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R-55-09 McCarthy Road, Archer Avenue, & Derby Road Intersection ImprovementRESOLUTION R..56.� RESOLUTION APPROVING LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION FOR THE MCCARTHY ROAD, ARCHER AVENUE & DERBY ROAD INTERSECTION IMPROVEMENT PROJECT WHEREAS, the Village of Lemont requires Preliminary Engineering services related to the McCarthy Road, Archer Avenue & Derby Road intersection improvement project; WHEREAS, the Village of Lemont desires to enter into a Preliminary Engineering Services Agreement for Federal Participation with Frank Novotny & Associates, Inc. (FNA), for a cost not - to- exceed $228,023.00; WHEREAS, the Village Board has authorized the Village President to sign the Preliminary Engineering Services Agreement for Federal Participation. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the agreement attached hereto as Exhibit A is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this 28th day of September, 2009. Debby Blatzer Paul Chialdikas Clifford Miklos Rick Sniegowski Ronald Stapleton Jeanette Virgilio AYES v V 7 NAYS PASSED ABSENT Approved by me this 28th day of September, 2009. Attest: CHARLENE SMOLLEN, Village Clerk i CHARLENE SMOLLEN, Village Clerk f RIAN K. REAVES, illage President Approved as to form: John Antonopoulos, Village Attorney Local Agency Village of Lemont 0 C A L A G E N C Y Illinois Department 0 of Transportation Consultant Frank Novotny & Associates, Inc. County Cook Preliminary Engineering Services Agreement For Federal Participation 0 N s u L , A N T Address 825 Midway Drive Section 02- 00055 -00 -WR City Willowbrook Project No. M- 8003(503) State Job No. D -91- 190 -05 Zip Code 60527 Contact Name /Phone /E -mail Address Gary C. Holmes (630) 257 -1550 / gholmes@lemont.il.us Contact Name /Phone /E -mail Address James L. Cainkar, P.E., P.L.S. (630) 887 -8640 jimcainkar @franknovotnyengineering.com THIS AGREEMENT is made and entered into this day of , 2009 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering 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 McCarthy Road, Archer Avenue & Derby Rd Route FAU 1587 Length 0.483 mi Structure No. N/A FAP 577 & FAU 1024 0.304mi &0.118mi Termini West of Derby Rd to East of Archer Ave, Southwest of Derby Rd and Northeast of McCarthy Rd & from McCarthy Rd to Derby Description: This project will consist of pavement widening, pavement resurfacing, intersection channelization, traffic control signals with interconnection and all of the needed traffic control and restoration within the project limits. 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 360 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. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. Page 1 of 7 BLR 05610 (Rev. 9/06) Printed on 9/14/2009 10:54:48 AM `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. El 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) Printed on 9/14/2009 10:54:48 AM 11. 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 Tess 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. 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 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.). III. 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) Printed on 9/14/2009 10:54:48 AM 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 (30ILCS 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. c. 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) Printed on 9/14/2009 10:54:48 AM 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 Frank Novotny & Associates, Inc. 36- 2728920 _ $116,133.00 Sub - Consultants: TIN Number Agreement Amount Testing Service Corporation 35- 0937582 $26,000.00 Area Survey Company 36- 3075806 $24,140.00 Kenig, Lindgren, O'Hara, Aboona, Inc. 36- 4019278 $28,500.00 Crawford, Murphy & Tilly, Inc. 37- 0844662 $33,250.00 Sub- Consultant Total: $111,890.00 Prime Consultant Total: $116,133.00 Total for all Work: $228,023.00 Executed by the LA: Charlene M. Smollen !///lrs' (SEAL) Clerk Village of Lemont By: (Municipality/Township/County) Title: Brian Reaves, Mayor Executed by the ENGINEER: ATTEST: By: Title: John Fitzgerald, Secretary Page 5 of 7 Printed on 9/14/2009 10:54:48 AM Frank Novotny By: ates, I Title: James L. Cainkar, President BLR 05610 (Rev. 9/06) Exhibit A - Preliminary Engineering O O 0 .---. 12[ CD _ co O `' 0 a)u) d X a) L O. 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U Z IM cc w 0 Q 0 w 0 a w w Z Z w 0 w 0 a — cr w Z Z w J j U z 0 Z 2 U ~ O Z CO ) o W d z z 0 Z 2 0 I- >- w CC co ) z Z U U fw-. 0 0 z 0 0 W ~ - O Z U_ m cn CO Q U _ U fw- AVERAGE PAYROLL RATE M: \Lemont\2005105027 - McCARTHY ROAD IMPROVEMENTS- FAUtAgreements \Phase II Engineering Agreement with Federal Participation \05027 - FAU ENGR HRS 081409 Phase 9 McCarthy Archer Derby.xls 9/14/2009 - 10:03 AM O dam' O y.a 0 as 0 U � Z W wa`) W U : ZO a=) W Q Z 2 w 15 QCO aoc4 �zL rn X W LL. _ Q W 0 a 1.1. a N 0_ D U_ uJ 1- D 0 SECTION: 08-00040-00-RS az 0_ Q 0 •. ` O a- Z co co W 0 ceS ) L0( - 0 z_ 0 o g rn 0 opZ 0 O Li. W O O z -,ZZ wiz 0 0 a_0 -HW ITEM 12 ROW Acquisition $ 0 6 LO r CI? O o O 0 0 o 0 0 O O 0 O O 0 O $53.25 1 Ok t- W o s- ITEM 11 Traffic Signal Design $ 6 6 r . N V.. O O O 6 0 O 0 O 0 6 0 O 0 O 0 O $53.25 U I- CC Q a. 0 o ,-- k CO I 006 ITEM 10 Administration 0 O s- oo O 0 0 O O 00 O 6 0 O 0 O 0 O 0 O co 0N co EA- Ok O 10 O 10 100 HOURLY SALARY O 0 O - 6) N t 0) N o I- N M .- CO c ) CO 10 M M to M 00 cp N d• In 1- 0 to EMPLOYEE CLASSIFICATION J < _ Z a.a_ a. 0 Q U W O W Z W U W o a_ — cc W Z z W J -5 U U - 2 W 1_ cc O Z w DC o U W u) ? z Q U 2 I- 0 z 5-- W > o a0 ) Q Z U Z i U o Z Q Z i W U 3 Z N w J � Q 0 2 Z U H AVERAGE PAYROLL RATE X `w 0 C0 0) a` �) T ^N U 0 L a m 0 ro cn 0 1 2 2 W LL CV N a. 0 0 a D t OE) 0 m a) 0 m co W .0 a E 0 ch LL H z uJ W 0 0 a 0 } x t- ee U U n 0 s O 9/14/2009 • 10:03 AM Illinois Department of Transportation Prime Consultant Name Address Telephone TIN Number Project Information Local Agency Section Number Project Number Job Number Frank Novotny & Associates, Inc. 825 Midway Drive Willowbrook II 60527 630 - 887 -8640 36- 2728920 Village of Lemont 02- 00055 -00 -WR M- 8003(503) D -91- 190 -05 Engineering Payment Report 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 Testing Service Corporation 35- 0937582 Area Survey Company 36- 3075806 Kenig, Lindgren, O'Hara, Aboona, Inc. 36- 4019278 Crawford, Murphy & Tilly, Inc. 37- 0844662 . 11 All 10 /1 Sub - Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature �c►el'fitle of Prime Consultant — James L. Cainkar, President September 14, 2009 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 Printed on 9/14/2009 10:54:48 AM BLR 05610 (Rev. 9/06) VILLAGE OF LEMONT SECTION 02- 00055 -00 -WR SCHEDULE PHASE 2 ENGINEERING AGREEMENT APPROVAL SEPTEMBER 2009 SURVEY OCTOBER TO DECEMBER 2009 DESIGN NOVEMBER 2009 TO MARCH 2010 PHASE 2 ENGINEERING COMPLETE MAY 2010 TARGET LETTING NOVEMBER, 2010 —J V Al 0 _ LANE n _ R NET LENGTH OF IMPR❑VEMENTt N w ��~ MCCARTHY ROAD = ,483 MILES ARCHER AVENUE = .304 MILES L.) w DERBY ROAD = .118 MILES J _ ARCHER AVENUE _ ,905 MILES ENDS 121st 1l1 --J APPLE 4el` P �.. PALOS HILLS L MEMORIAL GARDENS 0 Deer N 'MCCARTHY ROAD DERBY ROAD "o 0 BEGINS (BEGINS $ • DERBY ROAD MCCARTHY ROAD o ENDS ENDS 1 ‘" a o el. O a.,aa.a.inal i • • "'',60 Ks R ARCHER AVENUE GLENEAGLES sr •'' BEGINS GOLF - • IN CT. . •.• R • r = CLUB • WW:mi-0101111.116 a: ciiJI '' X S. 111 M r0144r42a ONC il virm_rL A I ats L❑CATI ❑N MAP 2. _ 7 n ! "� n DERBYTR ❑AD ❑INTERSECTI ❑N IMPROVEMENT: Jam:,:..•. :' N,T,S, 17144:, 11111_./N.... Zliti - tR1 • .111:1110t4 7AF7iC�L.tF1 10 SSY19.1dS MIMMVAMMORC:F2 r. \ ►`r�•rd•7J,trIlki:A ti•oree A Area Survey Company 15915 S. Crystal Creek Drive Suite H Homer Glen, IL 60491 • Phone (708) 349 -7364 • FAX (708) 349 -7372 April 13, 2009 Mr. Tim Klass, P.E. Frank Novotny, d, Associates, Inc. 825 Midway Drive Willowbrook, Illinois 60527 Re: P. N. 32,887 McCarthy Road Improvements Village of Lemont, bear Tim, We, Area Survey Company, appreciate this opportunity to submit our proposal to do the work requested for the McCarthy Road Improvements in the Village of Lemont. Scope of Work: Prepare a topographic survey of the right of way's including an approximate 15 foot overlap of the right of way's for McCarthy Road from station 1 +78 to 27 +28, Derby Road between Archer Avenue and McCarthy Road and Archer Avenue between stations 6 +30 to 22 +23. We will also extend the topographic survey for McCarthy Road and Archer Avenue 100 feet beyond the limits of the above stationing. The total linear feet of the survey will be approximately 5,263 feet. Field Procedures: Initially we will establish horizontal baseline control, based on found right of way monumentation. We will recover a minimum of 2 existing benchmarks and check between them for their relative accuracy and establish benchmarks at various locations through out the project. We will electronically collect the necessary E-mail: area.jackie @gmail.com field data that will be required to prepare the Final Plats of Topography. The field data will include all physical features, all man holes with rim and invert elevations, all pavement locations, fence location, berm and ditch location and elevations, curb location within 15 feet of the right of way's and anything that might affect the proposed development. Upon completion of collecting the field date prepare the necessary Plats of Topography. Cost Estimate: We propose to provide the above - described tasks for a fee of $24,140.00 (twenty four thousand, one hundred, forty dollars). Detail Cost Estimate: Two person field crew at 15.7 days at $1200.00 per day, for at total of $18,840.00. The 15.7 days is based on the field crew averaging the field data collection of 450 linear feet of right of way per day for the total length of 5,263 linear feet and 4 crew days for the horizontal and vertical control, the measurement of the sewer inverts and top of water main elevations. Auto Cad drafting, 62.35 hours at $85.00 per hour, for a total of $5,300.00. Final drafting of 84.4 linear feet per hour for the total length of 5,263 linear feet( 84.4 linear feet is based on past per performance on similar projects). Also please find attached a copy of our current normal hourly rates should there be any need for additional tasks not included in this contract. We will bill client the full amount upon completion and delivery of each of the above - described services. Any invoices not objected to within fifteen (15) days following invoice date shall be deemed good and incontestable. Payment of each invoice shall be due within thirty (30) days following the date thereof. A service charge equal to one and one -. half percent (1 -1/2 %) per month (eighteen percent [18 %] per annum) will accrue on all invoice balances remaining unpaid thirty (30) days following the date thereof. All claims, disputes and other matters in question arising out of or related to the billing process of this proposal shall be resolved in accordance with the E -mail: areajackie@gmail.com gmail.com construction industry rules of the American Arbitration Association. In the event of arbitration, suit and /or collection proceedings, client shall reimburse us for all costs incurred, including costs and reasonable attorney's fees. All notices provided for herein shall be in writing and served on the parties at the addresses set forth herein or at their last known address. I hope that you will find this proposal to be acceptable to you. Should you have questions about any of its terms, please contact our office so that we can discuss them with you. Please acknowledge your acceptance of this proposal by signing the attached copy of this proposal where provided for . and returning it to us. The undersigned, by executing this proposal, represents that he /she has the authority to bind client to the terms of this proposal. This proposal may be accepted by client within thirty (30) days following the date hereof; thereafter we reserve the right to withdraw the proposal at any time with or without notice. I wish to thank you for the opportunity to present this proposal to you and I am looking forward to working with you. If you have any questions or concerns feel free to contact our office at 708- 349 -7364, Thank you. Sincerely yours, AREA SURVEY COMPANY, P. C. by: Thomas J. Cesal- President ACKNOWLEDGED AND ACCEPTED this day of , 2009. by: Frank Novotny & Associates, Inc, E -mail: area.jackie @gmait.com A Area Survey Company 15915 S. Crystal Creek Drive Unit H, Homer Glen, Illinois 60491 • Phone (708) 349 -7384 • FAX (708) 349 -7372 HOURLY RATES Effective January 1, 2009 through June 30, 2009 Minimum Call Out: 4 Hour Charge Two Man Survey Crew Three Man Survey Crew GPS Crew Drafting Time Computer Time Licensed Professional Land Surveyor Project Manager Calculations Document Research Secretarial E -mail Data Copies / Data Discs area. jackieCWg mait.com $150;00 per Hour $165.00 per Hour $175.00 per flour $85.00 per Hour $90.00 per Hour $110.00 per Hour $95.00 per Hour $90.00 per Hour $85.00 per Hour $50.00 per Hour $25.00- $75.00 Local Office April 8, 2009 Mr. Tim Klass, P.E. Frank Novotny & Associates, Inc. 825 Midway Drive Willowbrook, Illinois 60527 Re: P.N. 32,887 (2 " Revision) McCarthy Road Improvements Village of Lemont Dear Mr. Klass: TSC TESTING SERVICE CORPORATION Corporate Office: 360 S. Main Place, Carol Stream, IL 60188 -2404 630.462.2600 • Fax 630.653.2988 Local Office: 457 E. Gundersen Drive, Carol Stream, IL 60188 -2492 630.653.3920 • Fax 630.653.2726 Testing Service Corporation (TSC) is pleased to submit this revised proposal to provide Geotechnical Engineering Services for the captioned project. This proposal addresses a Phase I investigation of the pavement and subgrade for the intersection improvement project. Revisions to this proposal include eliminating the work south of Archer Avenue on Derby Road. Proposed Project and Scope of Work: The intersection improvements are to include pavement widening and channelization for turn lanes. It is Currently anticipated that Derby Road will be reconstructed, McCarthy Road will be resurfaced and widened and Archer Avenue will be resurfaced. The limits of these improvements on McCarthy Road will extend between Stations 1 +78 and 27 +28. On Derby Road, the project limits will extend from McCarthy Road to Archer Avenue. The limits on Archer Avenue will extend between Stations 6 +30 and 22 +23. A review of the County Pedological map indicates "Unit 1330 - Peotone Silty Clay Loam, wet" to be mapped along a portion of Archer Avenue and McCarthy Road within limits of this project. This soil unit frequently includes areas of soft organic soil deposits which may be unsuitable for areas of pavement widening. This proposal includes supplemental soil borings to delineate areas of unsuitable soils. The additional borings will only be performed if soil borings at standard spacing encounter the soft organic soils. Summarized in the following table is our proposed scope of work for the Phase I Geotechnical investigation. The depth of the supplemental borings for organic soils is indicated at 10 feet but actual boring depth will vary. Please note that if a deep organic deposit is encountered, then a more extensive investigation and testing program may be required. Roadway Project Length Subgrade Borings Supplemental Borings Pavement Cores IBR's McCarthy Road 2,550 ft 9 @ 10 ft 4 @ 10 ft 6 None Archer Avenue 1,603 ft 0 0 6 None Derby Road 710 ( ±) ft 4 @ 10 ft None 2 None TOTALS: 4,863ft 13 @ 10 ft _ 4 @ 10 ft 14 Cores None Providing a Full Range of Geotechnical Engineering, Environreental Services, and Construction Materials Engineering & Testing Carol Stream, IL • Bloomington, IL • Cary, IL • DeKalb, IL • Gurnee, IL • Rockford, IL • Shorewood, IL • Tinley Park, IL Frank Novotny & Associates, Inc. McCarthy / Derby / Archer Channelization. (FAU) P.N. 32,887 (2nd Revision) - April 8, 2009 Procedures for Field Work: The subgrade borings will be spaced at standard intervals of 250 to 300 feet and extend to a standard depth of 10 feet. These borings will preferably be located along existing shoulder areas within limits of new pavement widening. Please note that our scope of work does not include any tests for Illinois Bearing Ratio (IBR). The pavement cores will be 4 -inch diameter and will extend to the top of subgrade or to a maximum depth of 16 to 18 inches. Utility clearance for the borings to be made will be obtained by TSC beforehand by contacting JULIE (Joint Utility Locating Information for Excavators), local municipalities and the customary agencies. TSC will utilize a crew trained in layout procedures to locate the borings in the field. It is our understanding that surface elevations at the borings will be obtained from cross sections or topographic plans which must be furnished to TSC. Soil samples will be obtained by standard split spoon (ASTM D 1586) or geo -probe methods. Sampling will be performed at continuous intervals to 5 feet and at 2.5 foot intervals thereafter. Representative portions of samples will be sealed, packaged and transported to our laboratory. Groundwater observations will also be made during drilling. Prevailing Wage The Illinois Department of Labor (IDOL) has recently taken the position that the drilling of soil borings is a covered activity under the Illinois Prevailing Wage Act (IPWA). This project, along with all other transportation and infrastructure related projects which are not fully (100 %) federally funded for the design phase, will apparently now be under the guidelines of IPWA enforcement. The unit prices provided in the attached fee schedule are meant to comply with the IPWA, and therefore should be in agreement with the position taken by the IDOL. Assumptions for Permits and Traffic Control: It is our understanding that Archer Avenue and McCarthy Road are under IDOT jurisdiction and will require an IDOT permit to perform the field work. We further understand Derby Road is under Village jurisdiction which will not require a permit or other documentation. It has been our experience that it may take at least 6 to 8 weeks or more to get the permit from IDOT. It will be required to perform a lane closure for each of the pavement cores and possibly most or all of the soil borings. This proposal includes a provision for flaggers, arrowboard and signs to perform the lane closures. It is understood that the drilling / coring work and lane closures can be performed weekdays between the hours of 8:30 AM and. 3:30 PM. Laboratory Testing: All boring samples will be examined by an experienced laboratory soils technician, to verify field descriptions and visually classify them in accordance with the AASHTO Soil Classification System. Laboratory testing will include moisture content determinations as well as hand penetrometer measurements of unconfined compressive strength, as appropriate. Representative subgrade samples will also be tested for Atterberg limits and grain size analysis in accordance with IDOT -2- Frank Novotny & Associates, Inc. McCarthy / Derby / Archer Channelization (FAU) P.N. 32,887 (2nd Revision) - April 8, 2009 procedures. Please note that this cost proposal does not include a provision for shelby tube samples, consolidation tests, and detailed settlement analysis should the subsurface study encounter a soft organic soil deposit. Report of Data Obtained: Field and laboratory test data will be summarized in an engineering report which meets requirements for a federally funded project. The report is to include soil profile sheets. The report will address anticipated soil and pavement conditions impacting the roadway improvements, based upon the information obtained from the borings and cores. It will also provide specific recommendations to guide treatment of unsuitable or unstable soil types within areas of pavement widening or reconstruction. Recommendations will also be made for a subgrade support value for pavement design. Please note that our scope of work does not include performing pavement design. Fees and Scope: To provide the Geotechnical Study outlined above, TSC is proposing a not -to- exceed budget amount of Twenty -Six Thousand Dollars ($26,000.00). This budget is based on the understanding that the work can be performed during standard weekdays with at least 6 hours allowed per day. Our fee is further subject to this proposal being accepted by you on or before August 1, 2009. Should the study reveal unexpected subsurface conditions requiring a change in scope, you will be contacted before we proceed with further work. Our invoice will be based on the unit rates given. Please note that our quoted fee does not include plan review, excavation, fill, earthwork, or pavement construction observations during construction phases of the project. The project budget should include provisions for these services. Consultation, preconstruction meetings or other professional services subsequent to delivery of TSC's report are additional services that will be covered by separate invoice. TSC's geotechnical investigation will not include services required to evaluate the likelihood of the site being contaminated by hazardous materials or other pollutants. Should an environmental investigation be desired by you, please contact the undersigned for a separate proposal. The geotechnical services being performed are subject to TSC's attached General Conditions. Unless stated otherwise, TSC fees include all state and federal taxes and permits that may be required; however, they do not include any license, permits or bond fees that local governments may impose. The local fees, if any, will be added to the invoice. Unless we receive written instructions to the contrary, invoices will be sent to: Mr. Tim Klass, P.E. Frank Novotny & Associates, Inc. 825 Midway Drive Willowbrook, Illinois 60527 Frank Novotny & Associates, Inc. McCarthy / Derby / Archer Channelization (FAU) P.N. 32,887 (2nd Revision) - April 8, 2009 If this proposal meets with your approval, please indicate your acceptance by signing one copy and returning it to our Carol Stream Illinois office. Your consideration of our proposal is appreciated. We look forward to being of service to you on this project. Respectfully Submitted, TESTING SERVICE CORPORATION Charles R. DuBose, P.E. Vice President CRD:cn Approved and accepted for by: (NAME) (TITLE) (DATE) Frank Novotny & Associates, Inc. McCarthy / Derby / Archer Channelization (FAU) P.N. 32,887 (2nd Revision) - April 8, 2009 COST ESTIMATE P.N. 32,887 (2 "d Revision) McCarthy / Derby / Archer Channelization (FAU) Village of Lemont ITEM UNITS 1 QTY 1 RATE 1 COST STAKING AND UTILITY CLEARANCE SERVICES 1.1 Two - Person Crew Hour 14.0 145.00 $ 2,030.00 1.2 Layout Crew Chief Hour 1.0 95.00 $ 95.00 OBTAIN PERMITS (Assumes an IDOT permit is required.) 2.1 Bonds, Permits, or Other Charges At Cost 1 500.00 $ 500.00 MOBILIZATION AND DEMOBILIZATION OF DRILL RIG AND CREW 3.1 Drill Mounted on Truck or GeoProbe Unit Each 2 450.00 $ 900.00 3.2 Drill Mounted on All-terrain Vehicle Each 0 475.00 $ 0.00 3.3 Daily Surcharge All- terrain Vehicle Day 0 200.00 $ 0.00 BORINGS FOR SUBGRADE Includes samples by SPT (split spoon) or geo -probe methods, visual classification and moisture contents. 4.1 Standard Subgrade Borings with Drill Rig or GeoProbe Rig Foot 110.0 31.50 $ 3,465.00 4.2 Supplemental Soil Borings for unsuitable Soils Foot 40.0 31.50 $ 1,260.00 4.3 Soil Borings by Hand Auger Foot 0.0 35.00 $ 0.00 4.4 Bulk Subgrade Samples for IBR Tests Sample 0.0 60.00 $ 0.00 OBTAIN PAVEMENT CORES Includes coring with 4 inch diameter barrel and retrieving all pavement materials to maximum depth of about 16 to 18 inches. 5.1 Provide One -Man Coring Crew - Regular Time (Portal to Portal) Hour 16.0 130.00 $ 2,080.00 5 2 Provide one -Man Coring Crew O.T. (Portal to Portal) Hour 4.0 190.00 $ 760.00 5.3 Patch Holes with Quick Set 45 Concrete per IDOT Request in permit Each 12 25.00 $ 300.00 5.4 Materials technician to measure and describe core sample in laboratory Sample 14 15.00 $ 210.00 -5- Frank Novotny & Associates, Inc. McCarthy / Derby / Archer Channelization (FAU) P.N. 32,887 (2nd Revision) - April 8, 2009 ITEM 1 UNITS I_ QTY 1 RATE COST SURCHARGE FOR PREVAILING WAGE OF DRILL CREW Assumes federal funds contribute to payment for Geotechnical study. 6.1 Standard Time (8.0 hours per day max.) [On Drilling] Hour 16.0 25.00 $ 400.00 6.2 Overtime (Time > 8.0 hours per day) Hour 2.0 35.00 $ 70.00 BACKFILL BORE HOLES UPON COMPLETION WITH BENTONITE GROUT OR CHIPS 7 1 Includes Concrete or Asphalt Patch, Where Necessary Foot 0.0 5.00 $ 0.00 TRAFFIC CONTROL BY A TRAFFIC CONTROL COMPANY Assumes two flaggers and signs needed for all pavement cores and most soil borings. 8.1 Two -Man Crew - Regular Time (Portal to Portal) Hour 24.0 160.00 $ 3,840.00 8.2 Two -Man Crew - O.T. (Portal to Portal) Hour 6.0 190.00 $ 1,140.00 LABORATORY TESTING 9.1 Washed Sieve Samples Sample 0 75.00 $ 0.00 9 2 Particle Size Analysis Including Hydrometer Analysis Sample 6 115.00 $ 690.00 9.3 Atterberg Limit Determinations Sample 6 72.50 $ 435.00 9.4 Organic Content (L.O.I. & Wet Combustion) Sample 1 105.00 $ 105.00 9 5 Moisture /Density Relationship of Soils (Standard Proctor) [4 "] Sample 0 165.00 $ 0.00 9 6 Illinois Bearing Ratio (IBR) of Laboratory Compacted Soils Sample 0 185.00 $ 0.00 PROJECT ADMINISTRATION, ENGINEERING, ANALYSIS AND REPORTING PERSONNEL (It is our understanding that soil profile sheets will not be required for this phase of the project) 10.1 Senior Geotechnical Engineer, P.E. Hour 28.0 140.00 $ 3,920.00 10.2 Project Geotechnical Engineer, P.E. Hour 20.0 95.00 $ 1,900.00 10.3 Secretary Hour 5.0 52.50 $ 262.50 10.4 Draftsman Hour 0.0 76.00 $ 0.00 10.5 CADD Technician Hour 15.0 75.00 $ 1,125.00 -6- Frank Novotny & Associates, Inc. McCarthy / Derby / Archer Channelization (FAU) P.N. 32,887 (2 "d Revision) - April 8, 2009 ITEM 1 UNITS QTY 1 RATE I COST PRINTING AND REPRODUCTION 11.1 Final Report Copy 4 25.00 $ 100.00 11.2 Soil Profile Sheets (At Cost - Estimate) At Cost 1 62.00 $ 62.00 ESTIMATED TOTAL: $25,649.50 RECOMMENDED BUDGET: $26,000.00 TSC TESTING SERVICE CORPORATION 1. PARTIES AND SCOPE OF WORK: If Client is ordering the services on behalf of another, Client represents and warrants that Client is the duly authorized agent of said party for the purpose of ordering and directing said services, and in such case the term "Client" shall also include the principal for whom the services are being performed. Prices quoted and charged by TSC for its services are predicated on the conditions and the allocations of risks and obligations expressed in these General Conditions. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by Client are adequate and sufficient for Client's intended purpose. Unless otherwise expressly assumed in writing, TSC's services are provided exclusively for client. TSC shall have no duty or obligation other than those duties and obligations expressly set forth in this Agreement. TSC shall have no duty to any third party. Client shall communicate these General Conditions to each and every party to whom the Client transmits any report prepared by TSC. Ordering services from TSC shall constitute acceptance of TSC's proposal and these General Conditions. 2. SCHEDULING OF SERVICES: The services set forth in this Agreement will be accomplished in a timely and workmanlike manner. If TSC is required to delay any part of its services to accommodate the requests or requirements of Client, regulatory agencies, or third parties, or due to any cause beyond its reasonable control, Client agrees to pay such additional charges, if any, as may be applicable. 3. ACCESS TO SITE: TSC shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as a result of its services or the use of its equipment; however, TSC has not included in its fee the cost of restoration of damage which may occur. If Client desires or requires TSC to restore the site to its former condition, TSC will, upon written request, perform such additional work as is necessary to do so and Client agrees to pay to TSC the cost thereof plus TSC's normal markup for overhead and profit. 4. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that Client has advised TSC of any known or suspected hazardous materials, utility lines and underground structures at any site at which TSC is to perform services under this agreement. 5. DISCOVERY OF POLLUTANTS: TSC's services shall not include investigation for hazardous materials as defined by the Resource Conservation Recovery Act, 42 U.S.C.§ 6901, et, seq., as amended ( "RCRA ") or by any state or Federal statute or regulation. In the event that hazardous materials are discovered and identified by TSC, TSC's sole duty shall be to notify Client. 6. MONITORING: If this Agreement includes testing construction materials or observing any aspect of construction of improvements, Client's construction personnel will verify that the pad is properly located and sized to meet Client's projected building loads. Client shall cause all tests and inspections of the site, materials and work to be timely and properly performed in accordance with the plans, specifications, contract documents, and TSC's recommendations. No claims for loss, damage or injury shall be brought against TSC unless all tests and inspections have been so performed and unless TSC's recommendations have been followed. TSC's services shall not include determining or implementing the means, methods, techniques or procedures of work done by the contractor(s) being monitored or whose work is being tested. TSC's services shall not include the authority to accept or reject work or to in any manner supervise the work of any contractor. TSC's services or failure to perform same shall not in any way operate or excuse any contractor from the performance of its work in accordance GENERAL CONDITIONS Geotechnical and Construction Services with its contract. "Contractor" as used herein shall include subcontractors, suppliers, architects, engineers and construction managers. Information obtained from borings, observations and analyses of sample materials shall be reported in formats considered appropriate by TSC unless directed otherwise by Client. Such information is considered evidence, but any inference or conclusion based thereon is, necessarily, an opinion also based on engineering judgment and shall not be construed as a representation of fact. Subsurface conditions may not be uniform throughout an entire site and ground water levels may fluctuate due to climatic and other variations. Construction materials may vary from the samples taken. Unless otherwise agreed in writing, the procedures employed by TSC are not designed to detect intentional concealment or misrepresentation of facts by others. 7. DOCUMENTS AND SAMPLES: Client is granted an exclusive license to use findings and reports prepared and issued by TSC and any sub - consultants pursuant to this Agreement for the purpose set forth in TSC's proposal provided that TSC has received payment in full for its services. TSC and, if applicable, its sub - consultant, retain all copyright and ownership interests in the reports, boring logs, maps, field data, field notes, laboratory test data and similar documents, and the ownership and freedom to use all data generated by it for any purpose. Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty (60) days after submission of TSC's report. 8. TERMINATION: TSC's obligation to provide services may be terminated by either party upon (7) seven days prior written notice. In the event of termination of TSC's services, TSC shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses. The terms and conditions of these General Conditions shall survive the termination of TSC's obligation to provide services. 9. PAYMENT: Client shall be invoiced periodically for services performed. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to in writing for valid cause within sixty (60) days at the rate of twelve (12 %) per annum (or the maximum interest rate permitted by applicable law, whichever is the lesser) until paid and TSC's costs of collection of such accounts, including court costs and reasonable attorney's fees. 10. WARRANTY: TSC's professional services will be performed, its findings obtained and its reports prepared in accordance with these General Conditions and with generally accepted principles and practices. In performing its professional services, TSC will use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession. In performing physical work in pursuit of its professional services, TSC will use that degree of care and skill ordinarily used under similar circumstances. This warranty is in lieu of all other warranties or representations, either express or implied. Statements made in TSC reports are opinions based upon engineering judgment and are not to be construed as representations of fact. Should TSC or any of its employees be found to have been negligent in performing professional services or to have made and breached any express or implied warranty, representation or contract, Client, all parties claiming through Client and all parties claiming to have in any way relied upon TSC's services or work agree that the maximum aggregate amount of damages for which TSC, its officers, employees and agents shall be liable is limited to $50,000 or the total amount of the fee paid to TSC for its services performed with respect to the project, whichever amount is greater. In the event Client is unwilling or unable to limit the damages for which TSC may be liable in accordance with the provisions set forth in the preceding paragraph, upon written request of Client received within five days of Client's acceptance of TSC's proposal together with payment of an additional fee in the amount of 5% of TSC's estimated cost for its services (to be adjusted to 5% of the amount actually billed by TSC for its services on the project at time of completion), the limit on damages shall be increased to $500,000 or the amount of TSC's fee, whichever is the greater. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the exposure to an award of greater damages. 11. INDEMNITY: Subject to the provisions set forth herein, TSC and Client hereby agree to indemnify and hold harmless each other and their respective shareholders, directors, officers, partners, employees, agents, subsidiaries and division (and each of their heirs, successors, and assigns) from any and all claims, demands, liabilities, suits, causes of action, judgments, costs and expenses, including reasonable attorneys' fees, arising, or allegedly arising, from personal injury, including death, property damage, including loss of use thereof, due in any manner to the negligence of either of them or their agents or employees or independent contractors. In the event both TSC and Client are found to be negligent or at fault, then any liability shall be apportioned between them pursuant to their pro rata share of negligence or fault. TSC and Client further agree that their liability to any third party shall, to the extent permitted by law, be several and not joint. The liability of TSC under this provision shall not exceed the policy limits of insurance carried by TSC. Neither TSC nor Client shall be bound under this indemnity agreement to liability determined in a proceeding in which it did not participate represented by its own independent counsel. The indemnities provided hereunder shall not terminate upon the termination or expiration of this Agreement, but may be modified to the extent of any waiver of subrogation agreed to by TSC and paid for by Client. 12. SUBPOENAS: TSC's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay TSC pursuant to TSC's then current fee schedule for any TSC employee(s) subpoenaed by any party as an occurrence witness as a result of TSC's services. 13. OTHER AGREEMENTS: TSC shall not be bound by any provision or agreement (i) requiring or providing for arbitration of disputes or controversies arising out of this Agreement or its performance, (ii) wherein TSC waives any rights to a mechanics lien or surety bond claim; (iii) that conditions TSC's right to receive payment for its services upon payment to Client by any third party or (iv) that requires TSC to indemnify any party beyond its own negligence These General Conditions are notice, where required, that TSC shall file a lien whenever necessary to collect past due amounts. This Agreement contains the entire understanding between the parties. Unless expressly accepted by TSC in writing prior to delivery of TSC's services, Client shall not add any conditions or impose conditions which are in conflict with those contained herein, and no such additional or conflicting terms shall be binding upon TSC. The unenforceability or invalidity of any provision or provisions shall not render any other provision or provisions unenforceable or invalid. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. In the event of a dispute arising out of or relating to the performance of this Agreement, the breach thereof or TSC's services, the parties agree to try in good faith to settle the dispute by mediation under the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to filing any demand for arbitration, or any petition or complaint with any court. Paragraph headings are for convenience only and shall not be construed as limiting the meaning of the provisions contained in these General Conditions. REV 02/08 TESTING SERVICE CORPORATION General Information: as Distribute Reports Project Name: Company: _ , Project Data Sheet Project Address:_—_ Address: ____ City / State / Zip: City / State / Zip: _________ Project Manager: Telephone: ____________ Telephone: __________________ Fax: Site Contact: Name: __________ Telephone: Company: ______________________ Fax: --- Address: _________________ Send Invoice To: City/State/Zip: ___-___ ______ Purchase Qrder No: Telephone: Atteotioo--_ Fax:____________ Company Address: Name: _______________ City / State /Zip: -- Comoany__________ Telephone: -_ � AdNmos:___ Fax: City / State /Zip: Important Notes: Telephone:_____ Fax: ______, Name: _ _ Company:. Completed By: Signature: _ • Date: lax °A, Kenig, Lindgren, O'Hara, Aboona, Inc. April 13, 2009 Village of Lemont c/o Mr. James L. Cainkar, PE, PLS Frank Novotny & Associates, Inc. 825 Midway Drive Willowbrook, Illinois 60527 9575 West Higgins Road, Suite 400 I Rosemont, Illinois 60018 p: 847 -518 -9990 I f: 847- 518 -9987 Assoc., hie. 2009 Re: Traffic Signal Design Plans Archer Avenue /McCarthy Road, Archer Avenue /Derby Road and McCarthy Road /Derby Road Lemont, Illinois Dear Jim: As requested, Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) is pleased to submit this proposal for professional traffic engineering services for the design of Traffic Signal Plans at the following three intersections in Lemont, Illinois. • Archer Avenue with McCarthy Road • Archer Avenue with Derby Road • McCarthy Road with Derby Road It is our understanding that the project will be funded with Federal Aid and, as such, the plans will meet all Federal requirements. We have developed our scope of services based on our previous work in the area, experience with similar projects, and our experience and knowledge of the Illinois Department of Transportation (IDOT) requirements. Scope of Services Traffic Signal Design For each of the intersections, the following will be prepared. 1. Base Map Preparation: Base maps (at a scale of 1 inch = 20 feet) will be prepared for the proposed traffic signal plans using the IDS's prepared by Metro Transportation Group, Inc. and approved by IDOT.. Plans, Specifications and Estimate: Traffic Signal Plans will be prepared using the base map information from Task 1. The Traffic Signal Plans will be developed based on the IDOT standards current at the time said plans will be prepared. The plans will include the following. KLOA, Inc. Transportation and Parking Planning Consultants Mr. James L. Cainkar, PE, PLS April 13, 2009 Page 2 a. Temporary signal plans. b. Preliminary, pre -final and final Traffic Signal Plans. c. Cable plan. d. Phase designation diagram. e. Loop detector detail and general notes. f. Pavement markings. g. Interconnect plan to the other signals. h. Technical specifications employing IDOT special provisions to the extent that they apply will be assembled. i. An engineer's opinion of probably construction cost will be prepared based on the final plans. 3. Coordination with IDOT: Discussions with representatives from IDOT will be held to clarify specific design elements IDOT wants incorporated into the plans. Time of Performance We estimate the time to complete the Traffic Signal Plans to be approximately three to four weeks from , receipt of authorization to proceed. Cost of Services The cost of services rendered on this project will be based on hourly staff rates current at the time services are provided. Direct expenses will be billed separately at cost and include travel and reproduction. Based on our experience with similar projects, we estimate the cost to prepare the traffic signal plans for each intersection to be $9,500 for a total of $28,500 for all three intersections. The cost for attendance at meetings will be additional. Hourly rates for a Principal of KLOA, Inc. to attend daytime meetings is $190 and to attend evening hearings is $260. Method of Payment Invoices will be submitted every two weeks and will reflect the charges incurred on the project during the previous period. Invoices will show staff time and expenses separately. Invoices are due and payable within 30 days of the invoice date. Payments due KLOA, Inc. are not contingent upon project approval or project financing and are the responsibility of Village of Lemont. To the maximum extent permitted by law, Village of Lemont agrees to limit Kenig, Lindgren, O'Hara, Aboona, Inc.'s liability for Village of Lemont's damages up to the sum of the total fee on this project. This limitation should apply regardless of the cause of action or legal theory pled or asserted. Mr. James L. Cainkar, PE, PLS April 13, 2009 Page 3 We are pleased to have this opportunity again to continue to offer our professional services to Village of Lemont. We look forward to initiating our services on the project upon your authorization and receipt of a signed copy of this letter of agreement. Sincerely, KENIG, REN, O'HARA, ABOONA, INC. ACCEPTED AND APPROVED THIS ..rte Michael A. Pr's • 1 erthmann, PE ona, PE As its P ' • ipal and Contracting Officer MAW\ps Cainkar TRAFFIC SIGNAL DESIGN PLANS in Lemont April 13 2009 maw DAY OF , 2009 (Signature) (Typed/Printed Name) Authorized to Execute Agreements for: DeCeng?Pfn17:7,,qq981), Jim Cainkar, P.E. Frank Novotny & Associates, Inc. 825 Midway Drive Willowbrook, IL 60527 Re: Highway Plats for McCarthy Road, Archer Avenue and Derby Road Cost Proposal Dear Mr. Cainkar, We appreciate this opportunity to submit a proposal for highway plat preparation for McCarthy Road, Archer Avenue and Derby Road. We have assembled costs for data gathering, field work, office work, plat preparation and coordination. The proposed cost is $33,250. We plan to have the survey work/plat preparation completed in January/February for submittal to IDOT, with final approval by the end of April as discussed. The intent is to provide highway plats in IDOT format for 5 parcels. It is anticipated the highway plats will consist of 4 sheets. The work will include obtaining available alignment, right-of-way dimensions, electronic files, existing survey work and documentation developed by others. Title commitments for 6 PINs (5 parcels) will be provided by a title company. Office preparation, field surveys, calculations and preparation of plats will be performed by CMT. The deliverables will be Preliminary, Pre-Final and Final Plat Submittals along with the necessary IDOT Coordination. Attached is the IDOT CECS spreadsheet for your review. We look forwarding to working on this project. Please call me to discuss questions and to coordinate the work. Sincerely CRAWFORD, MURPHY & TILLY, INC. Chris P. Dagiantis Encl. — Cost Estimate of Consultant Services LOO . . 556 mokr4‘c01%4mor:18 DRIVE, SUITE 116 • AURORA, iL 60504 • 6.30-626-102.4-'6iii:.8i0-0j50 FAX ■•• " • • • . - . . . . . i I 1 1 O d co co E c W N C U. U. o oa 0 CO O r- 0 c 7 0 E 11 re (0 en Overhead Rate 0 U 0) N O U c 8 O Complexity Factor 0 m H E a) m 0 co 6- 11 V O N. 0 O 6) Ni - O 0 Total (B +C +D +E +F +G) 3,581.84 10,521.88 In vi .0) 4. CV co csi N CC 1 0.001 3,156.32 1 0.001 3,156.32 cc! co O O O 0 0.00 33,255.57 DBE Total (B+C+D+E+F+G) O 0 00000 O 0 O 0 O 0 Services By Others (G) O O 0 to N. N O 0 o to N Outside Direct Costs (F) 00'0 (3) eaa pax OT 1 1,332.47 1 316.03 ��� f- O C+) i') —__516.28 0 CO ri c+9 In -House Direct Costs (D) 0 O C 0 1- 40.00 40.00 40.00 820.00 Overhead Fringe Benefits (C) V. 4 41 5,157.88 0) et M a— 3,301.04 C CI O '- 1,650.52 N c+) e- N r 15,688.83 Payroll (B) 285.10 01 3,331.54 M to Lo co 2,132.18 1 1,066.09 O cth co N N. c .,- 0) M r- O Manhours (A) W 100 v N eF CO N M N M CO N E d (Office Preparation Field Work Calculations and Legals Preliminary Plat Submittal Pre -final Plat Submittal Final Plat Submittal Management TOTALS a w c x Qore° i DBE 0.00% BDE 025 (Rev. 11/06) Printed 12/17/2008