HomeMy WebLinkAboutRes 04-01 02/06/2001 NL
1/26/01
2/1/01
RESOLUTION NO. 4-01
A RESOLUTION AUTHORIZING THE EXECUTION Of A REVISED AGREEMENT BETWEEN
.THE VILLAGE OF MOUNT PROSPECT AND THE ILLINOIS DEPARTMENT OF
TRANSPORTATION RELATIVE TO STREET LIGHT IMPROVEMENTS ON ROUTE 83
WHEREAS, October 3, 2000, the corporate authorities of the Village of Mount Prospect
determined that it would be in the best interest of the Village to participate with the State of Illinois
in the Surface Transportation Program (STP) for street light improvements on Route 83 from Golf
Road to Prospect Avenue; and
WHEREAS, it was further determined that it would be in the best interest of all concerned to enter
into an Agreement to share the cost of such street light improvement project, in an amount not to
exceed $233,400; and
WHEREAS, the Agreement being the subject of this Resolution further specifies the portions of the
cost that will be paid by the Village of Mount Prospect and the Illinois Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, iLLINOIS:
SECTION ONE: That the Mayor is hereby authorized to sign and the Clerk is authorized to attest
his signature on the Agreement between the Village of Mount Prospect and the Illinois Department
of Transportation, being the subject of this Resolution. A copy of said Agreement is attached
hereto and hereby made a part hereof as Exhibit "A".
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by law.
AYES: Corcoran, Hoefert, Lohrstorfer, Prikkel, Skowron, Wilks
NAYS: None
ABSENT: None
PASSED and APPROVED this 6~h day of February, 2001.
~ arle(/, Mayor
ATTES-~'-. ~ .~,
Velma ~0V. Lowe, Village C e
H:\C LKO\G EN\flles\WlN\RES~,uth agrmt. Route 83 street light improve.dec
,,,Mount Prospect (V) ~ 00-00137-00-LT
Local Agency Agreement Fund Type
for Federal Participation . STU
StateCon~'actI DayLabor i o =con = i aFo ^c unt
This Agreement is made and entered into between the above local agency (LA) and the state ef Illinois, acting by and through its
Department of Trensporlation, hereinafter referred to as 'STATE'. The STATEand LA jointly propose to improve the designated location as
shown 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 United States Federal Highway Administretion hereinafter referred to as FHVVA,
Location
Local Name IL Route 83 (Elmhurst Road) · Route FAP 344 . Length 1.898 km
Termini Golf Road to US Route 14
Current Jurisdiction sta!e-Upon comp~efion of the improvement, State will retain jurisdiction and Mount Prospect will
assume maintenance responsibility.
Project Description Existing Str. No. N/A
Street lighting, includes light pole foundatioa, aluminum ght po e, unit duct, luminaire, conduit pushed, lighting contreIIer, trench backfill for
electrical work, and collateral work thereto.
Division of Cost
Type of Woi~k ' FHWA . % State ' % LA % Total
Participating Construction $425,600. 70.00 · $182,400. 30.00 $608,000
Non-Participating Construction
Preliminary Engineering
Construction Engineering $35,700. 70.00 $15,300. 30.00 $51,000
Right of Way
Railroads
Utilities
TOTAL $461,300. $187,700. $659,00~)
NOTE: The above costs are approximate and subject to change. The actual costs will be used in the final division of cost for billing and
~'eimbUrsement. If funding is'not a percentage of the total, place an asterisk in the Space provided for the percentage and explain below.
The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost:
Local Agency Appropriation
The LA on '?---' (,..e 'O I , appropriated, by separate resolUtion, o~'dinance or road improvement statement,
to pay the LA's share of the cost and will appropriate additional funds, if 'required to cover the LA's total
cost.- .LA's shai'e of the cost to be paid with [] MFT Funds ~,Other Funds.
· . Method of Financing (State Contract Wo~)
METHOD A--Lump Sum (95% of LA Ob ga[ion)
METHOD B-- Monthly Pay~nents of
METHOD C-x-LA's Share $182.400. 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)
Construction Engineering Right-of-Way
C-gl-215-00 . M-7003(888)
· · Agreement Provisions THE LOCAl.: AGENCY AGREES: '
(1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in.
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance, and Real Property Acquisition Pol{cies
Act of 1970, and established state policies and procedures. Prior to' advertising for bids, the LA shall certify to the STATE that ail
requirements of Titles Il and III of said Uniform Act have been satisfied. The disposition of encrcechments, if any, will be
cooperetively determined by representatives of the LA, and STATE and the FHWA, if required.
(2) To previde 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 sunreys and the preparation of plans for the proposed improvement and engineering Supervision during
construction qf the proposed improvement.
(4) To retain jurisdiction of the completed improvement unless specified othe~vise by addendum (addendum should be accompanied
by a location map). If the impre~ement location is currently under road district jurisdiction, an addendum is requirod.
(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 pumuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportati(~n.
(7) To maintain, for a minimum of 3 years after the completion of the contract, adequate hooks, 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 reiated to the contract shall be available for review and audit by the Auditor Generat
and the department; and the LOCAL AGENCY 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 suppo~ng documentation are not available to support their purported
d[sburaement.
(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 I~ayment designated on page one will be as follows:
Method A ~ Lump Sum Payment. Upon award of the contrect for this improvement, the LA will pay to the STATE, in lump
sum, an amount equal to 95% of the LA's estimated obligation incurred under this Agreement, and will pay to
the STATE the remainder of the LA's obligation (inctuding 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 95% of the LA's estimated obligation under the
previsions 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 - ~regrass 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, materi~l 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
preliri~thary engineering is undertaken with Federal par[icipation 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 ~:unds received under the terms of this Agreement.
Loca, Agency I Section
Mount Prospect (V) 00-00137-00-LT
Page 2
IL 494-0327 BLR 4251 (Rev, 4/2000)
(14)" And certifies to the best of its knowledge and belief its officials:
(e) are not presenity deban'ed, 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 proceding 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 indictad for or otherwise crimicelly or civilly cha~ged by a govemrn'ental 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 trar{sacfions (Federal, Stale, ocat)
[erminated for cause or default.
(15) To include the certifications, listed in item 14 above and all other ca~fications required by State statutes, in every contract,
including procurement of mater a s and eases of equ pment.
(16) (STATE Contracts) That execution of this agreement constitutes the LOCAL AGENCY's concurrence in the award of the
construction contract to .the responsible Iow bidder as determined by the STATE.
(17) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LOCAL AGENCY's
certification that:
(a) No Federal apprepriated 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 nfluencing or attempting
to influence an officer or employee Of any agency, a Member of Congress, an officer or employee of Congress or an
employee ora 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 LOCAL AGENCY shall require that the language of this certificetion 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.
(18) To regulate parking and traffic in accordance ~/ith the approved project report.
(19) To regulate encroachments On public fight-of-way in accordance with current Illinois Compiled Statutes.
(20) T6 regulate the discharge of sanitahJ sewage into any storm water drainage system cons[ructed with this improvement in
accordance with current Illinois Compiled Statutes.
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 camplianca with Titles II and Itl 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 constru~0n 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 LOCALAGENCY for the Federal and/or State share on the basis of periodic billings, ~rovide'd said billings
contain sufficient cost information and show evidence of payment by the LOCAL AGENCY.
(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.
I Local Agency I Section
Mount P['ospect (V) 00-00137-00-BT
Page 3
IL 494-0327 BLR 4251 (Rev. 4/20001
T IS MUTUALLY AGREED:
(1) That this agreement and the covenants contained herein shall become null and void in the event that the FHVVA 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.
(2) ' This Agreement shall be binding upon the parties, their successors and assigns.
(3) It is the policy of the U.S. Department of Transportation that Minority Business Enterprises, as defined in 49 CFR Part 23, shall
have the maximum opportunity to participate in the performance of contracts financed ir~ whole or in part with Federal funds
under this Agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agrsement.
The STATE/LA agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum
opportunity to participate in the performance of this Agreement. In this regard the STATE/LA shall take all necessary and
reasonable steps, in accordance with 49 CFR Part 23, to ensure that minority business enterprises have the maximum
opportunity to compete for and perform portions of contracts and subcontracts financed in part with Federal funds provided under
this Agreement. The STATE/LA shall not discriminate on the basis of race, color, national origin or sex in the selection and
retention of COntractor or subcontractors including proCurement of materials and leases of equipment.
The LA shall include the provisions of this 'Policy" in every contract, including procurement of materials and leases of equipment.
Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and may result in termination of
the Agreement or such remedy, as deemed appropriate.
(4) This Agreement shall be administered under the provisions of the STATE's federally approved Disadvantaged Business
Enterprise Pregrem.
(5) In cases where the STATE is reimbursing the LOCAL AGENCY, obligations of the STATE shall cease immediately without penaity
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.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1 Location Map
(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 ~orth in this Agreement
and all addenda indicated above.
APPROVED APPROVED
State of Illinois
Name Gerald FertCy Department o~.'~ransportation
T[fie Ma~or ,/~ . ' //'"~/~ 'By
Co Chairperson/MayorA~ill presi ' C. ~ · . Director of Highways
Date
NOTE: If signature~by an APPOINTED official, a resolution authorizing said appointed o~cial to execute this agreem~ntis
required,
Local Agency Section
Mount Prospect (V) 00-00137-00-LT
S:\Gen\Wp2~Tn~ rosp tj t~mt. doc
Page 4
IL 494-0327 BLR 4251 (Rev, 4/2000)
STREET LiGHTiNG
C - 01'215-00 ~
R11E
. ~.~ STA. 12+373.0
( ILL.RTE. 83)
'INS ~
· 676 (ILL, RTE. 58)
kOCA'I'ION. ~A¢
SCALE: 1 IVl = 6000 M
c:.c,r~c,~ I I:'I,J~TH OF IMPROVEMENT: 1,898 KM
Municipality -' ~ Name
IVillage of Mount Prosoect ! L ~f~)'~lllinoisDeP~.~ KAM Engineering, Inc.
'County [O ~.,/of Transportation C Address
Cook C 0 707A Davis Road
' Townsh a A Construction Engineering N
L Services Agreement S City
For U Elgin
Section 00-00137-00-LT A FederaIParticipation L State
G T Illinois
E (Type of Funding) A Zip Code
Project No, F-0344(024) N N
C STP T 60123-1369
Existing
Job No. C-91-215-00 Y I Structure No. N/A
THIS AGREEMENT is made and entered into this day of , 19 between the above Local
Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with
the construction of the above SECTI ON. Federal-aid Funds allotted to the LA by the State of Illinois under the general
supervision ot the State Department"of Transportation, hereinafter called the "STATE", will be used enti rely or r~ part
to finance ENGINEERING services as described under AGREEMENT PROVISIONS,
WHEREVER tN THIS AGREEMENT the following terms are used. they shall be interpreted to mean:
District Engineer District Engineer. Department bf Transoortation
Resident Engmeer LA employee directly responsible for construction of SECTION
Contractor Corn 3any or Companies to which the construction contract was awarded
Project Description
I--inois Route 83 ~Elmhurst _R~oute ,--AP 344 Lengm 1.9
Name
,V
- Termini ~iorth of EL Route 58 [Golf Rd. ~o south of Prosaect Ave.
Descriotion:
Street Lighting gonstruction
Agreement Provisions
The Engineer Agrees,
1. To perform or be responsible for the performance of the following engineering ser~vices for the LA, in connection
with the proposed improvement hereinbefore described, and checked below:
a.( Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for Con-
,crete Proportioning and Testing~ issued by the Bureau of Materials.and Physical Research, of the STATE
and promptly submit reports on forms prepared by said Bureau.
b.( Proportioning and testing of bituminous mixtures (including extraction test) in accordance with the
"Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and
Physical Research, of the STATE; and promptly submit reports on forms prepared by said Bureau.
c.( All compaction tests as required by the specifications and report promptly the same on forms prepared
by the Bureau of Materials and Physical Research.
d.( Quality and sieve analyses on local aggregates to see that they comply with the specifications contained
in the contract.
e.( X Inspection of all materials when inspection is not provided at the sources by the Bureau of Materials and
Physical Research, of the STATE, and submit inspection reports to the LA and the STATE in accordance
with the policies of the said STATE.
I~t R ~%52 (Rev, 11/89)
f.( × ) Inspect, document, and inform the resident engineer of the adequacy of the establishment and mainte-
nance of the traffic control,
g,(X ) Geometric control including all construction staking and construction layouts,
h,(X ) Quality control in the construction work in progress and the enforcement of the contract prowsmns in ac-
cordance with the STATE Construction Manual,
t.( X ) Measurement and computatlbn of payltems,
J.( X ) Maintain a daily record of the con~:t~'activities throughout construction including sufficient informa-
tion to permit verification of the nature and cost of changes in plans and authorized extra work.
k,( X ) Preparation and submission to the LA in the re(~uired form and number of copies, all partial and final pay-
ment estimates, change orders, records, documentation, and reports required by the LA and the STATE,
I.(X ) Revision of contract drawings to reflect as built conditions.
2. Engineering services shall include ail equipment, instruments, supplies, transoortation and personnel required
to perform the duties of th~ ENGINEER in connection with the AGREEMENT.
3. To furnish the services as required herein within twenty-four hours of notification dy me RESIDENT ENGINEER
or authorized representative.
To attend conferences and visit the site of the work at any reasonable ume wnen rec ~ested to ~0 so by the LA or
~eoresentatives of the STATE.
5, That none of the services to be furnished by the ENGINEER shall be SUE)let. assigned, or transferred to any other
party or parties wlmout the written consent of the LA. The consent to SuBlet. assign or otherwise transfer any
oort~on of the services to De furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any
resoonsibiiit¥ for the fulfillment of this AGREEME ',IT.
That payment by the LA shall De as hereinafter orovided. The ENGINEER shall submit invoices. 13ased on his
progressreoorts, to the RESIDENT ENGINEER no more man once a month for oartial payment on account for ms
WOrK completed to date Such nvo~ces shall reoresent the value, to the LA of the 2artiaily completed worK,
based on the sum of the actual costs incurred olus a oercemage ~,equai to tne oercentage of the construction en-
gineering completed) of the fixed fee for the fully como~eteo worK.
-'.That the engineer ~s qualified techmcally and is entirely conversant wire the design standards and oolicies aD-
olicable to imorovement of the SECTION: and that ne nas sufficient Drooerly trained, organized and ex3enenceo
personnel to oerform the services enumerated herein.
8. That the ENGINEER shall be resoonsible 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 his error, omission or negligent act,
the ENGINEER shall indemnify the LA and its em 2toyees from all accrued claims or liability and assume all resti-
tution and repair costs arising from such negligence. He shall give immediate attention to any remedial changes
so there will De minimal delay to the contractor and orepare such data as necessary to effectuate corrections in
consultation with and without further comoensation from the LA
9. That the ENGINEER will comply with applicable Federal Statutes, State of Illinois Statutes, and local laws or ordi-
nonces of the LA.
BLR 4352 (Rev t t/89)
(Sheet 2 of 7)
The Engineer Further Agrees,
to comply with all applicable Equal Em. ployment and Nondiscrimination Acts, Executive Orders, and Regulations re~
qu~red by the U.S. Department of TransPortation (DOT) including:
a. 23 USC 710.405(b), Nondiscrimination on Basis of Sex in Right-of-Way Acquisition.
b. 42 USC 2000d-1, Title VI of the Civil Rights Act of 1964 [Nondiscrimination on Basis of Race, Color, or Nation-
al Origin).
c. 49 CFR 21. Nondiscrimination in DOT Programs.
d. 49 CFR 23, Participation by MBE's in DOT Programs.
It is the policy of the U.S. Department of Transportation that Minority Business Enterprises, as define~c~ in 49
CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts/agreements
financed in whole or in ;)art with Federal funds under this AGREEMENT,
The ENGINEER agrees To ensure that minority business enterprises, as defined in 49 CFR Part 23, have ti-e
maximum opportunity to participate in the performance of this AGREEMENT. in this regard the ENGINEER
shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, to ensure that minority busi-
ness ~nterprises have the maximum opportunity to compete for and perform portions of this AGREEMENT.
The ENGINEER shalt not discriminate on the basis of race. color, national origin, or sex in the selection and
retention of subcontractors including procurement of materials and leEses of equipment, -
The ENGINEER shall include the orows~ons of this "Policy" m every subcontract, including orocurement of
ma[ena~s and teases of eou~omenL
Failure to carw ou.t the reouirements set forth above shall conshtute a breach-of this AGREEMENT ano may
result m termination of the AGREEMENT or such remedy as deemed aooroeriate.
= ~.o, ¢~FR ~7, Nondiscrimination on Basis of HandicaP.
· The LA Agrees,
To furnish a RESIDENT ENGINEER to be in responsible charge of general supervision of the construction.
2. To furnish the necessary plans and specifications.
3.To notify the ENGINEER at ;east twenty-four hours in advance of the need for personnel or services.
4. That for the performance by the ENGINEER of the services set forth above, the LA shall pay the ENGINEER on
the following bas~s of payment:
Amount of Basic Fee. The ENGINEER shall receive, as full payment for completing all work required of him under
this AGREEMENT, a basic fee, consisting of payment for the items shown in Section 4 ('a), (b), (c) and (d) hereof.
a. The ENGINEER shall be reimbursed for his actual costs related to the salaries of his employees for the time
directly attributable and properly chargeable to the SECTION under the terms of this AGREEMENT, including
salaries of principals of the ENGINEER for time they are productively engaged in work necessary to fulfill the
terms of this AGREEMENT. A tabulation showing the present regular hourly salary range for each class of em-
ployee expected to work on this SECTION is as follows:
Hourly Rate Range
Classification From To
Principal Engineer 60.00 6fl_ Ofl
Engineer 24.00 34.00
Chief of Party 22.00 36.00
Instrument Man ].8.00 21.00 .
Rodman 1 f~ flfl . '~_l. ,.ttf~
Inspectors 22.~8 '~? nn
Clerical ]3 f~0 72, ¢1~
BLR 4352 (Rev. 11/89)
fRh~et 3 of 7)
The claeslflcatlons of the employees used in the work should be consistent with the employee classifications
and estimated manhours shown in EXHIBIT A. If the personnel of the firm, including the Principal Engineer,
perfornl routine services that should normally be performed by lesser-salaried personnel, the wage rate billed
for such services shall be commensurate with the work performed.
In the event that additional classes of employee~ must be utilized orif salary adjustments are made. the above
data may be modified by agreement between the ENGINEER and the LA.
Costs related to salaries shall include actual withholdings and contributions by either the employee or the
ENGINEER for the approved payroll burden items set forth in Exhibit A of this AGREEMENT.
b; The ENGINEER shall be reimbursed for his direct non-salary costs which are directly attributable and properly
allocable to the Project. * ...... ~..,.,-'"2~ ~..-- =' .....r:c-.,,~..,...-. ~ .;. ;--..' ',- ~,~
(1) Direct non-salary coats paid by the ENGINEER may ~lso include in-plant and travel expenses. Trave'i'ex-
penses within the State of Illinois only that are necessary to fulfill the terms of this AGREEMENT, may be
directly charged to. the SECTION. Reimbursable travel expenses shall include the-reasonable cost of
meals, lodging, incidental expenses, and transportation for regular employees and principals of the ENGI-
NEER only while away from their regular place of duty and directly engaged on the SECTION. Travel ex-
penses may be based on actual costs, or on an agreed per diem or mileage basis, or on a combination of
the two, provided the resulting charge is reasonable. The ENGINEER will not be required to submit re-
ceipts for reimbursement of in-plant and travel expenses, but will be required to submit a detailed listing
of such actual exoenses certified by him to be direct SECTION costs that are not included in overhead,
(2) The withholding p~ovisions contained in Section 5a and 5b of this AG REEMENT shall not apply to costs
enumerated in Section 4b above.
c. The ENGINEER shall be reimbursed for his actual overhead or indirect costs to the extent that they are proper~
iy allocable to the SECTION. Such costs shall be established in accord with sound accounting principles and
business practices Such costs are included in the overhead and expense rate set forth in EXHIBIT A of this
AGREEMENT. The rate shown in EXHIBIT A is provisional for use in computing partiaf payments. Upon com-
pletion of the SECTION, final payment for indirect costs will be determined by audit of the ENGINEER'S ac-
counts to establish the actual indirect costs incurred during the period of this AGREEMENT which are proper-
ly allocable to it.
d. The ENGINEER shall be paid a fixed fee (lump sum) of $ 6~070.00 to cover profit only. The maximum tots!
amount payable, including actual costs, fixed fee, and contingencies, shall not exceed $ 50~598.00 .
-unless there is a substantial change in the scope, complexity, or character of the work, or there is a substantial
overrun in the time necessary for the ENGINEER to complete the work due to causes beyond his control.
Under these circumstances, adjustments in total compensation to the ENGINEER shall be determined
through negotiation between the parties of this AGREEMENT and concurred in by the STATE.
5. Partial Payments. The LA, for and in consideration of the rendering of the engineering services enumerated
herein, agrees to pay to the ENGINEER for ren(;Jering such services the basic fee hereinafter establisheci in the
following manner:
a. For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the ap-
proval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGI-
NEER, such payments to be equal to 90% of the value of the partially completed work (See Section 6 of THE
ENGINEER AGREES) 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 ap-
proval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGI-
NEER, such payments to be equal to 95% of the value of the partially completed work (See Section 6 of THE
ENGINEER AGREES) minus all previous partial payments made to the ENGINEER.
c. Final Payment - Upon approval by the LA but not later than 60 days after the work is completed and all final
measurements and reports have been made and accepted by the LA, 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 ENGI-
NEER under Section 5a and 5b of this AGREEMENT shall be due and payable to the ENGINEER.
It is Mutually Agreed
1. That the ENGINEER and his subcontractors will maintain all books, documents, papers, accounting records.and
other ev dence pertaining to cost incurred and to make such mater als available at their respective offices at all
reasonable times during the A'GREEMENT period and for three years from the date of fna 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.
BLR 4352 (Rev ~ ~ '89)
2.'That all services are to De furnished as required by construction progress and as determined by the RESIDENT
ENGINEER, 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 al 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 his possession and any such loss or
damage shall be restored at his expense.
4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at his last known post
office 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 ser-
vices which have been i'endered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee
stipulated in Section 4d of THE LA AGREES 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.
7. That the ENGINEER has not been retained or compensated to provide design and construction review services
relating to the contractor's safety c recautions, except as provided in Section 1 f of the ENGINEER AGREES.
Successors and Assigns
That ~ne LA and me ENGINEER ~;nd ~hemseives, their successors, executors, administrators, and assigns to the
. other '~arty of this AGREEMENT. aha To ina successors, executors, administrators, and assigns of such other party
m respect to all covenants of this AGREEMENT.
Executed by the LA:
Villagr~ r~f Mmm'h Prr~c?~C~- ofthe
(Municipality/Township/County)
State of illinois, acting by and
(SEAL)
Federal-Aid Project F-034~ ( 024
Certification of Engineer
I hereby certify that I am the '""~'. Pres ] den'c and duly authorized representative
of the flrm of KAN Enqinee~'ine~ [nC.,whoseaddressis 707A Davis RO~d~ E19~n~ ~ 60123-1369 ,
and that.nelthe-r, Ln.°[~th,,e-a-bov-e.~[F~!.he~.ret.n..r.ep~..,en.t.ha.s~.. ,.~.~ *~ .,5 ~.~,..- . ,~. ~... ~ '-
. (a) :empl_oyed~o~,,retall~ed ',t'oc~a;~ommlsslon~er;centage~bmkerage, contingent fee, or other considerations,
any.firm or pemon;~other than a. bona. fide..em ployee working solely for.me or the.above ENGINEER) to solicit
orsecurethtsAGREEMENT,~.?,,~,r. :..-- .c .~¢.~ m,~d.:: --.~AF: ,
(b) agreed, as an express.or Implied condition for obtaining this AGREEMENT, to employ or retain ~he services
of any firm or person In connection with carrying out the AGREEMENT, oi"
(c) .paid, or agreed to pay to any firm, organization or person (other than a bona fide employee working solely
rot me or the above ENGINEER) any fee. contribution, donation, or consideration of any kind for, or in con-
nection with, procuring or carrying out the AGREEMENT,
In addition, I and the firm I herein represent:
(d) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily exclud-
ed from covered transactions by any Federal department or agency;
(e) 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 ora criminal offense in connection with obtaining, attempt-
ing to obtain or performing a public (Federal, State or local) transaction or contract under a public transac-
tion: 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 governmental entity (Federal.
State or local) with commission of any of the offenses enumerated in paragraph (e) of this certification;
(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;
Where the ENGINEER is unable to certify to any of the statements in this certification, such ENGINEER shall attach
an explanation to this AGREEMENT.
I acknowledge that this certificate is to be furnished to the LA and the STATE, in connection with this AGREEMENT
involving participation of Federal-aid highway funds, and is subject to appiicabie State and Federal laws. both crimi-
ha! .~nd civil.
Certification of LA
1 hereby certify that l am the ~~ ~1~ T of ~U~ ~--~
and that the above ENGINEER or his representative has not been required directly or indirectly as an express or im-
plied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any
kind;
except as herein expressly states (if any);
I acknp~edge that this certificate is to be furnished to the STATE, in connection with this AGREEMENT involving
pa~t on of Federal-aid highway fund~nd is subject to applicabl~tate and Federal laws, both criminal and
civ' ~--_: .... "
~ ¢ ¢~ ate ~~~'~~Si nature)
KAM Engineering, Inc. IL Route 83
707A Davis Road Project # F-0344(024)
Elgin, IL 60123-1369 Job No. C-91-215-00
Village of Mt. Prospect
February 1, 2001 Cook County
KEI Ref. # 281
PROJECTSCHEDULE
Anticipated start date: April 1,2001
Anticipated completion date: October 1, 2001
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT entered into this _ day of 4~ A.D.
~00!., by and between the STATE OF ILLINOIS, acting by and through its DEPff~RTMENT
OF TRANSPORTATION, hereinafter called the STATE, and the Village of Mount Prospect,
County of Cook, of the State of Illinois, hereinafter called the VILLAGE.
WITNESSETH:
WHEREAS, the STATE and the VILLAGE, in order to facilitate the free flow of traffic
and ensure safety to the motoring public, had entered into an Agreement dated July 25, 1998 for
the improvement of approximately 3,979 meters (13,054 lineal feet) of Illinois Route 83
(Elmhurst Road) (FAP Route 344, State Section: (N-7-A & 3025)RS-1 & N-7-5-BR, State Job
No.: C91-228-94, State Contract: 82938; AND
WHEREAS, while the improvement was under construction it was found that drain valve
vaults and manual air release valves must be constructed along with valve vault, valve box, B-
box adjustments, and new fxames & lids; AND
WHEREAS, the VILLAGE has asked that the STATE's contractor do this work at no
cost to the STATE; AND
WHEREAS, the STATE has agreed to the VILLAGE's request and will include this
work as part of the STATE's improvement;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
I. That Page 3A be revised to. read as attached and incorporated herein as referenced.
2. Upon completion of the extra work as indicated above, the VILLAGE will maintain or cause
to be maintained the drain valve vaults, manual air release valves, valve vaults, valve boxes,
B-boxes, and frames & lids in their entirety.
. It is mutually agreed by and between the parties hereto that all covenants contained in the
ORIGINAL AGREEMENT executed on July 25, 1998, which are not in conflict with this
SUPPLEMENTAL AGREEMENT, shall remain in full force and effect.
THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto,
their successors and assigns.
Vflfl~ge of Mount Erost~c~//
Village'Clerk
(SE~)
STATE OF ILL~OIS
DEP~TMENT OF T~SPORTATION
By
Director of Highways
Date:
-2-
PAGE 3A (1 OF 3)
ESTIMATE OF COST AND PARTICIPATION
FEDERAL STATE VILLAGE
TYPE OF WORK COST % COST % COST % TOTAL
All RoadwayWork $ 2,167,520 80% $ 541,880 20% $ N/A $ 2,709,400
P&C Engineering $ 325,128 80% $ 81,282 20% $ N/A $ 406,410
(15%)
TRAFFIC SIGNAL MODERNIZATION
IL 83 at IL 58 $ 80,000 80% $ 20,000 20% $ N/A $ 100,000
P&C Engineering $ 12,000 80% $ 3,000 20% $ N/A $ 15,000
(15%)
IL 83 at Huntington $ 40,000 80% $ 6,650 13.3% $ 3,350 6.7% $ 50,000
Commons Road
P&C Engineering $ 6,000 80% $ 998 13.3% $ 502 6.7% $ 7,500
(15%)
IL 83 at Dempster $ 40,000 80% $ 10,000 20% $ N/A $ 50,000
P&C Engineering $ 6,000 80% $ 1,500 20% $ N/A $ 7,500
(15%)
IL 83 at IL 62 $ 80,000 80% $ 20,000 20% $ N/A $ 100,000
P&C Engineering $ I2,000 80% $ 3,000 20% $ N/A $ 15,000
(15%)
PAGE 3A (2 OF 3)
ESTIMATE OF COST AND PARTICIPATION
FEDERAL STATE VILLAGE
TYPE OF WORK COST % COST % COST % TOTAL
IL 83 at Oak-ton $ 40,000 80% $ 10,000 20% $ N/A $ 50,000
P&C Engineering $ 6,000 80% $ 1,500 20% $ N/A $ 7,500
(15%)
Emergency Vehicle $ N/A $ N/A $ 5,000 100% $ 5,000
Pre-Emption
Relocation
P&C Engineering $ N/A $ N/A $ 750 100% $ 750
(15%)
OTHER WORK
Bridge Repair $ 93,200 80% $ 23,300 20% $ N/A $ 116,500
P&C Engineering $ 13,980 80% $ 3,495 20% $ N/A $ 17,475
(15%)
Manhole Adj. $ N/A $ N/A $ 5,800 100% $ 5,800
Const. Engineering $ N/A $ N/A $ 580 100% $ 580
(10%)
Drain Valve Vanlts $ N/A $ N/A $ 19,920 100% $ 19,920
Const. Engineering $ N/A $ N/A $ 1,992 100% $ 1,992
0.0%)
Manual Air Release $ N/A $ N/A $ 15,960 100% $ 15,960
Valves
Const. Engineering $ N/A $ N/A $ 1,596 100% $ 1,596
(10%)
Valve VaultAdj. $ N/A $ N/A $ 440 100% $ 440
Const. Engineering $ N/A $ N/A $ 44 100%. $ 44
(10%)
Valve BoxAdj. $ N/A $ N/A $ 400 100% $ 400
Const. Engineering $ N/A $ N/A $ 40 100% $ 40
(10%)
PAGE 3A (3 OF 3)
ESTIMATE OF COST AND PARTICIPATION
FEDERAL STATE VILLAGE
TYPE OF WORK COST % COST % COST % TOTAL
B-BoxAdj. $ N/A $ N/A $ 400 100% $ 400
Const. Engineering $ N/A $ N/A $ 40 100% $ 40
(10%)
Frames&Lids $ N/A $ N/A $ 7,200 100% $ 7,200
Const. Engineering $ N/A $ N/A $ 720 100% $ 720
(10%)
RightofWay $ N/A $ 75,000 100% $ N/A N/A $ 75,000
Total $ 2,921,828 $ 801,605 $ 64,734 $ 3,788,167
Note: The VILLAGE's participation shall be predicated on the percentages shown above for the
specified work. The VILLAGE cost shall be determined by multiplying the final
quantities times contract unit prices plus 10% for construction engineering and 5%
preliminary engineering.
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