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HomeMy WebLinkAboutResolution #5001 - IDOTIllinois Department of Transportation Division of Highways / Region 3 / District 4 401 Main Street / Peoria, Illinois / 61602 -1111 Telephone 309/671 -3333 February 17, 2015 City Motor Fuel Tax (MFT) City of Canton Section: 07 -00093 -04 -EG Supplemental Improvement Resolution Ms. Diana Pavley -Rock City Clerk 2 North Main Street Canton, Illinois 61520 Dear Ms. Pavley -Rock: The resolution adopted by the City Council on February 3, 2015, appropriating $1,841.00 of Motor Fuel Tax Funds for the Ash Street improvement is approved. A file copy is enclosed. The Request for Expenditure /Authorization of Motor Fuel Tax Funds (BLR 09150) is also approved. An authorization for $1,841.00 for Engineering was made on this date and will show up on your next allotment letter. Also approved is the Final Report of Improvement Constructed Under the Illinois Highway Code (BLR 13510) for the above section. A file copy is enclosed. Sincerely, Kensil A. Garnett, P.E. Acting Deputy Director of Highways, Region Three Engineer CRT /lmh s:\ gen \blrs\stafi\thaller\improvement reso lutions\improvreso_canton_07 -00093 -04 - eg.docx Enclosures cc: Maurer -Stutz (Mr. George Merkle) District Four Compliance Review Officer File Illinois Department of Transportation Resolution for Improvement by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Council of the Council or President and Board of Trustees City of Canton Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Ash Street 20 Avenue Route FAU 6883 FAU 6893 From 15 Avenue Ash Street To 20 Avenue Chestnut Street BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Pre-Engineering for Ash Street - Phases IV and V to complete boundary, visual utility and topographic survey. CMDED )' and shall be constructed wide and be designated as Section 07- 00093 -04 -EG 2. That there is hereby appropriated the (additional ® Yes ❑ No) sum of one thousand eight hundred forty -one and 00/100 Dollars ( $1,841.00 ) 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, Specify Contractor Day Labor 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 caZ.L7 -L S Date Department of Transportation Regional Engineer I, Diana Pavley -Rock Clerk in and for the City of Canton City, Town or Village County of Fulton , hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees at a meeting on February 3, 2015 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 3rd Printed 1/28/2015 BLR 09111 (Rev. 11/06) Illinois Department of Transportation For District Use Only Transaction Number Request for Expenditure /Authorization of Motor Fuel Tax Funds Municipality City of Canton County Fulton Rd. District Section 07- 00093 -04 -EG I hereby request authorization to expend Motor Fuel Tax Funds as indicated below. Purpose Amount ContractConstruction ................................................................................................ ............................... DayLabor Construction ............................................................................................ ............................... Right -of -Way (Itemized On Reverse Side) ................................................................ ............................... Engineering................................................................................................................ ............................... 1,841.00 MaintenanceEngineering .......................................................................................... ............................... EngineeringInvestigations ......................................................................................... ............................... OtherCategory .......................................................................................................... ............................... ObligationRetirement ................................................................................................ ............................... Maintenance............................................................................................................... ............................... Co. Eng. /Supt. Salary & Expenses (Period from to ) IMRFor Social Security ............................................................................................. ............................... Interest vu9G3V 4 ,,, � s. ■s„�� Total $ 1,841.00 Comments Date Signed by Title of Official Approved hz-a 1-5 Date Department of Transportation Printed 1/28/2015 Page 1 of 2 BLR 09150 (Rev. 11/06) Illinois Department of Transportation Final Report of Improvement Constructed Under the Illinois Highway Code Local Public Agency: City of Canton County: Fulton Section: 07- 00093 -04 -E G Contractor: N/A Remarks: Original Resolution for $7 000. Supplemental Resolution for $1 841 to cover additional engineerin required to complete boundary, utilit and to o ra hic /e y. The improvement was constructed in accordance with the plans approved by the Department on N/A Final inspection of the designated work was made by the Department on Date N/A and it was Date found to be completed substantially in accordance with the requirements of the plans, specifications and contract. The financial statement is in accordance with department records. This improvement shall henceforth be maintained by: N/A Local Agency Length as Built: Cross Section as Built: George B Merkle Road Bed Width: Surface Type: Prepared By Senior Project Engineer Width: Thickness: Title of Preparer January 28 2015 Award Date: Date Awarded Amount- LocatA4ency Signature �Q' Title February 3, 2015 Date IWO% � 'u�® Regional Engineer Dy ��� c'�7 ►� l Date Printed 1/28/2015 BLR 13510 (Rev. 07/16/13) (t Illinois Department of Transportation Resolution for Improvement by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Council of the Council or President and Board of Trustees City of Canton Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare I Route I From To Ash Street FAU 6883 15 Avenue 20 Avenue 20 Avenue FAU 6893 Ash Street Chestnut Street BE IT FURTHER RESOLVED, Ij air, and shall be constructed wide and be designated as Section 07- 00093 -04 -EG 2. That there is hereby appropriated the (additional ® Yes ❑ No) sum of one thousand eight hundred forty -one and 00/100 Dollars ( $1,841.00 ) 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, Specify Contract or Day Labor 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 07 t`7 15 Date Department of Transportation Regional Engineer I, Diana Pavley -Rock Clerk in and for the City of City, Town or Village County of Fulton Canton , hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees at a meeting on February 3, 2015 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 3rd Printed 1/28/2015 BLR 09111 (Rev. 11/06) Illinois Department of Transportation For District Use Only Transaction Number Request for Expenditure /Authorization of Motor Fuel Tax Funds Municipality City of Canton County Fulton Rd. District Section 07- 00093 -04 -EG I hereby request authorization to expend Motor Fuel Tax Funds as indicated below. Purpose Amount ContractConstruction ................................................................................................ ............................... DayLabor Construction ............................................................................................ ............................... Right -of -Way (Itemized On Reverse Side) ................................................................ ............................... Engineering................................................................................................................ ............................... 1,841.00 MaintenanceEngineering .......................................................................................... ............................... EngineeringInvestigations ......................................................................................... ............................... OtherCategory .......................................................................................................... ............................... ObligationRetirement ................................................................................................ ............................... Maintenance............................................................................................................... ............................... Co. Eng. /Supt. Salary & Expenses (Period from to ) IMRFor Social Security ............................................................................................. ............................... Interest ... ............................... na ' 10 p�er'' ............................... ° . Total $ 1,841.00 Comments Date Signed by Febrdan6. 3 City Clerk Title of Official 15 Approved Date Department of Transportation �6t _ Re Tonal En sneer Printed 1/28/2015 Page 1 of 2 BLR 09150 (Rev. 11/06) Illinois Department of Transportation Final Report of Improvement Constructed Under the Illinois Highway Code Local Public Agency: City of Canton County: Fulton Section: 07- 00093 -04 -E G Contractor: N/A memarKS: _Unginal Resolution for $7 000 Supplemental Resolution for $1 841 to cover additional engineering required to complete boundary visual utilit and to o ra hic surve . The improvement was constructed in accordance with the plans approved by the Department on N/A Final inspection of the designated work was made by the Department on Date N/A and it was Date found to be completed substantially in accordance with the requirements of the plans, specifications and contrart Tha financial statement is in accordance with department records. This improvement shall henceforth be maintained by: Length as Built: Cross Section as Built Road Bed Width: Surface Type: Width: Thickness: Award Date: Awarded Amount: RECORDED N/A Local Agency Geor a B. Merkle Prepared By Senior Pro ect En ineer Title of Preparer January 28 2015 Date Oil /d�2 1,t al gefty -S gnature Title February 3 2015 Date Regional Engineer o�L-1i!i Date Printed 1/28/2015 BLR 13510 (Rev. 07/16/13) Illinois Department of Transportation St)I u_ f 0'V 500 Resolution for Improvement by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Council of the City Council or President and Board of Trustees of Canton Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: of Thoroughfare Ash Street 20" Avenue FAU 6883 J 15' A unev FAU 6893 Ash Street From To 201h Avenue Chestnut Street BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of resurfacing and reconstruction of the pavement on Ash Street from 15th Avenue to 20th Avenue and the widening and resurfacing of the pavement on 20th Avenue from Chestnut Street to just north of Ash Street. The work on this project consists of earthwork, pavement items, drainage improvements and other collateral work as necessary to complete the project. and shall be constructed variable width wide and be designated as Section 04- 00093 -04 -RS 2. That there is hereby appropriated the (additional ❑ Yes ® No) sum of five hundred eighty thousand Dollars ( $580,000.00 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work snail be done by —Contract ;and, Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed t ransm t two certified copies of this resolution to the district office of the Department of Transportation. Approved Date Department of Transportation Regional Engineer Diana Pavley -Rock Clerk in and for the City of City, Town or Village County of Fulton Canton , hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees at a meeting on February 17, 2015 IN TESTIMONY WHEREOF, I have hereunto set Date hand and seal this 17th Printed 2/10/2015 BLR 09111 (Rev. 11/06) Illinois Department of Transportation Division of Highways / Region 3 / District 4 401 Main Street / Peoria, Illinois 161602-1111 Telephone 309/671 -3333 February 26, 2015 City of Canton Section: 04-00093-04-RS Ash Street and Twentieth (20th) Avenue Reconstruction Preliminary /Construction Engineering Services Agreement Mr. George Merkle Maurer -Stutz 3116 North Dries Lane, Suite 100 Peoria, Illinois 61604 Dear Mr. Merkle: The Preliminary /Construction Engineering Services Agreement For Motor Fuel Tax Funds dated February 17, 2015, between the city of Canton and Maurer - Stutz, to be performed in connection with the improvement of the above section is approved. Sincerely, •• x • Kensil A. Garnett, P.E. Acting Deputy Director of Highways, Region Three Engineer SJA/lmh s: \gen \blrs\staff\alwan\transmittal letters\agreements \transltr canton—ash st and 20th ave_04- 00 0 9 3 -04- rs_ce.docx cc: Ms. Diana Pavley -Rock, City Clerk Central Bureau of Local Roads & Streets (letter only) District Four Compliance Review Officer File "t Municipality L IAiros Depatmno Name City of Canton Of Tranq)ortaUW C Maurer - Stutz, Inc. C O A L N S Address Township 3116 N. Dries Ln,: Ste 100 A G Preliminary/Construction Engineering Services U T City County Fulton E Agreement A Peoria N C For Motor Fuel Tax Funds T State Section 04- 00093 -04 -RS Y IL 61604 THIS AGREEMENT is made and entered into this 17th day of February 2015 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above PROJECT. 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. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director Division of Highways, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LA in immediate charge of the engineering details of the PROJECT Contractor Company or Companies to which the construction contract was awarded Section Description Name Ash and 201h Reconst Route Various Length 1.08 miles Structure No. Termini Ash Street from 15th Avenue to 20th Avenue and 20th Avenue from Ash Street to Chestnut Street Description Provide Construction Observation for the resurfacing and reconstruction of Ash Street and 20th Avenue Agreement Provisions The Engineer Agrees, To perform or be responsible for the performance of the following engineering services for the LA in connection with the proposed improvement 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 and 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. Printed 2/10 /2015 Page 1 of 5 BLR 05512 (Rev. 01/10/12) e. ❑ Prepare Army Corps of Engineers Permit, Division 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. NOTE Four copies to be submitted to the Regional Engineer 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 easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. i. ❑ Assist the LA in the receipt and evaluation of proposals and the awarding of the construction contract. j. ❑ Furnish or cause to be furnished: (1) Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for Concrete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the DEPARTMENT and promptly submit reports on forms prepared by said Bureau. (2) Proportioning and testing of bituminous mixtures (including extracting test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the DEPARTMENT, and promptly submit reports on forms prepared by said Bureau. (3) All compaction tests as required by the specifications and report promptly the same on forms prepared by the Bureau of Materials and Physical Research. (4) Quality and sieve analyses on local aggregates to see that they comply with the specifications contained in the contract. (5) Inspection of all materials when inspection is not provided at the sources by the Bureau of Materials and Physical Research, of the DEPARTMENT and submit inspection reports to the LA and the DEPARTMENT in accordance with the policies of the said DEPARTMENT. k. ® Furnish or cause to be furnished (1) A resident construction supervisor, inspectors, and other technical personnel to perform the following work: (The number of such inspectors and other technical personnel required shall be subject to the approval of the LA.) a. Continuous observation of the work and the contractor's operations for compliance with the plans and specifications as construction proceeds, but the ENGINEER does not guarantee the performance of the contract by the contractor. b. Establishment and setting of lines and grades. c. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. d. Supervision of inspectors, proportioning engineers and other technical personnel and the taking and submitting of material samples. e. Revision of contract drawings to reflect as built conditions. f. Preparation and submission to the LA in the required form and number of copies, all partial and final payment estimates, change orders, records and reports required by the LA and the DEPARTMENT. NOTE: When Federal funds are used for construction and the ENGINEER or the ENGINEER's assigned staff is named as resident construction supervisor, the ENGINEER is required to be prequalifled with the STATE in Construction Inspection. The onsite resident construction supervisor and project inspectors shall possess valid Documentation of Contract Quantities certification. Printed 2/10/2015 Page 2 of 5 BLR 05512 (Rev. 01/10/12) 2. That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to this agreement will be in accordance with the current standard specifications and policies of the DEPARTMENT, it being understood that all such reports, plats, plans and drafts shall before being finally accepted, be subject to approval by the LA and the said DEPARTMENT. 3. To attend conferences at any reasonable time when requested to do so by the LA or representatives of the DEPARTMENT. 4. In the event plans, surveys or construction staking are found to be in error during the construction of the PROJECT and revisions of the plans or survey or construction staking 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. The 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. To make such changes in working plans, including all necessary preliminary surveys and investigations, as may be required after the award of the construction contract and during the construction of the improvement. 7. That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. 8. To submit, upon request by the LA or the DEPARTMENT a list of the personnel and the equipment he /she proposes to use in fulfilling the requirements of this AGREEMENT. The LA Agrees, 1. To pay the Engineer as compensation for all services performed as stipulated in paragraphs 1a, 1g, 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 percentage 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 Note: Not necessarily a percentage. Could use per diem, cost -plus or lump sum. (see note) To pay for services stipulated in paragraphs 1 b, 1c, 1 d, le, 1f, 1 h, 1j and 1 k of THE ENGINEER AGREES at the hourly rates stipulated below for personnel assigned to this PROJECT as payment in full to the ENGINEER for the actual time spent in providing these services the hourly rates to include profit, overhead, readiness to serve, 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 paragraphs 1 b, 1c, 1d, 1e, 1f, 1j and 1k of THE ENGINEER AGREES. If the ENGINEER sublets all or a 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. Printed 2/10/2015 Page 3 of 5 BLR 05512 (Rev. 01/10/12) Grade Classification of Employee Hourly Rate Principal Engineer $160 /Hr Resident Construction Supervisor $110 /Hr Chief of Party Instrument Man Rodmen Inspectors $85 /Hr Whitney - Mat'I Testing Cylinder Tests $12.10 /Each Soil /Bit Testing $266 /Day Nuclear Density Equip $56 /Day Documentation $48 /Each The hourly rates itemized above shall be effective the date the parties, hereunto entering this AGREEMENT, have affixed their hands and seals and shall remain in effect until 10/1/2015 . In event the services of the ENGINEER extend beyond 10/1/2015 , the hourly rates will be adjusted yearly by addendum to this AGREEMENT to compensate for increases or decreases in the salary structure of the ENGINEER that are in effect at that time. 3. That payments due the ENGINEER for services rendered pursuant to 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 based on the above fee schedule and 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 (excluding any fees paragraphs 1j and 1k of the ENGINEER AGREES), based on the above fee schedule and the awarded contract cost, less any previous payment. c. Upon completion of the construction of the improvement, 90 percent of the fee due for services stipulated in paragraphs 1j and 1 k. d. Upon completion of all final reports required by the LA and the DEPARTMENT and acceptance of the improvement by the DEPARTMENT, 100 percent of the total fees due under this AGREEMENT, less any amounts previously paid. 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 improvements be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1a and 1g, 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 material costs plus actual payrolls, insurance, social security and retirement deductions. Traveling and other out -of- pocket expenses will be reimbursed to the ENGINEER at his actual cost. 5. 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 185 percent to cover profit, overhead and readiness to serve - "actual cost" being defined as in paragraph 4 above. 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. 6. That should the LA extend completion of the improvement beyond the time limit given in the contract, the LA will pay the ENGINEER, in addition to the fees provided herein, his actual cost incurred beyond such time limit - "actual cost" being defined as in paragraph 4 above. To submit approved forms BC 775 and BC 776 with this AGREEMENT when federal funds are used for construction. It is Mutually Agreed, 1. That any difference 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 Printed 2/10 /2015 Page 4 of 5 BLR 05512 (Rev. 01/10/12) 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 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. 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 the 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. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized offices. Executed by the LA: ATTEST: By Cit Clerk (Seal) Executed by the ENGINEER: City of Canton of the (Municipality/Township /County) State of Illinois, acting by and through its Council By ��l �W- =;1 Title: Mayor Maurer - Stutz. Inc 1670 E. Ash St. ATTE T: Canton IL 61520 By B Titl 5e ✓7 <vy' i'i��Jec�' Ehq�•e✓ Title: Approved a -a G -!j Date Department of Transportation Printed 2/10/2015 Page 5 of 5 BLR 05512 (Rev. 01/10/12) 0 J M Q N L6 ol 0 � iM/?� O O O ^ 0 M 0 p 00 amp M Ln 0 M Ln -:T N eN-I N i/1 (/} � t/} ti/} W IA. t m� t o W Q 0\ 0 W 0 0 \\ W 0 m r-I Ln 00 Lo C) LD LD Co Co \ w 00 4/1 N, N N N N Iq r-1 t/? N Z N = � N N j, 0 0 0 1 CO C M e-i •-I U ^ N dl Ol Q `� O d' 4- O on a Y C E cu fa -0 M 3 N to .3 5 cr W = i = Ln = 0 N N N a C : ' O al O N � � N M � o a v 0 C N M Y >, N 0 N p C O U '� i a "O m O 0 N� ON O LD U O *' :3 O w 1-1 M N a Ln m Z 0 w Q = Z O O N H Z pjf V O H Z Li 4� N LA N O a N g U> O cr Q F- V) > U a H a N O LA m Cc ci Z rn OU 4 O : N uj 4-0 ON W M m L H H u 2 00 F- lD 0 O 0 Ln O C tw m J a OW }�' v Ln ice+ LSO a V1 7 H O V = Q ice+ N W }' 4 La F_ Z O Z I�— U H i d O CL) u u p d Q _p � w Z Z LL '� :° a s 'o v c ±+ ) Q M Ov Ov Q to a w m t ra Li- Ln to a" In 3 2 TELEPHONE TELEFAX 309 - 673 -2131 309 -673 -3050 AL y 4 WHITNEY � ASSOCIATES TESTS * INVESTIGATIONS F �9 GEOTECHNICAL ENGINEERING ANALYSIS * DESIGN * EVALUATIONS c CONSULTATION * REPORTS * INSPECTIONS CONSTRUCTION QUALITY CONTROL INCORPORATED SUBSURFACE EXPLORATIONS ARBITRATION * EXPERT WITNESS TESTIMONY o 2406 West Nebraska Avenue ENVIRONMENTAL INVESTIGATIONS * * * * * * * * * * * * ** SOILS * PORTLAND CEMENT CONCRETE ` * * * ** PEORIA ILLINOIS 61604 -3193 MONITORING WELL INSTALLATIONS BITUMINOUS CONCRETE * STEEL ULS BUILT -UP ROOF INVESTIGATIONS ASPHALT * AGGREGATES * EMULSIONS WELDER CERTIFICATIONS POZZOLANIC MATERIALS * LIME INSURANCE INVESTIGATIONS January 8, 2015 Mr. Curtis J. Lynn, P.E. Maurer - Stutz, Inc. 3116 Dries Lane Suite 100 Peoria, Illinois 61604 RE: WORK PROPOSAL AND SCHEDULE OF FEES Construction Materials Testing Program Ash Street & 20th Street Improvements Section #04- 00093 -04 -RS Route FAU 6883/6893; Contract #89471 Canton, Illinois Dear Mr. Lynn: Pursuant to your request, transmitted herewith is a work proposal with an accompanying fee schedule for the above referenced project. Included in this proposal is a description of the anticipated work with our fees for these services. The necessary preparation of all reports for the IDOT QC /QA Program has been included in the unit price fee structure. All work performed by personnel from Whitney & Associates will be charged in accordance with the attached unit price fee structure. PORTLAND CEMENT CONCRETE TESTING PROGRAM WORK DESCRIPTION Level I, QC /QA Concrete Testing In the Field Including The Performance Of Slump Tests, Air Content Tests, Molding Of Test Cylinders And The Preparation Of All Documentation. (See Attached Per Diem Statement). Premium time rate beyond per diem rate for all time exceeding eight (8) hours per day all Saturdays - Level I UNIT PRICE $ 164.00 /Half -Day 266.00/Day 49.50 /Hour WHITNEY & ASSOCIATES PEORIA, ILLINOIS Ash Street & 20th Street Improvements -2- Canton, Illinois January 8, 2015 CONSTRUCTION MATERIALS INSPECTION AND TESTING PROGRAM QUANTITY WORK DESCRIPTION UNIT PRICE EXTENSON CONCRETE 40 Each Concrete unconfined compression tests $ 12.10 /Each $ 484.00 of 6" x 12" cylinders including including type- written reports. Standard 6" x 12" plastic cylinder molds. Concrete Observation and Testing at the project site as directed including molding and field curing of concrete cylinders, handling and transporting all cylinders to our testing laboratory and reports of results. A slump test, air tests, where required and temperature tests will be performed on each set of cylinders molded at the project site. SOILS Standard Proctor tests including sample preparation and the preparation of processed report of results. 7 Days Field Density Check Tests at the project site of in -.situ soils and structural fill - materials including processed reports of results. 7 Days Nuclear Density Equipment Usage Fee. Nuclear Density Equipment Usage Fee. BITUMINOUS CONCRETE 2 Days Bituminous Concrete Observation and Testing at the project site including reports of results. Bituminous Concrete Observation and Testing at the project site including reports of results. 2 Days Nuclear Density Equipment Usage Fee Nuclear Density Equipment Usage Fee 1.85 /Each 266.00 /Day 164.00/Half- Day 178.00 /Each 266.00 /Day 164.00 /Half- Day 56.00 /Day 41.00 /Half- Day 266.00 /Day 164.00 /Half- Day 1,862.00 392.00 532.00 56.00 /Day 112.00 41.00 /Half- - Day uiu �TUOV D wQQA/�IATCQ PEORIA, ILLINOIS Ash Street & 20th Street Improvements - 3 - January 8, 2015 Canton, Illinois QUANTITY WORK DESCRIPTION UNIT PRICE EXTENSON MISCELLANEOUS SERVICES Premium time in excess of eight (8) $ 49.50 /Hour $ - hours per day and all Saturdays. 9 Each Documentation including processing, 48.00 /Each 432.00 review, analysis and comments. Engineering Consultation. 82.00 /Hour - Engineering Consultation by a registered 96.00 /Hour - Professional Engineer. ESTIMATED TOTAL FEE $ 3,814.00 Should you have any questions or comments whatsoever in regard to this work proposal or fee schedule, or if any additional information is desired, do not hesitate to contact us at your convenience. Respectfully submitted, WHITNEY & ASSOCIATES SMO:rma Enclosure: Per Diem Statement Whitney & Associates General Conditions ACCEPTED AS QUOTED (BY) DATE CONTACT / SCHEDULING SUPERVISOR Scott M. Osmulski 309 -673 -2131 whitney@whitneyassociates.com %A 1LIIT4ICV 4. ACCl1!1IATC10 PEORIA, ILLINOIS TELEPHONE 309 - 673 -2131 TESTS *INVESTIGATIONS ANALYSIS * DESIGN * EVALUATIONS CONSULTATION * REPORTS * INSPECTIONS ARBITRATION * EXPERT WITNESS TESTIMONY SOILS * PORTLAND CEMENT CONCRETE BITUMINOUS CONCRETE * STEEL ASPHALT * AGGREGATES * EMULSIONS POZZOLANIC MATERIALS * LIME WHITNEY & ASSOCIATES INCORPORATED 2406 West Nebraska Avenue a PEORIA, ILLINOIS 61604 -3193 PER DIEM STATEMENT TELEFAX 309 - 673 -3050 GEOTECHNICAL ENGINEERING CONSTRUCTION QUALITY CONTROL SUBSURFACE EXPLORATIONS ENVIRONMENTAL INVESTIGATIONS * * * * # * # * #* MONITORING WELL INSTALLATIONS BUILT-UP ROOF INVESTIGATIONS WELDER CERTIFICATIONS INSURANCE INVESTIGATIONS ALL MISCELLANEOUS COSTS INCLUDING VEHICLE EXPENSES, MILEAGE, STANDARD FIELD AND LABORATORY EQUIPMENT, GENERAL SUPERVISION, SECRETARIAL SERVICES, REPORT COPYING, POSTAGE, HANDLING, E- MAILING DISTRIBUTION, OFFICE COSTS, ALL TAXES, EMPLOYEE BENEFITS, PROFESSIONAL AND GENERAL LIABILITY INSURANCE, WORKMAN'S COMPENSATION INSURANCE, OVERHEAD AND PROFIT HAVE BEEN INCLUDED IN THE PER DIEM FEES. WWITNFV R ACCACIATRS PEORIA, ILLINOIS WHITNEY & ASSOCIATES GENERAL CONDITIONS (GEOTECHNICAL AND CONSTRUCTION SERVICES) THESE STANDARD TERMS AND CONDITIONS SHALL CONTINUE IN FORCE AND EFFECT DURING AND AFTER THE COMPLETION OF WHITNEY & ASSOCIATES EMPLOYMENT AND SHALL CONTROL ANY CONFLICTING TERM OR CONDITION UNLESS WHITNEY & ASSOCIATES AGREES OTHERWISE IN WRITING. 1. PARTIES AND SCOPE OF WORK. "This Agreement' consists of Whitney & Associates (W&A) proposal, W&A's Schedule of Fees and Services, client's written acceptance thereof, if accepted by W&A, and these General Conditions. The terms contained in these General Conditions are intended to prevail over any conflicting terms in this Agreement. "Client' refers to the person or entity ordering the work to be done or professional services to be rendered by Whitney & Associates (except where distinction is necessary, either work or professional services are referred to as "services" herein). If client is ordering the services on behalf of another. client represents and warrants that client is the duly authorized agent of said party for the purpose of ordering and directing said services, and in such case the term "Ghent" shall also include the principal for whom the services are being performed Prices quoted and charged by W &A for its services are predicated on the conditions and the allocations of risks and obligations expressed in these General Conditions. Unless otherwise stated in writing, client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by client are adequate and sufficient for client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom the client transmits any report prepared by W &A. Unless otherwise expressly assigned in writing. W &A shall have no duty to any third party, and in no event shall W &A have any duty or obligation other than those duties and obligations expressly set forth in this Agreement. Ordering services from W &A shall constitute acceptance of W&A's proposal and these General Conditions. In addition, Client's acceptance of W&A's proposal and these General Conditions may be indicated by Client signing the proposal, and a facsimile copy or an electronic signature by Client shall be considered as an original signature by Client. 2. SCHEDULING OF SERVICES' The services set forth in this Agreement will be accomplished in a timely and workmanlike manner. If W&A is required to delay any part of its services to accommodate the requests or requirements of client, regulatory agencies, or other parties, or due to any cause beyond its reasonable control, client agrees to pay such additional charges, 9 any, as may be applicable. 3. ACCESS TO SITE: Client will amangs and provide such access to the site as is necessary for W &A to perform its services. W&A shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as a result of its services or the use of its equipment; however, W&A has not included in its fee the cost of restoration of damage which may occur. If client desires or requires W &A to restore the site to its former condition, W &A will, upon written request, perform such additional work as is necessary to do so and client agrees to pay to W &A the Cost thereof plus W&A's normal markup for overhead and profit. 4. CLIENTS DUTY TO NOTIFY ENGINEER: Client represents and warrants that client has advised W &A of any known or suspected hazardous materials, utility lines and underground structures at any site at which W&A is to perform services under this Agreement. S. DISCOVERY OF POLLUTANTS: W&A services shall not include investigation for hazardous substances, materials or wastes or petroleum products. Hazardous materials, substances or wastes (all cumulatively referred to herein as 'hazardous substances') includes, but is not limited lo.. any substance, waste, pollutant or contaminant, in whatever form, now or hereafter included with such terms under any federal, state or local statute, ordinance, code, ruse or regulation now existing or hereinafter enacted or amended. W&A shall not be liable for any contamination as a result or hazardous substances which may be encountered. In the event that hazardous substances are suspected by W&A, W&A's sole duty shall be to notify client and W&A has no duty to identify or attempt to identify within the project area. 6. MONITORING: If this Agreement includes testing construction materials or observing any aspect of construction of improvements, W&A will report its test results and observations as more specifically set forth elsewhere in this Agreement. Client shall Cause all tests and inspections of the site, materials and work to be timely and properly performed in accordance with the plans, specifications, contract documents, and W&A recommendations No claims for loss, damage or injury shall be brought against W&A unless all tests and inspections have been so performed and unless W &A recommendations have been followed. W&A services shall not include determining or implementing the means, . methods, techniques or procedures of work done by the contractor(s) being monitored or whose work is being tested. W &A services shall not include the authority to accept or reject work or to in any manner supervise the work of any contractor. W &A services or failure to perform same shall not in any way operate or excuse any contractor from the performance of its work in accordance with its contract. W&A services shall not include any responsibility or liability for the owner and/or contractor's site safely and/or operations of construction, including surface water management practices. "Contractor' as used herein shall include the general contractor, subcontractors, suppliers, architects, engineers and construction managers. 7. LIMITATIONS OF PROCEDURES, EQUIPMENT AND TESTS: Information obtained form borings, observations and analyses of sample materials shall be reported in formats considered appropriate by W&A unless directed otherwise by Client. Such information is considered evidence, but any inference or conclusion based thereon is, necessarily, an opinion also based on engineering judgment and shall not be construed as a representation of fact. The test report documents shall not be considered certification or guarantee that certain conditions have been met. Subsurface conditions may not be uniform throughout an entire site and ground water levels may fluctuate due to climatic and other variations. construction materials may Vary from Ine samples Taken. W &A Snail not De IlaDle for diminution of value wherein the results of the investigation and evaluation may result in decreased value of a property or project. Unless otherwise agreed in writing, the procedures employed by W &A are not designed to detect intentional concealment or misrepresentation of fact by others, W &A services are being performed solely for client's benefit and no contractor, subcontractor, supplier, fabricator manufacturer, tenant occupant, consultant, or other third party shall have any claim against W &A as a result of its services. a. SAMPLE DISPOSAL: Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will 9. TERMINATION: This Agreement may be terminated by either party upon seven days prior written notice. In the event of termination. W&A shall be compensated by client for all services performed up to and including the termination date, including reimbursable expenses. 10. PAYMENT: The firm or individual engaging W&A is responsible for payment of charges unless W &A is notified in writing, prior to the time that the charges are incurred, that the engagement is on behalf of another party. Client shall be invoiced periodically for services performed. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to in writing for valid cause within thirty (30) days at the rate of eighteen (18 %) per annum (or the maximum interest rate permitted by applicable law, whichever is the lesser) until paid and W&A costs of collection of such accounts, including court costs and reasonable attorney's fees 11. STANDARD OF CARE: W&A professional services will be performed, its findings obtained and its reports prepared in accordance with this Agreement and with generally accepted principles and practices. In performing its professional services, W &A will use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession. W&A may rely upon information supplied by the client engaging W&A, or the contractors or consultants involved, or information available from generally accepted reputable sources, without independent verification. In performing physical work in pursuit of its professional services, W&A will use that degree of care and skill ordinarily used under similar circumstances. This statement is in lieu of all other warranties or representations, either express or implied. Statements made in W &A reports are opinions based upon engineering judgment and are not to be construed as representations of fact. 12. LIMITATION OF LIABILITY: Should W&A or any of its employees be found to have been negligent in performing professional services or to have made and breached any express or implied warranty, representation or contract, client, all parties claiming through client and all parties claiming to have in any way relied upon W&A services or work agree that the maximum aggregate amount of damages for which W&A, its officers, employees and agents shall be liable is limited to $10,000 or the total amount of the fee paid to W&A for its services performed with respect to the project whichever amount is greater. In the event client is unwilling or unable to limit the damages for which W &A may be liable in accordance with the provisions set forth in the preceding paragraph, upon written request of client received within five (5) days of client's acceptance of W&A's proposal together with payment of an additional fee in the amount of 5% of W&A's estimated cost for its services (to be adjusted to 5% of the amount actually billed by W&A for its services on the project at time of completion), the limit damages shall be increased to $50;000 or the amount of W&A's fee whichever is the greater. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the exposure to an award of greater damages. 13. INDEMNITY: Subject to the provisions set forth herein, W &A and client hereby agree to indemnify and hold harmless each other and their respective shareholders, directors, officers, partners, employees, agents, subsidiaries and division (and each of their heirs, successors, and assigns) from any and all claims, demands, liabilities.. suits, causes of action, judgments, costs and expenses, including reasonable attorney's fees arising, or allegedly arising, from personal injury, including death, property damage, including loss of use thereof, due in any manner to the negligence of either of them or their agents or employees. in the event both are negligent or at fault, then any liability shall be apportioned between them pursuant to their pro rata share of negligence or fault. W&A and client further agree that their liability to any third party shall, to the extent permitted by law, be several and not joint. The indemnifies provided hereunder shall not terminate upon the termination or expiration of this Agreement 14. SUBPOENAS: W &A employees shall not be retained as expen witnesses except by separate written agreement. Client agrees to pay W &A pursuant to W &A's then current Fee Schedule for any W&A employee(s) subpoenaed by any party as an occurrence witness as a result of W &A's services. 15. OTHER AGREEMENTS: W &A shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this Agreement or any provision wherein W &A waives any rights to a mechanics lien. or any provision that conditions W &A's right to receive payment for its services upon payment to client by any third party. These General Conditions are notice, where required, that W&A shall file a lien whenever necessary to tolled past due amounts. This Agreement contains the entire understanding between the parties. Client acknowledges that no representations, warranties, undertakings or promises have been made other than and except those expressly contained herein. All understandings and agreements heretofore had among the parties respecting this transaction. are merged in this Agreement. Unless expressly accepted by W &A in writing prior to delivery of W &A's services, client shall not add any conditions other than those contained in this Agreement. W &A's offer to provide services is conditioned on client's acceptance of all the terms and conditions set forth in these General Commons without alteration or mmiticallon of any Kim the unenforceability or invalidity of any provision or provisions shall not render any other provision or provisions unenforceable or invalid. This Agreement shall be construed and enforced in accordance with the laws of the State Of Illinois. The parties hereto consent to jurisdiction and venue in an appropriate Illinois State Court in and for the County of Peoria, Peoria, Illinois, or the Federal District Court for The Mid - Central District of Illinois. Paragraph headings are for convenience only and shalt not be construed as limiting the meaning of the provisions contained in these General Conditions. U /LIITkICV 4 ACCAPHATCQ PEORIA, ILLINOIS Illinois Department of Transportation Division of Highways/ Region 3/ District 4 401 Main Street/Peoria, Illinois/61602-1111 Telephone 309/671-3333 March 9, 2015 City Motor Fuel Tax City of Canton Section: 04-00093-04-RS Improvement Resolution Ms. Diana Pavley-Rock City Clerk 2 North Main Street Canton, Illinois 61520 Dear Ms. Pavley-Rock: The resolution adopted by the City Council on February 17, 2015, appropriating $580,000.00 of Motor Fuel Tax Funds for the Ash Street and Twentieth Avenue improvements is approved. A file copy is enclosed. An authorization for $425,000.00 for contract construction, and $150,044.00 for engineering was made on this date and will show up on your next allotment letter. Sincerely, Kensil A. Garnett, P.E. Acting Deputy Director of Highways, Region Three Engineer CCB/lmh s:\gen\lrpr\projects\winword\bradle\improvement resolutions\improvresocanton04-00093-04-rs.docx Enclosures cc: Maurer-Stutz, Inc. (Attn: Mr. George Merkle) District Four Compliance Review Officer File Illinois Department Request for Expenditure/Authorization of Transportation of Motor Fuel Tax Funds For District Use Only Transaction Number Municipality City of Canton Countv Fulton Date Rd. District Checked by Section 04-00093-04-RS I hereby request authorization to expend Motor Fuel Tax Funds as indicated below. Purpose Amount ContractConstruction ............................................................................................................................... 425,000.00 Day Labor Construction ...................................................................... . .. . ..... . .................................. .. Right-of-Way(Itemized On Reverse Side)............................ ..................................... Engineering9 g...............................................................�.C..................... ........................................... 150,044.00 Maintenance Engineering ......................................................I.Gr ................ ....................................... 3 Engineering Investigations.................................. ..r.',,,.......'r OtherCategory..................................................... 4.. ....................................................................... ObligationRetirement............................................................................................................................... Maintenance.............................................................................................................................................. Co. Eng./Supt. Salary& Expenses (Period from to ) IMRFor Social Security............................................................................................................................ Interest Total $ 575,044.00 Comments Approved Date C47 2 015 Signed by 0-22DR)Date City Clerk Department of Transportation Title of Official � n Regional Engineer Printed 2/11/2015 Page 1 of 2 BLR 09150(Rev. 11/06) Illinois Department Request for Expenditure/Authorization of Transportation of Motor Fuel Tax Funds For District Use Only Transaction Number Municipality City of Canton Countv Fulton Date Rd. District Checked by Section 04-00093-04-RS I hereby request authorization to expend Motor Fuel Tax Funds as indicated below. Purpose Amount ContractConstruction ............................................................................................................................... 425,000.00 Day Labor Construction ...................... . ................ Right-of-Way(Itemized On Reverse Side)................. Engineering.......................................................... ................................... 150,044.00 Maintenance Engineering . U Engineering Investigations...........................�,....,,�...,,,.....,ci ................................................................ Other Category................................................ .... ObligationRetirement............................................................................................................................... Maintenance.............................................................................................................................................. Co. Eng./Supt. Salary& Expenses (Period from to ) IMRFor Social Security............................................................................................................................ Interest Total $ 575,044.00 Comments Date ru 2015 Approved Signed by Date City Clerk Department of Transportation Title of Official Regional En°eer Printed 2/11/2015 Page 1 of 2 BLR 09150(Rev. 11/06) Illinois Department Resolution for Improvement by of Tran O* 4,vN n Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Council of the Council or President and Board of Trustees City of Canton Illinois City,Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Ash Street FAU 6883 15 Avenue 20 Avenue 20 Avenue FAU 6893 Ash Chestnut Street i BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of resurfacing and reconstruction of the pavement on Ash Street from 15th Avenue to 20th Avenue and the widening and resurfacing of the pavement on 20th Avenue from Chestnut Street to just north of Ash Street. The work on this project consists of earthwork, pavement items, drainage improvements and other collateral work as necessary to complete the project. and shall be constructed variable width wide and be designated as Section 04-00093-04-RS 2. That there is hereby appropriated the (additional ❑ Yes ® No) sum of five hundred eighty thousand Dollars ( $580,000.00 ) 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, Specify Contract or Day Labor 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 I, Diana Pavley-Rock Clerk in and for the City of Canton City,Town or Village osng i Date County of Fulton hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees Department of Transportation at a meeting on February 17, 2015 Date IN TESTIMONY EREOF, I have hereunto set my hand and seal this 17th ay of Febr�ai° 2015 Regional Engineer EAL) City,Town,or Village Clerk Printed 2/11/2015 BLR 09111 (Rev. 11/06) Illinois Department Resolution for Improvement by of Transportation Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Council of the Council or President and Board of Trustees City of Canton Illinois City,Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Ash Street FAU 6883 15,n Avenue 20 Avenue 20 Avenue FAU 6893 Ash S% Chestnut Street 3 BE IT FURTHER RESOLVED, y' 1. That the proposed improvement shall consist of resurfacing and reconstruction of the pavement on Ash Street from 15th Avenue to 20th Avenue and the widening and resurfacing of the pavement on 20th Avenue from Chestnut Street to just north of Ash Street. The work on this project consists of earthwork, pavement items, drainage improvements and other collateral work as necessary to complete the project. and shall be constructed variable width wide and be designated as Section 04-00093-04-RS 2. That there is hereby appropriated the (additional ❑ Yes ® No) sum of five hundred eighty thousand Dollars ( $580,000.00 )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, Specify Contract or Day Labor 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 I, Diana Pavley-Rock Clerk in and for the City of Canton City,Town or Village 030915 County of Fulton hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees Department of Transportation at a meeting on February 17, 2015 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this C— _1—�.._amQ'..0 _ 17th Kd F ruary 2015 Regional Engineer own,or Village Clerk Printed 2/11/2015 BLR 09111 (Rev. 11/06) Lk-)lT� u h Minds Department Resolution for Improvement by Municipality Under the Illinois of Transportation Highway Code BE IT RESOLVED, by the Council of the Council or President and Board of Trustees City City,Town or of Canton Illinois Village that the following described street(s) be improved under the Illinois Highway Code, Name of Thoroughfare Route From To Ash Street FAU 6883-757—Avenue 201nAvenue 20,nAvenue FAU 6893 Ash Street Chestnut Street BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of resurfacing and reconstruction of the pavement on Ash Street from 15th Avenue to 20th Avenue and the widening and resurfacing of the pavement'on 20th Avenue from Chestnut Street to just north of Ash Street. The work on this project consists of earthwork, pavement items; drainage improvements and other collateral work as necessary to complete the project and shall be constructed variable width wide and be designated as Section 04-00093-04-RS 2. That there is hereby appropriated the(additional ❑ Yes ® No)sum of five hundred eighty thousand Dollars( $580,000.00 )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, Specify Contrail or Day Labor 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 I, Diana Pavley-Rock Clerk in and for the City of Canton City,Town or Village Date County of Fulton , hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees Department of Transportation at a meeting on February 17, 2015 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 17th �. day of br 2015 Regional Engineer _ — • (SEA Ail, City, n,or Village Clerk Printed 2/11/2015 BLR 09111 (Rev. 11/08) -MAR 3 0 2015xr - Illinois Department of Transport 2300 South Dirksen Parkway J Springfield, Illinois/62764 March 26, 2015 Ms. Diana Pavely-Rock City Clerk 2 North Main Street Canton, Illinois 61520 Subject: City: Canton Section: 04-00093-04-RS Project: M-5007(021) Job: C-94-070-07 Joint Agreement Dear Ms. Pavely-Rock: The department executed the subject agreement on March 25, 2015. A copy is enclosed. Sincerely, James K. Klein, P.E., S.E. Acting Engineer of Local Roads and Streets By: Gregory S. Lupton, P.E. Acting Local Project Implementation Engineer Enclosure cc: Jeffrey Fritz, Mayor Kensil Garnett Attn: Tony Sassine - District 4 Jeff South Joanne Woodworth, Attn: Project Control Timothy P. Kell, Interim Attn: Beth Killam Mins QBpaftMr Local Agency Stats Contract Day Labor Local Contract RR Force Account of ItariMortahon City of Canton X Local Agency Agreement Section Fund Type ITEP and/or SRTS Number for Federal Participation 04-00093-04-RS STU _ Com I n Erigin mring -W.Number Project Number Job Number Project Number Job Number Project Number C-94-070-07 M-5007(021) This Agreement is made and entered into between the above local agency hereinafter referred to as the"LA"and the state of Illinois, acting by and through its Department of Transportation,hereinafter referred to as"STATE`. The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans prepared by,or on behalf of the LA, approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA'. Location Local Name Ash Street/20'"Avenue Route FAU 6883/FAU 6893 Length 0.81 mi Termini Ash Street from 15'"Avenue to 20u'Avenue and 20"Avenue from Ash Street to Chestnut Street Current Jurisdiction City of Canton TIP Number - Existing Structure No N/A Project Description Improvements include drainge ditches,storm drain,sidewalk, roadway reconstruction and pavement markings. Division of Cost Type O1 Work STU % % LA % Total Participating Construction 1,275,000 ( 75 ) ( ) 425,000 ( 25 ) 1,700,000 Non-Participating Construction ( ) ( ) 3,000 ( 100 ) 3,000 Preliminary Engineering ( ) ( ) ( ) Construction Engineering ( ) ( I ( ) Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 1,275,000 $ $ 428,000 $ 1,703,000 NOTE: The costs shown In the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used In the final division of cost for billing and reimbursment. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. Local Agency Appropriation By execution of this Agreement,the LA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LA share of project costs. A copy of the resolution or ordinance is attached as an addendum. Method of Financing(State Contract Work) METHOD A--Lump Sum (80%of LA Obligation) METHOD B- Monthly Payments of due by the of each successive month, METHOD C--LA's Share $425,000 divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 1/30/2015 Page 1 of 5 BLR 05310(Rev. 10/06/14) Agreement Provisions THE LA AGREES: (1) To acquire in its name,or in the name of the state if on the state highway system,all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments,if any,will be cooperatively determined by representatives of the LA,and STATE and the FHWA,if required. (2) To provide for all utility adjustments,and to regulate the use of the right-of-way of this improvement by utilities,public and private,in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA,the completed improvement,or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain,for a minimum of 3 years after the completion of the contract,adequate books,records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department;and to provide full access to all relevant materials. Failure to maintain the books,records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books,records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement, (9) To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LA will pay to the STATE within thirty(30) calendar days of billing,in lump sum, an amount equal to 80%of the LA's estimated obligation incurred under this Agreement. The LA will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs) within thirty(30) calendar days of billing in a lump sum, upon completion of the project based upon final costs, Method 8- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE,a specified amount each month for an estimated period of months,or until 80%of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs)in a lump sum,upon completion of the project based upon final costs. Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the LA will pay to the STATE within thirty(30)calendar days of reciept,an amount equal to the LA's share of the construction cost divided by the estimated total cost,multiplied by the actual payment(appropriately adjusted for nonparticipating costs)made to the contractor until the entire obligation incurred under this Agreement has been paid. Failure to remit the payment(s)in a timely manner as required under Methods A, B,or C,shall allow the STATE to internally offset, reduce,or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LA on this or any other contract. The STATE,at its sole option, upon notice to the LA,may place the debt into the the Illinois Comptroller's Offset System (30 ILCS 105/10.05)or take such other and further action as my be required to recover the debt. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor,material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed on 1/30/2015 Page 2 of 5 BLR 05310(Rev. 10/08/14) (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation,2300 South Dlrksen Parkway, Springfield, Illinois,62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred,suspended, proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attem pting to obtain or performing a public(Federal, State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State, local)with commission of any of the offenses enumerated in item(b)of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal,State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes,in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding$100,000 in federal funds,execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any cooperative agreement, and the extension,continuation,renewal, amendment or modification of any Federal contract,grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress,in connection with this Federal contract,grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying", in accordance with its Instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts,subgrants and contracts under grants,loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment,certified time sheets,vendor invoices, vendor receipts,and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds dosed. Printed on 1/30/2015 Page 3 of 5 BLR 05310(Rev. 10/06/14) (25) (Single Audit Requirements) That if the LA expends$500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget(OMB)Circular No. A-133. LA's that expend less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE(Office of Finance and Administration,Audit Coordination Section,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 LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the System for Award Management or SAM(formerly Central Contractor Registration (CCR)),which is a web-enabled government-wide application that collects,validates,stores,and disseminates business information about the federal government's trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website:httos;l/www.sam.00v/portal/oublicISAM/#1. THE STATE AGREES: (1) To provide such guidance,assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE(and FHWA,if required)and to award a contract for construction of the proposed improvement,after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering,right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings,provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel,cement,aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) 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. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties,their successors and assigns. (4) For contracts awarded by the LA,the LA shall not discriminate on the basis of race,color, national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 28. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT—assisted contracts. The LA's DBE program,as required by 49 CFR part 26 and as approved by USDOT,is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program,the department may impose sanctions as provided for under part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). In the absence of a USDOT—approved LA DBE Program or on State awarded contracts,this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (5) In cases where the STATE is reimbursing the LA,obligations of the STATE shall cease immediately without penalty or further payment being required if,in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seg.)unless the provisions of that Act exempt its application Printed on 1/30/2015 Page 4 of 5 BLR 05310(Rev. 10/08/14) ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number f-Location Mao,Nymber 2—Local Appropriation Resolution, (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment,that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED Local Agency APPROVED State of Illinois,Department of Transportation Jeffery Fritz Name of Official (Print or Type Name) Randy Blank nhorn,Secretary of Transportation Date Mayor Title (County Board Chairperson/MayorNillage President/etc.) ^ /7 -J� l �'�'� 1 �' s 3�►9al►5 i 7/� Omer Osman,Direclor of Nbghways/Chief Engineer Date Data l William tvrearfl"es.Chief Counsel Date The above signature certifies the agency's TIN number is ` 37-6000878 conducting business as a Governmental 2 '9 Jtm pvcarcik.InteniKChlef Financial ftoer(CFO) Date Entity. DUNS Number 031963879 NOTE: If signature is by an APPOINTED official,a resolution authorizing said appointed official to execute this agreement is required. Printed on 1/30/2015 Page 5 of 5 BLR 05310(Rev. 10/08/14) Di D2 •� :w (I D4. '_ i I -�- D3 %W- r2 03 �..t� D5! D8 R4 +.. yY7. N� ■, e I r.rrY� D7 11 At��WtR J� . s I Vit i 'I tit %I a3 ! Y.0 n IASNSf-- wk w U x- `¢it'_1L�rw�ssr ; ` # it w hm st Pat �.,.. . w t04st I W"kb-y u E�ttd.,y•} t IUonU ADDENDUM 1 04-00093-04-RS a C-94-070-07 LOCATION MAP 0 I Department of Transportation Office of Highways Project Implementation1 Bureau of Construction 2300 South Dickson Parkway I Springfield,Illinois 62764 March 01, 2018 SUBJECT: Notification to Maintain Ms. Diana Pavley-Rock City of Canton 2 North Main Street Canton, IL 61520 Dear Ms. Pavley-Rock: The following contract has been satisfactorily completed and accepted by the Department of Transportation: Route: FAU 6883 FAU 6893 Contract: 89471 County: Fulton Illinois Project: M-5007/021/000 Section: 04-00093-04-RS The agreement entered into between the State of Illinois and the City of Canton details maintenance responsibilities for the completed improvement. Please refer to the agreement for this information. Sincerely, v `— Tim P. Kell, P. E. Engineer of Construction cc: Kensil Garnett Amy Eller Attn: Kyle Armstrong Maureen Kastl, Acting Bureau Chief of Local Roads and Streets Construction Finals Accountant DTGI2236:BCMR036 ILLINOIS DEPARTMENT OF TRANSPORTATION 02/26/18 08: 08:32 FINAL ACCEPTANCE OF IMPROVEMENT IMPROVEMENT FUNDED BY: FEDERAL, CITY OF CANTON TO CONTRACTOR: OTTO BAUM CO INC 866 N MAIN STREET MORTON IL 61550-0161 DESIGNATION BY DEPARTMENT OF TRANSPORTATION ROUTE: FAU 6883 FAU 6893 SECTION: 04-00093-04-RS COUNTY: 057 FULTON PROJECT: M-5007/021/000 CONTRACT: 89471 JOB: C-94-070-07 TYPE OF IMPROVEMENT: THIS PROJECT CONSISTS OF THE RECONSTRUCTION, RESURFACING AND PAVEMENT WIDENING, SIDEWALKS, PAVEMENT MARKINGS AND DRAINAGE IMPROVEMENTS ON ASH STREET FROM 15TH AVENUE AND 20TH AVENUE FROM ASH STREET TO CHESTNUT STREET IN THE CITY OF CANTON. TOTAL COST: 1,404, 583 .42 February 26, 201B THIS WORK HAS BEEN SATISFACTORILY COMPLETED IN REASONABLE CLOSE CONFORMITY WITH ALL OF THE REQUIREMENTS OF THE CONTRACT AND IS HEREBY ACCEPTED BY THE DEPARTMENT OF TRANSPORTATION. ENGINEER OF CONSTRUCTION COPIES TO: BUREAU OF PROGRAMMING TRACI SISK ENGINEER OF DESIGN & ENVIRONMENT MAUREEN M. ADDIS REGIONAL ENGINEER, DISTRICT 04 KENSIL GARNETT & DST 4 LOC RD OFFICE ENGINEER OF LOCAL ROADS MAUREEN KASTL LOCAL AGENCY OFFICIAL CITY CANTON FILE BC-107 (REV. 01/05)