2010-20RESOLUTION NO. 2010 - 20 .
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT FOR FEDERAL PARTICIPATION IN THE
CONSTRUCTION OF MAIN STREET (ILLINOIS ROUTE 22 TO
BUFFALO GROVE ROAD) STREET IMPROVEMENT
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and,
WHEREAS, the funding of construction and maintenance of a high quality transportation
system is most appropriately shared by several agencies of Federal, State and Local
Government; and,
WHEREAS, a Local Agency Agreement for Federal participation with the Illinois
Department of Transportation is a required prerequisite for receiving Federal Highway Funds for
the Main Street (Illinois Route 22 to Buffalo Grove Road) Street Improvement.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK COUNTIES,
ILLINOIS, as follows:
Section 1: The Agreement entitled "Local Agency Agreement for Federal
Participation" related to the Main Street (Illinois Route 22 to Buffalo Grove Road)
Street Improvement is hereby approved.
Section 2: The Village President is authorized and directed to execute the
Agreement. A copy of said Agreement is attached hereto and made a part
hereof.
AYES: 6 - Braiman, Glover, Berman, Trilling, Stone, Sussman
NAPES: 0 - None
ABSENT: 0 - None
PASSED: _ May 17 .2010
APPROVED: May 17 2010
APPROVED:
Village President
ATTEST:
GAENGINEEMOrd & Res \Res10 -5.doc
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 MAIN STREET
Termini Illinois Route 22 (FAP 337) to Buffalo Grove Road (FAU 2657)
Route FAU2666 Length
0.62 MILES
Current Jurisdiction LA Existing Structure No N/A
Project Description
RESURFACING
Division of Cost
Type of Work FHWA % STATE % LA % Total
Participating Construction 167,707 ( ) ( ) 68,574 ( BAL ) 236,281
Non - Participating Construction— ( ) ( ) 3,300 ( 100 ) 3,300
Preliminary Engineering ( ) ( ) ( )
Construction Engineering 20,681 ( ) ( ) 8,863 ( BAL ) 29,544
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
Matedals
TOTAL $ 188,388 $ $ 80,737 $ 269,125
*Maximun FHWA (ARU) participation 100% not to exceed $188,388.00
** Non - Participating Construction includes but is not limited to resurfacing items for parking spaces.
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 Pavments of
METHOD C - -LA's Share Balance
divided by estimated total cost multiplied by actual proqress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
printed on 6/9/2010 Page 1 of 4 BLR 05310 (03/23/10)
Local Age01V
State Contract
Day or
Local Contract
RR Force Account
hinds Department
`d of Transportation
Buffalo e
X
I
section
Fund Type
ITEP Number
Local Agency Agreement
for Federal Participation
09- 00096 -00 -RS
ARU
Construction
En-gin
enn
Ri ht -of -Wa
Job Number
Project Number
Job Number
Project Number
Job Number
Project Number
C -91- 126 -10
ARA- 9003(507)
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 MAIN STREET
Termini Illinois Route 22 (FAP 337) to Buffalo Grove Road (FAU 2657)
Route FAU2666 Length
0.62 MILES
Current Jurisdiction LA Existing Structure No N/A
Project Description
RESURFACING
Division of Cost
Type of Work FHWA % STATE % LA % Total
Participating Construction 167,707 ( ) ( ) 68,574 ( BAL ) 236,281
Non - Participating Construction— ( ) ( ) 3,300 ( 100 ) 3,300
Preliminary Engineering ( ) ( ) ( )
Construction Engineering 20,681 ( ) ( ) 8,863 ( BAL ) 29,544
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
Matedals
TOTAL $ 188,388 $ $ 80,737 $ 269,125
*Maximun FHWA (ARU) participation 100% not to exceed $188,388.00
** Non - Participating Construction includes but is not limited to resurfacing items for parking spaces.
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 Pavments of
METHOD C - -LA's Share Balance
divided by estimated total cost multiplied by actual proqress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
printed on 6/9/2010 Page 1 of 4 BLR 05310 (03/23/10)
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 It and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all
requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be
cooperatively determined by representatives of the LA, and STATE and the FHWA, if required.
(2) To provide for all utility adjustments, and to regulate the use of the right -of -way of this improvement by utilities, public and private,
in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
of the proposed improvement.
(4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied
by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required.
(5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that
portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
(7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to
verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and
the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to
provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this
section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for
which adequate books, records and supporting documentation are not available to support their purported disbursement.
(8) To provide if required, for the improvement of any railroad- highway grade crossing and rail crossing protection within the limits of
the proposed improvement.
(9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA.
(10) (State Contracts Only) That the method of payment designated on page one will be as follows:
Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum,
an amount equal to 80% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE
the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the
project based upon final costs.
Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified
amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the
provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including
any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.
Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the
LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total
cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until
the entire obligation incurred under this Agreement has been paid.
(11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services
necessary to construct the complete project.
(12) (Preliminary Engineering) In the event that right -of -way acquisition for, or actual construction of the project for which this
preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the
fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this
Agreement.
(13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right -of -way is not undertaken by the
close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any
Federal Funds received under the terms of this Agreement.
(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 [DOT District Bureau of
Local Roads and Streets office.
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
Printed on 5/18/2010 Page 2 of 4 BLR 05310 (03/23/10)
(15) And certifies to the best of its knowledge ar elief its officials:
(a) are not presently debarred, suspendecoposed for debarment, declared ineligible or Warily excluded from covered
transactions by any Federal department or agency;
(b) have not within a three -year period preceding this Agreement been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal,
State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen
property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with
commission of any of the offenses enumerated in item (b) of this certification; and
(d) have not within a three -year period preceding the Agreement had one or more public transactions (Federal, State, local)
terminated for cause or default.
(16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
(17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to
the responsible low bidder as determined by the STATE.
(18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of
any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of
a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions;
(c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties
(including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
(19) To regulate parking and traffic in accordance with the approved project report.
(20) To regulate encroachments on public right -of -way in accordance with current Illinois Compiled Statutes.
(21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with current Illinois Compiled Statutes.
(22) That the LA may invoice the STATE monthly for the FHWA and /or STATE share of the costs incurred for this phase of the
improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting
documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other
documentation supporting the requested reimbursement amount.
(23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of
the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000).
(24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all
applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date
of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the
improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed.
(25) (Single Audit Requirements) That if the LA receives $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 receive 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.
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 11 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:
Printed on 5/18/2010 Page 3 of 4 BLR 05310 (03/23/10)
(a) To reimburse the LA for the Federal r State share on the basis of periodic billing vided said billings contain sufficient
cost information and show evidence cyment by the LA; So
(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) 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.
(2) 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 seg.) unless the provisions of that Act exempt its
application.
ADDENDA
Additional information and /or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1 Location May
(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 addenda indicated above.
APPROVED
Local Agency
Elliott Hartstein
(Print or Type Name)
Village President
(County Board Chairperson /MayorNillage President/etc.)
2 f
(Signature) Date
The above signature certifies the agency's TIN number is
36- 2525051 conducting business as a Governmental
Entity
NOTE: If signature is by an APPOINTED official, a resolution
authorizing said appointed official to execute this agreement is
required.
(Delegate's Name - Printed)
L- '&-- � a It 0
Ann L. Schneider, Director of Finance and Administration DaT to
Printed on 5/18/2010 Page 4 of 4 BLR 05310 (03/23/10)
u
ADDENDUM #1
0
LOCATION MAP
0
VILLAGE OF BUFFALO GROVE
MAIN STREET. FAU 2666
Illinois Department of Transportation
2300 South Dirksen Parkway 1 Springfield, Illinois f 62764
July 27, 2010
Ms. Janet M. Sirabian
Village Clerk
50 Raupp Boulevard
Buffalo Grove, IL 60089
Subject: Village of Buffalo Grove
Section 09- 00096 -00 -RS
Project No. ARA- 9003(507)
Job No. C -91- 126 -10
Construction Engineering Agreement
Dear Ms. Sirabian:
The agreement for construction engineering services, with Baxter & Woodman,
Inc. in the amount of $29,544.00, was approved by the department effective
July 27, 2010 and authorized with the Federal Highway Administration on
June 22, 2010.
The village may authorize the consultant to proceed with the engineering work
called for in the agreement.
(NOTE: The construction engineering may not exceed 15% of the final
construction cost.)
Please note: This project utilizes American Recovery and Reinvestment Act
(ARRA) funds. Please find attached specific ARRA conditions that must be met.
Failure of your consultant to report employment or fully comply with any of the
ARRA requirements may jeopardize reimbursement of ARRA funds to your
agency.
Your file copy of the approved engineering agreement is attached. If you have
any questions please contact Jennifer Rhodes at Jennifer. Rhodes @illinois.gov.
Sincerely,
Darrell W. Lewis, P. E.
Acting Engineer of Local Roads and Streets
Attachment
cc: Richard Kuenkler, Municipal Engineer
Baxter & Woodman, Inc.
Diane O'Keefe Attn: Christopher Holt
Joanne Woodworth, Acting Attn: Project Control
Local Agency'
Consult
Village of Buffalo Grove (V)
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Iftiois De rtMent
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Baxter�oodman, Inc.
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of Transportation
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County
Address
Lake
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L
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Construction Engineering
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8678 Ridgefield Road
Section
09- 00096 -00 -RS
City
Crystal Lake
Project No.
State
ARA -9003 507
G
Services Agreement
T
Illinois
Zip Code
Job No.
E
For
A
C -91- 126 -10
N
Federal Participation
N
60012
Contact Name /Phone /E -mail Address
Contact Name /Phone /E -mail Address
Dick Kuenkler 847 - 459 -2523
C
T
Craig Mitchell, P.E. 815.459.1260
dkuenkle @vbg.org
Y
I cmitchell @baxterwoodman.com
THIS AGREEMENT is made and entered into this 0-07 7N day of / fii Y , 2!�P/o 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 the following terms are used, they shall be interpreted to mean:
Regional Engineer Regional Engineer, Department of Transportation
Resident Engineer LA Employee directly responsible for construction of the PROJECT
Contractor Company or Companies to which the construction contract was awarded
Name Main Street
Project Description
Route FAU 2666 Length 2,885 ft Structure No. N/A
Termini FAP 337 /I11inois Route 22 (Half Day Road) to FAU 2657 /Buffalo Grove Road
Description: The work included in this contract consists of the completion of pavement patching and resurfacing, curb removal and
replacement, sidewalk removal and replacement, pavement marking, structure adjustment, and other incidental and collateral work in
accordance with the Plans, Standard Specifications, and Special Provisions. ENGINEER's Job # 090803.60.
Agreement Provisions
I. THE ENGINEER AGREES,
To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT
hereinbefore described and checked below:
• a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality
Control /Quality Assurance (QC /QA) training documents or contract requirements and obtain samples and perform
testing as noted below.
• b. Proportion hot mix asphalt according to applicable STATE BMPR QC /QA training documents and obtain samples
and perform testing as noted below.
❑ c. For soils, to obtain samples and perform testing as noted below.
❑ d. For aggregates, to obtain samples and perform testing as noted below.
NOTE: For 1 a. through Id. 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.
® e 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 resident engineer of the adequacy of the establishment and maintenance of the
traffic control.
Page 1 of 7 BLR 05611 (Rev. 9/06)
Printed on 5/6/2010 11:17:36 AM
® h. Geometric control including all
W is
truction 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.
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 resident engineer or authorized
representative.
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 resident engineer, 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;
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.
Page 2 of 7 BLR 05611 (Rev. 9/06)
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11. To pay,' its subconsultants for satisfactory perforce no later than 30 days from receipt of eac ment 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.
II. THE LA AGREES,
1. 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 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 ® CPFF = 14.5 %[DL + R(DL) + OH(DL) + IHDC], or
❑ CPFF = 14.5 %[DL + R(DL) + 1.4(DL) + IHDC], or
❑ CPFF = 14.5 %[(2.3 + R)DL + IHDC]
Specific Rate
Lump Sum
Where: DL = Direct Labor
IHDC = In House Direct Costs
OH = Consultant Firm's Actual Overhead Factor
R = Complexity Factor
❑ (Pay per element)
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.).
Page 3 of 7 BLR 05611 (Rev. 9/06)
Printed on 5/6/2010 11:17:36 AM
III. It is Mutually Agreed, •
�J
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 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 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.
7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the
contractor's safety precautions, except as provided in numbered paragraph 1f of Section I.
8. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee
or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property
or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract
or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years.
For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty -five (25) or
more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific
performance under a contract or grant of $5,000 or more from the State, as defined in the Act.
The contractor /grantee certifies and. agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:
(A) abide by the terms of the statement; and
(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace
no later than five (5) days after such conviction.
(b) Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's or contractor's policy of maintaining a drug free workplace;
(3) any available drug counseling, rehabilitation and employee assistance program; and
Page 4 of 7 BLR 05611 (Rev. 9/06)
Printed on 5/6/2010 11:17:36 AM
(4) the penalties that maf imposed upon an employee for drug violation
(c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance
of the contract or grant and to post the statement in a prominent place in the workplace.
(d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of
paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation
program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is
required and indicating that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free
Workplace Act.
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.
Agreement Summary
Prime Consultant: TIN Number Agreement Amount
Baxter & Woodman, Inc. 36- 2845242 $26,786.00
Sub- Consultants:
TIN Number .
Agreement Amount
Soil and Material Consultants, Inc
36- 3094075
$2,758.00
Sub- Consultant Total:
$2,758.00
Prime Consultant Total:
$26,786.00
Total for all Work:
$29,544.00
Executed by the LA:
ATTEST:
�Ewp r
Village
(SEAL)
Executed by the ENGINEER:
ATTEST:
Title: Deputy Secretary
Page 5 of 7
Printed on 5/6/2010 11:17:36 AM
Clerk
Village of Buffalo Grove
(Municipality/Township/County)
r
tr "
Title: Village President
Baxter & Woodman, Inc.
8678 Ridgefield Road
Crystal Lake Illinois 60012
Y
Title: Vice President/COO
BLR 05611 (Rev. 9/06)
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Illinois Department
of Transportation
Prime Consultant
Name Baxter & Woodman, Inc.
Address
Telephone
TIN Number
Project Information
Local Agency
Section Number
Project Number
Job Number
Exhibit B
8678 Ridgefield Road, Crystal Lake, IL 60012
815.459.1260
36- 2845242
Villaoe of Buffalo Grove
09- 00096 -00 -RS
ARA- 9003(507)
C -91- 126 -10
0
Engineering Payment Report
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.
0/0
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 7 of 7 BLR 05611 (Rev. 9/06)
Printed on 5/6/2010 11:17:36 AM
VILLAGE BUFFALO GROVE, ILLINOIS
MAIN STREET LAPP IMPROVEMENTS
EXHIBIT C
BAXTER & WOODMAN, INC.
2010 SCHEDULE OF HOURLY WAGE RATES
AND OVERHEAD COSTS FOR PROFESSIONAL SERVICES
ILLINOIS DEPARTMENT OF TRANSPORTATION
EMPLOYEE CLASSIFICATION
Principal
Sr. Engineer V
Sr. Engineer IV
Sr. Engineer III
Sr. Engineer 11
Sr. Engineer I
Engineer III
Engineer II
Engineer I
Engineer Tech IV
Engineer Tech III
Engineer Tech II
Engineer Tech I
CAD Operator IV
CAD Operator III
CAD Operator II
CAD Operator I
Clerical
General and employee overhead is 147% of employee compensation.
Mileage Charges - As set by the U.S. Internal Revenue Service.
Traffic Counters - $50 /day.
Postage - At cost.
HOURLY WAGE RATES
$62 to $70
$52 to $61
$50 to $51
$46 to $49
$44 to $47
$40 to $45
$39 to $40
$34 to $38
$29 to $34
$52 to $53
$33 to $39
$24 to $29
$14 to $20
$38 to $46
$33 to $37
$28 to $31
$21 to $22
$22 to $28
B A X T E R
Wa--.'C
Revised 2010/3110, CEK _ •
I: \Crystal Lake \B &WFORMS \Engr Svc Agreements \ESA Standard & Rates \Rate Sheets, IDOT WOODMAN
E
MATERIAL CONSULTANTS,
Mr. Craig D. Mitchell, P.E.
Baxter & Woodman, Inc.
8678 Ridgefield Road
Crystal Lake, IL 60012
Dear Mr. Mitchell:
office: 1- 847- 870 -0544
fax: 1- 847 - 870 -0661
www .soiIandmaterialconsuItants.com
us @soilandmaterialconsuItants.com
September 18, 2009
Proposal No. 11,301
Re: Soil and Construction Material Testing
Main Street LAPP
MFT 09- 00096 -00 -RS
Buffalo Grove, Illinois
We are submitting for your consideration our proposal to provide soil and construction material
testing on a will -call basis initiated by your office or representative.
Attached are Schedule of Fees for the requested services. It is our understanding that this project is
going to be performed as part of the I.D.O.T QC /QA program. Therefore we propose to perform the
jobsite QA testing only. Note that hourly rates are inclusive of mileage and equipment charges.
Based on available information and our experience on similar projects, we estimate a charge of
$2,758.00 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. Should additional services be requested which are not included within the scope
of this proposal, they 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. Also include applicable
plans and specifications, if not already submitted.
Very truly yours,
SOIL AND M ERI L CONSULTANTS, INC.
Gordon J. McKav gh, P.E.
Director of Engin ring
GJM:ek
8 WEST COLLEGE DRIVE o ARLINGTON HEIGHTS, IL 60004
SOIL BORINGS c" SITE INVESTIGATIONS `' PAVEMENT INVESTIGATIONS r GEOTECHNICAL ENGINEERING
TESTING OF & SOIL ASPHALT � CONCRETE F, MORTAR "' STEEL
Proposal Accepted By: Client
7
Street,
Town �� ' ;`�i'. ? +��?
State ' <— Zip Code'
Phone(
Fax(
Signature
° v
1
Position
Printed Name,
l >U��I''
Date
8 WEST COLLEGE DRIVE o ARLINGTON HEIGHTS, IL 60004
SOIL BORINGS c" SITE INVESTIGATIONS `' PAVEMENT INVESTIGATIONS r GEOTECHNICAL ENGINEERING
TESTING OF & SOIL ASPHALT � CONCRETE F, MORTAR "' STEEL
Proposal No. 11,301 Page 2
Re: Main Street LAPP.
MFT 09- 00096 -00 -RS
Buffalo Grove, Illinois
SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES
BITUMINOUS CONCRETE
Est. Work Units Fee Cost
Field Testing
Technician with Nuclear Gauge 16 hours $ 80.00 /hour $. 1,280.00
(2 trips x 8 hrs. ea.) 300.00 /day min.
Laboratory Testing
Asphalt Content (ignition)
Unit Weight — cores
Engineering
Senior Engineer (P.E.)
- includes project administration,
field /laboratory engineering, mix
design review, consultation and
report review
2 each $ 160.00 each
8 each $ 10.00 each
2 hours $ 130.00 /hour
$ 320.00
$ 80.00
$ 260.00
Estimated Cost: $ 1,940.00
Item
Ton
Est. Contractor
Working days
20% QA Field
days
Bit. Conc. Surface N50 — Mix C
905
1
1
Bit. Conc. Leveling Pol
424
1
1
Class D Patches 6" & 3"
295
2
0
Total
1 4
2
Hourly Charges Are Portal To Portal Saturdays: Hourly Rate x 1.5
Effective 1 -1 -09 Sundays: Hourly Rate x 2.0
Proposal No. 11,301 Page 3
Re: Main Street LAPP.
MFT 09- 00096 -00 -RS
Buffalo Grove, Illinois
SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES
PORTLAND CEMENT CONCRETE
Est. Work Units . Fee Cost
Field Testing
Technician 6 hours $ 80.00 /hour $ 480.00
- includes slump, air and cylinders 300.00 /day min.
(1 trip)
Cylinder Pick -up 2 hours $ 80.00 /hour $ 160.00
Laboratory Testing
Cylinder Compressive Strength
Engineering
Senior Engineer (P.E.)
- includes project administration,
field /laboratory engineering, mix
design review, consultation and
report review
4 each $ 12.00 each
1 hours $ 130.00 /hour
$ 48.00
$ 130.00
Estimated Cost: $ 818.00
Item
Quantitv
CY
Est. Contractor
Working day
20% QA
Field
C Is.
Combined C& G
157 In.ft.
9
1
1
4
Sidewalk — 5"
170 sq.ft.
3
--
0
0
Total:
1
1
4
Hourly Charges Are Portal To Portal Saturdays: Hourly Rate x 1.5
Effective 1 -1 -09 Sundays: Hourly Rate x 2.0
Proposal No. 11,301 Page 4
Re: Main Street LAPP.
MFT 09- 00096 -00 -RS
Buffalo Grove, Illinois
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 8 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
service /material 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 shall in no way excuse such contractor, subcontractor or
other service /material 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 and testing, geotechnical reports, technical reports, submittals and estimates furnished to the
client or its agents pursuant to this agreement are not intended or represented to be suitable for reuse by the client or others on
extensions of this project or on any other project. Any reuse without SMC's written consent will be at user's sole risk and without .
liability or legal exposure to SMC. User shall indemnify and hold harmless SMC from all claims, damages, losses and expenses
including attorney's fees arising out of or resulting therefrom. To the maximum extent permitted bylaw, the Client agrees to limit
SMC liability for clients' damages to $100,000 or the fee, whichever is greater. 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.
ARRA EMAYMENT REPORTING REQUIREMEI10
MONTHLY EMPLOYMENT REPORT
In addition to any other reporting required by the contract the ENGINEER shall provide to the
STATE an employment summary for all employees working on the contract from the contract
execution date to the last full pay period each month for the duration of the contract. The report
may include but is not limited to:
a) A listing of the total number of employees.
b) The employee job classification.
c) The total hours worked and payroll for each employee.
The report shall be completed by the ENGINEER and contain information for the ENGINEER
and sub - consultants. Employee hours worked from home office or other off -site office hours
worked related directly to this contract shall be included. The report shall contain all hours
worked under the contract from the start of the month to the last full pay period each .month and
shall be submitted no later than 5 calendar days after the end of each month. The report shall
be submitted via (DOT's employment reporting website,
https:// economicstimulus .dot.illinois.gov.
The ENGINEER must have a DUNS number to enter employment information into the above
referenced website. A DUNS number may be obtained at the following web site,
http://www.dnb.com/US/duns update /. NOTE: The ENGINEER's address used in the
employment reporting website must exactly match the address used for the DUNS number
registration.
AMERICAN RECOVERY AND REINVESTMENT ACT PROVISIONS
Section 902 of the American Recovery and Reinvestment Act (ARRA) of 2009 requires that this
contract awarded using ARRA funds allow the U.S. Comptroller General and his representatives
with the authority to examine any records of the ENGINEER or any of its sub- consultants that
directly pertain to, and involve transactions relating to, the contract or subcontract; and to
interview any officer or employee of the ENGINEER or any of its sub - consultants. Accordingly,
the Comptroller General and his representatives shall have the authority and rights as provided
under Section 902 of the ARRA with respect to this contract, which is funded with funds made
available under the ARRA. Section 902 further states that nothing in this section shall be
interpreted to limit or restrict in any way any existing authority of the Comptroller General.
NOTIFICATION OF THE AUTHORITY OF THE INSPECTOR GENERAL
Section 1515(a) of the ARRA provides authority for any representatives of the Inspector General
to examine any records or interview any employee or officers working on this contract. The
ENGINEER is advised that representatives of the inspector general have the authority to
examine any record and interview any employee or officer of the ENGINEER, its sub - consultant
or other firms working on this contract. Section 1515(b) further provides that nothing in this
section shall be interpreted to limit or restrict in any way any existing authority of an inspector
general.