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HomeMy WebLinkAboutResolution #3254 RESOLUTION N0. 3254 A RESOLUTION APPROVING AN AGREEMENT FOR PRELIMINARY ENGINEERING/ARCHITECTURAL SERVICES BETWEEN THE CITY OF CANTON AND PHILLIPS AND ASSOCIATES, INC. AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the City of Canton has received approval for an Illinois Department of Transportation Enhancement Grant for the rehabilitation of the CB&Q railroad station; and, WHEREAS, the Canton City Council of the City of Canton has determined that it is necessary and in the best interest of the City of Canton to enter into an agreement for engineering/architectural services with Phillips and Associates, Inc., hereto attached and herein incorporated as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the agreement for engineering/architectural services, hereto attached as Exhibit "A" between the City of Canton and the Phillips and Associates, Inc. is hereby approved. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver said agreement on behalf of the City of Canton, Illinois. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 20th day of September, 1994, upon a roll call vote as follows: AYES: ~~~~ Coay, Nblleck, Phillips, Sarff, Meade, Bohler, May, Chapi:ian, NAYS: None, ABSENT: None, APPROVED: ona war s, ayor ATTEST: ,~ ~ ,' Na y Wh t , City C erk Municipality Name Canton L 4~l Illinois Department Phillips & Associates, Inc. County O `~ of Transportation C Address Fulton C o 44 White Court, P.O. Box 459 Township A L Preliminary Engineering N City Canton ServicesF greement ~ canton Section A G Federal Participation L State 94-00084-00-HP T Illinois Project No. E (Type of Funding) A Zip Code STPTE-OOD4(54) C T 61520 Job No. Y Existing P-94-021-94 Enhancement Structure No. N/A THIS AGREEMENT is made and entered into this day of September ~ 9 94 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Federal-aid Funds allotted to the LA by the State of Illinois under the gener- al supervision of the State Department of Transportation, hereinafter called the "STATE", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Project Description Name C . B . & Q . Railroad Station Route Rehabs station Termini Located in the Block Encompassed Street & Elm Street on the North N/A Length N/A Mi. by 3rd Ave. & 4th Ave. on the West & East & Chestnut & South - 380 East Chestnut Street Description: Preliminary Engineering I and II for the rehabilitation of the former Chicago, Burlington & Quincy (CB & Q) Railroad Station. Agreement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvement hereinbefore described, and checked below: See Exhibit "A" -Outline of Architect/Engineer Services N/A a.( ) Make such detailed surveys as are necessary for the planning and design of roadways and/or bridges and for the preparation of detailed construction plans. N/A b.( ) Make stream and flood plain hydraulic surveys and gather both existing bridge up and downstream high water data, and flood flow histories. N/A c.( ) Prepare application for Army Corps of Engineers Permit, application for Division of Water Resources Permit, bridge waterway sketch and/or channel change sketch, Project Report, Utility Plan, Traffic Con- trol Plan, and Railroad Crossing Work Agreements. N/A d.( ) Design and/or approve cofferdams and superstructure shop drawings. N/A e.( ) Prepare Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or cul- verttypes) and high water effects on roadway overflows and bridge approaches. N/A f.( ) Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current requirements of the STATE. N/A g.( ) Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. BLR 4351 (Rev. 11 /89) (Sheet 1 of 8) N/A h.( ) Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design re- . quirements and policies. N/A i.( ) Make or cause to be made such traffic studies and counts and special intersection studies as may be re- quired to furnish sufficient data for the design of the proposed improvement. N/A j,( ) After the review heretofore required, complete the general and detailed plans, special provisions and es- timate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Federal-Aid Procedures for Local Highway Improvements manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. k.( ) Plans for structures to be built as a part of the improvement will be prepared under the supervision of wiiliam Phillips , a Registered Structural I>a>~~ Architect. N/A I.( ) Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, con- struction easements, and borrow pit and channel change agreements including prints of the correspond- ingplats and staking as required. N/A m.( )Prepare the necessary environmental documents in accordance with the guidelines contained in the Federal-Aid Procedures for Local Highway Improvements manual. 2. To attend conferences to be held at the request of the LA and visit the site of the work at any reasonable time when requested to do so by the LA or representatives of the STATE. 3. To commence the work within 3o calendar days, and to complete the services provided for herein within 120 calendar days, from the date of the Notice to Proceed, excluding from con- sideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. That should the LA require changes in any of the Bridge Design and Hydraulic Report, ROW, Plats, Easements, environmental documents, detailed construction plans, specifications or estimates after they have been ap- proved in writing by the LA, the LA shall pay the ENGINEER, in addition to the Lump Sum Fee set forth in Section 2 of THE LA AGREES, hourly rates in amounts equal to the entire value to the ENGINEER for the actual time spent in making such changes but in no case shall the LA be billed at rates in excess of those listed below nor shall the total compensation for changes under the provisions of this SECTION exceed $ without renegotiation of the agreement and concurrence of the STATE. See Exhibit "B" - 1994 Hourly Fees for Professional Services. Hourly Rate Including Burden, Fringe, Overhead, 8 Profit Principal Engineer Principal Assistant Engineer Assistant Engineer Draftsmen Rodmen Proiect Architect Principal Architect Secretarial N/A N/A N/A 70. BLR 4351 (Rev. 1 1 /89) (Sheet 2 of 81 The classifications of the employees used in the work should be consistent with the employee classifications and estimated manhours shown in EXHIBIT A. If the personnel of the firm, including the Principal Engineer, per- form routine services that should normally be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. It is understood that "changes", as used in this Section, means basic changes in location or design and that the provisions of this Section shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans satisfactory to the LA and the STATE. 5. That he is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION; and that he has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein, except as stated in Section 1 k of the ENGINEER AGREES. 6. That he shall be responsible for the accuracy of the Work and shall promptly make necessary revisions or cor- rections resulting from his errors, omissions, or negligent acts without additional compensation. Acceptance of the Work by the STATE will not relieve the ENGINEER of the responsiblity for subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That he will comply with applicable Federal Statutes, State of Illinois Statutes, and local laws or ordinances of the LA. The Engineer Further Agrees, to comply with all applicable Equal Employment and Nondiscrimination Acts, Executive Orders, and Regulations re- quired by the U.S. Department of Transportation (DOT) including: a. 23 USC 710.405(b), Nondiscrimination on Basis of Sex in Right-of-Way Acquisition. b. 42 USC 2000d-1, Title VI of the Civil Rights Act of 1964 (Nondiscrimination on Basis of Race, Color, or Nation- al Origin). c. 49 CFR 21, Nondiscrimination in DOT Programs. d. 49 CFR 23, Participation by MBE's in DOT Programs. It is the policy of the U.S. Department of Transportation that Minority Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts/agreements financed in whole or in part with Federal funds under this AGREEMENT. The ENGINEER agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of this AGREEMENT. In this regard the ENGINEER shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, to ensure that minority busi- ness enterprises have the maximum opportunity to compete for and perform portions of this AGREEMENT. The ENGINEER shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The ENGINEER shall include the provisions of this "Policy" in every subcontract, including procurement of materials and leases of equipment. Failure to carry out the requirements set forth above shall constitute a breach of this AGREEMENT and may result in termination of the AGREEMENT or such remedy as deemed appropriate. e. 49 CFR 27, Nondiscrimination on Basis of Handicap. BLR 4351 (Rev. 11 /89) (Sheet 3 of 8) The LA Agrees, t. To furnish the ENGINEER with all presently available survey data and information, including instructions for scales to be used, standard details and Standard Specifications adopted by the STATE and other available data useful to the work to be done by the ENGINEER. If the work provided in Section 1 i is not required by this agree- ment, the LA shall make or cause to be made traffic counts required for design purposes and furnish same to the ENGINEER. 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, a Lump Sum Fee of $ 24, 411.00 plus compensation for soil surveys or subsurface investigations; Bridge Design and Hydraulic Report; right-of-way, channel change and hydraulic surveys; environmental documents; permits; soil analysis and evaluation; cofferdam and shopdrawing review; and extra work as provided for under Sections 1 a through 1 m, and 4 of THE ENGINEER AGREES and Sections 3d through 3h of THE LA AGREES of the AGREE- MENT. In the event such changes of the work specified in this AGREEMENT are required prior to the written ap- proval of plans, specifications and estimates by the LA, adjustments in compensation to the ENGINEER and ad- justments in time for performance of the work as modified, shall be determined through arbitration between the parties to this AGREEMENT and concurred in by the STATE. 3. That payment due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been performed in accordance with the following schedule: a. Upon completion of field surveys, payment to be per cent of the Lump Sum Fee. b. Upon completion of the detailed plans, special provisions, and estimate of cost, payment to be per cent of the Lump Sum Fee. c. Upon approval of the plans by the STATE, payment to be the balance of the Lump Sum Fee. d. Soil Surveys or subsurface investigation (1 f), if required and done by the ENGINEER, will be paid for in accor- dance with Section 4 of THE ENGINEER AGREES. If the ENGINEER sublets this work, it will be paid for at the cost to the ENGINEER. In either case, the total compensation for this work shall not exceed $ e. Changes required, in the detailed plans, specifications or estimates after they have been approved in writing by the LA, will be paid for in accordance with Section 4 of THE ENGINEER AGREES. f. Hydraulic surveys (1 b), permits, sketches, reports, plans, and agreements (1c), cofferdams and superstruc- ture shop drawings (1d), preliminary bridge design and hydraulic report (1e), will be paid for in accordance with Section 4 of THE ENGINEER AGREES, and the total compensation for this work shall not exceed g. Soil and foundation boring analysis and evaluation (1 g), cofferdam design and/or approval, and shop drawing review and approval (1d) will be paid for in accordance with Section 4 of THE ENGINEER AGREES, and the total compensation for this work shall not exceed $ h. Right-of-way, channel change and easement surveys and plats (11), and preparation of environmental docu- ments (1 m) will be paid for in accordance with Section 4 of THE ENGINEER AGREES, and the total compensa- tion for this work shall not exceed $ BLR 4351 (Rev. 1 1 /891 (Sheet 4 of 8) It is Mutually Agreed 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That all plans, specifications, estimates, plats, and other documents furnished to the LA by the ENGINEER in ac- cordance with this AGREEMENT shall be endorsed by him and shall show his professional seal where such is re- quired bylaw. 3. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accor- dance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts, and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA, or to the STATE, without restriction of limitation as to their use. 4. That all reports, plans, plats, estimates, and special provisions to be furnished by the ENGINEER in accordance with Sections 1 a through 1 m inclusive, of THE ENGINEER AGREES shall be in accordance with the current stan- dard specifications and policies of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enu- merated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned, or tranfered to any other party or parties without written consent of the LA, except as stated in Sections 1 e, 1 f and 1 k of THE ENGINEER AGREES. 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. five 6. That the ENGINEER and his 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 tst'ctsa years from the date of the final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administration, or any authorized representa- tives of the Federal Government and copies thereof shall be furnished if requested. 7. That payment by LA in accordance with Sections 2 and 3 of THE LA AGREES will be considered as payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 8. 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. 9. 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 his Work and shall idemnify and save harmless the LA, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting therefrom. These indemnities shall not be limited by the listing of any insurance coverage. 10. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA, all 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 LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE ENGINEER AGREES and Section 3 of THE LA AGREES. BLR 4351 (Rev. 11 /89) (Sheet 5 of 8) Successors and Assigns That the LA and the ENGINEER bind themselves, their successors, executors, administrators, and assigns to the other party of this AGREEMENT, and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this AGREEMENT. Executed by the LA: ATTEST ay City Clerk (SEAL) Executed by thel~HA: ARCHITECT ATTEST By Title: C.W. Phillips, President City of Canton of the (M u n i ci pa I ity/~T~~nac-st>:ils~eac~~g$ State of Illinois, acting by and through its Mayor By Title: Donald E. Edwards, Mayor Phillips & Associates, Inc. 44 White Court. P.O. Box 459 Canton, Illinois 61520 ey Title: William Phillips, Principal Architect BLR 4351 (Rev. 11 /89) (Sheet 6 of 8) Federal-Aid Project Certification of ~~8 Architect I hereby certify that 1 am the Principal Architect and duly authorized representative of the firm of _1'hillips and Assoc. Inc ,whose address is 44 white Court, PO Box 45 anion, TT f~1520 and that neither I nor the above firm I herein represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other considerations, any firm or person (other than a bona fide employee working solely for me or the above 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 to 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 con- nection with, procuring or carrying out the AGREEMENT, In addition, 1 and the firm I herein represent: (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 athree-year period preceding this AGREEMENT been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (f) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) of this certification; and (g) have not within athree-year period preceding this AGREEMENT had one or more public transaction (Federal, State or local) terminated for cause or default. Where the ENGINEER is unable to certify to any of the statements in this certification, such ENGINEER shall attach an explanation to this AGREEMENT. I acknowledge that this certificate is to be furnished to the LA and the STATE, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both crimi- nal and civil. September , ~ 9q4 (Date) (Signature) Certification of LA I hereby certify that I am the Mayor of City of Canton (County Board Chairman/Mayor/Village President, etc.) (County/Municipality/Township) and that the above ENGINEER or his representative has not been required directly or indirectly as an express or im- plied condition in connection with obtaining or carrying out this AGREEMENT to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person or organizaton, any fee, contribution, donation, or consideration of any kind; except as herein expressly stated (if any); I acknowledge that this certificate is to be furnished to the STATE, in connecion with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. September , 1994 (Date) (Signature) BLR 4351 (Rev. 11 /a9) (Sheet 7 of 8) C 'C .~ Q C a W t W .~ L a o O L ~ i C ~I ~I :.= p~ N ~ O C ~ M O O ~ m Q Ll C ~i o ors a Q ~ ~w a ~ v ,~ Q.> >.D ~mQ,mcv N N N 7 ~ d . aa~ O W 0 .,~ U O 01 I~ C ~ O O Z ~ ~ ~ cna~ ~ N M M Q1 l0 ~ r-1 FO M O ~ ~ ~ ~ N N ~ d ri 00 O CO to -{ ' M ri l0 N N N ~ ~ a ,-~ .a w ~r w ~ W tf1 01 ~ ~ N '--~ r-I M e--I ~• o~~ ' dm WV ~ d N ~ r1 M _~ ~'` O N CO to M 0 0 00 00 a~U ~ o ~ o o a o ~ ~ N ri N [~ ~ O'"' c~ ~- ~~ N N N O CO CO N N '-I ~-t C ~ tf1 O tf1 O O t11 tI1 ~ Lf1 d' N ~ ~_ ~ N Q U U U d O ~ m ro ~ FC FC ~+ ~N N 1~ +~ +~ N d W cN0 ~ ~ . • O b U U U ~ ~ ~ ~ m a~ a a a ca cn cn a~ N ~ ~ W Of c N N ~ ~. C O d C 3 a Noma c U ~ i Q :t ~ .N. Q C ~ o ~ ~ ~~~ C ~ c ro ~ d ivi~ a O W a ~ ro ~ ~ mN~~ • a ~ q ~,-~ •~ •~, U .~ y Q E • • ~` W ~ ~ N to A ~ cd A ~d A N U N m ~€~ O to P ~ a. a¢U rn ¢ co O ~~ J m ~ EXHIBIT "A" OUTLINE OF ARCHITECT/ENGINEER SERVICES 1.1 The Architect-Engineer shall provide the services indicated herein in accordance with the terms and conditions of this Agreement. 1.2 Project Development Report A. Review and coordinate the data contained in the grant application, consult with designated representatives of IDOT and LA and visit the project site to obtain a thorough understanding of the project. B. Prepare a project development report containing the coordinated project criteria supplemented by all other information necessary to form a complete basis for the project design. C. The project will be designed based on 90% of the project construction budget which will provide a design contingency of 5% and a construction contingency of 5%. D. Record minutes of all meetings held throughout the course of the project and distribute copies to participants and project team within seven (7) working days. 1.3 Preliminary Design A. Prepare preliminary design documents based on the project development report showing the resolution of all building and site elements. Fix and illustrate the scope, scale and relationship of the project components for structural, mechanical, plumbing, and electrical systems. Identify materials and specify performance characteristics and quality standards. B. Prepare a statement of probable construction cost based on the preliminary design with breakdown by principal elements and major trades. Detail shall be sufficient to permit review and analysis of the preliminary design costs for conformance to the project construction budget. 1.4 Preliminary Design Review. A. Submit for IDOT and LA review and comment the project development analysis report and the preliminary design document consisting of plans, evaluations, sections, and other drawings as necessary to illustrate the design. 1.5 Bidding Document Preparation A. Prepare Bidding Documents, based on the approved preliminary design in a form suitable for public bidding contracts in conformance with the Illinois Purchasing Act and IDOT and LA Rules and Regulations. 1.6 Bidding Document Review A. Prior to printing drawings and project manuals for distribution to bidders, submit to IDOT and LA for review the completed Bidding Documents and a detailed statement of probable construction costs prepared on a quantity analysis basis with unit prices and quantities for all divisions of work for all contracts. R. Provide review documents for IDDT, LA and Regulatory Agencies C. Make corrections/additions to Bidding Documents. i-XNi31?' 1994 HOURLY FFE:; F0~2 PRC;FcSSiON,4t. ~~:'i<`11CtS PROJECT ARCHITECT PRINCIPAL ARCHITECT DRAFTER -GRADE A DRAFTER -GRADE B SECRETARIAL -GRADE 1 $70.00 X37.00 $32.00 $24.00 $24.00 Hourly fees are exclusive of travel costs and expenses, necessary long distance telephone and fax charges, and reproduction of drawings. Mileage charges, where applicable, are $.35 per mile. For Architect court time and depositions, add 50%.