1997-12RESOLUTION NO. 97- 12
A RESOLUTION APPROVING AN ENGINEERING AGREEMENT
TO PROVIDE PAVEMENT EVALUATION SERVICES
WHEREAS, the President and Board of trustees of the Village of
Buffalo Grove desire to cause the performance of an analysis of pavement
conditions and the preparation of a five -year pavement maintenance program
recommendation, and;
WHEREAS, the approval of an Agreement for Engineering Services is
required in order to proceed with these pavement evaluations;
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, that the
President and Village Clerk be, and they are hereby authorized and directed to
execute the Engineering Agreement with a subject denoted as, "Agreement for the
Engineering Study," which is attached hereto and made a part hereof.
AYES: 6 - Marienthal, Reid, Rubin.Braiman Hendricks Glover
NAYES: 0 - None
ABSENT: 0 - None
PASSED: April 7 1997
APPROVED: aril 7 1997
APP V
Village President
ATTEST:
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Village Clerk
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Infrastructure Management Services
AGREEMENT
FOR
ENGINEERING STUDY
MOTOR FUEL TAX FUNDS
VILLAGE OF BUFFALO GROVE, ILLINOIS
(01- 1734A00)
APRIL 2,1997
Submitted by:
IMS INFRASTRUCTURE MANAGEMENT SERVICES, INC.
3350 SALT CREED LANE, SUITE 117
ARLINGTON HE!GHTS, ILLINOIS 60005
847/506 -1500
FAX: 847/255 -2938
PI
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LEI
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MUNICIPALITY
L
NAME
Buffalo Grove
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IMS INFRASTRUCTURE
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A
AGREEMENT
FOR
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SERVICES, INC.
TOWNSHIP
ADDRESS
L
ENGINEERING
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3330 SALT CREEK LANE
A
STUDY
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SUITE 117
COUNTY
CITY
Cook
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ARLINGTON HEIGHTS
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MOTOR FUEL TAX FUNDS
A
N
SECTION
STATE
FS
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ILLINOIS GOODS
Y
THIS AGREEMENT is made and entered into this _ day of , 19_ by and between
the above Local Agency (LA) and the Consultant (Engineer) and covers certain professional
engineering services in connection with the Village of Buffalo Grove Pavement Management Program
which is an engineering study to enable the City to more nearly optimize return on investment of
pavement maintenance funds. Motor Fuel Tax Funds allotted to the LA by the State of Illinois under
the general supervision of the State Department of Transportation, hereinafter called the "DEPAR-
TMENT," will be used entirely or in part to finance ENGINEERING services as described under
AGREEMENT PROVISIONS.
AGREEMENT PROVISIONS
THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the following engineering services for the
LA, in connection with the proposed improvement hereinbefore described, and checked below
a. (X) To perform testing of all LA roads as discussed in Attachment "A" for approximately
1,820 lane blocks or test sections of roads designated by the LA in compliance with the
Department policy of the Illinois Department of Transportation. To conduct the
following operations:
1. Laser Road Surface Tester (RST) generated pavement inventory
2. Environmental study
3. RST Surface Condition Survey
4. Dynamic deflection testing
5. Pavement Management Reports
b. (X) To complete phases 1 through 4 of the project to the satisfaction of the LA and
DEPARTMENT by June 30, 1997 (weather permitting). This date is based upon the
assumption that a notice -to- proceed will be issued prior to May 1, 1997. Phase 5's
completion will depend upon the LA approval of final pavement management reports.
2. That all data and test results furnished by the ENGINEER, pursuant to this AGREEMENT,
will be in accordance with current standards, specifications and policies of the DEPART-
MENT. It will be understood that all reports and test results shall, before being finally
accepted, be subject to approval by the LA and the DEPARTMENT.
' Agreement of Engineering Study
Page 2
' 3. To attend conferences at any reasonable time when requested to do so by a representative of
the LA or the DEPARTMENT.
4. In the event data or test results are found in error during review of the report, the ENGINEER
agrees that he will perform such corrections without expense to the LA, even though final
payment has been received by him. He shall give immediate attention to these changes so there
will be a minimum delay to the LA.
5. That all documents furnished by the ENGINEER pursuant to this AGREEMENT will be
endorsed by him and will show his professional seal where such is required by law.
Service Corporation, and further acknowledges that the corporate entity, as the part of this
'
6. To submit, upon request by the LA or the DEPARTMENT, a list of personnel and the
equipment proposed to fulfill the requirements of this AGREEMENT.
'
directors, or employees.
7. The ENGINEER agrees to hold harmless and indemnify the LA and each of its officers,
'
agents, and employees from any and all liability, claims, losses, or damages arising out of or
alleged to arise from negligence in the performance of the services under this AGREEMENT,
but not including liability that may be due to the sole negligence of the LA or other
'
consultants, contractors, or subcontractors working for the LA, or their officers, agents, and
employees.
The LA agrees to hold harmless and indemnify the ENGINEER, and each of their of officers,
'
agents, and /or employees from any and all liability claims, losses, or damages arising out of or
alleged to arise from negligence in the performance of the services under this AGREEMENT
'
that may be due to the sole negligence of the LA or other consultants, contractors, or
subcontractors working for the LA, or their officers, agents, and /or employees.
The LA acknowledges that the ENGINEER is a Business Corporation and not a Professional
Service Corporation, and further acknowledges that the corporate entity, as the part of this
AGREEMENT, expressly avoids contacting for individual responsibility of its officers,
'
directors, or employees.
The LA and ENGINEER agree that any claim made by either party arising out of any act of
'
the other party, or any officer, director, or employee of the other parry in the execution or
performance of the AGREEMENT, shall be made solely against the other party and not
individually or jointly against such officer, director, or employees.
'
8. For duration AGREEMENT,
the of the the ENGINEER shall procure and maintain insurance
for protection from claims under worker's compensation acts, claims for damages because of
'
bodily injury including personal injury, sickness, disease or death of any and all employees or
of any person other than such employees, and from claims or damage because of injury to or
destruction of property including loss of use resulting therefrom, alleged to arise from the
ENGINEERS negligence in the performance of service under the AGREEMENT. The LA
shall be named as an additional insured on the ENGINEER'S general liability insurance policy.
The limits of the liability for insurance are as follows:
'
a. Standard Workmen's Compensation Statutory in conformance with
and Employer's Liability including the compensation laws of the
' Agreement of Engineering Study
Page 3
' Occupational Disease Coverage
State of Illinois
b. Comprehensive General Liability
$1 million each person;
Insurance
$1 million each occurrence
Aggregate
$2 million **
c. Comprehensive Automobile Liability
$1 million each person;
'
Insurance
$1 million each occurrence
d. Umbrella Liability Coverage
$4 million"
e. Professional Liability
$0.5 million each claim
** - for the term of testing operations
THE LA AGREES,
1. To pay the ENGINEER compensation for all services performed as stipulated in paragraphs
la, lb, 2, 3, 4, 5, 6, 7, 8 and Attachment "A" in accordance with the following unit price
schedule:
fContinuous Laser RST surface condition
survey, ( consists of the following
' investigations: crack, texture,
rutting, roughness, environment, and
inventory) $15 /test section
tDeflection testing $10 /test
' Pavement Management Report complete with
instruction and training $4,500
' Based on an estimated 1,820 test sections, the ENGINEER will perform the proposed testing
and Pavement Management Program Report for a total cost of $50,000 (see Attachment A ").
' 2. To pay for any additional services at actual cost of performing such work plus 130 percent
to cover profit, overhead, and readiness to serve — "actual cost" being defined as material cost
plus payrolls, insurance, social security and retirement deductions. Traveling and other out -of-
pocket expenses will be reimbursed to the ENGINEER at his actual cost.
' For any work paid for other than by unit price, the classification
of the employees used in the
' work should be consistent with the employee classifications for the services performed. If the
personnel of the firm, including the Principal Engineer, perform 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.
3. That, payments due the ENGINEER for services rendered in accordance with this AGREE-
MENT will be made as soon as practicable after the services have been performed, in
accordance with the following schedule:
' Agreement of Engineering Study
Page 4
a. Completion of the Surface Condition Survey 30%
b. Completion of deflection testing 30%
' c. Upon delivery of Preliminary Reports 25%
d. Upon delivery of Final Reports Balance
4. That should the im p rovement be abandoned at anytime after the ENGINEER has performed
' any part of the services provided for in paragraph 1 and 2, and prior to the completion of such
services, the LA shall reimburse the ENGINEER for the percentage of the work completed up
to the time he is notified in writing of such abandonment.
5. That, should the LA require changes, except for those required pursuant to paragraph 4 of
THE ENGINEER AGREES, after they have been approved by the DEPARTMENT, the LA
will pay the ENGINEER for such changes on the basis of actual cost plus 130 percent to
cover profit, overhead, and readiness to serve — "actual cost" being defined as in paragraph 2
above. It is understood that "changes" as used in this paragraph shall in no way relieve the
ENGINEER of his responsibility to prepare complete and adequate tests and data.
6. To supply the DEPARTMENT with two (2) copies of the Pavement Management Report
generated by the Pavement Management Software Program.
7. To provide the following:
a. Project limits and road maps for performing the various data collection operations.
b. Staff review of reports and provision of comments
c. Traffic data
IT IS MUTUALLY AGREED,
1. That any difference 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.
2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the
ENGINEER at his last known post office address. Upon such termination, the ENGINEER
shall cause to be delivered to the LA all data, if any, from pavement studies with the
understanding that all such material becomes the property of the LA. The ENGINEER shall be
paid for any services completed and any services partially completed in accordance with
Section 3 of THE LA AGREES.
3. That the ENGINEER warrants that he /she has not employed or retained any company or
person, other than a bona fide employee working solely for the ENGINEER, to solicit or
secure this contract, and that he /she has not paid or agreed to pay any company or person,
other than a bona fide employee working solely for the ENGINEER, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from
Agreement of Engineering Study
Page 5
the award or making of this contract. For breach or violation of this warranty, the LA shall
have the right to annul this contract without liability.
4. That the "Special Provision for Fair Employment Practices" appended to this agreement as
Attachment "B" is incorporated as an article of this agreement.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in quadruplicate
counterparts, each of which shall be considered as an original by their duly authorized officers.
Executed by the LA:
ATTEST
By 2i4
Clerk
(SEAL)
Village of Buffalo Grove
State of Illinois, acting by and through its
By: &-wJ L6—Aml
Title: V11196 E (a
Executed by the ENGINEER:
IMS INFRASTRUCTURE MANAGEMENT SERVICES, INC.
3350 Salt Creek Lane, Suite 117
ATTEST Arlington Heig , Illinois 60005
1
By By
Bruce fy Johnson Dominick J. Gatto, PE
Title: Vice President Title: President
CERTIFICATION OF ENGINEER
The ENGINEER certifies that he /she and his/her principals have not been barred from signing this
AGREEMENT as a result of a violation of Section 33E -3 and 33E-4 of the Criminal Code of 1961
(Chapter 38 of the Illinois Revised Statutes).
1' 7
Date Signatur,;
David E. Butler, P.E.
Registered Professional Engineer
of Illinoisa, No. 062 -045226
ATTACHMENT "A"
PROPOSAL
1
1
! April 2, 1997
Mr. Dick Kuenkler
Village Engineer
Village of Buffalo Grove
Public Works Department
51 Raupp Road
Buffalo Grove, II. 60089 -2198
ImIaManagement Services
Services
RE: IMS's Pavement Management Services
Dear Mr. Kuenkler:
Thank you for the time you afforded me on March 17, 1997 to discuss pavement management and continuing
' IMS' pavement management services to the Village of Buffalo Grove. Pursuant to our discussion, I am
enclosing information on updating a pavement management program for the Village of Buffalo Grove as
discussed and requested. We believe that the IMS Pavement Management System will continue to meet and/or
exceed the Village's objectives for a pavement management system. It will also continue to serve the Village
well for optimizing the use of tax dollars in the maintenance and the rehabilitation of its street network.
There are a number of advantages that will accrue to the Village of Buffalo Grove by continuing to manage its
street system by using the IMS Pavement Management System. The advantages include the following:
' Continuous, objective, and accurate automated data collection.
• Timely data collection.
• Multi- sensor deflection analysis.
' Reports from a proven software.
• Ongoing optimization of available funds.
' IMS offers to undertake a complete network level pavement management program for the Village of Buffalo
Grove. The elements of this program and the costs are set out below.
1. SURFACE CONDITIONSURVEY
This survey will be completed using the video enhanced Laser Road Surface Tester (RST). Using this
equipment, the Village will receive a continuous, objective, and accurate survey of the surface condition of the
street network. The surface condition survey is conducted continuously over the entire test section and is not
based on sample sections. The information gathered in this survey includes roughness, rut depth, cracking and
' texture. An environmental survey will also be undertaken at the time of the surface condition survey. A video
log is undertaken at the same time and is used by IMS for quality control purposes which is also available to
People Managing For Better Pavements
3350 Salt Creek Lane ■ Suite 117 ■ Arlington Heights, IL 60005 ■ Telephone (847) 506 -1500 ■ Fax (847) 255 -2938
1 Offices throughout the United States and Canada ■ 1- 800 -IMS -7110 ■ E -mail: dgattoCGimschi.com
Mr. Dick Kuenkler
Village Engineer
Village of Buffalo Grove
April 2, 1997
Page 2
the Village for a nominal fee. IMS will utilize your previous inventory in the survey process as practical and
appropriate. IMS will also include any new streets added into the Village's street network since our original
survey.
2. DEFLECTION TESTING
' Each test section surveyed by the Laser RST will receive at least one deflection test. This testing will be
carried out using the Dynaflect machine and the results of this testing will permit an analysis of the structural
capabilities of the existing street section. IMS utilizes all five sensors of the Dynaflect in its structural
analysis which provides valuable information on the capabilities of the pavement, base and sub -grade sections,
and the interaction between these sections.
' 3. PAVEMENT MANAGEMENT PROGRAM
All the data collected during the surface condition survey and the results of the Dynaflect testing will be placed
' on disk. This information will be run on the IMS suite of Pavement Management Programs and a report will
be prepared for your use as previously prepared for the Village. The entire data base for the Village of
Buffalo Grove will be stored by IMS for at least five years which will permit additional reports to be generated
' if conditions regarding traffic, budget, etc., change in the future.
At the time of field testing, IMS will discuss the unique conditions experienced in the Village of Buffalo Grove
with regard to pavement life and the rehabilitation strategies most commonly used. This information will be
used to individualize the suite of programs and reports for use in the Village of Buffalo Grove.
In generating a pavement management report, IMS will provide hard copy reports on up to three scenarios of
performance and/or budget levels. IMS will prepare a preliminary report which will be provided for the
Village's review with instruction on the interpretation of the data contained within the reports. A final report
' will be prepared with the necessary revisions after this review and presentation of the results can be made the
Village officials, if requested. When the final report is delivered, IMS can provide selected data from the final
report in an electronic format (i.e., dBASE format, ASCII, etc.), if requested. IMS will provide 3 copies of all
' the reports which will include some overview graphs and charts in order to explain the results and as many
copies of the management portion of the reports as necessary.
' 4. PROJECT SIZE
Based upon our discussion, the Village would like to consider network level testing which would be based
' upon block -to -block testing, lane block test sections with a 660 foot maximum length. IMS recommends two -
direction or multiple pass testing on the arterial/collector streets and single direction on the residential streets
or local streets as a minimum. This testing frequency is used routinely by IMS for many cities and villages
' and has been found to yield a database consistent with a network level pavement management analysis. IMS
estimates that the Village street network consists of approximately 1,820 test section based upon this
sectioning method. This estimate was based upon a Village map and using your previous inventory to identify
arterial/collector streets. Of the total 1,820, it estimated that approximately 710 test sections will result from
' Mr. Dick Kuenkler
Village Engineer
Village of Buffalo Grove
April 2, 1997
Page 3
' arterial/collector streets with two pass testing and the remaining 1,110 test sections were from residential and
other streets with single pass testing.
' During negotiations or a Pre - Implementation meeting, IMS will discuss with the Village the scenarios and
various alternatives in stationing frequency, the resultant levels of confidence in the data and costs. These
factors combined with the Village's rehabilitation philosophy will enable IMS to confirm a plan to maximize
' data collection efficiency and minimize costs to the Village, yet ensure that the resulting data base is consistent
with and effective comprehensive network level program.
' S PROJECT TIMING
The data collection phase of the project, including the surface condition, environmental and inventory surveys
' and deflection testing, will require about 4 weeks. Within 45 days of the completion of the testing, IMS is to
deliver the preliminary hard copy reports with instruction on the interpretation of data.
' 6. PROJECT COSTS
The costs involved in the pavement management services have been based on the number of test sections set
' out under the section "Project Size." The costs involved in field data collection include a full Laser RST
surface condition survey as described above, an environmental survey, and one deflection test for each lane
block evaluated by the Laser RST. The costs related to field data collection and reports are on the following
' fee schedule:
a. Costs
' Laser RST surface condition survey (consists
of the following investigations: rutting,
roughness, crack, texture, environment, and inventory) $15.00 /test section
' Deflection Testing $10.00 /test section
tHard Copy Reports (3 copies) $4,500.00
b. Summary Costs
RST Survey -
1,820 test sections @ $15.00 = $27,300.00
' Deflection Testing -
1,820 test sections @ $10.00 = $ 18,200.00
' Hard Copy Reports = $ 4.500.00
Total $50,000.00
The work would be undertaken at the above unit prices, and the Village of Buffalo Grove will pay only for
the actual number of tests evaluated and included in the final report.
' Mr. Dick Kuenkler
Village Engineer
Village of Buffalo Grove
' April 2, 1997
Page 4
7 PAYMENT
' Invoices will be submitted monthly for the amount of work completed. Payments are due within 30 days of
receipt of invoice.
' 8. PROJECT INITL42YONMEETING
IMS will schedule a meeting with Village staff to do the following:
' a. Review the streets to be include in the field investigation.
b. Review the time schedule of the various components of the project.
'
C. Discuss goals and objectives for the project.
d. Review traffic count requirement for use by the pavement management program
e. Review strategies and strategy sets to be considered by the pavement management program.
' f. Discuss any topic brought forth by the Village or IMS.
9. PROJECT TEAM
tUtilizing the IMS equipment and data bank is a staff of registered professional engineers and technicians with
years of experience in the evaluation of roadways and pavements throughout North America. The staff is
' headed by Dominick J. Gatto, P.E., President, who will coordinate the entire project and assure IMS's
corporate commitment for the proposed Work Plan.
' Bruce P. Johnson will serve as IMS's Project Manager. He will be responsible for the technical quality and
successful completion of the project within budget and on time. He will also be the principal liaison with the
Village's Project Coordinator.
David E. Butler, P.E. , Vice President of Engineering, will coordinate the data quality review, report
preparation, report revisions, and preparation and provision of maps. Dave is a recognized leader in the field
and is active on pavement management committees for ASTM and TRB.
Since experience at all levels of evaluation is essential, it should be noted that the field crews at IMS have
thousands of miles of experience to ensure that the field data is collected accurately and efficiently.
10. INFORMATIONAND SERVICES TO BE PROVIDED BY VILLAGE
IMS proposes these services based upon the provision of the following services and information by the Village:
a. Coordination and notification of all necessary departments and agencies of the testing operations.
b. Provide 3 sets of Village Maps to aid in data collection operations.
C. Observe data collection operations, optional to Village, but recommended.
d. Provide strategies for rehabilitation of streets and the cost to implement.
e. Attend project initiation meeting.
' Mr. Dick Kuenkler
Village Engineer
Village of Buffalo Grove
' April 2, 1997
Page 5
' f. Provide Village staff for report and data interpretation training.
11. GENERAL PROVISIONS
' 11.1 Equal Employment Opportunity
' IMS is an Equal Opportunity Employer and agrees not to discriminate against any employee (or applicant for
employment) because of race, religion, color, sex, or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation; and selection for training including
apprenticeship.
11.2 Non - Collusion Affidavit
IMS Infrastructure Management Services warrants that no member of the firm's ownership, management, or
staff has vested interest in any aspect, or department of the Village. IMS further warrants it has not employed
or retained any company or person, other than a bona fide employee working solely for IMS, to solicit or
secure any contract with the Village of Buffalo Grove, and that IMS has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for IMS, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of a
contract with the Village of Buffalo Grove.
■ 12. MFT Funding
' The Village of Buffalo Grove can utilize MFT funding for this project as used in the 1992 project if desired.
IMS can prepare all the necessary project documents including the Village resolution for submission to IDOT.
IMS and various agencies have had many similar projects approved for MFT funding.
The IMS Pavement Management System is based on over 20 years experience and practice in this field. The
' correlation of predictions has proven excellent over this time and the system is used in many cities throughout
the United States and Canada. The firm has brought together the best of pavement management programs
with state -of -the -art automated equipment for data collection.
' We are confident that the IMS Pavement Management Programs will provide you with the tool to permit your
effective planning and budgeting for the management of your street system. The services offered in this
' proposal will provide your department with an extensive data base on which sound engineering decisions can
be based. The results of those services will:
' - Provide a complete inventory of Buffalo Grove's street system.
Provide the condition of the street system on a block -by -block basis.
- Provide optimum solutions in terms of rehabilitation strategies required to bring your street
system to the service or performance level chosen by Village officials.
' - Provide a five -year program and budget for completing these solutions.
Mr. Dick Kuenkler
Village Engineer
Village of Buffalo Grove
' April 2, 1997
Page 6
' - Provide a five -year program based on the budget available if budget restrictions negate a
possibility for obtaining the desired service level. If this is the case, it will tell you where your
street system will be in terms of performance at the end of five years.
Thank you for the opportunity to provide this information to the Village of Buffalo Grove. We look forward
to be of continuing professional service to the Village. IMS will do everything possible to merit the confidence
' and trust you have shown in us. We are enthusiastic about continuing our relationship with the Village of
Buffalo Grove.
' If there are any questions or clarification required on the information provided, or if there is any assistance we
can provide in discussions or presentations involving Village officials, please contact meat 847 - 506 -1500 to
assist you.
' Very truly yours,
IMS INFRASTRUCTURE MANAGEMENT SERVICES, INC.
' Bruce P. J on
Vice Pres nt
' BPJ/bj
IRef 01- 8441A00
AT7 AGMENT "B"
SPECIAL PROVISION FO, R FAIR EMPLOYMENT PPR;CTICES
State of Illinois
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
EMPLOYMENT PRACTICES
In addition to all other labor requirements set forth in this proposal and in the Standard
Specifications for Road and Bridge Construction, adopted by the Department of Transportation, during
the performance of this contract, the contractor for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor ") agrees as follows:
SELECTION OF LABOR
The Contractor shall comply with all Illinois statutes pertaining to the selection of labor.
11. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the contractor agrees as follows:
(1) That it will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental
handicap or unfavorable discharge from military service, and further that it will examine all job
classifications to determine if minority persons or women are underutilized and will take
appropriate affirmative action to rectify any such underutilization.
(2) That, if it hires additional employees in order to perform this contract or any portion
hereof, it will determine the availability of minorities and women in the area(s) from which it
may reasonably recruit and it will hire for each job classification for which employees are hired
in such a way that minorities and women are not underutilized.
(3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it
will state that all applicants will be afforded equal opportunity without discrimination because
of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental
handicap or unfavorable discharge from military service.
(4) That it will send to each labor organization or representative of workers with which it has or
is bound by a collective bargaining or other agreement or understanding, a notice advising such
labor organization or representative of the contractor's obligations under the Illinois Human
Rights Act and the Department's Rules and Regulations. If any such labor organization or
representative fails or refuses to cooperate with the contractor in its efforts to comply with
such Act and Rules and Regulations, the contractor will promptly so notify the Illinois Department
of Human Rights and the contracting agency and will recruit employees from other sources when
necessary to fulfill its obligations thereunder.
(5) That it will submit reports as required by the Department of Human Rights Rules and
Regulations, furnish all relevant information as may from time to time be requested by the
Department or the contracting agency, and in all respects comply with the Illinois Human Rights
Act and the Department's Rules and Regulations.
(6) That it will permit access to all relevant books, records, accounts and work sites by
personnel of the contracting agency and the Illinois Department of Human Rights for purposes of
investigation to ascertain compliance with the Illinois Human Rights Act and the Department's
Rules and Regulations.
(7) That it will include verbatim or by reference the provisions of this clause in every
subcontract so that such provisions will be binding upon every such subcontractor. In the same
manner as with other provisions of this contract, the contractor will be liable for compliance
with applicable provisions of this clause by all its subcontractors; and further it will promptly
notify the contracting agency and the Illinois Department of Human Rights in the event any
subcontractor fails or refuses to comply therewith. In addition, the Contractor will not utilize
any Subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts
or subcontracts with the State of Illinois or any of its political subdivisions or municipal
corporations.
LR 120