09-158 Resolution No. 09-158
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH
THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL
PARTICIPATION IN CONSTRUCTION OF THE SUMMIT STREET
LOCAL AGENCY PAVEMENT PRESERVATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a local agency
agreement on behalf of the City of Elgin with the Illinois Department of Transportation for federal
participation in construction of the Summit Street Local Agency Pavement Preservation Project, a
copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 8, 2009
Adopted: July 8, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
Illinois Department of Transportation
2300 South Dirksen Parkway/ Springfield, Illinois /62764
August 26, 2009 ri , ,, q
Diane Robertson NUG 1 1 2- 9
City Clerk
150 Dexter Court
Elgin, IL 60120 BY
Subject: City of Elgin
Section 08-00174-00-RS
Project No. ARA-9003(225)
Job No. C-91-283-09
Construction Engineering Agreement
Dear Ms. Robertson:
The agreement for construction engineering services, with Engineering
Enterprises, Inc. in the amount of$121,525.80, was approved by the department
effective August 26, 2009.
The city may authorize the consultant to proceed with the engineering work
called for in the agreement.
(NOTE: The construction engineering may not exceed 15% of the final
construction cost.)
Please note: This project utilizes American Recovery and Reinvestment Act
(ARRA) funding. Please find attached specific ARRA conditions that must be
met. Failure of your consultant to report employment or fully comply with any of
the ARRA requirements may jeopardize reimbursement of ARRA funds to your
agency.
Your file copy of the approved engineering agreement is attached. If you have
any questions please contact Debbie Jarvis at Debbie.Jarvis@illinois.gov.
Sincerely,
aa/A/JY). AV661 iz
Darrell W. Lewis, P. E.
Acting Engineer of Local Roads and Streets
Attachment
cc: Joseph Evers, Municipal Engineer
Engineering Enterprises, Inc.
Diane O'Keefe Attn: Christopher Holt
Debbie Marks Attn: Project Control
Loral Agency Consultant
` City of Elgin L II&lois Department Engineering Enterprises, Inc.
0 of Transportation C
County C 0 Address
Kane/Cook A N 44W110 U.S. HWY 20
Section L S City
•
08-00174-00-RS U Hampshire
Project No. Construction Engineering State
ARA-9003(225) G Services Agreement IL
Job No. For Zip Code
-91-283-09A 60140
E Federal Participation
Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address
Haresh Modi, P.E, 847-931-5967 C T Jason M. Bauer, P.E., 630-466-6700
Modi_H@Cityofelgin.org Y jbauer@ eeiweb.com
THIS AGREEMENT is made and entered into this v"' day of J t , between the above
Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT
described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of
Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.
WHEREVER IN THIS AGREEMENT the following terms are used,they shall be interpreted to mean:
Regional Engineer Regional Engineer, Department of Transportation
Resident Engineer LA Employee directly responsible for construction of the PROJECT
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name Summit Street Route 1320 Length 4,159 ft Structure No. N/A
Termini Dundee Avenue(FAU 2527)to Hiawatha Drive
Description: This work shall consist of milling(2.0 inches and variable)and resurfacing(1.75 inches surface, 1.00 inches leveling binder)
the above mentioned four lane roadway with bidirectional left turn lane,pavement patching to correct base failures, repairing damaged
sections of B-6.24 curb and gutter, replacing damaged sidewalk, adjusting manholes,applying crack control as required,striping,and
restoration.
Agreement Provisions
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT
hereinbefore described and checked below:
® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research(BMPR)Quality
Control/Quality Assurance(QC/QA)training documents or contract requirements and obtain samples and perform
testing as noted below.
® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples
and perform testing as noted below.
c. For soils, to obtain samples and perform testing as noted below.
• d. For aggregates,to obtain samples and perform testing as noted below.
NOTE: For 1a.through 1d.the ENGINEER is to obtain samples for testing according to the STATE BMPR"Project
Procedures Guide", or as indicated in the specifications, or as attached herein by the LA;test according to the
STATE BMPR"Manual of Test Procedures for Materials",submit STATE BMPR inspection reports;and verify
compliance with contract specifications.
® e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR,and submit
inspection reports to the LA and the STATE in accordance with the STATE BMPR"Project Procedures Guide"and
the policies of the STATE.
• f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA
trained technician classes.
• g. Inspect,document and inform the resident engineer of the adequacy of the establishment and maintenance of the
traffic control.
Page 1 of 7 BLR 05611 (Rev.9/06)
Printed on 3/31/2009 1:57:24 PM
,
c. ® h. Geometric control including all construction staking and construction layouts.
® i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance
with the STATE Construction Manual.
• j. Measurement and computation of pay items.
® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit
verification of the nature and cost of changes in plans and authorized extra work.
® I. Preparation and submission to the LA by the required form and number of copies, all partial and final payment
estimates,change orders, records,documentation and reports required by the LA and the STATE.
® m. Revision of contract drawings to reflect as built conditions.
2. Engineering services shall include all equipment,instruments, supplies,transportation and personnel required to perform the duties
of the ENGINEER in connection with the AGREEMENT.
3. To furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized
representative.
4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or
STATE.
5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
without the written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished
by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT.
6. The ENGINEER shall submit invoices, based on the ENGINEER's progress reports,to the resident engineer, no more than once a
month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value,to the
LA of the partially completed work, based on the sum of the actual costs incurred,plus a percentage(equal to the percentage of the
construction engineering completed)of the fixed fee for the fully completed work.
7• That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to
improvement of the SECTION; and that the ENGINEER has sufficient properly trained,organized and experienced personnel to
perform the services enumerated herein.
8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors, omissions or
ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should
any damage to persons or property result from the ENGINEER's error,omission or negligent act,the ENGINEER shall indemnify
the LA,the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from
such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the
contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from
the LA.
9. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes,and local laws or ordinances of the LA.
10. The undersigned certifies neither the ENGINEER nor I have:
a) employed or retained for commission,percentage,brokerage,contingent fee or other considerations, any firm or person (other
than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT;
b) agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or
person in connection with carrying out the AGREEMENT or
c) paid,or agreed to pay any firm,organization or person (other than a bona fide employee working solely for me or the above
ENGINEER)any fee,contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out
the AGREEMENT.
d) are not presently debarred,suspended,proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public
(Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,
forgery, bribery,falsification or destruction of records,making false statements or receiving stolen property;
f) are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with
commission of any of the offenses enumerated in paragraph(e)of this certification;and
g) have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal,State or local)
terminated for cause or default.
Page 2 of 7 BLR 05611 (Rev.9/06)
Printed on 2/19/2009 12:45:20 PM
11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.
"12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent
Amendment or Supplement.
13. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the work called for in the AGREEMENT.
II. THE LA AGREES,
1. To furnish a resident engineer to be in responsible charge of general supervision of the construction.
2. To furnish the necessary plans and specifications.
3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services.
4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT,on the basis of the
following compensation formulas:
Cost Plus Fixed Fee ® CPFF= 14.5%[DL+ R(DL)+OH(DL)+ IHDC], or
❑ CPFF= 14.5%[DL+ R(DL) + 1.4(DL)+ IHDC],or
❑ CPFF= 14.5%[(2.3+ R)DL+IHDC]
Where: DL=Direct Labor
IHDC= In House Direct Costs
OH =Consultant Firm's Actual Overhead Factor
R =Complexity Factor
Specific Rate El (Pay per element)
Lump Sum ❑
5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409:
El With Retainage
a) For the first 50%of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to
90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
b) After 50%of the work is completed,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to
95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to
the ENGINEER.
® Without Retainage
a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,
monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to the value
of the partially completed work minus all previous partial payments made to the ENGINEER.
b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and STATE,a sum of money equal to the basic fee as determined in this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
6. The recipient shall not discriminate on the basis on the basis of race,color,national origin or sex in the award and performance of
any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall
take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-
assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as
violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may
impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.).
Page 3 of 7 BLR 05611 (Rev.9/06)
Printed on 2/19/2009 12:45:20 PM
Ill. It is Mutually Agreed,
1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books,documents,papers,accounting records and
other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times
during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT,for inspection by the
STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be
furnished if requested.
2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The
ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR
has completed the construction contract.
3. That all field notes,test records and reports shall be turned over to and become the property of the LA and that during the
performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the
documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the
ENGINEER's expense.
4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known
address,with the understanding that should the AGREEMENT be terminated by the LA,the ENGINEER shall be paid for any
services completed and any services partially completed. The percentage of the total services which have been rendered by the
ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be
multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field
notes,test records and reports completed or partially completed at the time of termination shall become the property of, and be
delivered to,the LA. •
5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall
be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed
by the LA,and a third member appointed by the two other members for disposition and that the committee's decision shall be final.
6. That in the event the engineering and inspection services to be furnished and performed by the LA(including personnel furnished
by the ENGINEER)shall,in the opinion of the STATE be incompetent or inadequate,the STATE shall have the right to supplement
the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA.
7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the
contractor's safety precautions,except as provided in numbered paragraph 1f of Section I.
8. This certification is required by the Drug Free Workplace Act(30ILCS 580). The Drug Free Workplace Act requires that no grantee
or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property
or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions including,but not limited to, suspension of contract or grant payments,termination of a contract
or grant and debarment of contracting or grant opportunities with the State for at least one (1)year but no more than five(5)years.
For the purpose of this certification, "grantee"or"contractor"means a corporation,partnership or other entity with twenty-five(25)or
more employees at the time of issuing the grant,or a department,division or other unit thereof,directly responsible for the specific
performance under a contract or grant of$5,000 or more from the State, as defined in the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture,distribution, dispensing,possession or use of a
controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will:
(A) abide by the terms of the statement; and
(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace
no later than five(5)days after such conviction.
(b) Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's or contractor's policy of maintaining a drug free workplace;
(3) any available drug counseling, rehabilitation and employee assistance program;and
Page 4 of 7 BLR 05611 (Rev.9/06)
Printed on 2/19/2009 12:45:20 PM
(4) the penalties that may be imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance
of the contract or grant and to post the statement in a prominent place in the workplace.
(d) Notifying the contracting or granting agency within ten (10)days after receiving notice under part(B)of
paragraph(3)of subsection (a)above from an employee or otherwise receiving actual notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation
program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is
required and indicating that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free
Workplace Act.
9. The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of this
AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted
contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in
the termination this AGREEMENT or such other remedy as the LA deems appropriate.
A.reement Summa
Prime Consultant: TIN Number Agreement Amount
Engineering Enterprises, Inc. 36-3150869 $121,525.80
Sub-Consultants: TIN Number Agreement Amount
Terracon Consultants, Inc. (Terracon) 42-1249917 $7,525.13
Sub-Consultant Total: $7,525.13
Prime Consultant Total: $114,000.67
Total for all Work: $121,525.80
Executed by the LA: City of Elgin
(Municipality/Township/County)
ATTEST:
By: . • By: I..
Diane Roberts.; ' dosa0 C> • City Clerk Title: City Manager
A f `N ;I
Executed by the E r>,F
Engineering Enterprises, Inc.
ATTEST:
By: LA i f By: £....�.1_ I9t4yt4'J�
Title: Admin ative Assistant Title: Vice President
Page 5 of 7 BLR 05611 (Rev.9/06)
Printed on 6/5/2009 7:09:30 AM
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Exhibit B
Illinois Department
of Transportation Engineering Payment Report
Prime Consultant
Name Engineering Enterprises, Inc.
Address 44W110 U.S. HWY 20, Hampshire IL 60140
Telephone 630-466-6700
TIN Number 36-3150869
Project Information
Local Agency City of Elgin
Section Number 08-00174-00-RS
Project Number ARA-9003(225)
Job Number C-91-283-09
This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for
perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below.
Sub-Consultant Name TIN Number Actual Payment
from Prime
Terracon Consultants, Inc. 42-1249917
Sub-Consultant Total:
Prime Consultant Total:
Total for all Work
Completed:
/1.*
� --
4/VM
Si nature and title of Prime Consultant Date
9
Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory
purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as
concurring with the payment amount specified above.
Page 7 of 7 BLR 05611 (Rev.9/06)
Printed on 3/31/2009 1:57:49 PM
SUMMIT STREET LAPP RESURFACING PROJECT
CITY OF ELGIN
Section No. 08-00174-00-RS
DIRECT EXPENSES
DESCRIPTION: NO. UNIT COST/UNIT COST
Vehicle/Transportation 72 Day $ 45.00 $ 3,240.00
Total $ 3,240.00
G:\Public\Elgin\2008\EGO810 Summit Street LAPP Project MOT Submittals\phase III engineering agreement\[BLR 05611 Exhibit A Construction Engineering 2008-12-30.xls]Direct
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ENGINEERING ENTERPRISES, INC.
PAYROLL HOURLY RATE RANGE
PROFESSIONAL ENGINEERING&LAND SURVEYING SERVICES
December 2008
HOURLY AVERAGE
PAYROLL RATE HOURLY
CLASSIFICATION RANGE RATE
[E-4]Senior Principal $72.12-$100.96 $ 86.54
[E-3]Principal $57.69-$60.10 $ 58.29
[E-2]Senior Project Manager $42.71 -$57.69 $47.79
[E-1]Project Manager $34.32-$39.26 $ 36.31
[P-6]Sr. Project Engineer/Planner/Surveyor II $32.85-$42.25 $ 35.51
[P-5]Sr. Project Engineer/Planner/Surveyor I $25.68-$32.32 $ 29.48
[P-4]Project Engineer/Planner/Surveyor $23.08-$31.25 $ 25.24
[P-3]Senior Engineer/Planner/Surveyor $21.15-$21.15 $ 21.15
[T-6]Sr. Project Technician II $33.05-$39.32 $ 36.16
[T-5]Sr. Project Technician I $29.73-$31.67 $ 30.70
[T-4] Project Technician $25.76-$26.99 $ 26.37
[T-3]Senior Technician $25.42-$25.42 $ 25.42
[A-3]Administrative Assistant $14.33-$25.88 $ 21.14
ESTIMATED CONSTRUCTION ENGINEERING SERVICES FOR THE SUMMIT STREET LAPP PROJECT
Project Information: Key Dates:
Section:08-00174-00-RS Letting:June 12,2009
Village:Elgin (anticipated) Award:July 6,2009
County:Kane&Cook (anticipated) Begin Construction:August 4,2009
Personnel Hours Required
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3 Augi Construction Layout li 18 8 • 5 29 4 "
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18-Aug;OenstrictonO45ervation&"Doc,;:""t r 1t) 10. •1
19-Aug.Construction 04setvation&Doe:.,: ? ); 10 • 4 . .14 - 1' .
20-Aug•Constructi n Observation.&.f?oc; + 10 ' - 10. 1
21-Aug•Const.6bse64on,Dgc„Report§. 1 ' •} 6 8 5 ',`' 10 2 34: 2
22-Aug 0
23-Aug 0
24-Aug;Constructipn Observation&Doc. 2 •1:0 '.2•.• - - 14: 2
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26-Aug;Construction Observation&"poc.: 10 - -4 • 14 -,1
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28 Aug`Cons_t.-Obaery tion,`Doc.,Reports ; 1 8 - _g_+ 5 ?,'10 2 - 34 2 ,.
29-Aug 0
30-Aug 0
31.-Aug Construction Observation,&Doc... 2_ , '10'°_ 2 14, - 2
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ENGINEERING ENTERPRISES,INC.
CONSULTING ENGINEERS
SUGAR GROVE.IL
"ORIGINAL"
Project Na-:-----""" lierracon
Consulting Engineers&Scientists
December 10, 2008 4836 Colt Road
Rockford, Illinois 61109
Phone 815.873.0990
Engineering Enterprises, Inc. Fax 815.873.0991
44W110 US Highway 20 www.terracon.com
Hampshire, Illinois 60140
Attention: Mr. Sean Mikos, E.I.
Project Engineer
•
RE: Proposal for Construction Observation and Testing Services
City of Elgin Summit Street LAPP RECENED
Section No. 08-00174-00-RS
County: Kane/Cook
Elgin, Illinois DEC 1 5 200D
Terracon Proposal No. R1908108
Dear Mr. Mikos: ENGINEERING ENTERPRISES,INC
Thank you for allowing Terracon Consultants, Inc. (Terracon) the opportunity to submit this
proposal to provide Construction Observation and Testing Services for the above referenced
project in Elgin, Illinois. We appreciate your consideration and look forward to our continued
relationship with EEI.
A. PROJECT INFORMATION
The proposed Summit Street roadway improvements will begin at the intersection of Dundee
Avenue in the city of Elgin. The work consists of resurfacing the roadway, patching, curb and
gutter repairs, sidewalk repairs and striping. The project extends in an easterly direction to
approximately 200 feet east of Hiawatha Drive, to its termination point. Roadway
improvements are about 4,160 lineal feet. It is our understandingthat seven (7) days of
asphalt paving and three(3) day of concrete placement are anticipated for the project.
B. SCOPE OF SERVICES
We understand that our scope of services will include performing QA on behalf of EEI and
the City of Elgin. Quality Control (QC) services will be performed by others on behalf of the
Contractor.
Concrete Inspection
An IDOT Level II Certified Plant Technician will perform testing at the concrete plant in
general accordance with the requirements of ACI 311.5R "Guide for Concrete Plant
Inspection of Ready Mixed Concrete" and IDOT's "Guidebook for Reporting Material
Terracon
Summit Street LAPP
Elgin, Illinois
Terracon Proposal No. R1908108
December 10,2008
Page 2
Inspection on Portland Cement Concrete Mixtures", dated February 1, 2002. The technician
will be present at the batch operations to verify that the specified type and amount of
materials batched conform to the approved design mix proportions, or that batch weights fall
within the specified tolerances. Batch weight tickets will be obtained at the batching console
with type and batch weights of aggregate, cement, water cement ratio and admixtures
shown. The weights will be compared to the mix design. On a weekly basis, samples of fine
and coarse aggregate used in concrete batched will be returned to the laboratory for
moisture content and gradation determination. Slump and air content tests will be performed
on the batched concrete. Test results not in compliance with specification or mix design will
be immediately reported to EEI personnel.
Asphalt Field Testing
Density tests will be performed on the asphalt during placement. If requested, asphalt core
samples will also be taken to verify thickness and/or density.
Asphalt Plant Testing
An IDOT Certified Plant Technician will perform testing at the asphalt plant to verify that the
materials used to produce the mix meet the approved mix design. Our technician will
perform scale checks, record asphalt mix and aggregate temperatures and obtain aggregate
samples from stockpiles/hot bins for gradation tests. Test results not in compliance with
specifications or mix design will be reported to EEI personnel, City of Elgin, IDOT and Plant
QC personnel.
Asphalt Laboratory Testing
An IDOT Certified Technician will perform gradation tests of aggregate samples collected at
the plant and perform laboratory tests of the hot mix sample to determine specific gravity,
gradation, asphalt content and voids by extraction and gyratory method. Test results not in
compliance with specifications or mix design will be reported to EEI personnel.
Additional Services
Adjustments to the estimated scope described above may be necessary if additional project
information and/or specifications related to our work are altered. If you would like us to
perform additional services beyond the scope described above, let us know and we will issue
another short Supplement to the Agreement form, or Supplemental Proposal, which outlines
the additional work to be performed and the associated fees. To authorize us to begin this
additional work, you simply return a signed copy of the Supplement.
2 of 8
Terracon
Summit Street LAPP
Elgin, Illinois
Terracon Proposal No. R1908108
December 10, 2008
Page 3
Test Results
Results of field tests will be submitted verbally to authorized personnel at the site upon
completion of the tests. Hand-written copies of our Daily Reports may be left at the job-site
trailer each day, if you desire. Final summaries of field tests and observations are usually
submitted at intervals of approximately one to two weeks. However, the report interval may
be adjusted to fit your needs.
Results of laboratory tests will be submitted either upon completion of tests or with the next
field services report.
The presence of and testing performed by our representative does not relieve the
contractor(s) or his agent(s) from contractual responsibilities and does not excuse defects in
his work. Our services specifically exclude job site safety responsibility, and our services do
not relieve any contractor/subcontractor from complying with project specifications.
Proiect Schedule
Our services will be provided as requested by you or your designated representative. We
recommend the services be scheduled a minimum of one (1) working day in advance. We
will endeavor to schedule services on lesser notice, but may not always be able to meet the
desired project schedule. All requests for services should be submitted to this office, (phone
815/873-0990).
C. COMPENSATION
The billing for our services will be based on the work performed and charged in accordance
with our schedule of fees listed below. We understand that this project will fall under Illinois
Prevailing Wage law.
UNIT RATES
Principal Engineer(P.E.) $140.00/hour
Project Engineer** (Project Coordination/Supervision and Reports) $90.00/hour
Field Technician* $86.40/hour
Lab Technician* $35.07/hour
Standard or Modified Proctor $175.00/each
Cylinders (Concrete, Mortar, Grout Compressive Strength Test) $18.00/each
Equipment/Vehicle Charge $55.00/trip
Nuclear Density Gauge $50.00/day
3 of 8
Terracon
Summit Street LAPP
Elgin, Illinois
Terracon Proposal No. R1908108
December 10,2008
Page 4
Sieve Analysis - Unwashed (ASTM C 136) $90.00/each
Sieve Analysis—Washed over#200 sieve (ASTM C 136) $110.00/each
Asphalt Content and Washed Gradation (Extraction/Reflux Method) $265.00/each
Core Density and Thickness $55.00/each
Coring Equipments (Coring Rig & Generator) $150.00/day
Super Pave (Gyratory Molded) Density (Set of 2 specimens) $250.00/set
Theoretical Maximum Specific Gravity $150.00/each
*Our unit rates are based on a normal 8-hour workday, Monday through Friday, between
normal business hours of 6:00am to 5:00pm. Overtime beyond 8-hours per day, outside
normal hours and on Saturday will be invoiced at a rate of 1.3 times the normal hourly rate
indicated above. Work on Sundays and Holidays will be invoiced at 2.0 times the hourly
rate. All site visits will be subject to a 4-hour minimum charge. Above rates are portal-to-
portal from our Rockford, Illinois office. The above rates are valid through the duration of the
project.
**A minimum of hour of Project Engineering time will be charged per technician per day.
Terracon's fees would be determined by the actual amount of technical time expended for
this project and the amount of laboratory testing performed. For the outlined scope of
services described in this proposal, and the estimated project duration, our total fee is
estimated to be on the order of $ 7,525.13, a breakdown of estimated number of visits for
each service type is included in the attached spreadsheet.
The actual cost of our services will depend on the construction schedule, weather, site
conditions and contractor performance. Please note that Terracon has little to no control
over the project schedule or the means and methods of construction. Therefore, the amount
of time required can vary somewhat and the estimated construction materials testing budget
can vary from our initial estimate.
D. AUTHORIZATION
This proposal is prepared for the exclusive use of Engineering Enterprises, Inc. This
proposal may be accepted by signing both originals of the attached Agreement for Services
and returning both executed copies along with this proposal to Terracon. One fully executed
copy will be returned to you for your files. This proposal is valid only if authorized within sixty
days from the listed proposal date.
4 of 8
Terracon
Summit Street LAPP
Elgin,Illinois
Terracon Proposal No. R1908108
December 10,2008
Page 5
Once again, we appreciate the opportunity to submit this proposal for the Construction
Testing Services, and we look forward to working with you on this project. If you have any
questions or would like to further discuss our scope of service, please do not hesitate to
contact us.
Sincerely,
Terracon Consultants, Inc.
Eric D. Kunz, P.E.
Office Manager
Attachments: Cost Estimate and Agreement for Services
5 of 8
•
Exhibit A-Preliminary Engineering
Route: Summit Street 'Firm's approved rates on file with IDOT'S
Local Agency: City of Elgin Bureau of Accounting and Auditing:
(MunicipalltyfrownshiplCounty)
Section: 08-00174-00-RS Overhead Rate(OH) 145.00%
Project: Complexity Factor(R) 0.00
Job No.: Calendar Days
Method of Compensation:
Cost Plus Fixed Fee 1 ❑ 14.5%[DL+R(DL)+OH(DL)+IHDCI
Cost Plus Fixed Fee 2 ❑X 14.5%[DL+R(DL)+1.4(DL)+IHDC]
Cost Plus Fixed Fee 3 ❑ 14.5%[(2.3+R)DL+IHDC]
Specific Rate ❑
Lump Sum ❑
Cost Estimate of Consultant's Services in Dollars
Element of Work Employee Man- Payroll Payroll Overhead' Services by In-House Direct Profit Total
Classification Hours Rate Costs(DL) Others Costs(IHDC)
PCC Testing
Field Testing Field Technician 20 30.80 616.00 893.20 218.83 1728.03
Laboratory Testing Lab Technician 2 12.50 25.00 36.25 8.88 70.13
Concrete
Compressive
Strength Test 12 18.00 216.00
Stockpile Gradation
(Washed) 4 110.00 440.00
Vehicle Usage 4 55.00 220.00
Bituminous Concrete Testing
Field Testing Field Technician 20 30.80 616.00 893.20 218.83 1728.03
Extraction/Asphalt
Content Tests 2 265.00 530.00
Bulk Specific Gravity
by Gyratory 2 250.00 500.00
Maxium Specific
Gravity 2 150.00 300.00
Stockpile Gradation
(Washed) 6 110.00 660.00
Laboratory Testing Lab Tech 2 12.50 25.00 36.25 8.88 70.13
Vehicle Usage 2 55.00 110.00
Nuclear Gauge 2 50.00 100.00
Report Review/Preparation
Project Review 1Project Manager 10 30.40 304.00 440.80 108.00 852.80
Total 90 1586.00 2299.70 503.43 7525.13
lrerracon
AGREEMENT FOR SERVICES
This AGREEMENT is between Engineering Enterprises,Inc.("Client")and Terracon Consultants, Inc.("Consultant")for Services to be provided by
- Consultant for Client on the Summit Street LAPP-Elgin,Illinois project("Project),as described in the Project Information section of Consultant's
Proposal dated December 10,2008("Proposal")unless the Project is otherwise described in Exhibit A to this Agreement(which section or Exhibit is
incorporated into this Agreement).
1. Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal ("Services"),unless
Services are otherwise described in Exhibit B to this Agreement(which section or exhibit is incorporated into this Agreement).Portions of the
Services may be subcontracted. Consultant's Services do not include the Investigation or detection of,nor do recommendations in Consultant's
reports address the presence or prevention of biological pollutants(e.g.,mold,fungi,bacteria,viruses,or their byproducts)or occupant safety
issues,such as vulnerability to natural disasters,terrorism, or violence. If Services include purchase of software, Client will execute a separate
software license agreement.Consultant's findings,opinions,and recommendations are based solely upon data and information obtained by and
furnished to Consultant at the time of the Services.
2. Acceptance. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the
Services,and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request,both
parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.Additional
terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties.In the event Client uses a
purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken.This Agreement shall not be assigned by either party without prior written consent of the other party.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so
requests, Consultant will return to Client a statement(or supplemental proposal)of the change setting forth an adjustment to the Services and
fees for the requested changes.Following Client's review,Client shall provide written acceptance.If Client does not follow these procedures,but
instead directs, authorizes,or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant
will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at
the site or described to Consultant at the time of proposal,Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment.Client shall pay compensation for the Services performed at the fees stated in the Compensation
section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this
Agreement). If not stated in either,fees will be according to Consultant's current fee schedule.Fee schedules are valid for the calendar year in
which they are issued.Consultant may invoice Client at least monthly and payment is due upon receipt of invoice.Client shall notify Consultant in
writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall
promptly pay the undisputed portion.Client shall pay a finance fee of 1.5%per month,but not exceeding the maximum rate allowed by law,for all
unpaid amounts 30 days or older.Client agrees to pay all collection-related costs that Consultant incurs,including attorney fees.Consultant may
suspend Services for lack of timely payment.If it is later determined that Illinois prevailing wage applies,then Client agrees to pay charges
reflecting prevailing wages from that point forward,as well as a retroactive adjustment to bring amounts previously paid in line with
prevailing wage.
5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third
party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and Is not intended for third parties. For a
limited time period not to exceed three months from the date of the report, Consultant will issue additional reports to others agreed upon with
Client,however Client understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and
Consultant receives the agreed-upon reliance fee.
6. LIMITATION OF LIABILITY.CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THiS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
RISKS SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO
THE GREATER OF$25,000 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING
ATTORNEY AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S)OR
THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY
TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall defend, indemnify, and hold harmless the other, their agents, and
employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or
expenses are caused by their negligent acts, errors,or omissions. In the event such claims,losses,damages,or expenses are caused by the
joint or concurrent negligence of Consultant and Client,they shall be borne by each party in proportion to its own negligence under comparative
fault principles. Causes of action arising out of Consultant's services or this Agreement regardless of cause(s)or the theory of liability,including
negligence,indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later
than the date of Consultant's substantial completion of services on the project.
8. Warranty.Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. CONSULTANT MAKES NO WARRANTIES OR GUARANTEES,
EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR
WARRANTIES IMPOSED BY LAW,INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (i)workers' compensation insurance in accordance with the
laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance
($1,000,000);(ii)commercial general liability insurance($1,000,000 occ/$2,000,000 agg);(iii)automobile liability insurance($1,000,000 B.I.and
P.D. combined single limit); and (Iv) professional liability insurance ($1,000,000 claim /agg). Certificates of insurance will be provided upon
request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.
Client and Owner are additional Insured with respect to general and auto liability.
Agreement Reference Number(Terracon Proposal or Project Number):R1908108
Page 1 of 2 _ Rev.3-08
•
lierracon
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE;LOSS
OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES,GOODS, OR SERVICES; COST OF CAPITAL;
OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES.
11. Dispute Resolution.Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless
and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant
has violated the standard of care applicable to Consultant's performance of the Services.Client shall provide this opinion to Consultant and the
parties shall endeavor to resolve the dispute within 30 days,after which Client may pursue its remedies at law.This Agreement shall be governed
by and construed according to Kansas law.
12. Subsurface Explorations.Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test pits,or
other exploratory services.Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a
reasonable distance from those locations.Consultant will take reasonable precautions to reduce damage to the site when performing Services;
however,Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless
specifically included in the Services.
13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures, and that such procedures
indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions
based on tests and field observations only for the work tested.Client understands that testing and observation are not continuous or exhaustive,
and are conducted to reduce-not eliminate-project risk.Client agrees to the level or amount of testing performed and the associated risk.Client
is responsible(even if delegated to contractor)for notifying and scheduling Consultant so Consultant can perform these Services. Consultant
shall not be responsible for the quality and completeness of contractor's work or their adherence to the project documents, and Consultant's
performance of testing and observation services shall not relieve contractor in any way from its responsibility for defects discovered in its work,or
create a warranty or guarantee. Consultant will not supervise or direct the work performed by contractor or its subcontractors and is not
responsible for their means and methods.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed In testing or disposed of upon completion of tests
(unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or
available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or
contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it
becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Material unless specifically provided in the
Services, and that Client is responsible for directing such disposition. In the event that test samples obtained during the performance of Services
(i) contain substances hazardous to health, safety, or the environment, or (ii) equipment used during the Services cannot reasonably be
decontaminated,Client shall sign documentation(if necessary)required to ensure the equipment and/or samples are transported and disposed of
properly,and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be
required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release
notifications to appropriate governmental agencies.The Client agrees that Consultant neither created nor contributed to the creation or existence of
any Affected Materials conditions at the site.Accordingly,Client waives any claim against Consultant and agrees to indemnify and save Consultant,its
agents, employees, and related companies harmless from any claim, lability or defense cost, including attorney and expert fees, for injury or loss
sustained by any party from such exposures allegedly arising out of Consultant's non-negligent performance of services hereunder,or for any claims
against Consultant as a generator,disposer,or arranger of Affected Materials under federal,state,or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain
Consultant's property. Proprietary concepts, systems,and ideas developed during performance of the Services shall remain the sole property of
Consultant Files shall be maintained in general accordance with Consultant's document retention policies and practices.
16. Utilities.Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures.Consultant shall take
reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to
subterranean structures or utilities that are not called to Consultant's attention,are not correctly marked, including by a utility locate service,or
are incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits,licenses, and consents necessary to commence
and complete the Services and will execute any necessary site access agreement.Consultant will be responsible for supervision and site safety
measures for its own employees,but shall not be responsible for the supervision or health and safety precautions for any other parties,including
Client,Client's contractors,subcontractors,or other parties present at the site.
18. Termination.Either party may terminate this Agreement or the Services upon written notice to the other.In such case,Consultant shall be paid
costs incurred and fees earned to the date of termination plus reasonable costs of closing the project.
Consultant: Terracon Consultants Clien• -ng '. I g Enterprises, Inc.
By: Date: 12/10/08 By: Ariv Date: (2/to/0$
Name/Title: Er' .Kunz, P.E.-Office Manager Name,itle: j)tso," iyt-/t' Tfsz-<"tltr'-9Tia4C.
Address: 4836 Colt Road Address: 'S'—L67rzc-, 4040
Rockford, Illinois 61109 :la.3 � 64 .Lz. 64 STY
Phone: 815.873.0990 Fax: 815.873.0991 Phone: L ya/S((p6 S 3TJ Fax: 6 3c)/' 6(—9 5. D
Agreement Reference Number(Terracon Proposal or Project Number):R1908108
Pace 2 of 2 Rev.3-06
•
.171
. °ORIGINAL'
,°
Esti City of Elgin Project No.:
Mayor
Ed Schock
Off,vi�� `ISI m
pti Council Members
RirrllcE
Juan Figueroa
RECENEDRobert Gilliam
David J. Kaptain
F.John Steffen
John Walters
City Manager
March 2, 2009 MAR " 6 2009 Olufemi Folarin
Ms. Diane O'Keefe ENGINEERING ENTERPRISES,INC.
District One
Illinois Department of Transportation
201 West Center Court
Schaumburg, IL 60196
Re: FAU 1320/Summit Street: Dundee Avenue to Hiawatha Drive (LAPP Improvements)
Phase III Construction Engineering Services Agreement
Section No. 08-00174-00-RS
Project NoARA-9003(225)
Job No. C-91-283-09
Type of Funding: STU
Existing Structure No.: N/A
City of Elgin
Dear Ms. O'Keefe;
The City of Elgin has been asked to submit a letter to certify that it has complied with the "Local
Government Professional Services Selection Act" 50 ILCS 510/0.01. The City of Elgin has utilized
Engineering Enterprises, Inc., as well as a few other engineering firms, to search for grants to provide
project funding. If the firm successfully obtains a grant, then that firm receives the engineering
services agreement from the City to prepare all necessary documents to bid the particular project and
then oversees construction. The agreement that employs the engineering firm to obtain the grant is a
no-fee agreement. I have attached a copy of the no-fee agreement with Engineering Enterprises, Inc.
for your consideration.
For the referenced project, the City elected to utilize Engineering Enterprises, Inc., 44W110 U.S. Hwy
20, Hampshire, IL 60140 because they obtained the grant with your agency and in accordance with the
no-fee agreement and based on the following criteria:
1. The consultant's available resources to successfully undertake the proposed field survey work,
2. The qualifications of the consultant's personnel who would be assigned to work on this project,
F\Public_Works\Engineering\Capital Projects Summit Street LAPPUidot03-okeefe(from elgin).doc
150 Dexter Court• Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 •TDD 847/931-5616
www.cityofelgin.org
® Printed on recycled paper
3. The consultant's willingness to complete the construction engineering services in a given time
frame, and
4. The consultant is prequalified by the Illinois Department of Transportation to do this type of
work.
In conclusion, the City believes it has met and exceeded the requirements of the "Local Government
Professional Services Selection Act". Should you have any questions, please contact me at the City
Hall (847)931-5955.
07Hely,
L
dreph Evers P. E.
City Engineer
Cc: Olufemi Folarin, City Manager
David Lawry, P.E., General Services Group Director
Haresh Modi, P.E., Civil Engineer I
F:\Public_Works\Engineering\Capital Projects\Summit Street LAPPVidot03-okee(e(Iron etgin).doc
AGREEMENT
Se
THIS AGREEMENT is hereby made and entered into this\ day of ,2008, by and
between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as
"CITY") and Engineering Enterprises, Inc., an Illinois corporation (hereinafter referred to as
"ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services for a grant writer program to apply on behalf of the CITY for grants from various
agencies for projects in the CITY's approved five-year capital plan as well as other programs and
services that benefit the CITY; and
WHEREAS,the ENGINEER represents that it is in compliance with Illinois Statutes relating
to professional registration of individuals and has the necessary expertise and experience to
furnish such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the CITY does
hereby retain the ENGINEER to act for and represent the CITY in the matters involved in the
PROJECT as described herein, subject to the following terms and conditions and stipulations,to-
wit:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Director of Public
Works of the CITY,herein after referred to as the"DIRECTOR".
B. The ENGINEER shall provide the grant administration consultive services for the
• CITY as described in Exhibit A attached hereto entitled"Scope of Services City of
Elgin Grant Writer Program"a copy of which is attached hereto and incorporated
herein by this reference.
II. SCHEDULE
The ENGINEER shall provide the services outlined in Exhibit A within a two year
time frame following the entry into and execution of this Agreement. The
ENGINEER shall submit to the DIRECTOR status reports every ninety (90) days
providing a brief progress report identifying progress, findings and outstanding
issues.
-2-
III. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including,but not
limited to,applications,reports,designs,calculations,work drawings,studies,
photographs,models and recommendations shall be the property of the CITY and
shall be delivered to the CITY upon request of the DIRECTOR,provided,however,
that the ENGINEER may retain copies of such work products for its records. Such
work products are not intended or represented to be suitable for reuse by the CITY on
any extension to the PROJECT or on any other project,and such reuse shall be at the
sole risk of the CITY without liability to the ENGINEER.
IV. COMPENSATION TO THE ENGINEER
As compensation for the performance of the described services the CITY agrees to
select the ENGINEER to perform the planning, designing, construction engineering
services for any project for which outside funding is secured as a result of the
ENGINEER'S grant writing services. The form of any such future agreements
between the CITY and the ENGINEER shall be as substantially set forth in this
Agreement. Compensation to the ENGINEER in any such future agreements is to be
negotiated as part of such a separate agreement and such separate agreements are
subject to the parties agreeing on reasonable compensation to the ENGINEER. The
fiscal year for the CITY is the 12 month period ending December 31. The obligations
of the CITY to proceed with any project for which outside funding is secured as a
result of the ENGINEER'S grant writing services or to proceed with any agreement
with the ENGINEER in connection with any such project are subject to and
contingent upon the appropriation of funds by the City Council of the CITY for any
such projects and for any such related agreements with the ENGINEER for such
projects.
V. NON-EXCLUSIVITY
This agreement shall not be exclusive. City may enter into any agreements with any
other entity regarding the subject matter hereof at any time and for any reason without
liability to ENGINEER.
VI. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement
at any time upon fifteen(15)days prior written notice to the ENGINEER.
VII. TERM
This Agreement shall terminate on August 31,2010.
'
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VIII. INTENTIONALLY OMITTED
IX. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or
breach shall be deemed to constitute a default,and the other party has the right to
seek such administrative, contractual or legal remedies as may be suitable to the
violation or breach; and,in addition,if either party,by reason of any default,fails
within fifteen(15)days after notice thereof by the other party to comply with the
conditions of the Agreement,the other party may terminate this Agreement.
X. INDEMNIFICATION
To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify,
defend and hold harmless the CITY, its officers, employees, agents, boards and
commissions from and against any and all claims, suits,judgments, costs, attorney's
tees, damages or other relief, including but not limited to workers' compensation
claims, in any way resulting from or arising out of negligent actions or omissions of
the ENGINEER in connection herewith, including negligence or omissions of
employees or agents of the ENGINEER arising out of the performance of this
Agreement. In the event of any such action against the CITY,its officers,employees,
agents, boards or commissions, covered by the foregoing duty to indemnify, defend
and hold harmless such action shall be defended by legal counsel of the CITY's
choosing. The provisions of this paragraph shall survive any termination or "
expiration of this agreement.
XI. NO PERSONAL LIABILITY
No official,director,officer,agent or employee of the CITY shall be charged
personally or held contractually liable under any term or provision of this Agreement
or because of their execution, approval or attempted execution of this Agreement.
XII. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and
maintain in effect, during the term of this Agreement, a policy of comprehensive
general liability insurance written in occurrence form with limits of at least
$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property
damage.
The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance
naming the CITY AS ADDITIONAL INSURED. The policy shall not be
modified or terminated without thirty (30) days prior written notice to the
-4 -
DIRECTOR.
Such Certificate of Insurance shall include,but not be limited to, coverage for the
obligations assumed by ENGINEER pursuant to Article X herein entitled
"Indemnification".
Such above-referenced insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the CITY. There shall
be no endorsement or modification of this insurance to make it excess over other
available insurance, alternatively, if the insurance states that it is excess or
prorated,it shall be endorsed to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile
Liability Insurance written in occurrence form covering all owned, non-owned
and hired motor vehicles with limits of not less than $500,000 per occurrence for
damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage
for the general liability and auto exposures may be met with a combined single
limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry Engineer's
Professional Liability Insurance covering claims resulting from error, omissions
or negligent acts with a combined single limit of not less than $1,000,000 per
occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as
evidence of insurance protection. The policy shall not be modified or terminated
without thirty(30)days prior written notice to the DIRECTOR.
XIII. INTENTIONALLY OMITTED
XIV. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,
there shall be no discrimination against any employee or applicant for employment
because of sex, age, race, color, creed, national origin,marital status, of the presence
of any sensory, mental or physical handicap, unless based upon a bona fide
occupational qualification, and this requirement shall apply to, but not be limited to,
the following: employment advertising, layoff or termination, rates of pay or other
forms of compensation and selection for training, including apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit
of any services or activities made possible by or resulting from this Agreement on the
grounds of sex, race, color, creed, national origin, age except minimum age and
•
,
- 5 -
retirement provisions, marital status or the presence of any sensory, mental or
physical handicap. Any violation of this provision shall be considered a violation of a
material provision of this Agreement and shall be grounds for cancellation,
termination or suspension,in whole or in part,of the Agreement by the CITY.
XV. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the
successors and the assigns of the parties hereto; provided, however, that no
assignment shall be made without the prior written consent of the CITY.
XVI. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms,
conditions and other provisions of this Agreement and the ENGINEER shall remain
liable to the CITY with respect to each and every item,condition and other provision
hereof to the same extent that the ENGINEER would have been obligated if it had
done the work itself and no assignment,delegation or subcontract had been made.
Any proposed subcontractor shall require the CITY's advanced written approval.
XVII. NO CO-PARTNERSHIP OR AGENCY
This agreement shall not be construed so as to create a partnership,joint venture,
employment or other agency relationship between the parties hereto,except to such
extent as may be specifically provided for herein.
XVIII. SEVERABILITY
The parties intend and agreed that,if any paragraph,sub-paragraph,phrase,
clause or other provision of this Agreement,or any portion thereof, shall be held to be
void or otherwise unenforceable,all other portions of this Agreement shall remain in
full force and effect.
XIX. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as
a matter of convenience and for reference and in no way are they intended to define,
limit or describe the scope of intent of any provision of this Agreement,nor shall they
be construed to affect in any manner the terms and provisions hereof or the
interpretation or construction thereof.
XX. SOLE AGREEMENT
This agreement and its attachments constitutes the entire and sole agreement of the
parties hereto regarding the subject matter hereof and may not be changed, modified,
discharged or extended except by written amendment duly executed by the parties
hereto. There are no other agreements, either oral or implied, regarding the subject
matter hereof. No representations or warranties shall be binding upon the other party
unless expressed in writing herein or in a duly executed written amendment hereof,or
written change order as herein provided.
r• ,
•
-6-
XXI. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed
in accordance with the laws of the State of Illinois. Venue for the resolution of any
disputes or the enforcement of any rights pursuant to this agreement shall be in the
Circuit Court of Kane County,Illinois.
XXII. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from
the DIRECTOR,nor will the ENGINEER make public proposals developed under
this Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
XXIII. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's
employ or any work associated with the PROJECT.
XXIV. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this
contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or
federal statute regarding bid rigging.
XXV. SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have written sexual harassment
policies that include, at a minimum,the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment,utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights,and the Illinois Human Rights
Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights
Act.
A copy of the policies must be provided to the Department of Human Rights upon
request 775 ILCS 5/2-105.
-7-
XXVI. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the
DIRECTOR and to other participants which may affect cost or time of completion,
shall be made or confirmed in writing. The DIRECTOR may also require other
recommendations and communications by the ENGINEER be made or confirmed in
writing.
XXVII. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
ENGINEER shall comply with all applicable Federal, State,City and other
requirements of law,including,but not limited to, any applicable requirements
regarding prevailing wages,minimum wage,workplace safety and legal status of
employees.Without limiting the foregoing,ENGINEER hereby certifies,represents
and warrants to the CITY that all ENGINEER's employees and/or agents who will be
providing products and/or services with respect to this AGREEMENT shall be legal
residents of the United States. ENGINEER shall also at its expense secure all permits
and licenses, pay all charges and fees and give all notices becessary and incident to
the due and lawful prosecution of this AGREEMENT.The CITY shall have the right
to audit any records in the possession or control of the ENGINEER to determine
ENGINEER's compliance with the provisions of this section. In the event the CITY
proceeds with such an audit the ENGINEER shall make available to the CITY the
ENGINEER's relevant records at no cost to the CITY.
XXVIII. NOTICES
All notices,reports and documents required under this Agreement shall be
in writing and shall he mailed by First Class Mail,postage prepaid,addressed as
follows:
A. As to CITY:
JOHN LOETE,P.E.
Director of Public Works
City of Elgin
150 Dexter Court •
Elgin,Illinois 60120-5555
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B. As to ENGINEER:
THOMAS W.TALSMA
Vice President
Engineering Enterprises,Inc
52 Wheeler Road
Sugar Grove,Illinois 60554
IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and
executed this Agreement in triplicate as though each copy hereof was an original and that there
are no other oral agreements that have not been reduced to writing in this statement.
For the CITY:
ATTEST: THE CITY OF ELGIN
By\ '''-1-1-1,,,-.6,s,- .4. 1.0A��n By
kft.gimmix, _ .�.,,
City Clerk 1 Ci `Manage '
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(SEAL) '
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For the ENGINE : .
Dated this day of August,A,D.,2008
ATTEST:
By IN VI C/L t ' BY6' /,(H/n44,4VileAn14--
Secretary
Vice President
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ARRA EMPLOYMENT REPORTING REQUIREMENTS
MONTHLY EMPLOYMENT REPORT
In addition to any other reporting required by the contract the ENGINEER shall provide to the
STATE an employment summary for all employees working on the contract from the contract
execution date to the last full pay period each month for the duration of the contract. The report
may include but is not limited to:
a) A listing of the total number of employees.
b) The employee job classification.
c) The total hours worked and payroll for each employee.
The report shall be completed by the ENGINEER and contain information for the ENGINEER
and sub-consultants. Employee hours worked from home office or other off-site office hours
worked related directly to this contract shall be included. The report shall contain all hours
worked under the contract from the start of the month to the last full pay period each month and
shall be submitted no later than 5 calendar days after the end of each month. The report shall
be submitted via IDOT's employment reporting website,
https://economicstimulus.dot.illinois.gov.
The ENGINEER must have a DUNS number to enter employment information into the above
referenced website. A DUNS number may be obtained at the following web site,
http://www.dnb.com/US/duns update/. NOTE: The ENGINEER's address used in the
employment reporting website must exactly match the address used for the DUNS number
registration.
AMERICAN RECOVERY AND REINVESTMENT ACT PROVISIONS
Section 902 of the American Recovery and Reinvestment Act (ARRA) of 2009 requires that this
contract awarded using ARRA funds allow the U.S. Comptroller General and his representatives
with the authority to examine any records of the ENGINEER or any of its sub-consultants that
directly pertain to, and involve transactions relating to, the contract or subcontract; and to
interview any officer or employee of the ENGINEER or any of its sub-consultants. Accordingly,
the Comptroller General and his representatives shall have the authority and rights as provided
under Section 902 of the ARRA with respect to this contract, which is funded with funds made
available under the ARRA. Section 902 further states that nothing in this section shall be
interpreted to limit or restrict in any way any existing authority of the Comptroller General.
NOTIFICATION OF THE AUTHORITY OF THE INSPECTOR GENERAL
Section 1515(a) of the ARRA provides authority for any representatives of the Inspector General
to examine any records or interview any employee or officers working on this contract. The
ENGINEER is advised that representatives of the inspector general have the authority to
examine any record and interview any employee or officer of the ENGINEER, its sub-consultant
or other firms working on this contract. Section 1515(b) further provides that nothing in this
section shall be interpreted to limit or restrict in any way any existing authority of an inspector
general.
Illinois Department of Transportation
2300 South Dirksen Parkway / Springfield, Illinois /62764
g: ,:z P fl nil a#
August 26, 2009
Qui
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Diane Robertson
City Clerk B,y— _
150 Dexter Court
Elgin, IL 60120
Subject: City of Elgin
Section 08-00174-00-RS
Project ARA-9003(225)
Job No. C-91-283-09
Dear Ms. Robertson:
The attached joint agreement for the subject section was executed by the
department on August 25, 2009.
Sincerely,
,aa 6). ‘Veielef.
Darrell W. Lewis, P.E.
Acting Engineer of Local Roads and Streets
Attachment
cc: Joseph Evers, Municipal Engineer
Diane O'Keefe Attn: Christopher Holt
Debbie Marks Attn: Project Control
Chuck Schmitt
Bill Frey Attn: Sunday Odele
—___., Local Agency State Contract Day Labor Local Contract RR Force Account
'Inas Department
of Transportation City of Elgin X
Local Agency Agreement Section Fund Type ITEP Number
for Federal Participation 08-00174-00-RS ARU
Construction Engineering Right-of-Way
Job Number Project Number Job Number Project Number Job Number Project Number
C-91-283-09 ARA-9003(225)
This Agreement is made and entered into between the above local agency hereinafter referred to as the"LA"and the state of Illinois, acting
by and through its Department of Transportation, hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the
designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the
STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA".
Location
Local Name Summit Street Route FAU 1320 Length 0.788 Miles
Termini Dundee Avenue to Hiawatha Drive
Current Jurisdiction LA Existing Structure No N/A
® Project Description
This work shall consist of milling(1.0 inches and variable)and resurfacing(2.0 inches surface,0.75 inches leveling binder)the above
mentioned four lane roadway along with the bi-directional turn-lane, 7 inch Class D patching to correct base failure, repairing damaged
section of B-6.24 curb and gutter, replacing damaged sidewalk, adjusting manholes,applying crack control, striping, and restoration.
Division of Cost
Type of Work FHWA % STATE % LA % Total
Participating Construction 812,030 ( * ) ( ) 0 ( BAL ) 812,030
Non-Participating Construction ( ) ( ) ( )
Preliminary Engineering ( ) ( ) ( )
Construction Engineering 121,810 ( * ) ( ) 0 ( BAL ) 121,810
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
Materials
TOTAL $ 933,840 $ $ $ 933,840
*Maximum FHWA(ARU)Participation 100% Not to Exceed$933,840.00.
NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and
State participation. The actual costs will be used in the final division of cost for billing and reimbursment.
If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above.
The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost.
Local Agency Appropriation
By execution of this Agreement,the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and
additional funds will be appropriated, if required,to cover the LA's total cost.
Method of Financing(State Contract Work)
METHOD A—Lump Sum(80%of LA Obligation)
METHOD B— Monthly Payments of
METHOD C—LA's Share Balance divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Printed on 6/4/2009 Page 1 of 4 BLR 05310(Rev.05/28/09)
Agreement Provisions
- THE LA AGREES:
(1) To acquire in its name,or in the name of the state if on the state highway system,all right-of-way necessary for this project in
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970,and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all
requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments,if any,will be
cooperatively determined by representatives of the LA,and STATE and the FHWA, if required.
(2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities,public and private,
in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
of the proposed improvement.
(4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied
by a location map). If the improvement location is currently under road district jurisdiction,an addendum is required.
(5) To maintain or cause to be maintained,in a manner satisfactory to the STATE and FHWA,the completed improvement,or that
portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
(7) To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to
verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and
the department;and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department;and to
provide full access to all relevant materials. Failure to maintain the books,records and supporting documents required by this
section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for
which adequate books, records and supporting documentation are not available to support their purported disbursement.
(8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of
the proposed improvement.
(9) To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA.
(10) (State Contracts Only) That the method of payment designated on page one will be as follows:
Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LA will pay to the STATE, in lump sum,
an amount equal to 80%of the LA's estimated obligation incurred under this Agreement,and will pay to the STATE
the remainder of the LA's obligation(including any nonparticipating costs)in a lump sum, upon completion of the
project based upon final costs.
Method B- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE,a specified
amount each month for an estimated period of months,or until 80%of the LA's estimated obligation under the
provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation(including
any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs.
Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the
LA will pay to the STATE,an amount equal to the LA's share of the construction cost divided by the estimated total
cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs)made to the contractor until
the entire obligation incurred under this Agreement has been paid.
(11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding,equipment,labor,material and services
necessary to construct the complete project.
(12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this
preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the
fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this
Agreement.
(13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the
close of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any
Federal Funds received under the terms of this Agreement.
(14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to
the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation,2300 South Dirksen Parkway, Springfield,
Illinois,62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad
related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for
railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office.
Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for
review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic
signals should also be coordinated with the IDOT's District Bureau of Operations.
The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to
requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of
Local Roads and Streets office.
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
Printed on 6/4/2009 Page 2 of 4 BLR 05310(Rev.05/28/09)
(15) And certifies to the best of its knowledge and belief its officials:
(a) are not presently debarred,suspended, proposed for debarment,declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a public(Federal,
State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission
of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements receiving stolen
property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State, local)with
commission of any of the offenses enumerated in item(b)of this certification;and
(d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal,State, local)
terminated for cause or default.
(16) To include the certifications,listed in item 15 above and all other certifications required by State statutes,in every contract,
including procurement of materials and leases of equipment.
(17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to
the responsible low bidder as determined by the STATE.
(18) That for agreements exceeding$100,000 in federal funds,execution of this Agreement constitutes the LA's certification that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of
Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of
any cooperative agreement,and the extension, continuation,renewal, amendment or modification of any Federal contract,
grant,loan or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress or an employee of
a Member of Congress, in connection with this Federal contract,grant,loan or cooperative agreement,the undersigned shall
complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions;
(c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties
(including subcontracts,subgrants and contracts under grants,loans and cooperative agreements)and that all subrecipients
shall certify and disclose accordingly.
(19) To regulate parking and traffic in accordance with the approved project report.
(20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.
(21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with current Illinois Compiled Statutes.
(22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the
improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting
documentation is defined as verification of payment,certified time sheets,vendor invoices,vendor receipts,and other
documentation supporting the requested reimbursement amount.
(23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of
the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000).
(24) Upon completion of this phase of the improvement,the LA will submit to the STATE a complete and detailed final invoice with all
applicable supporting supporting documentation of all incurred costs,less previous payments,no later than one year from the date
of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the
improvement,the most recent invoice may be considered the final invoice and the obligation of the funds closed.
(25) (Single Audit Requirements) That if the LA receives$500,000 or more a year in federal financial assistance they shall have an
audit made in accordance with the Office of Management and Budget(OMB)Circular No.A-133. LA's that receive less than
$500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after
the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway
planning and construction activities is 20.205.
THE STATE AGREES:
(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity
of the LA's certification of compliance with Titles II and III requirements.
(2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the
STATE(and FHWA, if required)and to award a contract for construction of the proposed improvement,after receipt of a
satisfactory bid.
(3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and
to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction
work:
Printed on 6/4/2009 Page 3 of 4 BLR 05310(Rev.05/28/09)
(a)' To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient
cost information and show evidence of payment by the LA;
(b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by
STATE inspectors of steel,cement,aggregate, structural steel and other materials customarily tested by the STATE.
• IT IS MUTUALLY AGREED:
(1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve
the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not
awarded within three years of the date of execution of this Agreement.
(2) This Agreement shall be binding upon the parties, their successors and assigns.
(3) For contracts awarded by the LA,the LA shall not discriminate on the basis of race,color, national origin or sex in the award and
performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.
The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of USDOT—assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by
USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved
program,the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). In the absence
of a USDOT—approved LA DBE Program or on State awarded contracts,this Agreement shall be administered under the
provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program.
(4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further
payment being required if, in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to
appropriate or otherwise make available funds for the work contemplated herein.
(5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or
amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.)unless the provisions of that Act exempt its
application.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1 Location Map
(Insert addendum numbers and titles as applicable)
The LA further agrees,as a condition of payment,that it accepts and will comply with the applicable provisions set forth in this Agreement
and all addenda indicated above.
APPROVED APPROVED State of Illinois
Depa ment of Transportation
Name Edward Schock
Title Mayor La .41Adami p�i''So 9
on/MayorNAfege44eside441c Mr' ig,Secr- -ry of ii ansportation Date
Signature By:
��� ,Delegate's Signature) IOW
Date 9141.-, gj
(Delegate's Name-Printed)
TIN Number 36-6005862
•,
NOTE: If signature is by an APPOINTED official,a resolution authorizing Chris e M •eed,D ector o ghways/ —i Engineer Date
said appointed official to execute this agreement is required.
..,... Ilk J - 3-
V
c an,=°'skins' hief Counsel Date
- i?„,/,/Ann L.Schneider,Director of Finance and Administrati Date
Printed on 6/5/2009 Page 4 of 4 BLR 05310(Rev.05/28/09)
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Engineering Enterprises, Inc. City of Elgin 07 NOV 2008 N
.�(1F r,.• PROJECT NO.:
52 Wheeler Road m:` 150 Dexter Court EG0806
Sugar Grove, Illinois 60554 � �. Elgin, IL 60120 BY SUMMIT STREET
(630) 466-9350 fir , - (847) 931-6100 AATH: JPN LAPP IMPROVEMENTS r
www,eeiweb,corn www cityofelgin,org FILE I1:IGISIPUBUC1ELGN1EG0806
SULMIT ST_LOCATION.t•AXD