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R-26-01 Authorizing Approval of an Engineering Agreement with Frank Novotny & Associates, Inc. in Conjunction with the Stephen Street Reconstruction and Streetscape ProjectRESOLUTION RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH THE STEPHEN STREET RECONSTRUCTION AND STREETSCAPE PROJECT WHEREAS, the Village of Lemont requires engineering design services related to the Stephen Street Reconstruction and Streetscape Project; and WHEREAS, the Village of Lemont seeks to utilize the firm of Frank Novotny & Associates, Inc.; and WHEREAS, the Village and Frank Novotny & Associates, Inc. have negotiated an agreement to identify the terms and conditions of the services to be provided. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the supplemental agreement attached hereto as Exhibit A is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this 9th day of April , 2001. AYES NAYS PASSED ABSENT John Benik V Debby Blatzer ✓ Keith Latz / Connie Markiewicz ✓ Rick Rimbo Mary Studebaker J Approved by me this 9th Attest: CHARLENE SMOLLEN, Village Clerk CHARLENE SMOLLEN, Village Clerk Ilage President Owner: Village of Lemont L 0 C A L A G E C Y AGREEMENT FOR ENGINEERING SERVICES FOR ENGINEERING DESIGN FOR STEPHENS STREET RECONSTRUCTION C 0 N S U L T A T Engineer: Frank Novotny & Associates, Inc. Address: 418 Main Street Address: 825 Midway Drive City: Lemont, IL 60439 City: Willowbrook Project No.: 99243 State: Zip: Illinois 60521 THIS AGREEMENT, made and entered into this day of , 2001, by and between FRANK NOVOTNY & ASSOCIATES, INC., whose address is 825 Midway Drive, Willowbrook, Illinois, 60521, hereinafter called the "ENGINEER ", and the VILLAGE OF LEMONT, whose address is 418 Main Street, Lernont, Illinois 60439, hereinafter called the "OWNER" covers certain professional Engineering services in connection with the proposed improvement designated as "STEPHENS STREET RECONSTRUCTION AND STREETSCAPE WORK: ILLINOIS STREET TO THE CHICAGO SANITARY & SHIP CANAL, which project consists of roadway rehabilitation; drainage improvements, including sewer separation as needed; water main replacement work; retaining wall repair /replacement work near the Atchison, Topeka and Santa Fe Railroad; street lighting; streetscape improvements in accordance with the directives of the Village Staff (using Village approved Landscape Architect); and all appurtenant work, a net distance of approximately 1,700 feet. It is understood that the project may be bid /constructed in segments and that separate plan sets shall be prepared for each approved segment. WITNESSETH THAT, in consideration of these premises and of the mutual covenants herein set forth, THE ENGINEER AGREES, I. To perform or be responsible for the performance of the following Engineering Services for the Owner in connection with the proposed improvement hereinbefore described: Page 1 of 9 [xx] a. Make such detailed surveys as are necessary for the preparation of detailed Plans. [xx] b. Make complete general and detailed Plans, Special Provisions, Proposals, and Estimates of Probable Cost, and furnish the Owner 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 Owner by the Engineer at his actual cost for reproduction. Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the Illinois Department of Transportation. [xx] d. Make or cause to be made such sewer televising and smoke testing investigations as may be required to furnish sufficient information for the design of the proposed improvement. [xx] e. 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. [xx] f. Prepare streetscape plans using a subcontracted landscape consultant acceptable to the Village of Lemont, and coordinating them into the construction Plans. [xx] g. Prepare reports or permit applications for Army Corps of Engineers and /or IDNR Division of Water Resources permits, or other detailed hydraulic reports that are required by any agency having jurisdiction over part of this project, including countywide stormwater and special management area permits. [ ] h. Furnish the Owner with ten (10) copies, with recordable original, of surveys and drafts of all necessary right -of -way dedications, boundary and lot surveys, construction easements, and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. [xx] i. Submit Plans and Specifications to the regulatory agencies for routine permits and /or approvals not noted above, including coordination with the Illinois Central Railroad, and Burlington Northern /Santa Fe Railway Company. [xx] j. Assist the Owner in the tabulation and interpretation of the Contractors' proposals. [ ] k. Furnish construction observation. Construction observation shall include: 1. Consultation on interpretation of Plans and Specifications and any changes under consideration as construction proceeds. 2. Periodical job -site observation by the Engineer, or his representatives, as construction progresses. Page 2 of 9 3. Oversee the testing of sewer and /or water lines to determine whether the completed projects meets the requirements as outlined in the Specifications. 4. Preparing and /or checking all payment estimates, change orders, records, and reports required by the Owner or governmental agencies. Engineer shall attempt to submit the Contractor's Mechanics Lien Waivers and Sworn Statements with any payment recommendation; however, if such are not provided, then the payment recommendation shall be conditioned upon their receipt. 5. Observation of the Contractor's operations for compliance with the Plans and Specifications as construction progresses and the keeping of complete projects records. Engineer shall attempt to provide written notice to Owner of Contractor's failure to carry out the work in substantial accordance with the Contract Documents, of which Engineer has actual notice and of the corrective action required to remedy same. 6. Checking all shop and working drawings as applicable. 7. Reviewing and checking all reports by testing laboratories on equipment and material tested. 8. Conducting final inspection of construction and preparation of final papers and reports. 9. Revision of Contract drawings to show location and nature of improvement as record drawings, from information furnished by the Contractor. Provide construction layout and staking. Furnish or cause to be furnished: 1. Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for Concrete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the Illinois Department of Transportation. 2. Proportioning and testing of bituminous mixtures (including extracting test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the Illinois Department of Transportation. 3. Compaction tests as required by the Specifications. 4. Quality and sieve analyses on local aggregates to see that they comply with the Specifications contained in the Contract. Page 3 of 9 5. Furnish inspection of all materials when inspection is not provided at the sources by the Bureau of Materials of the Illinois Department of Transportation, if required by the Owner. 11. That all reports, Plans, plats, and Special Provisions to be furnished by the Engineer pursuant to this Agreement will be in accordance with the current accepted standard specifications and engineering practices, it being understood that all such reports, plats, Plans and drafts, shall before being finally accepted, be subject to approval by the Owner. 111. To attend conferences to be held at the request of the Owner in addition to normal visits for observation purposes, and visit the site and review the work at any reasonable time when requested to do so by the Owner. IV. 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 Owner without cost and without restriction or limitation as to their use. V. In the event Plans or surveys are found to be in error during construction of the PROJECT due to the negligence or willful misconduct of the Engineer, and revisions of the plans or survey corrections are necessary, the Engineer agrees that he will perform such work without expense to the Owner 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. VI. To make such changes in working Plans, including all necessary preliminary surveys and investigations, as may be required after the award of the construction Contract and during the construction of the improvement. VII. 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. VIII. The Engineer will carry General Liability insurance in the amount of not less than $1,000,000; Workman's Compensation of not less than $500,000; and Professional Liability insurance of not less than $1,000,000. The Engineer shall name the Owner as "Additional Insured" on the Engineer's General Liability policy. THE OWNER AGREES, I. To pay the Engineer as compensation for all services performed as stipulated in Paragraphs l -a, b, i and j of "THE ENGINEER AGREES" in accordance with one of the following methods as marked: [ ] a. [ ] b. A sum of money equal to N/A percent of the awarded Contract price for the proposed improvement. A sum of money equal to the percentage of the awarded Contract cost for the proposed improvement as approved by the Owner based on the following schedule: Page 4 of 9 SCHEDULE FOR PERCENTAGES BASED ON AWARDED CONTRACT COST Under $ 50,000 N /A% First $ 50,000 Next $ 50,000 ova Next Next Next Next Next Next Next $ 100,000 $ 200,000 $ 200,000 $ 450,000 $1,000,000 $2,000,000 $6,000,000 [xx] c. A lump sum fee of $115,000.00. I1. To pay for services stipulated in Paragraphs I -c, d, e, f, and g of "THE ENGINEER AGREES ", the Owner agrees to allow the Engineer to sublet all of the services provided under the paragraphs cited above. The Owner will pay the actual cost to the Engineer plus a five percent (5 %) service charge, except for paragraph I -f, which shall be invoiced at actual cost plus a two percent (2 %) service charge. (As an alternate, the Village may pay the landscape architect directly.) The Cost to Engineer is to be verified by furnishing the Owner copies of paid invoices from the party doing the work. To pay for the services stipulated in Paragraph I -j and k of "THE of money: Equal to N/A percent of the amount determined Contract cost by the percentage(s) set forth under ENGINEER AGREES ". ENGINEER AGREES ", by multiplying the final Paragraph I of "THE Based on the hourly rates stipulated below for personnel assigned to this project as payment in full to the Engineer for the actual time spent in providing these services, the hourly rates include profit, overhead, readiness -to- serve, insurance, social security and retirement deductions. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. Grade Classification of Employee Hourly Rate Range Principal Associate Principal Engineer Sr. Technician Technician Draftsman Instrument Man Rodman Inspector Technical Assistant Page 5of9 $105.00 - $115.00 $100.00 - $105.00 $ 70.00 - $100.00 $ 80.00 - $100.00 $ 58.00 - $ 85.00 $ 56.00 - $ 80.00 $ 60.00 - $ 85.00 $ 56.00 - $ 75.00 $ 55.00 - $ 75.00 $ 40.00 - $ 50.00 If the Engineer incurs and must pay his employees overtime at premium rates, the billable rate charged above for each respective employee so affected shall be increased by twenty -five percent (25 %). The hourly rates itemized above shall be effective the date the parties, hereunto entering this Agreement, have affixed their hands and seals and shall remain in effect until December 31, 2001. In event the services of the Engineer extend beyond that date, the hourly rates will be adjusted yearly by addendum to this Agreement to compensate for increases in the salary structure of the Engineer that are in effect at that time. IV. That payments due the Engineer for services rendered pursuant to this Agreement will be made as soon as practicable after the services have been performed, in accordance with the following schedule. a. Upon completion of preliminary design criteria, preliminary Plan layout and rough Estimates of Probable Cost based upon these Plans, thirty percent (30 %) of the design fee as determined by the Estimate of Probable Cost. b. Upon completion of detailed Plans, Special Provisions, Proposals and Estimate of Cost - being the work required by Paragraphs l-a, b, c, d, e, f, g and i of "THE ENGINEER AGREES" - to the satisfaction of the Owner, ninety percent (90 %) of the total fee based on the above fee schedule and the approved Estimate of Probable Cost less any previous payments. c. Upon award of the Contract for the improvement by the Owner, one hundred percent (100 %) of the total fee based on the above fee schedule and the awarded Contract cost, less any previous payments. d. Upon completion of the construction of the improvement, ninety percent (90 %) of the fee due for services stipulated in Paragraphs I -j, k and I. e. Upon completion of all final reports required by the Owner and acceptance of the improvement, one hundred percent (100 %) of the total fees due under this Agreement, Tess any previous payments. Partial payments, not to exceed ninety percent (90 %) of the amount earned, may be made from time to time as the work progresses. V. That, should the improvement be abandoned at any time after the Engineer has performed any part of the services provided for in Paragraphs I -a and l-b, and prior to the completion of such services, the Owner shall reimburse the Engineer an amount which bears the same ratio to the total fee otherwise payable under this Agreement as the services actually rendered hereunder by the Engineer bear to the total services necessary for the full performance of this Agreement, such payment plus all reimbursable payments then due, shall be in full discharge of all rights of the Engineer under this Agreement. Page 6 of 9 VI. That should the Owner require changes in any of the detailed Plans, Specifications or estimates (except for those required pursuant to Paragraph V of "THE ENGINEER AGREES ") after they have been approved by the Owner, the Owner will pay the Engineer for such changes at the hourly rates noted in Paragraph III(b) of the above, and for his sublet expenses as noted in Part II above. 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. VII. That, should the completion of the improvement extend beyond the time limit given in the construction contract, the Owner will pay the Engineer, in addition to the fees provided herein, his cost incurred beyond such time limit - at the hourly rates noted in Section III(b) above, and or his sublet expenses as noted in Part II above. VIII. That, the Engineer does not guarantee and shall not be responsible for the Contractor's or subcontractors means methods, techniques, sequences, procedures, timely performance, or the safety programs and precautions incident thereto, since they are solely the Contractor's rights and responsibilities; and that the Engineer has no authority to stop work on behalf of the Owner. IX. That, since the Engineer has no control over the cost of labor, material and equipment, the estimate of probable construction cost is not a guarantee of actual construction cost, but is the Engineer's professional opinion as to the probable cost of construction at the time of preparation of the estimate. X. That should the Owner require the Engineer to purchase insurance over and above the coverage normally carried by the Engineer and noted in Part VIII of the "ENGINEER AGREES ", or require that the Owner be named as an "additional insured" on the Engineer's policy, the Owner will reimburse the Engineer at his actual invoice cost for the additional insurance coverage requested. Page 7 of 9 IT IS MUTUALLY AGREED, I. That any difference between the Engineer and the Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition, and that the committee's decision shall be final. II. The laws governing this Agreement shall be the law of the State of Illinois. This Agreement may be terminated by the Owner 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 Owner all drawings, Specifications, partial and completed estimates and data if any from traffic studies and soil survey, subsurface and sewer televising investigations with the understanding that all such material becomes the property of the. Owner. Owner acknowledges that if conflicts exist between electronically transmitted documents and hard copy documents, the hard copy documents prevail. If the Agreement is terminated or the Contract for Construction has not been awarded one (1) year after the acceptance of the Plans by the Owner, the Engineer shall be paid for services completed and services partially completed, an amount which bears the same ratio to the total fee otherwise paid under this Agreement as the services actually rendered hereunder by the Engineer bear to the total services necessary for the full performance of this Agreement and such payment, plus all reimbursable payments then due, shall be in full discharge of all rights of the Engineer under this Agreement IV. That if the contract for construction has not been awarded one (1) year after the acceptance of the Plans by the Owner, the Owner will pay the Engineer the balance of the engineering fee due to make one hundred percent (100 %) of the total fees due in accordance with the terms of this Agreement, based on the Estimate of Probable Cost as prepared by the Engineer. Page 8 of 9 EXECUTED BY THE OWNER, this day of , 2001. ATTEST: B VILLAGE OF LEMONT 418 MAIN STREET LEM • T, ILLINOIS 60439 p, t% 000 By: w.rkt® Printed Name/Title: Hon. Richard A. Kwasneski, Mayor Printed Name/Title: Charlene M. Smollen, Clerk SEAL * * * * * * * * * * EXECUTED BY THE ENGINEER, this day of , 2001. ATTEST: By: FRANK NOVOTNY & ASSOCIATES, INC. 825 MIDWAY DRIVE WILLOWBROOK, 1 0IS 60521 By: Print: d Name/Title: James L. Cainkar, President Printed Name/Title: SEAL Page 9 of 9 RESOLUTION RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH THE STEPHEN STREET RECONSTRUCTION AND STREETSCAPE PROJECT WHEREAS, the Village of Lemont requires engineering design services related to the Stephen Street Reconstruction and Streetscape Project; and WHEREAS, the Village of Lemont seeks to utilize the firm of Frank Novotny & Associates, Inc.; and WHEREAS, the Village and Frank Novotny & Associates, Inc. have negotiated an agreement to identify the terms and conditions of the services to be provided. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the supplemental agreement attached hereto as Exhibit A is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this 9th day of April , 2001. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES ✓ J NAYS PASSED ABSENT Approved by me this 9th day CHARLENE SMOLLEN, Village Clerk of April , 2001. ,' ARD r `s'1 n' President EXECUTED BY THE OWNER, this day of , 2001. VILLAGE OF LEMONT 418 • IN STREET LE 0 ' , ILLINOIS 60439 Printed Name/Title: Charlene M. Smollen, Clerk SEAL By: Printed Name/Title: Hon. Richard A. Kwasneski, Mayor * * * * * * * * ** EXECUTED BY THE ENGINEER, this day of , 2001. ATTEST: By: FRANK NOVOTNY & ASSOCIATES, INC. 825 MIDWAY DRIVE WILLOWBROOK, I IS 60521 i7 ��% Print ,d Name/Title: By: Printed Name/Title: Ti SEAL Page 9 of 9 James L. Cainkar, President Owner: Village of Lemont L 0 C A L G E C Y AGREEMENT FOR ENGINEERING SERVICES FOR ENGINEERING DESIGN FOR STEPHENS STREET RECONSTRUCTION C 0 N S U T A T Engineer: Frank Novotny & Associates, Inc. Address: 418 Main Street Address: 825 Midwa Drive City: Lemont, IL 60439 City. Willowbrook Project No.: 99243 State: Zip: Illinois 60521 THIS AGREEMENT, made and entered into this day of , 2001, by and between FRANK NOVOTNY & ASSOCIATES, INC., whose address is 825 Midway Drive, Willowbrook, Illinois, 60521, hereinafter called the "ENGINEER ", and the VILLAGE OF LEMONT, whose address is 418 Main Street, Lemont, Illinois 60439, hereinafter called the "OWNER" covers certain professional Engineering services in connection with the proposed improvement designated as "STEPHENS STREET RECONSTRUCTION AND STREETSCAPE WORK: ILLINOIS STREET TO THE CHICAGO SANITARY & SHIP CANAL, which project consists of roadway rehabilitation; drainage improvements, including sewer separation as needed; water main replacement work; retaining wall repair /replacement work near the Atchison, Topeka and Santa Fe Railroad; street lighting; streetscape improvements in accordance with the directives of the Village Staff (using Village approved Landscape Architect); and all appurtenant work, a net distance of approximately 1,700 feet. It is understood that the project may be bid /constructed in segments and that separate plan sets shall be prepared for each approved segment. WITNESSETH THAT, in consideration of these premises and of the mutual covenants herein set forth, THE ENGINEER AGREES, I. To perform or be responsible for the performance of the following Engineering Services for the Owner in connection with the proposed improvement hereinbefore described: Page 1 of 9 [xx] a. Make such detailed surveys as are necessary for the preparation of detailed Plans. [xx] b. Make complete general and detailed Plans, Special Provisions, Proposals, and Estimates of Probable Cost, and furnish the Owner 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 Owner by the Engineer at his actual cost for reproduction. Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the Illinois Department of Transportation. [xx] d. Make or cause to be made such sewer televising and smoke testing investigations as may be required to furnish sufficient information for the design of the proposed improvement. [xx] e. 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. [xx] f. Prepare streetscape plans using a subcontracted landscape consultant acceptable to the Village of Lemont, and coordinating them into the construction Plans. [xx] g. Prepare reports or permit applications for Army Corps of Engineers and /or IDNR Division of Water Resources permits, or other detailed hydraulic reports that are required by any agency having jurisdiction over part of this project, including countywide stormwater and special management area permits. [ ] h. Furnish the Owner with ten (10) copies, with recordable original, of surveys and drafts of all necessary right -of -way dedications, boundary and lot surveys, construction easements, and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. [xx] i. Submit Plans and Specifications to the regulatory agencies for routine permits and /or approvals not noted above, including coordination with the Illinois Central Railroad, and Burlington Northern /Santa Fe Railway Company. [xx] j. Assist the Owner in the tabulation and interpretation of the Contractors' proposals. [ ] k. Furnish construction observation. Construction observation shall include: 1. Consultation on interpretation of Plans and Specifications and any changes under consideration as construction proceeds. 2. Periodical job -site observation by the Engineer, or his representatives, as construction progresses. Page 2 of 9 3. Oversee the testing of sewer and /or water lines to determine whether the completed projects meets the requirements as outlined in the Specifications. 4. Preparing and /or checking all payment estimates, change orders, records, and reports required by the Owner or governmental agencies. Engineer shall attempt to submit the Contractor's Mechanics Lien Waivers and Sworn Statements with any payment recommendation; however, if such are not provided, then the payment recommendation shall be conditioned upon their receipt. 5. Observation of the Contractor's operations for compliance with the Plans and Specifications as construction progresses and the keeping of complete projects records. Engineer shall attempt to provide written notice to Owner of Contractor's failure to carry out the work in substantial accordance with the Contract Documents, of which Engineer has actual notice and of the corrective action required to remedy same. 6. Checking all shop and working drawings as applicable. 7. Reviewing and checking all reports by testing laboratories on equipment and material tested. 8. Conducting final inspection of construction and preparation of final papers and reports. 9. Revision of Contract drawings to show location and nature of improvement as record drawings, from information furnished by the Contractor. Provide construction layout and staking. [ ] m. Furnish or cause to be furnished: 1. Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for Concrete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the Illinois Department of Transportation. 2. Proportioning and testing of bituminous mixtures (including extracting test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the Illinois Department of Transportation. 3. Compaction tests as required by the Specifications. 4. Quality and sieve analyses on local aggregates to see that they comply with the Specifications contained in the Contract. Page 3 of 9 5. Furnish inspection of all materials when inspection is not provided at the sources by the Bureau of Materials of the Illinois Department of Transportation, if required by the Owner. II. That all reports, Plans, plats, and Special Provisions to be furnished by the Engineer pursuant to this Agreement will be in accordance with the current accepted standard specifications and engineering practices, it being understood that all such reports, plats, Plans and drafts, shall before being finally accepted, be subject to approval by the Owner. III. To attend conferences to be held at the request of the Owner in addition to normal visits for observation purposes, and visit the site and review the work at any reasonable time when requested to do so by the Owner. IV. 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 Owner without cost and without restriction or limitation as to their use. V. In the event Plans or surveys are found to be in error during construction of the PROJECT due to the negligence or willful misconduct of the Engineer, and revisions of the plans or survey corrections are necessary, the Engineer agrees that he will perform such work without expense to the Owner 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. VI. To make such changes in working Plans, including all necessary preliminary surveys and investigations, as may be required after the award of the construction Contract and during the construction of the improvement. VII. 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. VIII. The Engineer will carry General Liability insurance in the amount of not less than $1,000,000; Workman's Compensation of not less than $500,000; and Professional Liability insurance of not less than $1,000,000. The Engineer shall name the Owner as "Additional Insured" on the Engineer's General Liability policy. THE OWNER AGREES, I. To pay the Engineer as compensation for all services performed as stipulated in Paragraphs l -a, b, i and j of "THE ENGINEER AGREES" in accordance with one of the following methods as marked: [ ] a. A sum of money equal to N/A percent of the awarded Contract price for the proposed improvement. [ ] b. A sum of money equal to the percentage of the awarded Contract cost for the proposed improvement as approved by the Owner based on the following schedule: Page 4 of 9 SCHEDULE FOR PERCENTAGES BASED ON AWARDED CONTRACT COST Under $ 50,000 N /A% First $ 50,000 Next $ 50,000 Next $ 100,000 Next $ 200,000 Next $ 200,000 Next $ 450,000 Next $1,000,000 Next $2,000,000 Next $6,000,000 [xx] c. A lump sum fee of $115,000.00. II. To pay for services stipulated in Paragraphs I -c, d, e, f, and g of "THE ENGINEER AGREES ", the Owner agrees to allow the Engineer to sublet all of the services provided under the paragraphs cited above. The Owner will pay the actual cost to the Engineer plus a five percent (5 %) service charge, except for paragraph I -f, which shall be invoiced at actual cost plus a two percent (2 %) service charge. (As an alternate, the Village may pay the landscape architect directly.) The Cost to Engineer is to be verified by furnishing the Owner copies of paid invoices from the party doing the work. III. To pay for the services stipulated in Paragraph 1 -] and k of "THE ENGINEER AGREES ", a sum of money: [ ] a. Equal to N/A percent of the amount determined by multiplying the final Contract cost by the percentage(s) set forth under Paragraph 1 of "THE ENGINEER AGREES ". [ ] b. Based on the hourly rates stipulated below for personnel assigned to this project as payment in full to the Engineer for the actual time spent in providing these services, the hourly rates include profit, overhead, readiness -to- serve, insurance, social security and retirement deductions. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. Grade Classification of Employee Hourly Rate Range Principal $105.00 - $115.00 Associate Principal $100.00 - $105.00 Engineer $ 70.00 - $100.00 Sr. Technician $ 80.00 - $100.00 Technician $ 58.00 - $ 85.00 Draftsman $ 56.00 - $ 80.00 Instrument Man $ 60.00 - $ 85.00 Rodman $ 56.00 - $ 75.00 Inspector $ 55.00 - $ 75.00 Technical Assistant $ 40.00 - $ 50.00 Page 5 of 9 If the Engineer incurs and must pay his employees overtime at premium rates, the billable rate charged above for each respective employee so affected shall be increased by twenty -five percent (25 %). The hourly rates itemized above shall be effective the date the parties, hereunto entering this Agreement, have affixed their hands and seals and shall remain in effect until December 31, 2001. In event the services of the Engineer extend beyond that date, the hourly rates will be adjusted yearly by addendum to this Agreement to compensate for increases in the salary structure of the Engineer that are in effect at that time. IV. That payments due the Engineer for services rendered pursuant to this Agreement will be made as soon as practicable after the services have been performed, in accordance with the following schedule. a. Upon completion of preliminary design criteria, preliminary Plan layout and rough Estimates of Probable Cost based upon these Plans, thirty percent (30 %) of the design fee as determined by the Estimate of Probable Cost. b. Upon completion of detailed Plans, Special Provisions, Proposals and Estimate of Cost - being the work required by Paragraphs I -a, b, c, d, e, f, g and i of "THE ENGINEER AGREES" - to the satisfaction of the Owner, ninety percent (90 %) of the total fee based on the above fee schedule and the approved Estimate of Probable Cost Tess any previous payments. c. Upon award of the Contract for the improvement by the Owner, one hundred percent (100 %) of the total fee based on the above fee schedule and the awarded Contract cost, less any previous payments. d. Upon completion of the construction of the improvement, ninety percent (90 %) of the fee due for services stipulated in Paragraphs 1-j, k and I. e. Upon completion of all final reports required by the Owner and acceptance of the improvement, one hundred percent (100 %) of the total fees due under this Agreement, Tess any previous payments. Partial payments, not to exceed ninety percent (90 %) of the amount earned, may be made from time to time as the work progresses. V. That, should the improvement be abandoned at any time after the Engineer has performed any part of the services provided for in Paragraphs I -a and I -b, and prior to the completion of such services, the Owner shall reimburse the Engineer an amount which bears the same ratio to the total fee otherwise payable under this Agreement as the services actually rendered hereunder by the Engineer bear to the total services necessary for the full performance of this Agreement, such payment plus all reimbursable payments then due, shall be in full discharge of all rights of the Engineer under this Agreement. Page 6 of 9 VI. That should the Owner require changes in any of the detailed Plans, Specifications or estimates (except for those required pursuant to Paragraph V of "THE ENGINEER AGREES ") after they have been approved by the Owner, the Owner will pay the Engineer for such changes at the hourly rates noted in Paragraph III(b) of the above, and for his sublet expenses as noted in Part II above. 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. VII. That, should the completion of the improvement extend beyond the time limit given in the construction contract, the Owner will pay the Engineer, in addition to the fees provided herein, his cost incurred beyond such time limit - at the hourly rates noted in Section III(b) above, and or his sublet expenses as noted in Part II above. VIII. That, the Engineer does not guarantee and shall not be responsible for the Contractor's or subcontractors means methods, techniques, sequences, procedures, timely performance, or the safety programs and precautions incident thereto, since they are solely the Contractor's rights and responsibilities; and that the Engineer has no authority to stop work on behalf of the Owner. IX. That, since the Engineer has no control over the cost of labor, material and equipment, the estimate of probable construction cost is not a guarantee of actual construction cost, but is the Engineer's professional opinion as to the probable cost of construction at the time of preparation of the estimate. X. That should the Owner require the Engineer to purchase insurance over and above the coverage normally carried by the Engineer and noted in Part VIII of the "ENGINEER AGREES ", or require that the Owner be named as an "additional insured" on the Engineer's policy, the Owner will reimburse the Engineer at his actual invoice cost for the additional insurance coverage requested. Page 7of9 IT IS MUTUALLY AGREED, 1. That any difference between the Engineer and the Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition, and that the committee's decision shall be final. II. The laws governing this Agreement shall be the law of the State of Illinois. III. This Agreement may be terminated by the Owner 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 Owner all drawings, Specifications, partial and completed estimates and data if any from traffic studies and soil survey, subsurface and sewer televising investigations with the understanding that all such material becomes the property of the Owner. Owner acknowledges that if conflicts exist between electronically transmitted documents and hard copy documents, the hard copy documents prevail. If the Agreement is terminated or the Contract for Construction has not been awarded one (1) year after the acceptance of the Plans by the Owner, the Engineer shall be paid for services completed and services partially completed, an amount which bears the same ratio to the total fee otherwise paid under this Agreement as the services actually rendered hereunder by the Engineer bear to the total services necessary for the full performance of this Agreement and such payment, plus all reimbursable payments then due, shall be in full discharge of all rights of the Engineer under this Agreement IV. That if the contract for construction has not been awarded one (1) year after the acceptance of the Plans by the Owner, the Owner will pay the Engineer the balance of the engineering fee due to make one hundred percent (100 %) of the total fees due in accordance with the terms of this Agreement, based on the Estimate of Probable Cost as prepared by the Engineer. Page 8 of 9