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HomeMy WebLinkAboutR-24-69VILLAGE OF DEERFIELD RESOLUTION NO. 2024- R-24-69 A RESOLUTION APPROVING AN AGREEMENT WITH CIVILTECH ENGINEERING, INC OF ITASCA, ILLINOIS FOR PHASE III ENGINEERING SERVICES WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village desires to retain a qualified firm to provide Phase III Engineering Services ("Services'); and WHEREAS, the Village issued a request for qualifications for qualified firms to complete the Services; and WHEREAS, the Village has determined that the proposal submitted by Civiltech Engineering of Itasca, Illinois ("Consultant'), is the most appropriate for the provision of the Services; and WHEREAS, the Village and Consultant desire to enter into an agreement for the provision of the Services by Consultant ("Agreement'); and WHEREAS, the Mayor and Board of Trustees have determined that entering into the Agreement with Consultant will serve and be in the best interest of the Village and its residents; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: APPROVAL OF AGREEMENT. The Agreement by and between the Village and Consultant is hereby approved in substantially the form attached to this Resolution as Exhibit A, and in a final form and substance acceptable to the Village Manager and the Village Attorney. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Mayor and the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the final Agreement upon receipt by the Village Clerk of at least one original copy of the final Agreement executed by Consultant; provided, however, that if the executed copy of the final Agreement is not received by the Village Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest will, at the option of the Mayor and Board of Trustees, be null and void. (00120920.11 SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: Metts-Childers PASSED: October 7, 2024 APPROVED: October 7, 2024 RESOLUTION NO: R-24-69 Daniel C. Shapiro, Mayor ATTEST: )*J�1. 5��L Kent S. 4treet, Village Olerk 100120920.11 EXHIBIT A Ap,reement {00120920.11 j Illinois Department of Transportation Agreement For Using Federal Funds? ® Yes ❑ No Federal CE LOCAL PUBLIC AGENCY Local Public Agency Engineering Services Agreement Agreement Type Number Original �J Local Public Agency Count Section Number Job Number Deerfield Lake 20-00108-00-PV C-91-150-24 Project Number Contact Name Phone Number Email E4Y2(438) Tyler Dickinson, P.E. (847) 719-7463 tdickinson@deerfield.il.us SECTION PROVISIONS Local Street/Road Name Ke Route Length Structure Number Hazel Avenue FAU 1263 0.96 049-6152 Location Termini Add Location Wilmot Road to Waukegan Road Remove Location The project consists of pavement widening and reconstruction. New B-6.12 curb and gutter will be provided from Illinois Trail to Waukegan Road. The existing 4-foot carriage walk will be replaced with a 6-foot carriage walk and the existing 4-foot sidewalk will be replaced with 5-foot sidewalk in its current locations. Also included are drainage system improvements and replacement of the existing watermain. Other improvements will include ADA sidewalk upgrades, spot sanitary improvements, bridge deck sealing, driveway improvements, as well as all other incidental and collateral work necessary to completer the Droiect Der the plans and specifications. Engineering Funding ® Federal ❑ MFT/TBP ❑ State Anticipated Construction Funding ® Federal ❑ MFT/TBP ❑ State ® Other +REBUILD Illinois Bond Funds ® Other IREBUILD Illinois Bond Funds AGREEMENTFOR ® Phase III - Construction Engineering CONSULTANT Prime Consultant Firm Name Contact Name Phone Number Email Civiltech Engineering, Inc. James D. Ewers, PE (630) 735-3383 jewers@civiltechinc.com Address Ci State Zip Code Two Pierce PI, Suite 1400 Itasca IL 60143 THIS AGREEMENT IS MADE between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT," will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER, acting as an individual, partnership, firm or legal entity, qualifies for professional status and will be governed by professional ethics in its relationship to the LPA and the DEPARTMENT. The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the Completed07124/24 Page 1 of 9 BLR 05530 (Rev. 07/08/22) construction PROJECT In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded AGREEMENT EXHIBITS The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT ® EXHIBIT A: Scope of Services ® EXHIBIT B: Project Schedule ® EXHIBIT C: Qualification Based Selection (QBS) Checklist ® EXHIBIT D: Cost Estimate of Consultant Services (CECS) Worksheet (BLR 05513 or BLR 05514 ) ® BC 775 M THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with the proposed improvements herein before described. 2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours. If higher -salaried personnel of the firm, including the Principal Engineer, perform services that are to be performed by lesser -salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation. Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes, and the local laws or ordinances of the LPA. 5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 6. To invoice the LPA for Preliminary and/or Design Engineering: The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called for in the AGREEMENT or any subsequent Amendment or Supplement. 7. To submit a completed BLR 05613, Engineering Payment Report, to the DEPARTMENT within three months of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. The form shall be submitted with the final invoice. 8. 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 US Department of Transportation (US DOT) assisted contract. Failure by the Engineer to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 9. That none of the services to be furnished by the ENGINEER shall be sublet assigned or transferred to any other party or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 10. For Construction Engineering Contracts: (a) The ENGINEER shall be prequalified with the STATE in Construction Inspection. All employees of the ENGINEER serving as the onsite resident construction supervisor or providing construction inspection shall have a valid Documentation of Contract Quantities certification. (b) For all projects where testing is required, the ENGINEER shall obtain samples according to the STATE Bureau of Materials. "Manual of Test Procedures for Materials," submit STATE Bureau of Materials inspection reports; and verify compliance with contract specifications. 11. That the engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with this AGREEMENT (See DIRECT COST tab in BLR 05513 or BLR 05514). II. THE LPA AGREES, Completed07/24/24 Page 2 of 9 BLR 05530 (Rev. 07108122) 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a) Professional Services Selection Act (50 ILCS 510), The Brooks Act (40 USC 11), and the Procurement, Management, and Administration of Engineering, and Design Related Services (23 CFR part 172). Exhibit C is required to be completed with this AGREEMENT. 2. To furnish the ENGINEER all presently available survey data, plans, specifications, and project information. 3. For Construction Engineering Contracts: (a) To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. (b) To submit approved forms BC 775 and BC 776 to the DEPARTMENT when federal funds are utilized. 4. To pay the ENGINEER: (a) For progressive payments - Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, 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 LPA but not later than 60 days after the work is completed and reports have been made and accepted by LPA and DEPARTMENT, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 5. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: ❑ Lump Sum ❑ Specific Rate ® Cost plus Fixed Fee: Fixed Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF = (0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15% of the DL + OH. Field Office Overhead Rates; Field rates must be used for construction engineering projects expected to exceed one year in duration or if the construction engineering contract exceeds $1,000,000 for any project duration. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US 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 US DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US 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.0 3801 et seq.). III. IT IS MUTUALLY AGREED, 1. No work shall be commenced by the ENGINEER prior to issuance by the IDOT of a written Notice to Proceed. 2. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amount, 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, the Federal Highways Administration (FHWA) or any authorized representative of the federal government, 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 DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 3. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the DEPARMTENT, and their officers, agents, and employees from all suits, claims, actions or damage liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery. The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error Completed07/24/24 Page 3 of 9 BLR 05530 (Rev. 07/08/22) or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. 5. In the event that the DEPARMENT stops payment to the LPA, the LPA may suspend work on the project. If this agreement is suspended by the LPA for more than thirty (30) calendar days, consecutive or in aggregate, over the term of this AGREEMENT, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred as a result of the suspension and resumption of its services, and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 6. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein. All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA, the DEPARTMENT, and their officers, employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. The ENGINEER and LPA certify that their respective firm or agency: (a) has not 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 the LPA or the ENGINEER) to solicit or secure this AGREEMENT, (b) has not 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) has not paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for the LPA or the ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. (d) that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e) has 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 indicated 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) and (g) has not within a three-year period preceding this AGREEMENT had one or more public transaction (Federal, State or local) terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this certification, an explanation shall be attached to this AGREEMENT. 9. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either party. Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date. Examples of unforeseen causes include but are not limited to: acts of God or a public enemy; act of the LPA, DEPARTMENT, or other approving party not resulting from the ENGINEER's unacceptable services; fire; strikes; and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE, the ENGINEER shall apply in writing to the LPA for an extension of time. If approved, the PROJECT SCHEDULE shall be revised accordingly. 10. This certification is required by the Drug Free Workplace Act (30 ILCS 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 DEPARTMENT 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 or suspension of contract on grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one (1) year but not more than (5) years. For the purpose of this certification, "grantee" or "Contractor' means a corporation, partnership or an 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 contract or grant of $5,000 or more from the DEPARTMENT, as defined the Act. Completed07/24/24 Page 4 of 9 BLR 05530 (Rev. 07/08/22) 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 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 statue conviction for a violation occurring in the workplace no later than (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 to maintain a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (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. (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. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, the ENGINEER, LPA and the Department agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B. Time is of the essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the ENGINEER for future project. The ENGINEER will submit progress reports with each invoice showing work that was completed during the last reporting period and work they expect to accomplish during the following period. 11. Due to the physical location of the project, certain work classifications may be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.). 12. For Construction Engineering Contracts: (a) That all services are to be furnished as required by construction progress and as determined by the LPA employee In Responsible Charge. The ENGINEER shall complete all services herein within a time considered reasonable to the LPA, after the CONTRACTOR has completed the construction contract. (b) That all field notes, test records and reports shall be turned over to and become the property of the LPA 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. (c) That any difference between the ENGINEER and the LPA 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 LPA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. (d) That in the event that engineering and inspection services to be furnished and performed by the LPA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent employed on such work at the expense of the LPA. (e) Inspection of all materials when inspection is not provided by the sources by the STATE Central Bureau of Materials, and submit inspection reports to the LPA and STATE in accordance with the STATE Central Bureau of Materials "Project Procedures Guide" and the policies of the STATE. AGREEMENT SUMMARY Prime Consultant (Firm) Name TIN/FEIN/SS Number J Agreement Amount iCiviltech Engineering, Inc. 3 0636 6666 $1,154,493.00 Subconsultants TIN/FEIN/SS Number Agreement Amount Midland Standard Engineering & Testing, Inc. 20-2435502 $92,330.01 Subconsultant Total $92,330.01 Prime Consultant Total $1,154,493.01 Total for all work $1,246,823.01 Completed07/24/24 Page 5 of 9 BLR 05530 (Rev. 07/08/22) AGREEMENT SIGNATURES Attest: Deerfield Local Public Agency Type Local Public The Village I of Deerfield 1017ll.czy Local Public Agenc T e Village Clerk (SEAL) .o`•,•.............�� o SEAL ,,� . Executed by the ENGINEER: Attest: Prime Consultant Firm Name Civiltech Engineering, Inc. B (Signature & Date 09-24-2024 Title Vice President B Si nature & Date 1D�7�2o2y Title President By (Signature & Date 09-24-2024 Title President Completed07/24/24 Page 6 of 9 BLR 05530 (Rev. 07/08122) Local Public Agency Prime Consultant Firms Name County Section Number Deerfield Civiltech Engineering, Inc. Lake 20-00108-00-PV EXHIBIT A SCOPE OF SERVICES To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before described and enumerated below See attached Exhibit A Completed07/24124 Page 7 of 9 BLR 05530 (Rev. 07108/22) Exhibit A Hazel Avenue Reconstruction Village of Deerfield Route: FAU Route 1263 Local Agency: Village of Deerfield Section No.: 20-00108-00-PV Proj. No.: E4Y2 (438) Job No.: C-91-150-24 County: Lake Contract No.: 61xxx SCOPE OF SERVICES Civiltech will provide the following Scope of Services in conformance with the Illinois Department of Transportation's Standard Construction Engineering Agreement. • Provide contract management including but not limited to contractor communications, utility coordination, and preparation / processing of pay requests and change orders. • Act as resident construction supervisor and coordinate with the Village of Deerfield, Lake County, and IDOT. • Provide construction inspection service to ensure that the project is being constructed according to specifications. . • Provide material testing for the project to ensure compliance with the contract specifications in accordance with the STATE BMPR "Project Procedures Guide" and the STATE BMPR "Manual of Test Procedures for Materials". STATE BMPR Inspection reports can include: o Concrete o Hot -Mix Asphalt o Soils o Aggregates • Provide Quality Assurance services required by [DOT. Personnel shall have completed the appropriate STATE BMPR QC/QA trained technician classes. • Provide verification of construction layout (to be completed by the contractor). • Prepare daily and weekly work reports per IDOT Standards. • Keep construction documentation per IDOT requirements. • Provide measurement and computation of pay items. • Inspect and document the adequacy of the establishment and maintenance of the traffic control. • Complete all necessary shop drawing reviews. • Provide plan revisions to reflect as built conditions. • Close-out project records per the IDOT policies and procedures. Local Public enc _ Prime Consultant 'Firm) Name County Section Number Deerfield JCiviltech Engineering, Inc. Lake 20-00108-00-PV EXHIBIT B PROJECT SCHEDULE See attached Exhibit B Completed07/24/24 Page 8 of 9 BLR 05530 (Rev. 07/08/22) 0o r 's x w Local Public Agency Prime Consultant Firm Name county Section Number Deerfield Civiltech Engineering, Inc. Lake 20-00108-00-PV Exhibit C Qualification Based Selection (QBS) Checklist The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed. Under the threshold, QBS requirements do not apply. The threshold is adjusted annually. If the value is under the threshold with federal funds being used, federal small purchase guidelines must be followed. ❑ Form Not Applicable (engineering services less than the threshold) Items 1-13 are required when using federal funds and QBS process is applicable. Items 14-16 are required when using State funds and the QBS process is applicable. No Yes 1 Do the written QBS policies and procedures discuss the initial administration (procurement, management ❑ and administration) concerning engineering and design related consultant services? 2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and ❑ specifically Section 5-5.06 (e) of the BLRS Manual? 3 Was the scope of services for this project clearly defined? ❑ 4 Was public notice given for this project? ❑ If yes Due date of submittal 02/21 /24 Methods] used for advertisement and dates of advertisement Posted on the Village's website on 02/02/2024. The Village also has an email/text sign up system to receive a notification when new postings are added. 5 Do the written QBS policies and procedures cover conflicts of interest? ❑ 6 Do the written QBS policies and procedures use covered methods of verification for suspension and debarment? ❑ 7 Do the written QBS policies and procedures discuss the methods of evaluation? ❑ Project Criteria Weighting Consultant Staff Experience 30% Technical Approach 20% Consultant Project Experience 20% Quality Assurnace Procedures and Timely Services 30% 8 Do the written QBS policies and procedures discuss the method of selection? ❑ Selection committee ttitlesl for this Director of Public Works, Assistant Director of PW, and Project Manager Top three consultants ranked for this project in order Civiltech Engineering, Inc. Thomas Engineering Group, LLC V3 Companies, Ltd. 9 1Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑ 10 1were negotiations for this project performed in accordance with federal requirements. ❑ 11 JWere acceptable costs for this project verified? ❑ 12 Do the written QBS policies and procedures cover review and approving for payment, before forwarding the request for reimbursement to IDOT for further review and approval? ❑ 13 Do the written QBS policies and procedures cover ongoing and finalizing administration of the project (monitoring, evaluation, closing -out a contract, records retention, responsibility, remedies to violations or breaches to a contract, and resolution of disputes)? ❑ 14 QBS according to State requirements used? ❑ 15 Existing relationship used in lieu of QBS process? ® ❑ 16 LPA is a home rule community (Exempt from QBS). ® ❑ Completed07/24/24 Page 9 of 9 BLR 05530 (Rev. 07/08122) w a w x LL d d 7 C7 Z O co It c C) O O .- N jv G1 p' m N ei N 13 ti O U v N O m@ � U d co o E w cL d y U £ Z mm C ++ O Z cm N CO (D V `L C = C 0 m 0 O r c v C: E G� c c'nCc �t c = c v_, Ow mw.-wIL T y a)V �o IL z e � o m C w N N r w w w a0 cam LL LL O _ � o W x > J O2 O V W J m a � W } O H W a ox 0O ~ W J J o 0 o V Q N N N °r°ry r� •/ W Q n w G 0 G Q N W F- Z O U *J o o V ti O d' O co co I- U y t O r y N co N y O O O J _� r �_ C13 o 0 0 N N LL L d O N 'T I 0 N Local Public Agency County Section Number Deerfield j Lake 20-00108-00-PV Consultant / Subconsultant Name Job Number Civiltech Engineering, Inc. C-91-150-24 PAYROLL RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE MAXIMUM PAYROLL RATE 86.00 ESCALATION FACTOR 2.01% CLASSIFICATION IDOT PAYROLL RATES ON FILE CALCULATED RATE Res. En r. V $63.39 $64.66 Res. En r. III $45.75 $46.67 Res. En r. II $38.65 $39.43 Field Technician 1 $31.25 $31.88 Chief Layout Specialist $43.50 $44.37 Structural En r. IV $48.50 $49.47 Senior Pro' Mn r (QA Rep) $77.50 $79.06 BLR 05514 (Rev 02/09/23) Printed 9/24/2024 5:36 PM RATES Page 2 of 6 Local Public Agency County Section Number C Deerfield I Lake 20-00108-00-PV Consultant / Subconsultant Name Job Number Civiltech Engineering, Inc. C-91-150-24 SUBCONSULTANTS EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET NAME Direct Labor Total Contribution to Prime Consultant IMidland Standard Enqineerinq & Testing 1 29,118.001 2,911.801 Total 29,118.00 2,911.80 NOTE: Only subconsultants who fill out a cost estimate that splits out direct labor may be listed on this sheet. BLR 05514 (Rev 02/09/23) Printed 9/24/2024 5:36 PM SUBS Page 3 of 6 Local Public Agency County Section Number Deerfield Lake 20-00108-00-PV Consultant / Subconsultant Name Job Number Civiltech Engineering, Inc. C-91-150-24 DIRECT COSTS WORKSHEET List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project. EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET ITEM ALLOWABLE QUANTITY CONTRACT RATE TOTAL Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Actual Cost Up to state rate maximums $0.00 Lodging Taxes and Fees { per GOVERNOR'S TRAVEL CONTROL BOARD)Actual Cost $0.00 Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval $0.00 Vehicle Mileage (per GOVERNOR'S TRAVEL CONTROL BOARD Up to state rate maximum $0.00 Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day 735 $65.00 $47,775.00 Vehicle Rental Actual Cost (Up to $55/day) $0.00 Tolls Actual Cost $0.00 Parking Actual Cost $0.00 Overtime Premium portion (Submit supporting documentation) $0.00 Shift Differential Actual Cost (Based on firm's policy) $0.00 Overnight Delivery/Postage/Courier Service Actual Cost (Submit supporting documentation) $0.00 Copies of Deliverables/Mylars (In-house) Actual Cost (Submit supporting documentation) 630 $0.89 $560.00 Copies of Deliverables/Mylars (Outside) Actual Cost (Submit supporting documentation) $0.00 Project Specific Insurance Actual Cost $0.00 Monuments (Permanent) Actual Cost $0.00 Photo Processing Actual Cost 15 $10.00 $150.00 2-Way Radio (Survey or Phase III Only) Actual Cost $0.00 Telephone Usage (Traffic System Monitoring Only) Actual Cost $0.00 CADD Actual Cost (Max $15/hour) $0.00 Web Site Actual Cost (Submit supporting documentation) $0.00 Advertisements Public Meeting Facility Rental Actual Cost (Submit supporting documentation) $0.00 Actual Cost (Submit supporting documentation) $0.00 Public Meeting Exhibits/Renderings & Equipment Actual Cost (Submit supporting documentation) $0.00 Recording Fees Actual Cost $0.00 Transcriptions (specific to project) Actual Cost $0.00 Courthouse Fees Actual Cost $0.00 Storm Sewer Cleaning and Televising Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Traffic Control and Protection Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Aerial Photography and Mapping Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Utliity Exploratory Trenching Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Testing of Soil Samples Actual Cost $0.00 Lab Services Equipment and/or Specialized Equipment Rental Actual Cost (Provide breakdown of each cost) Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DIRECT COSTS: ILR cI 0#4WQ2/o ,age 4 of 6 L d = oL d 00 Z O E N 0 O � Z � v N 01 co n U H w w Y O U w U_ LLI W U Yw OF- Q Q (A Z O N U W LL O LLI Oca UC F- V% w VJ O U 0 F- m v2 w C w 0 U Q LL x w J IL O V O T N T Qaw 0 a w `w O -I 0 0 0 0 0 0 00-, Z 9a NMM�O V' N 000 •0 H LL O N O W N M I- O OM O O O ~ `- M In 00 O O O c CD O Cl) J (M Iq N— O N (D 1� 1� M M LO N 0 Q r r _ (M M W •- 00 F N N 0 64 1 N m M co O co to C4 a) U2 DL O w co (D M 00 N w ((00—(D000000 N U. 00NOM� G a) M X_ II w 11 2 H c- M LO 00 (q N olj U. (D "t IQ M It C QLU Z co 00 00 Q m W w xm co n ww O Z ~ U. N I-- In N 0) N 0 I� Q h 0 00 J O (D 00 I- 0 a1 J rn(DN v II v O 0) V N II a V a �-co co (DO N (NC) r- oc O r- N N N :) (n 00 O x U. U. 47 0 d V Ln co 00 47 C U = o F U w 0 C O Q C 00 II II � m 1 c o �EZ� O O 0 Q to. U J Q F O) 0 (D Q V H V7 O O. C Q L O C ._ V f0 C G C 3 C 7 js O L O N N N - N O Q O o O L U o O O O O "0 0 0 CL = I � 3 N N Uo a w O H OO �U N Nr to LO O d' J m r ro co rn C a co M N O N N ,�, 0) C 6 Lr m a: c rr c n; L ii > E a `' O Ccoo zN � O O z LO � r O o O :AN'7U O V C d N N 0 W m Z C V 7 N U U c 0) C CD C LU U N U N w V w w a J Z W 0 9 W Q r LL O IV- F w w CO w w '_'^ vJ NY w U) w U U) w U_ LL LLJ U) H Z H J D Z O U LL. O LU ccQ 'C VJ LU U) O m X W m > q L I- Q N M ri LO f0.1 C R V) 7 IA .{ ` co O O co m � � co o co rn N o' 2 (V ? T O m N 'n" o =3Qa`i00 c m 0 0 ° C \ U.) N M W O 7 o l6 a p� O U v 0 M N i+ O a° g o = O N co co CN cm n CD N COO- 0)C 3 Q N M I� N O O O O w .O. v C o 0 0 0 0 0 0 07 a N O 0 LO I- O ; E C,)M (n p C 7 O 0 V O IL N 0 N C6 0 0 (V N N n _ r- LO M O OOi O M 3 Q Ul)N coM N O C - O b> l0 c Ro 0 0 C d e l6 a N O 0 O O LO v ui V IL 'ov co ro x C al 4 cq O M Lo LO 0 Lo a 3 Q N ((� W N 0 a C o 0 0 0 0 C e CO I- o a t- C. o0 M M N 7 O co O v N co O O O 0 O 0 N co im > (OO. (NO. M N T u� M N o 0-' 0 0 0 0 0 H o l0 O M 1-N 0 C) a M M O n N O J 0 a J co CO ul 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 Sri O x � O M p(6 O O O O O O O O O O O O O O O O O o O O N H Cl) N W N 00 M ( (rp "t cq O Q o 4 a M M °' x a Z O N J Q - > N O (.) c a rn J Q w ==L U ow.o H O d y c c c a�i M N O Q N O IT LO LO O Of J m 2 IL M U) N O N c rn a N � c c EXHIBIT D •0-•. I - •6 IS14,16A.-I, • COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE Local Public Agency County Section Number City of Deerfield Lake J 20-00108-00-PV Prime Consultant Firm Name Prepared By Date Civiftech Engineering, Inc. William Prigge 9/23/24 Consultant / Subconsultant Name Job Number Midland Standard Engineering & Testing, Inc. C-91-150-24 Note: This is name of the consultant the CECS Is being completed for. This name appears at the top of each tab. Remarks PAYROLL ESCALATION TABLE CONTRACT TERM 12 MONTHS START DATE 311 /25 RAISE DATE 311/26 END DATE 1 2/28126 ESCALATION PER YEAR Year First Date Last Date Months OVERHEAD RATE 135.00% COMPLEXITY FACTOR 0 % OF RAISE % Of Contract 0 3/1/25 2/28/26 12 100.00% The total escalation = 0.00% BLR 05514 (Rev. 02/09/23) Printed 9124/24 4:34 PM ESCALATION Panes 1 of 1 Local Public Agency County Section Number City of Deerfield I Lake 20-00108-00-PV Consultant / Subconsultant Name Job Number Midland Standard Engineering & Testing, Inc. C-91-150-24 PAYROLL RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE MAXIMUM PAYROLL RATEI 86.00 ESCALATION FACTORI 0.00% CLASSIFICATION I DOT PAYROLL RATES ON FILE CALCULATED RATE Pdnci al Engineer $65.63 $65.63 Project Manager $65.63 $65.63 Proiect En ineer $52.88 $52.88 Field Engineer $43.27 $43.27 Technician D $45.99 $45.99 Technician C $43.49 $43.49 BLR 05514 (Rev. 02109123) Printed 9/24/24 4:34 PM RATES Page 1 of 1 Local Public Agency County Section Number City of Deerfield 777771 11-ake j 20-00108-00-PV Consultant / Subconsultant Name Job Number Midland Standard Engineering_& Testing, Inc. C-91-150-24 DIRECT COSTS WORKSHEET List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET ITEM ALLOWABLE QUANTITY CONTRACT RATE TOTAL Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD Actual Cost ;Up to state rate maximum) $0.00 Lodging Taxes and Fees (per GOVERNOR'S TRAVEL CONTROL BOARD)$0.00 Actual Cost Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval $0.00 Vehicle Mileage (per GOVERNOR'S TRAVEL CONTROL BOARD) Up to state rate maximum $O.DO Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day 46 $65.00 $2,990.00 Vehicle Rental Actual Cost (Up to $55/day) $0.00 Tolls Actual Cost $0.00 Parking Actual Cost $0.00 Overtime Premium portion (Submit supportng documentation) $23.00 $0.00 Shift Differential Actual Cost (Based on firm's policy) $0.00 Overnight Delivery/Postage/Courier Service Actual Cost (Submit supporting documentation) $0.00 Copies of Deliverables/Mylars (In-house) Actual Cost (Submit supporting documentation) $0.00 Copies of Deliverables/Mylars (Outside) Actual Cost (Submit supporting documentation) $0.00 Project Specific Insurance Actual Cost $0.00 Monuments (Permanent) Actual Cost $0.00 Photo Processing Actual Cost $0.00 2-Way Radio (Survey or Phase III Only) Actual Cost $0.00 Telephone Usage (Traffic System Monitoring Only) Actual Cost $0.00 CADD Actual Cost (Max $151hour) $0.00 Web Site Actual Cost (Submit supporting documentation) $0.00 Advertisements Actual Cost (Submit supporting documentation) $0.00 Public Meeting Facility Rental Actual Cost (Submit supporting documentation) $0.00 Public Meeting Exhibits/Renderings & Equipment Actual Cost (Submit supporting documentation) $0.00 Recording Fees Actual Cost $0.00 Transcriptions (specific to project) Actual Cost $0.00 Courthouse Fees Actual Cost $0.00 Storm Sewer Cleaning and Televising Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Traffic Control and Protection Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Aerial Photography and Mapping Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Utility Exploratory Trenching Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Testing of Soil Samples Actual Cost $0.00 Lab Services Actual Cost (Provide breakdown of each cost) 1 $6,020.00 $6,020.00 Equipment and/or Specialized Equipment Rental Actual Cost (Requires 2-3 quotes with [DOT approval) $0.00 Cylinder Strength 132 $20.00 $2,640.00 Sample Pickup 23 $115.00 $2,645.00 $0.00 $0.00 TOTAL DIRECT COSTS: $14,295.00 BLR 05514 (Rev. 02109/23 Printed 9/24/24 4:34 PM DIRECT COST; Page 1 of 1 6. E O 3 O m zo ar C N O E � O i O Z N No CO) -) O O V 41 LL r x W J IL 2 O V O V � o 0 0 0 o c O co lh m OO 00 O aZ J cF O C Fr O !� li V O O In O O N M r r p O ~ `- h .- N to i i i i i i i i i i i i i 0 0 O O 0 J 1(j to .-. N N tf) r I� O N M M f O n N N O N M m H ct � w T � my 2w V 50 Lo w U) f- U) u7 0Maom p 00 n 00 r (p W W LL N M N p� W LL m W V' M 00 lqr Iti i i i i i i i i i i i i Z O co m N m O w 40 -aLL COr M r r 00 to r co ri Q) M Z QO W W m Xuj O h co M O ico qr CO ti r N J N CO r CD O r N } a N V 00 in Ln M Ix r N r (D m O x LL H N 000u� p to It co m p M w w w a) N N M In m N N c � N U W � 6 2g o " A i 9 H � c C N C C O p ++ V Q � IV O iA C Q C U LL V N Q N � NLLAJ I t�O Omacna2 W C-4 v/ m W p I- O 0 LO 0 O J 00 2 CL M V' N cn O -r n n L d Q O E EL O d DO E N O O O 0 �-- ZLO = O r u O .Q 06 O rn V) 64 9 U 3 O V c m cn a A `E 7 N IL Q R p v . J L' U H a o� w I O w a J w a w a N�1111�1�111�=! w��nmmAiu�mu �i IINII�! N N of Z> a M �r N N M Y O W j C N 2 4 C cmv oC LL 9 0 3 � 0 Z 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O vi 0 0 0 vi 0 0 0 0 0 0 0 m m 0 ,r) ili oo m m N o v 0 0 co 0 M m ID 00 N fA I� EA fA m 69 N _ .- N lD bl) m fA N _ 17 6e O i 69 N N e4 fA H9 e4 tq o !!9 Z A °' a O O O Vet 7 CO N .- M .- ryj v y 2 N U! CC � N � b9 d9 r � O 0 0 0 0 0 0 0 0 0 0 \ 0 O 0 N ui N M CO M CC O v1 C1 M V I N Y`J.TI !fl y9 c G O O rr u LO O Q N 1 M1 _ M 64 C Gl O \ � o w N o N 0 0 F Ln Ln d N 6s Y n N a f ` 0 0 0 o LO 0 Q E J N FF bg e a> O 0 O O CD d E Ln O ._ In l!7 N E y lD O 64 U) t9 �o o o 0 0 0 0 o � uj LnU� (^ M M 69 dJ c f0 \ � C 0 ain O O m L In � N a CO 69 Q 69 L" p O m c N O N m M O O O �o U N !fl � j Illinois Department of Transportafion Re ional Engineer Jose Rios, P.E. Department of Transportation ono Local Public Agency Resident Construction Supervisor/ In Responsible Charge Address 201 W. Center Ct. city State Zip Code Schaumburg IL �60196 Contract Number 61 xxx District Lettinq Date i� 11 /08/24 Municipality Village of Deerfield Route Coun FAU 1263 (Hazel Ave.) Lake Prolect Number Job Number E4Y2(438) C-91-150-24 Section Number 20-00108-00-PV ❑ 1 recommend the following individual as a local public agency employee qualified to be resident construction supervisor and to be in responsible charge of this construction project. ® 1 certify that I am in responsible charge as defined by the department of this construction project. Since the local public agency does not have a local public agency employee qualified to be the resident construction supervisor, I am recommending a consulting engineer to serve as resident construction supervisor. Signature (for the local public agency) Date 1 Title Assistant Director of Public Works Applicants Name David M. Bugaj The following describes my educational background, experience and other qualifications to be resident construction supervisor of this construction project for the Local Public Agency. For Consultants: I certify that my firm is pre -qualified in Construction Inspection. Documentation of Contract Quantities certificate number 21-19001 Mr. David M. Bugaj of Civiltech Engineering will be the Field Inspecting Resident Engineer (F.I.R.E.) for this project. Mr. Bugaj has completed multiple Federal projects that were Let through IDOT. Signature ofApplicant Date Job Title of Applicant Field Inspecting Resident Engineer (F.I.R.E.) Based on the above information and my knowledge of the applicant's experience and training, it is my opinion that the applicant is qualified to serve as the resident construction supervisor on this construction project. Re ional En ineer Signature Date roved cc: Engineer of Local Roads and Streets, Central Bureau of Local Roads and Streets Engineer of Construction, Central Bureau of Construction Resident Construction Supervisor Local Public Agency Printed 07/24/24 Page 1 of 1 BC 775 (Rev. 11/09/20) IllfinoisTranspDepartment oortation Reqional En ineer Jose Rios, P.E. Department of Transportation Local Public Agency Construction Inspector Address 201 W. Center Ct. Cilly State ;196 Code Schaumburg IL Contract Number District Lettinct Date 61xxx t' J 11/08/24 Munici alit Village of Deerfield Route Coun FAU 1263 (Hazel Ave.) I Lake Proiect Number Job Number E4Y2(438) I C-91-150-24 Section Number 20-00108-00-PV I consider the following individual to be qualified as a local public agency construction inspector. In addition, I certify that adequate instruction has been given this individual concerning the requirements of the contract, specifications and construction manual which pertain to the work which he/she will inspect. This individual has been instructed on the proper procedures for any necessary tests. Furthermore, if a consultant, this individual has a valid Documentation of Contract Quantities certification. Approved Sianatunre and Title of Resident Construction Supervisor Date Applicants Name David M. Bugaj The following describes the educational background, experience and other qualifications of the named applicant to serve as an inspector on this project. For Consultants Employees: Documentation of Contract Quantities certificate number is 21-19001 Mr. David M. Bugaj of Civiltech Engineering will be the Field Inspecting Resident Engineer (F.I.R.E.) for this project. Mr. Bugaj has completed multiple Federal projects that were Let through IDOT. If the Resident from BC-775 is a consultant, the local public agency employee in responsible charge must also approve this individual. Approved Signature and Title of In Responsible Charce from BC-775 Date Printed 07/24/24 Page 1 of 1 BC 776 (Rev. 11/16120) Illinois Department of Transportation LOCAL PUBLIC AGENCY Joint Funding Agreement for Federally Funded Construction Local Public Agency oun Section Number Village of Deerfield Lake 20-00108-00-PV Fund Tye ITEP SRTS HSIP Numbers MPO Name MPO TIP Number STU N/A CMAP 10-23-0044 Construction State Job Number Pro'ect Number C-91-150-24 E4Y2(438) ❑ Local Let/Day Labor ® Construction on State Letting ® Construction Engineering ❑ Utilities ❑ Railroad Work LOCATION Stationing Local Street/Road Name _ Key Route Length From To Hazel Avenue 1FAU 1263 111.03 miles 00.00 01.03 Location Termini lWilmot Road to Waukegan Road Current Jurisdiction Existing Structure Number(s) Village of Deerfield N/A Remove PROJECT DESCRIPTION proposed improvements consist of the roadway reconstruction of Hazel Avenue from Wilmot Road to ukegan Road. Also included in the scope of the project is the replacement of the storm sewer system, lestrian accommodations and upgrades, and watermain improvements Page 1 of 10 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number Village of Deerfield 20-00108-00-PV I C9115024 E4Y2(438) This Agreement is made and entered into between the above local public agency, hereinafter referred to as the "LPA" and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as the "STATE". The STATE and LPA jointly proposes to improve the designated location as described in the Location and Project Description sections of this agreement. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal Highway Administration, hereby referred to as "FHWA". 1. GENERAL 1.1 Availability of Appropriation: Sufficiency of Funds. This Agreement is contingent upon and subject to the availability of sufficient funds. The STATE may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if (i) sufficient funds for this Agreement have not been appropriated or otherwise made available to the LPA by the STATE or the federal funding source, (ii) the Governor or STATE reserves funds, or (iii) the Governor or STATE determines that funds will not or may not be available for payment. The STATE shall provide notice, in writing, to LPA of any such funding failure and its election to terminate or suspend this Agreement as soon as practicable. Any suspension or termination pursuant to this Section will be effective upon the date of the written notice unless otherwise indicated. 1.2 DQmesbc Steel Requirement. Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Build America -Buy America provisions. 1.3 Federal Authorization. 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 within one (1) year of the date of execution of this agreement. 1.4 Severabili?y. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby. 1.5 Termination. This Agreement may be terminated, in whole or in part, by either Party for any or no reason upon thirty (30) calendar days' prior written notice to the other Party. If terminated by the STATE, the STATE must include the reasons for such termination, the effective date, and, in the case of a partial termination, the portion to be terminated. If the STATE determines in the case of a partial termination that the reduced or modified portion of the funding award will not accomplish the purposes for which the funding award was made, the STATE may terminate the Agreement in its entirety. This Agreement may be terminated, in whole or in part, by the STATE without advance notice: a. Pursuant to a funding failure as provided under Article 1.1. b. If LPA fails to comply with the terms and conditions of this funding award, application or proposal, including any applicable rules or regulations, or has made a false representation in connection with the receipt of this or any award. II. REQUIRED CERTIFICATIONS By execution of this Agreement and the LPA's obligations and services hereunder are hereby made and must be performed in compliance with all applicable federal and State laws, including, without limitation, federal regulations, State administrative rules and any and all license requirements or professional certification provisions. 2.1 Uniform Administrative Requirements, Cost Principles. and Audit Requirements for Federal Awards (2 CFR Part 20W. The LPA certifies that it shall adhere to the applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements, which are published in Title 2, Part 200 of the Code of Federal Regulations, and are incorporated herein by reference. 2.2 Compliance with Registration Requirements. LPA certifies that it: (i) is registered with the federal SAM system; (ii) is in good standing with the Illinois Secretary of State, if applicable; (iii) have a valid DUNS Number; (iv) have a valid UEI, if applicable. It is LPA's responsibility to remain current with these registrations and requirements. 2.3 Bribery. The LPA certifies to the best of it's knowledge that it's officials have not been convicted of bribery or attempting to bribe an officer or employee of the state of Illinois, nor made an admission of guilt of such conduct which is a matter of record (30 ILCS 500/50-5). 2.4 Bid Rigging. LPA certifies that it has not been barred from contracting with a unit of state or local government as a result of a violation of Paragraph 33E-3 or 33E-4 of the Criminal Code of 1961 (720 ILCS 5133E-3 or 720 ILCS 5/33E-4, respectively). 2.5 Debt to State. LPA certifies that neither it, nor its affiliate(s), is/are barred from receiving an Award because the LPA, or its affiliate(s), is/are delinquent in the payment of any debt to the STATE, unless the LPA, or its affiliate(s), has/have entered into a deferred payment plan to pay off the debt, and STATE acknowledges the LPA may declare the Agreement void if the certification is false (30 ILCS 500/50-11). 2.6 Debarmen The LPA certifies to the best of its knowledge and belief that it's 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 anti-trust statutes or Page 2 of 10 BLR 05310C (Rev. 05/09/24) Local Public AaenGy Section Number State Job Number Project Number Village of Deerfield 20-00108-00-PV C9115024 E4Y2(438) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; c. are not presently indicated 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. 2.7 Construction of Fixed Works. The LPA certifies that all Programs for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. In the construction of the Program, the LPA shall comply with the requirements of the Prevailing Wage Act including, but not limited to, inserting into all contracts for such construction a stipulation to the effect that not less than the prevailing rate of wages as applicable to the Program shall be paid to all laborers, workers, and mechanics performing work under the Award and requiring all bonds of contractors to include a provision as will guarantee the faithful performance of such prevailing wage clause as provided by contract. 2.8 Criminal Conuicti_ans. The LPA certifies that neither it nor any managerial agent of LPA has been convicted of a felony under the Sarbanes-Oxley Act of 2002, nor a Class 3 or Class 2 felony under Illinois Securities Law of 1953, or that at least five (5) years have passed since the date of the conviction. The LPA further certifies that it is not barred from receiving an funding award under 30 ILCS 500/50-10.5 and acknowledges that STATE shall declare the Agreement void if this certification is false (30 ILCS 500/50-10.5). 2.9 IM12roper Influence. The LPA certifies that no funds have been paid or will be paid by or on behalf of the LPA to any person for influencing or attempting to influence an officer or employee of any government agency, a member of Congress or Illinois General Assembly, an officer or employee of Congress or Illinois General Assembly, or an employee of a member of Congress or Illinois General Assembly in connection with the awarding of any agreement, the making of any grant, the making of any loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment or modification of any agreement, grant, loan or cooperative agreement. 31 USC 1352. Additionally, the LPA certifies that it has filed the required certification under the Byrd Anti -Lobbying Amendment (31 USC 1352), if applicable. 2.10 Telecom Prohibition. The LPA certifies that it will comply with Section 889 of the FY 2019 National Defense Authorization Act (NDAA) that prohibits the use of telecommunications or video surveillance equipment or services produced or provided by the following companies: Dahua Technology Company, Hangzhou Hikvision Digital Technology Company, Huawei Technologies Company, Hytera Communications Corporation, and ZTE Corporation. Covered equipment and services cannot be used as substantial or essential component or any system, or as critical technology as part of any system. 2.11 Personal Conflict of Interest - (50 ILCS 105/3, 65 ILCS 5/3.1-55-10, 65 ILCS 5/4-8-6) The LPA certifies that it shall maintain a written code or standard of conduct which shall govern the performance of its employees, officers, board members, or agents engaged in the award and administration of contracts supported by state or federal funds. Such code shall provide that no employee, officer, board member or agent of the LPA may participate in the selection, award, or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: a. the employee, officer, board member, or agent; b. any member of his or her immediate family; c. his or her partner; or d. an organization which employs, or is about to employ, any of the above. The conflict of interest restriction for former employees, officers, board members and agents shall apply for one year. The code shall also provide that LPA's employees, officers, board members, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. The STATE may waive the prohibition contained in this subsection, provided that any such present employee, officer, board member, or agent shall not participate in any action by the LPA relating to such contract, subcontract, or arrangement. The code shall also prohibit the officers, employees, board members, or agents of the LPA from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 2.12 Organizational Conflict of Interest - The LPA certifies that it will also prevent any real or apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subcontract may, without some restriction on future activities, result in an unfair competitive advantage to the third party contractor or LPA or impair the objectivity in performing the contract work. 2.13 Accounting System. The LPA certifies that it has an accounting system that provides accurate, current, and complete disclosure of all financial transactions related to each state and federally funded program. Accounting records must contain information Page 3 of 10 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number Village of Deerfield 20-00108-00-PV C9115024 E4Y2(438) pertaining to state and federal pass -through awards, authorizations, obligations, unobligated balances, assets, outlays, and income. To comply with 2 CFR 200.305(b)(7)(1), the LPA shall use reasonable efforts to ensure that funding streams are delineated within LPA's accounting system. See 2 CFR 200.302. III. AUDIT AND RECORD RETENTION 3.1 Single Audits: The LPA shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 USC 7501-7507) and Subpart F of 2 CFR Part 200. If, during its fiscal year, LPA expends $750,000 or more in Federal Awards (direct federal and federal pass -through awards combined), LPA must have a single audit or program -specific audit conducted for that year as required by 2 CFR 200.501 and other applicable sections of Subpart F of 2 CFR Part 200. A copy of the audit report must be submitted to the STATE (IDOT's Financial Review & Investigations Section, Room 126, 2300 South Dirksen Parkway, Springfield, Illinois, 62764) within 30 days after the completion of the audit, but no later than one year after the end of the LPA's fiscal year. Assistance Listing number (formally known as the Catalog of Federal Domestic Assistance (CFDA) number) for all highway planning and construction activities is 20.205. Federal funds utilized for construction activities on projects let and awarded by the STATE (federal amounts shown as "Participating Construction" on Schedule 2) are not included in a LPA's calculation of federal funds expended by the LPA for Single Audit purposes. 3.2 STATE Audits: The STATE may, at its sole discretion and at its own expense, perform a final audit of the Project (30 ILCS 5, the Illinois State Auding Act). Such audit may be used for settlement of the Project expenses and for Project closeout purposes. The LPA agrees to implement any audit findings contained in the STATE's authorized inspection or review, final audit, the STATE's independent audit, or as a result of any duly authorized inspection or review. 3.3 Record Retention. The LPA shall maintain for three (3) years from the date of final project closeout by the STATE, adequate books, records, and supporting documents to verify the amounts, recipient, and uses of all disbursements of funds passing in conjunction with this contract. adequate to comply with 2 CFR 200.334. If any litigation, claim or audit is started before the expiration of the retention period, the records must be retained until all litigation, claims or audit exceptions involving the records have been resolved and final action taken. 3.4 Accessibility of Records. The LPA shall permit, and shall require its contractors and auditors to permit, the STATE, and any authorized agent of the STATE, to inspect all work, materials, payrolls, audit working papers, and other data and records pertaining to the Project; and to audit the books, records, and accounts of the LPA with regard to the Project. The LPA in compliance with 2 CFR 200.337 shall make books, records, related papers, supporting documentation and personnel relevant to this Agreement available to authorized STATE representatives, the Illinois Auditor General, Illinois Attorney General, any Executive Inspector General, the STATE's Inspector General, federal authorities, any person identified in 2 CFR 200.337, and any other person as may be authorized by the STATE (including auditors), by the state of Illinois or by federal statute. The LPA shall cooperate fully in any such audit or inquiry. 3.5 Failure to maintain The bmks-andfewala. Failure to maintain the books, records and supporting documents required by this section shall establish presumption in favor of the STATE for recovery of any funds paid by the STATE under the terms of this contract. IV. LPA FISCAL RESPONSIBILITIES 4.1 To provide all initial funding and payment for construction engineering, utility, and railroad work 4.2 LPA Appropriation Requirement. By execution of this Agreement the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as Schedule 5. 4.3 Reimbursement Requests: For reimbursement requests the LPA will submit supporting documentation with each invoice. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report, personnel and direct cost summaries, and other documentation supporting the requested reimbursement amount (Form BLR 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. 4.4 Financial Integrity Review and Evaluation (FIRE) program: LPA's and the STATE must justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization date. Subsequent invoices will be submitted in intervals not to exceed six (6) months. 4.5 Final Invoice: The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of work or from the date of the previous invoice, whichever occurs first. If a final invoice is not received within this time frame, the most recent invoice Page 4 of 10 BLR 05310C (Rev. 05/09/24) Local Public Agency Village of Deerfield Section Number State Job Number Project Number 20-00108-00-PV C9115024 E4Y2(438) may be considered the final invoice and the obligation of the funds closed. Form BLR 05613 (Engineering Payment Record) is required to be submitted with the final invoice for engineering projects. 4.6 Project Closeout: The LPA shall provide the final report to the appropriate STATE district office within twelve (12) months of the physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve (12) months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result In the immediate close-out of the project and loss of further funding. 4.7 Project End Date: The period of performance (end date) for state and federal obligation purposes is five (5) years for projects under $1,000,000 or seven (7) years for projects over $1,000,000 from the execution date of the agreement. Requests for time extensions and joint agreement amendments must be received and approved prior to expiration of the project end date. Failure to extend the end date may result in the immediate close-out of the project and loss of further funding. V. THE LPA AGREES 5.1 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 LPA 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 LPA, the STATE, and the FHWA if required. 5.2 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 Public Agency Highway and Street Systems. 5.3 To provide on -site engineering supervision and inspection during construction of the proposed improvement. 5.4 To retain jurisdiction of the completed improvement unless specified otherwise by schedule (schedule should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, a jurisdictional schedule is required. 5.5 To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction as established by schedule) in a manner satisfactory to the STATE and the FHWA. 5.6 To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of the proposed improvement. 5.7 To regulate parking and traffic in accordance with the approved project report. 5.8 To regulate encroachments on public rights -of -way in accordance with current Illinois Compiled Statutes. 5.9 To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with the current Illinois Compiled Statutes. 5.10 For contracts awarded by the LPA, the LPA 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 LPA 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 LPA'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 STATE 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.0 3801 et seq.). In the absence of a USDOT - approved LPA 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. 5.12 That execution of this agreement constitutes the LPA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. VI. THE STATE AGREES 6.1 To provide such guidance, assistance, and supervision to monitor and perform audits to the extent necessary to assure validity of the LPA's certification of compliance with Title II and III Requirements. 6.2 To receive bids for 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. 6.3 To provide all initial funding and payments to the contractor for construction work let by the STATE. The LPA will be invoiced for their share of contract costs per the method of payment selected under Method of Financing based on the Division of Costs shown on Schedule 2. Page 5 of 10 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number Village of Deerfield l 20-00108-00-PV I IC9115024 E4Y2(438) 6.4 For agreements with federal and/or state funds in local let/day labor construction, construction engineering, utility work and/or railroad work: a. To reimburse the LPA for federal and/or state share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payments by the LPA; b. To provide independent assurance sampling and furnish off -site material inspection and testing at sources normally visited by STATE inspectors for steel, cement, aggregate, structural steel, and other materials customarily tested by the STATE. SCHEDULES Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement. ® 1. Division of Cost Location Map ® 2. ® 3. Risk Assessment Attestations ® 4. ® 5. Resolution* 'Appropriation and signature authority resolution must be in effect on, or prior to, the execution date of the agreement. Page 6 of 10 BLR 05310C (Rev. 05/09/24) Local Public Anency Section Number State Job Number Pro'ect Number Village of Deerfield �20-00108-00-PV C9115024 I iE4Y2(438) AGREEMENT SIGNATURES EXECUTION The LPA agrees to accept and comply with the applicable provision set forth in this agreement including attached schedules. APPROVED Local Public Agency Name of Official Print or Type Na Daniel C. Shapiro ayor Si nature Date I - ( 2 P 101112-021t The above signature certifies the agency's TIN number is 366005842 conducting business as a Governmental Entity. DUNS Number 068003185 UEI H484FGK3YQN5 APPROVED State of Illinois Department of Transportation Omer Osman P.E. Secretary of Transportation Date By: Georae A. Ta as P.E., S.E., Engineer of Local Roads & Streets Date Stephen M. Travia, P.E., Director of Hi hwa s PI/Chief Engineer Date Michael Prater, Chief Counsel Date Vicki Wilson Chief Fiscal Officer Date NOTE: A resolution authorizing the local official (or their delegate) to execute this agreement and appropriation of local funds is required and attached as Schedule 5. The resolution must be approved prior to, or concurrently with, the execution of this agreement. If BLR 09110 or BLR 09120 are used to appropriate local matching funds, attach these forms to the signature authorization mQluflon. Please check this box to open a fillable Resolution form within this form. Page 7 of 10 BLR 05310C (Rev. 05/09/24) a) 7 M Z it i N AD >- O iLW a) E z o LO a� .. (n U a O E 00 Z O c O O O U) N o _1(C U 0 0 0 00 CO ti r� " co H (0 co (D N - cc CO c cv) M M co u V9. 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N cCI. U rn ,� p a) 7 J n N -O° � p 7 Ca �+ T a cL 0 9 t O N a L' fl- M a L (0 L Q a c a) N L O n U c y U) 10 a) = ° a 4= a) C a) CT J tl) Co c 0 .+ a) 0) 7° a) n a E c (U O a) W _N .+ N f°cc to Co a)CCa ) w N�� w 0 n w, w� � y U a)rnm�a�c c= I �+ �a w� a) > Cq Co -p mW 20Ho�w co ME 2oc�oQm� Ot�� ��wm�c°i�� aC 0'�= � O rn a) - 4° N N oL Z• a) o C 2 c Z+ o m 2 o L E UO OMn LL 0 1 LL l< O O m a) m I Local Public (Village of Deerfield Section Number State Job Number 20-00108-00-PV I M 15024 SCHEDULE NUMBER 4 Attestation on Single Audit Compliance Project Number E4Y2(438) 1. In the prior fiscal year, did Village of Deerfield expend more than $750,000 in federal funds in aggregate from all LPA federal sources? ❑ Yes Pq No 2. Does the Village of Deerfield anticipate expending more than $750,000 in federal funds in aggregate from all federal sources in the current Village of Deerfield fiscal year? ❑ Yes PQ No LPA If answers to question 1 and 2 are no, please proceed to the signature section. If answer to question 1 is yes, please answer question 3a. If answer to question 2 is yes, please answer question 3b. 3. A single audit must be conducted in accordance with Subpart F of 2 CFR 200 if $750,000 or more in federal funds are expended in a single fiscal year. a. Has the Village of Deerfield performed a single audit for their previous fiscal year? LPA ❑ Yes ❑ No i. If yes, has the audit be filed with the Illinois Office of the Comptroller in accordance with 50 ILCS 310 (see also 55 ILCS 5 & 65 ILCS 5 & 601LCS 1/80)? ❑ Yes ❑ No b. For the current fiscal year, does the Village of Deerfield ❑ Yes ❑ No LPA intend to comply with Subpart F of 2 CFR 200? By completing this attestation, I certify that I have authority to sign this attestation on behalf of the LPA; and that the foregoing information is correct and complete to the best of my knowledge and belief. Name Title LPA Robert W. Phillips, P.E. Dir. of PW&E lVillage of Deerfield Si nature & Date Rac--e t W. PkzUifiy 7/26/24 Page 10 of 10 BLR 05310C (Rev. 05/09/24)