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HomeMy WebLinkAboutResolution #3651. ; ,_ _.. r Illinois Department of Transportation Division of Highways /District 4 401 Main Street /Peoria, Illinois / 61602-1111 Telephone 309/671-3333 June 25, 2003 CITY MFT City of Canton Section 02-00046-O1-BR Bridge Repairs on Vine Street over Big Creek Improvement Resolution/Engineering Services Agreement Ms. Nancy Whites City Clerk 210 E. Chestnut Street Canton, IL 61520 Dear Ms. Whites: The resolution adopted by the City Council on June 7, 2003, appropriating $11,000.00 of motor fuel tax funds for the above section is approved. The agreement for preliminary engineering services dated June 6, 2003, for professional services performed in connection with the above section is also approved. The improvement consists of repair to the superstructure, replacing curb and gutter, filling in eroded areas, and other collateral work. Very truly yours, Joseph E. Crowe, P.E. District ngineer ~~~~ By: L. Scot LaSalle, P.E. District Local Roads Engineer GBM:Iah cc: Mr. D. Lewis Maurer-Stutz, Inc. (Canton) D4 MFT Auditor Engineering File File s:\gen\winword\merkle\impresltrcanton02-00091-00-pv.doc O Illinois Department of Transportation BE IT RESOLVED, by the Council ~ ~~sl Resolution for Improvement by Municipality Under the Illinois Highway Code Msl #233-03070 Council or President and Board of Trustees City of Canton City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Construction of the Illinois Name of Thoroughfare Route From To Vine Street Brid e Over Bi Creek SN. 029-6001 BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of the engineering service to prepare plans, specifications and contract documents to repair the superstructure, replace curb and gutter and fill in erosion areas at above described location. and shall be constructed N/A and be designated as Section 02-00046-01-BR 2. That there is hereby appropriated the (additional ^ Yes ~ No) sum of Eleven Thousand and no/100 wide Dollars ( $11,000.00 )for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by BE IT FURTHER RESOLVED, that the Clerk is hereby district office of the Department of Transportation. Gpntract ;and, ecity Contractor Day Labor to transmit two certified copies of this resolution to the APPROVED ~~,~~ Zs, Zn03 Date Department of Transportation istrict Engineer 1, ~~'"'~'-~~i~es Clerk in and for the City of Canton City, Town or Village County of Fulton ,hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees at a meeting on J>me 17 2003 Harp IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 13t~Z day of Jtme 2003 (SEAL) City Clerk City, Town or Village BLR 4103 (Rev. 11/00) MSI #233-03070 Municipality L Name Canton ~~ ~ OPn1t ~ Maurer & Stutz Inc. C ~ TI'at1Sj~O~B ~ O , Township L S Address Preliminary Engineering U 7615 North Harker Drive S i ~ A erv ces Agreement coup ty G For T cit y Fulton E Motor Fuel Tax Funds A Peoria Section C T State 02-00046-01-BR y IL THIS AGREEMENT is made and entered into this ~ day of June 2003 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name Vlne Street Bridae over Bia Creek Route FAU 6882 Length 0.03 Mi. 80.50 FT (Structure No. 029-6001 ) Termini Vine Street Bridge over Big Creek, NW-27-T7N-R4E, Fulton County Description: The engineering service to prepare plans, specifications and contract documents to repair the superstructure, replace curb and gutter and fill in erosion areas at above described location. Agreement Provisions The Engineer Agrees, 1. To pertorm or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvements herein before described, and checked below: a. ^ Make such detailed surveys as are necessary for the preparation of detailed roadway plans b. ^ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation of detailed bridge plans. c. ^ Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles an analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ^ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ^ Prepare Army Corps of Engineers Permit, Department of Natural Resources-Office of Water Resources Permit, Bridge waterway sketch, and/or Channel Change sketch, Utility plan and locations, and Railroad Crossing work agreements. f. ®Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. g. ®Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. Note: Four copies to be submitted to District Engineer BLR 4301 (Rev. 5/2000) D-an~ 1 ..f ~ h. ^ Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easement and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. i. ^ Assist the LA in the tabulation and interpretation of the contractors' proposals j. ®Prepare the necessary environmental documents in accordance with the procedures adopted by the DEPARTMENT'S Bureau of Local Roads & Streets. k. ®Prepare the Project Development Report when required by the DEPARTMENT. (2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT, will be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the DEPARTMENT. (3) To attend conferences at any reasonable time when requested to do so by representatives of the LA or the Department. (4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or survey corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the Contractor. (5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. (6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. The iLA Agrees, 1. To pay the ENGINEER as compensation for all services performed as stipulated in paragraphs 1 a, 1 f, 1 g, 1 i, 1 j, 1 k, 2, 3, 5 and 6 in accordance with one of the following methods indicated by a check mark: a. ®A sum of money equal to 11000.00 Lump sum as approved by the Department. b. ^ A sum of money equal to the percent of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Under $50,000 Percentage Fees (see note) Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum. 2. To pay for services stipulated in paragraphs 1 b, 1 c, 1 d, 1 e, & 1 h, of the ENGINEER AGREES at actual cost of performing such work plus 185 percent to cover profit, overhead and readiness to serve - "actual cost" being defined as material cost plus payrolls, insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may sublet all or part of the services provided under the paragraph 1 b, 1 c, 1 d, 1 e, 1 f, 1 h, 1 j & 1 k. If the ENGINEER sublets all or part of this work, the LA will pay the cost to the ENGINEER plus a five (5) percent service charge. BLR 4301 (Rev. 5/2000) Page2of4 • "Cost to Engineer" to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services pertormed. If the personnel of the firm, including the Principal Engineer, perform routine services that should normally be pertormed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. 3. That payments due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been pertormed in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposals and estimate of cost -being the work required by paragraphs 1a through 1g under THE ENGINEER AGREES - to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee due under this AGREEMENT based on the approved estimate of cost. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee due under the AGREEMENT based on the awarded contract cost, less any amounts paid under "a" above. By Mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. 4. That, should the improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a, through 1 h and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual costs plus 185 percent incurred up to the time he is notified in writing of such abandonment -"actual cost" being defined as in paragraph 2 of THE LA AGREES. That, should the LA require changes in any of the detailed plans, specifications or estimates except for those required pursuant to paragraph 4 of THE ENGINEER AGREEs, after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus ~ g5 percent to cover profit, overhead and readiness to serve -"actual cost" being defined as in paragraph 2 of THE LA AGREES. It is understood that "changes" as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans and specifications. It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits, agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability. BLR 4301 (Rev. 5/2000) Page 3 of 4 IN WITNESS WHEREOF, the parties have caused the AGREEMENT fo be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers. Executed by the lA: City of Canton of the (Municipality/Townsh ip/County) ATTEST: State of Illinois, acting by and through its gy ~ City Councisl Clerk By (Seal) Title Wit., ,_ __~,...~ Executed by the ENGINEER: A a T Maurer-Stutz, Lnc. 615 North Harker Drive Peoria II. 61615 By _ av' E Title Pre ' nt BLR 4301 (Rev. 5/2000) Page 4 of 4 ;. ~4 :: 'Start' ,End Notice to Proceed Prepare BCR and Prepare Prelim. Bridge 6-23-03 & Hydraulic Report 6-23-03 IDOT Review 7-21-03 Project Development Report 8-25-03 Preparation of PSE (Final) 8-25-03 7-21-03 8-22-03 9-2-03 10-3-03 MA06ER-STUTZ, Ir~C. HOURLY RATE SCHEDULE PROFESSIONAL LAND SURVEYOR I .................................... 85.00 PROFESSIONAL LAND SURVEYOR II ................................... 90.00 PROFESSIONAL LAND SURVEYOR III ................................... 108.00 FOUR MEMBER SURVEY CREW ....................................... 165.00 THREE MEMBER SURVEY CREW ...................................... 140.00 TWO MEMBER SURVEY CREW ........................................ 105.00 ONE MEMBER SURVEY CREW ......................................... 63.00 TECHNICIAN ........................................................ 30.00 TECHNICIANI ....................................................... 35.00 TECHNICIAN II ....................................................... 45.00 TECHNICIANiII ...................................................... 50.00 SENIOR TECHNICIAN ................................................ 55.00 TECHNOLOGIST ..................................................... 63.00 CONSTRUCTION TECHNOLOGIST ...................................... 75.00 ENGINEERI ......................................................... 55.00 ENGINEER II ........................................................ 60.00 ENGINEER III ........................................................ 65.00 ENGINEER IV ........................................................ 70.00 PROFESSIONAL ENGINEER I .......................................... 75.00 PROFESSIONAL ENGINEER II .......................................... 80.00 PROFESSIONAL ENGINEER III ......................................... 85.00 PROFESSIONAL ENGINEER IV ......................................... 93.00 PROFESSIONAL ENGINEER V ........................................ 98.00 PROFESSIONAL ENGINEER VI ........................................ 108.00 STRUCTURAL ENGINEER I ............................................ 80.00 STRUCTURAL ENGINEER II .......................................... 85.00 STRUCTURAL ENGINEER III .......................................... 120.00 GEOLOGIST i ........................................................ 65.00 GEOLOGIST !I ....................................................... 70.00 ENVIRONMENTAL MANAGER .......................................... 85.00 CLERICAL .......................................................... 35.00 PROJECT ADMINISTRATOR ............................................ 65.00 Effective Date: 8/1 /02 r =~ N w~ f0 N ` C N C,L".'~N.Q~ C O y IU ~~ ~ ~ ~.E~ E .D== o c o,~^o c ~'E ~~N c c~ c ~ m~`oy•-mo°o W m ~ mEm° mod ~~~c~w' UE W cw '- E Q ~ N N a~ ~ o c~~ ~ °acia~ pE3c waooo.rca~v, Y m~ ~ o f rn~ ~r °,o o° y aE m-~ c O _ N U cn O O W ui ~ o c cyo rn~ `° a~ ~ p c•°.n ac.c~.v', = c E E c'~ m ~p aa°'i •y~'> ~- m'3v=o U o ~ E ~~2 o a'~ ~ o,N O~ a~ E•a3= ~m y rno N m E c y ~.c ~ c a° a°~ »-~ U c m N N p O V L vi - .f0 vl ~~ •= L N° ?` -O Y c E a~ ~ ~~~ o° ~ c°i ° coi•yw °~ E o u a. ~ E c ~ > o ~ mm u, ~•0 3 cv ~ °~ N yf°a°~y v~~E ~f0o~ a?,N~•f0caoc•- ~p 2s •~ ~ E_ °~•~c E `~ ~m ~ m~ NU o U ~mrv_, a~~.~r >.aco~,~ny>>, c•o ~•c ~L a•o - ~ ma ~L m ~ ° ~? u, c m c_ o m.~p°.C o o.~p°' o N E o ~_ ~ ~ ca W 'O r .r .r C w f0 L~ "~ u) N U.L.. ~ O O-C >, N Uwµ"~ ~.. 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O W ~~ C O ~ "' d y ~ O Vl U `' L L ~ ~0 •O 'C ~0 N L '~ .a N O m a~ '~ m o ° p 3 m °• c° o ~ 3~ 3 c m N m °- U.N c o rn y N~ w- ~ ~ ~ m• ~ 'voEEE ~Orn 'm o c o N N ~° c o c.n N N E~ Nw o o h 'o .3 .E E ~° o>`'~ m _ oaoca °~ m __ ,,..m mo,~ m m coo ° °v, ~ m m ~ c ~ ~ ~ E ° •3 ~•~a ~'_~ L °~ o c _•'-' ~ cow N ~~ ~ c•_> w c•¢ w ~ m OL a~ = o ~'E"E•ca := c a~°i `~-~ o .SL ~ ~•~ •3 = ~ a~ aci co d _ -rcn..Nz` oo Wo sEo~oa~a .~9co°mc .cN~c,N sLC°~~°- N ~ aci~° ~rn mo Fmco~~m t-a~~~a F--3m-o H3°wp~ U ~~~~ ~ (~•~ W ~ ~ ~ v -o m _ _ ~II O_ ~ O ~ C U ~~ °U a U n v ~~3651 Construction Illinois De artment Resolution for Improvement by p Municipality Under the Illinois of Transportation Highway Code BE IT RESOLVED, by the Council of the Council or President and Board of Trustees City of Canton Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Vine Street Brid a Over Bi Creek SN. 029-6001 BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of the engineering service to prepare plans, specifications and contract documents to repair the superstructure, replace curb and gutter and fill in erosion areas at above described location. and be designated as Section 02-00046-01-BR 2. That there is hereby appropriated the (additional ^ Yes ^ No) sum of Eleven Thousand and no/100 wide Dollars ( $11,000.00 )for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by ;and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. APPROVED Date Department of Transportation District Engineer I NaT1Cy T~11t.eS City of City, Town or Village County of Fulton and shall be constructed N/A Canton Clerk in and for the hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees at a meeting on Jtme 17, 2003 nary IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this lgth day of Jlme 2003 (SEAL) y i ~ ~~,f ~ City Clerk City, Town or Village BLR 4103 (Rev. 11/00) Illinois Department of Transportation For District Use Only Transaction Number Date Checked by Request for Expenditure/Authorization of Motor Fuel Tax Funds Municipality Canton Countv Fulton Rd. District Section 02-00046-01-BR I hereby request authorization to expend Motor Fuel Tax Funds as indicated below. Purpose Amount Contract Construction ............................................................................................................................... Day Labor Construction ........................................................................................................................... Right-of-Way (Itemized On Reverse Side) ................................................................................................ Engineering ............................................................................................................................................... 11,000.00 Maintenance Engineering ......................................................................................................................... Engineering Investigations ........................................................................................................................ Other Category .......................................................................................................................................... Obligation Retirement ............................................................................................................................... Maintenance .............................................................................................................................................. Co. Eng./Supt. Salary & Expenses (Period from to ) IMRF or Social Security ............................................................................................................................ Interest ................................... ------- Total $ 11,000.00 Comments Date C, - ~~ 2003 Signed by ~~ Mayor (Title of O ial) BLR 4201 (Rev. 6/2000) Page 1 of 2 unicipality Canton L O Illinois De ment P~ . C Name Maurer & Stutz Inc. ~ of Transportation o , Township L S Address Preliminary Engineering ~ 7615 North Harker Drive County A Services Agreement L city G For T Fulton E Motor Fuel Tax Funds A Peoria Section C T State 02-00046-01-B R y I L THIS AGREEMENT is made and entered into this day of June 2003 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name Vlne Street Bridge over Big Creek Route FAU 6882 Length 0.03 Mi. 80.50 FT (Structure No. 029-6001 Termini Vine Street Bridge over Big Creek, NW-27-T7N-R4E, Fulton County Description: The engineering service to prepare plans, specifications and contract documents to repair the superstructure, replace curb and gutter and fill in erosion areas at above described location. Agreement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvements herein before described, and checked below: a. ^ Make such detailed surveys as are necessary for the preparation of detailed roadway plans b. ^ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation of detailed bridge plans. c. ^ Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles an analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ^ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ^ Prepare Army Corps of Engineers Permit, Department of Natural Resources-Office of Water Resources Permit, Bridge waterway sketch, and/or Channel Change sketch, Utility plan and locations, and Railroad Crossing work agreements. f. ®Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. g. ®Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. Note: Four copies to be submitted to District Engineer BLR 4301 (Rev. 5/2000) Page 1 of 4 h. ^ Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easement and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. i. ^ Assist the LA in the tabulation and interpretation of the contractors' proposals j. ® Prepare the necessary environmental documents in accordance with the procedures adopted by the DEPARTMENT'S Bureau of Local Roads & Streets. k. ® Prepare the Project Development Report when required by the DEPARTMENT. (2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT, will be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the DEPARTMENT. (3) To attend conferences at any reasonable time when requested to do so by representatives of the LA or the Department. (4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or survey corrections are necessary, the ENGINEER agrees that he wilt perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the Contractor. (5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. (6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. The LA Agrees, 1. To pay the ENGINEER as compensation for all services performed as stipulated in paragraphs 1 f, 1 g, 1j, 1 k, 2, 3, 5 and 6 in accordance with one of the following methods indicated by a check mark: a. ®A sum of money equal to 11000.00 Lump sum as approved by the Department. b. ^ A sum of money equal to the percent of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Under $50,000 Percentage Fees (see note) Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum. 2. To pay for services stipulated in paragraphs of the ENGINEER AGREES at actual cost of performing such work plus 185 percent to cover profit, overhead and readiness to serve - "actual cost" being defined as material cost plus payrolls, insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may sublet all or part of the services provided under the paragraph If the ENGINEER sublets all or part of this work, the LA will pay the cost to the ENGINEER plus a five (5) percent service charge. BLR 4301 (Rev. 5/2000) Page 2 of 4 "Cost to Engineer" to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm, including the Principal Engineer, perform routine services that should normally be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. 3. That payments due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been performed in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposals and estimate of cost -being the work required by paragraphs 1a through 1g under THE ENGINEER AGREES - to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee due under this AGREEMENT based on the approved estimate of cost. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee due under the AGREEMENT based on the awarded contract cost, less any amounts paid under "a" above. By Mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. 4. That, should the improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a, through 1 h and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual costs plus ~ 85 percent incurred up to the time he is notified in writing of such abandonment "actual cost" being defined as in paragraph 2 of THE LA AGREES. 5. That, should the LA require changes in any of the detailed plans, specifications or estimates except for those required pursuant to paragraph 4 of THE ENGINEER AGREEs, after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus ~ 85 percent to cover profit, overhead and readiness to serve "actual cost" being defined as in paragraph 2 of THE LA AGREES. It is understood that "changes" as used in this paragraph shall in noway relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans and specifications. It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits, agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability. BLR 4301 (Rev. 5/2000) Page 3 of 4 IN WITNESS WHEREOF, the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers. Executed by the LA: ATTEST: By (Seal) Executed by the ENGINEER: ATTEST: By City of Canton of the (Municipality/Township/County) State of Illinois, acting by and through its Clerk By Title Ma or Joseph D. Stutz, PE, PLS Title Executive Vice President Maurer-Stutz, Inc. 7615 North Harker Drive Peoria, IL 61615 By David L. Maurer, PE, SE Title President BLR 4301 (Rev. 5/2000) Page 4 of 4 MAURER-STUTZ, INC. HOURLY RATE SCHEDULE PROFESSIONAL LANDSURVEYORI .................................... 85.00 PROFESSIONAL LAND SURVEYOR II ................................... 90.00 PROFESSIONAL LAND SURVEYOR III ................................... 108.00 FOUR MEMBER SURVEY CREW ....................................... 165.00 THREE MEMBER SURVEY CREW ...................................... 140.00 TWO MEMBER SURVEY CREW ........................................ 105.00 ONE MEMBER SURVEY CREW ......................................... 63.00 TECHNICIAN ........................................................ 30.00 TECHNICIANI ....................................................... 35.00 TECHNICIAN II ....................................................... 45.00 TECHNICIAN III ...................................................... 50.00 SENIOR TECHNICIAN ................................................ 55.00 TECHNOLOGIST ..................................................... 63.00 CONSTRUCTION TECHNOLOGIST ...................................... 75.00 ENGINEERI ......................................................... 55.00 ENGINEER II ........................................................ 60.00 ENGINEER III ........................................................ 65.00 ENGINEER IV ........................................................ 70.00 PROFESSIONAL ENGINEER I .......................................... 75.00 PROFESSIONAL ENGINEER II .......................................... 80.00 PROFESSIONAL ENGINEER III ......................................... 85.00 PROFESSIONAL ENGINEER IV ......................................... 93.00 PROFESSIONAL ENGINEER V ........................................ 98.00 PROFESSIONAL ENGINEER VI ........................................ 108.00 STRUCTURAL ENGINEER I ............................................ 80.00 STRUCTURAL ENGINEER II .......................................... 85.00 STRUCTURAL ENGINEER III .......................................... 120.00 GEOLOGIST I ........................................................ 65.00 GEOLOGIST !I ....................................................... 70.00 ENVIRONMENTAL MANAGER .......................................... 85.00 CLERICAL .......................................................... 35.00 PROJECT ADMINISTRATOR ............................................ 65.00 Effective Date: 8/1 /02