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R-31-98 05/11/1998Illinois Department of Transportation BE IT RESOLVED, by the Village (City, Town or Village) 2 -31 -9g Resolution for Improvement by Municipality Under the Illinois Highway Code Construction President and Board of Trustees (Council or President and Board of Trustees) of Lemont (Name) that the following described street(s) be improved under the Illinois Highway code: of the , Illinois, Name of Thoroughfare Route From To All village maintained streets BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of updating the village's Pavement and Surface Evaluation and Rating Program using ROADWARE version 5.1 and shall be constructed feet wide and be designated as Section 98- 00029 -00 -PV 2. That there is hereby appropriated the (additional) sum of nine thousand. four hundred Dollars ($ 9.400 ) for the 3. That the work shall be done by Contract ; and, improvement of said section from the municipality's allotment of Motor Fuel Tax funds. BE IT FURTHER RESOLVED, that the Clerk is hereb directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. APPROVED 19 Department of Transportation District Engineer I, Ms. Charlene Smollen in and for the Village of Lemont (City, Town, or Village) County of Cook , Clerk hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the President and Board of Trustees (Council or President and Board of Trustees) at a meeting on 7)7 -7 // , 19 98 . IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this // day of , A.D. 19 (SEAL) Aft. -Z �l.l�•- Village Clerk. (City, Town, or Village) FIR 4103 (Rev. 8/87) 11 494-0352 Municipality Village of Lemont L O C L A E N C Y C 0 N U T A N T Name Strand Associates, Inc. • • ► Illinois Department of Transportation Preliminary /Construction Engineering Services Agreement For Motor Fuel Tax Funds Township Lemont Address 2400 W. Glenwood, Suite 226 County Cook City Joliet Section 98- 00029 -00 -PV State Illinois THIS AGREEMENT is made and entered into this day of , 19 98 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT ", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Name All village maintained streets Route Section Description N/A Length N/A Mi. (Structure No. N/A Termini Description: Updating the village's Pavement and Surface Evaluation and Rating Program using ROADWARE version 5.1. Agreement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the following engineering services for the LA in connection with the proposed improvement hereinbefore described, and checked below: a.( X) Review new subdivision street data from as -built engineering plans, input street geometric data in the computer program. b.( X) Perform field evaluation of existing pavements to update computer data base with observed pavement conditions. c.( X) Update construction unit costs and rehabilitation procedures in computer program d.( X) Provide village staff a one -day software training session. 2. That all reports to be furnished by the ENGINEER, pursuant to this AGREEMENT, will be in accordance with the current standard specifications and policies of the DEPARTMENT. It is understood that all such reports shall, before being finally accepted, be subject to approval by the LA and the DEPARTMENT. 3. To attend conferences at any reasonable time when requested to do so by representative of the LA or the DEPARTMENT. Note: Four copies to be submitted to the District Engineer BLR 4301 (Rev. 4/91) Page 1 of 3 4. The basic survey notes and sketches, charts, computations and other data prepared or obtained by the ENGINEER pursuant to this agreement will be made available upon request to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. 5. That all documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him and will sho w his professional seal where such is required by law. The LA Agrees, 1. To pay the ENGINEER as compensation for all services performed as stipulated in paragraphs 1, 2, 3, 4 and 5 in accordance with one of the following methods indicated by a check mark: a.( X) A sum of money not -to- exceed $9,400.00. b.( ) A sum of money equal to the percentage of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Percentage Fees Under $50,000 (see note) Note: Not necessarily a percentage. Could use per diem, cost -plus or lump sum. 3. That payments due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been performed, in accordance with the following schedule: a. Upon completion of the work required by paragraphs la through 1d under THE ENGINEER AGREES - to the satisfaction of the LA and their approval by the DEPARTMENT, 100 percent of the total fee due under this AGREEMENT based on the approved estimate of cost. By mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. 4. That, should the project be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs la through 1d, and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual costs plus 54 percent to cover profit, overhead and readiness to serve, "actual cost' being defined as in paragraph 2 of THE LA AGREES. 5. That, should the LA require changes in any services, after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus 54 percent to cover profit, overhead, and readiness to serve - "actual cost" being defined as in paragraph 2 of THE LA AGREES. BLR 4301 (Rev. 4/91) Page 2of3 It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for disposition, and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all data, if any, from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That the ENGINEER warrants that he /she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty the LA shall have the right to annul this contract without liability. IN WITNESS WHEREOF, the parties have cause this AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized offices. Executed by the LA: ATTEST' By '(Mee Village (Seal) Village of Lemont (Municipality) State o nois, acting by and through its Clerk Fr4( of the le: Village President Executed by the ENGINEER: ATTEST: By Title: Secretary By N -i W...l,c. Title: President BLR 4301 (Rev. 4/91) Page 3 of 3