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HomeMy WebLinkAboutResolution #5370 3-37D P 00 Resolution for Improvement Illinois Department Under the Illinois Highway Code of Transportation Is this project a bondable capital improvement? Resolution Type Resolution Number Section Number ® Yes ❑ No Original 22-00111-00-RP BE IT RESOLVED,by the Council of the City Governing Body Type Local Public Agency Type of Canton Illinois that the following described street(s)/road(s)/structure be improved under Name of Local Public Agency the Illinois Highway Code.Work shall be done by Contract Contract or Day Labor For Roadway/Street Improvements: Name of Street(s)/Road(s) Length Route From To (miles) Cherry Street JIL 78/9 JCurve For Structures: Name of Street(s)/Road(s) Existing Route Location Feature Crossed Structure No. BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Provide Phase II Preliminary Engineering for the reconstruction of the pavement in the City of Canton 2. That there is hereby appropriated the sum of twenty eight thousand one hunderd twelve and 50/100 Dollars( $28,112.50 )for the improvement of said section from the Local Public Agency's allotment of Motor Fuel Tax funds. BE IT FURTHER RESOLVED,that the Clerk is hereby directed to transmit four(4)certified originals of this resolution to the district office of the Department of Transportation. I,Diana Pavley-Rock City Clerk in and for said City Name of Clerk Local Public Agency Type Local Public Agency Type of Canton in the State aforesaid,and keeper of the records and files thereof,as provided by Name of Local Public Agency statute,do hereby certify the foregoing to be a true,perfect and complete original of a resolution adopted by Council of Canton at a meeting held on May 03, 2022 Governing Body Type Name of Local Public Agency Date IN TESTIMONY WHEREOF,I have hereunto set my hand and seal this 3rd day of May, 2022 Day Month,Year (SEAL) Clerk Si nature Date Approved Regional Engineer Department of Transportation Date Printed 04/22/22 Page 1 of 1 BLR 09110(Rev.05/08/20) i j Illinois Department Local Public Agency r'l�b of Transportation Engineering Services Agreement Agreement For A reement Tvpe Using Federal Funds?❑ Yes ® No MFT PE Original LOCAL PUBLIC AGENCY Local Public Agency County Section Number Job Number City of Canton Fulton 22-00111-00-RP Project Number Contact Name Phone Number Email Ron Robinson (309) 647-5022 robinson@cantoncityhall.org SECTION PROVISIONS Local Street/Road Name Ke Route Len th Structure Number Cherry Street Location Termini Add:Location From IL78/9 to Curve(Entrance to Ameren Canton Operating Center Yard) Remove Location Project Description Provide Phase II Preliminary Engineering for the reconstruction of the pavement Engineering Funding ® MFT/TBP ❑ State ❑ Other Anticipated Construction Funding ❑ Federal ® MFT/TBP ❑ State ❑ Other AGREEMENTFOR ❑ Phase I-Preliminary Engineering ® Phase II-Design Engineering CONSULTANT Consultant Firm Name Contact Name Phone Number Email Maurer-Stutz, Inc. Keith J. Plvec (309)693-7615 kjplavec@mstutz.com Address citv State Zip Code 3116 N. Dries Ln; Ste 100 Peoria IL 61604 THIS AGREEMENT IS MADE between the above Local Public Agency(LPA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the improvement of the above SECTION.Project funding allotted to the LPA by the State of Illinois under the general supervision of the State Department of Transportation,hereinafter called the"DEPARTMENT,"will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER,acting as an individual,partnership,firm or legal entity,qualifies for professional status and will be governed by professional ethics in its relationship to the LPA and the DEPARTMENT.The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used,they shall be interpreted to mean: Regional Engineer Deputy Director,Office of Highways Project Implementation,Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the construction PROJECT In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Completed04122/22 Page 1 of 10 BLR 05530(Rev.08/05/21) AGREEMENT EXHIBITS The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT: ® EXHIBIT A:Scope of Services ® EXHIBIT B: Project Schedule ® EXHIBIT C:Direct Costs Check Sheet ® EXHIBIT D:Qualification Based Selection(QBS)Checklist ® EXHIBIT E:Cost Estimate of Consultant Services Worksheet(BLR 05513 or BLR 05514) ® Location Map L` THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with the proposed improvements herein before described. 2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours.If higher-salaried personnel of the firm, including the Principal Engineer,perform services that are to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error,omissions or negligent acts without additional compensation. Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4. That the ENGINEER will comply with applicable Federal laws and regulations,State of Illinois Statutes,and the local laws or ordinances of the LPA. 5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 6. To invoice the LPA,The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called for in the AGREEMENT or any subsequent Amendment or Supplement. 7. The ENGINEER or subconsultant shall not discriminate on the basis of race,color,national origin or sex in the performance of this AGREEMENT.The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US Department of Transportation(US DOT)assisted contract. Failure by the Engineer to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 8. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LPA.The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 9. For Preliminary Engineering Contracts: (a)To attend meetings and visit the site of the proposed improvement when requested to do so by representatives of the LPA or the DEPARTMENT,as defined in Exhibit A(Scope of Services). (b)That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by the ENGINEER and affixed the ENGINEER's professional seal when such seal is required by law.Such endorsements must be made by a person,duly licensed or registered in the appropriate category by the Department of Professional Regulation of the State of Illinois. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the DEPARTMENT. (c)That the ENGINEER is qualified technically and is thoroughly conversant with the design standards and policies applicable for the PROJECT;and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated in Exhibit A(Scope of Services). 10. That the engineering services shall include all equipment,instruments,supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with this AGREEMENT(See Exhibit C). h. 'THE LPA AGREES; 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Professional Services Selection Act(50 ILCS 510)(Exhibit D). 2. To furnish the ENGINEER all presently available survey data,plans,specifications,and project information. 3. To pay the ENGINEER: (a)For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b)Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER Completed04/22/22 Page 2 of 10 BLR 05530(Rev.08/05121) shall be due and payable to the ENGINEER. (c)For Non-Federal County Projects-(605 ILCS 5/5-409) (1)For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA,monthly payments for the work performed shall be due and payable to the ENGINEER. Such payments to be equal to the value of the partially completed work in all previous partial payments made to the ENGINEER. (2)Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and STATE,a sum of money equal to the basic fee as determined in the AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: ❑ Percent ❑ Lump Sum ❑ Specific Rate ® Cost plus Fixed Fee: Fixed Total Compensation=DL+DC+OH+FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF=(0.33+R)DL+%SubDL,where R is the advertised Complexity Factor and%SubDL is 10%profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15%of the DL+OH. 5. The recipient shall not discriminate on the basis of race,color, national original or sex in the award and performance of any US DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part•26.The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts.The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement.Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT.Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 3801 et seq.). III.. IT IS MUTUALLY AGREED, 1. To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to verify the amount,recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books,records and supporting documents related to the contract shall be available for review and audit by the Auditor General, and the DEPARTMENT;the Federal Highways Administration(FHWA)or any authorized representative of the federal government,and to provide full access to all relevant materials.Failure to maintain the books,records and supporting documents required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books,records and supporting documentation are not available to support their purported disbursement. 2. That the ENGINEER shall be responsible for any all damages to property or persons out of an error,omission'and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA,the DEPARTMENT,and their officers,agents and employees from all suits,claims,actions or damages liabilities,costs or damages of any nature whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery.The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful;if the ENGINEER fails to reply to a notification;or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 3. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LPA all drawings,plats,surveys, reports,permits,agreements,soils and foundation analysis,provisions,specifications,partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the LPA.The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. Completed04/22/22 Page 3 of 10 BLR 05530(Rev.08105/21) 4. In the event that the DEPARTMENT stops payment to the LPA,the LPA may suspend work on the project.If this agreement is suspended by the LPA for more than thirty(30)calendar days,consecutive or in aggregate,over the term of this AGREEMENT, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to receipt of notice of suspension.In addition,upon the resumption of services the LPA shall compensate the ENGINEER,for expenses incurred as a result of the suspension and resumption of its services,and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 5. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein.All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 6. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA,the DEPARTMENT, and their officers,employees from all suits,claims,actions or damages liabilities,costs or damages of any nature whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy. 7. The ENGINEER and LPA certify that their respective firm or agency: (a)has not employed or retained for commission,percentage,brokerage,contingent fee or other considerations,any firm or person(other than a bona fide employee working solely for the LPA or the ENGINEER)to solicit or secure this AGREEMENT, (b)has not agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or (c)has not paid,or agreed to pay any firm,organization or person(other than a bona fide employee working solely for the LPA or the ENGINEER)any fee, contribution,donation or consideration of any kind for,or in connection with, procuring or carrying out the AGREEMENT. (d)that neither the ENGINEER nor the LPA is/are not presently debarred, suspended,proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e)has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public(Federal,State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements or receiving stolen property. (f) are not presently indicated for or otherwise criminally or civilly charged by a government entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph and (g)has not within a three-year period preceding this AGREEMENT had one or more public transaction(Federal, State, local)terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this clarification,an explanation shall be attached to this AGREEMENT. 8. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either party.Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date. Examples of unforeseen causes included but are not limited to:acts of God or a public enemy;acts of the LPA, DEPARTMENT, or other approving party not resulting from the ENGINEER's unacceptable services;fire;strikes;and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE,the ENGINEER shall apply in writing to the LPA for an extension of time. If approved,the PROJECT SCHEDULE shall be revised accordingly. 9. This certification is required by the Drug Free Workplace Act(30 ILCS 580).The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including,but not limited to suspension of contract on grant payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one(1)year but not more than(5)years. For the purpose of this certification,"grantee"or"Contractor"means a corporation,partnership or an entity with twenty-five(25) or more employees at the time of issuing the grant or a department,division or other unit thereof,directly responsible for the specific performance under contract or grant of$5,000 or more from the DEPARTMENT,as defined the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a)Publishing a statement: (1)Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance,including cannabis,is prohibited in the grantee's or contractor's workplace. (2)Specifying actions that will be taken against employees for violations of such prohibition. (3)Notifying the employee that,as a condition of employment on such contract or grant,the employee will: (a)abide by the terms of the statement;and (b)notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than(5)days after such conviction. (b)Establishing a drug free awareness program to inform employees about: (1)The dangers of drug abuse in the workplace; Completed04/22/22 Page 4 of 10 BLR 05530(Rev.08/05/21) (2)The grantee's or contractor's policy to maintain a drug free workplace; (3)Any available drug counseling,rehabilitation and employee assistance program;and (4)The penalties that may be imposed upon an employee for drug violations. (c)Providing a copy'of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d)Notifying the contracting,or granting agency within ten(10)days after receiving notice under part(b)of paragraph (3)of subsection(a)above from an employee or otherwise,receiving actual notice of such conviction. (e)Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program. (f)Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, the ENGINEER, LPA and the Department agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B.Time is of the essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the ENGINEER for future projects.The ENGINEER will submit progress reports with each invoice showing work that was completed during the last reporting period and work they expect to accomplish during the following period. 10. _ Due to the physical location of the project,certain work classifications may be subject to the Prevailing Wage Act(820 ILCS 130/0.01 at seq.). 11. For Preliminary Engineering Contracts: (a)That tracing,plans,specifications,estimates,maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches, charts,CAD files, related electronic files,and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request to the LPA or to the DEPARTMENT,without restriction or limitation as to their use.Any re-use of these documents without the ENGINEER involvement shall be at the LPA's sole risk and will not impose liability upon the ENGINEER. (b)That all reports,plans,estimates and special provisions furnished by the ENGINEER shall conform to the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Manual or any other applicable requirements of the DEPARTMENT,it being understood that all such furnished documents shall be approved by the LPA and the DEPARTMENT before final acceptance. During the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. AGREEMENT SUMMARY.',,' , Prime Consultant I TIN/FEIN/SS Number Agreement Amount Maurer-Stutz, Inc. 27-1013849 $28,112.50 Subconsultants TIN/FEIN/SS Number Agreement Amount Subconsultant Total Prime Consultant Total $28,112.50 Total for all work $28,112.50 Add Subconsultant AGREEMENT SIGNATURES Executed by the LPA: Local Public Agency Type Name of Local Public Agency Attest: The City I of Canton B Si nature&Date B (Signature&Date Name of Local Public A enc Local Public Agency Type Title Canton City lClerk Mayor (SEAL) I i Completed04/22/22 Page 5 of 10 BLR 05530(Rev.08/05/21) I Executed by the ENGINEER: Consultant Firm Name Attest: Maurer-Stutz, Inc. B Si nature&Date B (Signature&Date Title Title Senior Project Engineer I Principal APPROVED: Regional Engineer, Department of Transportation(Signature&Date Completed04/22/22 Page 6 of 10 BLR 05530(Rev.08/05/21) i Local Public Agency County Section Number City of Canton Fulton 22-00111-00-RP EXHIBIT_A'. = ;. . COPE OF SERVICES'-: To perform or be responsible for the performance of the engineering services for the LPA,in connection with the PROJECT herein before described and enumerated below Complete roadway survey Make/complete general and detailed plans, special provisions, proposal and estimate of cost. Assist the LPA in the tabulation and interpretation of the contractor's proposals and prepare needed contracts. Completed04/22/22 Page 7 of 10 BLR 05530(Rev.08105/21) i Local Public Agency County Section Number City of Canton Fulton 22-00111-00-RP EXHIBIT B. PROJECT SCHEDULE Project Begins: May 15, 2022 Complete PS&E: December 1, 2022 Anticipated Letting Date: December 15, 2022 Project Completion Date: January 15, 2023 Completed04/22/22 Page 8 of 10 BLR 05530(Rev.08/05/21) i Local Public Agency County Section Number City of Canton Fulton 22-00111-00-RP Exhibit C' Direct Costs Check,Sheet List ALL direct costs required for this project.Those not listed on the form will not be eligible for reimbursement by the LPA on this project. Item Allowable Quantity Contract Rate Total Lodging Actual cost ❑(per GOVERNOR'S TRAVEL CONTROL BOARD) (Up to slate rate maximum) Lodging Taxes and Fees Actual Cost ❑(per GOVERNOR'S TRAVEL CONTROL BOARD) ❑Air Fare Coach rate,actual cost,requires minimum two weeks' notice,with prior IDOT approval ❑Vehicle Mileage Up to state rate maximum (per GOVERNOR'S TRAVEL CONTROL BOARD) ®Vehicle Owned or Leased $32.50/half day(4 hours or less)or$65/full day 1 $65.00 $65.00 ❑Vehicle Rental Actual cost(Up to$55/day) Tolls Actual cost ❑ Parking Actual cost ❑Overtime Premium portion(Submit supporting documentation) ❑Shift Differential Actual cost(Based on firm's policy) ❑Overnight Delivery/Postage/Courier Service Actual cost(Submit supporting documentation) ❑Copies of Deliverables/Mylars(In-house) Actual cost(Submit supporting documentation) ❑Copies of Deliverables/Mylars(Outside) Actual cost(Submit supporting documentation) Project Specific Insurance Actual Cost Monuments(Permanent) Actual Cost ❑Photo Processing Actual Cost ❑2-Way Radio(Survey or Phase III Only) Actual Cost ❑Telephone Usage(Traffic System Monitoring Only) Actual Cost ®CADD Actual cost(Max$15/hour) 70 $12.75 $892.50 ❑Web Site Actual cost(Submit supporting documentation) ❑Advertisements Actual cost(Submit supporting documentation) ❑Public Meeting Facility Rental Actual cost(Submit supporting documentation) ❑Public Meeting Exhibits/Renderings&Equipment Actual cost(Submit supporting documentation) ❑Recording Fees Actual Cost ❑Transcriptions(specific to project) Actual Cost ❑Courthouse Fees Actual Cost ❑Storm Sewer Cleaning and Televising Actual cost(Requires 2-3 quotes with IDOT approval) ❑Traffic Control and Protection Actual cost(Requires 2-3 quotes with IDOT approval) ❑Aerial Photography and Mapping Actual cost(Requires 2-3 quotes with IDOT approval) ❑Utility Exploratory Trenching Actual cost(Requires 2-3 quotes with IDOT approval) ❑Testing of Soil Samples Actual Cost Lab Services Actual Cost(Provide breakdown of each cost) ❑Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) El El Total Direct Costs $957,50 Completed04/22/22 Page 9 of 10 BLR 05530(Rev.08/05/21) I Local Public Agency County Section Number City of Canton Fulton 22-00111-00-RP Exhibit D Qualification Based.Seiection-(QBS)Checklist The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed. Under the threshold, QBS requirements do not apply.The threshold is adjusted annually. If the value is under the threshold with federal funds being used,federal small purchase guidelines must be followed. ❑ Form Not Applicable(engineering services less than the threshold) Items 1-13 are required when using federal funds and QBS process is applicable.Items 14-16 are required when using State funds and the QBS process is applicable. No Yes 1 Do the written QBS policies and procedures discuss the initial administration(procurement,management ❑ ❑ and administration)concerning engineering and design related consultant services? 2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and ❑ ❑ specifically Section 5-5.06(a)of the BLRS Manual? 3 lWas the scope of services for this project clearly defined? ❑ ❑ 4 Was public notice given for this project? ❑ ❑ 5 Do the written QBS policies and procedures cover conflicts of interest? ❑ ❑ 6 Do the written QBS policies and procedures use covered methods of verification for suspension and ❑ ❑ debarment? 7 Do the written QBS policies and procedures discuss the methods of evaluation? ❑ ❑ Project Criteria Weighting _d Add 8 Do the written QBS policies and procedures discuss the method of selection? El ❑ Selection committee titles for this pro6ect Top three consultants ranked for this project in order 1 2 3 9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑ ❑ 10 Were negotiations for this project performed in accordance with federal requirements. ❑ ❑ 11 Were acceptable costs for this project verified? ❑ ❑ 12 Do the written QBS policies and procedures cover review and approving for payment,before forwarding ❑ ❑ the request for reimbursement to IDOT for further review and approval? Do the written QBS policies and procedures cover ongoing and finalizing administration of the project 13 (monitoring,evaluation,closing-out a contract, records retention,responsibility,remedies to violations or ❑ ❑ breaches to a contract,and resolution of disputes)? 14 QBS according to State requirements used? ❑ 15 Existing relationship used in lieu of QBS process? ❑ 16 LPA is a home rule community(Exempt from QBS). ® ❑ Completed04/22/22 Page 10 of 10 BLR 05530(Rev.08105/211) Illinois Department of Transportation Office of Highways Project Implementation /Region 3/District 4 401 Main Street/Peoria, Illinois 61602-1111 May 24, 2022 Ms. Diana Pavley-Rock, City Clerk C of Canton_ -_ 2 North Main Street Canton, Illinois 61520 Municipal—Motor Fuel Tax (MFT) Funds City of Canton Section No.: 22-00111-00-RP Cherry Street (IL 78/9 to curve) Improvement Resolution Dear Ms. Pavley-Rock: The Resolution for Improvement Under the Illinois Highway Code (BLR 09110) adopted by the City Council of Canton on May 3, 2022, appropriating $28,112.50 of MFT funds for this section was approved on May 23, 2022. This resolution provides for Preliminary Engineering for the reconstruction of the pavement on Cherry Street in the City of Canton. *NOTE: Approval of this resolution does not authorize expenditure of MFT Funds. Proper documentation must be received by our office prior to paying any bills out of the MFT account. If you have any questions, please contact Mr. Simon Alwan at (309) 671-3694. Sincerely, Kensil A. Garnett, P.E. Region Three Engineer SJA/jjs s:\gen\winword\blrs\stafflalwan\transmittals&letters\improv.resolutions\canton.22-00111-00-rp impry res.docx Attachment cc: Mr. George Merkle, Maurer-Stutz File 00 Illinois Department Resolution for Improvement o of Transportation Under the Illinois Highway Code Is this project a bondable capital improvement? Resolution Type Resolution Number Section Number ® Yes ❑ No Original 1 1122-00111-00- BE IT RESOLVED,by the Council of the City Governing Body Type Local Public Agency Type of Canton Illinois that the following described street(s)/road(s)/structure be improved under Name of Local Public Agency the Illinois Highway Code.Work shall be done by Contract Contract or Day Labor For Roadway/Street Improvements: Name of Street(s)/Road(s) Length Route From To (miles) Cherry Street IL 78/9 Curve For Structures: Name of Street(s)/Road(s) Existing Route Location Feature Crossed Structure No. BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Provide Phase II Preliminary Engineering for the reconstruction of the pavement in the City of Canton 2. That there is hereby appropriated the sum of twenty eight thousand one hunderd twelve and 50/100 Dollars( $28,112.50 )for the improvement of said section from the Local Public Agency's allotment of Motor Fuel Tax funds. BE IT FURTHER RESOLVED,that the Clerk is hereby directed to transmit four(4)certified originals of this resolution to the district office of the Department of Transportation. I, Diana Pavley-Rock City Clerk in and for said City Name of Clerk Local Public Agency Type Local Public Agency Type of Canton in the State aforesaid,and keeper of the records and files thereof,as provided by Name of Local Public Agency statute,do hereby certify the foregoing to be a true, perfect and complete original of a resolution adopted by Council - of Canton at a meeting held on May 03, 2022 Governing Body Type Name of Local Public Agency Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 3rd day of May, 2022 Day Month,Year t(.SEAQnz Clerk Si ature Date Approved Regional Engineer Department of Transportation Date (� Z Printed 04/15/22 Page 1 of 1 BLR 09110(Rev.05/08/20) 00 Illinois Department Resolution for Improvement of Transportation Under the Illinois Highway Code Is this project a bondable capital improvement? Resolution Type Resolution Number Section Number ® Yes ❑ No Original 22-00111-00-RP BE IT RESOLVED, by the Council of the City Governing Body Type Local Public Agency Type of Canton Illinois that the following described street(s)/road(s)/structure be improved under Name of Local Public Agency the Illinois Highway Code.Work shall be done by Contract Contract or Day Labor For Roadway/Street Improvements: Name of Street(s)/Road(s) Length Route From To (miles) Cherry Street IL 78/9 Curve For Structures: Name of Street(s)/Road(s) Existing Route Location Feature Crossed Structure No. BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Provide Phase II Preliminary Engineering for the reconstruction of the pavement in the City of Canton 2. That there is hereby appropriated the sum of twenty eight thousand one hunderd twelve and 50/100 Dollars( $28,112.50 )for the improvement of said section from the Local Public Agency's allotment of Motor Fuel Tax funds. BE IT FURTHER RESOLVED,that the Clerk is hereby directed to transmit four(4)certified originals of this resolution to the district office of the Department of Transportation. I, Diana Pavley-Rock City Clerk in and for said City Name of Clerk Local Public Agency Type Local Public Agency Type of Canton in the State aforesaid,and keeper of the records and files thereof,as provided by Name of Local Public Agency statute,do hereby certify the foregoing to be a true, perfect and complete original of a resolution adopted by Council of Canton at a meeting held on May 03, 2022 Governing Body Type Name of Local Public Agency Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 3rd day of May, 2022 Day Month,Year (SE'AL')` Clerk SiqnatuFe Date Approved Regional Engineer - Department of Transportation Date LZ. Printed 04/15/22 Page 1 of 1 BLR 09110(Rev.05/08/20) 9' ' K Illinois Department of Transportation Office of Highways Project Implementation /Region 3/District 4 -401 Main Street/Peoria,Illinois 61602-1111 May 31, 2022 Ms.'Diana Pavley_Rock, City Clerk City of Canton _ 2 North Main Street Canton, Illinois 61520 Municipal—Motor Fuel Tax (MFT) City of Canton Section No.: 22-00111-00-RP Cherry Street Preliminary Engineering Agreement Dear Ms. Pavley-Rock: The Local Public Agency Engineering Services'Agreement(BLR 05530)for Preliminary Engineering executed May 3, 2022, between the City of Canton and Maurer-Stutz, Inc. to be performed in connection with the improvement of the above section is approved. *NOTE: Approval of this agreement does not authorize expenditure of MFT funds. Proper documentation must be received by our office prior to paying any bills out of the MFT account. If you have any questions, please contact Mr. Simon Alwan at (309) 671-3694. Sincerely, _ Kensil A. Garnett, P.E. Region Three Engineer SJA/jjs s:\gen\winword\blrs\staff\alwan\transmittals&letters\agreements\agmnt_canton_22-00111-00-rp_pe.docx Attachment cc: Mr. George Merkle, Maurer-Stutz File i A r, Illinois Department Local Public Agency Ego of Transportation Engineering Services Agreement Agreement For A reement T e Using Federal Funds?❑ Yes ® No MFT PE Original :. ._LOCAL PUBLIC,AGENCY Local Public Agency County ~ Section Number Job Number City of Canton Fulton 22-00111-00-RP Project Number Contact Name Phone Number Email Ron Robinson (309) 647-5022 robinson@cantoncityhall.org SECTION PROVISIONS Local Street/Road Name Key Route Lenten t� Structure Number Cherry Street Location Termini Add Location From IL78/9 to Curve(Entrance to Ameren Canton Operating Center Yard) Remove Location Project Description Provide Phase II Preliminary Engineering for the reconstruction of the pavement Engineering Funding ® MFT/TBP ❑ State ❑ Other Anticipated Construction Funding ❑ Federal ® MFT/TBP ❑ State ❑ Other AGREEMENT FOR ❑ Phase I-Preliminary Engineering ® Phase II-Design Engineering CONSULTANT.—__ Consultant Firm Name Contact Name Phone Number Email Maurer-Stutz, Inc. Keith J. Plvec (309) 693-7615 kjplavec@mstutz.com Address Ci State Zi Code 3116 N. Dries Ln; Ste 100 Peoria IL 1161604 THIS AGREEMENT IS MADE between the above Local Public Agency(LPA) and Consultant(ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT,"will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER, acting as an individual, partnership,firm or legal entity;qualifies for professional status and will be governed by professional ethics in its relationship to the LPA and the DEPARTMENT.The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used,they shall be interpreted to mean: Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of Transportation Resident Construction-Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the construction PROJECT In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Completed04/14/22 Page 1 of 10 BLR 05530(Rev.08/05/21) r —r---- �----------- AGREEMENT.EXHIBITS, The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT: Z EXHIBIT A: Scope ofServices N EXHIBIT B: Project Schedule EXHIBIT C: Direct Costs Check Sheet EXHIBIT D: Qualification Based Selection (OBG) Checklist EXHIBIT E: Cost Estimate of Consultant Services Worksheet(BLR 05513 or BLR 05514 Location Map El 1. To perform or be responsible for the peri�_rim­an&��f i�_e__Scope of Services presented in EXHIBIT A for the LPA in connection with the proposed improvements herein before described. 2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours. |f higher-salaried personnel ofthe firm, including the Principal Engineer, perform services that are tobe performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation. Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4. That the ENGINEER will comply with applicable Federal laws and regulations,State of Illinois Statutes, and the local laws or ordinances of the LPA. 5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 8. To invoice the LPA,The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called for in the AGREEMENT or any subsequent Amendment orSupplement. 7. The ENGINEER or subconsultant shall not discriminate on the basis of race, color,national origin or sex in the performance of this AGREEMENT.The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US Department of Transportation(US DOT) assisted contract. Failure by the Engineer to carry out these requirements ioomaterial breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. D. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LPA.The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. Q. For Preliminary Engineering Contracts: (a)To attend meetings and visit the site of the proposed improvement when requested to do so by representatives of the LPA or the DEPARTK8ENT, on defined in Exhibit (Scope of Services). (b)That all plans and other documents furnished by the ENGINEER pursuant tu the AGREEMENT will be endorsed by the ENGINEER and affixed the ENGINEER's professional seal when such seal is required by law. Such endorsements must be made by a person, duly licensed or registered in the appropriate category by the Department of Professional Regulation of the State of Illinois. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the DEPARTMENT. (c)That the ENGINEER is qualified technically and is thoroughly conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated in Exhibit A(Scope of Services). 10. That1haenginearingnamiuenohoUindudooUequipment. inotrumento.oupp|iou.tnonuportationandpnmonna|mquiedtoperfbnn the duties of the ENGINEER in connection with this AGREEMENT(See Exhibit C). :U. THE LRA AGREES, 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Professional Services Selection Act(50|LCS 510) (ExhibitD). 2. Tn furnish the ENGINEER all presently available survey data, p|ano,npecificationo, and project information. 3. To pay the ENGINEER: (a) For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b) Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER cump/ateumx14m2 Page ovf10 aLRoa000(nev.oum5/21) ' S shall be due and payable to the ENGINEER. (c) For Non-Federal County Projects-(605 ILCS 5/5-409) (1) For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER. Such payments to be equal to the value of the partially completed work in all previous partial payments made to the ENGINEER. (2) Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and STATE, a sum of money equal to the basic fee as determined in the AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: ❑ Percent ❑ Lump Sum ❑ Specific Rate ® Cost plus Fixed Fee: Fixed Total Compensation=DL+DC+OH +FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF= (0.33+R) DL+%SubDL,where R is the advertised Complexity Factor and%SubDL is 10%profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15%of the DL+OH. 5. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts.The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 3801 et seq.). !Ill.' . IT-IS MUTUALLY AGREED; i 1. To maintain,for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General, and the DEPARTMENT;the Federal Highways Administration (FHWA)or any authorized representative of the federal government, and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 2. That the ENGINEER shall be responsible for any all damages to property or persons out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA,the DEPARTMENT, and their officers, agents and employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery.The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 3. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits,agreements,soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the LPA.The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. Completed04/14/22 Page 3 of 10 BLR 05530(Rev.08/05/21) i 4. In the event that the DEPARTMENT stops payment to the LPA,the LPA may suspend work on the project. If this agreement is suspended by the LPA for more than thirty(30) calendar days, consecutive or in aggregate, over the term of this AGREEMENT, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to receipt of notice of suspension. In addition, upon the resumption of services the LPA shall compensate the ENGINEER,for expenses incurred as a result of the suspension and resumption of its services, and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 5. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein.All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 6. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA,the DEPARTMENT, and their officers, employees from all suits, claims,actions or damages liabilities, costs or damages of any nature whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy. 7. The ENGINEER and LPA certify that their respective firm or agency: (a) has not employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person(other than a bona fide employee working solely for the LPA or the ENGINEER)to solicit or secure this AGREEMENT, (b) has not agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or (c) has not paid, or agreed to pay any firm, organization or person(other than a bona fide employee working solely for the LPA or the ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. (d)that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e) has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public(Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property. (f) are not presently indicated for or otherwise criminally or civilly charged by a government entity(Federal, State, or local)with commission of any of the offenses enumerated in paragraph and (g) has not within a three-year period preceding this AGREEMENT had one or more public transaction (Federal, State, local)terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this clarification, an explanation shall be attached to this AGREEMENT. 8. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either party.Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date. Examples of unforeseen causes included but are not limited to: acts of God or a public enemy; acts of the LPA, DEPARTMENT, or other approving party not resulting from the ENGINEER's unacceptable services;fire; strikes; and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE,the ENGINEER shall apply in writing to the LPA for an extension of time. If approved,the PROJECT SCHEDULE shall be revised accordingly. 9. This certification is required by the Drug Free Workplace Act(30 ILCS 580).The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to suspension of contract on grant payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one(1)year but not more than (5)years. For the purpose of this certification,"grantee"or"Contractor"means a corporation, partnership or an entity with twenty-five(25) or more employees at the time of issuing the grant or a department,division or other unit thereof, directly responsible for the specific performance under contract or grant of$5,000 or more from the DEPARTMENT, as defined the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (a)abide by the terms of the statement; and (b)notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than (5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1)The dangers of drug abuse in the workplace; Completed04/14/22 Page 4 of 10 BLR 05530(Rev.08/05/21) ' 4 (2)The grantee's or contractor's policy to maintain a drug free workplace; (3)Any available drug counseling, rehabilitation and employee assistance program; and (4)The penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting, or granting agency within ten (10) days after receiving notice under part(b) of paragraph (3)of subsection (a)above from an employee or otherwise, receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program. (f)Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, the ENGINEER, LPA and the Department agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B.Time is of the essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the ENGINEER for future projects.The ENGINEER will submit progress reports with each invoice showing work that was completed during the last reporting period and work they expect to accomplish during the following period. 10. Due to the physical location of the project, certain work classifications may be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.). 11. For Preliminary Engineering Contracts: (a)That tracing, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches, charts, CADD files, related electronic files, and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request to the LPA or to the DEPARTMENT,without restriction or limitation as to their use.Any re-use of these documents without the ENGINEER involvement shall be at the LPA's sole risk and will not impose liability upon the ENGINEER. (b)That all reports, plans, estimates and special provisions furnished by the ENGINEER shall conform to the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Manual or any other applicable requirements of the DEPARTMENT, it being understood that all such furnished documents shall be approved by the LPA and the DEPARTMENT before final acceptance. During the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. AGREEMENT SUMMARY Prime Consultant TIN/FEIN/SS Number Agreement Amount Maurer-Stutz, Inc. 27-1013849 $28,112.50 Subconsultants TIN/FEIN/SS Number Agreement Amount Subconsultant Total Prime Consultant Total $28,112.50 Total for all work $28,112.50 `'Add Subconsultanf' , AGREEMENT SIGNATURES :. Executed by the LPA: Local Public Agency Type Name of Local Public Agency Attest: The City of Canton B Sin re&D to B Si nature&Date � V, Name of Local Public Agency Local Public Agency Type Title Canton City Clerk Mayor •(SEAL);, Completed04/14/22 Page 5 of 10 BLR 05530(Rev.08/05/21) L 1 Executed by the ENGINEER: Consultant Firm Name Attest: Maurer-Stutz, Inc. BV(Siqnature&Date B Si nature&Date f -2D22 -1 Y 2z Tie Tit Senior Project Engineer Principal APPROVED: Re ional En ineer Department of Transportation (Signature&Date r z Completed04/14/22 Page 6 of 10 BLR 05530(Rev.08/05/21) Local Public Agency County Section Number City of Canton Fulton 22-00111-00-RP EXHIBIT A. I v b _ SCOPE O_F SERVIC_ES. - I To perform or be responsible for the performance of the engineering services for the LPA,in connection with the PROJECT herein before described and enumerated below Complete roadway survey Make/complete general and detailed plans, special provisions, proposal and estimate of cost. Assist the LPA in the tabulation and interpretation of the contractor's proposals and prepare needed contracts. Completed04/14/22 Page 7 of 10 BLR 05530(Rev.08/05/21) ` � \ Completeuo4/14/2o Page ov[10 aLmosauu(mevou0e/21) ti Local Public Agency Count Section Number City of Canton FUJton 22-00111-00-RP Exhibit C Direct Costs Check Sheet _ List ALL direct costs required for this project.Those not listed on the form will not be eligible for reimbursement by the LPA on this project. Item Allowable Quantity Contract Rate Total Lodging Actual cost ❑ (per GOVERNOR'S TRAVEL CONTROL BOARD) (Up to state rate maximum) Lodging Taxes and Fees Actual Cost ❑ (per GOVERNOR'S TRAVEL CONTROL BOARD) ❑Air Fare Coach rate,actual cost,requires minimum two weeks' notice,with prior IDOT approval Vehicle Mileage Up to state rate maximum ❑ (per GOVERNOR'S TRAVEL CONTROL BOARD) ®Vehicle Owned or Leased $32.50/half day(4 hours or less)or$65/full day 1 $65.00 $65.00 ❑Vehicle Rental Actual cost(Up to$55/day) ❑Tolls Actual cost ❑ Parking Actual cost ❑Overtime Premium portion(Submit supporting documentation) ❑ Shift Differential Actual cost(Based on firm's policy) ❑ Overnight Delivery/Postage/Courier Service Actual cost(Submit supporting documentation) ❑ Copies of Deliverables/Mylars(In-house) Actual cost(Submit supporting documentation) ❑ Copies of Deliverables/Mylars(Outside) Actual cost(Submit supporting documentation) ❑ Project Specific Insurance Actual Cost ❑ Monuments(Permanent) Actual Cost ❑ Photo Processing Actual Cost ❑2-Way Radio(Survey or Phase III Only) Actual Cost ❑Telephone Usage(Traffic System Monitoring Only) Actual Cost ® CADD Actual cost(Max$15/hour) 70 $12.75 $892.50 ❑Web Site Actual cost(Submit supporting documentation) ❑Advertisements Actual cost(Submit supporting documentation) Public Meeting Facility Rental Actual cost(Submit supporting documentation) ❑ Public Meeting Exhibits/Renderings&Equipment Actual cost(Submit supporting documentation) ❑ Recording Fees Actual Cost ❑Transcriptions(specific to project) Actual Cost ❑ Courthouse Fees Actual Cost ❑ Storm Sewer Cleaning and Televising Actual cost(Requires 2-3 quotes with IDOT approval) ❑Traffic Control and Protection Actual cost(Requires 2-3 quotes with IDOT approval) ❑Aerial Photography and Mapping Actual cost(Requires 2-3 quotes with IDOT approval) ❑ Utility Exploratory Trenching Actual cost(Requires 2-3 quotes with IDOT approval) ❑Testing of Soil Samples Actual Cost ❑ Lab Services Actual Cost(Provide breakdown of each cost) ❑ Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) El El El Total Direct Costs $957.50 Completed04/14/22 Page 9 of 10 BLR 05530(Rev.08/05/21) Local Public Agency Count Section Number City of Canton Fulton 22-00111-00-RP Exhibit D el Qualification Based Section(QBS)Checklist The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed. Under the threshold, QBS requirements do not apply.The threshold is adjusted annually. If the value is under the threshold with federal funds being used,federal small purchase guidelines must be followed. ❑ Form Not Applicable (engineering services less than the threshold) Items 1-13 are required when using federal funds and QBS process is applicable.Items 14-16 are required when using State funds and the QBS process is applicable. No Yes 1 Do the written QBS policies and procedures discuss the initial administration (procurement, management El Eland administration) concerning engineering and design related consultant services? 2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and specifically Section 5-5.06(e) of the BLRS Manual? ❑ El 3 Was the scope of services for this project clearly defined? ❑ ❑ 4 lWas public notice given for this project? ❑ ❑ 5 Do the written QBS policies and procedures cover conflicts of interest? ❑ ❑ Do the written QBS policies and procedures use covered methods of verification for suspension and 6 debarment? ❑ ❑ 7 Do the written QBS policies and procedures discuss the methods of evaluation? ❑ El Project Criteria Weighting add 8 Do the written QBS policies and procedures discuss the method of selection? ❑ ❑ Selection committee titles for this project Top three consultants ranked for this project in order 1 2 3 9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑ ❑ 10 Were negotiations for this project performed in accordance with federal requirements. ❑ ❑ 11 Were acceptable costs for this project verified? ❑ ❑ 12 Do the written QBS policies and procedures cover review and approving for payment, before forwarding ❑ ❑ the request for reimbursement to [DOT for further review and approval? Do the written QBS policies and procedures cover ongoing and finalizing administration of the project 13 (monitoring, evaluation,closing-out a contract, records retention, responsibility, remedies to violations or ❑ ❑ breaches to a contract, and resolution of disputes)? 14 QBS according to State requirements used? ❑ 15 Existing relationship used in lieu of QBS process? ❑ 16 LPA is a home rule community(Exempt from QBS). ® ❑ Completed04/14/22 Page 10 of 10 BLR 05530(Rev.08/05/21) EXHIBIT E Illinois Department COST ESTIMATE OF CONSULTANT SERVICES WORKSHEET of Transportation FIXED RAISE r Local Public Agency County Section Number Cit of Canton° ; Fulton ,, 22=00'11" Consultant (Firm) Name Prepared By Date Maurer-Stutz, Inc. I Joebrge,8'. Merkle 3/31/202Z, PAYROLL ESCALATION TABLE CONTRACT TERM 8 MONTHS OVERHEAD RATE 160.73% START DATE ' 5/15/2022 COMPLEXITY FACTOR RAISE DATE 7/1/2022 %OF RAISE±JA END DATE 1/14/2023 ESCALATION PER YEAR % of Year First Date Last Date Months Contract 0 5/15/2022 7/1/2022 2 25.00% 1 7/2/2022 1/1/2023 6 76.50% The total escalation = 1.50% BLR 05514(Rev. 04/30/21) Payroll Escalation Printed 4/14/2022 12:43 PM Page 1 of 1 Local Public Agency County Section Number City of Canton Fulton 22-00111-00-RP MAXIMUM PAYROLL RATE 78.00 ESCALATION FACTOR 1.50% PAYROLL RATES Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE PE VII $60.00 $60.90 PE VI . 51'.501 $52.27 PE V 40.671 $41.28 PE IV 34.171 $34.68 SE VI 50.001 $50.75 PLS VII $45.001 45.68 ENGR IV 33.501 $34.00 ENGR II $29.00 -$29.44 SC/DES TECH V : 30.251 $30.70 TECH V $30.00 $30.45 TECH IV $21.25 $21.57 TECH II $21.00 $21.32 TECH'I $19.50 $19.79 } BLR 05514 (Rev. 04/30/21) Payroll Rates Printed 5/20/2022 9:11 AM Page 1 of 1 Local Public Agency County Section Number City of Canton Fulton 22-00111-00-RP COST ESTIMATE WORKSHEET Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise OVERHEAD RATEI 160.73% COMPLEXITY FACTOR 0 TASK STAFF HOURS PAYROLL OVERHEAD&FRINGE DIRECT COSTS FIXED FEE SERVICES BY TOTAL %OF GRAND BENEFITS OTHERS TOTAL Road Survey&Exist ROW and PL, 31 979 1,574 103 323 2,979 10.60% Roadway Design-Phase II 179 7,972 12,813 854 2,631 24,270 86.33% Administration&Management 4 196 315 65 576 2.05% Quality Assurrance 2 98 157 32 287 1.02% Subconsultant DL 0 - TOTALS 2161 9,2451 14,859 1 957 3,051 - 28,112 100.00% 24,104 BLR 05514(Rev. 04/30/21) Cost Estimate Worksheet Printed 4/14/2022 12:44 PM Page 1 of 1 Local Public Agency County Section Number City of Canton I Fulton 22-00111-00-RP AVERAGE HOURLY PROJECT RATES Exhibit E Cost Estimate of Consultants Services Worksheet Fixed Raise SHEET 1 OF 1 Road Survey&Exist ROW Roadway Design-Phase Administration& PAYROLL AVG TOTAL PROJ.RATES and PL II Management QualityAssurrance HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg PEVI 52.27 67.0 31.02% 16.21 64 35.75% 18.69 2 50.00% 26.14 1 50.00% 26.14 PE V 41.28 5.0 2.31% 0.96 5 2.79% 1.15 PE IV 34.68 55.0 25.46% 8.83 55- 30.73% 10.66 PLS VII 45.68 65.0 30.09% 13.74 7, 22.58% 10.31 55 30.73% 14.03 2 50.00% 22.84 1 50.00% 22.84 SC/DES TECH V 30.70 8.0 3.70% 1.14 8 25.81% 7.92 TECH V 30.45 8.0 3.70% 1.13 8 25.81% 7.86 TECH 11 21.32 8.0 3.70% 0.79 8 25.81% 5.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTALS -T 216.0 100% $42.80 31.0 1 100.00% 1$31.601 179.0 100% $44.53 4.0 100% $48.97 2.0 100% $48.97 0.0 0% $0.00 BLR 05514(Rev. 04/30/21) Printed 4/14/2022 12:44 PM Page 1 of 1 Avg Hourly 1 PROJECT LOCATION MAP City of Canton, Fulton County Cherry Street Section 22-001111-00-RP LOCATION .•.e�.+ � t� � ��+�-.�{ r�r}},,''"^..�}}�'tJi�''i`,,{{,,'w� *4 5.�:1:.}err --I LST Lj -- ---- 3435 78 [:,,A> AL JY yT4.T �y, IX W OAK :':Vi'�,r�'+`.' -✓, fr • "`},.. +x e• l,Y,`ti,. i J�'�•I:.�e.r•'r' '':h•-'e,7`; • ��`t{rr :, 'ti �'�r •S�•'-fy�•'�`':�:• � Sfi�rs:}��r�}•_f C, r }�,5 (� y�r• '}:�jr� �� '.•R1•{}�}s.L�rFs E!4 i 1'�.w ' .t}, ..�1 l•J rYC•�1•J t,�.y `.• HER RY ; �•: •'`c; .;:�•t;�• ;,�� FAP LINN 7 ''ham{ }�`?C�`'rrrC'r.• •:i+:%' - �t5�� T11 f N". f Y{ �J 1 '�'ri`�i'r'• i f,��Y v Illinois Local Public Agency Q�� of 'portation Engineering Services Agreement Agreement For Aqreement Ty Using Federal Funds?[l You Z No LOCAL PUBLIC' GENCY-' Local Public Agency County Section Number Job Number icity of Canton Fulton 00- Promect Number Contact Name Phone Number Email Local Street/Road Name Key Route L th Structure Number lCherry Street Location Termini From IL78/9 to Curve(Entrance to Ameren Canton Operating Center Yard) Rdm�V6-L ocAti6n Project Description Provide Phase 11 Preliminary Engineering for the reconstruction of the pavement Engineering Funding Z MFT/TBP E] State 0 Other [� ��a�| �� �F��P [� State [� OtherAnU�pn�dCono�uoUunFunding �� �~ �� �� ENT FOR'. Fj Phooe |-PndiminoryEnginaehng Z Phase U'Design Engineering 7777 Consultant(Firm) Name Contact Name Phone Number Email Address City state Zi Code THIS AGREEMENT IS MADE between the above Local Public Agency(LPA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT,"will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER, acting 000n individual, partnership,firm or legal entity, qualifies for professional status and will be governed byprofenouna ethics in its relationship to the LPA and the DEPARTMENT.The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used,they shall be interpreted to mean: Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the construction PROJECT |n Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies bn which the construction contract was awarded Comp|eteuo4/1*mu Page 1vf10 aLRossuo(nev.uomsm1) AGREEMENT,EXHIBITS The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT: ® EXHIBIT A: Scope of Services ® EXHIBIT B: Project Schedule ® EXHIBIT C: Direct Costs Check Sheet ® EXHIBIT D: Qualification Based Selection (QBS) Checklist ® EXHIBIT E: Cost Estimate of Consultant Services Worksheet(BLR 05513 or BLR 05514) ® Location Map El El _ 1. To perform or be responsible�for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with the proposed improvements herein before described. 2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation. Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes, and the local laws or ordinances of the LPA. 5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 6. To invoice the LPA,The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called -for in the AGREEMENT or any subsequent Amendment or Supplement. 7. The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of this AGREEMENT.The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US Department of Transportation (US DOT)assisted contract. Failure by the Engineer to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 8. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LPA.The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 9. For Preliminary Engineering Contracts: (a)To attend meetings and visit the site of the proposed improvement when requested to do so by representatives of the LPA or the DEPARTMENT, as defined in Exhibit A(Scope of Services). (b)That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by the ENGINEER and affixed the ENGINEER's professional seal when such seal is required by law.Such endorsements must be made by a person, duly licensed or registered in the appropriate category by the Department of Professional Regulation of the State of Illinois. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the DEPARTMENT. (c)That the ENGINEER is qualified technically and is thoroughly conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated in Exhibit A(Scope of Services). 10. That the engineering services shall include all equipment, instruments, supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with this AGREEMENT(See Exhibit C). ill. THE LPA AGREES, i 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Professional Services Selection Act(50 ILCS 510) (Exhibit D). 2. To furnish the ENGINEER all presently available survey data, plans,specifications, and project information. 3. To pay the ENGINEER: (a) For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b) Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER Completed04/14/22 Page 2 of 10 BLR 05530(Rev.08/05/21) 2 t. shall be due and payable to the ENGINEER. (c) For Non-Federal County Projects-(605 ILCS 5/5-409) (1) For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER. Such payments to be equal to the value of the partially completed work in all previous partial payments made to the ENGINEER. (2) Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and STATE, a sum of money equal to the basic fee as determined in the AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: ❑ Percent ❑ Lump Sum ❑ Specific Rate ® Cost plus Fixed Fee: Fixed Total Compensation= DL+DC+OH+ FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF=(0.33+ R) DL+%SubDL,where R is the advertised Complexity Factor and%SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15%of the DL+OH. 5. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 3801 et seq.). {III. IT IS MUTUALLY AGREED, 1. To maintain,for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General, and the DEPARTMENT;the Federal Highways Administration (FHWA) or any authorized representative of the federal government, and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 2. That the ENGINEER shall be responsible for any all damages to property or persons out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA,the DEPARTMENT, and their officers,agents and employees from all suits, claims,actions or damages liabilities,costs or damages of any nature whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery.The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 3. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LPA all drawings, plats,surveys, reports, permits, agreements,soils and foundation analysis, provisions,specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the LPA.The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. Completed04/14/22 Page 3 of 10 BLR 05530(Rev.08/05/21) 4. In the event that the DEPARTMENT stops payment to the LPA,the LPA may suspend work on the project. If this agreement is suspended by the LPA for more than thirty(30)calendar days, consecutive or in aggregate, over the term of this AGREEMENT, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to receipt of notice of suspension. In addition, upon the resumption of services the LPA shall compensate the ENGINEER,for expenses incurred as a result of the suspension and resumption of its services, and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 5. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein.All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 6. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA,the DEPARTMENT, and their officers, employees from all suits,claims,actions or damages liabilities, costs or damages of any nature whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy. 7. The ENGINEER and LPA certify that their respective firm or agency: (a)has not employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for the LPA or the ENGINEER)to solicit or secure this AGREEMENT, (b) has not agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or (c) has not paid, or agreed to pay any firm, organization or person(other than a bona fide employee working solely for the LPA or the ENGINEER)any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. (d)that neither the ENGINEER nor the LPA is/are not presently debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e)has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public(Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property. (f) are not presently indicated for or otherwise criminally or civilly charged by a government entity(Federal, State, or local)with commission of any of the offenses enumerated in paragraph and (g) has not within a three-year period preceding this AGREEMENT had one or more public transaction (Federal, State, local)terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this clarification, an explanation shall be attached to this AGREEMENT. 8. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either party.Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date. Examples of unforeseen causes included but are not limited to: acts of God or a public enemy; acts of the LPA, DEPARTMENT,or other approving party not resulting from the ENGINEER's unacceptable services;fire;strikes; and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE,the ENGINEER shall apply in writing to the LPA for an extension of time. If approved,the PROJECT SCHEDULE shall be revised accordingly. 9. This certification is required by the Drug Free Workplace Act(30 ILCS 580).The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to suspension of contract on grant payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one(1)year but not more than (5)years. For the purpose of this certification,"grantee"or"Contractor"means a corporation, partnership or an entity with twenty-five(25) or more employees at the time of issuing the grant or a department,division or other unit thereof, directly responsible for the specific performance under contract or grant of$5,000 or more from the DEPARTMENT, as defined the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture,distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2)Specifying actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (a)abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1)The dangers of drug abuse in the workplace; Completed04/14/22 Page 4 of 10 BLR 05530(Rev.08/05/21) (2)The grantee's or contractor's policy to maintain a drug free workplace; (3)Any available drug counseling, rehabilitation and employee assistance program; and (4)The penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting,or granting agency within ten (10)days after receiving notice under part(b)of paragraph (3)of subsection (a) above from an employee or otherwise, receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program. (f)Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, the ENGINEER, LPA and the Department agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B.Time is of the essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the ENGINEER for future projects.The ENGINEER will submit progress reports with each invoice showing work that was completed during the last reporting period and work they expect to accomplish during the following period. 10. Due to the physical location of the project, certain work classifications may be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.). 11. For Preliminary Engineering Contracts: (a)That tracing, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches, charts, CADD files, related electronic files, and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request to the LPA or to the DEPARTMENT,without restriction or limitation as to their use.Any re-use of these documents without the ENGINEER involvement shall be at the LPA's sole risk and will not impose liability upon the ENGINEER. (b)That all reports, plans, estimates and special provisions furnished by the ENGINEER shall conform to the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Manual or any other applicable requirements of the DEPARTMENT, it being understood that all such furnished documents shall be approved by the LPA and the DEPARTMENT before final acceptance. During the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. AGREEMENT SUMMARY Prime Consultant TIN/FEIN/SS Number Agreement Amount Maurer-Stutz, Inc. 27-1013849 $28,112.50 Subconsultants TIN/FEIN/SS Number Agreement Amount Subconsultant Total Prime Consultant Total $28,112.50 Total for all work $28,112.50 Add Subconsultanf AGREEMENTSIGNATURES _. _..._____... Executed by the LPA: Local Public Agency Type Name of Local Public Agency Attest: The City of Canton By(Sivabom&Dale)- B Si nature&Date _ A^ l / Name of Local Public Agency Local Public Agency Type Title [Canton City Clerk Mayor i 8EAL)' Completed04/14/22 = - Page 5 of 10 BLR 05530(Rev.08105/21) Executed by the ENGINEER: Consultant Firm Name Attest: Maurer-Stutz, Inc. B (Signature&Date B (Signature&Date Titl �Pi�rinipal Senior Project Engineer APPROVED: Re ional Engineer, Department of Transportation (Signature&Date t Completed04/14/22 Page 6 of 10 BLR 05530(Rev:08/05/21) Local Public Agency County Section Number City of Canton Fulton 22-00111-00-RP - f i EXHIBIT A 1 To perform or be responsible for the performance of the engineering services for the LPA,in connection with the PROJECT herein before described and enumerated below Complete roadway survey Make/complete general and detailed plans, special provisions, proposal and estimate of cost. Assist the LPA in the tabulation and interpretation of the contractor's proposals and prepare needed contracts. Completed04/14/22 Page 7 of 10 BLR 05530'(Rev.08/05/21) Local Public Agency County Section Number ICity of Canton Fulton 1122-00111-00-RP EXHIBITS. 1' OROJECTSC L Project Begins: May 15, 2022 Complete PS&E: December 1, 2022 Anticipated Letting Date: December 15, 2022 Project Completion Date: January 15, 2023 Completed 04/14/22 Page 8 of 10 BLR 05530(Rev.08/05/21) � S Local Public Agency Coun Section Number City of Canton Fulton 22-00111-00-RP - Direct Costs Check Sheets List ALL direct costs required for this project.Those not listed on the form will not be eligible for reimbursement by the LPA on this project. Item Allowable Quantity Contract Rate Total El (per Actual cost (per GOVERNOR'S TRAVEL CONTROL BOARD) (Up to state rate maximum) Lodging Taxes and Fees Actual Cost ❑ (per GOVERNOR'S TRAVEL CONTROL BOARD) ❑Air Fare Coach rate,actual cost,requires minimum two weeks' notice,with prior IDOT approval Vehicle Mileage Up to state rate maximum ❑ (per GOVERNOR'S TRAVEL CONTROL BOARD) ®Vehicle Owned or Leased $32.50/half day(4 hours or less)or$65/full day 1 1 $65.00 $65.00 ❑Vehicle Rental Actual cost(Up to$55/day) ❑Tolls Actual cost ❑ Parking Actual cost ❑ Overtime Premium portion(Submit supporting documentation) ❑ Shift Differential Actual cost(Based on firm's policy) ❑ Overnight Delivery/Postage/Courier Service Actual cost(Submit supporting documentation) ❑I Copies of Deliverables/Mylars(In-house) Actual cost(Submit supporting documentation) ❑ Copies of Deliverables/Mylars(Outside) Actual cost(Submit supporting documentation) ❑ Project Specific Insurance Actual Cost ❑ Monuments(Permanent) Actual Cost ❑ Photo Processing Actual Cost ❑2-Way Radio(Survey or Phase III Only) Actual Cost ❑Telephone Usage(Traffic System Monitoring Only) Actual Cost ® CADD Actual cost(Max$15/hour) 70 $12.75 $892.50 ❑Web Site Actual cost(Submit supporting documentation) ❑Advertisements Actual cost(Submit supporting documentation) ❑I Public Meeting Facility Rental Actual cost(Submit supporting documentation) ❑ Public Meeting Exhibits/Renderings&Equipment Actual cost(Submit supporting documentation) ❑ Recording Fees Actual Cost ❑Transcriptions(specific to project) Actual Cost ❑ Courthouse Fees Actual Cost ❑Storm Sewer Cleaning and Televising Actual cost(Requires 2-3 quotes with IDOT approval) ❑Traffic Control and Protection Actual cost(Requires 2-3 quotes with IDOT approval) ❑Aerial Photography and Mapping Actual cost(Requires 2-3 quotes with[DOT approval) ❑ Utility Exploratory Trenching Actual cost(Requires 2-3 quotes with[DOT approval) ❑Testing of Soil Samples Actual Cost ❑ Lab Services Actual Cost(Provide breakdown of each cost) ❑ Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) El El El Ell F Total Direct Costs $957.50 Completed04/14/22 Page 9 of 10 BLR 05530(Rev.08/05/21) Local Public Agency County Section Number City of Canton _11Fulton 22-00111-00-RP Qualification Based Selection(QBS).Checklist..>The4LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed. Under the threshold, QBS requirements do not apply.The threshold is adjusted annually. If the value is under the threshold with federal funds being used,federal small purchase guidelines must be followed. ❑ Form Not Applicable(engineering services less than the threshold) Items 1-13 are required when using federal funds and QBS process is applicable.Items 14-16 are required when using State funds and the QBS process is applicable. No Yes 1 Do the written QBS policies and procedures discuss the initial administration(procurement, management ❑ ❑ and administration)concerning engineering and design related consultant services? Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and ❑ El specifically Section 5-5.06 (e)of the BLRS Manual? 3 Was the scope of services for this project clearly defined? ❑ ❑ 4 lWas public notice given for this project? ❑ ❑ 5 Do the written QBS policies and procedures cover conflicts of interest? ❑ ❑ Do the written QBS policies and procedures use covered methods of verification for suspension and ❑ ❑ 6 debarment? 7 Do the written QBS policies and procedures discuss the methods of evaluation? ❑ ❑ Project Criteria Weighting Add 8 Do the written QBS policies and procedures discuss the method of selection? ❑ ❑ Selection committee titles for this project Top three consultants ranked for this project in order 1 2 3 9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑ ❑ 10 Were negotiations for this project performed in accordance with federal requirements. ❑ ❑ 11 Were acceptable costs for this project verified? ❑ ❑ 12 Do the written QBS policies and procedures cover review and approving for payment, before forwarding ❑ ❑ the request for reimbursement to IDOT for further review and approval? Do the written QBS policies and procedures cover ongoing and finalizing administration of the project 13 (monitoring, evaluation,closing-out a contract, records retention, responsibility, remedies to violations or ❑ ❑ breaches to a contract, and resolution of disputes)? 14 QBS according to State requirements used? ❑ 15 Existing relationship used in lieu of QBS process? ❑ 16 LPA is a home rule community(Exempt from QBS). ® ❑ Completed 04/14/22 Page 10 of 10 BLR 05530(Rev.08/05/21) EXHIBIT E Illinois Department COST ESTIMATE OF CONSULTANT SERVICES WORKSHEET of Transportation FIXED RAISE Local Public Agency County Section Number C ity,of Canton Fulton ' 2200.1"11=00=RP Consultant (Firm) Name . Prepared By Date Maurer-Stutz' Inca Merkle..' ?''.... `. -: ,:: 3/31/20220: ,.: ::::..:. ::. All PAYROLL ESCALATION TABLE CONTRACT TERM 8 . ° :: MONTHS OVERHEAD RATE .w :160131/61 START DATE 5/15/2022 COMPLEXITY FACTOR 0 RAISE DATE ',',7/1/2022 %OF RAISE 2.00% END DATE 1/14/2023 ESCALATION PER YEAR % of Year First Date Last Date Months Contract 0 5/15/2022 7/1/2022 2 25.00% 1 7/2/2022 1/1/2023 6 76.50% The total escalation = 1.50% BLR 05514(Rev. 04/30/21) Payroll Escalation Printed 4/14/2022 12:43 PM Page 1 of 1 Local Public A enc Count Section Number Cit of Canton Fulton 22-00111-00-RP MAXIMUM PAYROLL RATE 78.00 ESCALATION FACTORI 1.50% PAYROLL RATES Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE PE VII $60.00 $60.90 PE VI $51.50 PE V $52.27 PE IV $40.67 $41.28 SE VI . $34.17 $34.68 $50.00 $50.75 PLS VII $45.00 $45.68 ENGR IV $33.50 $34.00 ENGR II $29.00 $29.44 SC/DES TECH V $30.25 $30.70 TECH V , . $30.00 $30.45 TECH,IV $21.25 $21.57 TECH II $21.00 $21.32 TECH 1 `$19.50 $19.79 BLR 05514 (Rev. 04/30/21) Payroll Rates Printed 5/20/2022 9:11 AM Page 1 of 1 Local Public Agency County Section Number Cit of Canton Fulton 22-00111-00-RP COST ESTIMATE WORKSHEET Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise OVERHEAD RATEI 160.73% COMPLEXITY FACTOR 0 TASK STAFF HOURS PAYROLL OVERHEAD&FRINGE DIRECT COSTS FIXED FEE SERVICES BY TOTAL %OF GRAND BENEFITS OTHERS TOTAL Road$urvey.8'Exisf R01N;:and;PL : .:, 31 979 1,574 .." �103 323 •: - 2,979 10.60% Roadway;Design--Phase ll'.,:•: ` ""•:: 179 7,972 12,813 $54 2,631 "" .;': 24,270 86.33% Administration&Management. 4 196 315 65 576 2.05% Quality,Assurrance, .- 2 98 157 32 287 1.02% - - - S t Subconsultant DL 0 - TOTALS 1 2161 9,2451 14,8591 9571 3,0511 28,112 100.00% 24,104 BLR 05514(Rev. 04/30/21) Cost Estimate Worksheet Printed 4/14/2022 12:44 PM Pagel of 1 Local Public Agency County Section Number City of Canton I Fulton 22-00111-00-RP AVERAGE HOURLY PROJECT RATES Exhibit E Cost Estimate of Consultants Services Worksheet Fixed Raise SHEET 1 OF 1 Road Survey&Exist ROW Roadway Design-Phase Administration& PAYROLL AVG TOTAL PROJ.RATES and PL II Management Quality Assurrance HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg PEVI 52.27 67.0 31.02% 16.21 64. 35.75% 18.69 2, 50.00% 26.14 1 50.00% 26.14 PE V 41.28 5.0 2.31% 0.96 5." 2.79% 1.15 PE IV 34.68 55.0 25.46% 8.83 55, 30.73% 10.66 PLS VI 45.68 65.0 30.09% 13.74 7 22.58% 10.31 55 30.73% 14.03 2 50.00% 22.84 1 50.00% 22.84 SC/DES TECH V 30.70 8.0 3.70% 1.14 8 25.81% 7.92 TECH V 30.45 8.0 3.70% 1.13 8, 25.81% 7.86 TECH 11 21.32 8.0 3.70% 0.79 8'r 25.81% 5.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTALS 216.0 100% $42.80 31.0 100.00% $31.60 179.0 100% $44.53 4.0 100% o 0 $48.97 2.0 100% $48.97 0.0 0/o $0.00 BLR 05514(Rev. 04/30/21) Printed 4/14/2022 12:44 PM Page 1 of 1 Avg Hourly 1 PROJECT LOCATION MAP City of Canton, Fulton County Cherry Street Section 22-001111-00-RP LOCATION ,r.. � � r•r+-,�,JY•�: "i�ttis•dl•.irr♦ fii'f?�•s`tirptii Q26 34.3 5 78 OT . T L..is. 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