Resolution 2007-35 aoo -35
Resolution for Improvement by
111111015 Depa - runem Municipality Under the Illinois
Of Tralnsportation Highway Code
BE IT RESOLVED, by the City Council of the
Council or President and Board of Trustees
United City of Yorkville Illinois
City, Town or Village
that the following described street(s) be improved under the Illinois Highway Code:
Name of Thoroughfare Route From To
Game Farm Road N/A US Route 34 Somonauk Street
Somonauk Street N/A Game Farm Road Colton Street
BE IT FURTHER RESOLVED,
1. That the proposed improvement shall consist of Phase 2 engineering.
and shall be constructed varies wide
and be designated as Section 03- 00031 -00 -FP
2. That there is hereby appropriated the (additional ❑ Yes ® No) sum of one hundred and fifty -one thousand,
eight hundred and thirty-five and 10/ 100------------------------ - - - - -- Dollars( $151,835.10 ) for the
improvement of said section from the municipality's allotment of Motor Fuel Tax funds.
3. That work shall be done by contract ; 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.
Authorized MFT Expenditure I, Jacquelyn Milschewski Clerk in and for the
United City of Yorkville
City, Town or Village
L o2 Zoo 7 County of Kendall , hereby certify the
Date
foregoing to be a true, perfect and complete copy of a resolution adopted
by the City Council
Co ncil or President and Board of Trustees
Department of Transportation at a meeting on l(/�Iq y a a00
Date
WQ IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this
MA-`/ gO- day of 2007
R nal Engineer
(SEAL)
U C City, Town, or Village Clerk
Page 1 of 1 BLR 09111 (Rev. 7/05)
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Local Agency Consultant
United City of Yorkville L Illinois Department SEC -Smith Engineering Consultants
p of Transportation C �
County C 0 Address
Kendall A N 759 John Street
Section L S City
03- 00031 -00 -FP U Yorkville
Project No. A Preliminary Engineering L State
M -8003 (_811) Services Agreement Illinois
Job No. C ' For T Zip Code
P -93- 033 -07 E Federal Participation A 6056
Contact Name /Phone /E -mail Address N N Contact Name /Phone /E -mail Address
Joe Wywrot/630- 553 -8545/ C T Pat Pechnick, PE /630- 553 -7560
jwywrot .* @yorkville.il.us Y ppechnick @secgroupinc.com
THIS AGREEMENT is made and entered into this �0� day of between the above
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional :?ngineering services in connection with the PROJECT.
Federal -aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation
(STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.
Project Description
Name Game Farm Road - Somonauk Street Route FAU 1550 Length 5,500 ft Structure No. none
Termini U. S. Route 34 and IL Route 47
Description Preparation of construction plans and specifications for the reconstruction of Game Farm Road - Somonauk Street from U. S.
Route 34 to IL Route 47.
Agreement Provisions
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of
engineering services for the LA for the proposed improvement herein described.
2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by
representatives of the LA or STATE.
3. To complete the services herein described within calendar days from the date of the Notice to Proceed from the
LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER.
4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man -
hours shown in EXHIBIT A. If higher - salaried personnel of the firm, including the Principal Engineer, perform services that are
indicated in Exhibit A 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.
5. That the ENGINEER is qualified technically and is entirely 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 herein.
6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections
resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the
STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for
clarification of any ambiguities.
7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER
and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the
improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when
such seal is required by law. 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 STATE.
1 .
8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA.
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9. The undersigned certifies neither the ENGINEER nor I have:
a. 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 me or the above ENGINEER) to solicit or secure this AGREEMENT,
b. 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. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above
ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the
AGREEMENT.
d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency,
e. have 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 indicted 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 (e) and
g. have not within a three -year period preceding this AGREEMENT had one or more public transactions (Federal, State or local)
terminated for cause or default.
10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.
11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent
Amendment or Supplement.
12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B).
13. Scope of Services to be provided by the ENGINEER:
® Make such detailed surveys as are necessary for the planning and design of the PROJECT.
❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and
flood flow histories.
❑ Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water
Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification.
❑ Design and /or approve cofferdams and superstructure shop drawings.
❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or
culvert types and high water effects on roadway overflows and bridge approaches).
❑ Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of
Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary
environmental clearances.
® Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data
for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard
Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid
Procedures for Local Highway Improvements or any other applicable requirements of the STATE.
❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation.
❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the
improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage
structures, and compliance with applicable design requirements and policies.
❑ 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.
® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance
with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of
cost shall be furnished in quadruplicate.
❑ Furnish the LA with survey and drafts in quadruplicate all necessary right -of -way dedications, construction easements and borrow
pit and channel change agreements including prints of the corresponding plats and staking as required.
Page 2 of 7 BLR 05610 (Rev. 9/06)
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II. THE LA AGREES,
1. To furnish the ENGINEER all presently available survey data and information
2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the
following compensation formulas:
Cost Plus Fixed Fee ❑ CPFF = 14.5 %[DL + R(DL) + OH(DL) + IHDC], or
® CPFF = 14.5 %[DL + R(DL) + 1.4(DL) + IHDC], or
❑ CPFF = 14.5 %[(2.3 + R)DL + IHDC]
Where: DL = Direct Labor
IHDC = In House Direct Costs
OH = Consultant Firm's Actual Overhead Factor
R = Complexity Factor
Specific Rate ❑ (Pay per element)
Lump Sum ❑
3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5 -409:
❑ With Retainage
a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to
90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to
95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
c) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to
the ENGINEER.
® Without Retainage
a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,
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 LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
4. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of
any 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 DOT -
assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by 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.C. 3801 et seq.).
Ill. IT IS MUTALLY AGREED,
1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed.
2. That tracings, 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 LA and that basic survey notes, sketches, charts and other data
prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA or to the STATE,
without restriction or limitation as to their use.
Page 3 of 7 BLR 05610 (Rev. 9/06)
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3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current
Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid
Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such
furnished documents shall be approved by the LA and the STATE 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.
4. 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 LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by
the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement.
5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to
verify the amounts, 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 STATE; 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 STATE for the recovery of any funds paid by the STATE under
the contract for which adequate books, records and supporting documentation are not available to support their purported
disbursement.
6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services
rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT.
7. 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 save harmless the LA, the STATE, and their
officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These
indemnities shall not be limited by the listing of any insurance policy.
8. This AGREEMENT may be terminated by the LA 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 LA 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 material becomes the property of the LA. The LA will be
responsible for reimbursement of all eligible expenses to date of the written notice of termination.
9. This certification is required by the Drug Free Workplace Act (301LCS 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 State 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 or grant payments, termination of a contract or
grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years.
For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other 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 a contract or grant of $5,000 or more from the State, as defined in 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 the 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 five (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;
(2) The grantee's or contractor's policy of maintaining 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.
G. 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 by,
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.
g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act.
Page 4 of 7 BLR 05610 (Rev. 9/06)
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10. 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 DOT assisted
contracts. 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 LA deems appropriate.
Agreement Summary
Prime Consultant: TIN Number Agreement Amount I
SEC -Smith Engineering Consultants 136- 3456281 I $299,725.20
Sub - Consultants: TIN Number Agreement Amount I
Midland Standard Engineering & Testing, Inc. 20- 2435502 $3,945.00 j
I I I
I I
Sub - Consultant Total: 3,945.00
Prime Consultant Total: I
Total for all Work: $303,670.20 I
I
Executed by the LA: United City of Yorkville
(Municipality )
ATTEST: By:
B oa& tL L
: _
y
�., Clerk Title:
(SEAL)
Executed by the ENGINEER:
ATTEST: SEC -Smith Engineering Consultants
Title: Office Coordinator Title: Principal
__
AOMM
NOTARY P11"- STANGF N.LNN
MV ION ENV4g8A1M=
Page 5 of 7 BLR 05610 (Rev. 9/06)
Printed on 4/26/2007 1:45:29 PM
Exhibit A - Preliminary Engineering
Route: FAU 1550
Local Agency: United City of Yorkville *Firm's approved rates on file with IDOT'S
(Municipality/Township /County) Bureau of Accounting and Auditing:
Section: 03- 00031 -00 -FP
Project: Game Farm Road - Somonauk Street Overhead Rate (OH) 141.88 %
Job No.: Complexity Factor (R) 0.00
Calendar Days
Method of Compensation:.,
Cost Plus Fixed Fee 1 ❑ 14.5 %[DL + R(DL) + OH(DL) + IHDC]
Cost Plus Fixed Fee 2 ® 14.5 %[DL + R(DL) + 1.4(DL) + IHDC]
Cost Plus Fixed Fee 3 ❑ 14.5 %[(2.3 + R)DL + IHDC]
Specific Rate ❑
Lump Sum ❑
Cost Estimate of Consultant's Services in Dollars
Employee Man- Payroll Payroll Services by In -House
Element of Work Classification Hours Rate Costs (DL) Overhead* Others Direct Costs Profit Total
(IHDC)
Pickup Survey 130 $27.67 3,596.74 5,103.05 1,261.47 9,961.26
Roadway Plans 1306 $36.91 48,199.00 68,384.74 16,904.64 133,488.38
Traffic Signal Plans 472 $33.89 15,995.32 22,694.16 5,609.97 44,299.45
Temporary Signals 368 $33.85 12,455.94 17,672.49 4,368.62 34,497.05
Water Main Plans 136 $30.49 4,146.00 5,882.34 1,454.11 11,482.45
Soil Borings 10 $40.86 408.64 579.78 143.32 1,131.74
Utility Coordination 40 $31.35 1,254.04 1,779.23 439.82 3,473.10
Opinion of Cost 24 $35.75 857.88 1,217.16 300.88 2,375.92
Estimate of Time 12 $37.77 453.24 643.06 158.96 1,255.26
Administraiton 105 $44.43 4,664.70 6,618.28 1,636.03 12,919.01
Meetings 52 $54.83 2,851.32 4,045.45 1,000.03 7,896.80
QAQC 145 $51.26 7,433.00 10,545.94 2,606.95 20,585.89
Direct Costs 16,358.88 16,358.88
SUB - Midland 3,945.00 3,945.00
Totals 2,800 102.315.82 145,165.69 3,945.00 16,358.88 35,884.82 303,670.20
Page 6 of 7 BLR 05610 (Rev. 9/06)
Printed on 4/26/2007 1:45:29 PM
Exhibit B
Illinois Department
Of Transportation Engineering Payment Report
Prime Consultant
Name SEC -Smith Engineering
Address Yorkville, Illinois
Telephone 630 - 553 -7560
TIN Number 36- 3456281
Project Information
Local Agency United City of Yorkville
Section Number 03- 00031 -00 -FP
Project Number M -8003 (811)
Job Number P -93- 033 -07
This form is to verify the amount paid to the Sub - consultant on the above captioned contract. Under penalty of law for
perjury or falsification, the undersigned certifies that work was executed by the Sub - consultant for the amount listed below.
Sub - Consultant Name TIN Number Actual Payment
from Prime
Midland Standard Engineering & Testing, Inc. 20- 2435502
I
I
I .
� I
� I
� I
Sub - Consultant Total:
Prime Consultant Total:
Total for all Work
Completed:
I
Signature and title of Prime Consultant Date
Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory
purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as
concurring with the payment amount specified above.
Page 7 of 7 BLR 05610 (Rev. 9/06)
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Exhibit C
PROPOSAL /AGREEMENT
for
ENGINEERING AND PREPARATION
OF CONTRACT PLANS AND SPECIFICATIONS
GAME FARM ROAD /SOMONAUK STREET
RECONSTRUCTION FROM
ILLINOIS ROUTE 47 TO U.S. ROUTE 34
i
Mr. Joe Wywrot
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Phone: (630) 553 -8545
Fax: (630) 553 -7575
SEC Job No.: YORK- 040098.04
April 26, 2007
1
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road /Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 2
L ' Project Understanding
A. General Understanding/Assumptions
The United City of Yorkville intends to improve Game Farm Road/Somonauk
Street from U.S. Route 34 to Illinois Route 47. Game Farm Road/Somonauk
Street has been designated as a Federal Aid Urban Route. The proposed
improvement generally consists of the reconstruction and addition of a
median/two -way left turn lane from U.S. Route 34 to Illinois Route 47. Other
improvements include the addition of curb and gutter, storm sewer, sidewalks,
traffic signal modernization, and replacement of various water main and sanitary
sewers.
The United City of Yorkville intends to utilize federal funds for a portion of the
construction of the proposed improvements. Funding for construction is
programmed through the Kane/Kendall County Council of Mayors and is
currently targeted for fiscal year 2009. In order to be eligible for federal funding,
a Phase I study and a project report outlining the effects of the proposed
improvements were completed with a design approval date of January 2007.
The next step for this project (Phase II) is to prepare construction documents
consisting of plans, specifications, and details. These construction documents will
be submitted to the Illinois Department of Transportation (IDOT) District 3 for
their review and approval as well as the letting and award of a construction
contract.
Land acquisition for this project is anticipated. The land acquisition process may
take approximately 18 to 24 months to complete. The construction plans will be
completed prior to completion of land acquisition. The preparation of land
acquisition documents will be addressed under a separate contract.
B. Design Criteria
The Bureau of Local Roads and Streets Manual published by IDOT in January 2006,
the Bureau of Design and Environment Manual published by IDOT in December
2002, and the United City of Yorkville Subdivision Control Ordinance will be
utilized during the design phase for this project.
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road/Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 3
II. Scope of Services
A. Surveying Services (YORK- 040098.04 -4)
1. Pick -Up Survev
The survey utilized in the preparation of the Phase I plans and documents will be
utilized for the preparation of the Phase H plans. Pick -up survey will be required
to verify spot elevations, items of interest, and new improvements.
B. Engineering Services
1. Roadway and Traffic Signal Plans and Specifications, (YORK- 040098.04 -3)
Roadway and traffic signal plans and specifications will be prepared for the
United City of Yorkville and IDOT District 3 for review and approval. Three (3)
plan submittals will be needed to obtain IDOT approval of the final roadway
plans and specifications. The following will be completed as part ofthe roadway
and traffic signal plans and specifications:
a. Review typical sections for existing and proposed conditions that were
prepared in Phase I and revise as necessary.
b. Review roadway plans that were prepared in Phase I at I" = 50' for the
reconstruction of Game Farm Road/Somonauk Street from Illinois Route 47
to U.S. Route 34 and revise as necessary.
c. Prepare Drainage Plans at 1" = 50' depicting storm sewer improvements
utilizing the preliminary design completed in Phase I.
d. Review template cross - sections at 50' intervals and at intersecting roadways
and revise as necessary.
e. Prepare Erosion Control Plans in accordance with National Pollutant
Discharge Elimination System (NPDES) requirements.
f. Prepare Pavement Marking and Landscaping Plans. This task does not
include landscape design. It will include tree replacement and seeding and/or
sodding. This task also includes inserting landscaping plans (completed by
others) into the plan set.
g. Obtain soil borings for traffic signal foundations from sub - consultant for the
intersection of Illinois Route 47 and Somonauk Street. It is assumed that soil
I
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road/Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 3
II. Scope of Services
i
A. Surveying Services (YORK-040098.04-4)
1. Pick -Up Survev
The survey utilized in the preparation of the Phase I plans and documents will be
utilized for the preparation of the Phase H plans. Pick -up survey will be required
to verify spot elevations, items of interest, and new improvements.
B. Engineering Services
1. Roadwav and Traffic Signal Plans and Specifications, (YORK- 040098.04 -3)
Roadway and traffic signal plans and specifications will be prepared for the
United City of Yorkville and IDOT District 3 for review and approval. Three (3)
plan submittals will be needed to obtain IDOT approval of the final roadway
plans and specifications. The following will be completed as part ofthe roadway
and traffic signal plans and specifications:
a. Review typical sections for existing and proposed conditions that were
prepared in Phase I and revise as necessary.
b. Review roadway plans that were prepared in Phase I at 1 " = 50' for the
reconstruction of Game Farm Road/Somonauk Street from Illinois Route 47
to U.S. Route 34 and revise as necessary.
c. Prepare Drainage Plans at 1" = 50' depicting storm sewer improvements
utilizing the preliminary design completed in Phase I.
d. Review template cross - sections at 50' intervals and at intersecting roadways
and revise as necessary.
e. Prepare Erosion Control Plans in accordance with National Pollutant
Discharge Elimination System (NPDES) requirements.
f. Prepare Pavement Marking and Landscaping Plans. This task does not
include landscape design. It will include tree replacement and seeding and/or
sodding. This task also includes inserting landscaping plans (completed by
others) into the plan set.
g. Obtain soil borings for traffic signal foundations from sub - consultant for the
intersection of Illinois Route 47 and Somonauk Street. It is assumed that soil
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road/Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 4
borings for the intersection of U.S. Route 34 and Game Farm Road taken in
spring 2002 can be utilized for this project.
h. Prepare traffic signal plans and specifications for the following intersections:
i. Illinois Route 47 and Somonauk Street.
ii. U.S. Route 34 and Game Farm Road.
The traffic signal plans will be submitted to IDOT District 3 for review
and approval. It is assumed that three (3) submittals will be required to
obtain IDOT approval of the traffic signal plans and specifications.
i. Complete traffic signal interconnect plans for modification to the existing
interconnect along U.S. Route 34 that will include the following
intersections:
i. U.S. Route 34 and Isabel Drive (Kendall Market Place).
ii. U.S. Route 34 and Beecher Road.
iii. U.S. Route 34 and Cannonball Trail.
iv. U.S. Route 34 and Game Farm Road.
v. U.S. Route 34 and Center Parkway.
i
This does not include modifications to the existing signals at Center Parkway,
Cannonball Trail, and Kendall Marketplace Entrances.
j. Complete construction staging and maintenance of traffic plans. This
includes the preparation of temporary traffic signal plans for the following
intersections:
i. Illinois Route 47 and Somonauk Street.
ii. U.S. Route 34 and Game Farm Road.
k. Prepare summary of quantities and schedule of quantities.
1. Complete an Engineer's Opinion of Probable Construction Costs (EOPCC) in
IDOT Local Roads format.
m. Complete an estimate of time for construction in IDOT Local Roads format.
n. Prepare specifications and special provisions in IDOT Local Roads format.
o. Prepare quantity sheets and documents for inclusion in IDOT letting.
p. Include IDOT and/or United City of Yorkville standard details in the plan set.
q. Time has been allotted for quality assurance /quality control as part of the
proposal.
i
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road/Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 5
r. The following is a list of the anticipated sheets to be included in the plan set:
ITEM NO. OF
SHEETS
Cover Sheet 1
Index/ Standards 1
General Notes /Commitments 1
Summary of Quantities /Schedules 10
Typical Sections 3
Alignment /Ties /Benchmarks/ 3
Plan and Profiles 5
Traffic Signal Plans — U.S. Route 34 and Game Farm 3
Traffic Signal Plans —Illinois Route 47 and Somonauk Street 3
Traffic Signal Interconnect Plans 4
Maintenance of Traffic 6
Temporary Traffic Signal Plans — U.S. Route 34 2
Temporary Traffic Signal Plans — Illinois Route 47 2
Temporary Interconnect Plans 4
Erosion control Plans 3
Drainage /Utility Plans 6
Water main /Sanitary Sewer Plans 5
Intersection Details (17 intersections /major driveways, two (2) 9
per sheet)
Pavement Marking Details 3
Miscellaneous Details (Superelevation sheet, etc.) 12
Cross - Sections 19
Special Provisions
TOTAL 105
2. Water main and Sanitary Sewer Plans and Specifications (YORK- 040098.04 -3)
The United City of Yorkville desires to construct select water main and
sanitary sewer improvements on Somonauk Street and Game Farm Road, in
conjunction with the proposed Game Farm Road improvements. Engineering
Plans, Specifications, and Illinois Environmental Protection Agency (IEPA)
Permit applications, for this project will be prepared to address the following:
a. Engineering services for the design of the following water main
improvements:
i
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road/Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 6
i. Installation of approximately 400 lineal feet of 8" DIP water main
along the south side of Somonauk Street between West Street and
King Street by the open cut method. The work will also include
the replacement of approximately three (3) residential water
service line connections and curb boxes; including abandonment of
the existing 1 " water service line on Somonauk Street.
ii. Installation of approximately 130 lineal feet of 6" DIP water main
loop connection, by the open cut method, between the existing 12"
water main on Game Farm Road and the existing 6" water main
serving the Yorkville Middle School.
b. Engineering services for the design of the following sanitary sewer
improvements:
i. Replacement of approximately 250 lineal feet of existing 6"
sanitary service with an 8" gravity sewer, located at the
southwest quadrant of the intersection of Game Farm Road and
Somonauk Street.
ii. Separation and replacement of a combined sanitary sewer
service line on Somonauk Street located between West Street
and King Street; in which the single service line is reported by
the United City of Yorkville to serve two (2) separate
dwellings.
c. Water main improvements will be performed under pressure by the use of
tapping sleeves and valves, to be installed in valve vaults.
3. Smith Engineering Consultants (SEC) will complete the following tasks
(YORK- 040098.04 -3):
a. Prepare plans and specifications for the water and sewer main
improvements identified in the project understanding. Plans and
specifications for the water and sewer main improvements will be included
in the final overall bid documents for the Game Farm Road Improvement
project.
b. Prepare and submit the required water and sanitary sewer main
construction permit applications to IEPA.
c. Prepare an EOPCC for the proposed water and sewer main improvements.
d. Prepare the water and sanitary sewer specifications (to be included with
the Game Farm Road plans and specifications).
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road/Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 7
e. Prepare plans and specifications for three (3) submittals including:
Preliminary, Pre - Final, and Final.
C. Meetings
1. Three (3) meetings with IDOT:
a. Two (2) to discuss the roadway plans.
b. One (1) to discuss the traffic signal plans.
2. Two (2) meetings with the United City of Yorkville.
3. Two (2) meetings with Kane/Kendall Council of Mayors.
This item includes preparation of meeting minutes and distribution to meeting
attendees.
D. Administration /Coordination
1. This item includes general administrative tasks associated with the proposal.
2. Conduct general coordination throughout the project with IDOT, United City
of Yorkville, Kane/Kendall County of Mayors, Federal Highway
Administration (FHWA), and IEPA.
3. Utility Coordination:
Submit preliminary plans to the various utilities, known to have services
within the project limits so that they may note locations of their existing
facilities. Existing information obtained from utility companies will be
incorporated as part of the roadway plans.
E. Deliverables
Deliverables included in this contract are:
1. Roadway and traffic signal plans and specifications.
2. Water main and sanitary sewer plans and specifications.
3. IEPA Water and Sanitary Sewer Main Construction Permit Application.
4. Opinion of Probable Construction Cost.
i
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road/Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 8
Plans, specifications, and estimates will be prepared and submitted for review at
the preliminary, pre -final, and final stages.
F. Services by Others
1. Obtain soil borings for traffic signal foundations at Illinois Route 47 and
Somonauk Street from Midland Standard Engineering and Testing
(subconsultant).
G. Information to be Provided by Client
1. The United City or Yorkville shall provide field locates on all existing
finished and raw water mains located along Game Farm Road and Somonauk
Streets; bound between Illinois Route 47 and U.S. Route 34.
2. The United City of Yorkville shall provide field locates on existing sanitary j
service lines to be replaced on Somonauk Street.
H. Not Included in Contract
1. Landscaping Plans.
2. Preparation of Bid Package/Bid Review.
3. Advertisement for bidding (IDOT to advertise).
4. Plan sets for bidding (IDOT to have available).
5. Construction layout or construction observation.
6. Preparation of right -of -way plats or legal documents.
7. Lighting design.
8. Lighting plans.
9. Services for design and/or relocation of existing water or sanitary sewer mains
along Game Farm Road and Somonauk Street other than those listed above.
10. Meetings other than those listed above.
These services are available at an additional cost under a separate contract.
i
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road/Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 9
III. JMan -Hour & Fee Summaryl
Based upon our understanding of the project as detailed in this Contract, the following is a
summary of man-hours and costs associated with the project. This contract will be
completed as cost plus fixed fee.
ITEM I TASK I HOURS I COS R I COST T I CONSU TING f
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Surveying j
Pickup Survey 130 $ 9,961.26
Subtotal: 130 $9,961.26
Engineering
Roadway Plans and 1,306 $133,488.38
Specifications
Traffic Signal Plans 472 $44,299.45
Temporary Traffic Signal 368 I $34,497.05
Plans
Water main/Sanitary Sewer I 136 I $11,482.45
Plans and Specifications
Soil Borings (Sub - Consultant) 10 $1,131.74 $3,945.00
Utility Coordination 40 $3,473.10
Engineer's Opinion of I 24 I $2,375.92
Probable Cost
Estimate of Time 12 $1,255.26
Coordination/Administration 105 I $12,919.01 i
i QA/QC i 145 I $20,585.89 i
Subtotal: 2,618 $265,508.25 $3,945.00
Meetings
Meetings 52 $7,896.80
Subtotal: 52 1 $7,896.801 1
Direct Cost 1 i $ 16,358.88
Totals: 1 2,8001 $283,366.32 1 $16,358.88 + $3,945.00
Contract $303,670.20
Total: l
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road/Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 10
Direct Costs:
Prints:
Preliminary Submittal: 15 sets x 105 sheets /set x $2.70 /sheet x 1 submittals = $4,252.50
7 sets x 105 sheets /set x $0.68 /sheet x 1 submittal = $499.80
IDOT: 6 full -size, 6 half -size
Utilities: 8 full -size
City: 1 full -size
SEC: 1 half -size
Pre -Final Submittal: 15 sets x 105 sheets /set x $2.70 /sheet x 1 submittals = $4,252.50
7 sets x 105 sheets /set x $0.68 /sheet x 1 submittal = $499.80
Final Submittal: 15 sets x 105 sheets /set x $2.70 /sheet x 1 submittals = $4,252.50
7 sets x 105 sheets /set x $0.68 /sheet x 1 submittal = $499.80
Mileage: 3 trips x 70 miles /trip x $0.45 /mile = $94.50
2 trips x 40 miles /trip x $0.45 /mile = $36.00
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Mr. Joe Wywrot
United City of Yorkville
Game Farm Road/Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 11
IV. ADDITIONAL CONTRACT UNDERSTANDING
Extra Work
Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and
Material basis with prior approval of the CLIENT.
Outside Consultants
SMITH ENGINEERING CONSULTANTS (SEC) is not responsible for accuracy of any plans, surveys or information of any type
including electronic media prepared by any other consultants, etc. provided to SEC for use in preparation of plans.
SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by
others will not be done under this contract unless indicated in the Scope of Work.
Design Without Construction Review
It is agreed that the professional services of SEC do not extend to or include the review or site observation of the contractor's work or
performance. It is further agreed that the CLIENT will defend, indemnify and hold harmless SEC from any claim or suit whatsoever,
including but not limited to all payments, expenses or costs involved, arising from the contractor's performance or the failure of the
contractor's work to conform to the design intent and the contract documents. SEC agrees to be responsible for its employees
negligent acts, errors or omissions.
Attorneys' Fees
In the event of any litigation arising from or related to the services provided under this AGREEMENT, the prevailing party will be
entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees and other related expenses.
Certificate of Merit
The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against SEC unless the CLIENT
has first provided SEC with a written certification executed by an independent design professional currently practicing in the same
discipline as SEC and licensed in the State of Illinois. This certification shall: a) contain the name and license number of the certifier;
b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design
Professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's
opinion that each such act or omission constitutes such a violation. This certificate shall be provided to SEC not less than thirty (30)
calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding.
Standard of Care
Services provided by SEC under this AGREEMENT will be performed in a manner consistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing under similar circumstances.
Job Site Safety
Neither the professional activities of SEC, nor the presence of SEC'S employees and subconsultants at a construction site, shall
relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to,
construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all
portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any
regulatory agencies. SEC and its personnel have no authority to exercise any control over any construction contractor or other entity
or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor
is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the
General Contractor. The CLIENT also agrees that the CLIENT, SEC and SEC'S consultants shall be indemnified and shall be made
additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non - contributory
basis.
Reuse of Documents
All project documents including, but not limited to, plans and specifications furnished by SEC under this project are intended for use
on this project only. Any reuse, without specific written verification or adoption by SEC, shall be at the CLIENT's sole risk, and
CLIENT shall indemnify and hold harmless SEC from all claims, damages and expenses including attorney's fees arising out of or
resulting therefrom.
Ownership of Instruments of Service
All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all
documents on electronic media prepared by SEC as instruments of service shall remain the property of SEC. SEC shall retain these
records for a period of five (5) years following completion/submission of the records, during which period theywill be made available
to the CLIENT at all reasonable times.
I
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road /Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 12
Drywells, Underdrains and Other Infiltration Devices
Services provided by SEC under this AGREEMENT do NOT include the geotechnical design of drywells, underdrains, injection
wells or any other item that may be devised for the purpose of removing water from the CLIENT'S property by infiltration into the
ground. Due to the high variability of soil types and conditions such devices will not be reliable in all cases. While for this reason
SEC does not recommend the use of these devices, in some cases their use may be necessary to obtain an adequate amount of area for
development on the CLIENT'S property. Since the use of these devices is intended to enhance the value of the CLIENT'S property
and, in some cases, allow development that would otherwise not be possible, the CLIENT will assume all risks inherent in the design
and construction of these devices, unless the contractor or a Geotechnical Engineer assumes these risks. Typical risks include but are
not limited to:
1. Failure to obtain the required release rate;
2. Variability of the soils encountered during construction from those encountered in soil borings; (Soils can vary widely over
a small change in location, horizontal or vertical, particularly with regards to permeability.)
3. Failure of the device due to siltation, poor construction or changes in the water table;
4. Need to obtain additional soils information (i.e. borings etc.) to evaluate the function of installed devices;
5. Reconstruction of failed or inadequate devices;
I
6. Enlargement of detention/ retention facilities to make up for release rates that are lower than those used in the stormwater
design, including engineering design and additional land required for such enlargement; and
7. Regular maintenance to remove accumulated silt over the device's life span.
If the use of these devices is required SEC will advise the CLIENT that a Geotechnical Engineer must be retained to consult on the
project. The CLIENT must enter into a separate agreement directly with this consultant. They will not be sub - contracted through
SEC nor are their fees included as part of this AGREEMENT. SEC will work together with this consultant to obtain a final design.
Our collaboration may include the use of a common standard detail or the creation of a new standard detail. SEC may make
suggestions to the Geotechnical Engineer on ways to tailor these devices to meet the needs of the overall site design. The
Geotechnical Engineer will evaluate these suggested details and modifications based on his experience and measured soils information
to estimate the release rate for each detail considered. SEC may use a release rate of these devices as provided by the Geotechnical
Engineer for the design of the stormwater system. This rate may be faxed to us, as a draft copy of the Geotechnical Engineers report
or as a final copy of that report. In no case will SEC accept responsibility for the determination of the expected release rate of these
devices.
If certification of the contractor's construction of these devices is required by the municipality or desired by the CLIENT a
Geotechnical Engineer must also be obtained for these services. This is highly recommended in order to observe the actual soils
where the devices are being constructed and to verify that the construction methods used do not violate any assumptions made by the
Geotechnical Engineer during the design and evaluation of the standard detail. If a Geotechnical Engineer is not retained by the
CLIENT to provide construction review, the CLIENT shall assume all risks that the devices may fail requiring additional geotechnical
investigation or reconstruction. Any construction inspection services provided by SEC shall not include inspection of these devices.
Failure to Abide by Design Documents or to Obtain Guidance
The CLIENT agrees that it would be unfair to hold SEC liable for problems that might occur should SEC'S plans, specifications or
design intents not be followed, or for problems resulting from others' failure to obtain and/or follow SEC'S guidance with respect to
any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of
implementing SEC'S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim against SEC,
and agrees to defend, indemnify and hold SEC harmless from any claim for injury or losses that results from failure to follow SEC'S
plans, specifications or design intent, or for failure to obtain and/or follow SEC'S guidance with respect to any alleged errors,
omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing SEC'S plans,
specifications or other instruments of services. The CLIENT also agrees to compensate SEC for any time spent and expenses incurred
by SEC'S prevailing fee schedule and expense reimbursement policy.
Opinion of Probable Construction Cost
SEC shall submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by
SEC. SEC is not a construction cost estimator or construction contractor, nor should SEC'S rendering an opinion of probable
construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor
would provide. SEC'S opinion will be based solely upon his or her own experience with construction. This requires SEC to make a
number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals
i
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road /Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 13
engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the
contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which
SEC has no control. Given the assumptions which must be made, SEC cannot guarantee the accuracy of his or her opinions of cost,
and in recognition of that fact, the CLIENT waives any claim against SEC relative to the accuracy of SEC'S opinion of probable
construction cost.
Design Information in Electronic Form
Because CADD information stored in electronic form can be modified by other parties, intentionally or otherwise, without notice or
indication of said modifications, SEC reserves the right to remove all indicia of its ownership and/or involvement in the material from
each electronic medium not held in its possession. The CLIENT shall retain copies of the work performed by SEC in CADD form
only for information and use by the CLIENT for the specific purpose for which SEC was engaged. Said materials shall not be used by
the CLIENT, or transferred to any other party, for use in other projects, additions to the current project, or any other purpose for
which the material was not strictly intended by SEC without SEC'S express written permission.
Any use or reuse of original or altered CADD design materials by the CLIENT, agents of the CLIENT, or other parties without the
review and written approval of SEC shall be at the sole risk of the CLIENT. Furthermore, the CLIENT agrees to defend, indemnify,
and hold SEC harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse
of these materials.
The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk and
magnetic tape, may be subject to undetectable alteration and /or uncontrollable deterioration. The CLIENT, therefore, agrees that SEC
shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period,
during which time SEC shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the
contract and specifications. After 40 days, at the request of the CLIENT, SEC shall submit a final set of sealed drawings, and any
additional services to be performed by SEC relative to the submitted electronic materials shall be subject to separate AGREEMENT.
Dispute Resolution
In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the
project, the Consultant and CLIENT agree that all disputes between them arising out of or relating to this AGREEMENT shall be
submitted to nonbinding mediation unless the parties mutually agree otherwise. If the dispute cannot be settled amicably, it shall then
be settled by arbitration in the State of Illinois in accordance with the American Arbitration Associates. The Award of the arbitrator
shall be conclusive and binding upon the parties.
The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of SEC and its subconsultants to the CLIENT for any
and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees
and costs and expert witness fees and costs, so that the total aggregate liability of SEC and its subconsultants to all those named shall
not exceed SEC'S total fee for services rendered on this project, whichever is greater. It is intended that this limitation apply to any
and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
Hazardous Materials
It is acknowledged by both parties that SEC'S scope of services does not include any services related to asbestos or hazardous or toxic
materials. In the event SEC or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become
known in anyway that such materials maybe present at the job site or any adjacent areas that may affect the performance of SEC'S
services, SEC may, at its option and without liability for consequential or any other damages, suspend performance of services on the
project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and /or remove the asbestos or
hazardous or toxic materials, and warrant that the job site is in full compliance with applicable laws and regulations.
Exclusion
This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services.
These work items are considered extra and are billed separately on an hourly basis.
Payment
1. All work will be invoiced on a monthly basis. All invoices shall be paid within 30 days of the invoice date.
Should the CLIENT fail to pay for professional services hereunder, as billed within 30 days of such billing, SEC shall be
excused from rendering any further services under this project. No work shall be signed or sealed until payment in full is
received.
2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT
signed by the other.
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road/Somonauk Street Reconstruction
SEC Job No.: YORK- 040098.04 -3, -4
April 26, 2007
Page 14
Inclement Weather
In the event of a substantial weather system affecting the completion of the said project, SEC retains the right to renegotiate additional
fees to cover time needed to complete the said project. Substantial weather conditions include but not limited to extensive rain, high
winds, snow greater than two (2) inches and ice.
Time Limit
This AGREEMENT must be executed within thirty (30) days of the composition date to be accepted under the terms set forth herein.
This contract shall expire one year from date of execution.
Work cannot begin until we have your signed AGREEMENT. If this AGREEMENT merits your approval and acceptance, please sign
both copies, retain one copy for your files and return one to our office.
Y.Vobs\Smith\2004 \040098 Game Farm Phase 1\040098.04 Game Farts Road Phase 11\administration\conlract \040098.04 -Game Farm Phase 11 Proposal- 042607 -crf doc
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MIDLAND STANDARD ENGINEERING & TESTING, INC.
26575 W. COMMERCE DRIVE, UNIT 607
VOLO, ILLINOIS 60073
(847) 270 -0832 f(847) 270 -0836
March 14, 2007
Mr. Glen Tredinnick
Smith Engineering Consultants, Inc.
759 John Street
Yorkville, Illinois 60560
Re: Proposal for Structure Borings
Somonauk Road and Illinois Route 47
Yorkville, Illinois
I
Dear Mr. Tredinnick:
We are pleased to have the opportunity to submit the following proposal for the
performance of a soil exploration on the referenced project. We understand that
this project may include state and /or federal funding and we have used our
prevailing unit rate schedule for 2007, negotiated during prequalification with
the State of Illinois.
Project Description and Scope of Work
The project consists of intersection improvements including new mast arm
traffic signals. A total of four (4) borings are planned for the signal foundations.
The borings will be drilled to a depth of twenty -five (2 5) feet below the present
ground surface.
Method of Performance - Field Work
The pavement subgrade and structure borings will involve drilling test holes that
incorporate standard penetration tests and split -spoon sampling at 2-1/2 foot
intervals. The borings will be performed in compliance with the current State of
Illinois, Geotechnical Manual.
In our proposal, we have included provisions for rough layout of the borings and
have assumed that the final locations and elevations will be determined by Smith
Engineering Consultants or will be referenced to centerline stationing provided
by the Engineer.
Method of Performance - Analvsis and Report,
The structure borings will be presented on boring logs. The results of this field
exploration and laboratory testing would be used in an analysis and formulation
of our recommendations. Major subject areas for our analysis, recommendations
and report would consist of stating the existing subsurface soil and ground
water conditions and a review' of foundation conditions. A written report
summarizing and presenting the data and recommendations will be prepared by a
Registered Professional Engineer.
Timing
We will begin on work after notice to proceed. We plan on mobilizing and doing
all the borings concurrently. The final report is expected to be complete four
weeks after notice to proceed.
Fees
We propose to provide this work at the unit rates quoted on the attached
Schedule of Services and Fees, Attachments 1.1 through 1.2. These estimated
quantities and unit rates are based on information as outlined in this proposal
and experience on past projects. On the basis of the above information, we
estimate that these services can be provided for a fee of $ 3,945.00.
General
For this project, we will assign Mr. William J. Wyzgala, P.E. as Project Engineer.
He is acquainted with the local subsurface conditions and has participated in the
planning, development and execution of numerous highway soil explorations in
this area. We are looking forward to working with you on this project.
Respectfully submitted,
MIDLAND STANDARD ENGINEERING & TESTING, INC.
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� 7 ` V -
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William J. Wyzgala, P.E.
Project Engineer
WJW /rlm
Enclosure: Attachments 1.1, 1.2, and General Conditions
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ATTACHMENT 1.1
SCHEDULE OF SERVICES AND FEES
TRAFFIC SIGNAL MAST ARM FOUNDATIONS - GAME FARM ROAD AND SOMONAUK ROAD
YORKVILLE, ILLINOIS
Item Estimated Quantity Unit Cost Extension
Field Services
Mobilization of Drilling equipment,
traffic control and personnel, lump sum 1 $400.00 $400.00
Structure Borings for Traffic Control
Foundations with Split Spoon Sampling, If. 100 $19.00 $1,900.00
Field Services Total: $2,300.00
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Laboratory Services
Moisture Content Determinations, ea 40 $5.50 $220.00
Laboratory Services Total: $220.00
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Engineering Services for Soil Survev Including:
Layout Coordination w /Design Engineer
Utility Clearance and Permits
Engineering Supervision of Soil Borings
Analysis and Recommendations for Foundations
Report Preparation, Consultation
Estimated Cost (@ Unit Rates Listed on Attachment 1.2) $1,425.00
TOTAL: $3,945.00
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ATTACHMENT 1.2
ENGINEERING SERVICES
TRAFFIC SIGNAL MAST ARM FOUNDATIONS - GAME FARM ROAD AND SOMONAUK ROAD
YORKVILLE, ILLINOIS
Our fees for Engineering Services will be based on the actual number of hours required to
complete the work, and will be determined on a Unit Rate Basis at these rates for each
classification of personnel:
Rate /Hour
Principal Engineer, per hr. $125.00 $0.00
Project Engineer, per hr. 1 $95.00 $95.00
Staff Engineer, per hr. 6 $80.00 $480.00
Field Engineer, per hr. 10 $75.00 $750.00
Technician, per hr. $62.00 $0.00
Drafting, per hour 2 $ 50.00 $100.00
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$1,425.00
I
EFFECTIVE JANUARY, 2006
MIDLAND STANDARD ENGINEERING & TESTING, INC.
FEE AND RATE SCHEDULE
GENERAL CONDITIONS
ENGINEERING AND ASSOCIATED SERVICES WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE
Fees for our services will be based upon the time worked on the WORK UNDER ORAL AGREEMENT UPON FAILURE OF THE
CLIENT TO PAY INVOICES AS DUE.
project at the following rates:
Rate Per Hour
Project Engineer
Project Mgr. /Sr. Engineer, P.E. INSURANCE
Project Engineer, P.E. We maintain Workman's Compensation Insurance and Employer's
Sr. Staff/Field Engineer Liability Insurance in conformance with state law. In addition, we
Field Engineer See attached maintain Comprehensive General Liability Insurance and
Eng. Technician proposal Automobile Liability Insurance with bodily injury (limit
Sr. Technician for rates $1,000,000 each occurrence, $1,000,000 aggregate) and property
Technician damage(Iunit $1,000,000 each occurrence, $1,000,000 aggregate).
CAD Draftsman
Draftsman Within the limits of said insurance, we agree to hold the client
Word Processing hannless from and against loss, damage, injury or liability arising
directly from the negligent acts or omissions of ourselves, our
OVERTIME RATES: Applicable to all classifications below employees, agents, subcontractors and their employees and agents. It
Staff Eng. - O.T. Rates are 1.40 times straight time the client placed greater responsibilities upon us or requires further
insurance coverage, we if specifically so directed will take out
additional insurance (if procurable) to protect us, at the clients'
REIMBURSABLE EXPENSES expense. But we shall not be responsible for property damage from
any cause, including fire and explosion, beyond the amounts and
The following items are reimbursable to the extent of actual expenses: coverage of our insurance. j
1. Transportation, lodging and subsistence for out of town
travel
2. Long distance telephone, telegraph and cable charges.
3. Special mailings and shipping charges. LIMITATION OF PROFESSIONAL LIABILITY
4: Special materials and equipment unique to the project. The Client recognizes the inherent risks connected with
5. Automobile travel on projects. construction. In performing our professional services, we will use
6. Computer charges. that degree of care and skill ordinarily exercised, under similar
circumstances, by reputable members of our profession practicing in
the same or similar locality. No other warranty, express or implied, is
TEST BORINGS AND FIELD INVESTIGATIONS made or intended by the proposal for consulting service or by
furnishing oral or written reports of the findings made. It is agreed
On projects requiring test borings, test pits, or other explorations, that the Client will limit any and all liability, claim for damages, cost
we may obtain the services of reputable subcontractors to perform of defense or expenses to be levied against us on account of any
such work. design defect, error, omission, or professional negligence to a sum
not to exceed $2,000,000, or the amount of our fees, which ever is
greater.
SPECIAL RATES
Per Diem or other special rates can be established for specific
projects when conditions indicate the desirability of such rates. INVOICES
Progress invoices will be submitted to the client monthly and afinal
bill will be submitted upon completion of the services. Invoices
INCREASES will show charges for different personnel and expense classifications.
Fee schedule increases made by our firm on an over -all client basis A more detailed separation of charges and data will be provided at
will be applied to work on all projects as they become effective. At clients request, but each invoice is due on presentation and is past
least 30 days advance notice of such increases will be given. due thirty (30) days from invoice date. Client agrees to pay a finance
y charge of 1 1/2% per month, or the maximum rate allowed by law on
past due accounts.
ACCESS TO SITES The clients obligation to pay for the work contracted is in no way
Unless otherwise agreed, the Client will furnish us with right -of- dependent upon the clients ability to obtain financing, zoning,
access to the site in order to conduct the planned exploration. We approval of governmental or regulatory agents, or upon the client's
will take responsible precautions to minimize damage to the site due successful completion of the project.
to our operations, but have not included in the fee the cost of
restoration of any damage resulting from the operations. If the Client
desires, we will restore any damage to the site and add the cost of
restoration to the fee.
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A3 ✓UNl����'E�
110468
Illinois DepartnlPllt Cost Estimate of
of Transportation
Consultant Services
(CPFF)
Firm: SEC Smith Engineering Consultants Date 06/28/07
Route: Game Farm Road
Section: 03- 00031 -00 -FP Overhead Rate 141.88%
County: Kendall
Job No.: Complexity Factor 0
PTB & Item:
DBE Overhead In -House Fixed Outside Services DBE % of
Drop Item Manhours Payroll & Direct Fee Direct By Total Total Grand
Box Fringe Benefits Costs Costs Others Total
(A) (B) (C) (D) (E) (F) (G) (B +C +D +E+F +G) (B +C +D +E +F +G)
Pickup Survey I 130 3,596.74 5,103.051 1,261.47 9,961.26 3.28%
Roadway Plans 1306 48,199.00 68,384.74 16,904.64 133,488.38 43.96%
Traffic Signal Plans 472 15,995.32 22,694.16 5,609.97 44,299.45 14.59%
Temp Traffic Signal Plans 368 12,455.94 17,672.49 4,368.62 .34,497.05 11.36%
Water Main Plans 136 4,146.00 5,882.34 1,454.11 11,482.45 3.78 %I
Soil Borings 10 408.64 579.78 143.32 1,131.74 0.37 %1
Utility Coordination 40 1,254.04 1,779.23 439.82 3,473.10 1.14 %1
Opinion of Costs 24 857.88 1,217.16 300.88 2,375.92 0.78 %1
Estimate of Time 12 453.24 643.06 158.96 1,255.26 0.41 %1
Administration 105 4,664.70 6,618.28 1,636.03 12,919.01 4.25 %�
Meetings 52 2,851.32 4,045.45 1,000.03 7,896.80 2.60%
QAQC 5 % 145 7,433.00 10,545.94 2,606.95 20,585.89 6.78%
Direct Costs 0 0.00 0.00 0.00 16,358.88 16,358.88 5.39%
SUB - Midland 0 0.00 0.00 0.00 3,945.00 3,945.00 3,945.00 1.30 %1
1
1
TOTALS 2800 102,315.821 145,165.69 0.00 35,884.82 16,358.881 3,945.00 3,945.00 303 670.20 100.00 %
DBE 1.30%
Printed 6/28/2007 Page 3 BDE 025 (Rev. 11/06)
�j Innm Department
of Transportation
Average Hourly Project Rates
Route FAU 1550 Game Farm Road - Somonauk Street
Section 03- 00031 -00 -FP
County Kendall Consultant SEC - Smith Engineering Consultants Date 06/28/07
Job No.
PTB /Item Sheet 1 OF 3
Payroll Avg Total Project Rates Survey Roadway Plan Preparation Traffic Signal Plans Temp Traffic Signal Plans Water - Sanitary
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
Principal 69.44 276 9.86% 6.84 174 13.32% 9.25 12 2.54% 1.77 12 3.26% 2.26
Associate 51.43 48 1.71% 0.88 10 0.77% 0.39 2 1.47% 0.76
Senior Project Manager 45.87 202 7.21% 3.31 48 3.68% 1.69 22 16.18% 7.42
Senior Civil Engineer 43.44 339 12.11% 5.26 180 13.78% 5.99 80 16.95% 7.36 64 17.39% 7.55
Civil Engineer III 33.72 852 30.43% 10.26 300 22.97% 7.75 252 53.39% 18.00 180 48.91% 16.49 24 17.65% 5.95
Civil Engineer II 28.15 340 12.14% 3.42 250 19.14% 5.39 28 5.93% 1.67 22 5.98% 1.68 40 29.41% 8.28
Engineering Technician 24.76 510 18.21% 4.51 320 24.50% 6.07 80 16.95% 4.20 70 19.02% 4.71 24 17.65% 4.37
Administrator 21.02 103 3.68% 0.77 24 1.84% 0.39 20 4.24% 0.89 20 5.43% 1.14 24 17.65% 3.71
Senior Surveyor 39.15 6 0.21% 0.08 6 4.62% 2
Surveyor III 30.76 64 2.29% 0.70 64 49.23% 15.14
_Surveyor II 23.22 60 2.14% 0.50 60 46.15% 10.72
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
TOTALS 2800 100% $36.54 130 100% $27.67 1306 100% $36.91 472 100% $33.89 368 100% $33.85 136 100%
$30.49
BDE 025 (Rev. 11106)
Pr' 16/28/2007 4
Illinois Department
of Transportation
Average Hourly Project Rates
Route
Section
County Consultant Smith Engineering Consultants Date 06/28107
Job No.
PTB /Item Sheet 2 OF 3
Payroll Avg Soil Borings Utility Coordination Opinion of Costs Estimate of Time Administration Meetings
Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % W gtd
Classification Rates Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg
Principal 69.44 2 20.00% 13.89 30 28.57% 19.84 16 30.77% 21.37
Associate 51.43 1 16 30.77% 15.82
Senior Project Manager 45.87 4 10.00% 4.59 4 16.67% 7.65 4 33.33% 15.29 20 19.05% 8.74 20 38.46% 17.64
Senior Civil Engineer 43.44
Civil Engineer III 33.72 8 80.00% 26.98 20 50.00% 16.86 20 83.33% 28.10 8 66.67% 22.48 40 38.10% 12.85
Civil Engineer II 28.15
Engineering Technician 24.76 16 40.00% 9.90
Administrator 21.02 15 14.29% 3.00
Senior Surveyor 39.15
Surveyor III 30.76
Surveyor II 23.22
TOTALS 10 100% $40.86 40 100% $31.35 24 100% $35.75 12 100% $37.77 105 100% °
$44.43 52 100% $54.83
BIDE 025 (Rev. 11106)
P d 6/28/2007 , 5
Illinois Departrr>ent
ofi Transportation
Average Hourly Project Rates
Route
Section
County Consultant Smith Engineering Consultants Date 06128/07
Job No.
PTB /Item Sheet 3 OF 3
Payroll Avg QAQC5 % Direct Costs SUB - Midland
Hourly Hours % I 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
Principal 69.44 30 20.69% 14.37
Associate 51.43 20 13.79% I 7.09
Senior Project Manager 45.87 80 55.17% 25.31
Senior Civil Engineer 43.44 15 10.34% 4.49
Civil Engineer III 33.72
Civil Engineer II 28.15
Engineering Technician 24.76
Administrator 21.02
Senior Surveyor 39.15
Surveyor III 30.76
Surveyor II 2122
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TOTALS 145 I 100% $51.26 0 0% $0.00 0 0% $0.00 0 0% ° °
$0.00 0 0 /o $0.00 0 0 /o $0.00
BDE 025 (Rev. 11/06)
Pr' 4 6/28/2007 r 6
Illinois Departrnent
of Transportation
Average Hourly Project Rates
Route
Section
County Consultant Smith Engineering Consultants Date 06128/07
Job No.
PTB /Item Sheet 4 OF 3
Payroll Avg
Hourly Hoursl % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % I Wgtd Hours % Wgtd
Classification Rates Part. Avg Part . Avg Part. Avg Part. Avg Part. Avg Part. Avg
Principal 69.44
Associate 51.43
Senior Project Manager 45.87
Senior Civil Engineer 43.44
Civil Engineer III 33.72
Civil Engineer II 28.15
Engineering Technician 24.76
Administrator 21.02
Senior Surveyor 39.15
Surveyor III 30.76
Surveyor II 23.22
TOTALS 0 0% $0.00 0 0% $0.00 0 0% $0.00 0 0% ° °
$0.00 0 0 /o $0.00 0 0 /o $0.00
P 16/28/2007 7 BDE 025 (Rev 11106)
116nois Department
of Transportation
Average Hourly Project Rates
Route
Section
County Consultant Smith Engineering Consultants Date 06/28/07
Job No.
PTB /Item Sheet 5 OF 3
Payroll Avg
Hourly Hours % Wgtd Hours % I Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd
Classification Rates Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg
Principal 69.44
Associate 51.43
Senior Project Manager 45.87
Senior Civil Engineer 43.44
Civil Engineer III 33.72
Civil Engineer II 28.15
Engineering Technician 24.76
Administrator 21.02
Senior Surveyor 39.15
Surveyor III 30.76
Surveyor II 23.22
TOTALS 0 0% $0.00 0 0% $0.00 0 0% $0.00 0 0% $0.00 0 0% $0.00 0 0% $0.00
BDE 025 (Rev. 11/06)
Pr . 1 6128/2007 8
DIR ECT COSTS
PRINTING _
- - - -- - - -- - - -- - - -- - - C.0 ( - cc -- m
r
X X X X X X X
Nt 't � It r r 00 W 00 W
N N N N r r r
c�0 �6 � --
O O w p U O co p U O y O tq to
O� 6 0 � =1 O p ..) O O N - O O
Item Z O Z � U) _a__ U Z � c U _ c -E U U
Utility base sheets _ 10 8 _ 80 2.70 216.00 1 10 0.68 7 _ 0 0.11 0
Pre plans -- -- 105 15 1575 2.70 4252.50 7 735 0.68 499.80 0 0.111 01
Pre -final plans - _ 105 15 1575 2.70 4252.50 7 735 0.68 499.80 j 0 0.11 1 0 1
Final plans 105 15 1575 2.70 4252.50 7 735 0.68 499.80 _ 1 0 0.111 0
ROW coordination 10 2 20 2.70 54.00 1 10 0.68 6.80 L 0 0.111 0
- - - -- - - - - -- - - - - - - -- -- - - --
Soils base 10 4 40 2.70 1 08.00 0 0.68 0 I 0 0.11 j 01
Meet ing minutes_ -_ 20 _ _ 0 _ - 2 ._7 0 0.00 - -- -- 0 -- 0.68 0 201 400 0.111 44.001 -
Preliminary special provisions 20 - - 0 _ 2.70 - 0.00 _ _ _ - 0.68 0 20 400 0.11 44.001
Pr special provisions - 20 - - 0 -- - -- 2.70 - 0.00 - __ 0 0.68 0 20 1 400 0.111 44.001 _
Fin al s pecial p - -- - 20 - _ 0 - 2 _ 0.00 _ 0 - 0.68 _ 0 12 1 240 0.11 26.401 20.0_0
Dr ainage calculations _ _ _ 100 _ 0 2_. _ 0.00 _ _ 0 0.68 0 2 200 0.111 22.00 1_ - _
Quantity 200 0 2.70 0.00 0 0.68 0 2 400 0.11 44.001
4.00
calculations- - - - - -- - - - -- - -- - -- - - - -- - --
Miscell aneous 10 4 40 2.70 1 08.00 4 40 0.68 2 7.20 4 40 0.11 4.40 �- --
- - -- - - - - -- -- - - - -- - - - - -- - - -- - - - - -- --
Draft permits _- _ -- 10 -_ 0 2.70 _ 0.00 _ 0 0.68 0 20 200 0.11 _ 22.00 _
Color exhibits 10 10 100 5.00 500.00 10 100 1.00 100.00 0 0.5 0
Sub -Total - -_- 1,640.20 250.80 20.00
- - - - - - -- Total $ 15,654.50 - - - -- - -- -- - - - - -- -- - - - - -- - -- � -� - - --
1
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DIRECT COSTS
TRAVEL
One -way distance 1 Round trip
From ! To (Miles) ! (Miles) j No. of trips Miles Unit cost Cost
! I j $ / mile $
SEC - Yorkville Site - Yorkville 2 i 4 j 10 1 40 0.445 1 17.80
SEC - Yorkville Client - Yorkville 2 1 4 10 40 0.445 17.80
SEC- Yorkville IDOT - Ottawa 30 60 1 5 j 300 0.445 ! 133.50
SEC -Plano Site - Yorkville j 6 j 12 j 12 144 0.445 64.08
SEC- Yorkville Other agencies 1 140 0.445 j 62.30
On -site travel ' 20 0.445 8.90
Total j $ 304.38
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DIRECT COSTS
MAIL
Postage ! 60.00
Overnight deliveries 100.00
Envelopes i 40.00
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Total; $ 200.00
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GRAND TOTAL SUMMARY
Printing $ 15,654.50
Travel $ 304.38
Mail $ 200.00
Survey supplies j $ 200.00
Total j $16,358.88
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Local Agency State Contract Day Labor Local Contract RR Force Account
Illinois Department
of Transportation City of Yorkville X
Local Agency Agreement Section Fund Type ITEP Number
for Federal Participation 03- 00031 -00 -FP STU
Construction Enqineerinq Right- of -Wav
Job Number Project Number Job Number Project Number Job Number I Project Number
P -93- 033 -07 M -8003 (811)
This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting
by and through its Department of Transportation, hereinafter referred to as "STATE ". The STATE and LA jointly propose to improve the
designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the
STATE's policies and procedures approved and /or required by the Federal Highway Administration hereinafter referred to as "FHWA ".
Location
Local Name Game Farm Road - Somonauk Street Route FAU 1550 Length 5,500 feet
Termini U.S. Route 34 and IL Route 47
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Current Jurisdiction City of Yorkville Existing Str. No
Project Description
Reconstruction of Game Farm Road - Somonauk Street from U.S. Route 34 to IL Route 47 to include turn lanes, urban cross section, storm
sewer, and sidewalk improvements.
Division of Cost
Type of Work FHWA % STATE % LA % Total
Participating Construction ( ) ( ) ( )
Non - Participating Construction ( ) ( ) ( )
Preliminary Engineering 151,835.10 ( 50 ) ( ) 151,835.10 ( 50 ) 303,670.20
Construction Engineering ( ) ( ) ( )
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
TOTAL $ 151,835.10 $ $ 151,835.10 $ 303,670.20
NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and
State participation. The actual costs will be used in the final division of cost for billing and reimbursment.
If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above.
The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost.
Local Agency Appropriation
By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and
additional funds will be appropriated, if required, to cover the LA's total cost.
Method of Financing (State Contract Work)
METHOD A- - -Lump Sum (95% of LA Obligation)
METHOD B - -- Monthly Payments of
METHOD C --- LA's Share divided by estimated total cost multiplied by actual proqress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Page 1 of 4 BLR 05310 (Rev. 2/06)
Printed on 5/9/2007 10:13:51 AM
Agreement Provisions
THE LA AGREES:
(1) To acquire in its name, or in the name of the state if on the state highway system, all right -of -way necessary for this project in
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all
requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be
cooperatively determined by representatives of the LA, and STATE and the FHWA, if required.
(2) To provide for all utility adjustments, and to regulate the use of the right -of -way of this improvement by utilities, public and private,
in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
of the proposed improvement.
(4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied
by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required.
(5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that
portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
(7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to
verify the amounts, 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; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; 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 STATE for the recovery of any funds paid by the STATE under the contract for
which adequate books, records and supporting documentation are not available to support their purported disbursement.
(8) To provide if required, for the improvement of any railroad- highway grade crossing and rail crossing protection within the limits of
the proposed improvement;
(9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA; j
(10) (State Contracts Only) That the method of payment designated on page one will be as follows:
Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum,
an amount equal to 95% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE
the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the
project based upon final costs.
Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified
amount each month for an estimated period of months, or until 95% of the LA's estimated obligation under the
provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including
any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.
Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the
LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total
cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until
the entire obligation incurred under this Agreement has been paid.
(11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services
necessary to construct the complete project.
(12) (Preliminary Engineering) In the event that right -of -way acquisition for, or actual construction of the project for which this
preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the
fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this
Agreement.
(13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right -of -way is not undertaken by the
close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any
Federal Funds received under the terms of this Agreement.
(14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to
the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield,
Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad
related work. All railroad related work is also subject to approval be the Illinois Commerce Commission ()CC). Final inspection for
railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office.
Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for
review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic
signals should also be coordinated with the (DOT's District Bureau of Operations.
Page 2 of 4 BLR 05310 (Rev. 2/06)
Printed on 5/9/2007 10:13:51 AM
The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to
requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of
Local Roads and Streets office.
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(15) And certifies to the best of its knowledge and belief its officials:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) have not within a three -year period preceding this Agreement been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal,
State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen
property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with
commission of any of the offenses enumerated in item (b) of this certification; and
(d) have not within a three -year period preceding the Agreement had one or more public transactions (Federal, State, local)
terminated for cause or default.
(16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
(17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to
the responsible low bidder as determined by the STATE.
(18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of
any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of
a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions.
(c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties
(including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
(19) To regulate parking and traffic in accordance with the approved project report.
(20) To regulate encroachments on public right -of -way in accordance with current Illinois Compiled Statutes.
(21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with current Illinois Compiled Statutes.
(22) That the LA may invoice the STATE monthly for the FHWA and /or STATE share of the costs incurred for this phase of the
improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting
documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other
documentation supporting the requested reimbursement amount.
(23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of
the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000).
(24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all
applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date
of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the
improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed.
THE STATE AGREES:
(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity
of the LA's certification of compliance with Titles II and III requirements.
(2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the
STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a
satisfactory bid.
B) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and
to reimburse the LA for that portion of the cost payable from Federal and /or State funds based on the Agreed Unit Prices and
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
Page 3 of 4 BLR 05310 (Rev. 2/06)
Printed on 5/9/2007 10:13:51 AM
(4) (Local Contracts) That for agreements with Federal and /or State funds in engineering, right -of -way, utility work and /or construction
work:
(a) To reimburse the LA for the Federal and /or State share on the basis of periodic billings, provided said billings contain sufficient
cost information and show evidence of payment by the LA.
(b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited by
STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE.
IT IS MUTUALLY AGREED:
(1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve
the proposed improvement for Federal -aid participation or the contract covering the construction work contemplated herein is not
awarded within three years of the date of execution of this Agreement.
(2) This Agreement shall be binding upon the parties, their successors and assigns.
(3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and
performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.
The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of USDOT — assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by
USDOT, is incorporated by reference in 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.C. 3801 et seq.). In the absence
of a USDOT — approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the
provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program.
(4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to
appropriate or otherwise make available funds for the work contemplated herein.
(5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and /or
amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq .) unless the provisions of that Act exempt its
application.
ADDENDA
Additional information and /or stipulations are hereby attached and identified below as being a part of this Agreement.
Jumber 1 Location Mao.
(Insert addendum numbers and titles as applicable)
The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement
and all addenda indicated above.
APPROVED APPROVED
S to of Illinois
Name Valerie Burd De rt n o o at
Title Mayor
/Mayor Milton R. Sees, Acting Secretary
Signature /Ck.l��`�t.�e / L� /Lfl�_ Date df 'ol
Date S /aa /o 7
A
Milton R. Sees, hector f ighways /Chief Engineer
TIN Number 36- 6006169
_� its
NOTE: If signature is by an APPOINTED official, a resolution authorizing u l -H ins Chief Counsel
said appointed official to execute this agreement is required.
Ann L.. Schneider, Director of Finance and Administration
Page 4 of 4 BLR 05310 (Rev. 2/06)
Printed on 5/9/2007 10:13:51 AM
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ADDENDUM #1
LOCATION MAP
GAME FARM ROAD MAP
THE UNITED CITY OF YORKVILLE, ILLINOIS
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PROJECT LOCATION
GAME FARM ROAD
U.S. RTE 34 TO IL. RTE 47
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