Resolution 2024-25 Resolution No. 2024-25
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,ILLINOIS APPROVING AN
AGREEMENT FOR LAND ACQUISITION CONSULTING SERVICES WITH
MATHEWSON RIGHT OF WAY COMPANY
WHEREAS, the United City of Yorkville, Kendall County, Illinois(the "City"), is a duly
organized unit of government of the State of Illinois within the meaning of Article VII, Section
10 of the 1970 Illinois Constitution; and
WHEREAS,the City's Municipal Code provides that the City may approve contracts that
have not been competitively bid by a two-thirds affirmative vote of the City Council; and
WHEREAS,the City requires the assistance of a consultant in the acquisition of property
required for the construction of certain water infrastructure improvements; and
WHEREAS, the City's engineering consultant, Engineering Enterprises, Inc., has
obtained a proposal for said consulting services from Mathewson Right of Way Company, an
Illinois Corporation; and
WHEREAS, the City finds Mathewson Right of Way Company's proposal to be
satisfactory and wishes to enter into an agreement with Mathewson Right of Way Company for
land acquisition consulting services.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The recitals set forth above are incorporated into this Resolution as if fully
Y
restated herein.
Section 2. That the Agreement for Land Acquisition Consulting Services, by and between
the City and Mathewson Right of Way Company, attached hereto as Exhibit A and made a part
Resolution No. 2024-25
Page 1
hereof by reference, is hereby approved, and the Mayor and City Clerk are hereby authorized to
execute said agreement on behalf of the United City of Yorkville.
Section 3. That this Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
14th day of May,A.D. 2024.
C Y CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this 11 day of M � ,A.D. 2024.
J
MAYOR
Attest:
CI Y CLERK
Resolution No.2024-25
Page 2
AGREEMENT FOR
LAND ACQUISITION CONSULTING SERVICES
United City of Yorkville
Lake Michigan Water System Improvement Project
AGREEMENT between Mathewson Right of Way Company (MROWCO) whose address is
2024 Hickory Road, Suite 205, Homewood, Illinois 60430 and the United City of Yorkville, a
municipal corporation, whose address is 651 Prairie Pointe Drive, Yorkville, Illinois 60560
(CLIENT.)
MROWCO shall provide consulting services on behalf of the CLIENT for the acquisition of
certain real estate interests required for the construction of the Lake Michigan Water System
Improvement Project(PROJECT).
MROWCO shall perform the following services:
1. Project Management
2. Appraisal
3. Appraisal Review
4. Negotiation
5. Closing
6. Direct Expenses
All of the above are described as specified in Exhibit A: Scope of Services attached hereto.
CLIENT shall compensate MROWCO for the services provided under this AGREEMENT as
provided in Exhibit B: Compensation attached hereto. The initial total amount of compensation
authorized by this agreement is not to exceed $162,250.00; from time to time CLIENT and
MROWCO may agree to increase the total authorized compensation by Supplement Agreement as
provided herein.
Exhibit C: Terms and Conditions is attached hereto and made a part hereof.
71�ti
Submitted this 3rd day of May,2024. Accepted this L 7 day of a ,2024.
Mathewson Right of Way Company United City of Yorkville
By By:
Mark I . athewson Bart 0 son
Presid t City Administrator
United City of Yorkville
Lake Michigan Water System Improvement Project
Agreement for Land Acquisition Consulting Services
EXHIBIT A: SCOPE OF SERVICES
MROWCO agrees to perform,at the direction of CLIENT,the following services:
1. Project Management
2. Appraisal
3. Appraisal Review
4. Negotiation
5. Closing
6. Direct Expenses
All services called for in this AGREEMENT will be conducted by an individual or individuals
whose qualifications have been approved by the Illinois Department of Transportation, when
applicable.
All services within the scope of this AGREEMENT shall be performed, where applicable, in
accordance with the IDOT Land Acquisition Policies and Procedures Manual,hereinafter referred
to as the LAPPM,to the extent not inconsistent with direction from any other relevant agency.
APPRAISALS and COMPARABLE SALES BOOK
Determinations of fair market value performed by the Appraiser shall be in accordance with the
LAPPM and the Uniform Appraisal Standards for Federal Land Acquisitions(Yellow Book).
The Appraiser shall make a detailed inspection of the properties and make such investigations and
studies as are necessary to derive sound conclusions for the preparation of appraisal reports.
Valuations shall be prepared as outlined in the LAPPM and Yellow Book.
MROWCO shall provide a copy of an appraisal of each parcel to be submitted to the CLIENT for
approval.
Property needed shall be acquired by fee simple,dedication, permanent easement,temporary use
permit, or temporary easement as determined and shown on the right of way plan furnished by
CLIENT and its other consultants.
It may be necessary for a completed appraisal to be updated for condemnation purposes or revised
due to a change in the ROW plat or due to new information provided by the CLIENT or its
consultants. These updates or revisions will be assigned to the Appraiser in a separate work order
as the need arises. An Appraiser's revision of the appraisal due to the Review Appraiser's
comments or corrections does not constitute an update or revision that would necessitate a separate
work order.Appraisal updates or revisions shall be compensated as provided in Exhibit B.
The Appraiser shall prepare grids that compare comparable sales to the subject parcel, where
appropriate.
Page 2 of 10
United City of Yorkville
Lake Michigan Water System Improvement Project
Agreement for Land Acquisition Consulting Services
The Appraiser shall include land and improvement allocations in the comparable sales data section
of all appraisals.
Appearances in court and/or pretrial conferences,which include depositions and preparation time
for depositions and court, may be required for the appraisal services requested herein. The time
spent at such appearance or appearances shall be made upon request of the CLIENT or its trial
counsel and shall be paid for outside of this contract.
MROWCO staff assists in the preparation of appraisal work.
REVIEW APPRAISALS
All appraisals must be reviewed and certified by a Review Appraiser.Appraisal reviews performed
by the Review Appraiser must be in accordance with the LAPPM and Yellow Book. It is the
Review Appraiser's responsibility to ensure that all items affecting the value of the property have
been considered in the appraisal.A study of the comparable sales book is considered as part of the
appraisal review.
The Review Appraiser must complete an Appraisal Review Certification for all appraisal reviews.
It may be necessary for a completed appraisal review to be updated due to a change in the ROW
plat or due to new information provided by the CLIENT. These updates or revisions will be
assigned to MROWCO in a separate work order as the need arises.A Review Appraiser's second
or other subsequent review of an appraisal, rewritten by the appraiser due to the Review
Appraiser's comments or corrections, does not constitute an update or revision to the appraisal
review that would necessitate a separate work order. Updates or Revisions to Appraisal Review
Certifications shall be compensated as provided in Exhibit B.
MROWCO staff assists in the preparation of review appraisal work.
NEGOTIATIONS
The Negotiator is responsible for all land acquisition negotiations conducted under this
AGREEMENT.Negotiations shall be in accordance with the LAPPM.The negotiator shall:
• Be the CLIENT's representative to the property owner.
• Work with the Project Manager to receive and understand the scope of work for each
work order and the associated deadlines/time frames involved.
• Establish schedules for each activity and report the progress to the Project Manager to
assure a quality product.
• Assure that the deadlines assigned are met.
• Maintain channels of communication.
• Provide a quality product.
Before the initiation of negotiations for each parcel,the CLIENT must approve the amount of just
compensation.The Negotiator shall fully document on an ongoing basis all efforts made to acquire
Page 3 of 10
United City of Yorkville
Lake Michigan Water System Improvement Project
Agreement for Land Acquisition Consulting Services
the parcel in the Negotiator's Report. Said report shall be available to the CLIENT as reasonably
requested.
The Negotiator may recommend administrative settlements as outlined in the LAPPM.
Administrative settlements will be determined by the CLIENT on an individual parcel basis.
In the event MROWCO,after having made every reasonable effort to negotiate with the owner of
a parcel, is unable to obtain a settlement on the approved appraisal amount, MROWCO shall
prepare and submit a written report summarizing the progress of negotiations to date together with
a copy of MROWCO's Negotiator's Report completed to date with the names and addresses of all
interested parties. MROWCO's written report shall also include its recommendation for further
procedure towards acquiring the parcel. The CLIENT may elect to prepare and forward a Final
Offer letter(with copy to MROWCO)to the owner of the parcel and thereafter refer the matter to
the CLIENT's Trial Attorney's Office to proceed with preparation of a condemnation petition. In
any case, the CLIENT reserves the right to require MROWCO to make a reasonable number of
additional negotiation contacts with the parcel owner up until the actual date of filing a petition to
condemn the parcel.
The negotiation for a parcel will be deemed complete when all required documents necessary to
obtain title approval are submitted and approved by the CLIENT.If a negotiated settlement cannot
be reached, the negotiation for a parcel will be deemed complete when the documentation for
eminent domain action is submitted and approved by the CLIENT,and the complaint is filed.
If requested to do so, MROWCO shall provide title review and an attorney's approval letter
provided by Mathewson & Mathewson,P.C.for no additional cost.
Each Updated Negotiation or Revised Negotiation shall be paid for at the per parcel fee as specified
in Exhibit B. An updated negotiation or revised negotiation is defined as additional negotiation
work requested by the CLIENT due to new parcel information supplied by the CLIENT to
MROWCO after first contact with the property owner. New parcel information could include,but
is not limited to,significant changes in the area of the acquisition;updated(and modified)appraisal
amounts that require revised negotiation documents; updated(and modified)title information that
requires negotiations with additional property owner(s). Any additional work required to obtain
title approval does not constitute an update or revision that would necessitate a separate work
order.Additional Negotiation Services shall be compensated as provided in Exhibit B.
CLOSINGS
MROWCO shall attend or otherwise supervise the actual closing of each acquired parcel.Closings
may require an escrow transaction and in all cases MROWCO will coordinate the closings through
and in accordance with any direction from CLIENT's legal counsel.
Page 4 of 10
United City of Yorkville
Lake Michigan Water System Improvement Project
Agreement for Land Acquisition Consulting Services
PROJECT MANAGEMENT
MROWCO shall establish a Project Manager who will be knowledgeable and responsible for all
services performed under this AGREEMENT. The main duties of the Project Manager may
include:
• Be the liaison between the CLIENT and MROWCO and coordinate all daily project
activities of MROWCO.
• Understand the scope of work for each work order and the associated
deadlines/timeframes the CLIENT needs to meet.
• Assist CLIENT in value engineering by anticipating right of way acquisition costs and
issues.
• Assign work to appropriate staff.
• Coordinate all deliverables, keep project on schedule and maintain the channels of
communication between the CLIENT and MROWCO.
• Provide the appropriate staff and SUBCONSULTANTS that have knowledge of and
will follow Illinois Department of Transportation's LAPPM and the Relocation
Assistance and Real Property Acquisition Act(Uniform Act).
• Submit accurate invoices that have documentation to support the invoiced amount.
• Ensure SUBCONTRACTORS' prompt and efficient performance.
• Provide QA/QC oversight.
Page 5 of 10
United City of Yorkville
Lake Michigan Water System Improvement Project
Agreement for Land Acquisition Consulting Services
EXHIBIT B: COMPENSATION AND INVOICING
The services to be provided by MROWCO under this agreement shall be assigned and
compensated as provided in the attached EXHIBIT B-1.
The sum total of all services provided for in this AGREEMENT shall not exceed the amount noted
on page 1 of this Agreement.
Direct Expenses, except as otherwise provided, shall include later date title charges, document
copy fees, partial release fees, trustee fees, Title Insurance, Escrow closing fees, recording and
other closing costs imposed by the title company.
The fees for services shall include all transportation, food, lodging, telephone, or any other
operating expenses incurred by MROWCO in the performance thereof.
All services shall be invoiced approximately monthly.
Appraisal Fees shall be invoiced when the initial appraisal report is delivered to the Reviewer.
The Appraisal Review fee shall be invoiced when the completed Appraisal and Review are
delivered to the client.
The Negotiation fee shall be invoiced at 50% when the offer is made and the balance when
agreement is reached with the owner or when the matter is referred to condemnation.
The Closing fee shall be invoiced when the matter is closed and the property owner has been paid.
Direct expenses shall be invoiced approximately monthly as they are incurred.
From time to time, if MROWCO and CLIENT agree to expand the scope of work to include
additional parcels or expand the scope to include additional services, said agrrement shall be
memorialized by the execution of a Supplement Agreement form referencing this Agreement and
except to the extent modified by said Supplement Agreement the terms of this Agreement shall
control.
Page 6 of 10
EXHIBIT B-1
UNITED CITY OF YORKVILLE
LAKE MICHIGAN WATER SYSTEM IMPROVEMENT PROJECT
Land Acqulsitbn Scope and Budget
Version 1.0
Prepared APRIL 17,2024
Prepared by:MOM
DRAFT ONLY FOR DISCUSSION PURPOSES
Appraisal Negotiation
Acquistfon Typa/Category ; Carat Count Appraisal Review Negotiation Closing Unit Extension
Private
Non-Complex Private 1 9 9 $4,500.00 $2,000.00 $5,000.00 $1,500.00 $13,000.00 $117,000.00
Totals 9 9 $117,000.00
Project Management Hours/Units Rate Extension
Attorney 25 hours $350.00 $8,750.00
Staff 15 hours $250.00 $3,750.00
$12,500.00 $12,500.00
Sub Total Net of Direct Expense and Contingency $129,500.00
Direct Expenses 2 9 $2,000.00 $18,000.00
S147,500.00
Additional Appraisal,Appraisal
Review and Negotiation
Contingency 3 10% $14,750.00
Total $162,250.00
Notes:
1 Non-Complex Private Parcels shall exdude railroad utility and government agency owned properties.
2 Direct Expenses shall indude all dosing costs for parcels with a total compensation of under$100,000.00.Any pared acquired with a compensation in excess of
3100,000.00 shall he acquired through escrow and the associated dosing cats shall he induded as a"property cost"and paid directly by Ctentthrough the title
company dosing.All fees assume title work provided by Wheatland Title Company.
3 To be used as needed
United City of Yorkville
Lake Michigan Water System Improvement Project
Agreement for Land Acquisition Consulting Services
EXHIBIT C: TERMS AND CONDITIONS
1. Parcels
CLIENT shall provide MROWCO with relevant plats of survey or plats of easement, legal
descriptions and construction plans for each parcel to be acquired. Each parcel shall consist
of one or more basic parcels of land required as right of way to be acquired in fee simple title,
and such other easements(temporary or permanent)for uses incidental to construction of the
improvement but which are not considered as part of the improvement right of way, all of
which are under the same ownership involving a complete contiguous parcel.
2. Termination
CLIENT may terminate this AGREEMENT at any time and for any cause by a notice in
writing to MROWCO.In the event of such termination,payment will be made to MROWCO
for any completed services. Services in the process of completion shall be compensated for
on an equitable basis and all incomplete parcel data collected in connection with them shall
be turned over and become the property of the CLIENT; provided, however, this
AGREEMENT be terminated solely because the progress or quality of work is unsatisfactory
as determined by the CLIENT accepting this AGREEMENT,then no payment will be made
or demanded by MROWCO for any services which have not been completed and delivered
to CLIENT prior to the date of said termination.
3. Project Materials
a. It is understood and agreed that the CLIENT shall be considered the sole owner of all
plats, legal descriptions, ownership and occupancy records, forms of deeds and
easements,title reports,and any and all other material furnished,prepared or obtained by
MROWCO during the course of providing its services for the parcel and shall be
maintained in a separate parcel file for the parcel assigned. MROWCO will provide a
copy of the original file of the parcel during the course of the project to the CLIENT.
MROWCO will provide a timely update of all documents that pertain to the parcel during
the course of the project.Upon completion of the project the original file will be delivered
to the CLIENT. Upon termination of this AGREEMENT for any cause or upon
completion of the acquisition of the parcel or upon request of the CLIENT when
acquisition is determined to be by Eminent Domain proceedings, MROWCO's parcel
file shall be delivered to the CLIENT. MROWCO's parcel files shall be available for
inspection or review of its contents by the CLIENT, or the personnel of any relevant
agency possessing jurisdiction at any time.
b. Electronic copies shall be provided unless the CLIENT requests to the contrary.
c. CLIENT shall as soon as practicable direct MROWCO as to its preferred disposition of
original documents.
Page 7 of 10
United City of Yorkville
Lake Michigan Water System Improvement Project
Agreement for Land Acquisition Consulting Services
4. Records Preservation
MROWCO shall maintain, for a minimum of five years after the completion of the
AGREEMENT, adequate books, records, and supporting documents to verify the amount,
recipients, and uses of all disbursements of funds passing in conjunction with the
AGREEMENT;the AGREEMENT and all books,records,and supporting documents related
to the AGREEMENT shall be available for review and audit by the CLIENT Auditor; and
MROWCO agrees to cooperate fully with any audit conducted by the Auditor and to provide
full access to all relevant materials.
5. Consultant Certifications and Representations
a. MROWCO certifies that MROWCO has read the certifications and assurances described
in this AGREEMENT and in the Standard Provisions, and certifies that
Mark D. Mathewson's signature on the AGREEMENT constitutes an endorsement and
execution of each certification and assurance as though each were individually signed,
and made on behalf of the contracting entity and its officers and each individual
authorized to do work for the CLIENT under this AGREEMENT.
b. MROWCO under penalties of perjury, certifies that 20-3870734 is its correct Federal
Taxpayer Identification number.It is doing business as a Corporation.
c. MROWCO certifies that it is not in default on an educational loan.
d. MROWCO certifies that it is not barred from bidding on State of Illinois AGREEMENTs
because of violations of State law regarding bid rigging or rotating. 720 ILCS 5133E-3,
33E-4.
e. MROWCO certifies that it will not engage in the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance in the performance of this
AGREEMENT, or if a corporation, partnership, or other entity with 25 or more
employees, have completed and signed a "DRUG-FREE WORKPLACE
CERTIFICATION"
f. MROWCO, under penalty of perjury under the laws of the United States, certifies that
the company or any person associated therewith in the capacity of owner, partner,
director,officer,principal investigator,project director,manager,auditor,or any position
involving the administration of federal funds:
i. is not currently under suspension,debarment,voluntary exclusion,or determination
of ineligibility by any federal agency;
ii. has not been suspended,debarred,voluntarily excluded or determined ineligible by
any federal agency within the past three years;
iii. does not have a proposed debarment pending;and
Page 8 of 10
United City of Yorkville
Lake Michigan Water System Improvement Project
Agreement for Land Acquisition Consulting Services
iv. has not been indicted, convicted, or the subject of a civil judgment by a court of
competent jurisdiction in any matter involving fraud or official misconduct within
the past three years.
g. MROWCO certifies that it has not been convicted of bribery or attempting to bribe an
officer or employee of the State of Illinois nor has MROWCO made admission of guilt
of such conduct which is a matter of record, nor has any official, officer, agent, or
employee of this company been so convicted nor made such an admission.
h. MROWCO is hereby notified that the CLIENT, in accordance with the provisions of
Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and Title 49, Code of Federal
Regulations, Part 21, issued pursuant to such Act, will affirmatively insure that any
AGREEMENT entered into pursuant to this AGREEMENT will be awarded without
discrimination on the grounds of race,color,or national origin.
i. MROWCO warrants and represents that it is fully qualified to provide the services
hereunder provided for in this Agreement.
6. Disclosures
a. MROWCO hereby certifies that if any conflict of interest arises, in any of the parcels
subsequently assigned to it,it will immediately,within 5 business days of receipt,inform
the CLIENT accepting this AGREEMENT and return all material furnished to him for
reassignment to others.
b. It is understood and agreed that Appendices A and B shall be a part of this AGREEMENT
and MROWCO agrees to be bound by the terms and provisions contained herein.
c. MROWCO warrants that it has not employed or retained any company or person,other
than a bona fide employee working solely for it,to solicit or secure this AGREEMENT,
and that it has not paid or agreed to pay any company or person,other than a bona fide
employee working solely for it,any fee,commission,percentage,brokerage fee,gift,or
any other consideration, contingent upon or resulting from the award or making of the
AGREEMENT.For breach or violation of this warranty,the CLIENT shall have the right
to annul this AGREEMENT without liability.
7. Indemnity
MROWCO will indemnify and hold harmless the CLIENT from all claims and liability due
to activities of itself, its agents,and its employees and will comply with all Federal, State,
and local laws and ordinances.
8. Insurance
MROWCO shall obtain Commercial General Liability in a broad form,to include but not be
limited to, coverage for the following where exposure exists: Bodily Injury and Property
Page 9 of 10
United City of Yorkville
Lake Michigan Water System Improvement Project
Agreement for Land Acquisition Consulting Services
Damage, Premises/Operations, Independent contractors, Products/Completed Operations,
Personal Injury, Professional Liability and contractual Liability; limits of liability not less
than: $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate.
. Business Auto Liability to include, but not be limited to,coverage for the following where
exposure exists: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership; limits of liability not less than: $1,000,000.00 per occurrence,combined single
limit for Bodily Injury and Property Damage Liability. Workers' Compensation Insurance
will cover all employees that meet statutory limit in compliance with applicable state and
federal laws. The coverage must also include employer's liability with minimum limits of
$100,000.00 for each incident.
The CLIENT shall be provided with Certificates of Insurance evidencing the above required
insurance prior to the commencement of services and thereafter with the certificates
evidencing renewals or changes to said policies of insurance at least fifteen (15) days prior
to the expiration or cancellation of any such policies. The CLIENT shall be named as
additional insured on all liability policies,and MROWCO acknowledges that any insurance
maintained by the CLIENT shall apply in excess of,and not contribute to,insurance provided
by MROWCO. The contractual liability arising out of the AGREEMENT shall be
acknowledged on the Certificate of Insurance by the insurance company.
The CLIENT shall be provided with thirty (30) day prior notice, in writing, of Notice of
Cancellation or material change and said notification requirements shall be stated on the
Certificate of Insurance.
9. Breach
Nothing herein shall be construed as prohibiting the parties to the AGREEMENT from
pursuing any other remedies available to the parties for such breach or threatened breach,
including recovery of damages from the parties.This provision shall survive any termination
of this AGREEMENT.
10. Governing Law
Terms of this AGREEMENT will be governed by Illinois law.
11. Transferability
MROWCO agrees that this AGREEMENT or any part thereof will not be sublet or
transferred without the written consent of the CLIENT accepting this AGREEMENT.
12. Execution of AGREEMENT
In the event this AGREEMENT is executed,it shall constitute a contract as of the date it is
approved by the CLIENT or its authorized representative and shall be binding on MROWCO,
its executors,administrators,successors or assigns,as may be applicable.
Page 10 of 10
llt
c C 0 51 4 c.= t x W
O - .> T 0 y y g 0 0[-•
a.u o Y c Q1 .2 x V.
o yE . a •> o 8 ,O
y .. p v
o>0 3 t E c v° -0 Is3 y w v
v g v = aci'° y j� C Y o
o` z 8. o > ao a>' az U r
o Li3.3 ",y, ❑ wpQ 1
01
o. 5 ' �'o 0 c 0 ° E^ 5
E• y5 '$ oo $cQ a'g a WQ a'
0 v � c� � �� oo eQ QE"
wea y o � c o �
W W
•0 0 c .3 o F, .6-03 T. y a Q.0
0 Cr 0 by^N as a) O e. 3:4
c H c e 5 E O W
U
, 8 �� ••y °� -e 03 QF 03
✓ y y°a y �p•" a Q, -0.— o •w F _ >
T c8 x O c ❑Q G Vf 'A
y s 0 c a� o o,5 y ° o ; av o g 0
z' Cd ^� Fpvw°i •^A .5,a w W� �.N 4 u.
so u
Q G 8 „ ° aj H a �•° A owo .N 3 E
U y d O ¢ .0 ti ss O T a7i N Q p y tp
U OD'-- c ou c y op A oD ca v� C7 'c. 2
a�i c •jfl
y .5▪ v_ cus =a'H c ti E eg P. <7 k=.5 a.g. J;�F Y it
Z U v ?: X
b H ? ` ` .
,aa U Ica
wa
0 y .. .., -o o o c o al U
a b:: a....° g m °
53
8E." Cu ) C .5 N .�,p Crd O C
O 5 A C 8.c a, o. o `c ° ° 5 A
C/1 °c is o8� o� moo �.N > >rJ V 5 o ,3....,
" � � �� m" c a s w° o o v
a' � � �D.� � o ° rya o 'OCc 'g a°i es
'�w . ,b E
i 43 � G CD E ry F N H u O E c cg T Cu a1
(� ° h' a C� `a m ai a' 2' en a o 5 0 ° vc
� N O H'C O ^$ u i� �'9 oEi on� 0 c w
�/ U > F N �i c0
v `"C c C 0 ss >'>. y U ti y O O.. x O a'—.0 w 0 O ,0 cC C G ,..3
'7
A Q Qa3 ca8'S m o ._ 50 0 °
E 2
U 3 52o U .o 5 $ a v
ryTaVJ � €� v O E �sa� E Ir O e� �N
k ra c as h ° �" 5 `o °o o a w a G K 8 *.a a w d
�`' o E2, 5.6 :y u E � F� 8 0 >,0 o 0
...9
�w pKp o y 4 y o 5 p 3 c n ° ..8 c . 5 0 3 c>i ob
U' 'Q U'++ E y V.2 0 - ii
" y w•tj 0.
c y ° �� C.ri7 5w 'd c . L . 0 c U a 3 g
8 o y c .° o O b ti 2 8 n..E c
a' goT5n5oo cdi8o � a ay,o8 }°; —0 > as u8.o 02 o`Ou c l
a as .. Ly y w (� 4 CC .. > y o 3 E a U 84.2 8i 0 c8 v`
>.y° 8.5 0 g 5 c 5 N y 0 A 0 ° 0 0 a.) E .'o.. y 0 > .
.0 O m a.o o 0 00 8'-. z0 E E c^y .c y as .e. Soo o� o ° y,a
0-8 0 5 oo c .5-. 0 8 . 5,g _E o c , -o o ea ao -
wyi�oy > c' 8v8 y t'D `— Ha' au ` ' E a u`b
= 1 8 C U o.O^ j. O u ,, a" .5 450 E.'= O y O
c : E `aoco, yc m N z cc CI . 7ob Q fA A .5 a
yy pp 0.8e
'.�- N .� U y ry .. y 1.. .G N
U UM I:, V g . as ..-E o
wo g w
F- 8 ° c ' -8 E :° 0.5'n8. 15
APPENDIX A
During the performance of this contract,the contractor,for itself, its assignees and successors in
interest(hereinafter referred to as the"Contractor"),agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in federally-assisted programs of the Department of Transportation,
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as Regulations),which are herein incorporated by reference and made
a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the
contract,shall not discriminate on the ground of race,color or national origin in the selection
and retention of subcontractors including procurements of materials and leases of equipment.
The contractor shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices when the
contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts,Including Procurement of Materials and Equipment:
In all solicitations either by competitive bidding or negotiation made by the contractor for
work to be performed under a subcontract, including procurement or materials or leases of
equipment,each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the ground of race,color or national origin.
4. Information and Reports: The contractor shall provide all information and reports required
by the Regulations,or directives issued pursuant thereto,and shall permit access to its books,
records,accounts,other sources of information,and its facilities as may be determined by the
State or the Federal Highway Administration to be pertinent to ascertain compliance with
such Regulations,orders arid instructions. Where any information required of a contractor is
in the exclusive possession of another who fails or refuses to furnish this information, the
contractor shall so certify to the State or the Federal Highway Administration is appropriate
and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the State shall impose such contract sanctions
as it or the Federal Highway Administration may determine to be appropriate,including,but
not limited to:
• withholding of payments to the contractor under the contract until the contractor
complies,and/or
• cancellation,termination or suspension of the contract,in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of Paragraph (1)
through (6) in every subcontract,including procurement of materials and leases of equipment,
unless exempt by the Regulations,or directives issued pursuant thereto. The contractor shall
take such action with respect to any subcontract or procurement as the State of the Federal
Highway Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a result of
such direction,the contractor may request the. State to enter into such litigation to protect the
interests of the State, and, in addition,the contractor may request the United States to enter
into such litigation to protect the interests of the United States.
APPENDIX B
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Fair
Employment Practices Commission as a material term of all public contracts:
EQUAL EMPLOYMENT OPPORTUNITY. In the event of the contractor's noncompliance
with any provision of this Equal Employment Opportunity Clause, the Illinois Fair Employment
Practices Act or the Fair Employment Practices Commission's Rules and Regulations for Public
Contracts, the contractor may be declared nonresponsible and therefore ineligible for future
contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal
corporations, and the contract may be canceled or avoided in whole or in part, and such other
sanctions or penalties may be imposed and remedies invoked as provided by Statute or regulation.
During the performance of this contract (Agreement), the contractor (Consultant) agrees as
follows:
1. That it will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, national origin, or ancestry, physical or mental handicap
unrelated to ability, or an unfavorable discharge from the military service, and further
that it will examine all job classifications to determine if minority persons or women are
underutilized and will take appropriate affirmative action to rectify any such
underutilization.
2. That, if it hires additional employees in order to perform this contract, or any portion
hereof,it will determine the availability(in accordance with the Commission's Rules and
Regulations for Public Contracts) of minorities and women in the area(s) from which it
may reasonably recruit and it will hire for each job classification for which employees are
hired in such a way that minorities and women are not underutilized.
3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it
will state that all applicants will be afforded equal opportunity without discrimination
because of race, color, religion, sex, national origin or ancestry, physical or mental
handicap unrelated to ability,or an unfavorable discharge from the military service.
4. That it will send to each labor organization or representative of workers with which it has
or is bound by a collective bargaining or other agreement or understanding,a notice such
labor organization or representative of the contractor's obligations under the Illinois Fair
Employment Practices Act and the Commission's Rules and Regulations for Public
Contracts. If any such labor organization or representative fails or refuses to cooperate
with the contractor in its efforts to comply with such Act and Rules and Regulations,the
contractor will promptly so notify the Illinois Fair Employment Practices Commission
and the contracting agency and will recruit employees from other sources when necessary
to fulfill its obligations thereunder.
5. That it will submit reports as required by the Illinois Fair Employment Practices
Commission's Rules and Regulations for Public Contracts, furnish all relevant
information as may from time to time be requested by the Commission or the contracting
agency, and in all respects comply with the Illinois Fair Employment Practices Act and
the Commission's Rules and Regulations for Public Contracts.
6. That it will permit access to all relevant books, records, accounts and work sites by
personnel of the contracting agency and the Illinois Fair Employment Practices
Commission for purposes of investigation to ascertain compliance with the Illinois Fair
Employment Practices Act and the Commission's Rules and Regulations for Public
Contracts.
7. That it will include verbatim or by reference the provisions of Paragraphs 1 through 7 of
this clause in every performance subcontract as defined in Section 2.1 0(b) of the
Commission's Rules and Regulations for Public Contracts so that such provisions will be
binding upon every such subcontractor; and that it will also so include the provisions of
paragraphs 1,5,6 and 7 in every supply subcontract as defined in Section 2.1 0(a)of the
Commission's Rules and Regulations for Public Contracts so that such provisions will be
binding upon every such subcontractor. In the same manner as with other provisions of
this contract, the contractor will be liable for compliance with applicable provisions of
this clause by all it subcontractors; and further it will promptly notify the contracting
agency and the Illinois Fair Employment Practices Commission in the event any
subcontractor fails or refuses to comply therewith. In addition,no contractor will utilize
any subcontractor declared by the Commission to be nonresponsible and therefore
ineligible for contracts or subcontracts with the state of Illinois or any of its political
subdivisions or municipal corporations.
With respect to the two types of subcontracts referred to under paragraph 7 of the Equal
Employment Opportunity Clause above,following is an excerpt of Section 2 of the FEPC's Rules
and Regulations for Public Contracts:
Section 2.10. The term "Subcontract" means any agreement,arrangement or understanding,
written or otherwise,between a contractor and any person(in which the parties do not stand in the
relationship of an employer and an employee):
• for the furnishing of supplies or services or for the use of real or personal property,
including lease arrangements,which,in whole or in part,is utilized in the performance of
any one or more contracts;or
• under which any portion of the contractor's obligation under any one or more contracts is
performed,undertaken or assumed.
By signing this Proposal, the CONSULTANT agrees to the provisions as written. Upon
acceptance by the LPA,this Contract shall be governed by Illinois law.
For the CONSULTANT:
Mathewson Right of Way Company
2024 Hicko ` •.;. Suite 205
Ho^ c•:•-• •14 0
/ /
By: �Al' May 3,2024
Mark r .Mathewson,President
FEIN: 20-3870734 Telephone: (312)676-2900
For the LPA:
United City of Yorkville
By: Date: Mai1 hl,Lo21
LPA Rep tive