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HomeMy WebLinkAboutResolution #3146O GtY. Town « Vlllp• that the fellewine described street(s) be improved under the Illinois Highway Code: Name of Thorou hfare Route From To Chestnut Street FAU 6884 West of First Avenue. 100- East of Eighth Ave. 8E IT FURTHER RESOLVED, 1. That the proposed improvement shall Consist of widening Chestnut Street, installing traffic signals at Chestnut St. and Fifth Avenue; installing new curb and gutter along the total length of the project with intersection and drainage improvements. and be designated as Section and shall be constructed 44' to 36' feet wide 91-00081-O1-FP 2. That there is hereby appropriated the (additional) sum of Fifty-five thousand ---------------------- ------------------------------- 5~ 000.00 ----°----°°----° Dollars (S ~ )for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by contract ;and, (so•ethr Contr•et «o•r Laeorl BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. APPROVED D•o•„m•nt o1 T~•n•pon•tion 19 ~itK I~ N ncv Wh1 tea Clerk Mrs. in and for the ~~' y of Canton IGiry, Town « Vlllay) County of Fulton ,hereby certity the foregoing to be a true, perfect and complete copy of a resolution adopted by Ithe Council Ifoune~l or Pr••~G•nt •nd Bo•rC of Trus1N•) October 6 ~ at a meeting on a•trtd Enpnw BlR 41031Rev. 8/87) IL 494-0352 { ~~ /"~~ Resolution for Improvement by Municipsllty ConsfxuCftlon Under the Illinois Hl~hway Code 8E IT RESOLVED, bytheMayor and City Council of the Counul «VrMWnl •nd 8o•ra of Tru•t••• City Canton of ,Illinois ICouneYl « PrpWnt •na BwrO of Tiu•t•••) ,1992. IN TESTIMONY WHEREOF,1 have hereunto set my hand and seal this 7th day of (SEaU October A.D. 1992 . City Clerk. w~u-.ic~paii(y ' _-~ ~~ ~ --~~-_- an ~ -~~- - ~-L _ ~) IllinoEsDepart ~ _ ~ _Name -- - - _N1cCl~re'~'E ngineeri'ng As$pc,~aite~=, _ .__ _ !County- _ ---- ~O , ``d ofTransportatton - -::G_ _ Address --- ~ - __ _s= . _ ~`a`kson ~~ Township ~ A Construction Engineering N- City L Services Agreement S For U ~lacomb Section A L State 91-00081-00-FP E A _ Illinois - ~ - - - Project No. STR-t•1-5007 6 ~ ~ Motor Fuel Tax Funds T Zip Code 61455 Job No. Y Existing C-94-216-92 Structure No: THIS AGREEMENT is made and entered into this day of October 19 92 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the construction of the above SECTION. Federal-aid Funds allotted to fhe LA by the State of Illinois under the general supervision of the State Cepartment of Transportation, hereinafter called the "STATE", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used, they shall be interpreted to mean: District Engineer District Engineer, Department'of Transportation Residen# Engineer LA employee directly responsible for construction of SECTION Contractor Company or Companies to which the construction contract was awarded Project Description Name Ch ~ .n ~ - ~ -r t Route Length 0.5653 Mi. Termini From 20 feet West of the centerline of First Avenue to Eighth Avenue Description: The work under this contract consists of earthwork, storm sewers, bituminous surface removal, bituminous base course and bituminous base course widening. In addition, the work includes pavement, curb and driveway removal and replacement, traffic signals, pavement marking. bituminous leveling binder (MM), binder and surface and other incidental and collateral work as shown in the plans. Agreement Provisions The Engineer Agrees, 1 . To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvement hereinbefore described, and checked below: a.(X) Proportioning and testing of concrete mixtures•itt.accordance with the "Manual of Instructions for Con- crete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the STATE and promptly submit reports on forms prepared by said Bureau. b.( ) Proportioning and testing of bituminous mixtures (including extraction test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the STATE, and promptly submit reports on forms prepared by said Bureau. c.(X) All compaction tests as required by the specifications and report promptly the same on forms prepared by the Bureau of Materials and Physical Research. d.( ) Quality and sieve analyses on local aggregates to see that they comply with the specifications contained in the contract. e.( ) Inspection of all materials when inspection is not provided at the sources by the Bureau of Materials and Physical Research, of the STATE, and submit inspection reports to the LA and the STATE in accordance with the policies of the said STATE. Sheet 1 of 6 Rl R 435? (Rov 1 1 /R91 ---,::~5~(_~-}- I~t, document,-and-tr~form-t#e~'~sideflt~et-o#-t#ie~~EC~rae~af•the:est~r~-~e~>=-a~+~~ain~--: _ - --_ - - . - --- • ~ n a n ce of t he traffic-` _ ..- ..-~. ~..---- _. - - - •. -ca~tfel.- --- ------~----•--~' --- _._ ~ _..___ K ..r- .... . ___ -..r+-~.. ._..-. f -_ .. __ _ g.( X) Geometric control including all construction staking and construction layouts. - - - ~ - -- -- - h.(X) Quality control in the construction work in progress and the enforcement of the contract provisions in ac- cordancewith the STATE Construction Manual. _..._ ....___.. -..___. i.( X) Assist in the measurement add computation of-pay items. j.( ) Maintain a daily record of the contractor's activities throughout construction including sufficient informa- tion to permit verification of the nature and cost of changes in plans and authorized extra work. k.( ) Preparation and submission to the LA in the required form and number of copies, all partial and final pay- mentestimates, change orders, records, documentation, and reports required by the LA and the STATE. I.(X) Revision of contract drawings to reflect as built conditions. 2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the RESIDENT ENGINEER or authorized representative. 4. To attend conferences and visit the site of the work at any reasonable time when requested to do so by the LA or representatives of the STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned, or transferred to any other party or parties without the written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. E. That payment by the LA shall be as hereinafter provided. The ENGINEER shall submit invoices, based on his progress reports, to the RESIDENT ENGINEER, no more than once a month for partial payment on account for his work completed to date. Such invoices shall represent the value, to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction en- gineeringcompleted) of the fixed fee for the fully completed work. 7. That the engineer is qualified technically and is entirely conversant with the design standards and policies ap- plicable to improvement of the SECTION; and that he has sufficient properly trained, organized and experienced personnel to perform the services enumerated, herein. 8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER'S work and correction of any errors, omissions or ambiguities due to the ENGINEER'S neglfg'8nce which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from his error, omission or negligent act, the ENGINEER shall indemnify the LA and its employees from all accrued claims or liability and assume all resti- tution and repair costs arising from such negligence. He shalt give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable Federal Statutes, State of Illinois Statutes, and local laws or ordi- nances of the LA. Sheet 2 of 6 BLR 4352 (Rev. 1 1 /89) ne~Eng~neer r=urther.~grees. -. ...--s~------------~-> -- to comoly_yv~tha.ILa i -- _. ,. ~3f`ca~t~-f~quat-Employment.and~londiscrirn~aat~iorll~-cts,:fxe.cu.five.~~rders;=aradyRegi~lalii~s-fe-~ . _ _ quired by the U.S.~Department of Transportation (DOT) includin - 9 ~.. _ . . 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. The LA Agrees, To furnish a RESIDENT ENGINEER to be in responsible charge of general supervision of the construction. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least twenty-four hours in advance of the need for personnel or services. 4. That for the performance by the ENGINEER of the services set forth above, the LA shall pay the ENGINEER on the following basis of payment: Time and ~~laterial not to exceed $45,000.00 without prior approval of the LA. Amount of Basic Fee. The ENGINEER shall receive, as full payment for completing all work required of him under this AGREEMENT, a basic fee, consisting of payment for the items shown in Section 4 (a), (b), (c) and (d) hereof. a. The ENGINEER shall be reimbursed for his actual costs related to the salaries of his employees for the time directly attributable and properly chargeable to the S~TION under the terms of this AGREEMENT, including salaries of principals of the ENGINEER for time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. A tabulation showing the present regular hourly salary range for each class of em- ployee expected to work on this SECTION is as follows: Hourly Rate~Range - " ~_ 1' Classification \ From To Principal Engineer Engineer Chief of Party Instrument Man Rodman Inspectors/ See Attachment C Sheet 3 of 6 BLR 4352 (Rev. i i /891 __ ~ The classifications of the employees used in the work should be consistent_with the employee classilicataon~ ----~r~-est+rr2ated manhours shown in EXHIBIT A. If the pei•sonne o€~tTie`fiif?~"'trreluding~fhe~Prn~ipal'~h'ginee.r, ...._ -- =•------ perform.r_~.7tm~~7~f~es-itTat-should normally be performed by le$ser=sela~i~d~persarnnek, the~wa~ge~~~ate~bitl~tl• _._____ _. for such services shall be commensurate_with,he_y~CO~k_per_~o.Gm~d;~ :.;:;.;,,~T.. ,.-- In the event that additional classes of employees must be utilized or if salary adjustments are made, the above . data maybe modified by agreement between the ENGINEER and the LA. Costs related to salaries shall include actual withholdings and contributions by either tfie-employee or the ENGINEER for the approved payroll burden items set forth in Exhibit A of this AGREEMENT. b. The ENGINEER shall be reimbursed for his direct non-sala y co is which are dire tly attr'lb table d properly allocable to the Project. See Exhi bi t ~ for a schedu~l a o~ the charges ~or reim~ursaba~'es . (1) Direct non-salary costs paid by the ENGINEER may also include in-plant and travel expenses. Travel ex- penses within the State of Illinois only, that are necessary to fulfill the terms of this AGREEMENT, may be directly charged to the SECTION. Reimbursable travel expenses shall include the reasonable cost of meals, lodging, incidental expenses, and transportation for regular employees and principals of the ENGI- NEER only while away from their regular place of duty and directly engaged on the SECTION. Travel ex- penses may be based on actual costs, or on an agreed per diem or mileage basis, or on a combination of the two,, provided the resulting charge is reasonable. The ENGINEER will not be required to submit re- ceipts for reimbursement of in-plant and travel expenses, but will be required to submit a detailed listing of such actual expenses certified by him to be direct SECTION costs that are not included in overhead. (2) The withholding provisions contained in Section Sa and 5b of this AGREEMENT shall not apply to costs enumerated in Section 4b above. c. The ENGINEER shall be reimbursed for his actual overhead or indirect costs to the extent that they are proper- ly allocable to the SECTION. Such costs shall be included i n the multiplier. d. The Engineer shall be paid for aci:ual salary times a multiplier of 3.U to cover ' profit, overhead and contingencies plus direct costs. The maximum total amount payable, including actual costs, fixed fee, and contingencies, shall not exceed $ 45,000.00 unless there is a substantial change in the scope, complexity, or character of the work, or there is a substantial overrun in the time necessary for the ENGINEER to complete the work due to causes beyond his control. Under these circumstances, adjustments in .total compensation to the ENGINEER shall be determined through negotiation between the parties of this AGREEMENT and concurred in by the STATE. 5. Partial Payments. The LA, for and in consideration of the rendering of the engineering services enumerated herein, agrees to pay to the ENGINEER for rendering such services the basic fee hereinafter established in the following manner: a. For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the ap- proval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGI- NEER, such payments to be equal to 95~of the value of the partially completed work (See Section 6 of THE ENGINEER AGREES) minus all previous partial payments made to the ENGINEER. b. After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the ap- proval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGI- NEER, such payments to be equal to 95% of the value of the partially completed work (See Section 6 of THE ENGINEER AGREES) minus all previous partial payments made to the ENGINEER. c. Final Payment -Upon approval by the LA but not later than 60 days after the work is completed and all final measurements and reports have been made and accepted by the LA, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGI- NEER under Section 5a and Sb of this AGREEMENT shall be due and payable to the ENGINEER. It is Mutually Agreed 1 . 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 three years from the date of final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administration, or any authorized representatives of the Federal Government and copies thereof shall be furnished if requested. Sheet 4 of 6 _ - ~ ~_ ii~;c. :i'~ _ .7ts':-'f1iSr~E'.. ': _.v~l~„ ~~;~Of' 7fU(~i'@S` 3r1G ,i,5 ...,.. ~,illill?C ~V .,''~ ~_ ~~/C . .___ENGLNEER.Jh.e~ENG,I~IEER_~hall.compleJte ailsarvices sped.fled-hE:rein_tiscithira~time.considered.-reasonable to the LA, after t-he CO OR_has com leted the construction conTract p ..:... ------~_ ~- 3:-Th-a~t-all ftel~rtates, test records-and ~epbrts s-ball be turned=overtU~dbecome t1-C~'xtri~rfy^ ofi~fi~e~l=•A arrd~ttrat 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 his possession and any such loss or damage shall be restored at his expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at his last known post office address, with the understanding that should the AGREEMENT be terminated by the L~A, the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total ser- vices which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in Section 4d of THE LA AGREES shall be multiplied by this percentage and added to the ENGINEER'S actual costs to obtain the earned value of work performed. All field notes, test records and reports completed or partially. completed at the time of termination shall become the property of, and be delivered to, the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in Section 1 f of the ENGINEER AGREES. 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: By City Clerk (SEAL) Executed by the ENGINEER: ATTEST ay ~(itle Ci t_y of Canton of the (Municipality/Township/County) State of Illinois, acting by and through its Ci tY CounC11 By Title: t4ayor , City of Canton McClure EnQineering Associates, Inc. 716 E. Jackson, P. 0. Box 593 Macomb, IL 51455 By Title: Sheet 5 of 6 BLR 4352 (Rev. 11189) Federal-Aid Project - - _ _ _ . _ . -- - - _ _. _ _. - --- - -,r---.. Certification of Engineer I hereby certify that I am the and duly authorized representative of the firm of McClure Engineering ,whose address is Z16 f.Jackson: P: -0. Box 5g3-, Macomb;- IL 614 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, I and the firm I herein represent: (d) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily exclud- ed 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 judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempt- ing to obtain or performing a public (Federal, State or local) transaction or contract under a public transac- tion: 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 entit"y (Federal, State or local.) with commission of any of the offenses enumerated in paragraph (e) of this certification; (g) have not within athree-year period preceding this AGREEMENT had one or more public transactions (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. (Date) (Signature) Certification of LA I hereby certify that I am the Mayor of the Ci tY 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- pliedcondition 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 organizatipn, any fee, contribution, donation, or consideration of any kind; except as herein expressly states (if any); I acknowledge that this certificate is to be furnished to the STATE, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) Sheet 6 of 6 Summary of Construction Services Job Description Surveyor 1. Concrete Plant Inspection 2. Density Testing 3. Concrete Inspection 4. Construction 5. Record Drawings 6. Construction 272 272 - -- ManFiours by Category Field Tech Engineer Technician 232 50 50 158 24 272 272 158 332 Labor Costs (Includes Overhead and Profit) - Estimated Hourly Rates Surveyor.. 272 MH x $45.00 = $12,240.00 Field Tech. 272 MH x 30.00 = 8,160.00 Technician 332 MH x 31.50 = 10,458.00 Engineer 158 MH x 61.00 = 9,638.00 $40,496.00 Direct Costs Mileage 9,600 Mi x $ 0.40 = $ 3,840.00 Nuclear Density 50 EA x 5.00 = 250.00 Tester Misc. Survey Supplies 500.00 (Lath, Stakes, etc.) ., ~~• $ 4,590.00 Total Estimated Construction Services $45,086.00 Not to Exceed $45,000.00 Exhibit B Schedule of Reimbursables Expenses Mileage Computer Time CAD Time Xerox Special Printing Per Diem Lodging Other Transportation Nuclear Density Testing Sub-Consultants $ 0.40/Mile 15.00/Hour 25.00/Hour 0.15/Copy 2.00/Each 18.00/Day cost cost 5.00/Test not to exceed $50.00/day Cost + 5~ e Cvh;~;~ n Salary Ranges Professionals (Surveyors and Engineers) Hourly Rate Grade From To P-1 $12.00 $16.30 P-2 13.50 18.30 P-3 15.40 21.40 P-4 17.30 24.50 P-5 20.20 30.30 P-6 23.10 34.10 P-7 26.90 38.50 P-8 32.70 45.70 Technicians T-1 6.00 8x70 T-2 7.90 11.80 T-3 10.10 14.20 T-4 11.30 16.40 T-5 13.20 19,20 T-6 16.60 22.10 T-7 19.50 26.40 Field Technicians F-1 5.80 7.00 F-2 6.70 10.10 F-3 9.10 12.00 F-4 10.60 13.50 Clerical C-1 5.00 6.500 -2 6.30 9.40 C-3 7.50 11.10 C-4 8.90 13.00 C-5 10.30 14.40 C-6 12.30 16.40 *Classifications anticipated to be used on this project.