The Village of Mount Prospect holds a National Pollutant Discharge Elimination System
( NPDES) permit that regulates the operation of our combined sewer system. The NPDES
permit system is a set of protocols and requirements promulgated by the United States
Environmental Protection Agency (USEPA). In Illinois, NPDES permits are administered by the
Illinois Environmental Protection Agency (IEPA).
The intent of this system is to prevent surface water pollution by limiting the potential for
contaminates to access waterways from sewer systems, industrial activity, and construction.
NPDES permit goals are relevant for combined sewer owner /operators because combined
sewers are designed to overflow into waterways during rain events. Inevitably, these overflow
discharges include some component of sanitary waste.
Every combined sewer system owner /operator in the United States must obtain an NPDES
permit and comply with its requirements.
One of our compliance requirements is to periodically review and certify that village codes
contain specific, mandated provisions. Generally, these provisions empower staff to enforce
nationally recognized best practices that can help limit the frequency and duration of combined
sewer overflows.
A recent review, performed by staff and Gewalt Hamilton Associates consulting engineers of
Vernon Hills, Illinois revealed that existing village codes lack sufficient provisions for the
following best practices:
• All new buildings erected in a combined sewer area are constructed with separate and
distinct domestic (sanitary) waste and inflow (clear water) connections to facilitate
disconnection of the inflow component should a separate storm sewer become available
in the future.
Page 2 of 2
Village Code Amendments Required for Combined Sewer National Pollutant Discharge Elimination
System Permit Compliance
December 13, 2012
• All existing storm sewer structures (catch basins, inlets, etc.) on a combined sewer
system should be connected to a separate storm sewer if a separate storm sewer
becomes available in the future.
To correct these deficiencies, recommended code amendments are attached for the Village
Board's consideration.
Discussion
The code change pertaining to the separation of clear water and sanitary connections effectively
codifies practices informally implemented by staff for many years. For example, new buildings
are required to separate clear water and sanitary components regardless of whether they are
constructed in separate sanitary or combined sewer areas. Clear water components are
required to be discharged outside at grade level and are not permitted to discharge to combined
sewers unless a variance is granted by the village engineer. However, the existing code does
not specifically state that such an exception has to be separate and distinct from the sanitary
waste connection. In reality, staff has required such connections to be separate for many years.
Similarly, there is no specific language requiring that area drainage systems or parking lot
drainage systems have separate connections to combined sewers. However, as a practical
matter, staff has required separate connections for many years.
The code amendment requiring inlets and catch basins to be transferred from a combined
sewer to a storm sewer, if one becomes available, is a bit amorphous because it is an extremely
rare event. In fact, staff could not identify a relevant instance where a new separate storm
sewer system was constructed in an area already served by combined sewers. However, staff
agrees that the best interests of the Village would be served if by transferring inlets and catch
basins to a separate storm sewer if one becomes available.
Consequently, it is the opinion of staff that both proposed code changes are beneficial and do
not present cumbersome or costly burdens to residents, staff, or future development.
Recommendation
I recommend that both attached village code modifications be presented for the Village Board's
consideration at the December 18, 2012 regular meeting. 6
n P. Dorsey
Cc: Deputy Director of Public Works Jason Leib
Village Engineer Jeff Wulbecker
Water /Sewer Superintendent Matt Overeem
Streets /Buildings Superintendent Paul Bures
ORDINANCE NO.
AN ORDINANCE TO AMEND
ARTICLE V, "SANITARY SEWER SYSTEM" SECTION 9.501 "GENERAL
PROVISIONS," OF CHAPTER 9 ENTITLED "PUBLIC UTILITIES, PAVEMENT &
TREE REGULATIONS" OF THE MOUNT PROSPECT VILLAGE CODE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE
EXERCISE OF THEIR HOME RULE POWERS:
SECTION ONE: Section 9.501 entitled "General Provisions" of Article V entitled
"Sanitary Sewer System" of Chapter 9 of the Mount Prospect Village Code shall be
amended by inserting the following new Subsection (C) to be and read as follows:
9.501: GENERAL PROVISIONS:
C. Upon installation of a new separate storm sewer in combined sewer
areas, all existing inlets and catch basins adjacent to the new
separate storm sewer shall be connected to the new storm sewer
within one (1) year of construction. The former connection to the
combined sewer shall be permanently sealed to prevent any future
connection of clear water inflow.
SECTION TWO This Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this _ day of ' 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLK0\WIN \0RDINANCE2 \amend chapter9stormsewerinflowdec18 .doc
242351_1
ORDINANCE NO.
AN ORDINANCE TO AMEND
ARTICLE V, "SANITARY SEWER SYSTEM," SECTION 16.501, "GENERAL" OF
CHAPTER 16 ENTITLED "SITE CONSTRUCTION STANDARDS," OF
THE MOUNT PROSPECT VILLAGE CODE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE
EXERCISE OF THEIR HOME RULE POWERS:
SECTION ONE: Section 16.501 entitled "General" of Article V entitled "Sanitary Sewer
System" of Chapter 16 of the Mount Prospect Village Code shall be amended by
inserting the following new Subsection (E) to be and read as follows:
16.501: GENERAL:
E. In areas served by combined sewers, all new buildings shall include a
domestic sanitary waste connection distinctly separate from any and
all storm water, groundwater, or other clear water connections for the
purpose of facilitating a disconnection of clear water sources from the
combined sewer should a separate storm sewer become available.
Each building connection location shall be documented on the as -built
plans and shall indicate the size and depth of the connection. Any
connection not in service shall be properly capped and sealed to
prevent any clear water inflow into the sewer system.
SECTION TWO This Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this _ day of ' 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLK0\WIN \0RDINANCE2 \amend chapter16sanitarysewersystemdecl8 .DOC
242351_1
Mount Prospect Public Works Department
LL $/ INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL E. JANONIS
FROM: VILLAGE ENGINEER
DATE: DECEMBER 11, 2012
SUBJECT: RESOLUTION TO AUTHORIZE EXECUTION OF KENSINGTON ROAD
IMPROVEMENT AGREEMENTS
CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION
($354,000.00)
LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION
BACKGROUND
The Village is seeking to have improvements made to Kensington Road, between
Prospect High School and Rand Road in a cooperative effort with the Illinois Department
of Transportation (IDOT). The improvements include complete pavement
reconstruction, right turn lanes at Route 12 and Route 83, widening to a 3 lane cross
section, and storm sewer, sidewalk and street light improvements. The project has been
approved for federal funding by the Northwest Municipal Conference. Upon
completion of construction IDOT will transfer maintenance and jurisdiction of the
roadway to the Village. The Design Engineering is complete and the project is scheduled
for a January 18, 2013 bid opening. The estimated project cost for Phase III Construction
and Construction Engineering is $3,954,000.00
DISCUSSION
With the approaching bid opening, the next phase will require execution of
i ntergovernmental r.,emen for Ph III r-- i-r...i-i —rte _4 ('. +—, +inn Gnrrinnerin in
ii nc� �vvc� i n i ici nai a� cc� icy n� Zvi i iaSc^ a �.v� 1$u u�..uvi I U1 1% ..vl ut1 U�.uvi t "1 1611 1% �I a
order to be eligible for the federal funding and to keep the project progressing.
The Village must enter into a CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR FEDERAL
PARTICIPATION with a consulting engineer to perform the construction engineering for the
project. Prior to awarding the Phase I and Phase 11 contracts to Gewalt Hamilton
Associates, Inc. the Village requested a statement of qualifications from five consulting
engineering firms to perform Phase 1, Project Preliminary Engineering Services and Phase
II Design Engineering Services. After reviewing and evaluating the qualifications, the
Village selected to negotiate an agreement with the first ranked consultant, Gewalt
Hamilton Associates, Inc. for the Phase I work. Their Phase 1 and Phase II work has been
satisfactory and because of their specific knowledge about this project, it is my
recommendation that the Phase III Construction Engineering contract be awarded to
Gewalt Hamilton Associates, Inc., in the amount not to exceed $354,000.
Page 2
Kensington Road Improvements
December 11, 2012
The Village must also enter into a LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION
with IDOT to secure the federal participation for the Construction and Construction
Engineering cost. The expected cost participation is:
_ Federal
State
Village
Total --
Construction $2,880,000
$654,000
$66,000
$3,600,000
Construction
1
3 $283,200
$69,750
$1,050
$354,000
Engineering
. .
Total Cost ? $3,163,200
$723,750
$67,050
$3,954,000
Funds are included in the 2013 budget for these proposed agreements.
RECOMMENDATION
It is my recommendation that the Village Board approve a resolution authorizing
execution of the following documents at the December 18, 2012 Village Board Meeting
relating to the Kensington Road Improvement Project:
CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION
($354,000)
LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION (Federal Share 80 %, State Share
18.3 %, Village Share 1.7 %)
r A. ulbecker
I concur with the above recommendation.
Sean P. D
rector of Public Works
H:\ Engineering\ Agencies \NWMC \STPProjects \Kensington Rd \PhaseIIKonsultantRecMm
2
Local Agency
Village of Mount Prospect
L
I11nois Department
Consultant
Gewalt Hamilton Associates, inc
p
C
of Transportation
0
County
Address
Cook
A
L
N
S
850 Forest Ed a Drive
Section
City
09 -00154-00-PV
Vernon Hills
Project No.
A
Construction Engineering
U
State
M-9003 (
G
Services Agreement
T
Illinoi
Job No.
C -91- 875 -09
E
N
For
Federal Participation
A
N
Zip Code
Contact Name /Phone /E -mail Address
Contact Name /Phone /E -mail Address
Jeff Wulbecker / (847) 870 -5640
C
T
Kevin Belgrave / (847) 478 -9700
jwulbeck @mountprospect.org
Y
kbeigrave @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 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 Kensington Road Route FAU 1295 Length 0.803mi Structure No. N/A
Termini Forest Avenue to IL R te 83
Description: Project consists of reconstruction of Kensington Road including approximately 10,000 SY of pavement removal; 14,150 SY
of HMA pavement; 235 Ton of HMA Surface; 130 Ton of HMA Level Binder; 8,700 FT of Curb & Gutter; 2,600 FT of storm sewer; Traffic
Signal Modifications and installation of roadway lighting.
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.
h Pronor#inn hn4 mix a nhal Sr Ainn #� nlin bleu, QTATC DDRADD (1!` /!lA i.- .,.,i.,.. docum .J o bt a i n �,.
p. .� . x S11 a y . -F va . _1 ATE L 11 1 ♦ QC ( #t aiming documents and oU ail l� 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. 01/10/12)
Printed on 11/27/2012 10:05:59 AM
• 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. 01/10/12)
Printed on 11 /27/2012 10:05:59 AM
b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or
person in connection with carrying out the AGREEMENT or
c) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above
ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out
the AGREEMENT.
d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
e) have not within a three -year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public
(Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
f) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (e) of this certification; and
g) have not within a three -year period preceding this AGREEMENT had one or more public transactions (Federal, State or local)
terminated for cause or default.
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. 01/10/12)
Printed on 11/27/2012 10:05:59 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.
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. 01/10/12)
Printed on 11/27/2012 10:05:59 AM
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 contractors 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) A$$isting eiiipivjjccSU in `ueieiitii�g 'a ivur. of ac in the event drug ^ v ounselln ^ +re .1 and rehahlll#a#lnn le
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.
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. 01/10/12)
Printed on 11/27/2012 10:05:59 AM
Agreement Summary
Prime Consultant:
TIN Number
Agreement Amount
Gewalt Hamilton Associates, Inc
36- 3426053
$330,702.76
Sub - Consultants:
TIN Number
Agreement Amount
Soil and Material Consultants, Inc
36- 3094075
$22,664.00
Sub - Consultant Total:
$22,664.00
Prime Consultant Total:
$330,702.76
Total for all Work:
1 $353,366.76
Executed by the LA:
ATTEST
By:
(SEAL)
Executed by the ENGINEER:
Village of Mount Prospect
(Municipality/Township /County)
By:
Title:
Clerk
Gewalt Hamilton Associates, Inc
By: Z . e{9c-°
Title:
Page 6 of 8 BLR 05611 (Rev. 01/10/12)
Printed on 11/27/2012 10:05:59 AM
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Exhibit B
Illinois Department Engineering Payment Report
of Transportation
Prime Consultant
Name Gewalt Hamilton Associates, Inc.
Address 850 Forest Edge Drive, Vernon Hills, Illinois 60061
Telephone 847 - 478 -9700
TIN Number 36- 3426053
Project Information
Local Agency
Section Number
Project Number
Job Number
Village of Mount Prospect
09- 00154 -00 -PV
M -9003 (435)
C -91- 875 -09
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 I TIN Number Actual Payment
from Prime
I Soil and Material Consultants, inc 1 36- 3094075 1 1
Sub - Consultant Total:
Prime Consultant Total:
Total for all Work
Completed:
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.
Page 8 of 8
Printed on 11/27/2012 10:05:59 AM
BLR 05613 (Rev. 01/10/12)
Exhibit E
FAU 1295 Kensington Road
From Forest Avenue to IL Rte 83
Roadway Reconstruction
Section No.: 09- 00154 -00 -PV
Job No.: C -91- 875 -09
Cook County, Illinois
Gewalt Hamilton Associates, Inc
Hourly Rate Range
Principal Engineer
$54.00
- $60.00
Senior Engineer
$41.88
- $54.75
Prof Engineer — Project Consult
$28.00
- $40.50
Registered Land Surveyor
$25.00
- $46.25
Staff Engineer
$21.75
- $37.63
Senior Engineering Technician
$24.00
- $37.50
Engineering Technician II
$16.50
- $28.00
Engineering Technician 1
$11.00
- $19.00
Engineering Interns
$11.00
- $13.00
Clerical
$17.50
- $23.50
Exhibit F
FAU 1295 Kensington Road
From Forest Avenue to IL Rte 83
Roadway Reconstruction
Section No.: 09- 00154 -00 -PV
Job No.: C -91- 875 -09
Cook County, Illinois
Gewalt Hamilton Associates, Inc
Direct Cost Estimate
Estimated Expenses:
Shipping Expenses Estimated at:
8 submittals x $15.00 /submittal = $120.00
Vehicle Expense Estimated at:
6,000 miles at $0.50 /mile $3,000.00
Estimated Direct Cost Total = $3,120.00
office: 1 -847- 870 -0544
SAIL AN® MATERIAL CONSULTANTS 1NG, fax: 1- 847 - 870 -0661
www.soilandmaterialcorlsultants .corn
us @soilandrnaterialconsultants .coin
August 2, 2012
Proposal No. 12,631
Revised
Mr. Kevin L. Belgrave, P.E., PTOE
Gewalt Hamilton Associates, Inc.
850 Forest Edge Drive
Vernon Hills, IL 60061
Re: Soil and Construction Material Testing
Kensington Road Improvements
09- 00154 -00 -PV
Mount Prospect, IL
Dear Mr. Belgrave:
Submitted for your consideration is our proposal to provide soil and construction material testing on
a will -call basis initiated by your office or representative.
We understand the testing requirements of the IDOT QC /QA program are applicable. We propose
to be the QA project manager, provide QA plant testing and provide QA jobsite 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 sirnilar
projects, we estimate a charge of $22,664.00 may be incurred for the anticipated services. Actual
billing will be on a unit price basis and you will only be billed for those services actually provided.
Final billing may be less than or greater than the estimated charge. Requests for services not
included within the scope of this proposal will be provided at our established unit 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. Further, please include
applicable plans and specifications, if not already submitted.
Very truly yours,
SOIL AND MATERIAL CONSULTANTS, INC.
Thomas P. Johnson, P.E.
President
TPJ:kg
Proposal Accepted By
Client WAua P AFA ttaopi ASSOC- iA foic'.
Street X S 1 D 6 6 DR t h e
Town yEP- kIULS 4 State 1 Zip Code G O0 ( v l
Phone ( 847 ql®o E -Mail Address ll mvc. (P J�a.eK C on,
Signature ` Position SSM r®r'L ry a c 10 aSrt
Printed Name _ k evio L.. C- L.G Jc- Date it I u, I it-
8 WEST COLLEGE DRIVE o ARLINGTON HEIGHTS, IL 60004
SOIL BORINGS 9 SITE INVESTIGATIONS PAVEMENT INVESTIGATIONS 0 GEOTECHNICAL ENGINEERING
TESTING OF � SOIL ASPHALT a CONCRETE 0 MORTAR 0 STEEL
Proposal No, 12,631
Re: Kensington Road Improvements
09- 00154 -00 -PV
Mt. Prospect, IL
Estimated Units Fee
SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES
Effective 1 -1 -12 BITUMINOUS CONCRETE
Service
Plant Testing
Technician
Field Testing
Technician with Nuclear Gauge
Laboratory Testing
Asphalt Content (ignition)
Bulk Specific Gravity (gyratory)
Maximum Specific Gravity
Unit Weight — cores
Engineering
Senior Engineer (P.E.)
- QA Project Manager,
includes project administration,
field /laboratory engineering, mix
design review, consultation and
report review
Estimates:
Item
3 days $ 720.00 /day
Page 2
Cost
$ 2,160.00
56
hours
$
85.00
/hour
$
4,760.00
4
Leveling Binder
130
340.00
/day min.
Class D Patches
19
3
each
$
160.00
each
$
480.00
3
each
$
260.00
each
$
780.00
3
each
$
80.00
each
$
240.00
10
each
$
10.00
each
$
100.00
3
hours
$
130.00
/hour
$
390.00
Estimated Cost:
$
8,910.00
Contractor
Tons Working Days Est. Days - 20% QA
HMA Surface, N50
675
1
2
HMA Pavement (Full Depth)
8,320
9
4
Leveling Binder
130
1
--
Class D Patches
19
1
--
Base Coarse Widening
1
1
Total: 1 9,144 13 7
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
Proposal No, 12,631 Page 3
Re: Kensington Road Improvements
09- 00154 -00 -PV
Mt. Prospect, IL
SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES
Effective 1 -1 -12 PORTLAND CEMENT CONCRETE
Service
Plant Testing
Technician
Field Testing
Technician
- includes temperature, slump,
air and cylinders
Cylinder Pick -up
Laboratory Testin
Cylinder Compressive Strength
Engineering
Senior Engineer (P.E)
- QA Project Manager.
includes project administration,
field /laboratory engineering, mix
design review, consultation and
report review
Estimated Cost: $ 6,564.00
Estimates:
Contractor
Item Quantity CY Working Days Est. Days - 20% QA Cyis.
PCC Combined C & G
8,670 ft.
482
9
2
16
PCC Sidewalk — 6"
3,470 sq.ft.
65
2
1
4
PCC Driveway 5" & 8"
790 sq.yd.
134
2
1
4
Concrete
Foundation /Traffic Signals
& Lightin
5
2
8
Total: 1 1 18 1 6 32
Est. Work Units
Fee
2 days $ 600.00 /day
48 hours $ 85.00 /hour
340.00 /day min.
6 hours $ 85.00 /hour
Cost
$ 1,200.00
$ 4,080.00
$ 510.00
32
each
$
12.00
each
$
384.00
3
hours
$
130.00
/hour
$
390.00
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
Proposal No. 12,631 Page 4
Re: Kensington Road Improvements
09- 00154 -00 -PV
Mt. Prospect, IL
SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES
Effective 1 -1 -12 AGGREGATE AND SOIL
Service
Field Testing
Technician
(Proof -Rolls & Cone Penetrometers)
Laboratory Testing
Standard Proctor
Engineering
Senior Engineer (P.E.)
- includes project administrations
field /laboratory engineering,
consultation and report review
Est. Work Units Fee
80 hours $ 85.00 /hour
340.00 /day min.
1 each $ 130.00 each
2 hours $ 130.00 /hour
Cost
$ 130.00
$ 260.00
Estimated Cost: $ 7,190.00
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
Proposal No. 12,831
Re: Kensington Road Improvements
09- 00154 -00 -PV
Mt. Prospect, IL
Page 5
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.
GEOTECHNiCAL INVESTIGATIONS TESTING SERVICES
Client will furnish SMC with right -of- access to the site.
SMC will take reasonable precautions to minimize site
damage due to its operations, but has not included in
the fee the cost of restoration of any resulting
damage. SMC shall not be liable for damage or injury
due to encountering subsurface structures (pipes,
tanks, utilities or others) not called to SMC's attention
in writing or are not correctly shown on the drawings
furnished by client or client's representative. If the
client desires, SMC will restore any damage to the
site and add the cost of restoration to the fee.
Field work, laboratory testing and engineering
analysis will be performed in accordance with
generally accepted soil and foundation engineering
practices. Samples are retained in our laboratory for
30 days from date of report and then destroyed
unless other disposition is requested. The data
reported applies only to the soils sampled and the
conditions encountered at each boring location. This
does not imply or guarantee that soils between
borings will be identical in character. Isolated
inclusions of better or poorer soils can be found on
any site. SMC will not be liable for extra work or other
consequences due to changed conditions
encountered between borings.
Any exploration, testing and analysis associated with
the investigation will be performed by SMC for the
client's sole use to fulfill the purpose of this
Agreement. SMC is not responsible for use or
interpretation of the information by others. The client
recognizes that subsurface conditions may vary from
those encountered in borings or explorations.
Information and recommendations developed by SMC
are based solely on available information and for the
currently proposed improvement.
Client shall furnish SMC with at least one working day's notice on any
part -time (less than S hours /day) job when field personnel are requested.
SMC shall make reasonable effort to provide field personnel in a timely
manner but reserves the right to schedule field personnel as deemed
appropriate. Minimum charges will be billed when work cancellations are
received after field personnel have left for the project site.
SMC personnel will provide a professional service based on observations
and testing of the work of a contractor, subcontractor, or other
servicelmaterial provider, as specifically requested. SMC field personnel
will look for general conformance with project specifications, plans and/or
soil report but does not accept the responsibility to control or direct the
work of others. Discrepancies noted by SMC office or field personnel will
be referred to client or client's representative.
Testing Services furnished by SMC are defined as the taking of soil and /or
material tests at various locations and the making of visual observations
relating to earthwork, foundations, and /or materials as specifically
requested by the client and agreed to by SMC, and will be limited to those
specifically agreed services. Such services will be performed by SMC
using that degree of care and skill ordinarily exercised, under similar
circumstances, by reputable members of the profession practicing in this
or similar localities.
Observations and testing of soils and /or materials by SMC in no way
implies a guarantee or warranty of the work of the contractor,
subcontractor, or other service /material provider. SMC's work or failure to
perform same shalt in no way excuse such contractor, subcontractor or
other servicelmaterial provider from liability in the event of subsequently
discovered defects, omissions, errors, deficiencies or failure to perform in
accordance with the project plans and specifications. SMC field
personnel shall not be responsible for superintendence of the construction
process nor direction of the work of the contractor, subcontractor, or other
service /material provider. SMC's work shall not include determining or
implementing the means, methods, techniques, sequences or procedures
of construction. SMC shall not be responsible for evaluating, reporting or
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 a 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.
Ends Department
of Transportation
Local Agency Agreement
for Federal Participation
Local Agency
Village of Mount Prospect
State Contract
X
Day Labor
Local Contract
RR Force Account
Section
09- 00154 -00 -PV
Fund Type
STU /SRF
ITEP Number
Construction
En in erinq
Right- f-Wa
Job Number
Project Number
Job Number
Project Number
Job Number
Project Number
C -91- 875 -09
M- 9003(435)
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 Kensington Road Route FAU 1295 Length 0.803 miles
Termini Forest Avenue to IL Rte 83
Current Jurisdiction STATE Existing Structure No N/A
Project Description
This project involves the reconstruction of Kensington Road from Forest Avenue to IL Rte 83 from two lanes to three lanes with curb and
gutter, traffic signal modifications and roadway lighting.
Division of Cost
Type of Work STU % STATE % LA % Total
Participating Construction 2,880,000 ( ) 654,000 ( ) 66,000 ( BAL ) 3,600,000
Non - Participating Construction ( ) ( ) ( )
Preliminary Engineering ( ) ( ) ( )
Construction Engineering 283,200 ( ) 69,750 ( ) 1,050 ( BAL ) 354,000
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
Materials
TOTAL $ 3,163,200 $ 723,750 $ 67,050 $ 3,954,000
*Maximum FHWA (STU) participation 80% not to exceed $3,163,200. * *Maximum
STATE participation not to exceed $723,750 used as match to STU.
NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and
State participation. The actual costs will be used in the final division of cost for billing and reimbursment.
If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above.
The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost.
Local Agency Appropriation
By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and
additional funds will be appropriated, if required, to cover the LA's total cost.
Method of Financing (State Contract Work)
METHOD A- - -Lump Sum (80% of LA Obligation)
METHOD B - -- Monthly Payments of
METHOD C --- LA's Share Balance
divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Printed on 12/11/2012 Page 1 of 5 BLR 05310 (01106/12)
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 11 and 111 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 11 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 12/11/2012 Page 2 of 5 BLR 05310 (01/06/12)
(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.
i y T o regulate parking and traffic in accordance with the approved project 1 g" p" g Pp report.
p i p
(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 12/11/2012 Page 3 of 5 BLR 05310 (01106/12)
(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 with 30 days after
the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway
planning and construction activities is 20.205.
(26) That the LA is required to register with the 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. If you do not have a CCR number, you must register at
https: / /www.bpn.gov /ccr If the LA, as a sub - recipient of a federal funding, receives an amount equal to or greater than $25,000 (or
which equals or exceeds that amount by addition of subsequent funds), this agreement is subject to the following award terms:
http: / /edocket. access. gpo.gov /2010/pdf/2010- 22705.pdf and http: / /edocket. access. gpo .gov /2010/pdf/2010- 22706.pdf
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.
(3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and
performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.
The LA shall take all necessary and reasonable 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.
(4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to
appropriate or otherwise make available funds for the work contemplated herein.
(5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and /or
amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et sea .) unless the provisions of that Act exempt its
application
Printed on 12/11/2012 Page 4 of 5 BLR 05310 (01/06/12)
ADDENDA
Additional information and /or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1 Location Man Number 2 Changes to Agreement Provisions Number 3 Jurisdictional Transfer
(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
Local Agency
APPROVED
State of Illinois
Department of Transportation
Irvana K. Wilks
Name of Official (Print or Type Name)
Mayor
Title (County Board Chairperson /Mayor/Village Presidentletc.)
(Signature) Date
w bove signature certifies the agency's TIN number is
600601 conducting business as a Governmental
tity.
DUNS Number 069507697
NOTE If signature is by an APPOINTED official, a resolution
authorizing said appointed official to execute this agreement is
required.
Ann L. Schneider, Secretary of Transportation Date
By:
(Delegate's Signature)
(Delegate's Name - Printed)
William R. Frey, Interim Director of Highways /Chief Engineer Date
Ellen J. Schanzle- Haskins, Chief Counsel Date
Matthew R. Hughes, Director of Finance and Administration Date
Printed on 12/11/2012 Page 5 of 5 BLR 05310 (01/06/12)
ADDENDUM #2
Village of Mount Prospect
FAU 1295 / Kensington Road: Forest Avenue to IL Rte 83
Section No.: 09- 00154 -00 -PV
Project No.: M- 9003(435)
Job No.: C -91- 875 -09
Cook County
CHANGES IN "AGREEMENT PROVISIONS"
UNDER "IT IS MUTUALLY AGREED "
The following items are added:
All traffic control equipment to be used in the traffic signal work included herein must be
approved by the STATE prior to its installation. The STATE must be notified a minimum of
seven (7) working days prior to the final inspection. Final inspection of the signalized
intersection will be made by a representative of the STATE, and, if satisfactory, authorization
for turn on will be given.
Upon acceptance of the traffic signal by the STATE the financial responsibility for maintenance
and electrical energy for the operation of the traffic signal at the intersection shall be
proportioned as follows:
MAINTENANCE ELECTRICAL ENERGY
IL Route 83 at Kensington Road 100% STATE 100% STATE
US Route 12 at Kensington Road/ 100% STATE 100% STATE
Foundry Road
and continue as part of the Master Agreement between the LA and the STATE effective
July 1, 2011.
8. The actual maintenance of traffic signals will be performed by the STATE with its own forces or
through ongoing contractual agreement.
9. The financial responsibility for the maintenance of the "Emergency Vehicle Preemption"
equipment at the signalized intersections above shall be borne by the LA.
10. The STATE retains the right to control the sequence and timing of the traffic signals.
11. The LA will be responsible for 100% of the maintenance and energy costs for the roadway
lighting within the project limits. The LA shall receive invoices directly from the utility company
for the payments of electrical energy costs without any STATE involvement.
12. Payment by the STATE of any or all of its share of maintenance and energy is contingent upon
the STATE receiving adequate funds in its annual appropriation.
13. It is mutually agreed, if, in the future, the STATE adopts a roadway or traffic signal improvement
passing through the intersection which requires modernization or reconstruction to said traffic
signal and /or roadway lighting, then the LA agrees to be financially responsible for all costs to
relocate or reconstruct the roadway lighting and emergency vehicle pre - emption equipment,
and proportionate costs of the traffic signals in conjunction with the STATE's proposed
improvement.
Illinois Department
of Transportation
Local Agency -State
Jurisdictional Transfer
LocalAgency
Type of Systems Transfer
Municipality: Village of Mount Prospect
Type 1
From: State Highway System
To: Local Highway System
Type 2
From: Local Highway System
To: State Highway System
Township/Road District:
County: Cook
Section Number: 09- 00154 -00 -PV
Indicate Type of Systems Transfer: 1
The above local agency, and the State of Illinois, acting by and through its Department of Transportation, agree to transfer
the jurisdiction of the designated location in the manner indicated above under Type of Systems Transfer.
Location Description
Name Kensington Road Route FAU 1295 Lenqth 0.50 mile
Termini From Forest Avenue to IL Route 83 (Elmhurst Road)
This transfer ❑ does ® does not include Structure No.
The transfer ❑ does ® does not include a transfer to land rights (4 -508). If it does, attach letter of intent approved by the
Department.
WHEREAS, the authority to enter into this contract is granted the STATE by Section 4 -409 of the Illinois Highway Code and
the authority to make changes in the State Highway System is granted the State under Section 2 -101 of the Illinois Highway
Code.
Include for Municipalities Only
WHEREAS, the authority to make changes to the Municipal Street System is granted to the Municipality by Section 7 -101 of
the Illinois Highway Code.
NOW THEREFORE IT IS AGREED that the corporate authority of said municipality will pass an ordinance providing for the
transfer of the above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No. 1
and a copy of the ordinance as Addendum No. 2, and
Include for Counties Only
WHEREAS, the authority to make changes to the County Highway System is granted to the County by Section 5 -105 of the
Illinois Highway Code.
NOW THEREFORE IT IS AGREED that the County Board of said County will pass a resolution providing for the transfer of
the above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No, 1 and a copy
of the resolution as Addendum No. 2, and
Include for Township /Road Districts Only
WHEREAS, the authority to make changes to the Township /Road District System is granted to the Highway Commissioner
under Section 6 -201.3 of the Illinois Highway Code and said Highway Commissioner shall attach hereto and make a part
hereof a copy of a location map as Addendum No. 1, and
IT IS MUTUALLY AGREED, that this jurisdictional transfer will become effective 7 calendar days after:
(check one)
❑ Final Inspection by the State (Type ) ❑ Execution of Agreement
® Acceptance by the State ❑ Approval of Land Conveyance
❑ Other:
Supplements
Additional information and /or stipulations, if any, are hereby attached and identified below as being a part of this jurisdictional
transfer.
Supplement 1. Location Map 2. Villaae Ordinance
(Insert supplement numbers of letters and page numbers, if applicable.)
IT IS FURTHER AGREED, that the provisions of this jurisdictional transfer shall be binding and inure to the benefit of the
parties hereto, their successors and assigns.
Printed 12/11/2012 BLR 05210 (Rev. 04108/08)
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT
TO EXECUTE INTERGOVERNMENTAL AGREEMENTS WITH
THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT)
FOR KENSINGTON ROAD IMPROVEMENTS
WHEREAS, the Village of Mount Prospect (the "Village ") is a home rule unit of government
pursuant to the Illinois Constitution of 1970; and
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental
Cooperative Act, 5 ILCS 220/1 et seq., authorize public agencies to contract or otherwise
associate among themselves to obtain or share services, and to exercise, combine or transfer
any power or function, in any manner not prohibited by law; and
WHEREAS, the Village and the Illinois Department of Transportation ( "IDOT ") are "public
agencies" as defined in the Intergovernmental Cooperative Act, 5 ILCS 220/1 et seq.; and
WHEREAS, the Village is seeking to have improvements made to Kensington Road, between
Prospect High School and Route 83, which improvements include, among other things, complete
pavement reconstruction, right turn lanes at Route 12 and Route 83, widening to a three (3) lane
cross section, and storm sewer, sidewalk and street light improvements (the "Kensington Road
Improvement Project "); and
WHEREAS, the Northwest Council of Mayors has approved federal funding for the design
engineering, construction engineering, and construction of the Kensington Road Improvement
Project; and
WHEREAS, IDOT has agreed to participate in the Kensington Road Improvement Project by
providing State of Illinois funding in exchange for the Village's agreement to accept jurisdiction of
Kensington Road from Forest Avenue to Illinois Route 83; and
WHEREAS, IDOT's participation further requires the Village to enter into the following
intergovernmental agreements with IDOT: 1) Construction Engineering Services Agreement for
Federal Participation and 2) Local Agency Agreement for Federal Participation; and
WHEREAS, the State of Illinois will transfer maintenance and jurisdiction of the roadway to the
Village upon completion of the Kensington Road Improvements; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed
that the best interests of the Village will be served by entering into the Intergovernmental
Agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS
HOME RULE POWERS AND AUTHORITY SET FORTH IN THE ILLINOIS CONSTITUTION OF
1970 AND ILLINOIS INTERGOVERNMENTAL COOPERATION ACT (5 ILCS 220/1 ET SEQ .),
AS FOLLOWS:
263607_1
Page 2 of 2
IDOT Kensington Road Improvement IGA
SECTION ONE: The recitals set forth above are incorporated by reference into this Section One
as materials terms.
SECTION TWO: That the President and Board of Trustees hereby approve the following
intergovernmental agreements: 1) IDOT'S Construction Engineering Services Agreement for
Federal Participation, attached and made a part of this Resolution as Exhibit "A" and 2) IDOT's
Local Agency Agreement for Federal Participation, attached and made a part of this Resolution
as Exhibit "B ".
SECTION THREE That the President and Village Clerk of the Village of Mount Prospect are
hereby authorized to execute the intergovernmental agreements, described in Section Two of this
Resolution.
SECTION FOUR That this Resolution shall be in full force and effective from and after its
passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this _ day of , 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
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