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HomeMy WebLinkAboutResolution #5350 -0Svl v h ov 4- 535= 0 U6n0� Resolution for Improvement i of Tratll�ortation Under the Illinois Highway Code Is this project a bondable capital Improvement? Resolution T e Resolution Number Section Number ® Yes [:] No 10riginal 21-00110-77-BR BE IT RESOLVED,by the Council of the City Governing Body Type Local Public Agency Type of Canton Illinois that the following described street(symad(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 Strest(syRoad(s) Length Route From To (miles) For Structures: Name of Street(syRoad(s) Existing Route Location Feature Crossed Structure No. Avenue F 029-4163 IMS 6500 Big Creek BE IT FURTHER RESOLVED, 1. That the oroDosed Improvement shall consist of Provide Preliminary Engineering for the replacement of the structure carrying Avenue F over Big Creek in the City of Canton 2. That there is hereby appropriated the sum of one hundred thirty one thousand eight hundred fifty and 00/100 Dollars( $131,850.00 )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. 1 I,Diana Pavley-Rock City Clerk in and for said City Name of ClarkLocal Publ c 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 December 21,2021 Goveming Body Type Name of Local Public Agency Date I IN TESTIMONY WHEREOF,I have hereunto set my hand and seal this 21St day of December,2021 —Fa y— Konth, ear (SEA-) Cler i natu a Date i i Approved Regional Engineer DeDartment of Transportation Date Printed 12/13/21 Page 1 of 1 BLR 09110(Rev.05/08120) Local Public A ency County Section Number Ci of Canton I Fulton 21-00110-77-BR AVERAGE HOURLY PROJECT RATES Exhibit E Cost Estimate of Consultants Services Worksheet Fixed Raise SHEET 1 OF 2 Road and Hydraulic ExlstinglPtop ROW,PL PAYROLL AVG TOTAL PROD.RATES Survey and Plats Roadwa Design-Phase I Structure Design-Phase I Roadway Design-Phase 11 HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part Avg Part. Avg Par. Avg Par. Avg Pert Avg Part Avg PE VI 52.76 194.5 18.36% 9.69 73'. 32.74% 17.27 ..52.5, 26.520/a 13.99 44 13.92% 7.35 PE V 42.00 8.0 0.76% 0.32 SE VI 51.22 138.0 13.03% 6.67 _ 6- 2.69% 1.38 67 33.84% 17.33 10 3.16% 1.62 PE IV 35.01 351.0 33.13% 11.60 8 17.78% 6.22 18 8.079/9 2.83 56' 28.28% 9.90 :156 49.37% 1728 PLS VII 46.10 31.0 2.930/6 1.35 1.5 3.330/6 1.54 ..28.5 38.26% 17.64 1 0.32% 0.15 ENG 11 30.22 0.0 /DTVI 40.47 86.0 8.23% 252 86, 29.60% 11.98 !DT V 30.99 219.5 20.72% 6.42 2.5' 5.56% 1.72 34' 45.64°h 14.14 60: 26.91% 8.34 _20 10.10% 3.13 101 31.98°ib 9.90 sm III 25.61 2.5 0.24% 0.06 1 2.5 1.260/0 0.32 Tech V 30.73 26.5 2.500/6 0.77 16.5 36.67% 1 11.27 6 8.050/6 2.48 4 1.27% 0.39 Tech If 21.51 22.5 2.12% 0.46 16.5' 36.67% 7.89 6 . 8.05% 1.73 - 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 1059.5 1000/6 $39.85 45.0 100.006/6 $28.641 74.5 100% $35.99 223.0 100% $41.79 198.0 1000/a $44.68 316.0 100% $36.69 BLR 05514(Rev.04130/21 Printed 12/13/2021 11:13 AM Page 1 of 1 Avg Hourly Illinois Department of Transportation Office of Highways Project Implementation I Region 3/District 4 401 Main Street I Peoria, Illinois 61602-1111 January 31, 2022 Ms. Diana Pavley-Rock, City Clerk City of Canton 2 North Main Street Canton, Illinois 61520 Municipal—Motor Fuel Tax (MFT) Funds City of Canton Ex. S.N. 029-4163; Pr. S-.N. 029-4263 Section No.: 21-00110-77-BR Dear Ms. Pavley-Rock: The Resolution for Improvement Under the Illinois Highway Code (BLR 09110) adopted by the City Council of Canton on December-21, 2021, appropriating $131,850.00 of MFT funds for this section was approved on January 25, 2022. This resolution provides for Preliminary Engineering for the replacement of the structure carrying Avenue F over Big Creek. *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. Additionally, the Local Public Agency Engineering Services Agreement for MFT Preliminary Engineering between the City of Canton and Maurer-Stutz, Inc. to be performed in connection with the improvement of the above section is also approved. If you have any questions, please contact Mr. Simon Alwan at (309) 671-3694. Sincerely, G, Kensil A. Garnett, P.E. Region Three Engineer SJA/jjs s:\gen\winword\blrs\stafflalwan\transmittals&letters\improv.resolutions\canton.21-00110-77-br impry res.blr 5530.docx Attachment cc: Mr. George Merkle, Maurer-Stutz File- i' 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 21-00110-77-BR 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) For Structures: Name of Street(s)/Road(s) Existing Route Location Feature Crossed Structure No. Avenue F 029-4163 MS 6500 Big Creek BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Provide Preliminary Engineering for the replacement of the structure carrying Avenue F over Big Creek in the City of Canton 2. That there is hereby appropriated the sum of one hundred thirty one thousand eight hundred fifty and 00/100 Dollars( $131,850.00 )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 December 21, 2021 Governing Body Type Name of Local Public Agency Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal thist day of December, 2021 Da Month,Year (SEAL) Clerki nature Date Approved Regional Engineer Department of Transportation Date Z Printed 12/13/21 Page 1 of 1 BLR 09110(Rev.05/08/20) 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 J1 21-00110-77-BR 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) For Structures: Name of Street(s)/Road(s) Existing Route Location Feature Crossed Structure No. Avenue F 029-4163 MS 6500 Big Creek BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Provide Preliminary Engineering for the replacement of the structure carrying Avenue F over Big Creek in the City of Canton 2. That there is hereby appropriated the sum of one hundred thirty one thousand eight hundred fifty and 00/100 Dollars( $131,850.00 )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 December 21, 2021 Governing Body Type Name of Local Public Agency Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seanthiSt day of December, 2021 Month,Year (SEAL) Clerk S Date Approved Regional Engineer Depajtment of Transportation Date Q Lo Z Printed 12/13/21 Page 1 of 1 BLR 09110(Rev.05/08/20) Local Public Agency NO1111noiS Department : of Transportation Engineering Services Agreement Agreement For Agreement Type Using Federal Funds?❑ Yes ® No MFT PE Original LOCAL PUBLIC AGENCY Local Public Agency County Section Number Job Number City of Canton Fulton 21-00110-77-BR 11 Proiect Number Contact Name Phone Number Email Ron Robinson (309) 647-5022 1 rrobinson@cantoncityhall.org SECTION PROVISIONS Local Street/Road Name Key Route Len th Structure Number Avenue F MS 6500 029-4163 (Ex) Location Termini Add Location Over Big Creek Remove Location Proiect Description Provide Phase I & II Preliminary Engineering for the replacement of the structure carrying Avenue F over Big Creek in the City of Canton Engineering Funding ® MFT/TBP ❑ State ❑ Other Anticipated Construction Funding ® Federal ❑ MFT/TBP ❑ State ® Other lRebuild Illinois Bond/COVID Relief Funds AGREEMENTFOR ® Phase I-Preliminary Engineering ® Phase II-Design Engineering CONSULTANT Consultant Firm Name Contact Name Phone Number Email Maurer-Stutz, Inc. 11 Keith J. Plavec (309) 693-7615 kjplavec@mstutz.com Address itv State Zip Code 3116 N. Dries Ln; Ste 100 1 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 Printed 12/14/21 Page 1 of 10 BLR 05530(Rev.Draft) 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 ® Proposal for Geotechnical Exploration Services El I. 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). II. 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 Printed 01/28/22 Page 2 of 10 BLR 05530(Rev.05/07/21) 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. Printed 12/13/21 Page 3 of 10 BLR 05530(Rev.05/07/21) 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. B. 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; Printed 12/13/21 Page 4 of 10 BLR 05530(Rev.05/07/21) 2 The grantee's or contractor's policy to maintain a drug free workplace; ( ) 9 P Y 9 p (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 f Prime Consultant TIN/FEIN/SS Number Agreement Amount Maurer-Stutz, Inc. 27-1013849 $131,850.00 Subconsultants TIN/FEIN/SS Number Agreement Amount Subconsultant Total Prime Consultant Total $131,850.00 Total for all work $131,850.00 Add Subconsultant AGREEMENT SIGNATURES: Executed by the LPA: Local Public Agency Type Name of Local Public Agency Attest: The City of Canton By Date By Date Name of Local Public Agency Local Public Agency Type Title Canton City I Clerk Mayor (SEAL) Printed 12/13/21 Page 5 of 10 BLR 05530(Rev.05/07/21) Executed by the ENGINEER: Consultant Firm Name Attest: Maurer-Stutz, Inc. Bv A Date BV Date Pitle Ti e Senior Project Engineer rincipal APPROVED: Re ional En ineer, Department of Transportation Date Printed 12/13/21 Page 6 of 10 BLR 05530(Rev.05/07/21) Local Public Agency Countv Section Number City of Canton Fulton 21-00110-77-BR EXHIBIT A i _ __ _ __- SCOPE 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 required roadway and hydraulic survey. Complete Soil Borings. Complete Abbreviated Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report Prepare needed permits. Make complete general and detailed plans, special provisions, proposals and estimates of cost. Complete needed ROW plats and legal descriptions. Assist the LA in the tabulation and interpretation of the contractors' proposals and prepare needed contracts. Prepare the necessary environmental documents. Prepare/Attend Bi-monthly Coordination Meeting. Complete Public Involvement. Prepare the Project Development Report. Printed 12/13/21 Page 7 of 10 BLR 05530(Rev.05/07/21) Local Public Agency Countv Section Number City of Canton Fulton 21-00110-77-BR EXHIBIT.B PROJECT SCHEDULE Project Begins February 1, 2022 Submit Abbreviated BCR and Waiver Request April 15, 2022 ESR Request March 15, 2023 Submit PBD&HR June 1, 2023 Submit Final PDR September 15, 2023 Complete ROW Plats and Legal Descriptions October 15, 2023 Complete PS&E December 12 2023 Anticipated Letting Date March 8, 2024 Project Completion Date May 15, 2024 Printed 12/13/21 Page 8 of 10 BLR 05530(Rev.05/07/21) rJ Local Public Agency Countv Section Number City of Canton Fulton 21-00110-77-BR 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 3 $65.00 $195.00 ❑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) 365 $10.00 $3,650.00 ❑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]DOT approval) ❑Aerial Photography and Mapping Actual cost(Requires 2-3 quotes with IDOT 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) ®Structure Borings Cost based on Attached Proposal 1 $4,000.00 $4,000.00 El Total Direct Costs $7,845.00 Printed 01/28/22 Page 9 of 10 BLR 05530(Rev.05/07/21) Local Public Agency Count Section Number City &Canton Fulton 21-00110-77-BR Exhibit D ! Qualification Based Selection(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? 3 Was 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 Add 8 Do the written QBS policies and procedures discuss the method of selection? ❑ ❑ Selection committee titles for this project To three consultants ranked for this project in order P P J 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). ® ❑ Printed 12/13/21 Page 10 of 10 BLR 05530(Rev.05/07/21) PROJECT LOCATION MAP City of Canton, Fulton County Avenue F (MS 6500) over Big Creek Section 21-00110-77-BR S28 T7N R4E 4th P.M. LOCATION 131 RCH ST R .91 CH YRT LE �T� �� �Kc a d MYR 'LE i w CH 21 E XT ST { VENE S ST t- 1+9N£ f x N- w U O FA I R V�l±tf1' ST 78 � > Eli � F' to `_ Q• �,� LCF- w f� 5N Uw �. SPRIGMILC ST Cc HOW .� '� E_dC�i$T f�lP Y6� 5T y,c :; 3 • ' Elf .FAP 7$ (JUER 3Y eHESTNUTT 5T lie I EXHIBIT E Illinois Department COST ESTIMATE OF CONSULTANT SERVICES WORKSHEET of Transportation FIXED RAISE Local Public Agency County Section Number Cit of Canton. Fulton .: 21=001:1-0=77-BR:' Consultant (Firm) Name Prepared By Date Maurer-Stutz, Inc. Geor e`B.Merkle. 12/1.0/2021: PAYROLL ESCALATION TABLE CONTRACT TERM 28 MONTHS OVERHEAD RATE - :160.73% START DATE 2/1/2022 COMPLEXITY FACTOR 0 RAISE DATE 7/1/2022 % OF RAISE END DATE 5/31/2024 ESCALATION PER YEAR % of Year First Date Last Date Months Contract 0 2/1/2022 7/1/2022 5 17.86% 1 7/2/2022 7/1/2023 12 43.71% 2 7/2/2023 6/1/2024 11 40.87% The total escalation = 2.44% BLR 05514(Rev. 04/30/21) Payroll Escalation Printed 12/13/2021 1:11 PM Page 1 of 1 Local Public Agency County Section Number lCity of Canton IFulton 21-00110-77-BR MAXIMUM PAYROLL RATE 78.00 ESCALATION FACTOR 2.44% PAYROLL RATES Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE $51.50 $52.76 PE V $42.00 SE VI .- ;$50.00 $51.22 PE IV- y <:$34.17 $35.01 K$:'VI I. ^$45.00 $46.10 ENG'I I :$29.50 $30.22 S/DT VI $39:50 $40.47 S/DT.V- °'; $30.25 $30.99 S/DT:111- $25.00 $25.61 Tech V "$30.00 $30.73 T60'11- 21:00 $21.51 BLR 05514(Rev. 04/30/21) Payroll Rates Printed 12/13/2021 1:12 PM Page 1 of 1 Local Public Agency County Section Number ICity of Canton Fulton I I 21-00110-77-BR COST ESTIMATE WORKSHEET Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise OVERHEAD RATEI 160.73% COMPLEXITY FACTOR 0 OVERHEAD& SERVICES BY %OF GRAND TASK STAFF HOURS PAYROLL FRINGE BENEFITS DIRECT COSTS FIXED FEE OTHERS TOTAL TOTAL Road and Hydraulic Survey 45 1,289 2,071 210 425 3,995 3.03% Existing/Prop ROW,PL and Plats 74.5 2,681 4,309 465 885 8,340 6.33% Roadway Design-Phase 1 223 9,319 14,978 420 3,075 27,792 21.08% Structure Design-Phase 1 198 8,846 14,218 4,320 2,919 30,303 22.98% Roadway Design-Phase II 316 11,593 18,634 1,630 3,826 35,683 27.06% Structure Design-Phase II 165 6,647 10,684 800 2,194 20,325 15.42% Administration&Management 12 519 833 171 1,523 1.16% QualityAssurrance 26 1,324 > 2,128 437 3,889 2.95% Subconsultant DL 0 _ TOTALS 1059.51 42,218 67,855 7,845 13,932 - 131,850 100.00% 110,073 BLR 05514(Rev. 04/30/21) Cost Estimate Worksheet Printed 1/28/2022 9:54 AM Page 1 of 1 Local Public Agency County Section Number City of Canton Fulton 21-00110-77-BR AVERAGE HOURLY PROJECT RATES Exhibit E Cost Estimate of Consultants Services Worksheet Fixed Raise SHEET 1 OF 2 Road and Hydraulic Existing/Prop ROW,PL PAYROLL AVG TOTAL PROJ.RATES Survey and Plats Roadway Design-Phase I Structure Design-Phase I Roadway Design-Phase II 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 PE VI 52.76 194.5 18.36% 9.69 73 32.74% 17.27 52.5 26.52% 13.99 44 13.92% 7.35 PE V 42.00 8.0 0.76% 0.32 SE VI 51.22 138.0 13.03% 6.67 6, 2.69% 1.38 67 33.84% 17.33 10 3.16% 1.62 PE IV 35.01 351.0 33.13% 11.60 8 17.78% 6.22 18 8.07% 2.83 56 28.28% 9.90 156 49.37% 17.28 PLS VII 46.10 31.0 2.93% 1.35 1.5 3.33% 1.54 28.5 38.26% 17.64 1 0.32% 0.15 ENG II 30.22 0.0 S/DT VI 40.47 66.0 6.23% 2.52 66, 29.60% 11.98 S/DT V 30.99 219.5 20.72% 6.42 2:5 5.56% 1.72 34- 45.64% 14.14 '60'-, 26.91% 8.34 20 -- 10.10% 3.13 101, 31.96% 9.90 S/DT III 25.61 2.5 0.24% 0.06 F 2.5. 1.26% 0.32 Tech V 30.73 26.5 2.50% 0.77 16.5 36.67% 11.27 6 8.05% 2.48 4 1.27% 0.39 Tech II 21.51 22.5 2.12% 0.46 16.5 36.67% 7.89 6 8.05% 1.73 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 1059.5 100% $39.85 45.0 100.00% $28.64 74.5 100% $35.99 223.0 100% $41.79 198.0 100% $44.68 316.0 100% $36.69 BLR 05514(Rev. 04/30/21) Printed 12/13/2021 1:12 PM Page 1 of 1 Avg Hourly 1 Local Public Agency County Section Number City of Canton I Fulton 21-00110-77-BR t AVERAGE HOURLY PROJECT RATES Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise SHEET 2 OF 2 Administration& PAYROLL AVG Structure Design-Phase 11 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 PE VI 52.76 3 1.82% 0.96 6 50.00% 26.38 16 61.54% 32.47 PE V 42.00 8 4.85% 2.04 SE VI 51.2247 '_ 28.48% 14.59 8L':;, 30.77% 15.76 PE IV 35.01 1.07 64.85% 22.70 4 33.33% 11.67 2' 7.69% 2.69 PLS VII 46.10 ENG II 30.22 S/DT VI 40.47 S/DT V 30.99 2 16.67% 5.16 S/DT III 25.61 Tech V 30.73 Tech II 21.51 TOTALS 165.0 100% $40.29 12.0 100% $43.21 26.0 100% $50.92 0.0 0% $0.00 0.0 0% $0.00 0.0 0% $0.00 BLR 05514(Rev. 04/30/21) Printed 12/13/2021 1:12 PM Page 1 of 1 Avg Hourly 2 I M G January 27, 2022 Mr. George B. Merkle, PE Maurer-Stutz,'I nc. 3116 North Dries Lane; Suite 100 Peoria, Illinois 61604 RE: Proposal for Geotechnical Exploration Services Avenue F Bridge over Big Creek Existing Structure No. 029-4163 Proposed Structure No. 029-4263 Canton, Illinois Dear Mr. Merkle: Thank you for the opportunity to submit a Proposal for geotechnical exploration services for the above referenced Project. The Project intent is to provide geotechnical explorations services for the replacement of bridge Structure No. 029-4163. (See Attachment A). We understand the scope of work is as follows: GEOTECHNICAL PHASE SERVICES 1. Soil Borings: We assume site access is suitable for our truck-mounted rotary drill rig. Three borings to a depth of 50-feet, below current grades are planned for this project.The borings will be advanced until the planned termination depth of 15-feet into shale or until auger refusal is encountered. At completion of exploration activities, all borings will be backfilled with the available auger cuttings. The as-drilled locations may be adjusted to provide adequate working room for our equipment, to avoid known buried obstructions, marked utilities, and to safely advance the borings. 2. Rock Coring (Additional Services if Required): Based on our past project experience in the vicinity of the project, we do not think any rock coring will be required. However, since the underlying topography of the rock surface is anything but predictable, rock (auger refusal) may be encountered during execution of the selected borings. If rock (auger refusal) is encountered, IMEG will prepare a supplemental agreement for advancement of additional borings. The above geotechnical information will be helpful in establishing a more representative cost estimate for soil drilling and rock coring. Unless staked by the Client, boring locations will be staked by IMEG with manual field methods based on plans and information provided by the Client. 2406 West Nebraska Avenue, Peoria, IL 61604 >309.673.2131 >Fax:309.673.3050 >imegcorp.com Proposal for Geotechnical Exploration Services Canton, Illinois Avenue F Bridge over Big Creek January 27, 2022 Following completion of the soil borings, recovered samples will be examined and subjected to laboratory testing as determined by the geotechnical engineer. Our deliverable for the project will include soil boring logs (IDOT Format) with pertinent information including soil type, N-values, Qu values, moisture content, and ground water levels observed at the time of exploration. ASSUMPTIONS 1. Our proposal does not include restoration of potential rutting or site damage due to the trafficking by our exploratory equipment. Any restoration of the site should be accepted and completed by the Client. 2. IMEG will submit public utility locates through the appropriate entity. Any private utilities should be identified by the Client and conveyed to IMEG prior to providing written notice to proceed. 3. Normal work hours for IMEG are Monday through Friday between 7 AM and 4 PM. If execution of services outside normal working hours is preferred, please contact us as our fee will require a price adjustment. 4. Drawings of the existing project area, underground utilities, proposed improvement plans and specifications will be provided to IMEG. 5. Documents prepared by the Engineer will be prepared based upon reasonable assumptions derived from existing information provided by the Client and from limited observation of accessible and visible existing conditions by the Engineer without the benefit of extensive field measurements and investigation prohibited by expense and inconvenience to the Client. It is understood and agreed that unforeseen conditions uncovered during the progress of the project. may require changes in the project, resulting in additional cost and delay. COMPENSATION We propose to execute the geotechnical exploration services within 20 business days following written notice-to-proceed by the Client, and receipt by ]MEG, the services described above for a fixed fee of $4,000. If suitable soils are not encountered at completion of the planned boring depth, IMEG will contact the Client and request permission to advance the boring further. Any additional drilling below the planned boring termination depth with be invoiced at$30/foot (includes laboratory testing of recovered samples). PROJECT EXPENSES The following reimbursable expenses are not included in the above fee and will be invoiced with a 1.1 multiplier of actual cost: 1. Payment of plan review fees or other imposed governmental agency fees. 2. Necessary consultants as approved by Client. 3. Expenses for safety training, background checks, and drug testing to access the site. �® Page 2of4 Proposal for Geotechnical Exploration Services Canton, Illinois Avenue F Bridge over Big Creek January 27, 2022 4. Project specific insurance coverage riders or amendments necessary to comply-with required insurance requirements above current IMEG limits and conditions. 5. Postage and delivery charges. ADDITIONAL SERVICES IMEG can include the following as additional services. Additional services will be performed on a time and material basis using IMEG's standard hourly rates in effect at the time the service is performed, or for a negotiated fee, and only after approved in writing. 1. Negotiations or delays resulting from the client, contractor, or owner's failure to secure right-of- entry for IMEG to complete the work. 2. Any additional crew wait time necessary for access to the site (i.e., locked access gates, equipment, or materials preventing access to the planned boring locations, etc.), site specific badging/training required, or penetration through obstructions will be invoiced at$230/hour. 3. Invasive field takeoff to determine existing conditions that are not readily accessible or visible. 4. Civil, structural, mechanical, electrical, or technology design of any kind. 5. Survey services to reference actual boring locations to a control plan and Client supplied datum. 6. Construction phase services. GENERAL The attached Terms and Conditions dated April 10, 2020 are made a part of this Proposal. This Proposal is valid for 45 days from the date of this offer. We will begin our services following acceptance of this Proposal for Engineering Services. We look forward to working with you and your staff on this project and appreciate this opportunity to be of service. Acceptance may be conveyed via e-mail to the address listed below or by signing this offer and returning it to our office. Sincerely, IMEG CORP. Dig4a0y signed by John Fellman DN:C=US, ��,�,,��i.l�•.— E=Jo hn.B.Fellman(dimegcoep.00m, 0=1MEG Cory,CN=John Failman _Date:2022.01.27 15:04:40-00'00' Scott M. Osmulski John B. Fellman, PE, SE Peoria Operations Manager Senior Principal/Client Executive Scott.M.Osmulski@imegcorp.com SMO:JBF/rma \\files\Corporate\Teams\COCCC06\_Proposals_LPeoria Office\2022 ProposaMiCanton_UAvenue F Bridge\20220127 Avemue F over Big Creek.docx Attachment: Attachment A Boring Map Location . Page 3 of 4 Proposal for Geotechnical Exploration Services Canton, Illinois Avenue F Bridge over Big Creek January 27, 2022 MAURER-STU1Z, INC. Ac ped: (Signaturej lo P+'oj ect"�✓1grr�ee� auYer,� , Title I ZB Zo2� Date Page 4 of 4 * 1M G Attachment A Boring Location Map Avenue F Bridge over Big Creek 'Canton, Illinois January 27, 2022 w F- a b o ' Wvm St .7J Pl�O st-_ __ wVlne Si �- U) Z z I Q O n z , ° Dean Park 0 a m w cc 4 U to LU W 01NO s, W oll-st Y/olmu SI _ i i Z 0�o'G�e � Fslr:•l North Avenue F__ _____ _ N Cass PI _ -Cass PI - - Cass PI (—' _ / C ^\` _ Q O v/Ash st. _ co LU E2 . Iz /r27 { 2 (E Country Line I - > Bar ) I� Y/Spruce St _ _. _ ._ _ .. - lY Spruce St_ ar and Grill w Dad'sGara`ga-Ustomslam'-- - ®® Canton Inn 1, Project N 3'6*i"" i® _ - Chuck Taylor-State�star hotel/� Location _ 5,Q - Farm Insurance Agent :o Repair® This That&Mower Jeeperz Outpost �.YYYY j z �z j Canton Public Works o p (D w 0 Z Street&Sanitation Paula's Parlln-I Creations o Wesley Un �_ w OZ O _ n ersoll y c� w Q � , ®CentrlL4'lindows Public Library Methodist Chi m U � Q Amanda's Collectibles U- (D (� wmZ O iempuan:y dosed % - :DM O J - -- --- - W Chesmuf St W Ch-sra S _ _ .._Y!chestnut St" - _ N Chestnut St -- -- - _ Y!Chc•,tnut 51 W > Za o Q O U w a 0 `\ d \. Edge,v6vd PI Barnhart,Tins 8 LdnE First Christian Church® f IMEG Project No. • +9 Greek— \ /� ` - :_ _W Elm ST - -WEln,St Drawn B SMO \ y Google MidAmerica Y Checked By:SMO Date:2022.01.27 N t A-1 Sheet 1 of 2 F�A� w :rw� •• r x . r� a �sU) (p R. cf) _ �•> all Sr 1 s �� >�a.e'ylw °.-F��'ra�.R�'�'fa!•rC;aa�•�Jtrcawwf se.-•usax s.:aA +v�:. �. mommommom a 4Ti!i, 1+ `e AVENUE F BRIDGE OVER BIG CREEK CANTON, IL.LINOIS ME I MEG 2406 West Nebraska Avenue Soil Boring Plan Peoria, Illinois 61604 TERMS AND CONDITIONS Standard of Care:Services provided by IMEG Corp.(hereinafter referred to as'the Engineer')under this Agreement will be performed in accordance with generally accepted professional practices in a manner consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same or similar location. Client Responsibilities:The Engineer shall be entitled to rely on the accuracy of documentation presented to it by Client. In the event of updates or changes to any documentation provided to the Engineer in furtherance of its services,the Client is responsible for advising Engineer's personnel of such updates or changes in writing. Additional Services:When additional services beyond the defined scope of work are requested,an amendment or change order will be prepared by the Engineer and approved by the Client prior to commencing work.Client's approval by email or payment of proposed additional services shall be deemed binding.Additional services shall be performed on a time and material basis or for a negotiated fee. Compensation:Services provided by the Engineer on a time and material basis shall be performed in accordance with the Engineer's current fiscal year Standard Hourly Rate Schedule in effect at the time of performance.This schedule is updated yearly and is available upon request. Performance:The Engineer has multiple offices and has professional service agreements for additional engineering and production assistance.The Engineer may use any office or professional service in the completion of services required for the Project.The Engineer shall perform work pursuant to an agreed-upon schedule and consistent with the orderly progress inherent in the Engineer's Standard of Care.Work performed in the States of New York or North Carolina may be performed by VPH Engineering Services,P.C.utilizing the Engineer's processes and standards. Billing/Payment:The Client agrees to pay the Engineer for all services performed and all costs incurred.Invoices for the Engineer's services shall be submitted either upon completion of such services or on a monthly basis.Invoices shall be due and payable within 30 days of invoice date(direct)or 15 days from payment by Owner (consultant). Client shall notify the Engineer of any objections to the invoice within five working days of receipt and agrees to pursue,in good faith, all payments owed to the Engineer for services rendered. Payment of any invoice indicates Client's acceptance of this Agreement,these Terms&Conditions,and satisfaction with the Engineer's services.Payment of invoices is in no case subject to unilateral discounting,back-charges,or set-offs by the Client,and payment is due regardless of suspension or termination of this Agreement by either party.Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate)on the unpaid balance. In the event any portion of an account remains unpaid 120 days after the billing, the Engineer may institute collection action and the Client shall pay all costs of collection,including reasonable attorney's fees. Indemnification:The Client agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Engineer,its directors,employees and agents against claims,damages, liabilities and costs arising from and in proportion to the negligent acts or failure to act of Client and its directors, employees and agents in the performance of services under this Agreement on a comparative basis of fault.The Client shall not be obligated to indemnify the Engineer and its directors,employee and agents for their own negligence or the negligence of others.The Engineer agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Client,its directors,employees and agents against claims,damages,liabilities and costs arising from and in proportion to the negligent acts or failure to act of the Engineer and its directors,employees and agents in the performance of services under this Agreement on a comparative basis of fault.The Engineer shall not be obligated to indemnify the Client and its directors,employee and agents for their own negligence or the negligence of others.The other provisions of this Agreement notwithstanding,in the event of any claim within the purview of the indemnification provisions of this section,each indemnitee shall control its defense,and at the time of claim resolution each indemnitor shall provide reimbursement for any reasonable defense cost,recoverable by law,caused by any negligence or other fault by or attributable to each indemnitor as determined by a competent trier of fact.As such,the parties recognize and expressly acknowledge that the duty to defend is not applicable to this Agreement and wholly separate and distinct from the duty to indemnify and hold harmless as set forth in this section. Insurance:The Engineer shall obtain and maintain the following insurance coverages:Commercial General Liability,Automobile Liability,Umbrella/Excess Liability, Workers Compensation/Employer's Liability,and Professional Liability.Certificates of insurance will be provided to the Client upon request.When stipulated by the Parties, Commercial General Liability, Automobile Liability, Umbrella/Excess Liability, Workers Compensation/Employer's Liability shall be written or endorsed to include named additional insureds,primary/non-contributory coverage,and other coverages subject to all terms,exclusions and conditions of the policies and any limitations as to coverage amounts as agreed upon by the Parties. Certifications,Guarantees and Warranties:The Engineer shall not be required to execute any document or make any promise that would result in the Engineer certifying,guaranteeing or warranting the existence of any conditions. Assignment:Neither party to this Agreement shall transfer,sublet or assign any rights or duties under or interest in this Agreement,including,but not limited to, monies that are due or monies that may be due,without the prior written consent of the other party,which shall not be unreasonably withheld.Subcontracting to subconsultants, normally contemplated by the Engineer as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement. Dispute Resolution:Any claims or disputes between the Client and the Engineer arising out of the services to be provided by the Engineer or out of this Agreement shall be submitted to non-binding mediation. The Client and the Engineer agree to include a similar mediation agreement with all contractors, subconsultants, subcontractors,suppliers and fabricators,providing for mediation as the primary method of dispute resolution among all parties.The laws of the State where the project is located govern the validity of this Agreement,its interpretation and performance.Any litigation arising in any way from this Agreement shall be brought in the courts of that State. Construction Means and Methods: The Engineer shall not be responsible for, nor have control over or charge of, construction means, methods, sequences, techniques, or procedures, or for any health or safety precautions. Neither Client nor the Engineer shall hold the other responsible for damages or delays in performance caused by acts of God,strikes,walkouts,accidents,Government acts,or other events beyond the control of the Client's or the Engineer's directors, employees,agents,or consultants. Construction Observation:When the Engineer does not explicitly provide construction observation services within its written scope of work,it is agreed that the professional services of the Engineer do not extend to or include the review or site observation of the contractor's work, performance, or pay request approval. During construction,the Client assumes the role of the engineer and will hold harmless the Engineer for the contractor's performance or the failure of the contractor's work to conform to the design intent and the contract documents. Project Signs: Project signs displayed at the construction site shall include "IMEG Corp." as the Engineer. Articles for publication regarding this project shall acknowledge IMEG as the Civil,Structural,Mechanical,Electrical and/or Technology Engineer,as applicable. Adjustments,Changes or Additions: It is understood that adjustments, changes,or additions may be necessary during construction.A contingency fund shall be maintained until construction is completed to pay for field changes,adjustments, or increased scope items.All change order amounts requested by contractors constructing Engineer-designed systems shall be submitted to the Engineer for review prior to being approved by contract holder.The Engineer will not approve amounts requested that are above a normal bid amount for the work involved.In no case will costs be assessed to the Engineer at the discretion of the contractor, the Client,or the Owner without prior agreement and approval of the Engineer.The Engineer shall not be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. Ownership:All drawings,specifications,BIM and other work product of the Engineer developed for this Project are instruments of service owned by the Engineer. The Engineer shall provide Client with a license to use said instruments of service for purposes consistent with successful project completion,including extensions, �` s \\files\Corporate\Teams\CQCCC06\_Proposals\_Peoria Office\2022 Proposals\Canton_IL\Avenue F Bridge\20220127 Avemue F over Big Creek.docx if mutually agreed.Reuse of any instruments of service of the Engineer by the Client,or others acting for the Client,for any other use without the express written permission of the Engineer shall be at the Client's risk.Client agrees to defend, indemnify and hold harmless the Engineer for all claims,damages and expenses, including reasonable attorney's fees,arising out of unauthorized use of the Engineer's instruments of service. Electronic Files:The Client hereby grants permission for the Engineer to use electronic background information produced by the Client in the completion of the project.The Client also grants permission to the Engineer to release Engineers'documents (including their backgrounds)electronically to Client, contractors,and vendors as required in the execution of the project. Employment: For the duration of this contract, plus six (6) months from the date of final payment received, neither the Engineer nor Client, nor their respective agents,will offer employment or contact any person for such purposes who is or was employed by the Engineer,Client or their agents for the period of performance of this contract. Termination:The Client or the Engineer may,after giving seven(7)days written notice,terminate this agreement and the Engineer shall be paid for services provided up to the termination notice date, including reimbursable expenses due plus termination expenses.Termination expenses are defined as reimbursable expenses directly attributed to the termination.Until said reimbursable expenses are paid,The Engineer shall not provide any outstanding instruments of services or any other deliverable generated under this Agreement. . Survivability:In the event any provisions of this agreement shall be held to be invalid and unenforceable,the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision,term,condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party.Additionally,there shall be no legal presumption against the drafter of this Agreement in the event of a dispute as to the enforceability and/or interpretation of this Agreement. Limitation of Liability:It is agreed that the Maximum Aggregate Liability of the Engineer arising out of or related to this Agreement and for all work performed on this project,whether based in contract or tort, in law or equity or for negligent acts, errors,or omissions,and all claims, losses, costs, damages,cost of defense, or expenses from any cause, including Client, Contractors,and Attorney fees, will be limited to the greater of the compensation actually paid to the Engineer for all work performed under this Agreement or$25,000.This limitation of liability has been agreed upon after Client and the Engineer discussed the risks and rewards associated with the Project,as well as the provision of the services within both the obligations of this Agreement and the associated compensation.Upon written request by Client,the parties may negotiate in good faith and mutually agree, by way of a written Change Order or Amendment, to increase the amount of this liability limitation.As used in this section"Engineer"includes all of the Engineer's agents,affiliates,subconsultants and subcontractors,and their respective partners, officers,directors,shareholders and employees.The limitation of liability established in this section shall survive the expiration or termination of this Agreement. Risk Allocation:The Engineer's liability to the Client for injury or damage to persons or property arising out of work performed for the Client and for which liability may be found to rest upon the Engineer, other than for professional errors, omissions or negligence,will be limited to the Engineer's general liability insurance coverage of$1,000,000. Hazardous Environmental Conditions:Unless expressly stated in writing,the Engineer does not provide assessments of the existence or presence of any hazardous or other environmental conditions or environmental contaminants or materials("Hazardous Environmental Conditions"). Client shall inform the Engineer of any and all known Hazardous Environmental Conditions before services are provided involving or affecting them. If unknown Hazardous Environmental Conditions are encountered,the Engineer will notify the Client and,as appropriate,government officials of such conditions.the Engineer may,without liability or reduction or delay of compensation due, proceed to suspend services on the affected portion of the project until Client takes appropriate action to abate, remediate, or remove the Hazardous Environmental Condition.The Engineer shall not be considered an "arranger", "operator", "generator", "transporter", "owner",or"responsible party" of or with respect to contaminants, materials or substances. The Engineer shall assume no liability whatsoever for correction of any Hazardous Environmental Conditions;and shall be entitled to payment or reimbursement of expenses,costs or damages occasioned by undisclosed Hazardous Environmental Conditions. Buried Utilities:Client shall be responsible for designating the location of all utility lines and subterranean structures within the property lines of the Project. Client agrees to waive any claim against the Engineer and to defend,indemnify and hold the Engineer harmless for any claim or liability for injury or loss arising from the Engineer or other persons encountering utilities or other manmade objects that were not brought to the Engineer's attention or which were not properly located on the plans furnished to the Engineer.Client further agrees to compensate the Engineer for any and all time,costs and expenses incurred by the Engineer in defense of any such claim,in accordance with the Engineer's then effective standard hourly fee schedule and expense reimbursement policy. Boundary Conflict: Boundary determinations occasionally disclose unseen or unknown conflicts between the record documents and the location of physical improvements.Upon discovery of any latent or patent ambiguity,uncertainty,or dispute disclosed by the records or by placement of the boundaries on the ground, work on the boundary survey will be suspended and you will be immediately notified.The Engineer will present alternatives for possible resolution and any additional work required to achieve resolution will be negotiated. If you should choose to forego resolution,all work completed to date will be invoiced for payment and the project file will be archived by the Engineer for future resolution. If you choose resolution, the Engineer will act as your mediator, consultant and expert until satisfactory resolution is achieved. Upon resolution,this initial agreement will be reinstated and completed in accordance with its initial terms subject to potential interim rate increases. Force Majeure:Except as hereinafter provided,no delay or failure in performance by Client or the Engineer shall constitute a default under this Agreement if and to the extent the delay or failure is caused by Force Majeure. Unless the Force Majeure frustrates performance of the Services, Force Majeure shall not operate to excuse,but only to delay,performance of the Services.If Services are delayed by reason of Force Majeure,the Engineer promptly shall notify Client.Once the Force Majeure event ceases,the Engineer shall resume performance of the Services as soon as possible. "Force Majeure" means any event beyond the control of the Party claiming inability to perform its obligations and which such Party is unable to prevent by the exercise of reasonable diligence,including,without limitation,the combined action of workers, strikes, embargoes, fire, acts of terrorism, explosions and other catastrophes, casualties, a moratorium on construction, delays in transportation,governmental delays in granting permits or approvals,changes in laws,expropriation or condemnation of property,governmental actions,unavailability or shortages of materials, national emergency,war,acts of terrorism,cyber-attacks,civil disturbance,floods,unusually severe weather conditions or other acts of God or public enemy. Inability to pay or financial hardship,however,shall not constitute Force Majeure regardless of the cause thereof and whether the reason is outside a Party's control. Other Terms and Conditions:The Terms and Conditions set forth in this Agreement shall not be superseded by any additional or alternate terms and conditions presented by the Client or any other Party whether contained in invoices or in any other form unless mutually executed,in writing,by the Engineer and Client. Equal Employment Opportunity/Rights Under Federal Labor Laws 1. The equal opportunity clause of 41 CFR§60-1.4(a)is hereby incorporated by reference as if fully set forth herein. 2. The equal opportunity clause of 41 CFR§60-741.5(a)is hereby incorporated by reference as if fully set forth herein.This contractor and subcontractor shall abide by the requirements of 41 CFR 60-741.5(a).This regulation prohibits discrimination against qualified individuals on the basis of disability,and requires affirmative action by covered prime consultants and subconsultants to employ and advance in employment qualified individuals with disabilities. 3. The equal opportunity clause of 41 CFR §60-300.5(a)is hereby incorporated by reference as if fully set forth herein.This contractor and subcontractor shall abide by the requirements of 41 CFR 60-300.5(a).This regulation prohibits discrimination against qualified protected veterans,and requires affirmative action by covered prime consultants and subconsultants to employ and advance in employment qualified protected veterans. 4. The employee notice clause of 29 CFR§471,Appendix A to Subpart A is hereby incorporated by reference as if fully set forth herein. 5. Employer Reports on Employment of Protected Veterans(41 CFR§61-300.10) a. The Engineer agrees to report at least annually,as required by the Secretary of Labor,on: 1) The total number of employees in the workforce of the Engineer,by job category and hiring location,and the total number of such employees,by job category and hiring location,who are protected veterans; 2) The total number of new employees hired by the Engineer during the period covered by the report,and of such employees,the number who are protected veterans;and 3) The maximum number and minimum number of employees of the Engineer at each hiring location during the period covered by the report. 4) The term"protected veteran"refers to a veteran who may be classified as a"disabled veteran,"recently separated veteran,"active duty wartime or campaign badge veteran,"or an"Armed Forces service medal veteran,"as defined in 41 CFR 61-300.2. b. The above items must be reported by completing the report entitled"Federal Contractor Veterans'Employment Report VETS-4212." C. VETS-4212 Reports must be filed no later than September 30 of each year following a calendar year in which the Engineer held a covered contract or subcontract. d. The employment activity report required by paragraphs(a)(2)and(a)(3)of this clause must reflect total new hires and maximum and minimum number of employees during the 12-month period preceding the ending date that the Engineer selects for the current employment report required by paragraph (a)(1)of this clause.The Engineer may select an ending date: 1) As of the end of any pay period during the period July 1 through August 31 of the year the report is due;or 2) As of December 31,if the Engineer has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1,Standard Form 100(EEO-1 Report). e. The number of veterans reported according to paragraph (a)above must be based on data known to the Engineer when completing their VETS-4212 Reports.The Engineer's knowledge of veterans status may be obtained in a variety of ways,including,in response to an invitation to applicants to self- identify in accordance with 41 CFR 60-300.42,voluntary self-disclosures by employees who are protected veterans,or actual knowledge of an employee's veteran status by the Engineer.Nothing in this paragraph(e)relieves the Engineer from liability for discrimination under 38 U.S.C.4212. Rev.04/10/20 2022 STANDARD HOURLY RATES Peoria Office-Field Services (Rates adjusted annually) Client Executive $185 Senior Civil Engineer $145 Civil Project Engineer $125 Civil Engineer $115 Geotechnical Engineer III $175 Geotechnical Engineer II $160 Geotechnical Engineer 1 $125 Geotechnical Designer IV $90 Geotechnical Designer III $80 Land Surveyor III $150 Land Surveyor II $130 Land Surveyor $120 Senior Survey Technician $100 Survey Technician 111 $95 Survey Technician II $75 Survey Technician 1 $65 Senior Construction Administrator $100 Construction Administrator $90 Senior Field Technician $80 Field Technician IV $70 Field Technician III $60 Field Technician II $55 Field Technician 1 $50 Administrative Assistant $50 CMT Local Testing-Half-Day $245 CMT Local Testing- Full-Day $400 Illinois Department Local Public Agency of Transportation Engineering Services Agreement Agreement For Agreement Type Using Federal Funds?❑ Yes ® No MFT PE Original LOCAL PUBLIC AGENCY Local Public Agency County Section Number Job Number City of Canton Fulton 21-00110-77-BR Project Number Contact Name Phone Number Email Ron Robinson (309) 647-5022 1 rrobinson@cantoncityhall.org SECTION PROVISIONS Local Street/Road Name Key Route Len th Structure Number Avenue F MS 6500 029-4163 (Ex) Location Termini Add Location Over Big Creek Remove Location Project Description Provide Phase I & II Preliminary Engineering for the replacement of the structure carrying Avenue F over Big Creek in the City of Canton Engineering Funding ® MFT/TBP ❑ State ❑ Other Anticipated Construction Funding ® Federal ❑ MFT/TBP ❑ State ® Other lRebuild Illinois Bond/COVID Relief Funds AGREEMENTFOR ® Phase I-Preliminary Engineering ® Phase II-Design Engineering CONSULTANT Consultant Firm Name Contact Name Phone Number Email Maurer-Stutz, Inc. Keith J. Plavec (309) 693-7615 kjplavec@mstutz.com Address c1tv State ZIP Code 3116 N. Dries Ln; Ste 100 1 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 Printed 12/14/21 Page 1 of 10 BLR 05530(Rev.Draft) 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 ® Proposal for Geotechnical Exploration Services I. 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). 11. 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 Printed 01/28/22 Page 2 of 10 BLR 05530(Rev.05/07/21) 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. Printed 12/13/21 Page 3 of 10 BLR 05530(Rev.05/07/21) 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; Printed 12/13/21 Page 4 of 10 BLR 05530(Rev.05/07/21) (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 r i Prime Consultant TIN/FEIN/SS Number Agreement Amount Maurer-Stutz, Inc. 27-1013849 $131,850.00 Subconsultants TIN/FEIN/SS Number Agreement Amount Subconsultant Total Prime Consultant Total $131,850.00 Total for all work $131,850.00 Add Subconsuitant ��.:. � AGREEMENT-SIGNATURES`. ' Executed by the LPA:. Local Public Agency Type Name of Local Public Agency Attest: The City of Canton By Date By Date Name of E6cal Pub i gency Local Public Agency Type Title Canton City Clerk Mayor (SEAL) Printed 12/13/21 Page 5 of 10 BLR 05530(Rev.05/07/21) Executed by the ENGINEER: Consultant Firm Name Attest: Maurer-Stutz, Inc. By Date By Date .,� ,v 12�13�2o2rX21 a�� Title Title Senior Project Engineer ncipal APPROVED: Re ional En ineer, Department of Transportation Date O Printed 12/13/21 Page 6 of 10 BLR 05530(Rev.05/07/21) Local Public Agency County Section Number City of Canton Fulton 21-00110-77-BR EXHIBIT A _ _ _ _ SCOPE 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 required roadway and hydraulic survey. Complete Soil Borings. Complete Abbreviated Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report Prepare needed permits. Make complete general and detailed plans, special provisions, proposals and estimates of cost. Complete needed ROW plats and legal descriptions. Assist the LA in the tabulation and interpretation of the contractors' proposals and prepare needed contracts. Prepare the necessary environmental documents. Prepare/Attend Bi-monthly Coordination Meeting. Complete Public Involvement. Prepare the Project Development Report. Printed 12/13/21 Page 7 of 10 BLR 05530(Rev.05/07/21) Local Public Agency Countv Section Number City of Canton Fulton 21-00110-77-BR EXHIBIT B PROJECT SCHEDULE Project Begins February 1, 2022 Submit Abbreviated BCR and Waiver Request April 15, 2022 ESR Request March 15, 2023 Submit PBD&HR June 1, 2023 Submit Final PDR September 15, 2023 Complete ROW Plats and Legal Descriptions October 15, 2023 Complete PS&E December 12 2023 Anticipated Letting Date March 8, 2024 Project Completion Date May 15, 2024 Printed 12/13/21 Page 8 of 10 BLR 05530(Rev.05/07/21) Local Public Agency Countv Section Number City of Canton Fulton 21-00110-77-BR 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[DOT 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 3 $65.00 $195.00 ❑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) 365 $10.00 $3,650.00 ❑Web Site Actual cost(Submit supporting documentation) ❑Advertisements Actual cost(Submit supporting documentation) F_]J 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]DOT approval) ❑Traffic Control and Protection Actual cost(Requires 2-3 quotes with[DOT 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[DOT approval) ®Structure Borings Cost based on Attached Proposal 1 $4,000.00 $4,000.00 nj Total Direct Costs $7,845.00 Printed 01/28/22 Page 9 of 10 BLR 05530(Rev.05/07/21) Local Public Agency Countv Section Number City of Canton Fulton 21-00110-77-BR Exhibit D Qualification Based Selection(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(e)of the BLRS Manual? 3 Was 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 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). ® ❑ Printed 12/13/21 Page 10 of 10 BLR 05530(Rev.05/07/21) PROJECT LOCATION MAP City of Canton, Fulton County Avenue F (MS 6500) over Big Creek Section 21-00110-77-BR S28 T7N R4E 4t1 P.M. LOCATION cm 131 HCH•���.rt SOUTH t'op BIRCH ��03?F cST Y A wE- L t � C T CM 21X7 ST V 1 hl .. t. h- c��.tvc ST z Lw- J, s°r - - N w U o I'A R V t Ervu 57 7�i 2 w cai CRSS a p a u AS14L7— I SE'Rll C� ST DRILL` ST F- 140".11 Aad PL I_OCOTFAP Y 6B ST 3: . tc �t FAp 98 TY • }}. :��, � >t `.` CHESTNUT 'I 5'CIt7ER'...._i '♦ }r'+i�iS:wvil✓};bi{Xa�:a.a _+'T [iii) EXHIBIT E (jj)Illinois Department COST ESTIMATE OF CONSULTANT SERVICES WORKSHEET of Transportation FIXED RAISE Local Public Agency County Section Number City of Canton I IFult6n 21.=0011'0=77-BR Consultant (Firm) Name Prepared By Date Maurer-Stutz, Inc. George B:;Merkle 12/10/202'1•, ,,: PAYROLL ESCALATION TABLE CONTRACT TERM 28 MONTHS OVERHEAD RATE 160.T3% START DATE 2/1/2022 COMPLEXITY FACTOR " 0 RAISE DATE 7/1/2022 % OF RAISE END DATE 5/31/2024 ESCALATION PER YEAR % of Year First Date Last Date Months Contract 0 2/1/2022 7/1/2022 5 17.86% 1 7/2/2022 7/1/2023 12 43.71% 2 7/2/2023 6/1/2024 11 40.87% The total escalation = 2.44% BLR 05514(Rev. 04/30/21) Payroll Escalation Printed 12/13/2021 1:11 PM Page 1 of 1 Local Public Agency County Section Number lCity of Canton I Fulton 21-00110-77-BR MAXIMUM PAYROLL RATE 78.00 ESCALATION FACTOR 2.44% PAYROLL RATES Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE PE.VI $51.50 $52.76 PE V 41,001 42.00 SE VI $50.001 51.22 PEW $34.17 $35.01 PLS VII $45.00 $46.10 ENG II $29.50 $30.22 S/DT VI $39.50 $40.47 S/DT V $30.25 $30.99 S/DT III $25.00 $25.61 Tech V $30.00 $30.73 Tech II $21.00 $21.51 BLR 05514(Rev. 04/30/21) Payroll Rates Printed 12/13/2021 1:12 PM Page 1 of 1 Local Public Agency County Section Number Icity of Canton I Fulton 21-00110-77-BR COST ESTIMATE WORKSHEET Exhibit E Cost Estimate of Consultant Services.Worksheet Fixed Raise OVERHEAD RATEI 160.73% COMPLEXITY FACTORI 0 OVERHEAD& SERVICES BY %OF GRAND TASK STAFF HOURS PAYROLL FRINGE BENEFITS DIRECT COSTS FIXED FEE OTHERS TOTAL TOTAL Road and Hydraulic Survey 45 1,289 2,071 210 425 3,995 3.03% Existing/Prop ROW,PL and Plats 74.5 2,681 4,309 465 885 8,340 6.33% Roadway Design-Phase 1 223 9,319 14,978 420 3,075 27,792 21.08% Structure Design-Phase 1 198 8,846 14,218 4,320 2,919 30,303 22.98% Roadway Design-Phase II 316 11,593 18,634 1,630 3,826 35,683 27.06% Structure Design-Phase II 165 6,647 10,684 800 2,194 20,325 15.42% Administration&Management 12 519 833 171 1,523 1.16% Quality Assurance 26 1,324 2,128 437 3,889 2.95% Subconsultant DL 0 _ TOTALS 1059.5 42,218 67,855 7,845 13,932 - 131,850 100.00% 110,073 BLR 05514(Rev. 04/30/21) Cost Estimate Worksheet Printed 1/28/2022 9:54 AM Page 1 of 1 Local Public Agency County Section Number City of Canton Fulton 21-00110-77-BR AVERAGE HOURLY PROJECT RATES Exhibit E Cost Estimate of Consultants Services Worksheet Fixed Raise SHEET 1 OF 2 Road and Hydraulic Existing/Prop ROW,PL PAYROLL AVG TOTAL PROJ.RATES Survey and Plats Roadway Design-Phase I Structure Design-Phase I Roadway Design-Phase 11 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 PE VI 52.76 194.5 18.36% 9.69 73' 32.74% 17.27 52.5 1 26.52% 13.99 .44 13.92% 7.35 PE V 42.00 8.0 0.76% 0.32 SE VI 51.22 138.0 13.03% 6.67 6 2.69% 1.38 67 33.84% 17.33 10 3.16% 1.62 PE IV 35.01 351.0 33.13% 1 11.60 8 17.78% 6.22 18 8.07% 1 2.83 56 28.28% 9.90 156 49.37% 17.28 PLS VI I 46.10 31.0 2.93% 1.35 1.5•, 3.33% 1.54 28.5 38.26% 17.64 1 0.32% 0.15 ENG 11 30.22 0.0 S/DT VI 40.47 66.0 6.23% 2.52 - 66 - 29.60% 11.98 S/DT V 30.99 219.5 20.72% 6.42 2.5 5.56% 1.72 .34 45.64% 14.14 60 26.91% 8.34 20 10.10% 3.13 101 31.96% 9.90 S/DT 111 25.61 2.5 0.24% 0.06 2.5 1.26% 0.32 Tech V 30.73 26.5 2.50% 0.77 16.5 36.67% 11.27 6 8.05% 2.48 1 4 1.27% 0.39 Tech II 21.51 22.5 2.12% 0.46 16.5 36.67% 7.89 6 8.05% 1.73 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 1059.5 100% $39.85 45.0 100.00% $28.64 74.5 100% $35.99 223.0 100% 0 0 $41.79 198.0 100/o $44.68 316.0 100/o $36.69 BLR 05514(Rev. 04/30/21) Printed 12/13/2021 1:12 PM Page 1 of 1 Avg Hourly 1 Local Public Agency County Section Number City of Canton I Fulton 21-00110-77-BR AVERAGE HOURLY PROJECT RATES Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise SHEET 2 OF 2 Administration& PAYROLL AVG Structure Design-Phase 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 PE VI 52.76 3 1.82% 0.96 6 50.00% 26.38 16 61.54% 32.47 PE V 42.00 8 4.85% 2.04 SE VI 51.22 47, .. 28.48% 14.59 8- 30.77% 15.76 PE IV 35.01 107 64.85% 22.70 4 33.33% 11.67 2 7.69% 2.69 PLS VII 46.10 ENG II 30.22 S/DT VI 40.47 S/DT V 30.99 2- 16.67% 5.16 S/DT III 25.61 Tech V 30.73 Tech II 21.51 TOTALS 165.0 100% $40.29 12.0 100% $43.21 26.0 100% $50.92 0.0 0% $0.00 0.0 0% $0.00 0.0 0% $0.00 BLR 05514(Rev. 04/30/21) Printed 12/13/2021 1:12 PM Page 1 of 1 Avg Hourly 2 January 27, 2022 Mr. George B. Merkle, PE Maurer-Stutz, Inc. 3116 North Dries Lane; Suite 100 Peoria, Illinois 61604 RE: Proposal for Geotechnical Exploration Services Avenue F Bridge over Big Creek Existing Structure No. 029-4163 Proposed Structure No. 029-4263 Canton, Illinois Dear Mr. Merkle: Thank you for the opportunity to submit a Proposal for geotechnical exploration services for the above referenced Project. The Project intent is to provide geotechnical explorations services for the replacement of bridge Structure No. 029-4163. (See Attachment A). We understand the scope of work is as follows: GEOTECHNICAL PHASE SERVICES 1. Soil Borings: We assume site access is suitable for our truck-mounted rotary drill rig. Three borings to a depth of 50-feet, below current grades are planned for this project. The borings will be advanced until the planned termination depth of 15-feet into shale or until auger refusal is encountered. At completion of exploration activities, all borings will be backfilled with the available auger cuttings. The as-drilled locations may be adjusted to provide adequate working room for our equipment, to avoid known buried obstructions, marked utilities, and to safely advance the borings. 2. Rock Coring (Additional Services if Required): Based on our past project experience in the vicinity of the project, we do not think any rock coring will be required. However, since the underlying topography of the rock surface is anything but predictable, rock (auger refusal) may be encountered during execution of the selected borings'. If rock (auger refusal) is encountered, IMEG will prepare a supplemental agreement for advancement of additional borings. The above geotechnical information will be helpful in establishing a more representative cost estimate for soil drilling and rock coring. Unless staked by the Client, boring locations will be staked by IMEG with manual field methods based on plans and information provided by the Client. 2406 West Nebraska Avenue, Peoria, IL 61604 >309.673.2131 >Fax:309.673.3050 >imegcorp.com Proposal for Geotechnical Exploration Services Canton, Illinois Avenue F Bridge over Big Creek January 27, 2022 Following completion of the soil borings, recovered samples will be examined and subjected to laboratory testing as determined by the geotechnical engineer. Our deliverable for the project will include soil boring logs (IDOT Format) with pertinent information including soil type, N-values, Qu values, moisture content, and ground water levels observed at the time of exploration. ASSUMPTIONS 1. Our proposal does not include restoration of potential rutting or site damage due to the trafficking by our exploratory equipment. Any restoration of the site should be accepted and completed by the Client. 2. IMEG will submit public utility locates through the appropriate entity. Any private utilities should be identified by the Client and conveyed to IMEG prior to providing written notice to proceed. 3. Normal work hours for IMEG are Monday through Friday between 7 AM and 4 PM. If execution of services outside normal working hours is preferred, please contact us as our fee will require a price adjustment. 4. Drawings of the existing project area, underground utilities, proposed improvement plans and specifications will be provided to IMEG. 5. Documents prepared by the Engineer will be prepared based upon reasonable assumptions derived from existing information provided by the Client and from limited observation of accessible and visible existing conditions by the Engineer without the benefit of extensive field measurements and investigation prohibited by expense and inconvenience to the Client. It is understood and agreed that unforeseen conditions uncovered during the progress of.the project may require changes in the project, resulting in additional cost and delay. COMPENSATION We propose to execute the geotechnical exploration services within 20 business days following written notice-to-proceed by the Client, and receipt by IMEG, the services described above for a fixed fee of $4,000. If suitable soils are not encountered at completion of the planned boring depth, IMEG will contact the Client and request permission to advance the boring further. Any additional drilling below the planned boring termination depth with be invoiced at$30/foot (includes laboratory testing of recovered samples). PROJECT EXPENSES The following reimbursable expenses are not included in the above fee and will be invoiced with a 1.1 multiplier of actual cost: 1. Payment of plan review fees or other imposed governmental agency fees. 2. Necessary consultants as approved by Client. 3. Expenses for safety training, background checks, and drug testing to access the site. Page 2of4 Proposal for Geotechnical Exploration Services Canton, Illinois Avenue F Bridge over Big Creek January 27, 2022 4. Project specific insurance coverage riders or amendments necessary to comply with required insurance requirements above current IMEG limits and conditions. 5. Postage and delivery charges. ADDITIONAL SERVICES IMEG can include the following as additional services. Additional services will be performed on a time and material basis using IMEG's standard hourly rates in effect at the time the service is performed, or for a negotiated fee, and only after approved in writing. 1. Negotiations or delays resulting from the client, contractor, or owner's failure to secure right-of- entry for IMEG to complete the work. 2. Any additional crew wait time necessary for access to the site (i.e., locked access gates, equipment, or materials preventing access to the planned boring locations, etc.), site specific badging/training required, or penetration through obstructions will be invoiced at$230/hour. 3. Invasive field takeoff to determine existing conditions that are not readily accessible or visible. 4. Civil, structural, mechanical, electrical, or technology design of any kind. 5. Survey services to reference actual boring locations to a control plan and Client supplied datum. 6. Construction phase services. GENERAL The attached Terms and Conditions dated April 10, 2020 are made a part of this Proposal. This Proposal is valid for 45 days from the date of this offer. We will begin our services following acceptance of this Proposal for Engineering Services. We look forward to working with you and your staff on this project and appreciate this opportunity to be of service. Acceptance may be conveyed via e-mail to the address listed below or by signing this offer and returning it to our office. Sincerely, IMEG CORP. `DI:C-signed by Jolm FaAman '..C,ti,,/tr.s/�•••••. a-JaMJ3.F rp.C JoM Feflman, D=IMEG 201.7 MU-Fellman ' Dato:2022 01.27 15:04:40-06Y10' Scott M. Osmulski John B. Fellman, PE, SE Peoria Operations Manager Senior Principal/Client Executive Scott.M.OsmuIski@imegcorp.com SMO:JBF/rma \\files\Corporate\Teams\COCCC06\_Proposals_LPeoria Office\2022 Proposals\Canton_UAvenue F Bridge\20220127 Avemue F over Big Creek.docx Attachment: Attachment A Boring Map Location �. Page 3 of 4 Proposal for Geotechnical Exploration Services Canton, Illinois Avenue F Bridge over Big Creek January 27, 2022 MAURER-STU1Z, INC. ,4c ped: '1944 Signature �mar-PKOJ ed"�Chgrrlee✓— Yl�urer�� , 'Title ! ZB Zo22. Date �� Page 4of4 * 1M G Attachment A Boring Location Map Avenue F Bridge over Big Creek Canton, Illinois January 27, 2022 w Q VI Vine Sl ! ly Vie 57 W Vin-St- in Z < O O > Z f— Dean Park N w i > LU O Q:: rn LU D Wofi-St \ vtowes: VIollvast � o j Z Fairview North Avenue F --'- - Ca:s PI Cass PI Cassel > D LU coLO s I / z - Country Line I r i wSpni-st- V!$ntcaSt Ba ano Grill � r9 IL er! Dad's Garage-ustoms m / ' ®®® 0 Canton Inn ® Project N 3.6�• 1x31 j - Chuck Taylor-State '_-sur nc;ei Location _ ,is t Q - Farm Insurance Agent :o Repair® i This That 8 Mower Jeep Canton Public Works AutoOrts?ose�- Q _ -- > bpq > wYrn Z i O Street&Sanitation Paula's Creations o 0 o Q w 0 O Q Q ® wParlin-Ingersoll® Wesley Un U Z j CentrlL Windos Public Library t:fethodist Chi m U J Q Amanda's Collectibles w c7 U 7emperan;� dosed% w on Z O ::D CE: O J - - - - W ChP,,,l i St _ Vi Chestnut St - _W Chestnut St __,___---`--w Chestnut 5t_ - .- _ w Chestnut St j > Z H 0 Edpewood Pi Barnhart,Tins First Christian Cnurch® &Lan' IMEG Project No. \ei9 Gfe ek— , / `t - _ Vr Elm v Elm s; - yr Ehn St_ : St.. Drawn By:SMO \ ' y Google MldAmenca a—=—i Checked By:SMO Date:2022.01.27 N 't A-1 Sheet 1 of 2 NA CD m I W G) i - ► �'r o m , z f 21, t♦ r . ,t ft J REVISIONS (D (D AVENUE F BRIDGE 3 No Q co m OVER BIG CREEK �4 No DESCRIPTION DATE (D D N W K _U CANTON, ILLINOIS N N o 6 ":< (/) E3 I M E G K p N O z 2406 West Nebraska Avenue ° Soil Boring Plan Peoria, Illinois 61604 TERMS AND CONDITIONS Standard of Care:Services provided by IMEG Corp.(hereinafter referred to as'the Engineer')under this Agreement will be performed in accordance with generally accepted professional practices in a manner consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same or similar location. Client Responsibilities:The Engineer shall be entitled to rely on the accuracy of documentation presented to it by Client. In the event of updates or changes to any documentation provided to the Engineer in furtherance of its services,the Client is responsible for advising Engineer's personnel of such updates or changes in writing. Additional Services:When additional services beyond the defined scope of work are requested,an amendment or change order will be prepared by the Engineer and approved by the Client prior to commencing work.Client's approval by email or payment of proposed additional services shall be deemed binding.Additional services shall be performed on a time and material basis or for a negotiated fee. Compensation:Services provided by the Engineer on a time and material basis shall be performed in accordance with the Engineer's current fiscal year Standard Hourly Rate Schedule in effect at the time of performance.This schedule is updated yearly and is available upon request. Performance:The Engineer has multiple offices and has professional service agreements for additional engineering and production assistance.The Engineer may use any office or professional service in the completion of services required for the Project.The Engineer shall perform work pursuant to an agreed-upon schedule and consistent with the orderly progress inherent in the Engineer's Standard of Care.Work performed in the States of New York or North Carolina may be performed by VPH Engineering Services,P.C.utilizing the Engineer's processes and standards. Billing/Payment:The Client agrees to pay the Engineer for all services performed and all costs incurred.Invoices for the Engineer's services shall be submitted either upon completion of such services or on a monthly basis.Invoices shall be due and payable within 30 days of invoice date(direct)or 15 days from payment by Owner (consultant).Client shall notify the Engineer of any objections to the invoice within five working days of receipt and agrees to pursue, in good faith, all payments owed to the Engineer for services rendered. Payment of any invoice indicates Client's acceptance of this Agreement,these Terms&Conditions,and satisfaction with the Engineer's services.Payment of invoices is in no case subject to unilateral discounting,back-charges,or set-offs by the Client,and payment is due regardless of suspension or termination of this Agreement by either party.Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 120 days after the billing, the Engineer may institute collection action and the Client shall pay all costs of collection,including reasonable attorney's fees. Indemnification:The Client agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Engineer,its directors,employees and agents against claims,damages,liabilities and costs arising from and in proportion to the negligent acts or failure to act of Client and its directors,employees and agents in the performance of services under this Agreement on a comparative basis of fault.The Client shall not be obligated to indemnify the Engineer and its directors,employee and agents for their own negligence or the negligence of others.The Engineer agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Client,its directors,employees and agents against claims,damages, liabilities and costs arising from and in proportion to the negligent acts or failure to act of the Engineer and its directors,employees and agents in the performance of services under this Agreement on a comparative basis of fault.The Engineer shall not be obligated to indemnify the Client and its directors,employee and agents for their own negligence or the negligence of others.The other provisions of this Agreement notwithstanding,in the event of any claim within the purview of the indemnification provisions of this section,each indemnitee shall control its defense,and at the time of claim resolution each indemnitor shall provide reimbursement for any reasonable defense cost,recoverable by law,caused by any negligence or other fault by or attributable to each indemnitor as determined by a competent trier of fact.As such,the parties recognize and expressly acknowledge that the duty to defend is not applicable to this Agreement and wholly separate and distinct from the duty to indemnify and hold harmless as set forth in this section. Insurance:The Engineer shall obtain and maintain the following insurance coverages:Commercial General Liability,Automobile Liability, Umbrella/Excess Liability, Workers Compensation/Employer's Liability,and Professional Liability.Certificates of insurance will be provided to the Client upon request.When stipulated by the Parties, Commercial General Liability, Automobile Liability, Umbrella/Excess Liability,Workers Compensation/Employer's Liability shall be written or endorsed to include named additional insureds,primary/non-contributory coverage,and other coverages subject to all terms,exclusions and conditions of the policies and any limitations as to coverage amounts as agreed upon by the Parties. Certifications, Guarantees and Warranties:The Engineer shall not be required to execute any document or make any promise that would result in the Engineer certifying,guaranteeing or warranting the existence of any conditions. Assignment:Neither party to this Agreement shall transfer,sublet or assign any rights or duties under or interest in this Agreement, including,but not limited to, monies that are due or monies that may be due,without the prior written consent of the other party,which shall not be unreasonably withheld.Subcontracting to subconsultants, normally contemplated by the Engineer as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement. Dispute Resolution:Any claims or disputes between the Client and the Engineer arising out of the services to be provided by the Engineer or out of this Agreement shall be submitted to non-binding mediation. The Client and the Engineer agree to include a similar mediation agreement with all contractors, subconsultants, subcontractors,suppliers and fabricators,providing for mediation as the primary method of dispute resolution among all parties.The laws of the State where the project is located govern the validity of this Agreement,its interpretation and performance.Any litigation arising in any way from this Agreement shall be brought in the courts of that State. Construction Means and Methods: The Engineer shall not be responsible for, nor have control over or charge of, construction means, methods, sequences, techniques, or procedures, or for any health or safety precautions. Neither Client nor the Engineer shall hold the other responsible for damages or delays in performance caused by acts of God,strikes,walkouts,accidents, Government acts,or other events beyond the control of the Client's or the Engineer's directors, employees,agents,or consultants. Construction Observation:When the Engineer does not explicitly provide construction observation services within its written scope of work, it is agreed that the professional services of the Engineer do not extend to or include the review or site observation of the contractor's work, performance, or pay request approval. During construction,the Client assumes the role of the engineer and will hold harmless the Engineer for the contractor's performance or the failure of the contractor's work to conform to the design intent and the contract documents. Project Signs: Project signs displayed at the construction site shall include "IMEG Corp." as the Engineer. Articles for publication regarding this project shall acknowledge IMEG as the Civil,Structural,Mechanical,Electrical and/or Technology Engineer,as applicable. Adjustments,Changes or Additions: It is understood that adjustments, changes,or additions may be necessary during construction.A contingency fund shall be maintained until construction is completed to pay for field changes, adjustments, or increased scope items.All change order amounts requested by contractors constructing Engineer-designed systems shall be submitted to the Engineer for review prior to being approved by contract holder.The Engineer will not approve amounts requested that are above a normal bid amount for the work involved.In no case will costs be assessed to the Engineer at the discretion of the contractor, the Client,or the Owner without prior agreement and approval of the Engineer.The Engineer shall not be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. Ownership:All drawings,specifications, BIM and other work product of the Engineer developed for this Project are instruments of service owned by the Engineer. The Engineer shall provide Client with a license to use said instruments of service for purposes consistent with successful project completion,including extensions, \\files\Corporate\Teams\CQCCC06\_Proposals\_Peoria Office\2022 Proposals\Canton_IL\Avenue F Bridge\20220127 Avemue F over Big Creek.docx if mutually agreed.Reuse of any instruments of service of the Engineer by the Client,or others acting for the Client,for any other use without the express written permission of the Engineer shall be at the Client's risk.Client agrees to defend, indemnify and hold harmless the Engineer for all claims,damages and expenses, including reasonable attorney's fees,arising out of unauthorized use of the Engineer's instruments of service. Electronic Files:The Client hereby grants permission for the Engineer to use electronic background information produced by the Client in the completion of the project.The Client also grants permission to the Engineer to release Engineers'documents (including their backgrounds)electronically to Client,contractors,and vendors as required in the execution of the project. Employment: For the duration of this contract, plus six (6) months from the date of final payment received, neither the Engineer nor Client, nor their respective agents,will offer employment or contact any person for such purposes who is or was employed by the Engineer,Client or their agents for the period of performance of this contract. Termination:The Client or the Engineer may,after giving seven(7)days written notice,terminate this agreement and the Engineer shall be paid for services provided up to the termination notice date, including reimbursable expenses due plus termination expenses.Termination expenses are defined as reimbursable expenses directly attributed to the termination.Until said reimbursable expenses are paid,The Engineer shall not provide any outstanding instruments of services or any other deliverable generated under this Agreement. Survivability:In the event any provisions of this agreement shall be held to be invalid and unenforceable,the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision,term,condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party.Additionally,there shall be no legal presumption against the drafter of this Agreement in the event of a dispute as to the enforceability and/or interpretation of this Agreement. Limitation of Liability:It is agreed that the Maximum Aggregate Liability of the Engineer arising out of or related to this Agreement and for all work performed on this project,whether based in contract or tort, in law or equity or for negligent acts, errors,or omissions,and all claims, losses, costs, damages, cost of defense, or expenses from any cause, including Client, Contractors,and Attorney fees, will be limited to the greater of the compensation actually paid to the Engineer for all work performed under this Agreement or$25,000.This limitation of liability has been agreed upon after Client and the Engineer discussed the risks and rewards associated with the Project,as well as the provision of the services within both the obligations of this Agreement and the associated compensation.Upon written request by Client,the parties may negotiate in good faith and mutually agree, by way of a written Change Order or Amendment, to increase the amount of this liability limitation.As used in this section"Engineer"includes all of the Engineer's agents,affiliates,subconsultants and subcontractors,and their respective partners, officers,directors,shareholders and employees.The limitation of liability established in this section shall survive the expiration or termination of this Agreement. Risk Allocation:The Engineer's liability to the Client for injury or damage to persons or property arising out of work performed for the Client and for which liability may be found to rest upon the Engineer, other than for professional errors, omissions or negligence,will be limited to the Engineer's general liability insurance coverage of$1,000,000. Hazardous Environmental Conditions:Unless expressly stated in writing,the Engineer does not provide assessments of the existence or presence of any hazardous or other environmental conditions or environmental contaminants or materials("Hazardous Environmental Conditions"). Client shall inform the Engineer of any and all known Hazardous Environmental Conditions before services are provided involving or affecting them. If unknown Hazardous Environmental Conditions are encountered,the Engineer will notify the Client and,as appropriate,government officials of such conditions.the Engineer may,without liability or reduction or delay of compensation due, proceed to suspend services on the affected portion of the project until Client takes appropriate action to abate, remediate, or remove the Hazardous Environmental Condition.The Engineer shall not be considered an "arranger", "operator", "generator", "transporter", "owner",or"responsible party" of or with respect to contaminants, materials or substances. The Engineer shall assume no liability whatsoever for correction of any Hazardous Environmental Conditions;and shall be entitled to payment or reimbursement of expenses,costs or damages occasioned by undisclosed Hazardous Environmental Conditions. Buried Utilities:Client shall be responsible for designating the location of all utility lines and subterranean structures within the property lines of the Project. Client agrees to waive any claim against the Engineer and to defend,indemnify and hold the Engineer harmless for any claim or liability for injury or loss arising from the Engineer or other persons encountering utilities or other manmade objects that were not brought to the Engineer's attention or which were not properly located on the plans furnished to the Engineer.Client further agrees to compensate the Engineer for any and all time,costs and expenses incurred by the Engineer in defense of,any such claim,in accordance with the Engineer's then effective standard hourly fee schedule and expense reimbursement policy. Boundary Conflict: Boundary determinations occasionally disclose unseen or unknown conflicts between the record documents and the location of physical improvements.Upon discovery of any latent or patent ambiguity,uncertainty,or dispute disclosed by the records or by placement of the boundaries on the ground, work on the boundary survey will be suspended and you will be immediately notified.The Engineer will present alternatives for possible resolution and any additional work required to achieve resolution will be negotiated. If you should choose to forego resolution,all work completed to date will be invoiced for payment and the project file will be archived by the Engineer for future resolution. If you choose resolution, the Engineer will act as your mediator, consultant and expert until satisfactory resolution is achieved.Upon resolution,this initial agreement will be reinstated and completed in accordance with its initial terms subject to potential interim rate increases. Force Majeure:Except as hereinafter provided,no delay or failure in performance by Client or the Engineer shall constitute a default under this Agreement if and to the extent the delay or failure is caused by Force Majeure. Unless the Force Majeure frustrates performance of the Services, Force Majeure shall not operate to excuse,but only to delay,performance of the Services.If Services are delayed by reason of Force Majeure,the Engineer promptly shall notify Client.Once the Force Majeure event ceases,the Engineer shall resume performance of the Services as soon as possible. "Force Majeure" means any event beyond the control of the Party claiming inability to perform its obligations and which such Party is unable to prevent by the exercise of reasonable diligence,including,without limitation,the combined action of workers, strikes, embargoes, fire, acts of terrorism, explosions and other catastrophes, casualties, a moratorium on construction, delays in transportation,governmental delays in granting permits or approvals,changes in laws,expropriation or condemnation of property,governmental actions,unavailability or shortages of materials, national emergency,war,acts of terrorism,cyber-attacks,civil disturbance,floods,unusually severe weather conditions or other acts of God or public enemy. Inability to pay or financial hardship,however,shall not constitute Force Majeure regardless of the cause thereof and whether the reason is outside a Party's control. Other Terms and Conditions:The Terms and Conditions set forth in this Agreement shall not be superseded by any additional or alternate terms and conditions presented by the Client or any other Party whether contained in invoices or in any other form unless mutually executed,in writing,by the Engineer and Client. Equal Employment Opportunity/Rights Under Federal Labor Laws 1. The equal opportunity clause of 41 CFR§60-1.4(a)is hereby incorporated by reference as if fully set forth herein. 2. The equal opportunity clause of 41 CFR§60-741.5(a)is hereby incorporated by reference as if fully set forth herein.This contractor and subcontractor shall abide by the requirements of 41 CFR 60-741.5(a).This regulation prohibits discrimination against qualified individuals on the basis of disability,and requires affirmative action by covered prime consultants and subconsultants to employ and advance in employment qualified individuals with disabilities. 3. The equal opportunity clause of 41 CFR §60-300.5(a)is hereby incorporated by reference as if fully set forth herein.This contractor and subcontractor shall abide by the requirements of 41 CFR 60-300.5(a).This regulation prohibits discrimination against qualified protected veterans,and requires affirmative action by covered prime consultants and subconsultants to employ and advance in employment qualified protected veterans. 4. The employee notice clause of 29 CFR§471,Appendix A to Subpart A is hereby incorporated by reference as if fully set forth herein. 4` W 5. Employer Reports on Employment of Protected Veterans(41 CFR§61-300.10) a. The Engineer agrees to report at least annually,as required by the Secretary of Labor,on: 1) The total number of employees in the workforce of the Engineer,by job category and hiring location,and the total number of such employees,by job category and hiring location,who are protected veterans; 2) The total number of new employees hired by the Engineer during the period covered by the report,and of such employees,the number who are protected veterans;and 3) The maximum number and minimum number of employees of the Engineer at each hiring location during the period covered by the report. 4) The term"protected veteran"refers to a veteran who may be classified as a"disabled veteran,"recently separated veteran,"active duty wartime or campaign badge veteran,"or an"Armed Forces service medal veteran,"as defined in 41 CFR 61-300.2. b. The above items must be reported by completing the report entitled"Federal Contractor Veterans'Employment Report VETS-4212." C. VETS-4212 Reports must be filed no later than September 30 of each year following a calendar year in which the Engineer held a covered contract or subcontract. d. The employment activity report required by paragraphs(a)(2)and(a)(3)of this clause must reflect total new hires and maximum and minimum number of employees during the 12-month period preceding the ending date that the Engineer selects for the current employment report required by paragraph (a)(1)of this clause.The Engineer may select an ending date: 1) As of the end of any pay period during the period July 1 through August 31 of the year the report is due;or 2) As of December 31,if the Engineer has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1,Standard Form 100(EEO-1 Report). e. The number of veterans reported according to paragraph (a)above must be based on data known to the Engineer when completing their VETS-4212 Reports.The Engineer's knowledge of veterans status may be obtained in a variety of ways,including, in response to an invitation to applicants to self- identify in accordance with 41 CFR 60-300.42,voluntary self-disclosures by employees who are protected veterans,or actual knowledge of an employee's veteran status by the Engineer.Nothing in this paragraph(e)relieves the Engineer from liability for discrimination under 38 U.S.C.4212. Rev.04/10/20 4ti M 2022 STANDARD HOURLY RATES Peoria Office-'Field Services (Rates adjusted annually) Client Executive $185 Senior Civil Engineer $145 Civil Project Engineer $125 Civil Engineer $115 Geotechnical Engineer III $175 Geotechnical Engineer II $160 Geotechnical Engineer 1 $125 Geotechnical Designer IV $90 Geotechnical Designer 111 $80 Land Surveyor III $150 Land Surveyor 11 $130 Land Surveyor $120 Senior Survey Technician $100 Survey Technician III $95 Survey.Technician II $75 Survey Technician 1 $65 Senior Construction Administrator $100 Construction Administrator $90 Senior Field Technician $80 Field Technician IV $70 Field Technician III $60 Field Technician II $55 Field Technician 1 $50 Administrative Assistant $50 CMT Local Testing-Half-Day $245 CMT Local Testing- Full-Day $400