Resolution 2007-40 Illinois Department Resolution for Improvement by
p Municipality Under the Illinois
of Transportation Highway Code
3E IT RESOLVED, by the 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
Veterans Parkway U.S. Rte. 34 At Sycamore Road
BE IT FURTHER RESOLVED,
1. That the proposed improvement shall consist of contract plans and specifications for the installation of traffic
signals at the intersection of U.S. Route 34 (Veterans Parkway) and Sycamore Road in the United City of Yorkville
I
and shall be constructed N/A wide
and be designated as Section 07- 00035 -00 -TL
2. That there is hereby appropriated the (additional ❑ Yes ® No) sum of
Forty Thousand Dollars ( $40,000.00 ) for the
improvement of said section from the municipality's allotment of Motor Fuel Tax funds.
3. That work shall be done by 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.
Approved I, Jackie Milschewski Clerk in and for the
United City of Yorkville
City, Town or Village
County of Kendall hereby certify the
Date
foregoing to be a true, perfect and complete copy of a resolution adopted
by the Council
Council or President and Board of Trustees
Department of Transportation at a meeting on \ —I
Date
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this
day of
Regional Engineer
(SEAL)
Q_
C - 64, own, or Village Clerk
Printed 5/31/2007 BLR 09111 (Rev. 11/06)
LAO
Municipality L Name
United City of Yorkville p Illinois Department C Smith Engineering Consultants
C of Transportation o
Township A $ Address
L
Preliminary Engineering 759 John Street
County A Services Agreement L City
y G For T y
Kendall E Motor Fuel Tax Funds A Yorkville
Section C T State
07- 00035 -00 -TL y Illinois
THIS AGREEMENT is made and entered into this day of between the above Local
Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the
improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general
supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT ", will be used entirely or in part
to finance ENGINEERING services as described under AGREEMENT PROVISIONS.
Section Description
Name Traffic Signal Plans and Specifications
Route U.S. Route 34 Length N/A Mi. N/A FT (Structure No. N/A )
Termini At Sycamore Road
Description:
Contract plans and specifications will be prepared for the installation of traffic signals at the intersection of U.S. Route 34 and
Sycamore Road in the United City of Yorkville.
Agreement Provisions
The Engineer Agrees,
1. To perform or be responsible for the performance of the following engineering services for the LA, in connection with the
proposed improvements herein before described, and checked below:
a. ❑ Make such detailed surveys as are necessary for the preparation of detailed roadway plans
b. ❑ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation
of detailed bridge plans.
c. ® Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and
analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement.
Such investigations are to be made in accordance with the current requirements of the DEPARTMENT.
d. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to
furnish sufficient data for the design of the proposed improvement.
e. ❑ Prepare Army Corps of Engineers Permit, Department of Natural Resources - Office of Water Resources Permit,
Bridge waterway sketch, and /or Channel Change sketch, Utility plan and locations, and Railroad Crossing work
agreements.
f. ❑ Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types)
and high water effects on roadway overflows and bridge approaches.
g. ® Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA
with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all
documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction.
h. ❑ Furnish the LA with survey and drafts in quadruplicate of all necessary right -of -way dedications, construction
easement and borrow pit and channel change agreements including prints of the corresponding plats and staking
as required.
Note: Four copies to be submitted to the Regional Engineer
Printed 5/31/2007 Page 1 of 4 BLR 05510 (Rev. 11/06)
i. ❑ Assist the LA in the tabulation and interpretation of the contractors' proposals
j. ❑ Prepare the necessary environmental documents in accordance with the procedures adopted by the
DEPARTMENT's Bureau of Local Roads & Streets.
k. ❑ Prepare the Project Development Report when required by the DEPARTMENT.
(2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT, will
be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all
such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the
DEPARTMENT.
1 3) Te a, 14 ,en nonferennes at any reasonable time when requested to do so by repr +q es of the LA or the Department
(4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or
survey corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even
though final payment has been received by him. He shall give immediate attention to these changes so there will be a
minimum delay to the Contractor.
(5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer
pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and
without restriction or limitations as to their use.
(6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him
and will show his professional seal where such is required by law.
The LA Agrees,
1. To pay the ENGINEER as compensation for all services performed as stipulated in Exhibit A. p aragraphs 1 ° , g, 1 i, 2, 3,
a. ❑ A sum of money equal to percent of the awarded contract cost of the proposed improvement as
approved by the DEPARTMENT.
b. ❑ A sum of money equal to the percent of the awarded contract cost for the proposed improvement as approved by
the DEPARTMENT based on the following schedule:
Schedule for Percentages Based on Awarded Contract Cost
i
Awarded Cost Percentage Fees
Under $50,000 (see note)
% I
I
- %
Note: Not necessarily a percentage. Could use per diem, cost -plus or lump sum. y ^
2. To pare for seniines stipulated in p ara graphs 1 p 1G 1d, le, # 9h 1j & 1k of the ENGINEER A GREES at'uotu Gt96t of
performing sNtnh work plu
as material -sit plus p in €..uran se, sonial cent trity end re +icemen+ d tn t�o r €. Trav eling end ether out
e x p enses will he re used to the ENG INEER at 1 l GeEt CFtbj to the appFe of the I A +he CAI rINEEP m yy
€ubl an er pat+ of the seeFV*sees provided Under the pa -!Us 1b, 1G, � 1 d, le, - h, 1j Q- 1 k. If +die- €4G!I`J EEP wblets all
er part f thi wGrL I the A will nay the nest t the E Ntil - FEP, a Ilt (5) nernent sentine nherne
"Cost to Engineer" to he verified by - furnishin g t he LA and the D E PARTM E NT nopies of invoines from the party doing th
ive.rk. The Glas6'f ef the employees used i n the woFk should be Gons With the employee Glass i fiGat i eR6 for
should RaFmally be peileFmed by lesser salaried peFsenRel, the wage rate b fGF 66IGh 1 3APf i r-E-E—C t
shall be
nrrrrnen ttra +e with the retort performed
Printed 5/3112007 Page 2 of 4 BLR 05510 (Rev. 11/06)
2 t ant d ire the Cnl /_INEER f
praGtiGable after the seFViGes have been performed in aGGOrdaRGe W the f9 sGhedule:
Tha. pay ;;,�„�s aptrn � .
`�,. LLp d r ans, sp9GOal pFevisieRs teals an e6t+r ►ate OfGQst - being the wq Fk req aired by
pam raph€ ! -a thr � h 19 arts er THE ENGINEER AGREES - is the si T isf.+ntion of the LA and theiiF app Fe,�all by the
DEP ARTMENT 90 percent of the total fee due under this AGREE WENT brac on the appFeved estimate of Bast
IZ 11 1 n award of the oontraot for the mpFeyement by the I A an s. appr oval D ARTnA ,IT 100 percent of
t�.'a i
n r�vr the .... .. ........ .. ,.� the ._....... it., a - ppr l b
vv - aurt����P - r:r r ,
th total fee due cinder the AGREE ENT bas on the ayiarded nontraat oost less any am o untE pai Under "a"
a-beve
By Mutual ial agreeme partial pa., not to evneed 90 nernent of the am a
nnt earned may he made from time to time
a-c th werk progresses
1. That gh auld the irnpFeyom he e me_
ont abandond at aRy time after the ENGIN has pe 9-Fmed any paF of the senii
graph. . 1 yV a, thr
.. - nu 1h.v a nd ior _nmm�hti �n ofsi h semin_n�s I shall rei
CA' C � .T,.. �� pr �- -- tn. -�•- thn -- .:�.__._.. _. ___.. = -• - -- -, - -•- the -- 0 - -.. -- ----- - h_�_�rse_ the
- - - -- -..�
NGIN €CR F eStE plus _ nernent inGurred up to the time he is notifie d in �yriting of siinh
aban donment "a,Gt„al ve being d ef i ne d a€ in par3 2 of TKE LA-AGREES
C. ai ld the I A req lire nhang f a of the detailed I .-r s pealflaatlens r o timates evaept for these required
That, €h E in _ray a fan , . P � ....,..... ......�.� __ - -- - __
pursuant t o paragraph A of THE EN GINEER 4GREE after they have been approved by the DEPARTMENT the LA will
pay the CnI €CP f p ercent to hover profit overhead and
readiness to serve 11 anti ial onst" being defined as in pa ragraph 2 of THE I A AGRCEC It is unde rsteod that "nhanges" as
u in this paragraph shall in nn way relieve the EN GINEER 9f his responsibility to prepaFe ngmplete and adequate
et of plans and peoifiGat
It is Mutually Agreed,
1. That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this
Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the
ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition
and that the committee's decision shall be final.
2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post
office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits,
agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and
data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such
material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services
partially completed in accordance with Section 4 of THE LA AGREES.
3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their
approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100
percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and
approved by the LA and the DEPARTMENT.
4. That the ENGINEER warrants that he /she has not employed or retained any company or person, other than a bona fide
employee working solely for the ENGINEER, to solicit or secure this contract, and that he /she has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission,
percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this
contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability.
Printed 5/31/2007 Page 3 of 4 BLR 05510 (Rev. 11/06)-
IN WITNESS WHEREOF, the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of
which shall be considered as an original by their duly authorized officers.
Executed by the LA:
United City of Yorkville of the
(Mu n icipal ityrrownsh ip /County)
ATTEST: (� \ \� State of Illinois, acting by and through its
By
Clerk By
(Seal) Title M 4V
Executed by the ENGINEER: Smith Engineering Consultants
I
759 John Street
ATTEST: Yorkville, Illinois 60560
By
PAP WOW-
- itle Administrative Assistant Title Principal
r'
•
LUNN
Approved r
Date
Department of Transportation
Regional Engineer
Printed 5/31/2007 Page 4 of 4 BLR 05510 (Rev. 11 /06)
Smith Engineering Consultants
Civil /Structural Engineers and Surveyors
EXHIBIT A
i
PROPOSAL /AGREEMENT
for
PHASE II — CONTRACT PLAN PREPARATION
U.S. ROUTE 34 AT SYCAMORE ROAD
TRAFFICE SIGNAL PLANS
Mr. Joe Wywrot
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Phone: (630) 553 -8527
Fax: (630) 553 -3436
SEC Job No.: YORK- 070427
May 31, 2007
Illinois ■ Texas
A division of SEC Group, Inc.
759 John Street, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.secgroupinc.com
Mr. Joe Wywrot
United City of Yorkville
U.S. Route 34 at Sycamore Road
Traffic Signal Plans
SEC Job No. YORK- 070427
May 31, 2007
Page 2
I. Project Understanding
A. General Understanding/Assumptions
The United City of Yorkville (City) intends to complete the installation of traffic
signals at the intersection of U.S. Route 34 and Sycamore Road and has requested
that Smith Engineering Consultants (SEC) submit a proposal for the preparation
of contract plans and specifications. Traffic signal plans for this intersection were
previously prepared by Michael J. Cap Ltd. in 1997 and all of the underground
components (excluding electric cable) have been constructed per those plans.
Due to the time that has elapsed, the Illinois Department of Transportation
(IDOT), District 3 has requested that a complete and new set of traffic signal
plans be submitted for review and approval.
IDOT, District 3 has also expressed concerns with regard to the location of the
signal foundations constructed according to the 1997 plans. Based on a
preliminary field investigation, it is assumed that only the foundation in the
southwest corner can be preserved from the four (4) constructed. The foundation
in the southeast quadrant has been damaged and the two (2) on the north side of
the road are within the U.S. Route 34 clear zone. It is also assumed that the
controller foundation will need to be replaced in order to accommodate the
installation of a battery back -up system. Per the City's request, the following will
be incorporated into the new traffic signal plans:
1. Opticom emergency vehicle pre - emption equipment.
2. Battery back -up system.
3. Veterans Parkway to be included on the U.S. Route 34 mast arm mounted
street name sign.
In a letter to the City dated June 26, 2006, IDOT, District 3 requested that the
traffic signals at Sycamore Road be interconnected to the proposed traffic signals
2,100' to the east (Beecher Road). IDOT, District 3 has also indicated that a
revised Intersection Design Study (IDS) will not need to be submitted as they
anticipate that no additional roadway improvements will be required.
B. Design Criteria
The traffic signal plans and specifications will be prepared in accordance with the
Traffic Signal Design Guidelines for IDOT, District 3.
i
I
Mr. Joe Wywrot
United City of Yorkville
U.S. Route 34 at Sycamore Road
Traffic Signal Plans
SEC Job No. YORK- 070427
May 31, 2007
Page 3
II. Seope of Services-
A. Surveying Services (YORK- 070427 -SU 01)
Miscellaneous Pick -up Survev !
SEC has a majority of the survey information necessary for preparation of the
traffic signal plans and specifications for U.S. Route 34 at Sycamore Road from
an adjacent project along U.S. Route 34. Various miscellaneous pick -up surveys
will be required. Time has been included in the contract for creating a survey
base file for the project and incorporating the miscellaneous pick -up survey
items.
B. Engineering Services (YORK- 070427 -TR 05)
Traffic Signal Plans and Specifications
Traffic signal plans and specifications will be prepared for the intersection of U.S.
Route 34 and Sycamore Road. The plans and specifications will be submitted to
the City and IDOT, District 3 for review and approval. It is assumed that two (2)
submittals will be required to obtain IDOT, District 3 approval of the plans and
specifications.
The following will be completed as part of the traffic signal plans and
specifications:
1. Traffic Signal Plans and Specifications
ITEM NO. OF SHEETS
Cover Sheet / Index / Standards 1
General Notes 1
Summary of Quantities 1
Traffic Signal Installation Plan 3
Cable Plan and Phase Designation Diagram 1
Mast Arm Loading Diagrams / Street Name Signs 1
Traffic Signal Interconnect Plan (to Beecher Road) 2
Traffic Signal Details 2
Special Provisions
i
Mr. Joe Wywrot
United City of Yorkville
U.S. Route 34 at Sycamore Road
Traffic Signal Plans
SEC Job No. YORK- 070427
May 31, 2007
Page 4
2. Quantity Tabulations
Tabulate and check quantities for all the project pay items.
3. Engineer's Opinion of Probable Cost
An Engineer's Opinion of Probable Cost (EOPQ for the project will be
prepared and submitted to the City and IDOT, District 3 for review and
approval.
4. Bid Documents
All IDOT, District 3 forms necessary for the City's use in obtaining
Contractors' proposals will be prepared as part of the bid package.
5. Phase III Consultation
Time has been allotted for the coordination required during the construction
phase of this project.
C. Meetings
It is assumed that no meetings will be required for this project.
D. Administration/Coordination
1. This item includes general administrative tasks associated with the proposal.
i
2. Conduct general coordination throughout the project with IDOT, District 3
and the City.
3. Utilitv Coordination:
Submit preliminary plans to the various utilities, known to have services
within the project limits so that they may note the locations of their existing
facilities. Existing information obtained from utility companies will be
incorporated into the plans.
i
Mr. Joe Wywrot
United City of Yorkville
U.S. Route 34 at Sycamore Road
Traffic Signal Plans
SEC Job No. YORK- 070427
May 31, 2007
Page 5
i
E. Deliverables
Traffic Signal Plans and Specifications
1. The following will be submitted to IDOT, District 3:
a) Preliminary Plans — Six (6) half -size sets of the preliminary plans, six (6)
copies of the preliminary special provisions, and the preliminary EOPC.
b) Final Plans — Three (3) half -size sets of the final plans with mylar cover
and summary of quantities, three (3) copies of the final special
provisions, and the final EOPC.
2. The following will be submitted to the City:
a) Preliminary Plans — Two (2) half -size sets of the preliminary plans, two
(2) copies of the preliminary special provisions, and the preliminary
EOPC.
b) Final Plans — Two (2) half -size sets of the final plans, two (2) copies of
the final special provisions, and the final EOPC.
3. The following will be submitted to each of the utilities known to have services
within project limits:
a) Preliminary Plans — Two (2) full -size sets of the preliminary plans so that
the utility companies may note the locations of their existing facilities.
b) Final Plans — One (1) full -size set of the final plans.
F. Services by Others
Soil boring data for three (3) mast arm foundations will be obtained from Midland
Standard Engineering and Testing, Inc. (MSET).
I
G. Information to be Provided by Client
The City has already provided SEC with the following, prepared by Michael J.
Cap, Ltd., for use in preparing the traffic signal plans and specifications:
Mr. Joe Wywrot
United City of Yorkville
U.S. Route 34 at Sycamore Road
Traffic Signal Plans
SEC Job No. YORK- 070427
May 31, 2007
Page 6
1. Traffic Signal Installation Plan and General Notes (revised 11/14/97).
2. Cable Plan, Phase Designation Diagram, Mast Arm Loading Diagrams, Mast
Arm Mounted Street Name Signs, and Schedule of Quantities (revised
11/14/97).
H. Not Included in Contract
The following tasks will not be completed as part of the project:
1. Intersection Design Study (IDS).
2. Roadway Plans and/or Specifications.
3. Public Informational Meetings.
4. Temporary Traffic Signal Plans.
5. Construction Layout or Construction Observation.
Fee Summary -
Based upon our understanding of the project as detailed in this Contract, the following is
a summary of fee associated with the project. This Contract will be completed as a Lump
Sum Contract for professional engineering and surveying services. The individual fees
are estimates, while the total is the overall Lump Sum Contract Fee. Reimbursables will
be billed on a Time and Material Basis; fee estimates are shown below.
LUMP SUM:
_ ITEM `LABOR COST CONSULTING
Surveying (SU 01) $ 2,050.00
Engineering (TR 05) $23,960.00 $ 2,995.00
$26,010.00 N/A
TOTAL. ", $ 29,005.00
Mr. Joe Wywrot
United City of Yorkville
U.S. Route 34 at Sycamore Road
Traffic Signal Plans
SEC Job No. YORK- 070427
May 31, 2007
Page 7
TIME AND MATERIAL /REIMBURSABLES ESTIMATES:
ITEM - LABOR- COST- DIRECT
COSTS. -
Prints $ 591.30
UPS /Mailings $ 200.00
Sub Total. _ N/A $ 791.30
-TOTAL: $ 791.30
'GRAND TOTAL;: $29,796.30
(Labor- + Reimbursables)
I I
I
Mr. Joe Wywrot
United City of Yorkville
U.S. Route 34 at Sycamore Road
Traffic Signal Plans
SEC Job No. YORK- 070427
May 31, 2007
Page 8
IV. I 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, A division of SEC Group, Inc., 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.
Mr. Joe Wywrot
United City of Yorkville
U.S. Route 34 at Sycamore Road
Traffic Signal Plans
SEC Job No. YORK- 070427
May 31, 2007
Page 9
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 they
will be made available to the CLIENT at all reasonable times.
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 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 electronic file information can be easily altered or corrupted, modified by other parties, either intentionally or
inadvertently, without notice or indication, SEC reserves the right to remove itself from 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 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 this project, or any other purpose for
which the material was not strictly intended by SEC without SEC's expressed written permission. Any unauthorized use or reuse
or modifications of this material shall be at the CLIENT's sole risk. SEC makes no warranties, express or implied, and assumes
no responsibility for any damages the CLIENT may incur through its use or misuse.
This material is subject to change at our discretion. Coordination for updates is the responsibility of the CLIENT. SEC is not
responsible to the CLIENT for updating the electronic file or for compatibility with the CLIENT's hardware and /or software. It
is the CLIENT's responsibility to examine material for virus contamination prior to use.
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Mr. Joe Wywrot
United City of Yorkville
U.S. Route 34 at Sycamore Road
Traffic Signal Plans
SEC Job No. YORK- 070427
May 31, 2007
Page 10
The CLIENT agrees to defend, indemnify, hold harmless SEC, its Officers and employees from any and all claims, injuries,
damages, losses, expenses, attorney's fees, and liabilities that may arise or result from the use of this information by the CLIENT
or its employees.
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.
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. All
outstanding invoices greater than 30 days shall have 1.5% interest compounded monthly added to the invoice.
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.
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.
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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.
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Mr. Joe Wywrot
United City of Yorkville
U.S. Route 34 at Sycamore Road
Traffic Signal Plans
SEC Job No. YORK- 070427
May 31, 2007
Page 11
We sincerely appreciate this opportunity to offer our services. If this AGREEMENT merits your
approval and acceptance, please sign both copies, retain one (1) copy for your files and return
one (1) to our office.
This AGREEMENT is approved and accepted by the Client and Consultant upon both parties
signing and dating the AGREEMENT. The effective date of the AGREEMENT shall be the last
date entered below.
Sincerely,
SMITH ENGINEERING CONSULTANTS
tho P. �, P.E.
Civil gin er III
Appro
Andrew Svihra, P.E.
Principal
APS /pag
CLIENT:
Accepted by: U q��
Printed/Typed Name: V A S CiE S I t k b
Title: M Aye IQ Date: (D - oZ & - 0 7
Client: United City of Yorkville
YAJobs \Smith\2007\070427 -Y0RK US Route 34 @ Sycamore Rd\Administration \contract \YORK- 070427 - Contract -U.S. Route 34 at
Sycamore Road - Traffic Signal Plans- 053107 - aps.doc
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