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HomeMy WebLinkAboutRESOLUTION - 30-73 - 3/27/1973 - TRAFFIC SIGNAL/PRATT/GREENLEAF/ELMHURSTResolution Mo. 30--i, STATE 0 ' ILLYNOli Construction ��gg �-.s ry, �-.,ex.. ••,<'a,� M F C rtys ,yx,r] )'i^` Il t. •• PA •j { A '41' l5.knFimn > G 6¢.z a 'asv r.Y r + t:';. ✓ �� GL l�1'u iuu�t"a.�.I Y BE IT RESOLVED, by of the Council o: 1':.:JJcnt m.d Ecard cf 'Pmn[cn Illinois City, Town, or Vi111,e that the following described slreet(s) he improved trader the Illinois Mi hway Cote: Name of Thoroughfare Si: ect er .:ct: to From To ElmhurstP,d. S.A. 13 Traffic S_ignals_@ Pratt Blvd. _ Elmhurst Rd. S.A. 13 Traffic Signals 0 Greenleaf Ave. BE IT FURTHER RESOLVED, 1. That the proposed improvement consist ofTraffic signal construction-, design engineerin , 9, — material testing, and construction supervision__ wide and shall be designated as Section —C.S. 2. That there is hereby appropriated the sum of__ Forty-Ei ght Thousand and Flo/100 ----------------- -- --- -------------------------------------- ------_Dollars ($ 48,000.00 for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That said work shall be clone by Contract� ; and, (Sped[y Contmet or Day Labnr) BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Public Works and Buildings, Division of Highways. 19_. Dept. of 1',tb)'c Work, e.nd iii DlvWon of lilghwaya Platrtct 6ngin"r Mrs. Village --- (City, Town, or Vdlage) inandforthe—_ Village_ _oL Elk Grove Village (City, Town, or Village) County of Cook _, hereby certify the foregoing to be a true, peilect and complete copy of a resolution adopted by the President and Board of Trusteesat a meeting on (Covndl or Pr (dent and Uoard of Trustee,) March 27, 19 73 IN TESTIMONY WIIEREOF, I have hereunto set my hand and seal this 27th _-dctyoLMa r c e A.D. 19__73. (SEAL) — (CI:Y, Town, Vlilage) for(41.R 411 (Nor. 3.nS) AGIR -=TT FOR EN.GUTEERING SERVICES COVERING PRELIZMURY ENG-11=11iG AND CONSZIUCTION E\GUTFu,tl' 1t1G THIS AGREE�LENT, made and entered into this day of , 19 , by and. between ALSTOT & 11ARCH, INC. whose address is 605 East Algonquin Road, Arlington Heights, Illinois 60005 hereinafter called the "Engineer", and the Public Agency of Village of Elk Grove Village , State of Illinois, hereinafter called the "Public Agency" covers certain professional engineering services in connection with the proposed improvement designated as Section _, which improvement will be financed entirely or in part with Motor Fuel Tax funds allotted to the Public Agency by the State of Illinois and constructed under the general supervision of the Department of Public Works and 'Buildings, Division of Highways, hereinafter called the "Division of Highways" WITNESSETH THAT, in consideration of these premises and of the mutual covenants herein set forth, THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the following engineering services indicated by check marks for the Public Agency in connection with the proposed improvement hereinbefore described: (X) a. Make such detailed surveys as are necessary for the prepara- tion of detailed plans. ( ) b. Make or cause to be made such soil surveys or subsurface in- vestigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of.the proposed improvement. Such investigations to be made in accordance wits the current requirements of the Division of Highways. (X) c. Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. (X) d. Make complete general and detailed plans, special provisions, proposals, and estimates of cost and furnish the Public Agency with five (5) copie=s of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required, s1zall be furnished to the Public Agency by the Engineer at his actual cost for reproduction. ALR M -634C Page 1 of 7 Rev. 10-10-6T (NOTE: Four conlo to beaSubmitted to the Diatrict Engineer, 6h y' ) e. Furnish the Pub., -c Agency with drafts in quadruj,.icate of all necessary right-of-way dedications, construction easements, and borrow pit and channel change agreements including prints of the corresponding plats. (X) f. Assist the Public Agency in the receipt and evaluation of proposals and the awarding of the construction contract. W g. Furnish construction guidance. Construction guidance shall include: 1. Consultation on interpretation of plans and specifica- tions and and changes under consideration as construe - tion proceeds. 2. .Periodical job -site inspection by the Engineer, or his representatives, as construction progresses. 3. Reviewing and checking all payment estimates, change orders, records, and reports required by the Division of Highways. 4. Safeguarding the Public Agency against defects and de- ficiencies on the part of the contractor, but the Engi- neer does not guarantee the performance of the contract by the contractor. 5. Conducting final inspection of construction and prepara- tion of final papers and reports. 6. Revision of contract drawings to show location and nature of improvement as actually constructed. 7. Inspection of the contractor's operations to insure compliance with the plans and specifications and the keeping of complete project records. 8. Checking all shop and working drawings. 9. Reviewing and checking EL11 reports by testing labora- tories on equipment and material tested. (X) h. Furnish.or cause to be furnished: 1. Proportioning and testing of concrete mixtures in accord- ance with the "Manual of Instructions for Concrete Propor- tioning Engineers" issued by the Bureau of Materials, of the Division of Highways, and promptly submit reports on forms prepared by said Bureau. 2. Proportioning and testing of bituminous mixtures (includ- ing extraction test in accordance with the "manual of BLR M-6340 Page 2 of 7 Rev. 10-10-67 2. Instructions for Bituminous Proportioning Engineers" issued by the Bureau of Materials, of the Division of Highways, and promptly submit reports on forms pre- pared by said Bureau. 3. All compaction tests as required by the specifications and report promptly the same on forms prepared by the Bureau of 1.iaterials.. 4. Running sieve analyses on local gravel or crushed stone to see that they comply with the specifications con- tained in the contract. 5. Furnish inspection of all materials when inspection is not provided at the sources by the Bureau of Materials of the Division of Highways, and submit inspection re- ports to the Public Agency and the Division of Highways in accordance with the policies of the said Division of Highways. (X) i. Furnish a resident engineer, inspectors, and other technical -personnel. The number of such inspectors and other technical personnel required shalll be subject to the approval of the Public Agency. Their duties shall include but not be limited to the following: 1. Setting of lines and. grades as construction proceeds. 2. Continuous inspection of the work for compliance with plans and specifications as construction proceeds. 3. Keeping a daily record or log of the contractor's activities throughout construction including notations on the nature and cost of any extra work. 4. Supervision of inspectors, proportioning engineers and other technical personnel. 5. Preparation and submission for the Public Agency, in the required number of copies, all payment estimates, change orders, records; and reports required by the Division of Highways. 2. That all reports, plans, plats, and special provisions to be furnished by the Engineer pursuant to this agreement will be in accordance with the current standard specifications and policies of the Division of Highways, it being understood that all such reports, plats, plans and drafts, shall before being finally accepted, be subject to approval by the Public Agency and the said Division of Highways. ti 3. To attend conferences to be held at the request of the Public Agency in addi- tion to normal visits for supervision purposes and visit the site of and inspect the work at any reasonable time when requested to do so by the Public Agency or represen- tatives of the Division of Highways. BLR M -634c Page 3 of 7 Rev. 10-10-67 4. The basic survey notes. ind sketches, charts, ccrputati.,ns and other data pr -^pared or obtained by the Engineer pursuant to this agreement will be made available, upon request, to the Public Agency or the Division of Highways without cost and without restriction or limitations as to their use:. 5. To make such changes in working plans, including all necessary preliminary surveys and investigations, as may be required after the award of the construction contract and during the construction of the improvement. 6. That all plans and other documents furnished by the Engineer pursuant to this agreement will be endorsed by him and will. show his professional seal where such is required by law., 7. To submit, upon request by the Pvblic Agency or the Division of Highways a list of the personnel and the equipment he proposes to use in fulfilling the require- ments of this agreement. 8. During the performance.of work under this agreement the,Engineer, for himself, his assignees and successors in interest agrees to conform to the requirements of the "Special Provision for Fair Employment Practices" attached hereto and made a part hereof. The words "contract" and "contractor" in the special provision shall be interpreted to mean "agreement" and "Engineer" respectively. THE PUBLIC AGENCY AGREES, 1. That, except for the services stipulated in paragraphs lb, lc, le, lg, lh and li and payment as provided in items 4, 5 and 6 below, to pay the Engineer as compensa- tion for all services indicated or provided in this agreement as follows: A sum of money equal to the percentage of the construction cost based on the following schedule, "construction cost" being defined as all costs of the improvement except right- of-way and engineering costs. MW1211111• Total Cost of Construction BASED ON CONSTRUCTION COST Percentage Fees First $20,000 . . . . . ... . . . .. . 11.20 Next $30,000 . . . . . . . . . . . . 8.68 P Next $50,000 . . . . . . . . . . . . 7.28 Next $100,000 . . . . . . . . . . . 6.27 , Next $300,000 . . . . . . . . . . . 5.71 a Next $500,000 . . . . . . . . . . . 5.05 Next $1,000,000 . . . . . . . . . . 4.59 n Next $3,000,000 . . . . . . . . . . 4.37 All Over $5,000,000 . . . . . . . . . . 4.26 2. That payments due the Engineer for services rendered pursuant to this Agreement will be made as soon as practicable after the services have been performed, in accord- ance with the following schedule: a. Upon cemnletion of detailed plans, special provisions, proposals and estivate of cost to the satisfaction of the Public Agency and the Division of Highways, 90 per cent of the estimated fee based on the above'schedule and the approved estimated cost. BLE m -634c Page '� of 7 Rev. 10-70 b. Upon award and approval of the contract for the improvement by the Public Agency and the Division of Highways, 100 per cent of the total fee, based on the above schedule and the awarded contract cost, less any amoua-: paid under "a" above, plus 100 per cent of the fee for furnishing the services described in para- graphs lb, lc, and le, which payment shall be considered final payment for services la throu;�h If. c. Upon completion of the construction of the improvement, 90 per cent of the fee due for services stipulated in paragraphs lg, 1h and li, less any amounts previously paid. d. Upon completion of all final reports required by the Public Agency and the Division of Hi€;hways, 100 per cent of the total fees due under this agreement less any amounts previously paid. e. Should a portion of the improvement be abandoned after the award of the construction contract, the engineering fee on the abandoned portion shall be the: awarded cost of the abandoned portion times the fee percentage computed in accordance with the schedule set forth in paragraph 1 above - using the total awarded contract price as a basis. By mutual agreement, partial payments, not to exceed 90 per cent of the amount earned, may be made from time to time as the work progresses. 3. To pay for the services stipulated in paragraphs lb, le, le, lg, 1h and li at the hourly rates stipulated below for personnel assigned to this Section as payment in full to the Engineer for the actual time: spent in provdding these services - the hourly rates to include profit, overhead, readiness to serve, insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the Engineer at his actual cost. Subject to the approval of the Public Agency, the Engineer may sublet all or part of the services provided under paragraphs lb, lc and lh. If the Engineer sublets all or a part of this work, the Public Agency will pay,tbe cost to the Engineer plus mer cent to cover readiness to serve. "Cost to Engineer" to be verified by furnishing the Public.Agency and the Division of Highways copies of in- voices from the party doing the work. Grade Classification of Employee 'Hourly Rate Engineer Chief of Party 14.50 Instrument Nan 13.50 _ Rodmen 12.00 Inspectors -70.00 Senior EnoinPer 21.00 Senior Draftsman X3.25 Draftsman — 12.00 4. That, should the improvement be abandoned at any time after the Engineer has BLR m -634c Page 5 of 7 Rev. 10-10-67 performed any part of the services provided for in paragraphs 1a and Id, and prior to the completion of such services, the Public Agency shall .reimburse the Engineer for his actual costs plus 15 per cent incurred up to the time tie is notified in writing of such abandonment - "actual cost" being defined as material costs plus actual payrolls, insurance, social security and retirement deductions. Traveling and other out-of- pocket expense will be reimbursed to the Engineer at his actual cost. 5. That, should the Public Agency require changes in any of the detailed plans, specifications, or estimates after they have been approved, the Public Agency will pay the Engineer for such changes on the basis of actual cost plus 15 per cent to cover profit, overhead, and readiness to serve - "actual cos::" being defined as in paragraph 4 above. It is understood that "changes" as used in this paragraph shall in noway re- lieve the Engineer of his responsibility to prepare a.complete and adequate set of plans. 6. That, should the Public Agency extend completion of the improvement beyond the time limit given in the contract, the Public Agency will pay the Engineer, in addition to the fees provided herein, his actual cos -,;s incurred beyond such.time limit - "actual cost" being defined as in paragraph 4 above. IT IS I=ALLY AGREED, 1. That any difference between the Engineer and the'Public Agency concerning the interpretation of the provisions of this agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Public Agency and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This agreement may be terminated by the Public Agency upon giving notice in writing to the Engineer at his last known post office address. Upon such termination, the Engineer shall cause to be delivered to the Public Agency all drawings, specifica- tions, partial and completed estimates, and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material be- comes the property of the Public Agency. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 5 of THE FUBLIC AGE17CY AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the Public Agency, the Public Agency will pay the Engineer the balance of the engineering fee due to make 100 per cent of the total fees due under this agreement, based on the estimate of cost as prepared by the Engineer and approved by the Public Agency and the Division of Highways. 4. That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract, and that he has not paid or agreed to pay any company or per- son, other -than a bona fide employee working solely for the Engineer, any fee, commis- sion, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty the Public Agency shall have the right to annul this contract without liability. BLR m -634c Page 6 of 7 Rev. 10-10-67 IN WITIUESS WHEREOF, the parties have caused this agreement to be executed in quadruplicate counterparts, each of whic7i eball be considered as an original by their duly authorized officers as of the dates below indicated. Executed by the Public Agency, this day of , 19 . Executed by the Engineer, this 22nd day of March ; 19-1-1. AT'T`EST: 9 i By Title: Partner City 'IWIM Village of Elk rrova Villa9a Cook County, State of Illinois, acting by and through its Board of Trustees , E-3 Title: President ALSTOT & MARCH, INC. 605 E. Algonquin Road (1) 1) Arlington Heights, Illinois 60005 (1� Title: Pat/tner (1) Name and address of Engineer BLR M -634c Page 7 of 7 Rev. 10-10-67