HomeMy WebLinkAboutResolution # 3743-A~~3741 3 ~ ` i .%
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Municipality
City of Canton L
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<~l IIIIr1olS Departn'1C'1'1t
C Name
Maurer-Stutz
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`~ of Transportation
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Township A N Address
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Preliminary Engineering
U 1670 E. Ash St.
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y A Services Agreement L
G For T city
Fulton E Motor Fuel Tax Funds A Canton
Section C ~ % T State
04-00093-00-RS y I Ilinois
THIS AGREEMENT is made and entered into this day of 2006 between the above Local
Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the
improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA 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.
Section Description
Name Ash Street; 11th Avenue; 20th Avenue
Route FAU 6883;
Length 2.36 Mi. 12466.00 FT (Structure No.
FAU 6904; FAU 6893
Termini Ash St. from Main St. to 20th Ave.; 11th Ave. from Chestnut St. to Ash St.' 20th Ave. from Chestnut St to Ash St
Description:
Prepare a PDR and ESR for all five (5) phases of the proposed project.
reement Provisions
The Engineer Agrees,
1. To pertorm or be responsible for the performance of the following engineering services for the LA, in connection with the
proposed improvements herein before described, and checked below:
a. ^ Make such detailed surveys as are necessary for the preparation of detailed roadway plans
b. ^ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation
of detailed bridge plans.
c. ^ Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles an
analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement.
Such investigations are to be made in accordance with the current requirements of the DEPARTMENT.
d. ^ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to
furnish sufficient data for the design of the proposed improvement.
e. ^ Prepare Army Corps of Engineers Permit, Department of Natural Resources-Office of Water Resources Permit,
Bridge waterway sketch, and/or Channel Change sketch, Utility plan and locations, and Railroad Crossing work
agreements.
f. ^ Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types)
and high water effects on roadway overflows and bridge approaches.
g. ^ Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA
with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all
documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction.
h. ^ Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction
easement and borrow pit and channel change agreements including prints of the corresponding plats and staking
as required.
Note: Four copies to be submitted to the Regional Engineer
Page 1 of 4 BLR 05510 (Rev. 7/05)
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i. ^ Assist the LA in the tabulation and interpretation of the contractors' proposals
j. ®Prepare the necessary environmental documents in accordance with the procedures adopted by the
DEPARTMENT's Bureau of Local Roads & Streets.
k. ® Prepare the Project Development Report when required by the DEPARTMENT.
(2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT, will
be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all
such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the
DEPARTMENT.
(3) To attend conferences at any reasonable time when requested to do so by representatives of the LA or the Department.
(4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or
survey corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even
though final payment has been received by him. He shall give immediate attention to these changes so there will be a
minimum delay to the Contractor.
(5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer
pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and
without restriction or limitations as to their use.
(6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him
and will show his professional seal where such is required by law.
The LA Agrees,
1. To pay the ENGINEER as compensation for all services performed as stipulated in paragraphs 1 a, 1 g, 1 i, 2, 3, 5 and 6 in
accordance with one of the following methods indicated by a check mark:
a. ^ A sum of money equal to percent of the awarded contract cost of the proposed improvement as
approved by the DEPARTMENT.
b. ^ A sum of money equal to the percent of the awarded contract cost for the proposed improvement as approved by
the DEPARTMENT based on the following schedule:
Schedule for Percentages Based on Awarded Contract Cost
Awarded Cost
Under $50,000
Percentage Fees
(see note)
Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum.
2. To pay for services stipulated in paragraphs 1b, 1c, 1d, 1e, 1f, 1h, 1j & 1k of the ENGINEER AGREES at actual cost of
performing such work plus 185 percent to cover profit, overhead and readiness to serve - "actual cost" being defined
as material cost plus payrolls, insurance, social security and retirement deductions. Traveling and other out-of-pocket
expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may
sublet all or part of the services provided under the paragraph 1 b, 1 c, 1 d, 1 e, 1 f, 1 h, 1j & 1 k. If the ENGINEER sublets all
or part of this work, the LA will pay the cost to the ENGINEER plus a five (5) percent service charge.
"Cost to Engineer" to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the
work. The classifications of the employees used in the work should be consistent with the employee classifications for
the services performed. If the personnel of the firm, including the Principal Engineer, perform 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.
Page 2 of 4 BLR 05510 (Rev. 7/05)
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3. That payments 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 detailed plans, special provisions, proposals and estimate of cost -being the work required by
paragraphs 1a through 1g under THE ENGINEER AGREES - to the satisfaction of the LA and their approval by the
DEPARTMENT, 90 percent of the total fee due under this AGREEMENT based on the approved estimate of cost.
b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of
the total fee due under the AGREEMENT based on the awarded contract cost, less any amounts paid under "a"
above.
By Mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time
as the work progresses.
4. That, should the improvement be abandoned at any time after the ENGINEER has performed any part of the services
provided for in paragraphs 1 a, through 1 h and prior to the completion of such services, the LA shall reimburse the
ENGINEER for his actual costs plus 185 percent incurred up to the time he is notified in writing of such
abandonment "actual cost" being defined as in paragraph 2 of THE LA AGREES.
That, should the LA require changes in any of the detailed plans, specifications or estimates except for those required
pursuant to paragraph 4 of THE ENGINEER AGREES, after they have been approved by the DEPARTMENT, the LA will
pay the ENGINEER for such changes on the basis of actual cost plus ~ g5 percent to cover profit, overhead and
readiness to serve ='actual cost" being defined as in paragraph 2 of THE LA AGREES. It is understood that "changes" as
used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate
set of plans and specifications.
It is Mutually Agreed,
1. That any difference between the ENGINEER and the LA concerning their 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.
2. 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 surveys, permits,
agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and
data, if any from traffic studies and soil survey and subsurface investigations 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 LA AGREES.
3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their
approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100
percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and
approved by the LA and the DEPARTMENT.
4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide
employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission,
percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this
contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability.
Page 3 of 4 BLR 05510 (Rev. 7/05)
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IN WITNESS WHEREOF, the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of
which shall be considered as an original by their duly authorized officers.
Executed by the LA
ATTEST:
By
(Seal)
City of Canton of the
(Municipality/Township/County)
State of Illinois, acting by and through its
Clerk By
Title
Executed by the ENGINEER:
ATTEST:
BY
Title ~,,•P~ ~Q,narL-
By
Title
Authorized MFT Expenditure
Date
Department of Transportation
Page 4 of 4 BLR 05510 (Rev. 7/05)
Printed on 2/10/2006 3:56:13 PM