HomeMy WebLinkAbout01-183 Resolution No. 01-183
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR CONSULTANT SERVICES
WITH URS INC. FOR THE MCLEAN BOULEVARD WIDENING PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute
an agreement on behalf of the City of Elgin with URS Inc . for
Phase II engineering services for the McLean Boulevard widening
project, a copy of which is attached hereto and made a part
hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 27, 2001
Adopted: June 27, 2001
Omnibus Vote: Yeas : 7 Nays : 0
Recorded:
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
1
AGREEMENT FOR CONSULTANT SERVICES
between
CITY OF ELGIN
and
URS CORPORATION
1701 Golf Road, Suite 1000
Rolling Meadows,Illinois 60008
June 6,2001
DESCRIPTION
Phase II Engineering for the reconstruction and widening of McLean Boulevard in
Kane County,Illinois.
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AGREEMENT FOR CONSULTANT SERVICES
ROUTE McLean Boulevard
(Hopps Road to Spartan Drive)
COUNTY : Kane
FUNDING : Local
This is an AGREEMENT between the City of Elgin,hereinafter referred to as the
"CITY", and URS Corporation, 1701 Golf Rd, Suite 1000,Rolling Meadows, Illinois, 60008,
hereinafter referred to as the "CONSULTANT".
The CITY does hereby engage the CONSULTANT, and the CONSULTANT hereby
agrees to furnish certain professional Phase II engineering services, described in Section 2. The
services include the preparation of Construction plans and documents for the proposed McLean
Boulevard Improvement,Kane County,Illinois,hereinafter referred to as the "PROJECT".
The services will be provided based upon the following terms and conditions:
1. INCORPORATION BY REFERENCE
The Standard Agreement Provisions for Consultant Services of the Illinois Department of
Transportation, hereinafter referred to as the "STANDARD PROVISIONS", are
incorporated and made part of this AGREEMENT except as deleted or amended hereafter
(References to the STANDARD PROVISIONS are shown in parentheses). See attached
Exhibit H.
1.1 (SP 1) Definitions, as they pertain to the PROJECT, shall be set forth in Section 1
of the STANDARD PROVISIONS, amended to add the following:
1.1.1 IDOT-Department of Transportation, State of Illinois.
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1.1.2 Chief of Environmental Science -The Chief of Environmental Science of
'DOT
1.1.3 Director- shall be construed to mean the City Engineer, City of Elgin,
Illinois.
1.1.4 Environmental Statement - A written statement containing an assessment
of the anticipated significant, beneficial and detrimental effects which the
PROJECT may have upon the human environment.
1.1.5 Categorical Exclusion - A written document in support of a determination
that, should the proposed highway section improvement be constructed,
the action will not induce significant, foreseeable alterations in land use,
planned growth, development patterns, traffic volumes, travel patterns, or
natural or cultural resources.
1.1.6 Section 4(f) Land - Any land from a public park, recreation area, wildlife
and water fowl refuge or historic site which a transportation plan or project
proposes to use.
1.1.7 Environmental Assessment - Any action that is not classified as a
Categorical Exclusion and for which the environmental studies and early
coordination indicate that the proposed action will not have a significant
impact on the quality of the human environment.
1.1.8 Combined Report - Report that contains both the corridor location studies
and the design location studies. A combined report is prepared for
projects in which only the existing corridor is feasible.
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1.2 (SP 1.20) Wherever the word DEPARTMENT is used, it shall be construed to
mean the CITY, except that in the STANDARD PROVISIONS, the word
DEPARTMENT shall also include IDOT in Subsections 2.14, 2.24, 2.60, and
2.62.
1.3 (SP 2.81) The CONSULTANT shall invoice the CITY in a format acceptable to
the CITY.
2. SCOPE OF WORK
The CONSULTANT will perform or be responsible for the performance of the Phase II
engineering services outlined below. The Project is anticipated to consist of the
reconstruction and widening of approximately 9,860 feet of McLean Boulevard between
Hopps Road and Spartan Drive in Kane County as described in the Phase I Project
Development Report.
The engineering plans will be prepared in accordance with IDOT's Bureau of Local Roads
requirements for Local Agency Federal Aid Projects.
Review Location Data and Meet with Client
Two Project Review Meetings with IDOT.
Four Meetings with City, Village and County.
Survey and Base Sheet Preparation
Length of improvement: Station 31+96 to 130+52
Length of survey: 9856' McLean
1361' Hopps
850' Bowes
450' College Green
800' Spartan
Assumptions:
1. Control points and benchmarks can be obtained from previous electronic
survey.
3
2. We will only check previous topo and do odds and ends pickup topo.
3. We will reestablish previous centerline stations and perform full cross
sections at 100 foot intervals beyond proposed R.O.W. and profile driveways.
4. Drainage and utility structures will be located and rim elevations shot.
Plan Development Criteria
A. Location Drainage Study:
(To be prepared by subconsultant, Pavia-Marting)
B. Borings, Analysis and Soils Report
Review previously prepared report and review soil conditions for proposed
bike path.
C. Pavement Type Study (Finalize pavement design)
D. Right of Way Analysis
Analyze cross sections and determine right-of-way requirements.
E. Drainage Study Subconsultant Coordination.
Prefinal Roadway Plans
The following is a list of plan sheets anticipated for the project. The proposed plan scale:
1"=20' (English Units) for plan-profile sheets and 1"=50' for maintenance of traffic, signal
interconnect, lighting and striping base sheets. The project will be split into two separate
construction documents. The split will be approximately 700 feet north of Bowes Road.
#of
Sheets Sheet Description
2 Title Sheet
2 Index of Sheets/Plan Notes/State Standards
4 Summary of Quantities
4 Schedule of Quantities
3 Existing & Proposed Typical Sections
2 Alignment &Ties/Bench Marks
3 Maintenance of Traffic Details
21 Maintenance of Traffic Plans (3 stages) (1"=50')
27 Plan & Profile Drawings (1"=20')
4 Intersection and Pavement Details (1"=20')
27 Drainage Plan & Profile Drawings (1"=20')
4 Drainage Details
4
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6 Signing, Striping, and Landscaping Plans (1"=50')
1 Pavement Marking Details
2 Lighting Plans (South of Bowes)
2 Lighting Details
8 Temporary Traffic Signal Plans (Four Locations)
8 Traffic Signal Plans (Four Locations)
6 Traffic Signal Interconnect Plans
31 Cross Sections (100' Intervals + All Driveways), (6/sheet), (1"=10'
horizontal 1"=5' vertical)
8 Misc. Details (Driveways, butt joint, signals, etc.)
175
Pre-final Structure Plans
Prepare structure drawings for proposed retaining walls at two locations.
Utility Ad justment/Coordination
Obtain utility atlases and coordinate with utilities regarding potential utility
adjustments.
Field and Office Plan Check
Perform field and office plan check.
Final Plans
Perfoiiii plan revisions based on review comments.
Documentation/Administration/Project Management
Miscellaneous correspondence, scheduling, invoicing, project management.
Tabulation of Quantities
Perform the quantity takeoffs for the contract pay items.
5
Special Provisions to Specifications
Prepare the special provisions for the project.
Construction Cost Estimates/Estimate of Time
Prepare the project construction cost estimate and estimate of construction duration.
Plats and Legals Preparation
To be prepared by subconsultant, Pavia-Marting.
2.1 The CONSULTANT shall exclusively furnish to the CITY, all contract
documents, cost estimates, data or other information prepared, obtained or
assembled by him under this AGREEMENT, unless otherwise directed by the
CITY.
3. The CITY will be responsible for the following items:
3.1 Furnish all presently available survey data, contour maps and information right-
of-way plans including standard details and standard specifications adopted by the
CITY and other available data, useful to the work being done by the
CONSULTANT.
4. PROJECT SCHEDULE
The CONSULTANT shall commence work on Phase II within five (5) calendar days after
the date of Authority to Proceed. The work will be completed and according to the
schedule presented on Exhibit E, subject to the variability of time requirements for
agency reviews that is beyond the control of the CONSULTANT and the CITY. For
purposes of Section 5.2, the PROJECT completion date for Phase II Engineering is
February, 2002.
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5. PRIME COMPENSATION
5.1 Subject to an Upper Limit of Compensation of$519,988, the CONSULTANT
shall receive as full payment for completing the preparation of one complete set of
Phase II Engineering contract documents required of him under this
AGREEMENT, reimbursement of his eligible actual costs in accordance with
Section 2.86 of the STANDARD PROVISIONS, including a Fixed Fee amount of
$50,499, which is included in the Upper Limit of Compensation. The Upper
Limit of Compensation and Fixed Amount are a result of the attached Exhibit D,
Cost Estimate of Consultant's Services. The retainage provisions contained in
Section 2.81 of the STANDARD PROVISIONS shall not apply to Direct Non-
Salary Costs. The attached Exhibits A, B, and C are to be used as set forth in
Section 2.81 of the STANDARD PROVISIONS. Invoices shall be prepared in
accordance with Section 2.81.
5.2 The Prime Compensation may be increased or decreased by subsequent agreement
between the contractual and approving parties if there is a major change in the
scope, character or complexity of the Work. Prime Compensation and Specific
Rates for Extra Work may be adjusted in accordance with Section 2.21 of the
STANDARD PROVISIONS, if the duration of the work in any phase extends
more than six months beyond the date of completion stated in Section 4 of this
AGREEMENT, due to no fault of the CONSULTANT.
5.3 In all instances where the CITY shall request specific services of the
CONSULTANT, the CONSULTANT shall indicate to the CITY whether or not
the work shall be considered Extra Work. When requested by the CITY, the
CONSULTANT shall prepare and submit a cost estimate for such Extra Work. In
the event the CONSULTANT, upon written order from the CITY, is required to
perform Extra Work, he shall, in addition to the Prime Compensation, receive
payment for such Extra Work on the following basis: Subject to a pre-agreed
Upper Limit of Compensation for each item of Extra Work, the CONSULTANT
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shall be paid at the specified hourly rate of pay for each class of employee as listed
in Exhibit "A" for the actual time the CONSULTANT directly utilizes each such
employee on the Extra Work, plus the CONSULTANT's payroll burden and
overhead costs as listed in Exhibits B and C, plus actual expenses for
transportation, subsistence, and electronic computer service incidental to the Extra
Work. Any other expenses incurred incidental to the Extra Work shall be
considered to be overhead costs.
5.4 The CONSULTANT certifies that he/she and his/her principals have not been
barred from signing this agreement as a result of violation of section 33 E-3 and
33 E-4 of the Criminal Code of 1961 (Chapter 720 of the Illinois Compiled
Statutes).
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In consideration of these premises,the parties hereto agree as set forth in these
pages and numbered 1 through inclusive.
This AGREEMENT executed this 2%K-day of9L,„0_._ , 2001.
Executed by the CITY OF ELGIN, ILLINOIS
A 1'1'hST:
By . By
Title: Title:
(SEAL)
Executed by URS CORPORATION
A ITEST:
r
ByM By /, A"
Title: Vice President Title: Senior Project Manager
9
CERTIFICATION OF THE CONSULTANT
I hereby certify that I am the Vice President and a duly authorized representative of the firm of
URS CORPORATION, whose address is 1701 Golf Rd, Suite 1000, Rolling Meadows, Illinois,
60008 and that neither I nor the above firm I herein represent:
(a) Has employed or retained for a 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 consultant)to solicit or secure this contract;
(b) Has agreed, as an express or implied condition for obtaining this contract,to
employ or retain the services of any firm or person in connection with carrying out
the contract;
(c) Has paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee,
contribution,donation or consideration of any kind, or in connection with,
procuring or carrying out the contract; except as herein expressly stated (if any);
(d) Are presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
(e) Have within a three-year period preceding this AGREEMENT been convicted of
or had a civil judgement 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 or records,
making false statements, or receiving stolen property;
(t) Are presently indicted for or otherwise criminally civilly charged by a
governmental entity(Federal, State, local)with commission of any of the offenses
enumerated in item (e) of this certification;
(g) Have within a three-year period preceding this AGREEMENT had one or more
public transactions (Federal, State, local)terminated for cause or default;
In addition, I certify that, pursuant to 651LCS5/11-42.1-1, neither I nor the firm I represent is
delinquent in the payment of any tax administrated by the Illinois Department of Revenue.
I acknowledge that this certificate is to be furnished to the DEPARTMENT and the Federal
Highway Administration, U.S. Department of Transportation, in connection with this contract
involving participation of Federal-Aid highway funds, and is subject to applicable State and
Federal Laws, both criminal and civil.
URS CORPORATION
DAIS
Title: Vice President
10
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CERTIFICATE OF THE CITY
I hereby certify that I am the City Engineer of the CITY OF ELGIN, State of Illinois, and that the
CONSULTANT, URS CORPORATION, or their representative, has not been required directly
or indirectly as an express or implied condition in connection with obtaining or carrying out this
AGREEMENT to:
(a) Employ or retain, or agreed to employ or retain, any firm or person; or
(b) Pay or agree to pay, to any firm, person or organization any fee,contribution,
donation or consideration of any kind; except as herein expressly stated(if any).
I acknowledge that this certificate is to be furnished to the ILLINOIS DIVISION OF
HIGHWAYS and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal-Aid highway funds, and
is subject to applicable State and Federal Laws both criminal and civil.
DATE
CITY OF El GIN
11
STATE OF ILLINOIS
DRUG FREE WORKPLACE CERTIFICATION
This certification is required by the Drug Free Workplace Act(Ill.Rev.Stat.,ch. 127,
par. 152.311). The Drug Free Workplace Act,effective January 1, 1992,requires that 4. the penalties that may be imposed upon an employee for drug violations.
no grantee or contractor shall receive a grant or be considered for the purposes of being
awarded a contract for the procurement of any property or services from the State unless C. Providing a copy of the statement required by sub-paragraph(a)to each employee
that grantee or contractor has certified to the State that the grantee or contractor will engaged in the performance of the contract or grant and to post the statement in a
provide a drug free workplace. False certification or violation of the certification may prominent place in the workplace.
result in sanctions including,but not limited to,suspension of contract or grant payments,
termination of the contract or grant and debarment of contracting or grant opportunities D. Notifying the contracting or granting agency within ten(10)days after receiving
with the State for at least one(1)year,but not to be more than five(5)years. notice under part(b)of paragraph(3)of subsection(a)above from an employee
or otherwise receiving actual notice of such conviction.
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 E. Imposing a sanction on,or requiring the satisfactory participation in a drug abuse
issuing the grant,or a department,division,or other entity with twenty-five(25)or more assistance or rehabilitation program by,an employee who is so convicted,as
employees at the time of issuing the responsible for the specific performance under a required by section 5 of the Drug Free Workplace Act.
contract or grant of$5,000 or more from the State.
F. Assisting employees in selecting a course of action in the event drug counseling,
The contractor/grantee certifies and agrees that it will provide a drug free workplace treatment,and rehabilitation is required and indicating that a trained referral team
by: is in place.
A. Publishing a statement: G. Making a good faith effort to continue to maintain a drug free workplace through
implementation of the Drug Free Workplace Act.
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; THE UNDERSIGNED AFFIRMS,UNDER PENALTIES OF PERJURY,THAT HE
OR SHE IS AUTHORIZED TO EXECUTE THIS CERTIFICATION ON BEHALF OF
2. specifying the actions that will be taken against employees for violations of THE DESIGNATED ORGANIZATION.
such prohibition;
URS CORPORATION
3. notifying the employee that,as a condition of employment on such contract or i ed Name of Organizatio
grant,the employee will:
a. abide by the terms of the statement;and Signa re of Authorized Represe tative
b. notify the employer of any criminal drug statute conviction for a violation Mohammad S.Hassan,Vice President
occurring in the workplace no later than five(5)days after such conviction;
Printed Name and Title
B. Establishing a drug free awareness program to inform employees about:
94-1716908
1. the dangers of drug abuse in the workplace; Requisition/Contract/Grant ID Number
2. the grantee's or contractor's policy of maintaining a drug free workplace; 2I - 0 i
Date
3. any available drug counseling,rehabilitation,and employee assistance
programs;and
12
EXHIBIT A
BRW - Rolling Meadows Office As of 10/28/00
EMPLOYEE HOURLY RATES/ CLASSIFICATIONS
EXH A
EMPL# EMPLOYEE NAME CLASS. FROM AVG. TO
13639 Hassan, Mohammad S A PRINCIPAL 51.10 59.89 73.56
22444 Hirsh, Michael S. A
21487 Hughes, Duncan I A
15174 Landeweer, David D B PROJECT MANAGER 40.00 41.65 44.60
13656 Nissen, David C B
22447 Quraishi, M. Raja-Ulla B
16695 Yetter, Donald E B
13658 O'Brien, David D C CHIEF OF SURVEY 37.40 37.40 37.40
13664 Push, James R D CIVIL PROJECT ENGINEER 32.50 32.50 32.50
16697 Machamer, Daniel E E STRUCTURAL PROJECT ENGINEER 38.76 39.58 40.40
16691 Patel, Narendra P E
17679 Dolan III, Richard T F RESIDENT ENGINEER 35.22 37.35 39.48
13678 Syfert, Gregory L F -
16693 Schultz, Jr, John A G MOVABLE BRIDGE SPECIALIST 38.08 38.08 38.08
19849 Goodman, Benjamin Z. H SENIOR CIVIL ENGINEER 27.92 29.64 31.00
24295 Povolotsky, Naum A. H
19864 Xiong, Virginia Y. H
13632 Eberhart, David J I SR. CONSTRUCTION ENGINEER 28.04 28.53 29.36
13630 Dobrowolsky, Myron I
21486 Younan, Hannibal Y I
19836 Gresham, Timothy C. J MECHANICAL ENGINEER 55.00 55.00 55.00
16686 Kotlar, Leo M. K ELECTRICAL ENGINEER 27.50 27.50 27.50
19509 Weller, Steven A. L ENVIRONMENTAL 39.50 39.50 39.50
Page 1 BRWCLOO.xls
EXHIBIT A
. .BRW - Rolling Meadows Office As of 10/28/00
EMPLOYEE HOURLY RATES/ CLASSIFICATIONS
EXH A
EMPL# EMPLOYEE NAME CLASS. FROM AVG. TO
20745 Alonso, Maria I. M CIVIL ENGINEER 28.80 29.06 29.32
16971 Rafay, Mohammad A. M
24083 Bosshardt, Hans N STRUCTURAL ENGINEER 27.16 31.80 35.90
14823 Bucholc, Jeffrey P N
16684 Gunna, Srinivas R N
21192 Rashid, Majid N
21647 Underwager, Andrew E N
27057 Vaysman, Ella N
21572 Farsalas, Phillip 0 CONSTRUCTION ENGINEER 19.50 22.20 24.00
23640 Henrickson, Erik J. 0
26145 Hines, Chad 0
21485 Spencer, John M O
13688 Schrock, Thomas P SURVEY PARTY CHIEF 20.72 20.72 20.72
25468 Ashley, Richard Q TECHNICIAN - FIELD 17.40 19.09 21.76
21150 Hynes, Barry J Q
13689•Wieczorek, Andrew B Q
R TECHNICIAN - DESIGN
13695 Neckermann, Ingeburg S SENIOR DRAFTER 19.50 19.60 19.70
13659 Papachristos, Vasilios S
13638 Hart, Jr., Willie T •CADD OPERATOR 21.86 26.62 30.00
16685 Ibrahim, Sarhadoon 0 T
26079 Reitz, Thomas W T
26164 McNichols, Shawn U ADMINISTRATIVE/ CLERICAL 17.31 17.98 18.64
21956 Trkulja, Dorothy U
V TRANSIT PLANNER
13626 Williams, Cheryl K (***)
13661 Petitti, John S (***)
(***)ADMINISTRATIVE STAFF- Not Classified in Exhibit A
Page 2 BRWCLOO.xls
EXHIBIT B
BURDEN & FRINGE COSTS
%of Direct
Productive
Payroll
Vacation Earned 0.76
Payroll Taxes 11.62
Incentive Bonus 5.67
Payroll Related Insurance 9.97
Contract Labor 2.07
Pension/Retirement 2.39
I/O Transfers/Allocations 0.89
TOTAL FRINGE BENEFITS* 33.37
Source: IDOT Prequalification- Project Fiscal Year Ended October 29, 1999
The above overhead reflects only allowable costs.
Burden & Fringe Costs (Exhibit B) and General Overhead Costs (Exhibit C)Total 145.50%.
BRW, Inc.
02/20/01
EXHIBIT C
GENERAL OVERHEAD
%of Direct
Productive
Payroll
Salary&Wages 50.38
Termination & Indemnities 0.76
External Relations 1.58
Field & Lab Supplies 0.85
Office Supplies&Facilities 10.01
Personal Relations 4.52
Professional Services 0.38
Travel&Subsistence 5.42
Telecommunications 3.71
Postage & Delivery 1.20
Relocation 0.57
Bid & Proposal 1.64
Doubtful Accounts 0.00
Miscellaneous 2.25
Occupancy 15.29
Receivable Carring Cost 0.00
Taxes, Licenses& Insurance 0.49
Depreciation &Amortization 4.53
Professional Liability Insurance 0.00
State Income Tax 0.84
TOTAL GENERAL OVERHEAD COSTS* 104.42
Facilities Capital Cost of Money 1.21
Source: IDOT Prequalification - Projected Fiscal Year Ended October 29, 1999
The above overhead reflects only allowable costs.
* Burden & Fringe Costs (Exhibit B) and General Overhead Costs (Exhibit C)Total 145.50%.
BRW, Inc.
02/20/01
Exhibit D
•
COST ESTIMATE OF CONSULTANT SERVICES
ROUTE: MCLEAN BLVD FIRM URS Corporation DATE 05/29/01
KANE COUNTY
OVERHEAD RATE 145.5 COMPLEXITY FACTOR 0.000
OVERHEAD INHOUSE SERVICES %OF
ITEM MANHOURS PAYROLL & DIRECT FIXED BY TOTAL GRAND
FRINGE BENF COSTS FEE OTHERS TOTAL
(A) (B) (C) (D) (E) (F) (G) (H)
EARLY COORD./DATA COLLECT 46, 1,806, 2,627 55 602 5,091 0.9790
SUPP.SURVEY 731 15,225 22,152 526 5,078 42,980 8.2656
PLAN DEVELOPMENT 100 3,401 4,948 0 1,134 9,483 1.8237
DRAINAGE STUDY COORD. 24 711 1,035 0 237 44,984 46,968 9.0325
PREFINAL ROADWAY 3856 97,594 141,999 2,835 32,547 _ 274,975 52.8810
PREFINAL STRUCTURE 160 4,112 5,983 0 1,371 11,466 2.2051
UTILITY ADJUSTMENT 12 413 601 0 138 1,151 02214
QA/QC 128 5,270 7,668 14 1,758 14,710 2.8289
,FINAL PLANS 316 8,371 12,181 2,835 2,792 26,179 5.0345
QUANTITIES 215 6,703 9,752 0 2,235 18,690 3.5944
SPECS/ESTIMATES 54 1,638 2,383 0 546 4,568 0.8784
ADMINISTRATION 64 2,332 3,393 0 778 6,503 1.2505
PLATS AND LEGALS 0 46,500 46,500 8.9425
OUT OF SCOPE WORK 117 3,846 5,596 0 1,283 10,725 2.0625
0
0
0
0
TOTAL PROJECT 5823 151,422 220,318 6,265 50,499 91,484 519,988 100.00
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AVERAGE HOURLY PROJECT RATES
ROUTE: MCLEAN BOULEVARD FIRM: URS Corporation
KANE COUNTY
DATE: May 29, 2001
SHEET 2 OF 4
PAYROLL AVG PREFINAL ROADWAY PREFINAL STRUCTURE UTILITY ADJUSTMENT OA/OC
HOURLY % WGTD % WGTD % WGTD % WGTD
CLASSIFICATION RATES HOURS PART. RATE HOURS PART. RATE HOURS PART. RATE HOURS PART. RATE
PRINCIPAL $59.89 0 0 0 16 12.5 $7.486
PROJECT MANAGER $41.65 240 6.2 $2.592 4 33.3 $13.883 96 75.0 $31.238
STRUCTURAL ENG. $31.80 80 50.0 $15.900_
ENVIRONMENTAL $39.50
CIVIL PROJECT ENGR. $32.50 660 17.1 , $5.563 4 33.3. $10.833
CIVIL ENGINEER $29.06 524 13.6 $3.949 4 33.3 $9.687
SENIOR CIVIL ENGINEER $29.64 324 8.4 $2.490 _
CHIEF OF SURVEY $37.40
SURVEY PARTY CHIEF $20.72 _
TECHNICIAN FIELD $19.09
SENIOR DRAFTER $19.60 2108 54.7 $10.715 80 50.0 $9.800 16 12.5 $2.450
CONSTRUCTION ENG. $22.20
TOTALS 3856 100 $25.31 160 100 $25.70 12 100 $34.40 128 100 $41.17
H:\mrtg\proposals\kanecounty\mcleanblvd\cecs.xls
AVERAGE HOURLY PROJECT RATES
ROUTE: MCLEAN BOULEVARD FIRM: URS Corporation
KANE COUNTY
DATE: May 29,2001
SHEET 3 OF 4
PAYROLL AVG FINAL PLANS QUANTITIES SPECS/ESTIMATES ADMINISTRATION
HOURLY % WGTD % WGTD % WGTD % WGTD
CLASSIFICATION RATES HOURS PART. RATE HOURS PART. RATE HOURS PART. RATE HOURS PART. RATE
PRINCIPAL $59.89 0 3 1.4 $0.836 0 8 12.5 $7.486
PROJECT MANAGER $41.65 24 7.6 $3.163 16 7.4 $3.100 32 50.0 $20.825
STRUCTURAL ENG. $31.80 16 5.1 $1.610
ENVIRONMENTAL $39.50
CIVIL PROJECT ENGR. $32.50 74 23.4 $7.611 40 18.6_ $6.047 20 37.0 $12.037 16 25.0 $8.125
CIVIL ENGINEER $29.06 40 12.7 $3.678 116 54.0 $15.679 34 63.0 $18.297
SENIOR CIVIL ENGINEER $29.64 12 3.8 $1.126 40 18.6 $5.514
CHIEF OF SURVEY $37.40
SURVEY PARTY CHIEF $20.72
TECHNICIAN FIELD $19.09
SENIOR DRAFTER $19.60 150 47.5 $9.304
CONSTRUCTION ENG. $22.20
TOTALS 316 100 $26.49 215 100 $31.18 54 100 $30.33 64 88 $36.44
H:\mrtg\proposals\kanecounty\mcleanblvd\cecs.xls
AVERAGE HOURLY PROJECT RATES
ROUTE: MCLEAN BOULEVARD FIRM: URS Corporation
KANE COUNTY
DATE: May 29,2001
SHEET 4 OF 4
PAYROLL AVG PLATS AND LEOALS OUT OF SCOPE WORK
HOURLY % WGTD % WGTD % WGTD % WGTD
CLASSIFICATION RATES HOURS PART. RATE HOUR: PART. RATE HOUR PART. RATE HOURS PART. RATE
PRINCIPAL $59.89 0 0 0 0
PROJECT MANAGER $41.65 40 34.2 $14.239 ,
STRUCTURAL ENG. $31.80 _
ENVIRONMENTAL $39.50
CIVIL PROJECT ENGR. $32.50 52 44.4 $14.444
CIVIL ENGINEER $29.06
SENIOR CIVIL ENGINEER $29.64 _ .
CHIEF OF SURVEY $37.40
SURVEY PARTY CHIEF $20.72
TECHNICIAN FIELD $19.09
SENIOR DRAFTER $19.60 25 21.4 $4.188
CONSTRUCTION ENG. $22.20
TOTALS 117 100 $32.87
H:\mrtg\proposals\kanecounty\mcleanblvd\cecs.xls
EXHIBIT E
ANTICIPATED SCHEDULE
McLEAN BLVD. PHASE II
CITY OF ELGIN/KANE COUNTY DIV. OF TRANSPORTATION
5/29/2001
2001 2002
July Aug. Sept. Oct. Nov. Dec. Jan. Feb. March April„ May June July August Sept.
Design Approval
Phase II notice to Proceed
Supplemental Survey
Location Drainage Study
Pre-Final Engineering
1DOT/County/Clty Review
Plats&Legal
Final Plans
R.O.W.Certification
Contract Letting Apr.2002
Begin Construction
Exhibit F
ROUTE: MCLEAN BOULEVARD SUMMARY OF DIRECT COSTS URS Corp.
KANE COUNTY
DATE:5/29/2001
0
0
WORK ITEM DESCRIPTION UNITS UNIT QTY *SETS COST
COST /TRIPS
EARLY COORDJDATA COLLECT
Travel to Meeting and Site Miles 0.35 40 4 55.20
Sub-total 55.20
SUPP.SURVEY
Tolls Each 0.40 2 36 28.80
Travel to Site Miles 0.35 40 36 4.96.80
Sub-total 525.60
PLAN DEVELOPMENT
Sub-total 0.00
DRAINAGE STUDY COORD.
Sub-total 0.00
PREFINAL ROADWAY
Printing Each 1.00 179 15 2685.00
Printing Specs Each 0.10 100 15 150.00
Sub-total 2835.00
PREFINAL STRUCTURE
Sub-total 0.00
UTILITY ADJUSTMENT
Sub-total 0.00
OA/QC
Travel to Site Miles 0.35 40 1 13.80
Sub-total 13.80
FINAL PLANS
Printing Each 1.00 179 15 2685.00
Printing Specs Each 0.10 100 15 150.00
Sub-total 2835.00
SPECS/ESTIMATES
Sub-total 0.00
ADMINISTRATION
Sub-total 0.00
Sub-total 0.00
PLATS AND LEGALS
Sub-total 0.00
OUT OF SCOPE WORK
Sub-total 0.00
0
Sub-total 0.00
0
Sub-total 0.00
0
Sub-total 0.00
0
Sub-total 0.00
TOTAL DIRECT COSTS 6264.60
HArnrtg1proposals‘kanecountpmcleanbivacecsAs
EXHIBIT G
SUBCONSULTANT AGREEMENT
. '
Design Firm Professional Registration#184002376
May 14, 2001
Mr. Mohammad S. Hassan, P.E., S.E.
Vice President, Chicago Area Manager
URS Corporation
One Continental Towers
1701 Golf Road, Suite 1000
Rolling Meadows, IL 60008
Re: FEE FOR PREPARATION OF
INDIVIDUAL PLATS FOR ROW
TAKES — McLEAN BLVD.
Dear Mr. Hassan:
At this time there are 93 parcels that will be impacted by the proposed improvement and
require right-of-way takes. The breakdown is:
15 parcels within the limits of the City of Elgin (which includes two
parcels at the NW & SW corners of McLean & Crispen Drive)
78 parcels within the limits of South Elgin or Kane County.
Under the agreement, dated January 24, 1997, we had shown a cost of $500.00 per
parcel with an estimated 10 parcels in the Kane County area and zero parcels in the
City of Elgin's portion. Using 93 parcels at $500.00 per parcel, the cost will be
$46,500.00 for all plats.
If there are any questions, please call.
Respectfully submitted,
PAVIA-MARTING & CO.
AN ILLINOIS CORPORATION
CONSULTING ENGINEERS
Dale V. Marling (Sr.), P.E.
President
cc: File #2554
SCOPE OF SERVICE
MCLEAN LOCATION DRAINAGE STUDY
The scope of services for the title project is as follows:
• COLLECT FIFLD INFORMATION, REVIEW EXISTING DRAINAGE PROBLEMS
AND EVALUATE PROBABLF CORRECTIONS.
• IDENTIFY BASE FLOOD PLAIN MAPS AND PREPARE FLOOD BOUNDRY
MAPPING.
• IDENTIFY AND DISCUSS MAJOR DRAINAGE FEATURES SUCH AS BRIDGES,
CROSS-ROAD CULVERTS AND REV I I-,W IF PROBLEMS CURRENTLY EXIST.
• EVALUATE EXISTING DRAINAGE SYSTEM WITHIN THE LIMITS OF THE
IMPROVEMENTS AND THOSE DRAINAGE SYSTEMS SERVING THE
ROADWAY AREA FOR THEIR RESPECTIVE DESIGN FREQUENCY (This includes
the preparation of exhibits defining existing onsite/offsite contributing drainage areas,
existing inlet spacing, existing ditch capacity and the capacity of any other receiving
structures within the limits of the improvements.)
• PERFORM CALCULATIONS AND PREPARE PLAN/PROFIT F SHEETS FOR
PROPOSED DRAINAGE SYSTEM (Including exhibits for typical roadway cross-
sections, perform inlet spacing calculations, storm sewer sizing calculations using IDOT
design guidelines, detention calculation for closed and surface detention systems.)
• EVALUATE FLOOD PLAIN ENCROACHMENTS REGARDING PROPOSED
IMPROVEMENTS.
• COORDINATION WITH KANE COUNTY, CITY OF ELGIN, VILLAGE OF SOUTH
ELGIN AND IDOT
• DRAFT/FINAL REPORTS PREPARATION, COORDINATION, AND
DRAF I/FINAL REPORT SUBMITTAL (We anticipate that two separate reports will
have to be submitted. One for the Elgin portion and one for the Kane County portion.
The final submittal includes 1 copy for Kane County, 1 copy for the City of Elgin, 1 copy
for the Village of South Elgin and 6 copies for IDOT for a total of 9 copies. Four draft
copies would be submitted prior to the final submittal.)
• PROJECT COORDINATION AND ADMINISTRATION.
The above scope of services requires 555 hour at a fee of$44,984.46.
•
COST ESTIMATE OF CONSULTANTS SERVICES
File Location,Name...SEE PRINTED PAGE FOOTER 30-May-01
Sheet Name........:'ENG COSTS' 3:53 PM
PROJECT: McLean Blvd.Location Drainage Study Pavia-Marting 8 Co.
Route: McLean Blvd. 910 West Lake Street
Section:96-00094-01-WR OVERHEAD RATE(Rate times Payroll) • 160.00% Roselle,IL 60172
County: Kane PROFIT(on Payroll,Overhead/Fringe&In-House Direct Cost).: 15.00% (630)529.8000
Project No.: STPM 7003(370) ADM.COST(on Outside Direct Cost&Service By Others) • 5.00%
PSB NO.-: N/A
Estimated
i Cost in
1 Dollars
Number Overhead r I Percent
I of 8 In-House Fixed Outside (a) of
Men Fringe Direct Fee Direct Service Grand
Hours Payroll Benefits Subtotal Costs Profl Cost By Others TOTAL Total
•
3 ITEM I (A) (8) (C) (D) (E) (F) (G) (H1 (I) (I)
PHASE 2 SERVICES ! I !
COLLECT FIELD INFORMATION,
1 (REVIEW EXISTING DRAINAGE !•
PROBLEMS AND EVALUATE
PROBABLE CORRECTIONS 38.00 $1,072.74 $1,716.38 $2,789.12 _ $418.37 $3207.49 7.13%
IDENTIFY BASE FLOOD PLAIN
2 MAPS AND PREPARE FLOOD
=BOUNDARY MAPPING 13.00 $350.35 $560.56 $910.91 5136 5-1 51,047.55 2.33%
-IDENTIFY AND DISCUSS , I
MAJOR DRAINAGE FEATURES
3 SUCH AS BRIDGES,CROSS-
,ROAD CULVERTS AND REVIEW
IF PROBLEMS CURRENTLY
EXIST. 8.00 $228.48 $365.57 $594.05 589.11 5683.16 1.52%
`EVALUATE EXISTING
`DRAINAGE SYSTEM WITHIN
"THE LIMITS OF THE
•
IMPROVEMENTS AND THOSE
DRAINAGE SYSTEMS SERVING
4 THE ROADWAY AREA FOR
EIR RESPECTIVE DESIGN
FREQUENCY(This includes the
preparation of exhibits defining
existing onsite/offsite contributing
drai 130.00 $3,382.60 $5.412.16 $8,794.76 $1,319.21 i $10,113.97 22.48%
PERFORM CALCULATIONS
AND PREPARE PLAN/PROFILE yr!< lI
SHEETS FOR PROPOSED j ..
5 'DRAINAGE SYSTEM(Inducing
exhibits for typical roadway cross- I Y`
`sections,perform inlet spacing I :
calculations.storm sewer sizing I .
calculations using(DOT design
:guidelines,detention calculat 250.00 $6,482.50 $10,372.00 $16,854.50 52,528 18 1 $19,382.68 43.09%
EVALUATE FLOOD PLAIN
5 :ENCROACHMENTS I _ -
REGARDING PROPOSED
IMPROVEMENTS. 8.00 $245.12 $392.19 $637.31 $95.601 $732.91 1.63%
.COORDINATION WITH KANE
COUNTY,CITY OF ELGIN,
VILLAGE OF SOUTH ELGIN AND _
IDOT 20.00 5707.00 51,131.20 $1,838.20 563.00 $28518 $2,186.38 486%
DRAFT/FINAL REPORT
:PREPARATION,
;COORDINATION,AND s= _,;�_
DRAFT/FINAL REPORT
SUBMITTAL(We anticipate that l
8 two separate reports will have to
be submitted. One for the Elgin
portion and one for the Kane
ICotxey portion.The final stbmitta .
;includes 1 copy for K 56.00 $1,387.68 $2220.29 $3,607.97 $170.00 $566 70': $4,344.67 9.66%
9
PROJECT COORDINATION AND
,ADMINISTRATION 32.00 $1,098.88 $1,758.21 $2,857.09 5428.56' $3285.65 7.30%.
10: l
11
12Q •
Q TOTALS • 555.00 $14,955.35 323,928.56 $38,883.91 I 5233.00: 55,867.55 $44,984.46 1 100.00%
•
AVERAGE HOURLY PROJECT RATES
File Location/Name...SEE PRINTED PAGE
FOOTER
Sheet Name • AVG HRLY RATE"
PROJECT: McLean Blvd.Location Drainage
Study
Route: McLean Blvd.
Section: 96-00094-01-WR
County: Kane
Project No.: STPM 7003(370)
PSB NO.--: N/A < PHASE 2 SERVICES
1 2
COLLECT FIELD INFORMATION,REVIEW IDENTIFY BASE FLOOD PLAIN MAPS AND
EXISTING DRAINAGE PROBLEMS AND PREPARE FLOOD BOUNDARY MAPPING
EVALUATE PROBABLE CORRECTIONS
AVG.
HRLY
RATE
HOURS %PART. RATED
HOURS %PART. RATE
ARCHITECT $25.87
•CLERICAL $13.23
DESIGN ENGINEER $25.42 12.00 31.58% 58.03 8.00 61.54% $15.64
DRAFTSMAN $23.33
•FIELD PARTY CHIEF $25.20
FI ELD MAN $24.50
LANDSCAPE ARCHITECT $24.18
MARKETING $22.28
PRINCIPAL ENGINEER.P.E. $47.00
PROJECT DRAFTSMAN $22.38
PROJECT ENGINEER $28.56 20.00 52.63% S15.03 4.00 30.77% $8.79
PROJECT MANAGER,P.E. $32.73 6.00 15.79% $5.17 1.00 7.69% $2.52
RECEPTIONIST $14.20
REGISTERED LAND SURVEYOR $25.75
RESIDENT ENGINEER $26.60
TECHNICAL ENGINEER $26.34
TIME ACCT. $13.95
TRAFFIC ENGINEER $26.75
TOTALS 38.00 100.00% S28.23 13.00 100.00% $26.95
AVEJ AVERAGE HOURLY PROJECT RATES
File Location/Name...SEE PRINTED PAGE
FOOTER 30-May-01
Sheet Name • AVG HRLY RATE" 3:53 PM
PROJECT: McLean Blvd.Location Drainage
Study Pavia-Marting&Co.
Route: McLean Blvd. 910 West Lake Street
Section: 96-00094-01-WR Roselle,IL 60172
County: Kane (630)529-8000
Project No.: STPM 7003(370)
PSB NO.--: N/A > I < PHASE 2 SERVICES
3 4 5
EVALUATE EXISTING DRAINAGE PERFORM CALCULATIONS AND
SYSTEM WITHIN THE LIMITS OF PREPARE PLAN/PROFILE
THE IMPROVEMENTS AND SHEETS FOR PROPOSED
IDENTIFY AND DISCUSS MAJOR DRAINAGE THOSE DRAINAGE SYSTEMS DRAINAGE SYSTEM(Including
FEATURES SUCH AS BRIDGES,CROSS- SERVING THE ROADWAY AREA exhibits for typical roadway cross-
ROAD CULVERTS AND REVIEW IF FOR THEIR RESPECTIVE DESIGN
PROBLEMS CURRENTLY EXIST. FREQUENCY(This includes the sections,perform inlet spacing
AVG. preparation of exhibits defining calculations,storm sewer sizing
HRLY existing onsite/ofts to contributing calculations using IDOT design
RATE drai guidelines.detention calculat
WGTD. WGTD. WGTD.
HOURS %PART. RATE HOURS %PART. RATE HOURS %PART. RATE
ARCHITECT 525.87
CLERICAL 513.23
DESIGN ENGINEER 525.42 40.00 30.77% $7.82 20.00 8.00% 52.03
DRAFTSMAN $23.33
FIELD PARTY CHIEF $25.20
FIELDMAN $24.50
LANDSCAPE ARCHITECT $24.18
MARKETING $22.28
PRINCIPAL ENGINEER,P.E. 547.00
PROJECT DRAFTSMAN S22.38 40.00 30.77% $6.89 110.00 44.00% 59.85
PROJECT ENGINEER $28.56 8.00 100.00% S28 56 40.00 30.77% S8.79 100.00 40.00% $11.43
PROJECT MANAGER,P.E. $32.73 10.00 7.69% $2.52 20.00 8.00% $2.62
RECEPTIONIST S14.20
REGISTERED LAND SURVEYOR 525.75
RESIDENT ENGINEER $26.60
TECHNICAL ENGINEER $26.34
TIME ACCT. 513.95
TRAFFIC ENGINEER $26.75
TOTALS t 8 00 100.00% S28.56 130.00 100 00% $26.02 250.00 100.00% $25.93
AVEI AVERAGE HOURLY PROJECT RATES
File Location/Name...SEE PRINTED PAGE
FOOTER ########
Sheet Name AVG HRLY RATE" 3:53 PM
PROJECT: McLean Blvd.Location Drainage
Study Pavia-Marting&Co.
Route: McLean Blvd. 910 West Lake Street
Section: 96-00094-01-WR Roselle,IL 60172
County: Kane (630)529-8000
Project No.: STPM 7003(370)
PSB NO.-: N/A < PHASE 2 SERVICES
5 7 8
DRAFT/FINAL REPORT
PREPARATION,COORDINATION,
COORDINATION WITH KANE AND DRAFT/FINAL REPORT
EVALUATE FLOOD PLAIN SUBMITTAL(We anticipate that two
COUNTY,CITY OF ELGIN,
ENCROACHMENTS REGARDING VILLAGE OF SOUTH ELGIN AND separate reports will have to be
PROPOSED IMPROVEMENTS. IDOT submitted. One for the Elgin
AVG. portion and one for the Kane County
HRLY • portion. The final submittal includes
RATE • 1 copy for K
WGTD. WGTD. WGTD.
HOURS %PART. RATE HOURS %PART. RATE HOURS %PART. RATE
ARCHITECT $25.87
CLERICAL $13.23 16.00 28.57% $3.78
DESIGN ENGINEER $25.42
DRAFTSMAN $23.33
FIELD PARTY CHIEF $25.20
FI ELD MAN $24.50
LANDSCAPE ARCHITECT $24.18
MARKETING $22.28
PRINCIPAL ENGINEER,P.E. 547.00 6.00 30.00% S14.10
PROJECT DRAFTSMAN $22.38
PROJECT ENGINEER $28.56 4.00 50.00% $14.28 8.00 40.00% $11.43 32.00 57.14% $16.32
PROJECT MANAGER,P.E. $32.73 4.00 50.00% $16.36 6.00 30.00% $9.82 8.00 14.29% $4.68
RECEPTIONIST $14.20
REGISTERED LAND SURVEYOR $25.75
RESIDENT ENGINEER $26.60
TECHNICAL ENGINEER S26.34
TIME ACCT. $13.95
TRAFFIC ENGINEER $26.75
TOTALS 8.00 100.00% S30.64 _ 20.00 100.00% $35.35 56.00 100.00% $24.78
AVE•
File Location/Name_.SEE PRINTED PAGE
FOOTER ########
Sheet Name AVG HRLY RATE" 3:53 PM
PROJECT: McLean Blvd.Location Drainage
Study Pavia-Marting 8,Co.
Route: McLean Blvd. 910 West Lake Street
Section: 96-00094-01-WR Roselle,IL 60172
County: Kane (630)529-8000
Project No.: STPM 7003(370)
PSB NO.--: N/A I < PHASE 2 SERVICES
9 10 11
•
PROJECT COORDINATION AND ADMINISTRATION
AVG.
HRLY
RATE
WGTD. WGTD. WGTD.
HOURS %PART. RATE I HOURS %PART. I RATE HOURS %PART. RATE
ARCHITECT S25.87
CLERICAL $13.23 12.00 37.50% S4.96
DESIGN ENGINEER S25.42
DRAFTSMAN 523.33
FIELD PARTY CHIEF $25.20
FIELDMAN $24.50
LANDSCAPE ARCHITECT $24.18
MARKETING $22.28
PRINCIPAL ENGINEER,P.E. 547.00 20.00 62.50% S29.38
PROJECT DRAFTSMAN $22.38
PROJECT ENGINEER S28.56
PROJECT MANAGER,P.E. $32.73
RECEPTIONIST $14.20
REGISTERED LAND SURVEYOR $25.75
RESIDENT ENGINEER $26.60
TECHNICAL ENGINEER $26.34
TIME ACCT. $13.95
TRAFFIC ENGINEER 526.75
TOTALS 32.00 100.00% $34.34
AVEI AVERAGE HOURLY PR
File Location/Name...SEE PRINTED PAGE
FOOTER 30-May-01
Sheet Name • AVG HRLY RATE3:53 PM
PROJECT: McLean Blvd.Location Drainage
Study Pavia-Marting&Co.
Route: McLean Blvd. 910 West Lake Street
Section: 96-00094-01-WR Roselle,IL 60172
County: Kane (630)529-8000
Project No.: STPM 7003(370)
PSB NO.-: N/A > I
12
TOTALS-.THIS PHASE
AVG.
HRLY
RATE
WGTD.
HOURS %PART.
FiATE
ARCHITECT $25.87
CLERICAL $13.23 28.00 5.05% $0.67
DESIGN ENGINEER $25.42 80.00 14.41% $3.66
DRAFTSMAN $23.33
FIELD PARTY CHIEF $25.20
IFIELDMAN $24.50
LANDSCAPE ARCHITECT $24.18
MARKETING $22.28
PRINCIPAL ENGINEER,P.E. $47.00 26.00 4.69% $2.20
PROJECT DRAFTSMAN $22.38 150.00 27.03% $6.05
PROJECT ENGINEER $28.56 216.00 38.92% $11.12
PROJECT MANAGER,P.E. $32.73 55.00 9.91% $3.24
RECEPTIONIST $14.20
REGISTERED LAND SURVEYOR $25.75
RESIDENT ENGINEER $26.60
TECHNICAL ENGINEER $26.34
TIME ACCT. $13.95
TRAFFIC ENGINEER $26.75
TOTALS 555.00 100.00% $26.94
. -
BREAKDOWN OF IN-HOUSE DIRECT COST
Unit Price PHASE 2
($/Copy, Volume of
ITEM DESCRIPTION Sheet or (Copies or Amount
Mile) Sheets)
Copies $0.10 500.0 $50.00
Bluelines $1.00 120.0 $120.00
Mylars $6.00
SUBTOTAL $170.00
No. of Trips Rd Trip Miles Mileage rate Amount
Mileage Expenses 4 50 $0.315 $63.00
$0.315
SUBTOTAL $63.00
TOTAL IN-HOUSE DIRECT COST • 5233.00
EXHIBIT H
STANDARD AGREEMENT PROVISIONS FOR CONSULTANT SERVICES
. ,
. is
STANDARD AGREEMENT
PROVISIONS POR
CONSULTANT SERVICES
January 1 , 2001
Illinois Department
of Transportation
Printed by Authority of the State of Illinois
TABLE OF CONTENTS
PREAMBLE
SECTION 1 - DEFINITIONS
1.01 AASHTO
1.02 ACTUAL COSTS
1.03 ADDITIONAL COMPENSATION
1.04 ADDITIONAL SERVICES
1.05 AGREEMENT
1.06 APPROVING PARTY
1.07 AUTHORITY TO PROCEED
1.08 BUREAU CHIEF
1.09 CALENDAR DAYS
1.10 CHANGE
1.11 COMPENSATION
1.12 CONSTRUCTION COST ESTIMATE
1.13 CONSTRUCTION SECTION
1.14 CONSULTANT
1.15 CONTRACT
1.16 CONTRACTOR
1.17 CRITICAL PATH METHOD (CPM)
1.18 DAMAGES
1.19 DATES OF SUBMISSION, ACCEPTANCE AND REVIEW TIME
1.20 DEPARTMENT
1.21 DESIGN SECTION
1.22 DIRECTOR
1.23 DISTRICT ENGINEER
1.24 ERROR
1.25 EXTRA TASK ORDER
1.26 FHWA
1.27 FIELD AND OFFICE CHECK (F&OC)
1.28 FIXED FEE
1.29 KEY PERSONNEL
1.30 LIAISON MANAGERS
1.31 NEGLIGENCE
1.32 OMISSION
1.33 PS&E
1.34 PHASE
1.35 PROFESSIONAL TRANSPORTATION BULLETIN
1.36 PROGRESS REPORT
1.37 PROJECT
1.38 PROJECT SCHEDULE
1.39 QUALITY ASSURANCE
1.40 QUALITY CONTROL
1.41 RECORD DOCUMENTS
1.42 SCOPE OF SERVICES
1.43 SERVICES
1.44 SPECIFIC RATES OF COMPENSATION
1.45 STATEMENT OF INTEREST
1.46 SUBCONSULTANT
1.47 SUPPLEMENTAL AGREEMENT
1.48 SUPPLEMENTAL SERVICES
1.49 TS&L
1.50 TOTAL AGREEMENT AMOUNT
1.51 UNIT OF WORK
1.52 UPPER LIMIT OF COMPENSATION
1.53 WORK
1.54 WORKING DAYS
1.55 TASK ORDER
SECTION 2 - GENERAL CLAUSES AND COVENANTS
2.1 CONSULTANT OFFICE AND PERSONNEL REQUIREMENTS
2.10 THE CONSULTANT OFFICE
2.11 ENDORSEMENT OF DOCUMENTS
2.12 QUALIFICATION OF PERSONNEL
2.13 QUALITY ASSURANCE AND QUALITY CONTROL (QA/QC) PLAN
2.14 EMPLOYMENT OF THE DEPARTMENT'S PERSONNEL
2.15 COVENANT AGAINST CONTINGENT FEES
2.16 COVENANT OF INTEREST
2.17 CONTINUING OBLIGATION
2.2 SERVICE REQUIREMENTS
2.20 AUTHORIZATION AND APPROVAL
2.21 PROGRESS REPORTS AND ADJUSTMENTS TO PROJECT SCHEDULE
2.22 RELATIONSHIP WITH OTHERS
2.23 RIGHT TO ENTER
2.24 SUBLETTING, ASSIGNMENT OR TRANSFER
2.25 PUBLIC UTILITIES
2.26 ACCURACY OF PROFESSIONAL SERVICES AND PROFESSIONAL
LIABILITY INSURANCE
2.27 POLICIES AND PROCEDURES
2.28 REVIEWS AND ACCEPTANCES
2.29 REVISIONS OF PLANS, SPECIFICATIONS OR ESTIMATES
2.30 CADD FILES
2.4 LEGAL OBLIGATIONS
2.40 COMPLIANCE WITH STATE AND OTHER LAWS
2.41 FELONS
2.42 CONFLICTS OF INTEREST
2.43 NEGOTIATIONS
2.44 INDUCEMENTS
2.45 REVOLVING DOOR PROHIBITION
2.46 DISCLOSURE
•
2.47 REPORTING ANTI-COMPETITIVE PRACTICES
2.48 CONFIDENTIALITY
2.49 INSIDER INFORMATION
2.50 BRIBERY
2.51 EDUCATIONAL LOAN
2.52 BID RIGGING/BID ROTATING
2.53 INTERNATIONAL ANTI-BOYCOTT
2.54 DRUG FREE WORKPLACE
2.55 CERTIFICATION REGARDING LOBBYING
2.56 CONTROL OF PROPERTY
2.57 COST PRINCIPLES
2.58 DEBARMENT
2.59 COST ACCOUNTING STANDARDS
2.60 DISADVANTAGED BUSINESS ENTERPRISE POLICY
2.61 HEADGEAR, VEST AND FOOTWEAR POLICY
2.62 INSURANCE OTHER THAN PROFESSIONAL LIABILITY
2.63 INDEMNIFICATION OTHER THAN PROFESSIONAL SERVICES
2.64 NONDISCRIMINATION (CIVIL RIGHTS ACT OF 1964)
2.65 EQUAL EMPLOYMENT OPPORTUNITY (EEO)
2.66 TAXES, ROYALTIES AND EXPENSES
2.67 RESPONSIBILITY FOR CLAIMS AND LIABILITY- PROPERTY DAMAGES
2.68 TERMINATION AND ABANDONMENT
2.69 SETTLEMENT OF CONSULTANT CLAIMS
2.70 OWNERSHIP OF DOCUMENTS
2.71 RETENTION OF RECORDS
2.8 METHODS OF PAYMENT
2.80 PAYMENT METHODS
2.81 PARTIAL PAYMENTS/INVOICES
2.82 FINAL PAYMENT
2.83 EFFICIENCY FACTOR
2.84 PAY FOR PERFORMANCE
2.85 ADJUSTMENT OF UPPER LIMIT OF COMPENSATION
2.86 ITEMS ELIGIBLE FOR REIMBURSEMENT AS CONSULTANT'S COSTS
PREAMBLE
Since the SERVICES contemplated under the AGREEMENT is professional in nature, it is
understood that the CONSULTANT, acting as an individual, partnership, firm or other legal
entity, is of professional status and will be governed by professional ethics in their relationship
to the DEPARTMENT. The DEPARTMENT acknowledges the professional and ethical status
of the CONSULTANT by entering into an AGREEMENT on the basis of their qualifications and
experience and determining their COMPENSATION by mutually satisfactory negotiations.
•
SECTION 1
DEFINITIONS
Wherever used in these Standard AGREEMENT Provisions for CONSULTANT SERVICES
hereinafter referred to as the "STANDARD PROVISIONS", or any documents where these
STANDARD PROVISIONS pertain or govern, the following terms and abbreviations shall be
interpreted as herein set forth:
1.01 AASHTO. The American Association of State Highway and Transportation Officials.
1.02 ACTUAL COSTS. The CONSULTANT'S ACTUAL COSTS, directly attributable and
properly applicable to the conduct of the CONSULTANT'S business in the performance
of the AGREEMENT and in accordance with general accounting practices, including
direct salary costs, direct non-salary costs, indirect salary costs and indirect non-salary
costs.
1.03 ADDITIONAL COMPENSATION. Payment for additional SERVICES.
- 1.04 ADDITIONAL SERVICES. Any minor SERVICE or action required of the
CONSULTANT which is not identified in the AGREEMENT or any SUPPLEMENTAL
AGREEMENT. Minor here means less than 7% of the COMPENSATION for the
PHASE of SERVICES being performed or$50,000 cumulative.
1.05 AGREEMENT. The legal instrument or negotiated CONTRACT defining the obligations
and considerations of the signatory parties. The term "AGREEMENT" includes all
SUPPLEMENTAL AGREEMENTS.
1.06 APPROVING PARTY. Parties other than contracting parties upon whose approval or
acceptance the DEPARTMENT and CONSULTANT must depend in the advancement of
the SERVICES.
1.07 AUTHORITY TO PROCEED. The initial written authorization from the DEPARTMENT
to the CONSULTANT to proceed with the SERVICES.
1.08 BUREAU CHIEF. The DEPARTMENT'S officer named in the AGREEMENT who must
approve any CHANGE or additional SERVICES Authorization.
1.09 CALENDAR DAYS. The total elapsed days including Saturdays, Sundays and Legal
Holidays.
1.10 CHANGE. An addition to, reduction of, or revision in the scope, complexity, character or
duration of the SERVICES identified in either the AGREEMENT or any
SUPPLEMENTAL AGREEMENT.
1.11 COMPENSATION. The monetary amount to be paid by the DEPARTMENT to the
CONSULTANT for SERVICES set forth in the AGREEMENT.
1.12 CONSTRUCTION COST ESTIMATE. The estimated cost of constructing the
PROJECT approved by the Engineer of Design and Environment.
1.13 CONSTRUCTION SECTION. A portion of, or an entire DESIGN SECTION, between
designated limits, for which separate construction plans are to be prepared.
1.14 CONSULTANT. The individual or firm providing engineering and design related
• • SERVICES as a party to the AGREEMENT.
1.15 CONTRACT. The written AGREEMENT between the DEPARTMENT and the
CONSULTANT setting forth the obligations of the parties, including, but not limited to,
the performance of the SERVICES, the furnishing of labor and materials, and the basis
of payment (See AGREEMENT).
1.16 CONTRACTOR. The individual, firm, partnership, or corporation contracting with the
DEPARTMENT for performance of the prescribed WORK (construction activities).
1.17 CRITICAL PATH METHOD (CPM). A technique for determining the interrelationship
and sequence of various activities in achieving a result within a specific time.
1.18 DAMAGES. The direct costs that follow proximately from a breach of the standard of
care set forth in Section 2.26. Direct costs include, but are not limited to, all actual costs
to correct WORK affected by a breach, and all delay and other time-related costs paid
by the DEPARTMENT because of a breach. The total direct costs will not include the
value of any betterment resulting from the correction of the WORK, or those costs that
would have been incurred had an omitted feature, system or equipment been made a
part of the CONTRACT let to the CONTRACTOR to perform the WORK. The
CONSULTANT will be liable for special or consequential damages in addition to
DAMAGES when special circumstances and conditions are expressly recognized by the
CONSULTANT and the DEPARTMENT, and the intent for the CONSULTANT to be
liable for said damages is expressly set forth in this AGREEMENT. This definition does
not apply to Sections 2.62 and 2.63.
1.19 DATES OF SUBMISSION, ACCEPTANCE AND REVIEW TIME. The date of a
submission by the CONSULTANT is the date on which it reaches the DEPARTMENT. A
review by the DEPARTMENT and APPROVING PARTY, if any, determines whether a
submission is acceptable. The date of written notice of acceptance from the
DEPARTMENT to the CONSULTANT is the date of acceptance.
1.20 DEPARTMENT. The Department of Transportation of the State of Illinois.
1.21 DESIGN SECTION. A geographic location or area between designated termini or limits
for which the professional SERVICES specified in the AGREEMENT are to be
performed by the CONSULTANT.
1.22 DIRECTOR. The DIRECTOR of the Division or Office of the DEPARTMENT who is in
charge of the SERVICES under the AGREEMENT.
1.23 DISTRICT ENGINEER. The Individual of the DEPARTMENT who has jurisdiction over
the SERVICES of a State's District.
1.24 ERROR. A failure to provide professional SERVICES in accordance with that degree of
care and skill ordinarily exercised under similar conditions excluding, however,
OMISSIONS.
1.25 EXTRA TASK ORDER. A written authorization of Extra SERVICES negotiated in
accordance with the terms of the AGREEMENT and approved by the BUREAU CHIEF.
1.26 FHWA. The Federal Highway Administration of the United States Department of
Transportation (DOT). FAPG is Federal-Aid Policy Guide.
2
1.27 FIELD AND OFFICE CHECK (F&OC). An official and comprehensive review of the
acceptability of the SERVICES, conducted by the DEPARTMENT, the CONSULTANT
and the APPROVING PARTY, for the purposes of determining the completeness of the
plans and their presentation and for documenting the requirements necessary to
complete the final detailed construction contract plans and right-of-way plans.
1.28 FIXED FEE. A negotiated dollar amount to cover profit and business expenses not paid
for otherwise.
1.29 KEY PERSONNEL. The CONSULTANT'S personnel specified in the STATEMENT OF
INTEREST and in the AGREEMENT who are considered essential to the SERVICES
being performed.
1.30 LIAISON MANAGERS. The duly authorized representatives of the DEPARTMENT and
the CONSULTANT charged with the day-to-day administration of the terms of the
•
AGREEMENT. For most PROJECTS this will be the Project Manager.
1.31 NEGLIGENCE. The OMISSION or neglect of reasonable precaution, care or action in
accordance with that degree of care and skill ordinarily exercised under similar
conditions.
1.32 OMISSION. A failure to provide professional SERVICES in accordance with that degree
of care and skill ordinarily exercised under similar conditions whereby there is a failure
to indicate on drawings, specifications or other products of professional SERVICES the
requirement for a feature, system or equipment, which is necessary to the complete
function of a PROJECT. This definition does not apply to Sections 2.62 and 2.63.
1.33 PS&E. Plans, Specifications and Estimates for the PROJECT.
1.34 PHASE. A portion of the SERVICES segregated in the AGREEMENT for sequencing
purposes (i.e., such as a corridor report, design report or contract plans).
1.35 PROFESSIONAL TRANSPORTATION BULLETIN. The official Notice of the
DEPARTMENT'S need for Architectural/Engineering Professional SERVICES.
1.36 PROGRESS REPORT. A comprehensive description submitted by the CONSULTANT,
in a form and at intervals specified by the DEPARTMENT, comparing actual progress
with scheduled progress.
1.37 PROJECT. The proposed development which is the subject of the SERVICES
stipulated in the AGREEMENT. It may be comprised of one or more Design or
CONSTRUCTION SECTIONS.
1.38 PROJECT SCHEDULE. A comprehensive description of all significant SERVICES
required of the CONSULTANT and of all actions required of the DEPARTMENT and
Approving Parties by the obligations of the AGREEMENT, together with the durations
and/or dates for performing these SERVICES and actions.
1.39 QUALITY ASSURANCE. All those planned and systematic actions to provide adequate
confidence that a structure, system, or component will perform satisfactorily in service.
1.40 QUALITY CONTROL. A system for maintaining desired standards in a product or
process, especially by inspecting samples of the product.
3
, 1.41 RECORD DOCUMENTS. The documents sealed by a person, duly licensed or
registered in the appropriate category by the Department of Professional Regulation of
• the State of Illinois, will be the Documents of Record for the PROJECT. Documents
reproduced by any method shall not supersede the Document of Record.
1.42 SCOPE OF SERVICES. All SERVICES and actions required of the CONSULTANT by
the obligations of the AGREEMENT.
1.43 SERVICES. SERVICES provided by a CONSULTANT or in their behalf in the
performance of studies, surveys, assessments, evaluations, consultations, inspections,
scheduling, sequencing, or training; and/or:
The preparation of reports, opinions, recommendations, permit applications, maps,
drawings, designs, specifications, manuals, instructions, computer programs for
designated systems, or review of construction change orders; or
The sampling, testing, monitoring, or QUALITY CONTROL necessary to perform any of
the SERVICES listed above.
SERVICES do not include construction WORK.
- 1.44 SPECIFIC RATES OF COMPENSATION. Specific hourly rates at which the
CONSULTANT is to be paid for each class of employee directly engaged in SERVICES.
Such rates of pay include the CONSULTANT'S payroll, overhead and FIXED FEE.
1.45 STATEMENT OF INTEREST. The CONSULTANT'S written communication expressing
their desire to be considered for selection of SERVICES advertised in the
PROFESSIONAL TRANSPORTATION BULLETIN.
1.46 SUBCONSULTANT. Any independent professional firm, person or organization who,
with the approval of the DEPARTMENT, performs a part of the SERVICES for the
CONSULTANT.
1.47 SUPPLEMENTAL AGREEMENT. An AGREEMENT modifying the existing
AGREEMENT.
1.48 SUPPLEMENTAL SERVICES. Identifiable but indeterminate SERVICES set forth in the
AGREEMENT that are separate and distinct from those covered by the Prime
AGREEMENT and which the DEPARTMENT has the option to authorize.
1.49 TS&L. Bridge and structure "type", "size" and "location" drawings.
1.50 TOTAL AGREEMENT AMOUNT. The costs of all SERVICES including
SUBCONSULTANTS for a specific PHASE of an AGREEMENT.
1.51 UNIT OF WORK. A measurement of WORK or SERVICES, such as Kilometers (miles)
of centerline or base line, meters (feet) of borings, geotechnical or sub-surface
exploration testing and sampling, laboratory testing, and ground radar penetration.
1.52 UPPER LIMIT OF COMPENSATION. The total COMPENSATION in Actual Cost and
Direct Labor Multiple AGREEMENTS which cannot be exceeded without revising the
AGREEMENT.
1.53 WORK. Services, labor, materials, transportation and equipment necessary for the
construction of the PROJECT to be provided by a construction CONTRACTOR. WORK
4
. •
. •
includes sole responsibility for all construction means, methods and procedures and
construction site safety.
1.54 WORKING DAYS. Total elapsed days with the exception of Saturdays, Sundays and
Holidays recognized by the DEPARTMENT.
1.55 TASK ORDER. A written authorization by the DEPARTMENT to the CONSULTANT to
proceed with the SERVICES for each separate job issued under the miscellaneous
TASK ORDER AGREEMENT.
5
SECTION 2
GENERAL CLAUSES AND COVENANTS
2.1 CONSULTANT OFFICE AND PERSONNEL REQUIREMENTS
2.10 THE CONSULTANT OFFICE
If, in the judgment of the DEPARTMENT, the character of the SERVICES require that
the CONSULTANT maintain an office within the vicinity of the PROJECT, the
• DEPARTMENT will so inform the CONSULTANT prior to completing the negotiation of
the AGREEMENT.
2.11 ENDORSEMENT OF DOCUMENTS
The CONSULTANT will endorse and seal all final draft reports, contract plans, maps,
right-of-way plats, special provisions for construction contract documents and final cost
estimates. Such endorsements must be made by a person, duly licensed or registered
in the appropriate category by the Department of Professional Regulation of the State of
Illinois, being in the full-time employ of the CONSULTANT and responsible for the
portion of the SERVICES for which license registration is required. These sealed
documents will serve as the RECORD DOCUMENTS for the SERVICES covered by the
terms of the AGREEMENT.
2.12 QUALIFICATION OF PERSONNEL
a) The CONSULTANT shall employ only persons duly licensed or registered in the
appropriate category in responsible charge of all elements of the SERVICES, for
which Illinois Statutes require license or registration, and further shall employ only
well qualified persons in responsible charge of any elements of the SERVICES, all
subject to DEPARTMENT approval.
b) The CONSULTANT'S KEY PERSONNEL specified by name in the AGREEMENT
shall be considered essential to the SERVICES being performed. If, for any reason,
substitution of a key person becomes necessary, the CONSULTANT shall provide
advance written notification of the substitution to the BUREAU CHIEF. Such written
notification shall include the proposed successor's name and resume of their
qualifications. The DEPARTMENT shall have the right to approve or reject the
proposed successor.
c) The CONSULTANT shall report within 15 WORKING DAYS that a key person is no
longer employed by the consultant and hence will no longer be available to perform
SERVICES on the PROJECT. The CONSULTANT shall provide the successor's
name and resume expeditiously, but within 60 days of the key person no longer
being available.
d) The CONSULTANT'S failure to comply with this section may result in termination of
the AGREEMENT and/or loss of prequalification.
2.13 QUALITY ASSURANCE AND QUALITY CONTROL (QA/QC) PLAN
The CONSULTANTS QUALITY ASSURANCE and QUALITY CONTROL (QA/QC) Plan
for this PROJECT was presented by the CONSULTANT during the negotiation process
and was accepted by the DEPARTMENT. The CONSULTANT must adhere to this
QA/QC Plan. Failure to follow the QA/QC Plan could result in termination, changes to
the prequalification status and the loss of all or part of the COMPENSATION associated
with the QA/QC Plan.
6
The CONSULTANT will be required to indicate in writing that there was compliance with
the approved plan. The statement of compliance must be sent to the administrating
district or office at each milestone submittal (preliminary plans, draft reports, soil report,
drainage study, etc.)
This statement of compliance can be in a form of an additional statement in the
transmittal letter when submitting the preliminary plans or draft report to the
DEPARTMENT. However, the final statement of compliance shall be on the form
prescribed by the DEPARTMENT.
The QA/QC Plan may be modified by the CONSULTANT. Written acceptance of this
• modified QA/QC Plan must be signed by the DEPARTMENT'S LIAISON MANAGER.
2.14 EMPLOYMENT OF THE DEPARTMENT'S PERSONNEL
The CONSULTANT will not employ any person or persons currently employed by the
DEPARTMENT for any SERVICES required by the terms of the AGREEMENT without
the written permission of the DEPARTMENT.
2.15 COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that they have not employed or retained any company or
person other than a bona fide employee working solely for the CONSULTANT to solicit
or secure the AGREEMENT, and that they have not paid or agreed to pay any company
or person other than a bona fide employee working solely for the CONSULTANT any
fee, commission, percentage, brokerage fee, gift or other consideration contingent upon
or resulting from the award or making of the AGREEMENT. For breach or violation of
their warranty, the DEPARTMENT shall have the right to annul the AGREEMENT
without liability or, in its discretion, to deduct from the AGREEMENT price or
consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
2.16 COVENANT OF INTEREST
The CONSULTANT covenants that they have no public or private interest and shall not
acquire directly or indirectly any such interest which would conflict in any manner with
the performance of their SERVICES under the AGREEMENT.
2.17 CONTINUING OBLIGATION
The CONSULTANT agrees that if, because of death or any other occurrence, it
becomes impossible for any principal or principals of the CONSULTANT to render the
SERVICES set forth in the AGREEMENT, neither the CONSULTANT nor the surviving
principals shall be relieved of their obligations to complete performance thereunder.
However, in such an occurrence, the DEPARTMENT at its own option may terminate
the AGREEMENT if it is not furnished competent evidence that the SERVICES can still
be acceptably finished as scheduled.
2.2 SERVICE REQUIREMENTS
2.20 AUTHORIZATION AND APPROVAL
SERVICES to be performed by the CONSULTANT under the AGREEMENT shall begin
within five days after date of AUTHORITY TO PROCEED. The DEPARTMENT is not
liable and will not pay the CONSULTANT for any SERVICES performed prior to the date
of AUTHORITY TO PROCEED.
2.21 PROGRESS REPORTS AND ADJUSTMENTS TO PROJECT SCHEDULE
a) The CONSULTANT and the DEPARTMENT agree to meet the PROJECT
SCHEDULE in the AGREEMENT. Timeliness in meeting the PROJECT
SCHEDULE is a factor that will be considered in the CONSULTANT'S performance
rating. An unfavorable performance rating is a penalty that will be reflected when
future assignments are being considered.
b) On preliminary engineering PROJECTS, the CONSULTANT will submit a monthly
PROGRESS REPORT to the DEPARTMENT by the tenth day of each month,
showing progress to the first day of the month in comparison to the PROJECT
SCHEDULE in the format required by the DEPARTMENT. However, if agreed to by
the CONSULTANT and the LIAISON MANAGER, the PROGRESS REPORT may be
submitted on a four (4) week cycle rather than a monthly cycle. The PROGRESS
REPORT shall show scheduled periods for each of the elements of the
CONSULTANT'S SERVICES. Prior to starting the SERVICES, the CONSULTANT
shall agree with the DEPARTMENT on the percentage that each SERVICE element
is of the whole. PROGRESS REPORTS will include a statement summarizing the
SERVICES performed during the Report period and an outline of the SERVICE
expected to be performed during the following period.
On construction engineering PROJECTS, the PROJECT SCHEDULE is the
construction contract schedule and PROGRESS REPORTS are not necessary.
c) The CONSULTANT may be required to meet with DEPARTMENT staff on a
monthly or bi-monthly basis to discuss the progress of SERVICES accomplished to
date and the proposed direction the study will take the following months. A
monthly or bi-monthly progress meeting can be canceled by
notification from the DEPARTMENT.
d) In the event of delays due to unforeseeable causes beyond the control of and
without fault or negligence of the CONSULTANT (such as acts of God or a public
enemy, acts of the DEPARTMENT or APPROVING PARTY not resulting from the
CONSULTANT'S unacceptable SERVICES, fire, strikes, flood and the like) no claim
for DAMAGES shall be made by either party. The anticipated date of completion of
the SERVICES, including review time (if applicable), will be stated in the
AGREEMENT. Termination of the AGREEMENT or adjustment of the fee for the
remaining SERVICES may be requested by either party if overall delay from only
these unforeseeable causes prevents completion of the SERVICES within six
months after this specified completion date.
The request for an adjustment must be made in writing after the six months have
elapsed, and only the SERVICES remaining at that time, shall be adjusted.
8
•
e) If delays occur due to any cause preventing compliance with the PROJECT
SCHEDULE, the CONSULTANT, except on construction engineering PROJECTS,
shall apply in writing to the DEPARTMENT for an extension of time. If approved, the
PROJECT SCHEDULE shall be revised accordingly. Such extension of time of
completion shall in no way be construed to operate as a waiver on the part of the
DEPARTMENT of any of its rights in the AGREEMENT.
2.22 RELATIONSHIP WITH OTHERS
The CONSULTANT shall cooperate fully with the DEPARTMENT, CONSULTANTS on
adjacent PROJECTS, municipalities and local government officials, public utility
companies and others as may be directed by the DEPARTMENT. These shall include
attendance at meetings, discussions and hearings as requested by the DEPARTMENT.
The FHWA shall have access to the SERVICES and shall be furnished information as
their interests may require.
2.23 RIGHT TO ENTER
In accordance with DEPARTMENT practices, the CONSULTANT will notify all property
owners of intent to enter for subsurface utility engineering, subsurface investigations,
surveys, or field investigations and will furnish a detailed record of all such contacts to
the DEPARTMENT on a monthly basis. If owners cannot be found, the occupant will be
notified. The DEPARTMENT will supply requested documents identifying the
CONSULTANT as the DEPARTMENT'S agent. If the property owner or occupant
denies the CONSULTANT permission to enter or if neither can be found, such incident
will be reported to the DEPARTMENT. The DEPARTMENT will initiate necessary
procedures after receipt of such report.
2.24 SUBLETTING, ASSIGNMENT OR TRANSFER
a) Neither this AGREEMENT nor any portion of the SERVICES under the
AGREEMENT shall be sublet, sold, transferred, assigned or otherwise disposed of
to other firms or successors in interest except with prior written consent of the
DEPARTMENT. The DEPARTMENT'S written consent shall in no way relieve the
CONSULTANT from their primary responsibility for the performance and accuracy of
the SERVICES. Subcontracting more than 50% of the SERVICES will not be
allowed, except in special cases where it can be justified.
b) SUBCONSULTANTS must be prequalified in accordance with the DEPARTMENT
requirements. For specialized SERVICES that are required but which do not fall into
the areas of prequalification of the DEPARTMENT, a non-prequalified firm may be
used with DEPARTMENT approval.
c) A copy of the signed and dated subagreement must be furnished to the
DEPARTMENT and approved before any payments will be made to the
CONSULTANT for SUBCONSULTANT SERVICES.
d) The DEPARTMENT will not reimburse the CONSULTANT any amount in excess of
their actual payments to the SUBCONSULTANT made within the limits and
provisions of the subagreement approved by the DEPARTMENT. The
CONSULTANT'S costs for administering and supervising the SUBCONSULTANT'S
SERVICES are eligible for payment but no profit to the CONSULTANT will be
permitted on the cost of the SUBCONSULTANT.
9
e) No DEPARTMENT approval of the subagreement will be necessary to employ an
• individual professional specialist on a per diem basis or to utilize nonprofessional
SERVICES such as reproductions, printing, scale models and other routine
SERVICES normally performed or provided by others, provided that payment for
such SERVICES is already included in the COMPENSATION.
f) The CONSULTANT will include clauses in its subagreement with any
SUBCONSULTANT that stipulates that the SERVICES under the AGREEMENT
shall not be sublet, sold, transferred, assigned or otherwise disposed of to other
firms except with prior written consent of the DEPARTMENT.
2.25 PUBLIC UTILITIES
a) Where facilities of utility companies, other than railroads, require rearrangement in
connection with the proposed construction, the CONSULTANT shall make the
necessary contacts and confer with the owners regarding the requisite revisions in
their facilities, apprising the DEPARTMENT of the results of all such contacts. The
CONSULTANT'S contacts with railroads shall be made only through the DISTRICT
ENGINEER.
b) The CONSULTANT shall make no commitments binding upon the DEPARTMENT.
The DEPARTMENT will conduct all negotiations with utilities and railroads. The
CONSULTANT will participate in such negotiations when requested by the
DEPARTMENT.
c) These provisions do not apply to construction engineering SERVICES.
2.26 ACCURACY OF PROFESSIONAL SERVICES AND PROFESSIONAL LIABILITY
INSURANCE
a) The CONSULTANT and DEPARTMENT agree to work together on a basis of trust,
good faith and fair dealing to achieve the intent of this AGREEMENT. Each party
shall take such actions that are reasonably necessary to enable the accurate
completion of the professional SERVICES and other obligations provided for under
this AGREEMENT as intended in a timely, efficient and economical manner.
b) The CONSULTANT will guard against ERRORS and OMISSIONS in the
performance of the professional SERVICES under this AGREEMENT. The
CONSULTANT will apply appropriate care to the performance of the professional
SERVICES and the preparation of all SERVICE products called for in this
AGREEMENT, including but not limited to, plans and drawings, contract documents
and other instruments to be furnished in the course of performance of the
SERVICES. The CONSULTANT shall be governed by that degree of care,
knowledge, skill, and diligence that other reputable members of the engineering
profession would ordinarily exercise under like circumstances within the State of
Illinois. The CONSULTANT will be responsible to the DEPARTMENT for
DAMAGES, arising from ERRORS and OMISSIONS caused by the
CONSULTANT'S NEGLIGENCE in the performance of the professional SERVICES
and preparation of SERVICE products under this AGREEMENT. When agreed, the
CONSULTANT will be liable for special or consequential damages defined in the
AGREEMENT.
c) Acceptance of the SERVICES will not relieve the CONSULTANT of the responsibility
for subsequent correction of any such ERRORS, OMISSIONS, and/or negligent acts
10
or of his/her liability for loss or damage resulting therefrom. In the event any dispute
or claim, related to construction or the construction contracts, should arise between
• ' any of the parties to this AGREEMENT, each party agrees to exercise good faith
efforts to resolve the matter fairly, amicably and in a timely manner.
d) This AGREEMENT shall continue as an open CONTRACT and the obligations
created herein shall remain in full force and effect until the completion of
construction or any PHASE of professional SERVICES performed by others based
upon SERVICES or SERVICE product provided by the CONSULTANT. All
obligations of the CONSULTANT accepted under this AGREEMENT shall cease if
construction or subsequent professional SERVICES are not commenced within 5
years after final delivery of professional SERVICES or work product pursuant to this
AG REEMENT.
e) At any time during construction or during any PHASE of professional SERVICES
performed by others based on SERVICES or SERVICE product provided by the
CONSULTANT, the CONSULTANT will confer with the DEPARTMENT and others
upon request for the purpose of interpretation or providing clarification of the
SERVICES or work product provided by the CONSULTANT.
f) The DEPARTMENT will notify the CONSULTANT of any ERROR or OMISSION
believed by the DEPARTMENT to be caused by the NEGLIGENCE of the
CONSULTANT as soon as practicable after discovery. Notification may be given by
the most practical means deemed suitable by the DEPARTMENT. The
CONSULTANT will designate and keep current the name of an individual with proper
address and telephone number for purposes of notification hereunder. The
notification will advise the CONSULTANT of the nature of the matter, the action
sought from the CONSULTANT and the time constraints required for response. The
CONSULTANT agrees to contact the DEPARTMENT promptly in accordance with
the time constraints contained in the notification, to undertake necessary
construction site visits and inspections, to dispatch personnel to appropriate
DEPARTMENT office locations for resolution purposes, and to complete all
corrective work necessary to resolve the matter notwithstanding any disagreement
or dispute as to NEGLIGENCE. In the event it is later determined that the
CONSULTANT was not negligent, the CONSULTANT will be compensated for
additional services performed in accordance with the payment provisions of this
AGREEMENT. The DEPARTMENT reserves the right to take immediate action to
remedy any ERROR or OMISSION if notification is not successful; if the
CONSULTANT fails to respond to a notification; or if the conditions created by the
ERROR or OMISSION are in need of urgent correction to avoid accumulation of
additional construction costs or damage to state property and reasonable notice is
not practicable.
g) Any dispute in the interpretation of the provisions of the AGREEMENT or the
damages accessed due to Consultant ERRORS OR OMISSIONS shall be settled
through negotiation between the LIAISON MANAGERS of the signatory parties. If
they cannot agree, the dispute will be referred through proper administrative
channels to the DEPARTMENT. The DEPARTMENT shall decide all claims,
questions and disputes and the decision shall be final. The DEPARTMENT may
request the Consultant firm file a claim for adjudication by the Court of Claims within
60 days after the date of the written response. This shall not be construed to
abrogate the CONSULTANT'S rights under the law.
h) Professional Liability Insurance. This policy will provide coverage for all claims the
CONSULTANT shall become legally obligated to pay resulting from any negligent
11
act, ERROR or OMISSION related to CONSULTANT'S professional SERVICES
required under this AGREEMENT.
Construction Cost under $1,000,000, (Preliminary Engineering Cost less than
$100,000),
$250,000 per occurrence
$250,000 aggregate
Construction Cost under $10,000,000, (Preliminary Engineering Cost less than
$1,000,000)
$500,000 per occurrence
$1,000,000 aggregate
Construction Cost over $10,000,000, (Preliminary Engineering Cost over
$1,000,000)
$1,000,000 per occurrence
•
$2,000,000 aggregate
2.27 POLICIES AND PROCEDURES
a) The CONSULTANT shall perform the SERVICES required under the AGREEMENT
in accordance with the policies and procedures of the publications listed below, in
effect at the time of the AGREEMENT. In case of conflict in the references, the
CONSULTANT shall identify them to the DEPARTMENT and follow the instructions
furnished by the DEPARTMENT.
b) DEPARTMENT'S PUBLICATIONS:
(1) General
Design and Environment Manual
Design Memorandums
Bureau of Location and Environment Procedures Memorandum
Bureau of Design and Environment Procedures Memorandum
Bureau of Design and Environment Technical Environmental
Memorandum
(2) Access Control/Access Management
BDE Manual Chapter 35
Policy on Permits for Access
Driveways to State Highways
Policy on Permits for Low Volume
Access Driveways to State Highways
(3) Bridges and Structures
BBS-1 Bridge Manual
BBS-2 Geotechnical Manual
BBS-3 Prestressed Concrete Manual
BBS-4 Culvert Design Manual
BBS-5 Sign Structure Manual
BBS-6 Illinois Highway Drainage Policy
BBS-7 Drainage Manual
Structural Services Manual
(4) Environmental
Policy on the Design & Environment Manual
12
BDE Manual Part III
LEN-3 Policy on Borrow/Use Areas
• LEN-4 Policy on Traffic Noise & Vibration Manual
LEN-5 Policy on Preservation of Archaeological & Other Objects of
Antiquity
LEN-6 Policy on Socio-Economic Impact Assessment Manual
LEN-7 Policy on Ecological & Natural Resources Manual
LEN-8 Policy on Air Quality Manual
LEN-9 Policy on Water Quality Manual
LEN-10 Processing Access Control Revisions for Freeways on the State
Highway System
LEN-11 Contacting the Corps of Engineers for Dredging, Filling, & Other
Work in Water in the U.S.
LEN-12 Coordination of Environmental Resource Surveys & Studies
LEN-13 Policy on Identifying & Responding to Hazardous Substances,
Hazardous Waste & Special Wastes in Highway Project
Development
LEN-14 Policy on Removal and Replacement of Trees
(5) Highway Construction
DES-6 Standard Specifications For Road & Bridge Construction
DES-7 Highway Standards
DES-10 Coded Pay Items Book
DES-13 Computer Aided Drafting
CON-1 Construction Manual
TRA-1 Traffic Control through Construction and Maintenance Work
Zones
TRA-11 Standard Specification for Road and Bridge Construction
TRA-10 Illinois Manual of Uniform Traffic Control Devices
LAC-1 Land Acquisition Policies and Procedures
MAT-5 Manual of Instructions for Bituminous Proportioning and Testing
MAT-6 Manual for Aggregate Inspection
MAT-8 Manual of Instructions for Concrete Proportioning and Testing
MAT-10 Highway Subgrade Stability Manual
MAT-13 Manual of Test Procedures for Material
Policy on the Accommodation of Utilities on Right of Way of the
State Highway System
(6) Other Directives current at the time of the AGREEMENT and made available to
the CONSULTANT.
c) FHWA'S PUBLICATIONS - All applicable portions of the Federal-Aid Policy Guide
including:
(1) Chapter I, Subchapter H, Part 771 (Right-of-Way and Environment)
Environmental Impact and Related Procedures.
(2) Chapter I, Subchapter H, Part 772 (Right-of-Way and Environment) Procedures
for Abatement of Highway Traffic Noise and Construction Noise.
13
(3) Chapter I, Subchapter H, Parts 710, 712, 740 (Right-of-Way and Environment)
Right-of-Way General, The Acquisition Function, Relocation Assistance.
(4) Chapter I, Subchapter B, Part 172 (Payment Procedures) Administration of
Engineering and Design Related Service Contracts.
(5) Chapter I, Subchapter G, Part 625 (Engineering and Traffic Operations) Design
Standards for Highways.
(6) Chapter I, Subchapter G, Part 630, Subpart B (Engineering and Traffic
Operations) Plans, Specifications, and Estimates.
(7) Chapter I, Subchapter G, Part 650 (Engineering and Traffic Operations) Bridges,
Structures, and Hydraulics.
(8) Chapter I, Subchapter G, Part 650, Subpart A (Engineering and Traffic
Operations) Location and Hydraulic Design of Encroachments on Flood Plains.
d) OTHER PUBLICATIONS
(1) The AASHTO Standards, Policies and Guides and other Standards listed in
FAPG, Transmittal 1, Chapter 1, Subchapter G, Part 625.
(2) Reference Guide Outline, Specifications for Aerial Surveys and Mapping by
Photogrammetric Methods for Highways, prepared by the American Society of
Photogrammetry.
2.28 REVIEWS AND ACCEPTANCES
SERVICES performed by the CONSULTANT shall be subject to review and acceptance
in stages as required by the DEPARTMENT. The DEPARTMENT reserves the right to
review and to accept on the part of FHWA and other affected public agencies, railroads
and utilities insofar as the interest of each is concerned. Acceptance shall not relieve
the CONSULTANT of their professional obligation to correct at their expense any
ERROR, OMISSIONS and/or negligent acts in their SERVICES or of their liability for the
losses resulting therefrom as set forth in Section 2.26.
2.29 REVISIONS OF PLANS, SPECIFICATIONS OR ESTIMATES
a) The DEPARTMENT may, upon written notice and without invalidating the
AGREEMENT, require changes resulting in the revision or abandonment of
SERVICES already performed by the CONSULTANT or require other elements of
SERVICE not originally contemplated and for which full COMPENSATION is not
provided in any portion of the AGREEMENT.
b) The value of such changes, to the extent not reflected in other COMPENSATION to
the CONSULTANT, shall be determined by the contracting and approving parties in
accordance with methods of payment set forth in the AGREEMENT, and the
COMPENSATION shall be adjusted accordingly. The DEPARTMENT is not
obligated to pay the CONSULTANT for SERVICES performed on CHANGES prior to
authorization by the BUREAU CHIEF.
2.30 CADD FILES
MicroStation TM by Bentley Systems, Incorporated is the DEPARTMENT'S standard
software for Computer Aided Drafting and Design (CADD). It is required that all files be
in MicroStation format when delivered with contracted CONSULTANT files. All files
received are required to function in the MicroStation environment without need for post-
14
processing or any adjustments. Any supporting resource files or libraries shall be noted
• and provided with the submission of CADD documents. Refer to the IDOT Internet web
site (http://www.dot.state.il.us) and the PROFESSIONAL TRANSPORTATION
BULLETIN for the current software and file versions to use for documents.
Geopak TM software by GEOPAK Corporation is the DEPARTMENT'S required
standard for automated roadway design.
2.4 LEGAL OBLIGATIONS
2.40 COMPLIANCE WITH STATE AND OTHER LAWS
The CONSULTANT shall at all times observe and comply with all Federal and State
laws, local laws, orders, ordinances and regulations which in any manner affect the
conduct of SERVICES, or which may have an affect over the PROJECT. The
CONSULTANT shall indemnify and save harmless the State and all of its officers,
agents, employees and servants against any claim or liability arising from or based on
the breach of such law, ordinance, regulation, order, whether by the CONSULTANT or
anyone subject to the control of the CONSULTANT. A new law change may cause an
increase in the cost and result in a SUPPLEMENTAL AGREEMENT.
The assurances hereinafter made by the CONSULTANT are each a
material representation of fact upon which reliance is placed by the DEPARTMENT in
entering into this CONTRACT. The DEPARTMENT may terminate the CONTRACT if
it is later determined that the CONSULTANT rendered a false or erroneous assurance.
2.41 FELONS.
Section 50-10 of the Illinois Procurement Code provides that unless otherwise provided,
no person or business convicted of a felony shall do business with the State of Illinois or
any state agency from the date of conviction until 5 years after the date of completion of
the sentence for that felony, unless no person held responsible by a prosecutorial office
for the facts upon which the conviction was based continues to have any involvement
with the business. The CONSULTANT certifies that the award and/or execution of this
CONTRACT would not cause any violation of Section 50-10 of the Code.
2.42 CONFLICTS OF INTEREST.
Section 50-13 of the Illinois Procurement Code provides that: (a) it is unlawful for any
person holding an elective office in this State, holding a seat in the General Assembly,
or appointed to or employed in any of the offices or agencies of state government and
who receives COMPENSATION for such employment in excess of 60% of the salary of
the Governor of the State of Illinois, or who is an officer or employee of the Capital
Development Board or the Illinois Toll Highway Authority, or who is the spouse or minor
child of any such person to have or acquire any contract, or any direct pecuniary interest
in any contract therein, whether for stationery, printing, paper, or any SERVICES,
materials, or supplies, that will be wholly or partially satisfied by the payment of funds
appropriated by the General Assembly of the State of Illinois or in any contract of the
Capital Development Board or the Illinois Toll Highway Authority; (b) that it is unlawful
for any firm, partnership, association, or corporation, in which any person listed in
subsection (a) is entitled to receive: (i) more than 7 1/2% of the total distributable
income or (ii) an amount in excess of the salary of the Governor, to have or acquire any
such contract or direct pecuniary interest therein; (c) that it is unlawful for any firm,
partnership, association, or corporation, in which any person listed in subsection (a)
together with his or her spouse or minor children is entitled to receive (i) more than 15%,
in the aggregate, of the total distributable income or (ii) an amount in excess of 2 times
the salary of the Governor, to have or acquire any such contract or direct pecuniary
interest therein.
15
Nothing in this Section invalidates the provisions of any bond or other security previously
offered or to be offered for sale or sold by or for the State of Illinois.
This Section does not affect the validity of any contract made between the State and an
officer or employee of the State or member of the General Assembly, his or her spouse,
minor child or any combination of those persons if that contract was in existence before
his or her election or employment as an officer, member, or employee. The contract is
voidable, however, if it cannot be completed within 365 days after the officer, member,
or employee takes office or is employed.
The CONSULTANT certifies that the award and/or execution of this CONTRACT would
not cause any violation of Section 50-13 of the Code, or that an effective exemption has
been issued by the Board of Ethics to any individual subject to the Section 50-13
prohibitions pursuant to the provisions of Section 50-20 of the Code and Executive
Order Number 3 (1998). Information concerning the exemption process is available
from the DEPARTMENT upon request.
2.43 NEGOTIATIONS.
Section 50-15 of the Illinois Procurement Code provides, in pertinent part that: (a) it is
unlawful for any person employed in or on a continual contractual relationship with any
of the officers or agencies of State government to participate in contract negotiations on
behalf of that office or agency with any firm, partnership, association, or corporation with
whom that person has a contract for future employment or is negotiating concerning
possible future employment. CONSULTANT certifies that the award and/or execution of
this CONTRACT would not cause any violation of Section 50-15, and that
CONSULTANT has no knowledge of any facts relevant to the kind of acts prohibited by
Section 50-15.
2.44 INDUCEMENTS.
Section 50-25 of the Illinois Procurement Code provides that any person who offers or
pays any money or other valuable thing to any person to induce him or her not to bid on
a State contract is guilty of a Class 4 felony. Any person who accepts any money or
other valuable thing for not bidding on a State contract or who withholds a bid in
consideration of the promise for the payment of money or other valuable thing is guilty
of a Class 4 felony. CONSULTANT certifies that the award and/or execution of this
CONTRACT would not cause any violation of Section 50-25 of the Code, and that the
CONSULTANT has no knowledge of any facts relevant to the kind of acts prohibited by
Section 50-25.
2.45 REVOLVING DOOR PROHIBITION.
Section 50-30 of the Illinois Procurement Code provides that Chief procurement officers,
associate procurement officers, State purchasing officers, their designees whose
principal duties are directly related to State procurement, and executive officers
confirmed by the Senate are expressly prohibited for a period of 2 years after
terminating an affected position from engaging in any procurement activity relating to
the State agency most recently employing them in an affected position for a period of at
least 6 months. The prohibition includes but is not limited to: lobbying the procurement
process; specifying; bidding; proposing bid, proposal, or contract documents; on their
own behalf or on behalf of any firm, partnership, association, or corporation. This
Section applies only to those persons who terminate an affected position on or after
January 15, 1999. CONSULTANT certifies that the award and/or execution of this
CONTRACT would not cause any violation of Section 50-30 of the Code, and that
CONSULTANT has no knowledge of any facts relevant to the kinds of acts prohibited
therein.
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2.46 DISCLOSURE.
Section 50-35 of the Illinois Procurement Code provides that all offers of more than
$10,000 shall be accompanied by disclosure of the financial interests of the offeror.
This disclosed information for the successful offeror, will be maintained as public
information subject to release pursuant to the Freedom of Information Act.
The financial interests to be disclosed shall include ownership or distributive income
share that is in excess of 5.0% or an amount greater than 60% of the annual salary of
the Governor, of the offering entity or its parent entity, whichever is less, unless the
offeror is a publicly traded entity subject to Federal 10K reporting, in which case it may
submit its 10K disclosure in place of the prescribed disclosure. The disclosure shall
include the names, addresses, and dollar or proportionate share of ownership of each
person making the disclosure, their instrument of ownership or beneficial relationship,
and notice of any potential conflict of interest resulting from the current ownership or
beneficial interest of each person making the disclosure having any of the relationships
identified in Section 50-35 and on the disclosure form found on the website at:
http://www.dot.state.il.us
In addition, all disclosures shall indicate any other current or pending contracts,
proposals, leases, or other ongoing procurement relationships the offering entity has
with any other unit of state government and shall clearly identify the unit and the
contract proposal, lease, or other relationship.
2.47 REPORTING ANTI-COMPETITIVE PRACTICES.
Section 50-40 of the Illinois Procurement Code provides that when, for any reason, any
vendor, bidder, CONSULTANT, chief procurement officer, State purchasing officer,
designee, elected official, or State employee suspects collusion or other anti-competitive
practice among any bidders, offerors, CONSULTANTS, proposers, or employees of the
State, a notice of the relevant facts shall be transmitted to the Attorney General and the
chief procurement officer. CONSULTANT certifies that CONSULTANT has not failed to
report any relevant facts concerning the practices addressed in Section 50-40 which
may involve this CONTRACT and any bid submitted thereon.
2.48 CONFIDENTIALITY.
Section 50-45 of the Illinois Procurement Code provides that any chief procurement
officer, State purchasing officer, designee, or executive officer who willfully uses or
allows the use of specifications, competitive bid documents, proprietary competitive
information, proposals, contracts, or selection information to compromise the fairness or
integrity of the procurement, bidding, or contract process shall be subject to immediate
dismissal, regardless of the Personnel code, any contract, or any collective bargaining
AGREEMENT, and may in addition be subject to criminal prosecution. CONSULTANT
certifies that CONSULTANT has no knowledge of any fact relevant to the practices
addressed in Section 50-45 which may involve this CONTRACT and any bid submitted
thereon.
2.49 INSIDER INFORMATION.
Section 50-50 of the Illinois Procurement Code provides that it is unlawful for any
current or former elected or appointed State official or State employee to knowingly use
confidential information available only by virtue of that office or employment for actual or
anticipated gain for themselves or another person. CONSULTANT certifies that
CONSULTANT has no knowledge of any fact relevant to the practices addressed in
Section 50-50 which may involve this CONTRACT and any bid submitted thereon.
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' 2.50 BRIBERY.
Section 50-5 of the Illinois Procurement Code provides that: (a) no person or business
shall be awarded a contract or subcontract under this Code who: (1) has been
convicted under the laws of Illinois or any other state of bribery or attempting to bribe an
officer or employee of the State of Illinois or any other state in that officer's or
employee's official capacity; or (2) has made an admission of guilt of that conduct that is
a matter of record but has not been prosecuted for that conduct.
No business shall be barred from contracting with any unit of State or local government
as a result of a conviction under this Section of any employee or agent of the business if
the employee or agent is no longer employed by the business, and: (1) the business
has been finally adjudicated not guilty; or (2) the business demonstrates to the
governmental entity with which it seeks to contract, and that entity finds that the
commission of the offense was not authorized, requested, commanded, or performed by
a director, officer, or high managerial agent on behalf of the business as provided in
paragraph (2) of subsection (a) of Section 5-4 of the Criminal Code of 1961.
For purposes of this Section, when an official, agent, or employee of a business
committed the bribery or attempted bribery on behalf of the business and in accordance
with the direction or authorization of a responsible official of the business, the business
shall be chargeable with the conduct.
Every bid submitted to and contract executed by the State shall contain a certification by
the CONSULTANT that the CONSULTANT is not barred from being awarded a contract
or subcontract under this Section. A CONSULTANT who makes a false statement,
material to the certification, commits a Class 3 felony. The CONSULTANT certifies that
CONSULTANT is not barred from being awarded a contract under Section 50-5.
2.51 EDUCATIONAL LOAN.
The Educational Loan Default Act provides that no State agency shall contract with an
individual for goods or SERVICES if that individual is in default, as defined by Section 2
of this Act, on an educational loan. Any contract used by a State agency shall include a
statement certifying that the individual is not in default on an educational loan as
provided in this Section. The CONSULTANT, if an individual as opposed to a
corporation, partnership, or other form of business organization, certifies that
CONSULTANT is not in default on an educational loan as provided in Section 3 of the
Act.
2.52 BID RIGGING/BID ROTATING.
Section 33E-11 of the Criminal Code of 1961 provides: (a) that every bid submitted to
and public contract executed pursuant to such bid by the State or a unit of local
government shall contain a certification by the prime CONSULTANT that that the prime
CONSULTANT is not barred from contracting with any unit of State or local government
as a result of a violation of either Section 33E-3 or 33E-4 of the Code. The state and
units of local government shall provide appropriate forms for such certification.
A CONSULTANT who makes a false statement, material to the certification, commits a
Class 3 felony.
A violation of Section 33E-3 would be represented by a conviction of the crime of bid-
rigging which, in addition to Class 3 felony sentencing, provides that any person
convicted of this offense or any similar offense of any state or the United States which
contains the same elements as this offense shall be barred for 5 years from the date of
conviction from contracting with any unit of State or local government. No corporation
18
shall be barred from contracting with any unit of State or local government as a result of
a conviction under this Section of any employee or agent of such corporation if the
• ' employee so convicted is no longer employed by the corporation, and: (1) it has been
finally adjudicated not guilty, or (2) if it demonstrates`to the governmental entity with
which it seeks to contract and that entity finds that the commission of the offense was
neither authorized, requested, commanded, nor performed by a director, officer, or a
high managerial agent on behalf of the corporation.
A violation of Section 33E-4 would be represented by a conviction of the crime of bid-
rotating which, in addition to Class 2 felony sentencing, provides that any person
convicted of this offense or any similar offense of any state or the United States which
contains the same elements as this offense shall be permanently barred from
contracting with any unit of State or local government. No corporation shall be barred
from contracting with any unit of State or local government as a result of a conviction
under this Section of any employee or agent of such corporation if the employee so
convicted is no longer employed by the corporation and: (1) it has been finally
adjudicated not guilty, or (2) if it demonstrates to the governmental entity with which it
seeks to contract and that entity finds that the commission of the offense was neither
authorized, requested, commanded, nor performed by a director, officer, or a high
managerial agent on behalf of the corporation.
The CONSULTANT certifies that the CONSULTANT is not barred from contracting with
the DEPARTMENT by reason of a violation of either Section 33E-3 or Section 33E-4.
2.53 INTERNATIONAL ANTI-BOYCOTT.
Section 5 of the International Anti-Boycott Certification Act provides that every contract
entered into by the State of Illinois for the manufacture, furnishing, or purchasing of
supplies, material, or equipment or for the furnishing of WORK, labor, or SERVICES, in
an amount exceeding the threshold for small purchases according to the purchasing
laws of this State or $10,000, whichever is less, shall contain certification, as a material
condition of the contract, by which the CONSULTANT agrees that neither the
CONSULTANT nor any substantially-owned affiliated company is participating or shall
participate in an international boycott in violation of the provisions of the U.S. Export
Administration Act of 1979 or the regulations of the U.S. DEPARTMENT of Commerce
promulgated under that Act. The CONSULTANT makes the certification set forth in
Section 5 of the Act.
2.54 DRUG FREE WORKPLACE.
The Illinois Drug Free Workplace Act applies to this CONTRACT and it is necessary to
comply with the provisions of the Act if the CONSULTANT is a corporation, partnership,
or other entity (including a sole proprietorship) which has 25 or more employees.
The CONSULTANT certifies that if awarded a CONTRACT in excess of $5,000 it will
provide a drug free workplace by: (a) Publishing a statement notifying employees that
the unlawful manufacture, distribution, dispensation, possession, or use of a controlled
substance, including cannabis, is prohibited in the CONSULTANT'S workplace;
specifying the actions that will be taken against employees for violations of such
prohibition; and notifying the employee that, as a condition of employment on such
CONTRACT, the employee shall abide by the terms of the statement, and 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 the dangers of drug abuse in the
workplace; the CONSULTANT'S policy of maintaining a drug free workplace; any
available drug counseling, rehabilitation, and employee assistance programs; and the
penalties that may be imposed upon employees for drug violations; (c) Providing a copy
19
of the statement required by subparagraph (a) to each employee engaged in the
performance of the CONTRACT and to post the statement in a prominent place in the
workplace; (d) Notifying the DEPARTMENT within ten (10) days after receiving notice
from an employee or otherwise receiving actual notice of the conviction of an employee
for a violation of any criminal drug statute occurring in the workplace; (e) Imposing or
requiring, within thirty (30) days after receiving such notice from an employee of a
conviction or actual notice of such a conviction, an appropriate personnel action, up to
and including termination, or the satisfactory participation in a drug abuse assistance
program approved by a federal, state, or local health, law enforcement, or other
appropriate agency; (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 actions and efforts stated in this
certification.
2.55 CERTIFICATION REGARDING LOBBYING.
CONSULTANT certifies compliance with Section 319 of Public Law 101-102 covering
government-wide restrictions on lobbying, which provides that no federal appropriated
funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any
person for influence or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress or an employee of
a Member of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering into a
cooperative agreement and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
CONSULTANT further certifies that 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 federal agency, a Member of Congress, an officer or
employee of Congress or an employee of a Member of Congress in connection with this
CONTRACT, grant, loan, or cooperative agreement, the CONSULTANT shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed
when the transaction was made or entered into. Submission of this certification is a
prerequisite to making or entering into this transaction imnosed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The CONSULTANT also agrees that CONSULTANT shall require that the language of
this certification will be included in all lower tier subcontracts and that all subcontractors,
will certify and disclose accordingly.
2.56 CONTROL OF PROPERTY.
CONSULTANT certifies that the control, utilization, and disposition of property or
equipment acquired using federal funds is maintained according to the provisions of A-
102 Common Rule.
2.57 COST PRINCIPLES.
The cost principles of this CONTRACT are governed by the cost principles found in Title
48, Code of Federal Regulations, subpart 31; and all costs included in this CONTRACT
are allowable under Title 48, Code of Federal Regulations, Part 31.
2.58 DEBARMENT.
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• . • CONSULTANT certifies that to the best of its knowledge and belief, CONSULTANT and
CONSULTANT'S principals: a) are not presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded from covered transactions by any
federal DEPARTMENT or agency; b) within a three-year period preceding this
CONTRACT have not been convicted of or had a civil judgment rendered against it 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 anti-trust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements or receiving stolen property; c) are not presently indicted for or
•
otherwise criminally or civilly charged by a governmental entity (federal, state, or local)
with commission of any of the offenses enumerated in paragraph 5-40(b); (d) have not
within a three-year period preceding this CONTRACT had one or more public
transactions (federal, state, or local) terminated for cause or default.
The inability of a prospective CONSULTANT to certify to the certification in this section
will not necessarily result in denial of participation in this CONTRACT. The prospective
CONSULTANT shall submit an explanation of why it cannot provide the certification in
this section. This certification is a material representation of fact upon which reliance
was placed when the DEPARTMENT determined whether to enter into this transaction.
If it is later determined that CONSULTANT knowingly rendered an erroneous
certification, in addition to other remedies available to the federal government, the
DEPARTMENT may terminate the CONTRACT for cause. The CONSULTANT shall
provide immediate written notice to the DEPARTMENT if at any time the CONSULTANT
learns that its certification was erroneous by reason of changed circumstances. The
terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered
transaction", "principal", "proposal", and "voluntarily excluded", as used in this Article
shall have the meaning set out in the Definitions and Coverage sections of the rules
implementing Executive Order 12549.
The CONSULTANT agrees that it shall not knowingly enter into any lower tier
covered transaction when a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized,
in writing by the DEPARTMENT. The CONSULTANT agrees that it will include the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion-Lower Tier Covered Transaction", provided by the DEPARTMENT,
without modification, in all lower-tier covered transactions and in all solicitations
for lower-tier covered transactions. The CONSULTANT may rely upon a
certification of a prospective participant in a lower-tier covered transaction that it is
not debarred, suspended, ineligible or voluntarily excluded from the covered
transaction, unless CONSULTANT knows the certification is erroneous.
CONSULTANT may decide the method and frequency by which it determines the
eligibility of its principals. Each CONSULTANT may, but is not required to, check the
Nonprocurement List. If a CONSULTANT knowingly enters into a lower-tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation, in addition to other remedies available to the federal
government, the DEPARTMENT may terminate the CONTRACT for cause or default.
Nothing contained in this Section shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
Section. The knowledge and information of a CONSULTANT is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of business
dealings.
2.59 COST ACCOUNTING STANDARDS.
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b) Commercial General Liability. Required liability insurance coverage shall be written
in the occurrence form and shall provide coverage for the operations of the
' CONSULTANT: operations of SUBCONSULTANTS (contingent or protective
liability); completed operations; broad form property damage; and contractual
liability. The general aggregate limits shall be endorsed on a per PROJECT basis.
(1) General Aggregate Limit $2,000,000
(2) Each Occurrence Limit $1,000,000
The coverage shall provide by an endorsement in the appropriate manner and form,
the DEPARTMENT, its officers and employees shall be named as additional insured
with respect to the policies and operations performed. The DEPARTMENT may
accept a separate owner's protective liability policy provided all coverage, limits and
endorsements are in conformity with this Section.
c) Commercial Automobile Liability. The policy shall cover owned, non-owned and
hired vehicles.
Bodily Injury & Property Damage
Liability Limit Each Occurrence $1,000,000
d) Umbrella Liability. Any policy shall provide excess limits over and above the other
insurance limits stated in this Section. The CONSULTANT may purchase insurance
for the full limits required or by a combination of primary policies for lesser limits and
remaining limits provided by the umbrella policy.
e) Such insurance shall be maintained in full force and effect during the life of the
AGREEMENT and shall protect the CONSULTANT, its employees, agents and
representatives from claims for damages, for personal injury and death and for
damages to property arising in any manner from the negligent act or failure to act by
the CONSULTANT, its employees, agents and representatives in the performance
of the SERVICES and/or WORK.
f) Certificates showing that the CONSULTANT is carrying the above-described
insurance in the specified amounts shall be furnished to the DEPARTMENT before it
is obligated to make any payment to the CONSULTANT for SERVICES and/or
WORK performed under the provisions of the AGREEMENT. The certificates shall
provide that the policies shall not be changed or cancelled during the life of the
AGREEMENT until 30 days advance written notice to the DEPARTMENT has
elapsed.
2.63 INDEMNIFICATION OTHER THAN PROFESSIONAL SERVICES
To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold
harmless the DEPARTMENT, its officers and employees from and against all claims,
damages, losses and expenses, including, but not limited to attorney's fees and costs of
defense, arising out of or resulting from performance of the SERVICE and/or WORK,
but only to the extent caused in whole or in part by any negligent act or omission of the
CONSULTANT, any SUBCONSULTANT, or anyone directly or indirectly employed by
any of them or anyone whose acts may be liable.
2.64 NONDISCRIMINATION (CIVIL RIGHTS ACT OF 1964)
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During the performance of the AGREEMENT, the CONSULTANT agrees as follows:
a) Compliance with Regulations: The CONSULTANT will comply with the Regulations
of the DEPARTMENT of Transportation related to nondiscrimination in Federally-
assisted programs of the DEPARTMENT of Transportation (Title 49, Code of
Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are
incorporated by reference and made a part of this AGREEMENT.
b) Employment Practices:
(1) The CONSULTANT, in its employment practices, will not discriminate against
any employee or applicant for employment because of race, color, religion, sex,
or national origin. The CONSULTANT will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the DEPARTMENT setting forth the
provisions of their nondiscrimination clause.
(2) The CONSULTANT will, in all solicitations or advertisements for employees
placed by or on behalf of the CONSULTANT, state that all qualified applicants
will receive consideration for employment without regard to race, color, religion,
sex, or national origin.
(3) The CONSULTANT will send to each labor union or representative of workers
with which they have a collective bargaining agreement or other contract or
understanding, a notice to be provided by the DEPARTMENT advising the said
labor union or workers' representative of the CONSULTANT'S commitments
under this Section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(4) The CONSULTANT will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations (41 CFR, Part 60) and relevant
orders of the Secretary of Labor.
(5) The CONSULTANT will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to their books,
records and accounts by the Federal Highway Administration and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules,
regulations and orders.
(6) In the event of the CONSULTANT'S noncompliance with the non-discrimination
clauses of this AGREEMENT or with any of the said rules, regulations or orders,
this AGREEMENT may be canceled, terminated or suspended in whole or in part
and the CONSULTANT may be declared ineligible for further Government
agreements or Federally-assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation or order of
the Secretary of Labor, or as otherwise provided by law.
24
(7) The CONSULTANT will include the provisions of this Section in every
subagreement or purchase order that is initiated because of this AGREEMENT
• specifically for the PROJECT unless exempted by rules, regulations or orders of
the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each
SUBCONSULTANT or vendor. The CONSULTANT will take such action with
respect to any subagreement or purchase order as the DEPARTMENT or the
Federal Highway Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, that in the
event a CONSULTANT becomes involved in, or is threatened with litigation with
a SUBCONSULTANT or vendor as a result of such direction by the Federal
Highway Administration, the CONSULTANT may request the United States to
enter into such litigation to protect the interests of the United States.
c) The CONSULTANT, in its selection of SUBCONSULTANTS, Procurement of
Materials, and Leasing of Equipment:
During the performance of their AGREEMENT, the CONSULTANT, for itself, its
assignees and successors in interest agrees as follows:
(1) Compliance With Regulations: The CONSULTANT shall comply with the
Regulations relative to nondiscrimination in Federally-assisted programs of the
Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as
they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of
their CONTRACT.
(2) Nondiscrimination: The CONSULTANT, with regard to the SERVICES
performed by it during the AGREEMENT, shall not discriminate on the grounds
of race, color, religion, sex or national origin in the selection and retention of
SUBCONSULTANTS, including procurements of materials and leases of
equipment. The CONSULTANT shall not participate either directly or indirectly in
the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the AGREEMENT covers a program set forth in
Appendix B of the Regulations.
(3) Solicitations for SUBCONSULTANTS, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the CONSULTANT for SERVICES to be performed under a subagreement,
including procurements of materials or leases of equipment, each potential
SUBCONSULTANT(s) or supplier shall be notified by the CONSULTANT of the
CONSULTANT'S obligations under this AGREEMENT and the Regulations
relative to nondiscrimination on the grounds of race, color, sex or national origin.
(4) Information and Reports: The CONSULTANT shall provide all information and
reports required by the Regulations, or directives issued pursuant thereto, and
shall permit access to its books, records, accounts, other sources of information
and its facilities as may be determined by the DEPARTMENT or the Federal
Highway Administration to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of a CONSULTANT is
in the exclusive possession of another who fails or refuses to furnish their
information, the CONSULTANT shall so certify to the DEPARTMENT, or the
Federal Highway Administration as appropriate, and shall set forth what efforts it
has made to obtain the information.
25
• ' (5) Sanctions for Noncompliance: In the event of the CONSULTANT'S
•
noncompliance with the nondiscrimination provisions of their contract, the
DEPARTMENT shall impose such contract sanctions as it or the Federal
Highway Administration may determine to be appropriate, including, but not
limited to:
a. Withholding of payments to the CONSULTANT under the AGREEMENT until
the CONSULTANT complies, and/or
b. Cancellation, termination or suspension of the AGREEMENT, in whole or in
part.
(6) Incorporation of Provisions: The CONSULTANT shall include Section 2.64c(3) in
every subagreement, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant
thereto that is initiated because of this AGREEMENT specifically for this
PROJECT. The CONSULTANT shall take such action with respect to any
SUBCONSULTANT or procurement as the DEPARTMENT or the Federal
Highway Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance: Provided, however, that, in the event a
CONSULTANT becomes involved in, or is threatened with, litigation with a
SUBCONSULTANT or supplier as a result of such direction, the CONSULTANT
may request the DEPARTMENT to enter into such litigation to protect the
interests of the State, and, in addition, the CONSULTANT may request the
United States to enter into such litigation to protect the interests of the United
States.
2.65 EQUAL EMPLOYMENT OPPORTUNITY (EEO)
In the event of the CONSULTANT'S non-compliance with the provisions of their Equal
Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and
Regulations of the Illinois Department of Human Rights, the CONSULTANT may be
declared ineligible for future agreements or subagreements with the State of Illinois or
any of its political subdivisions or municipal corporations, and the AGREEMENT may be
canceled or voided in whole or in part, and such other sanctions or penalties may be
imposed or remedies invoked as provided by statute or regulation. During the
performance of their AGREEMENT, the CONSULTANT agrees as follows:
a) That the CONSULTANT will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, national origin or
ancestry, age, physical or mental handicap unrelated to ability, or an 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 under utilization.
b) That, if the CONSULTANT hires additional employees in order to perform their
CONTRACT or any portion thereof, it will determine the availability (in accordance
with the Department of Human Rights' Rules and Regulations) 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 under utilized.
c) That, in all solicitations or advertisements for employees placed by the
CONSULTANT or on its behalf, it will state that all applicants will be afforded equal
opportunity without discrimination because of race, color, religion, sex, marital
26
status, national origin or ancestry, age, physical or mental handicap unrelated to
ability or an unfavorable discharge from military service.
d) That the CONSULTANT 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
CONSULTANT'S obligations under the Illinois Human Rights Act and the
Department of Human Rights' Rules and Regulations. If any such labor organization
or representative fails or refuses to cooperate with the CONSULTANT in its efforts to
comply with such Act and Rules and Regulations, the CONSULTANT will promptly
so notify the Department of Human Rights and the DEPARTMENT and will recruit
employees from other sources when necessary to fulfill its obligations thereunder.
e) That the CONSULTANT will submit reports as required by the Rules and
Regulations of the Department of Human Rights, furnish all relevant information as
may from time to time be requested by the Department of Human Rights or the
DEPARTMENT, and in all respects comply with the Illinois Human Rights Act and
the rules and regulations of the Department of Human Rights.
f) That the CONSULTANT will permit access to all relevant books, records, accounts
and WORK sites by personnel of the DEPARTMENT and the Department of Human
Rights for purposes of investigation to ascertain compliance with the Illinois Human
Rights Act and the rules and regulations of the Department of Human Rights.
g) That the CONSULTANT will include verbatim or by reference the provisions of their
clause in every subagreement it awards under which any portion of the
AGREEMENT obligations are undertaken or assumed, so that such provisions will
be binding upon such SUBCONSULTANT. In the same manner as with other
provisions of their AGREEMENT, the CONSULTANT will be liable for compliance
with applicable provisions of their clause by such SUBCONSULTANTS; and further it
will promptly notify the DEPARTMENT and the Department of Human Rights in the
event any SUBCONSULTANT fails or refuses to comply therewith. In addition, the
CONSULTANT will not utilize any SUBCONSULTANT declared by the Illinois
Human Rights Commission to be ineligible for agreements or subagreements with
the State of Illinois or any of its political subdivisions or municipal corporations.
2.66 TAXES, ROYALTIES AND EXPENSES
The CONSULTANT shall pay all taxes, royalties and expenses incurred in connection
with their SERVICES under the AGREEMENT.
2.67 RESPONSIBILITY FOR CLAIMS AND LIABILITY - PROPERTY DAMAGES
a) The CONSULTANT will negotiate and pay for property damages resulting from the
clearing of shrubbery, trees, crops, etc., which must be removed or damaged to
comply with the AGREEMENT and for all labor, material and equipment costs
incurred. These costs are reimbursable and are included in the COMPENSATION
stated in the AGREEMENT. If the COMPENSATION provides for reimbursement of
ACTUAL COSTS of damages, the DEPARTMENT will reimburse the ACTUAL
COSTS only to the amount it preapproved in the AGREEMENT.
2.68 TERMINATION AND ABANDONMENT
a) If the DEPARTMENT is dissatisfied with the CONSULTANT'S performance, or
believes that there has been a substantial decrease in the CONSULTANT'S
productive capacity, the DEPARTMENT may give written notice that remedial action
shall be taken by the CONSULTANT within 30 CALENDAR DAYS. If such action is
not taken, the DEPARTMENT may terminate the AGREEMENT by giving written
27
notice to the CONSULTANT at least 15 CALENDAR DAYS prior to the effective date
of termination. In this event, the CONSULTANT shall be paid for the value of all
acceptable SERVICES performed prior to the effective date of termination based on
the payment terms of the AGREEMENT.
b) Further, the DEPARTMENT at its sole discretion may terminate the AGREEMENT
for any other reason, which involves no fault of the CONSULTANT, by giving written
notice to the CONSULTANT at least 15 CALENDAR DAYS prior to the effective date
of the termination. In this event, the CONSULTANT shall be paid:
(1) As outlined in the preceding paragraph, provided the SERVICES performed are
20 percent or more of the total SERVICES set forth in the AGREEMENT.
(2) If the CONSULTANT has performed less than 20 percent of the SERVICES,
they may elect:
a. To be paid in the above-described manner.
b. To be paid their actual identifiable costs properly allocable to the
DEPARTMENT for SERVICES done under the terms of the AGREEMENT,
including a reasonable proportion of the profit on the completed part of the
SERVICES and AGREEMENT closing costs.
c) Termination notice at least 15 days in advance of the effective date of termination
may also be given in writing by the CONSULTANT if completion of the SERVICES is
delayed to the extent and for the reasons stated in Section 2.21d. If the
AGREEMENT is terminated for their cause, the CONSULTANT shall be paid for the
value of all acceptable SERVICES performed prior to the effective date of
termination based on the payment terms of the AGREEMENT.
d) The AGREEMENT will be terminated if:
(1) The CONSULTANT is notified by the DEPARTMENT to suspend SERVICES and
authorization to resume is not given within three (3) years after the date of the
AGREEMENT or any subsequent SUPPLEMENTAL AGREEMENT.
(2) The CONSULTANT completes a PHASE, stage or part of the SERVICES, and
any remaining PHASE, stage or part of the SERVICES are not authorized within
three (3) years after the date of the AGREEMENT or any subsequent
SUPPLEMENTAL AGREEMENT.
2.69 SETTLEMENT OF CONSULTANT CLAIMS
a) In any case where the CONSULTANT deems that ADDITIONAL COMPENSATION
will be due them for SERVICES or materials not covered in the AGREEMENT nor
ordered in writing by the DEPARTMENT, the CONSULTANT shall notify the
DEPARTMENT in writing before they begin the additional SERVICES for which they
proposes to base the claim. If such notification is not previously given or claimed
costs are not clearly identified and separated in their accounting records, the
CONSULTANT agrees to waive the claim for such ADDITIONAL COMPENSATION.
However, such notice or accounting by the CONSULTANT shall not in any way be
construed as proving the validity of their claim.
b) Any dispute in the interpretation of the provisions of the AGREEMENT shall be
settled through negotiation between the LIAISON MANAGERS of the signatory
parties. If they cannot agree, the dispute will be referred through proper
28
administrative channels to the DEPARTMENT. The DEPARTMENT shall decide all
• claims, questions and disputes and the decision shall be final. This shall not be
• construed to abrogate the CONSULTANT'S rights under the law.
c) The titles and captions to all sections of these STANDARD PROVISIONS are
intended for convenience of reference only, and shall not be construed as having
any pertinence to the interpretation of the content of the sections which they
introduce.
2.70 OWNERSHIP OF DOCUMENTS
The CONSULTANT agrees that all survey data, reports, drawings, studies,
specifications, estimates, maps and computations prepared by or for them under the
terms of the AGREEMENT shall be properly arranged, indexed and delivered to the
DEPARTMENT upon termination or completion of the SERVICES. This can include
CADD and related electronic files. All CADD files and other electronic data files, if
required, shall be prepared and delivered to the DEPARTMENT in accordance with the
hardware and/or software specifications described in the AGREEMENT and/or current
policy from the DEPARTMENT. These documents shall become and remain the
property of the DEPARTMENT, which shall have the right to use same without
restriction or limitation and without COMPENSATION to the CONSULTANT other than
that provided in the AGREEMENT.
All documents including drawings, CADD files, related electronic files and specifications
furnished by the CONSULTANT pursuant to the AGREEMENT are instruments of its
WORK in respect of the SERVICES. They may not be suitable for reuse on extensions
of the WORK, or on any other WORK. Any reuse without specific written verification or
adaptation by the CONSULTANT will be at the user's risk and without liability to the
CONSULTANT.
Unless otherwise provided in the AGREEMENT, CADD files and related electronic files
from a PHASE I PROJECT shall be suitable for reuse in a subsequent PHASE II
CONTRACT and CADD files and related electronic files from a PHASE II CONTRACT
shall be suitable for reuse during the construction PHASE of the PROJECT.
A SUPPLEMENTAL AGREEMENT may be required if revisions are necessary, by the
CONSULTANT, to the CADD files and related documents as a result of policy
CHANGES and/or version updates.
2.71 RETENTION OF RECORDS
In compliance with Illinois Public Act 87-991(30 ILCS 550/6a-3-1), every agreement for
goods or SERVICES shall provide that the CONSULTANT shall maintain certain records
and documents.
The CONSULTANT shall maintain, for a minimum of 5 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 other State Auditors; and the CONSULTANT agrees to cooperate fully with any
audit conducted by the Auditor General and other State Auditors, 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.
29
2.8 METHODS OF PAYMENT
2.80 PAYMENT METHODS
a) One or more of the following methods of COMPENSATION for CONSULTANT
SERVICES have been specified where applicable in the AGREEMENT.
(1) Lump Sum - The sum is fixed and does not change unless the scope or
schedule changes.
(2) Variable Lump Sum - Uses a provisional overhead rate, until final audit.
(3) UNIT OF WORK - A sum of money per item or unit (acre, mile, ton, etc.). Partial
payments can be based on a completed amount subject to the Total
AGREEMENT Amount for the CONSULTANT.
(4) Cost Plus a FIXED FEE - ACTUAL COSTS are reimbursable to the
CONSULTANT as defined in Section 2.86 of the STANDARD PROVISIONS,
plus a FIXED FEE. The FIXED FEE is determined by .145 [(1 + Actual
Overhead + R) Direct Labor + Direct Cost]. This Upper Limit of
COMPENSATION cannot exceed the Total AGREEMENT Amount; where R is
the Complexity Factor which is 0.0, 0.035, or 0.07 depending on the complexity
of the project.
(5) Direct Labor Multiple — This method contains separate upper limits. The first is
established by multiplying direct labor by 3+R (R being the complexity factor).
The second is direct costs. Neither upper limit may be exceeded. The multiple
for construction engineering PROJECTS is 2.8+R; where R is the Complexity
Factor which is 0.0, 0.003, or 0.008 depending on the complexity of the project.
(6) Specific Hourly Rates - Payment for actual hours worked at the SPECIFIC
RATES OF COMPENSATION for each class of employee listed below:
CLASSIFICATION SALARY FRINGE BENEFITS FIXED SPECIFIC RATES
AND OVERHEAD FEE PER HOUR
(NOTE: List Classifications to be utilized together with dollars chargeable for
each.)
These rates include Direct Salary Costs, Indirect Salary Costs, Indirect Non-
Salary Costs, Direct Non-Salary Costs (not listed below as separately
reimbursed) and FIXED FEE. Related travel, subsistence and other pre-agreed
costs shall be reimbursed at reasonable actual cost to the CONSULTANT. All
other costs are understood to be included in the specific rates. The Total
AGREEMENT Amount to the CONSULTANT cannot be exceeded.
2.81 PARTIAL PAYMENTS/INVOICES
The CONSULTANT shall submit invoices to the DEPARTMENT'S Liaison Manager
using the forms provided by the DEPARTMENT, on their Internet Web Site, monthly or,
if agreed upon, not more often than every four weeks for partial payment on account of
their SERVICES completed to date.
a) Promptly upon receipt, review and approval of properly documented invoices, the
DEPARTMENT shall pay or cause to be paid to the CONSULTANT, not more often
than monthly or every four weeks, partial payments of the COMPENSATION
specified in the AGREEMENT. The DEPARTMENT'S Liaison Manager shall
30
• establish that the reported percentage of completion of the SERVICES are
reasonable. Payment will be made in the amount of sums earned less previous
partial payments and less retainage.
b) The maximum retainage shall not exceed 1 percent of the Total AGREEMENT
Amount up to a maximum retainage amount of $18,000. The retainage shall be 1
percent of the sums earned up to the maximum retainage, and then held at that
dollar amount until all of the SERVICES are accepted, and then reduced to zero. If
the DEPARTMENT chooses to delay acceptance of the SERVICES due to no fault
of the CONSULTANT or if a small part of the SERVICES must be delayed
appreciably (such as right-of-way staking or checking of structural shop drawings),
the DEPARTMENT may elect to reduce the retainage to zero. For PROJECTS,
which are to be audited, the CONSULTANT agrees that it will pay the
DEPARTMENT all monies as required by the audit.
c) If the method of payment is Variable Lump Sum or Lump Sum, the sums earned
shall be computed by multiplying the sum (or estimated total) amount by the
percentage of completion shown on the PROGRESS REPORT and approved by the
DEPARTMENT. Estimated amounts may be adjusted by mutual agreement
between the contracting parties to reflect significant developments.
d) If the method of payment is Cost Plus a FIXED FEE, the total amount of any partial
COMPENSATION shall not exceed the Total AGREEMENT Amount multiplied by
the approved percentage of completion of the SERVICES. The sums earned shall
be the CONSULTANT'S certified reimbursable costs (see Section 2.86) plus that
percentage of the FIXED FEE equal to the percentage of completion shown on the
PROGRESS REPORT and approved by the DEPARTMENT, except for construction
engineering AGREEMENTS, where the percentage of the FIXED FEE shall equal
the percentage of elapsed time to the total period of the construction CONTRACT.
Reimbursable salary costs shall be computed as Direct Salary Costs (see Section
2.86(b) hereof), plus the agreed percentage of fringe benefits shown in the
AGREEMENT, plus the premium portion of overtime wages. Indirect costs shall be
computed as the percentage of Direct Payroll shown in the AGREEMENT. The
percentages shown in the AGREEMENT are provisional and may be adjusted from
time to time by mutual AGREEMENT between the contracting parties to more
accurately estimate these costs.
e) If the method of payment is a Direct Labor Multiple, the total amount of any partial
COMPENSATION shall not exceed the total AGREEMENT amount multiplied by the
approved percentage of completion of the SERVICES.
f) If the method of payment is Specific Rates, the sums earned shall be computed on
the basis of time records certified by the CONSULTANT.
g) If the method of payment is UNIT OF WORK, the sums earned shall be computed
based on the quantities of WORK incurred certified by the CONSULTANT.
2.82 FINAL PAYMENT
a) The CONSULTANT shall submit an affidavit with their final invoice, stating that all
obligations incurred by them in performance of the SERVICES have been paid in
full. The affidavit shall be on the form prescribed by the DEPARTMENT.
b) If the method of payment is Specific Rates, the DEPARTMENT will promptly, upon
acceptance of the final submission of the SERVICES, pay the CONSULTANT 100%
31
of the invoiced amount (up to the Total AGREEMENT Amount), subject to
adjustment upon completion of the audit.
c) If the method of payment is a Variable Lump Sum, Lump Sum or UNIT OF WORK,
the DEPARTMENT will promptly, upon acceptance of the final submission of the
SERVICES, pay the CONSULTANT, a sum equal to 100% of the COMPENSATION
set forth in the AGREEMENT less the total of all previous partial payments paid or in
the process of payment. The overhead and fringe benefit rate for Variable Lump
Sum is subjected to adjustment upon completion of the audit. The quantities billed
for UNIT OF WORK payment is also subjected to adjustment upon completion of the
audit.
d) If the method of payment is Cost Plus a FIXED FEE or a Direct Labor Multiple, the
DEPARTMENT will promptly, upon acceptance of the final submission of the
SERVICES, pay the CONSULTANT 100% of the invoiced amount (up to the Total
AGREEMENT Amount) subject to adjustments of the Efficiency Factor (See Section
2.83) and the final audit. The final evaluation will be used to compensate the
CONSULTANT for their performance (See Section 2.84) over and above the Total
AGREEMENT Amount.
2.83 EFFICIENCY FACTOR
For Direct Labor Multiple CONTRACTS, after the final invoice is submitted and
approved, if the actual direct labor costs times the multiple is less than the estimated
direct labor costs times the multiple, the CONSULTANT may submit an invoice for 50%
of the difference. This efficiency factor does not apply to QA/QC costs, PHASE III cost
in PHASE II or TASK ORDER CONTRACTS.
For Actual Cost FIXED FEE CONTRACTS, after the final bill is submitted and approved,
if the actual direct labor cost plus the provisional overhead cost is less than the
estimated direct labor cost plus the provisional overhead cost, the CONSULTANT may
submit an invoice for 50% of the difference. This efficiency factor does not apply to
QA/QC labor cost, PHASE III labor cost in PHASE II or TASK ORDER CONTRACTS.
2.84 PAY FOR PERFORMANCE
The DEPARTMENT will evaluate the CONSULTANT during the duration of the
PROJECT and upon completion of the PROJECT issue a final evaluation. This final
evaluation will be used to compensate the CONSULTANT for their performance. The
amount will vary depending on this final evaluation.
Final Evaluation
Excellent 5
Good 3
Satisfactory 0
Substandard -5
Poor -10
The % is applied to 1 X negotiated direct labor and/or calculated unit price labor
(including all SUPPLEMENTAL AGREEMENTS). The % does not apply to PHASE III
labor cost included in PHASE II CONTRACTS.
After receipt of the final evaluation, the CONSULTANT has 30 CALENDAR DAYS in
which to appeal a substandard or poor evaluation according to DEPARTMENT policy.
The appeal must be submitted in writing to the DEPARTMENT entity that prepared the
final evaluation.
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• ' 2.85 ADJUSTMENT OF UPPER LIMIT OF COMPENSATION
• a) If the duration of the CONTRACT is 18 months or less, the CONSULTANT shall
review the SERVICES accomplished and make an itemized estimate showing costs
incurred and costs of SERVICES still required to complete their obligation when
costs approach 50% of the UPPER LIMIT OF COMPENSATION. They shall do the
same before costs reach 75% and 90% of the UPPER LIMIT OF COMPENSATION.
If any of these estimates exceed the UPPER LIMIT OF COMPENSATION, the
CONSULTANT shall immediately notify the DEPARTMENT.
b) If the duration of the CONTRACT exceeds 18 months, and the basis of payment is
Cost Plus FIXED FEE or Direct Labor Multiple, the CONSULTANT shall review the
SERVICES accomplished and make an itemized estimate showing costs incurred
and costs of SERVICES still required to complete their obligation on a quarterly
basis, and the results of the review shall be submitted to the DEPARTMENT 25 days
following March 31, June 30, September 30 and December 31 of each calendar
year. In addition, the CONSULTANT shall make such a review and submit said
report when the costs incurred approach 90% of the UPPER LIMIT OF
COMPENSATION.
c) The DEPARTMENT shall review the estimate and, upon determining that the cost
estimate is reasonable and that any costs that should be absorbed by the
CONSULTANT due to their own inefficiency and/or ERRORS are not included, shall
promptly direct the CONSULTANT to:
(1) Stop SERVICE and WORK at a logical point when monies due the
CONSULTANT are within the UPPER LIMIT OF COMPENSATION, or
(2) Continue SERVICES under the terms of the AGREEMENT up to an adjusted
Upper Limit of COMPENSATION as authorized in writing by the DEPARTMENT.
The CONSULTANT waives their right to any payment in excess of the original
UPPER LIMIT OF COMPENSATION if an estimate of overrun has not been
submitted and received written authorization prior to incurring the excess costs.
2.86 ITEMS ELIGIBLE FOR REIMBURSEMENT AS CONSULTANT'S COSTS
a) When the method of COMPENSATION includes payment of the CONSULTANT'S
ACTUAL COSTS, the following items of cost are reimbursable to the extent that they
are in compliance with Federal Acquisition Regulations, Subparts 31.1 and 31.2 and
FAPG Chapter 1, Subchapter B, Paragraph 172.
b) Direct Salary Costs are the Direct Productive Payroll (actual wages paid all
employees of the CONSULTANT regardless of job classification when directly
engaged in SERVICES necessary to fulfill the terms of the AGREEMENT) less the
premium portion of such wages paid for overtime.
(1) Related costs which are normally paid by the CONSULTANT may include items
such as:
a. Wages paid or accrued for vacation time.
b. Wages paid for holidays and for sick, military, jury and other authorized
leave.
c. Group and Workmen's Compensation Insurance costs.
33
• d. Bonus, incentive compensation or deferred compensation which is an
established practice of the firm and which does not exceed the
DEPARTMENT'S policy limiting these costs to what it considers "reasonable"
in accordance with the Federal Acquisition Regulations.
e. Social Security and Unemployment taxes.
f. Pension or retirement benefits.
g. Group Medical Plan and Life Insurance Premiums.
(2) The allocation of the related costs shall be in accordance with the
CONSULTANT'S established policy and with accepted accounting practices.
Generally, these costs will be expressed as a percentage of the direct salary
costs.
(3) Salaries of principals and other salaried personnel for the firm may be included in
the direct salary costs for all time they are productively engaged in SERVICES
necessary to fulfill the terms of the AGREEMENT, provided this is the
CONSULTANT'S normal practice and that the cost is not also included in indirect
salary costs. The maximum amount of the principal's and employee's salary,
which the DEPARTMENT will reimburse either directly or indirectly, shall be as
determined by the DEPARTMENT'S policy as to what is considered "reasonable"
in accordance with Federal Acquisition Regulations. If principals of the
CONSULTANT perform routine SERVICES, such as standard design and
drafting SERVICES, which could be performed by lesser-salaried personnel, the
wage rates billed directly for these SERVICES shall not exceed those rates paid
to the CONSULTANT'S salaried personnel performing the same or similar
SERVICES.
The maximum total compensation for partners, principals and employees is
$60.00 per hour ($124,800 annually) that may be charged directly to the
CONTRACT. COMPENSATION that may be charged indirectly to the overhead
is subject to the cost criteria of the Federal Acquisition Regulations less direct
compensation.
(4) Premium wages for overtime paid to employees, in accordance with the
CONSULTANT'S normal practice and directly chargeable to the PROJECT, may
be reimbursed as direct productive payroll with no surcharge for related costs
provided such premium wages in any billing period do not exceed four percent of
the direct productive payroll billed to the PROJECT for that period. No payments
for premium wages in excess of four percent shall be made unless the
CONSULTANT obtained prior written approval from the DEPARTMENT to
exceed their limit.
c) Direct Non-Salary Costs are actual and reasonable non-salary costs incurred
specifically in fulfilling the terms of the AGREEMENT, such as:
(1) Travel, food and lodging, including automotive equipment rentals, fuel,
maintenance, tolls, mileage or per diem paid by the CONSULTANT for personal
expenses of only their own employees in accordance with their normal company
policy, but excluding such costs outside Illinois, unless specifically authorized in
writing by the DEPARTMENT.
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(2) Communications, including telephone, facsimile, telegraph, postage, parcel post,
airfreight and package express.
(3) Reproductions including photographs, prints and offset work.
(4) Outside professional SERVICE and laboratory charges, including those for
surveys, photogrammetry, soils investigations and tests and other charges for
engineers, surveyors, lawyers, sociologists, economists, model makers,
architects, scientists and other specialists. These charges must be authorized in
advance by the DEPARTMENT to be reimbursable (see Section 2.24).
•
(5) Electronic computer charges including those for computers and related
equipment operated by the CONSULTANT and those for outside computer
SERVICES. Rates for computers and related equipment operated by the
CONSULTANT shall be in accordance with established rates charged to outside
clients for similar SERVICES, except that such rates shall be billed at cost (no
profit) since the CONSULTANT'S profit is covered in the FIXED FEE. If the
CONSULTANT uses an outside computer SERVICE, their net charges shall be
used in the CONSULTANT'S billing.
(6) Special equipment if authorized in writing by the DEPARTMENT and materials
required for and used solely in the fulfillment of the AGREEMENT. The
CONSULTANT shall deliver all such equipment and material to the
DEPARTMENT upon completion of the SERVICES.
(7) Special insurance for the PROJECT if requested in writing by the DEPARTMENT
(8) Rental charges for equipment owned by the CONSULTANT at their established
rates, reduced by the portion of the rate which is profit and less any portion
charged elsewhere to the indirect costs.
d) Indirect costs (or overhead costs) are the remaining costs of the CONSULTANT'S
business operations after the assignment to all of their clients of all direct costs,
exclusive of costs ineligible for COMPENSATION such as uncollectible charges,
advertising, amusement, entertainment, contributions, donations, interest on
borrowed money, and the like. The CONSULTANT'S established practices for
allocation of eligible indirect costs to each PROJECT shall be used if in accordance
with generally accepted accounting procedures. In general, these costs will be
expressed as a percentage of the direct salary costs charged to the
CONSULTANT'S clients.
e) Indirect salary costs are the actual wages paid to all employees of the
CONSULTANT for SERVICES not directly chargeable to individual clients plus the
same related costs as previously outlined in direct salary costs if not included in the
direct cost, such as:
(1) Wages paid for preparation of proposals.
(2) Severance wages paid to employees.
(3) Wages paid for negotiating (not promoting) new business.
(4) Research and development wages. This cost is primarily the salaries of the
CONSULTANT'S personnel in the development of new computer programs and
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labor saving devices. Eligible costs will be as defined in subpart 31.205-18 of
the Federal Acquisition Regulations.
(5) Training and education wages. This cost consists of salaries paid employees
while attending classes at accredited colleges or universities for post graduate
work in subjects related to the CONSULTANT'S practice. Also included in this
category is attendance at meetings and seminars conducted by both recognized
technical/professional organizations and in-house personnel.
(6) General office administration and supervisory salaries.
(7) Salaries in connection with the recruitment of employees.
(8) Salaries paid to furnish access to or copies of records as required in Section
2.70 of these STANDARD PROVISIONS, if not reimbursed by the client.
(9) Salaries of principals for time actively engaged in the preparation of proposals
and preagreement negotiation (not promotion) of new business.
f) Indirect non-salary costs are all non-salary costs of the CONSULTANT'S business
operations eligible for COMPENSATION (Section 2.86(c)) not directly chargeable to
individual clients, such as:
(1) Travel, food and lodging (see direct non-salary costs).
(2) Communications, including telephone, telegraph, postage, parcel post, etc.
(3) Reproduction costs, including blueprinting, photography, photostats, etc.
(4) Computer costs in connection with research and development, bookkeeping,
new business negotiation and the preparation of proposals. These charges
shall be made in the same manner as outlined under direct non-salary costs,
(Section 2.86c(5)). Eligible research and development costs will be as defined
in subpart 31.205-18 of the Federal Acquisition Regulations.
(5) Professional Service Cost. This includes costs of professional services
rendered by members of a particular profession such as legal and accounting,
which are necessary to the proper operation of the business, but whom are not
members of the CONSULTANT'S staff.
(6) Sundry taxes levied by Federal, State and Local agencies exclusive of Federal
Income Tax. •
(7) Premiums of all business insurance, other than those included in direct costs to
clients.
(8) Office supplies.
(9) Rent, heat, power, light and janitorial services.
(10) Licenses and dues in technical and professional organizations.
(11) Maintenance and repair of office equipment.
(12) Rentals of equipment (see Direct Non-Salary Costs).
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(13) Costs of meetings, conferences and in-house training.
(14) Library expense, including technical books, magazines, journals and supplies
in connection with education and training.
(15) Cost of duplicating records as required by Section 2.70 of these Standard
Provisions.
(16) Relocation costs for employees.
(17) Depreciation.
(18) Recruiting expense including advertising agency fees and travel and
subsistence incidental thereto.
(19) Life insurance premiums in lieu of additional compensation for key employees
and principals, provided the beneficiary is the employee's estate or their
relative and is not the CONSULTANT or another key employee or principal of
the CONSULTANT.
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