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Home My WebLink About6.7 Motion to accept the proposal for construction engineering of the 2024 Village drainage improvements project for an amount not to exceed $61,500.00.M+awn �'xyt�lts�=e Item Cover Page Subject Motion to accept the proposal for construction engineering of the 2024 Village drainage improvements project for an amount not to exceed $61,500.00. Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information May 7, 2024 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD 0 $61,500.00 Flood Control Construction Fund CONSENT AGENDA Action Item The Village Board of Trustees awarded a construction contract for the 2024 Drainage Improvements Project at the April 16, 2024, Village Board Meeting. The scope of work includes regrading ditches in the Prospect Meadows Subdivision, a section of Glendale Lane, and the 900 block of S. Elm Street. In addition, driveway culverts will be removed and replaced as necessary. Work on Elm Street includes installation of storm sewer pipe. Restoration work will include replacement of driveways in-kind, sodding disturbed areas, patching of roadways and replacement of sidewalk. Engineering plans and specifications were prepared in-house by Village staff. To provide adequate oversight of the contractor during construction, Village staff seeks to enter into a contract with an engineering firm to provide construction engineering services. Major tasks of the contract include construction layout, daily on-site inspection, responding to resident inquiries, approving contractor pay requests, final close out documentation, and preparing as -built drawings. Request for Proposals A Request for Technical & Cost Proposals was posted on the Demandstar website on April 1, 2024. Village staff also notified several engineering firms of the work. Twenty (20) engineering firms obtained the Request for Technical & Cost Proposals documents. Proposals were due at 5:00 p.m. on Monday, April 22, 2024. Seven (7) consulting engineering firms responded and submitted Technical & Cost Proposals. Firms were asked to submit as part of their proposal the following information: 1. Resumes of key personnel and related experience on similar types of projects. 2. Summary of the firm's approach to the project. 3. Staff hours estimate and cost proposal for major phases of work. 4. Project schedule. RFP Results The consulting firms' Technical and Cost Proposals were reviewed based on their understanding of our goals and their methodology of the design process. They were rated (with a maximum score of 100 points) according to these specific categories: company background, experience, scope of work, schedule, work effort, and proposal content. The rankings are: Technical Pro ooals Category Max Points SPACECO Civiltech Manhard Michael Baker Burns & McDonnell Bowman Chastain Background 20 20 19 18 20 17 18 16 Experience 20 19 17 18 16 17 16 17 Scope 25 24 25 24 23 24 23 21 Schedule 15 15 15 12 13 14 13 13 Work effort 10 10 10 10 8 8 8 9 Content 10 8 9 10 10 8 9 8 Total 100 96 95 92 90 88 87 84 Cost Proposals Ordered by Technical Proposal Rankin Firm Hours Total Cost Cost / Hour* SPACECO 436 $61,500.00 $141.06 Civiltech 487 $67,327.00 $130.18 Manhard Consulting 464 $68,301.00 $147.20 Michael Baker 572 $99,470.00** $167.99 Burns & McDonnell 434 $82,351.00 $177.71 Bowman 1330 $153,390.00 $107.22 Chastain 545 $63,767.00** $111.16 *based on labor costs **excludes survey layout Discussion SPACECO, Inc. has put together a very strong project team with experience in construction engineering for numerous municipal capital improvement projects including drainage improvements. They have a very experienced professional construction management staff with a thorough understanding of the project coordination, communication, and documentation needs to successfully accomplish the project within the proposed schedule. The Resident Engineer and Project Engineer assigned to the project are each a licensed Professional Engineer in the State of Illinois. Their knowledge and experience on similar past projects will ensure the necessary oversight for a successful project. SPACECO has not worked on previous projects with the Village but the City of Des Plaines, Village of Hanover Park, and Maine Township have indicated their work to be acceptable. It is Village staff's opinion that SPACECO will provide the best product at an appropriate number of hours dedicated to construction engineering. Alternatives 1. Accept proposal to provide construction engineering services for the 2024 Village Drainage Improvements Project. 2. Action at discretion of Village Board. Staff Recommendation Village staff recommends that the Village Board accept the proposal from SPACECO, Inc. of Rosemont, Illinois to provide construction engineering services for the 2024 Village Drainage Improvements Project in the amount not to exceed $61,500.00. Attachments 1. location map 2. Construction Engineering RSQ 3. SPACECO Proposal Village of Mount Prospect, Illinois A 2024 DRAINAGE 1 M P R( 1 - PROSPECT MEADOWS SUBDIVISIC 2 - GLENDALE LANE 3 - ELM STREET / LONNQUIST BOULE� MAYOR VILLAGE MANAGER Paul Wm. Hoefert Michael J. Cassady Mount Prospect TRUSTEES DIRECTOR OF PUBLIC WORKS Vincent J. Dante Sean Dorsey Agostino Filippone I?/ Terri Gens William A. Grossi Phone: 847/870-5640 John Matuszak Fax: 847/253-9377 Colleen E. Saccotelli www.mountprospect.org Village of Mount Prospect Public Works 1700 W. Central Road, Mount Prospect, Illinois 60056 Request for Statements of Qualifications & Cost Proposals DATE: April 5, 2024 FROM: Matthew Lawrie, P.E. Village of Mount Prospect Public Works Department RE: Request for Statements of Qualifications & Cost Proposals 2024 Village Drainage Improvements Project — Construction Engineering Services The Village of Mount Prospect seeks Statements of Qualifications & Cost Proposals from engineering firms to provide construction engineering services for the 2024 Village Drainage Improvements Project. Attached to this memo are: 1. A list of materials and information that should be included with your Statement of Qualifications & Cost Proposal (Exhibit A). 2. A general definition of the scope of services and requirements for your submittal (Exhibit B). 3. The evaluation process and tentative schedule (Exhibit C). 4. A map identifying the project locations (Exhibit D). 5. Construction plans (Exhibit E). 6. Construction specifications (Exhibit F). 7. Construction bid tab (Exhibit G). Your Statement of Qualifications & Cost Proposal should be emailed to the following address and received no later than 5:00 p.m. on Monday, April 22, 2024. Mr. Jason Leib Deputy Director of Public Works Village of Mount Prospect ileib@mountprospect.org Village of Mount Prospect Public Works Department I Page 2 Exhibit A Requirements for Statement of Qualifications & Cost Proposal Agency: Village of Mount Prospect Project: 2024 Village Drainage Improvements Project — Construction Engineering Services Location: Various Locations (refer to Project Location Map) Your Statement of Qualifications & Cost Proposal should include the following information: 1. Name, address and brief history of firm. 2. Organizational chart and resumes of key personnel to be assigned to this project. 3. Related experience during the last five (5) years. For example: a. Construction engineering contracts with government agencies, preferably local municipalities. b. Construction inspection of public improvement projects including soil erosion control, storm sewer, ditch grading, sidewalk, curb & gutter, and paving. 4. Brief description of process to accomplish the required tasks of the project. This should include: a. An understanding of the project. b. Objectives to be met as part of the project. c. Your approach to completing the project. d. A project schedule. 5. A complete cost proposal broken down by hourly rate of key personnel. Village of Mount Prospect Public Works Department I Page 3 Exhibit B General Scope of Services Agency: Village of Mount Prospect Project: 2024 Village Drainage Improvements Project —Construction Engineering Services Location: Various Locations (refer to Project Location Map) The Village of Mount Prospect is preparing to award a construction contract for the 2024 Drainage Improvements Project at the April 16, 2024 Village Board Meeting. The scope of work includes regrading ditches in the Prospect Meadows Subdivision, a section of Glendale Lane, and the 900 block of S. Elm Street (three locations in total). In addition, driveway culverts will be removed and replaced. Work on Elm Street includes installation of storm sewer pipe. Restoration work will include replacement of driveways in-kind, sodding disturbed areas, patching of roadways and replacement of sidewalk. Engineering plans and specifications were prepared in-house by Village staff. No permits from outside agencies are required to complete the work. Only local funds will be used to pay for construction and construction engineering. At this time, the Village seeks to enter into a contract with an engineering firm to provide construction engineering services. Construction is expected to begin in early May and anticipated to take 8 —10 weeks to substantially complete, weather depending. Turf restoration may be delayed until cooler weather. Final completion including punch items is October 1, 2024 per the contract documents. At a minimum, the following tasks are to be included in the scope of services. Additional tasks, at the consultant's recommendation, will be considered by the Village. 1. Fully understand the project's final plans, final specifications, and bid documents. 2. Complete all tasks related to providing construction engineering meeting project specifications and Village ordinances/policies. Full-time inspection is required during critical construction activities while part-time inspection is permissible during lesser construction activities. 3. Attend a Preconstruction Meeting with Village staff and the Contractor. 4. Review shop drawings and other equipment/material submittals as may be required. 5. Coordinate with private utility companies and Contractor to ensure underground utilities are properly marked during construction. 6. Assist Contractor with construction layout of the proposed improvements. 7. Coordinate material testing and QA/QC with the Contractor during construction. 8. Ensure proper traffic control is in place during construction activities. 9. Ensure construction areas are properly secured at the end of each working day. 10. Coordinate removal of materials off-site to appropriate disposal sites. 11. Ensure streets are regularly swept by the Contractor and kept free of dirt, mud, and dust. 12. Respond to inquiries from various stakeholders and address issues in a timely manner. 13. Attend and conduct construction coordination/status meetings as necessary. 14. Prepare pay estimates for Contractor work performed. 15. Provide weekly report summarizing the previous week's activities and forecasting the following week's work. 16. Create a construction punch list and ensure all outstanding items are completed to the satisfaction of the Village. 17. Coordinate final inspection and paperwork with the Village. 18. Complete all necessary final documentation. 19. Prepare as -built drawings. Village of Mount Prospect Public Works Department I Page 4 Exhibit C Evaluation Process Agency: Village of Mount Prospect Project: 2024 Village Drainage Improvements Project —Construction Engineering Services Location: Various Locations (refer to Project Location Map) Your Statement of Qualifications & Cost Proposal should be emailed to the following address and received no later than 5:00 p.m. on Monday, April 22, 2024 to the attention of: Mr. Jason Leib Deputy Director of Public Works Village of Mount Prospect ileib@mountprospect.orP The Statement of Qualifications & Cost Proposal will be evaluated based on the following factors: • Project Understanding & Technical Approach • Similar Project Experience • Project Team Capabilities • Overall Completeness of Submittal The Village of Mount Prospect appreciates your interest in this project. Any request for information or questions regarding this Request for Statements of Qualifications & Cost Proposals can be directed to Matthew Lawrie, Village Engineer, by phone at 847-870-5640 or email at mlawrie@mountprospect.ore. Tentative Schedule Submit Statement of Qualifications & Cost Proposal April 22, 2024 Select firm and negotiate contract April 29, 2024 Award contract May 7, 2024 Execute contract May 10, 2024 Begin services May 13, 2024 Complete services October 2024 Village of Mount Prospect Public Works Department I Page 5 Exhibit D Location Map Agency: Village of Mount Prospect Project: 2024 Village Drainage Improvements Project —Construction Engineering Services Location: Various Locations (refer to Project Location Map) 2024 VILLAGE DRAINAGE IMPROVEMENTS PROJECT CONSTRUCTION ENGINEERING SERVICES 9S'75 W. Higgins Pd, Ste 700 Posernont, llhnois 60018 P: 847-696,4060 MOUNT PROSPECT, IL 22411"" N. Liberty St Morris, lHinols 60450 FD� 81S9410260 �F: 847.896.4065 F: 815,941.0263 wwwspacecdnc.corn 38SO Priority Way South Dive, Suite 110 Indian apohs, N 4,6240 P.- 317 7'79--2194 F.: 847 696-40,65 INDEX 1 - Firm Information 2 - Resumes of Key Personnel & Organizational Chart 3 — Related Projects & Experience 4 — Understanding & Approach 5 — Project Schedule 6 — Cost Proposal Section 1 - Firm Information Since 1989, SPACECO, Inc. has provided a comprehensive array of civil engineering and surveying services for a wide range of clients, including municipal and private land developers. We work closely with other consultants, architects, planners, contractors, and reviewing agencies to find environmentally and cost sensitive solutions to complex engineering challenges ensuring seamless implementation through construction. We have vast experience working on and permitting projects throughout northern Illinois and the greater Chicago metropolitan area and have established a premier reputation for delivering projects on time and within budget. We have also developed strong relationships with many local communities, public agencies, and governing authorities. This familiarity with local practices and contacts helps our Client's projects proceed smoothly, quickly, and according to established timelines and budgets. We have a highly qualified staff of 75 professionals including licensed professional engineers and professional land surveyors and provide services from our three (3) office locations in Rosemont, IL, Morris, IL, and Indianapolis, IN. We are dedicated to meet our Client's highest expectations through hard work, talent, and teamwork. Rosemont, Illinois Office Information 9575 West Higgins Road, Suite 700 Rosemont, Illinois 60018 847-696-4060 Morris, Illinois Office Information 2241/2 North Liberty Street Morris, Illinois 60450 815-941-0260 Indianapolis, Indiana Office Information 3850 Priority Way South Drive, Suite 110 Indianapolis, Indiana 46240 317-779-2194 Services: Consltruc1ionP|ans5 bkollions �onceptuaVFeasibi|�ySU dies PreUminaryEn(:�ill, eering Fina|Enginecring 5M PPP Oesiqn/|nspectiun84Repoling Conatructimn(]baemetimn (-onmtruction��anagement Conou|tation Expar�VVitneoses Services Bounoal YSunaA/ )|a�sofSu6diviyion&�onmo|i�ation Tc)pogil aphirsurvey Condominiumsumey Bui|dino Permit P|aty )edication 8(Vacation P|ats Easement8,� AnnexatiunP|ata ConstructionLayoua S�,akinB /\utomatedHydrographic Surveying HorizontaA &Veirhica| Contnn| Networks Unmannecl Aeria| Systems We supply multidisciplinary experience and expertise. We are pvourd of our team of which encompayses a vahety of disdp|ines and experience. C)ur|ong-time emp|oyees spearheaded our rapid Bpowith bv combining a va|uab|e work ethic with dedicetion to high qua|ily {]urpeop|e intograteteamwcrk' ta|entand nasponsinanessto meet ourc|ier�bhiqhestexoecU,tionu� SPACIIIIICOU114C. 9575 W. Hi�-jqinu Rd, Ste 700 RoaemontU|inoiy6OO18 84 /.696.4060 84/ 896.1065 224u NUbei- tyEd Morha'UUnoio6O4O5 P�81S.941.0260 F�815�941.0263 385OPhohtyWay SouthOrive,Suite11O |ndienaoois,|\14624{ P�317779-2194 Section 2 - Resumes of Key Personnel The following SPACECO, Inc. Project team will be utilized on this project: Ted Ward, P.E. (Construction Department Manager) Role: Resident Engineer and main point of contact for the Village. Responsible for overall project management and coordination between Village and Contractor during construction. Sam Baro, P.E. (Project Manager) Role: Back-up Resident Engineer in the case Ted Ward is temporarily unavailable. Brett Bennett (Construction Engineer) Role: Construction Engineer to assist Resident Engineer with construction inspections and measuring field quantities if needed. Jordan Leskovisek (Survey Department Manager) Role: Responsible to provide surveying, staking, and as -built services. SPACECO Construction Certifications See attached corresponding Professional Resumes APWA IDOT MOT MOT IDOT IDOT MOT MOT P.E. MOT Qty's DELI CPII Soils Agg HMA -1 HMA -2 PCC -1 PCC -2 SE/SC In Renewal x x X x X X x x x X T. Ward Process Exp. 07/2024 x In Renewal x x x x x x x S. Baro Process B. Bennett Tech IV Exp 2028 x x x x x x See attached corresponding Professional Resumes EDUCATION REGISTRATIONS CERTIFICATIONS CAREER SUMMARY AFFILIATIONS 1111", 1iiiiiiiiiiiiijoir u TED T� WARD, P. E., D E C I, C P 11 m00000uuuuoouuuoioiiui�Vooioioioioioioioiomio CONSTRUCTION DEPARTMENT MANAGER ABOUT ME As Construction Department Manager, Mr, Ward is responsible for the day-to-day contracting, management, and oversight of the construction department staff and projects. He provides capital planning studies, project reports, review of design plans for internal quality control, specification development and review, construction cost estimates, bidding, and contract administration. He also directs his staff of construction engineers and technicians and is responsible for their scheduling and supervision. In the field, Mr. Ward is responsible for providing construction management, engineering, and Resident Engineer services for our most complex projects. His duties include external plan review, bid procurement and contracting, quality and quantity documentation, water and sanitary sewer installation inspection and testing, punch list development, project closeout and government affairs. He also serves as the review and capital design engineer for Maine Township as well as the Oak Meadow Sanitary District. The construction department Is prequalified with I.D.O.T. EXPERIENCE Pullman National Monument And State Historic Site Chicago, IL This project involved the transformation of the Pullman factory grounds from an overgrown, unused parcel into a destination as Illinois' first National Monument. Improvements Included extensive archeologically monitored demolition and artifact collection, construc- tion of a new maintenance building for use by the IDNR and National Park Service, guest parking, faux rail car transfer pit, and a replica workers gate guard shack, which was built on a bridging slab over the orglnal foundation discovered during excavation. Mr Ward served as the Resident Engineer and Resident Project Representative on behalf ofthe IDNR and NPS. He was responsible for the overall management of the project and coordination between IDNR, NPS, NPF, CDOT, and DWM. CONSTRUCTION COST: $14.5 MILLON. Ravinia Business District Phase II Streetscape Highland park, IL This project was the first phase of a multi -phase streets - cape project to beautify Highland Park's Ravinia Festival Business District. The project included the installation of 129 light poles and associated infrastructure. The fixtures Included "smart" hubs which are controlled wirelessly through a controller with a direct connection to the City's private fiber network. IDOT Phase III inspection and documentation services were provided. Mr. Ward served as the Resident Engineer, utilizing one Inspector to cover the work effort. CONSTRUCTION COST: $1.55 MILLION Lee Street Streetscape Des Plaines, IL This project involved capital improvement streetscape beautification within the Des Plaines central business district. Mr. Ward acted as Resident Engineer on behalf of the City and was responsible for the daily oversight and documentation of the project. Improvements Included roadway and pedestrian light pole installation, concrete base paver installation, revised roadway geometry, roadway resurfacing storm sewer, sanitary sewer, and watermain improvements, as well as extensive landscape improvements. IDOT inspection and documentation services were provided to this client. Responsibilities Included daily monitoring and inspection of the work, with quantity documentation, construction inspection, daily and weekly reports, monthly pay estimate submittals, change order tracking, and punch list preparation.CONSTRUCTION COST $3 5 MILLION � �aaUUUUan / j // � f� ��w �VNIUUNUnIrmm!a SAMANTHA BARO/ P.E./ DECI �; �/� � 1 / r u DIVf��m!aamsnm�ivlllViliom�o�m�w�o��mi '.. PROJECT MANAGER SPACECO, Inc. EDUCATION REGISTRATIONS CAREER SUMMARY CERTIFICATIONS AFFILIATIONS ABOUT ME Asa Project Manger, Mrs. Baro assists in the preparation of project reports, design plans, grading and utility layout designs, construction cost estimates, stormwater management designs, and permit applications; and is responsible for maintaining project files and correspondence. In the field Mrs. Baro Is responsible for providing construction management, engineering field solutions, inspection, and NPDES reporting for public and private sector site developments. Her field duties Include plan review, field revisions to final engineering plans, quantity documentation, watermaln and sanitary sewer testing Inspection, punch list development, and final project closeout assistance, EXPERIENCE 2019 Des Plaines Contract "C" Des Plaines, IL 11'uli Ilpircjest iin°vaolvo l [lira^ luullll ua,;,a,anur Nru,W„fu+aur and ”, rorxl.s air 1ilCll'nir 0117e CIlly of IDes If:111aluna',s Ilblirv, II n iro ,roirwed as airr lin „Ilwiotc,icir in-ovlid!ling dally 1111 nO 11 1 11 nio11oeo.Illiuon anddc:cusiniein[s;nl:iion i(so iiceri. nrlouu>vooima in ll„ iiuncllu.ud d uuasw skjnnu seweu-s, uuua�n9/ua'�,Il lh o:u�oVfu �lln al ullut ll�pu:H sainital'y eweirs, and anew wnskwiiinaliu°nts aon x1111 uecon truUa"led sllireOs n11.anrrasil:rilliilua.,n iinrkuanic l al :aiillyr inioil ill lf+yiriii cp'jlQIlaksi lC^s„ walionin,sliu°n l:m:4ni�uy, quuainllulldpuuiru;:rlhr Iii,nfIpirollpairalCliruuu, 11csldoinll cooinreslI1urnndeiiuc and III osilliniallo"Ipirolllnwualuoins a,`Cn11"6"I 11RUt,ILI110111"1u.ad:N,111 „,"4 1' IIA11111 11 10111°1 Ontarioville District Streetscape Hanover Park, IL tlhnii., Ilnoa,lcclIC a,aaunsisitchl o V a'fu.u1111 ua o loll sulucitloill al ud boauullufficAlliunun of 011°111:airlovil111as lata; lin 11Naunrvnir I. I & 11 nuuo u,nNa llkwd as hru.IRy 116:'�,aunl II uny:liiirroo,u for 1111he cv:,irn.slruucliion o;l IIIIoe 1, radpa:a;f: I,virovualuung coimpielllrenrsuve Iphase 1111111 e Hina aNuuun+t tsa irkuk a.;. 11'110p010 aGar11:z01 Of w01`14, !IIIWIlaoala�NJ resuolwsay snrud aaar;lr,,lu!lain lli+lln1111.>dsll insita1111aICii:run coiricira:la.117a,ar,7 I irrwIs1: kt u`osaaaw Wv ala,':ou'uir.11u"y and suu11��i�eir ollov,nlliitiourl, uo Wdnws,y aa:, Aw I'll aciiun¢,,p, ski�uTuuu SOW01" sainul uy,sewer, and wkallrrruuu„iiin iinr11.runnveinieinu ,s, as rd o, 1111 as a xtouu ivo., Uwu"uaV c,:4p s iiunn1.airaovoinnen9:s. C11011',IS 11 Ri R- II 111 1111111 COS, 11 '.rG 5 M1111..11..1 King Street Franklin Park, IL 111 Is Ivuop xllf. uirrvavNvapra I1111hit ;a::on [in iclllo n ,,ulna uosini-toc:iiung all rc,adw3ys w'rlln :,xrnu aiw°riinrald,al Solus. liros oc't scc,iso, of world ii iu,llsualos+¢a now Morin sesnier ni�sI41111 aliion, k uuu ll '+,ua1r^,vvaIIII Arae liv+.w, y uTa:rrnrov all and ,u!:Islaceiineinll Ilaa,c a slalnulll,�alloin, I and ainci calvus aoslloraJon IIMu^ IIi,lRcirovu, Ilplovidt'd I, II 11:?nsio9e nlf. II iaapuun0as inrual sarauorlia: o,s fairtllra V111111,arpn loll :1::irnn1Id1ir 11'aullk II ,csIpon,„uluulllitloln III (NWille,° I quivanilluly doa wrnaaunla+ to iru '.Iluoirig (Ad a,li, al and puaino,Ilullial:Ilairelpaianfiiaoin I.01111S111;UVs;1lld' 111,1111COS11 $1 "'h Il, i lll...11..11 l"II^ 1 EDUCATION REGISTRATIONS CAREER SUMMARY AFFILIATIONS CERTIFICATIONS BRETT S. BENNETT, DECI CONSTRUCTION ENGINEER As a Construction Engineer, Mr. Bennett is responsible for providing Resident Engineer services to clients for complex projects that include multi -faceted day-to-day inspections for compliance to the approved plans, field documentation, construction management, daily reporting, photo documentation, problem solving, pay estimates, as -built record drawing review and approval, and generation of a final punchlist with follow-up compli- ance to facilitate project close-out. When roadway and underground projects halt for the season, Mr. Bennett performs various duties with the Survey department that Include topographic surveys, boundary locations, structure cuts, and field documentation. "4:1140141 �� Village of Franklin Park Capital Improvements Projects (CIP/TIF) Franklin, Park, IL Double digit road improvements constituting five (5) separate projects consisting of milling/pavement removal, the removal and replacement of concrete curb and gutter, PCC sidewalk, and PCC driveway aprons, new ADA curb ramp Improvements, storm sewer improvements, sanitary sewer point repairs, watermaln installation, lead service retrofitting (private), HMA paving, thermoplastic striping, landscaping and erosion control. Scope of Services: Provide full time Phase III construction services acting as the Engineer for the Village Engineer (City), which includes quantity measure- ments and documentation, field engineering, daily reports, and photo documentation. CONSTRUCTION COST: $10 MILLION Harnish Dr. Roadway Rehab IMS Algonquin, IL More than 2 miles of roadway reconstruction Including milling and base stabilization (cement), the removal and replacement of concrete curb and gutter, PCC sidewalk, and PCC driveway aprons, new ADA curb ramp improve- ments, storm sewer Improvements, HMA paving, thermoplastic striping, landscaping and erosion control. Scope of Services: Provide full time Phase III construc- tion services acting as the Resident Engineer for the client (VoA), which included quantity measurements and documentation, field engineering, daily reports, pay estimates and recommendations, and photo documen- tation. CONSTRUCTION COST: $1 JMILLION City of Des Plaines 2022 Street and Utility Improvements Contract Des Plaines, IL Nine (9) separate road Improvements consisting of milling/pavement removal, the removal and replace- ment of concrete curb and gutter, PCC sidewalk, and PCC driveway aprons, new ADA curb ramp Improve- ments, storm sewer improvements, sanitary sewer point repairs, HMA paving, thermoplastic striping, landscaping and erosion control. Scope of Services: Provide full time Phase II I construction services acting as the Engineer for the Village Engineer (Cit)), which Included quantity measurements and documentation, field engineering, daily reports, and photo documenta- tion. CONSTRUCTION COST: $4.1 MILLION SPACECO, Inc. EDUCATION REGISTRATIONS CAREER SUMMARY AFFILIATIONS 11111jµ°9 ouuuuuuu�uu� I ; JORDAN ��" Iumll� II LESKOVISEK, PLS SURVEY DEPARTMENT MANAGER ABOUT ME Responsible forsupervision ofjuniorstaff and field crews; analysis and preparation of Plats ofAnnexadon, Dedica- tion, Easement, Subdivision, Survey and Vacation; ALTA/NSPS Land Title Surveys; Topographic and Condominium Surveys; Wetland Exhibits; Boundary analysis and research; legal description preparation; Responsibilities also include coordination of surveying projects and communication from the proposal until final product delivery; consultation with clients, municipalities, attorneys and other disciplines regarding surveying related issues. Experienced with Trimble Business Center, AutoCAD, Civil3D, MlcroStation, Land Desktop Development and Eagle Point software. EXPERIENCE Southbank Chicago, IL A redevelopment of an environmentally challenged 11 -acre site containing 2,000 linear feet of river frontage. This complex master plan for 3,000 rental dwelling units and 272,000 sf. of newly created retail space will transform the south loop. The plan incorpo- rates stormwater management concepts, a half -mile Riverwalk connecting Harrison streetto Roosevelt Road, public park land, water features and other amenities, Recipient of Silver -Ribbon Award of Friends of the Chicago River 2020 Pullman Amazon Chicago, IL The 145,800 square -Foot built -to -suit distribution center for tenant Amazon, the warehouse, located at 10700 S Dory Avenue in the Pullman neighborhood, concluded the multi -phase development of the 62 -acre industrial site. SPACECO Inc. provided Engineering and Surveying services related to the design of multiple detention ponds (5 in total), utility design (storm sewer, sanitary sewer, and watermain) and grading work. Veridian Chicago, IL This projectwill involve the redevelopmentof225 acres of the existing Motorola Campus in Schaumburg, Illinois. The project will Involve integrating some of the onsite existing buildings into an overall master redevel- opment including a new Village owned access spine road with new commercial, retail, and residential developments. The project is currently urider construc- tion and managed by several phases. Section 3 - Related Desia►n Exaerience Project: Main Township Drainage Improvements Site Address: 1401 Redeker Road Des Plaines, IL 60016 Phone No.: 847.297.5225 Contact: Ed Beauvais, Highway Commissioner Email: highway@mainetown.com Year of Project: 2022 - Present Construction Cost: $70,000 - $220,000 Role: Ted Ward — Resident Engineer Scope: Design and construction oversight provided for drainage improvements at multiple locations. Scope of work included regrading ditch lines, replacing driveway culverts, remove and replacing driveway aprons, pavement patching, resurfacing, and site restoration. Project: City of Des Plaines — CIP Contract A, B, & C Address: 1420 Miner Street Project: Des Plaines, IL 60016 Phone No.: 847.391.6127 Contact: Becka Shipp, P.E.— Assistant Director of Public Works & Engineering Email: Ib.I.ii.pp@despllalines„M Year of Project: 2014 - Present Construction Cost: $4,000,000 (Average) Role: Ted Ward & Sam Baro — Resident Engineer Construction Cost: Brett Bennet — Inspector Scope: Projects involve either the full reconstruction or resurfacing of Scope: various roads within the city. Including underground wet utility improvements such as new watermain, drainage improvements, sanitary repairs, new curb/driveways/sidewalk/pavement. IDOT Phase III inspection and documentation services were provided. Project: Village of Hanover Park — Ontarioville Streetscape Address: 2041 Lake Street Hanover Park, IL 60133 Phone No.: 630.823.5701 Contact: T.J. Moore — Director of Public Works Email: :ir0ir..@.I fill„oir Year of Project: 2019-2020 Construction Cost: $3,500,000 Role: Ted Ward & Sam Baro — Resident Engineer Scope: Project involved the full reconstruction of roadway, beautification of ROW, new plaza and park. IDOT Phase III inspection and documentation services were provided. Section 4 - Understanding & Approach UNDERSTANDING OF THE ASSIGNMENT The Village of Mount Prospect is seeking a qualified civil engineering firm to provide resident engineering/inspection services for the proposed 2024 Drainage Improvements located within Prospect Meadows Subdivision, Glendale Lane, Elm Street/Lonnquist Boulevard, and Lancaster Avenue. Construction is set to commence May 13th, 2024 and project completion to be obtained no later than October 11t, 2024. Scope of work includes the following; regrading ditches, removing/replacing driveway culverts, removing/replacing storm sewer, removing/replacing impacted driveway aprons, installation of new RCP storm sewer with structures, pavement patching, and landscaping restoration. While ensuring the contractor is on track with the projected schedule for project completion it will be our responsibility to maintain contract documentation through daily reports, photos, and reviewing/approving pay applications submitted by the contractor. OBJECTIVES Our main objectives will be to complete the planned improvements according to Village's designed plans within the proposed construction schedule provided by the Village of Mount Prospect. We will provide knowledgeable staff who will communicate efficiently and effectively with the Contractor, the Village of Mount Prospect and its residents in order to address any problems that may arise in the field. APPROACH Coordination and communication between contractor, Village and residents is the most important aspect to completing the project in a timely and efficient manner. Our Resident Engineers and Inspectors have worked closely on multiple capital improvement projects in local municipalities. We will keep residents and municipal staff up to date with the most recent schedule as well as any delays or conflicts. We will assist in the production and distribution of letter notifications prior to the start of sewer lining. Daily field reports will be submitted to the Village with monthly progress reports to ensure contractor is staying on schedule for completion. Section 5 - Proiect Schedule Please see attached for our projected project schedule. FIX, 0 8 Ln 0 E E m m 0 m tf x r4 r4 N N 'N Mo r,4 m m 0 rq M r,4 -- 1.0 r'l rl rq r14 r14 -A r14 Ln Ln Ln Ln �o �o 0 0 0 (u (u (u :3 :3 r� C3) rl) m r�4 r4 'o -A -A "j, rf) 0 m C* ,H Ln Ln -A Ln r14 m �D r14 co rIj �t r- r- r, C) 0 Ln Ln Ln _0 C: C: 0 0 0 (U D D D 0 0 .0 0 >, m ru m m m ru ru ru ru _0 _0 -A (In -A Ln Ln Ln Ln m r14 0 -A -A C: 0) (U 0 E (U bm tw m C: 4 5� lu E C: (U > 0 0 M W > 'Z'5 (U > E V) > on 0 u C) bm co E 0 V) V 0. '5 - C: E bm :t all 76 > 0 0 Z 7a -u E 0 > M, 0 0 Q) o —u z C: m U o —0 u w 2 - - 0 0) E C: V) m rj 0 C: " E u > m :E a, u u z 2 0 0 CL U5 4 z V) CL V) 0 2 �D 00 a) �2 12 . . . . . . . . . . . . Section 6 — Cost P�oposa/ Please see attached for our cost proposal and general terms. 575 W. @,flgg lines Ru.md, Surte700, Ru:neirrio irri, IIRRuumitins 60(°Y18 Fhone� (847) 6964060 Fav (&,47) 696-4065 10 VIA EMAIL Mr. Jason Leib Deputy Director of Public Works Village of Mount Prospect 1700 West Central Road Mt. Prospect, IL 60056 April 22, 2024 Revised: April 30, 2024 RE: CONSTRUCTION ENGINEERING SERVICES PROPOSAL 2024 VILLAGE DRAINAGE IMPROVEMENTS MOUNT PROSPECT, ILLINOIS (SPACECO Project No. 13276) Dear Mr. Leib: In response to your request, SPACECO, Inc. is pleased to provide you with this proposal for engineering construction management services related to the observation and inspection of the proposed drainage improvements within the Village of Mount Prospect. The purpose of these services is to provide Phase III Construction Observation and Inspection for the proposed project. The following scope of work attached is meant to supplement our Statement of Qualifications. This proposal is based on the requested scope of work and project size provided by the Village: SCOPE OF SERVICES TASK 1 — REVIEW PLANS AND SPECIFICATIONS WITH ASSIGNED FIELD STAFF: 1. Verification of the Scope of Work. 2. Review shop drawings and other equipment/material submittals as may be required by the contract documents. TASK 2 — SCHEDULE AND ATTEND PRE -CONSTRUCTION MEETING: 1. Notify the Contractor and Village's Utility Representatives of the Time and Place of Meeting. 2. Notify Affected Village Departments / Divisions 3. Transcribe Minutes of the Meeting. TASK 3 — ASSIST IN THE NOTIFICATION TO RESIDENTS AFFECTED BY CONSTRUCTION: 1. Draft Letters to Individual Households with Proposed Schedule to be mailed by the Village or hand delivered by our staff. 2. Provide Contact Person for Information / Complaints — an Emergency 24 Hr. Phone will be required for each project engineer. 3. Provide the Village with pertinent information related to the project, i.e. schedule updates, milestone completion, traffic control and pedestrian access modifications, etc. TASK 4 — CONSTRUCTION OBSERVATION: 1. Provide a Full Time, licensed P.E. Resident Engineer for the major construction activities during the project. 2. Provide support Inspector(s) / Technician(s) as needed. 3. Coordinate Quality Assurance / Quality Control of Materials as required by the Village. 4. Verify initial installation of Construction Warning Signs & Devices in Accordance with the Plans. 5. Inspect, document, and inform the Contractor and the Village of the adequacy of the establishment and maintenance of any traffic control. Perform all necessary traffic control checks. SPACECO, Inc. will document deficiencies and Contractor response to notice of. SPACECO, Inc. will also inform the Village of deficiencies and if Contractor does not correct enforce as contract stipulates. 6. Maintain Daily Inspection Reports with field photos. 7. Provide weekly progress reports along with projected schedule for the following weeks construction work. 8. Assist the Village with the resolution of inquires, complaints, or concerns raised by residents or the public. 9. Construction Documentation a. Track Quantities Related to Each Pay Item. K b. Establish and Maintain Schedule for Progress Payments. C. Process monthly pay applications submitted by the contractor and forward to Owner with recommendations for approval and payment. d. Assure that all Documentation follows IDOT Standards. 10. Assist Village in preparation of any necessary change orders and/or field directives. TASK 5 — CONSTRUCTION CLOSE OUT: 1. Verify Final Measurements / Quantities with Contractor. 2. Prior to Final Inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made. 3. Develop a FINAL PUNCHLIST and verify satisfactory completion. 4. Provide a Final Project Accounting/Documentation. 5. Process Final Pay Request. 6. Complete Project Close -Out and Submit all Paperwork Required. TASK 6 — SURVEYING (IF REQUIRED): 1. Provie one-time layout staking. Layout items will be staked with grades to include culverts, storm structures, and center of ditch lines. 2. We assume the layout staking will be completed in two site visits at $2,500 per visit. 3. Provide as -built drawings of new culverts and storm structures. As -built will be a red line drawing of the design plan set showing as -constructed inverts/frame grades of new storm utilities. 4. Includes first submittal to the village. If subsequent field visits are needed after first submittal, we will bill an hourly rate for project closeout. SUPPLEMENTAL SERVICES Normal and customary engineering and surveying services do not include service in respect to the following categories of work which are usually referred to as Supplemental Services. If the Client shall so advise SPACECO, Inc., we shall perform or obtain from others such services. SPACECO, Inc. will be paid on an hourly basis or based on subsequent proposal/contract agreements, at the option of Client. Additional Supplemental Services for the project include, but are not limited to the following: • Services due to major changes in the general scope of the project. • Revising studies, reports, and design documents which the Client, the municipality, and/or other governmental agencies have previously approved. • Providing Engineering Design and Construction Services for: • Unusual or unanticipated improvements. • Additional off-site improvements requested by the Client or governmental agencies. • Improvements necessary to the project development beyond those being included under Basic Services herein. • Retaining walls over three feet in height. • Meetings with the Client, Contractor(s), the municipal staff, or others during the course of W design or construction not included under Basic Services. • Giving testimony as an expert witness for the Client in litigation or other court proceedings involving this project. FEES Amount Task 1- Review Plans Specifications with Assigned Staff Task 2- Schedule and Attend Pre -Construction Meeting Task 3- Assist in the Notification to Residents and Businesses Affected by Construction Task 4- Construction Observation Task 5- Construction Close Out Tasks 1 — 5 50.750 Budget* Task 6 - Surveying $10,750 Budget* * See attached Pre/iminaryEstimated Workload Breakdown. Workload breakdown is based on our Estimate of Time and Cost based on projects ofsimllar size and scope. Actua/schedu/e should be verified after contractorschedule has been provided. * Fees are inclusive of all overhead and expenses, including but not limited to employee vehicles and mileage and printing required for project documentation. El Estimated Hourlv Item Task Hours Rate Budeet Task 1 Assign Staff, Review Plans, Specs 10 $ 145.00 $ 1,450.00 Task 2 Schedule & Attend Pre -Con Meeting 10 $ 145.00 $ 1,450.00 Task 3 Assist in Notifications to Businesses/Residents 10 $ 145.00 $ 1,450.00 Task 4 Construction Observation - RE 280 $ 145.00 $ 40,600.00 Task 5 Construction Closeout 40 $ 145.00 $ 5,800.00 Task 6 Field Staking/Record Drawings—Two Man Crew 29 $ 250.00 $ 7,250.00 Field Preparation and Drafting — Office Staff 28 $ 125.00 $ 3,500.00 TOTAL ESTIMATED BUDGET: $ 61,500.00 ' Our services will be on a time and materials basis. Our services will be invoiced monthly and payments are due within thirty days after invoicing. Work identified as payable on an hourly basis will be billed to you at the rates specified above. We will establish our contract in accordance with the enclosed General Terms and Conditions, which are expressly incorporated into and are an integral part of this contract for professional services. If you wish to discuss the terms, conditions and provisions of this agreement, I would be pleased to do so at your earliest convenience. We reserve the right to increase our fees by 5% on each annual anniversary of this Agreement. All reproductions and delivery services will be billed to the Client on a cost plus 10% basis. If this proposal meets with your approval, please sign both copies and return one to us for our files. Sincerely, SPACECO, Inc. Ted Ward, P.E. Construction Department Manager c: M. Mondus, D. Stevens, R. Stawik - SPACECO, Inc. ACCEPTED FOR: BY: TITLE: DATE: N:\Projects 13000-13999\13276\DOCS\SOQ & Cost Proposal\PRP.13276.SAB.20240422 -COST PROPOSAL.doc 61 _ 9575 W. Higgins Road, Suite 700 Rosemont, Illinois 60018 Phone: (847) 696.4060 spacecoinc.com SPACECO, INC. GENERAL TERMS AND CONDITIONS Relationship Between Engineer and Client: SPACECO, Inc. (Engineer) shall serve as Client's professional engineer consultant in those phases of the Project to which this Agreement applies. This relationship is that of a buyer and seller of professional services and as such the Engineer is an independent contractor in the performance of this Agreement and it is understood that the parties have not entered into anyjoint venture or partnership with the other. The Engineer shall not be considered to be the agent of the Client. Nothing contained in this Agreement shall create a contractual relationship with a cause of action in favor of a third party against either the Client or Engineer. Furthermore, causes of action between the parties to this Agreement pertaining to acts or failure to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion. 2. Responsibility of the Engineer: Engineer will strive to perform services under this Agreement in accordance with generally accepted and currently recognized engineering practices and principles, and in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document, or otherwise. Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference, or in any Agreement between the Client and any other party concerning the Project, the Engineer shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or programs of the Client, the construction contractor, other contractors or subcontractors performing any of the work or providing any of the services on the Project. Nor shall the Engineer be responsible for the acts or omissions of the Client, or for the failure of the Client, any architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the Project documents, this Agreement or any other agreement concerning the Project. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this condition is expressly amended forthe purposes described in such amendment and is signed by the Engineer. a Changes: Client reserves the right by written change order or amendment to make changes in requirements, amount of work, or engineering time schedule adjustments, and Engineer and Client shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes, if commercially possible. 4. Suspension of Services: Client may, at any time, by written order to Engineer (Suspension of Services Order) require Engineer to stop all, or any part, of the services required by this Agreement. Upon receipt of such an order, Engineer shall immediately comply with its terms and take all reasonable steps to minimize the costs associated with the services affected by such order. Client, however, shall pay all costs incurred by the suspension, including all costs necessary to maintain continuity and for the resumptions of the services upon expiration of the Suspension of Services Order. Engineer will not be obligated to provide the same personnel employed prior to suspension, when the services are resumed, in the event that the period of suspension is greater than thirty (30) days. 5. Termination: This Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. This Agreement may be terminated by Client, under the same terms, whenever Client shall determine that termination is in its best interests. Cost of termination, including salaries, overhead and fee, incurred by Engineer either before or after the termination date shall be reimbursed by Client. 6. Documents Delivered to Client: Drawings, specifications, reports, and any other Project Documents prepared by Engineer in connection with any or all of the services furnished hereunder shall be delivered to the Client for the use of the Client. Engineer shall have the right to retain originals of all Project Documents and drawings for its files. Furthermore, it is understood and agreed that the Project Documents such as, but not limited to reports, calculations, drawings, and specifications prepared for the Project, whether in hard copy or machine readable form, are instruments of professional service intended for one-time use in the construction of this Project. These Project Documents are and shall remain the property of the Engineer. The Client may retain copies, including copies stored on magnetic tape or disk, for information and reference in connection with the occupancy and use of the Project. It is also understood and agreed that because of the possibility that information and data delivered in machine readable form may be altered, whether inadvertently or otherwise, the Engineer reserves the right to retain the original tapes/disks and to remove from copies provided to the Client all identification reflecting the involvement of the Engineer in their preparation. The Engineer also reserves the right to retain hard copy originals of all Project Documentation delivered to the Client in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two. The Client understands that the automated conversion of information and data from the system and format used bythe Engineer to an alternate system orformat cannot be accomplished without the introduction of inexactitudes, anomalies, and errors. In the event Project Documentation provided to the Client in machine readable form is so converted, the Client agrees to assume all risks associated therewith and, to the fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising therefrom or in connection therewith. The Client recognizes that changes or modifications to the Engineer's instruments of professional service introduced by anyone other than the Engineer may result in adverse consequences which the Engineer can neither predict norcontrol. Therefore, and in consideration of the Engineer's agreement to deliver its instruments of professional service in machine readable form, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of or in anyway connected with the modification, misinterpretation, misuse, or reuse by others of the machine readable information and data provided by the Engineer under this Agreement. The foregoing indemnification applies, without limitation, to any use of the Project Documentation on other projects, for additions to this Project, or for completion of this Project by others, excepting only such use as may be authorized, in writing, by the Engineer. Reuse of Documents: All Project Documents including but not limited to reports, opinions of probable costs, drawings and specifications furnished by Engineer pursuant to this Agreement are intended for use on the Project only. They cannot be used by Client or others on extensions of the Project or any other project. Any reuse, without specific written verification or adaptation by Engineer, shall be at Client's sole risk, and Client shall indemnify and hold harmless Engineer from all claims, damages, losses, and expenses including attorney's fees arising out of or resulting therefrom. The Engineer shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Engineer's promotional and professional materials. The Engineer's materials shall not include the Client's confidential and proprietary information if the Client has previously advised the Engineer in writing of the specific information considered by the Client to be confidential and proprietary. 8. Standard of Practice: The Engineer will strive to conduct services under this agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions as of the date of this Agreement. 9. Compliance With Laws: The Engineer will strive to exercise usual and customary professional care in his/her efforts to comply with those laws, codes, ordinance and regulations which are in effect as of the date of this Agreement. With specific respect to prescribed requirements of the Americans with Disabilities Act of 1990 or certified state or local accessibility regulations (ADA), Client understands ADA is a civil rights legislation and that interpretation of ADA is a legal issue and not a design issue and, accordingly, retention of legal counsel (by Client) for purposes of interpretation is advisable. As such and with respect to ADA, Client agrees to waive any action against Engineer, and to indemnify and defend Engineer against any claim arising from Engineer's alleged failure to meet ADA requirements prescribed. Further to the law and code compliance, the Client understands that the Engineer will strive to provide designs in accordance with the prevailing Standards of Practice as previously set forth, but that the Engineer does not warrant that any reviewing agency having jurisdiction will not for its own purposes comment, request changes and/or additions to such designs. In the event such design requests are made by a reviewing agency, but which do not exist in the form of a written regulation, ordinance or other similar document as published by the reviewing agency, then such design changes (at substantial variance from the intended design developed by the Engineer), if effected and incorporated into the project documents by the Engineer, shall be considered as Supplementary Task(s) to the Engineer's Scope of Service and compensated for accordingly. 10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of this contract fee (for services) from loss or expense, including reasonable attorney's fees for claims for personal injury (including death) or property damage arising out of the sole negligent act, error or omission of Engineer. Client shall indemnify and hold harmless Engineer under this Agreement, from loss or expense, including reasonable attorney's fees, for claims for personal injuries (including death) or property damage arising out of the sole negligent act, error omission of Client. N:\ADMIN-DO NOT ARCHIVE\Proposals\GENERAL TERMS.2024-Rosemont Office.docx In the event of joint or concurrent negligence of Engineer and Client, each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties) which caused the personal injury or property damage. Engineer shall not be liable for special, incidental or consequential damages, including, but not limited to loss of profits, revenue, use of capital, claims of customers, cost of purchased or replacement power, or for any other loss of any nature, whether based on contract, tort, negligence, strict liability or otherwise, by reasons of the services rendered under this Agreement. 11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor, materials or equipment, or over the Contractor(s) method of determining process, or over competitive bidding or market conditions, his/her opinions of probable Project Construction Cost provided for herein are to be made on the basis of his/her experience and qualifications and represent his/her judgment as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposal, bids or the Construction Cost will not vary from opinions of probable construction cost prepared by him/her. If prior to the Bidding or Negotiating Phase, Client wishes greater accuracy as to the Construction Cost, the Client shall employ an independent cost estimator Consultant for the purpose of obtaining a second construction cost opinion independent from Engineer. 12. Governing Law: This Agreement shall be governed by and construed in accordance with Articles previously set forth by (Item 9 of) this Agreement, together with the laws of the State of Illinois. Claims, disputes or other matters in questions between the parties to this Agreement arising out of or relating to this Agreement or breach thereof, shall be subject to and decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association currently in effect, but only in the case where a mutual resolution cannot be reached. 13. Successors and Assigns: The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns: provided, however, that neither party shall assign this Agreement in whole or in part without the prior written approval of the other. 14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this Agreement and shall not be construed to be a waiver of any provision, except for the particular instance. 15. Entire Understanding of Agreement: This Agreement represents and incorporates the entire understanding of the parties hereto, and each party acknowledges that there are no warranties, representations, covenants or understandings of any kind, matter or description whatsoever, made by either party to the other except as expressly set forth herein. Client and the Engineer hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement shall be null, void and without effect to the extent they conflict with the terms of this Agreement. 16. Amendment: This Agreement shall not be subject to amendment unless another instrument is duly executed by duly authorized representatives of each of the parties and entitled "Amendment of Agreement". 17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to contravene orto be invalid under the laws of any particular state, county or jurisdiction where used, such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provisions held to be invalid in the particular state, country orjurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. 18. Force Majeure: Neither Client nor Engineer shall be liable for any fault or delay caused by any contingency beyond their control including but not limited to acts of God, wars, strikes, walkouts, fires, natural calamities, or demands or requirements of governmental agencies. 19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor must be approved by Client in writing. 20. Access and Permits: Client shall arrange for Engineer to enter upon public and private property and obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the Project. Client shall pay costs (including Engineer's employee salaries, overhead and fee) incident to any effort by Engineer toward assisting Client in such access, permits or approvals, if Engineer perform such services. 21. Designation of Authorized Representative: Each party (to this Agreement) shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the Project. The persons designated shall review and respond promptly to all communications received from the other party. N:\ADMIN-DO NOT ARCHIVE\Proposals\GENERAL TERMS.2024-Rosemont Office.docx Notices: Any notice or designation required to be given to either party hereto shall be in writing, and unless receipt of such notice is expressly required by the terms hereof shall be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party to whom such notice is directed at such party's place of business or such other address as either party shall hereafter furnish to the other party by written notice as herein provided. 22. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and benefits of the project and the Engineer's total fee for services. In recognition of the relative risks and benefits of the Project to both the Client and the Engineer, the risks have been allocated such that the Client agrees that to the fullest extent permitted by law, the Engineer's total aggregate liability to the Client for any and all injuries, claims, costs, losses, expenses, damages of any nature whatsoever or claim expenses arising out of this Agreement from any cause or causes, including attorney's fees and costs, and expert witness fees and costs, shall not exceed the total Engineer's fee for professional engineering services rendered on this project as made part of this Agreement. Such causes included but are not limited to the Engineer's negligence, errors, omissions, strict liability or breach of contract. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 23. Client's Responsibilities: The Client agrees to provide full information regarding requirements forand about the Project, including a program which shall set forth the Client's objectives, schedule, constraints, criteria, special equipment, systems and site requirements. The Client agrees to furnish and pay for all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services which the Client may require to verify the Contractor's Application for Payment or to ascertain how or for what purpose the Contractor has used the money paid by or on behalf of the Client. The Client agrees to require the Contractor, to the fullest extent permitted by law, to indemnify, hold harmless, and defend the Engineer, its consultants, and the employees and agents of any of them from and against any and all claims, suits, demands, liabilities, losses, damages, and costs ("Losses"), including but not limited to costs of defense, arising in whole or in part out of the negligence of the Contractor, its subcontractors, the officers, employees, agents, and subcontractors of any of them, or anyone for whose acts any of them may be liable, regardless of whether or not such Losses are caused in part by a party indemnified hereunder. Specifically excluded from the foregoing are Losses arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications, and the giving of or failure to give directions by the Engineer, its consultants, and the agents and employees of any of them, provided such giving orfailure to give is the primary cause of Loss. The Client further agrees to require the Contractor to name the Engineer, its agents and consultants on the Contractor's policy or policies of comprehensive or commercial general liability insurance. Such insurance shall include products and completed operations and contractual liability coverages, shall be primary and noncontributing with any insurance maintained by the Engineer or its agents and consultants, and shall provide that the Engineer be given thirty days, unqualified written notice prior to any cancellation thereof. In the event the foregoing requirements, or any of them, are not established by the Client and met by the Contractor, the Client agrees to indemnify and hold harmless the Engineer, its employees, agents, and consultants from and against any and all Losses which would have been indemnified and insured against by the Contractor, but were not. When Contract Documents prepared under the Scope of Services of this contract require insurance(s) to be provided, obtained and/or otherwise maintained by the Contractor, the Client agrees to be wholly responsible for setting forth any and all such insurance requirements. Furthermore, any document provided for Client review by the Engineer under this Contract related to such insurance(s) shall be considered as sample insurance requirements and not the recommendation of the Engineer. Client agrees to have their own risk management department review any and all insurance requirements for adequacy and to determine specific types of insurance(s) required for the project. Client further agrees that decisions concerning types and amounts of insurance are specific to the project and shall be the product of the Client. As such, any and all insurance requirements made part of Contract Documents prepared by the Engineer are not to be considered the Engineer's recommendation, and the Client shall make the final decision regarding insurance requirements. 24. Information Provided by Others: The Engineer shall indicate to the Client the information needed for rendering of the services of this Agreement. The Client shall provide to the Engineer such information as is available to the Client and the Client's consultants and contractors, and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the Engineer to assure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify, or because of errors or omissions which may have occurred in assembling the information the Client is providing. Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the Engineer and the Engineer's subconsultants harmless from any claim, liability or cost (including reasonable attorneys' fees and cost of defense) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the Client to the Engineer. N:\ADMIN-DO NOT ARCHIVE\Proposals\GENERAL TERMS.2024-Rosemont Office.docx 25. Payment: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. The Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law, whichever is the lesser) until paid. Client further agrees to pay Engineer's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as well as costs attributed to suspension of services accordingly and as follows: Collection Costs. In the event legal action is necessary to enforce the payment provisions of this Agreement, the Engineer shall be entitled to collect from the Client any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by the Engineer in connection therewith and, in addition, the reasonable value of the Engineer's time and expenses spent in connection with such collection action, computed at the Engineer's prevailing fee schedule and expense policies. Suspension of Services. If the Client fails to make payments when due or otherwise is in breach of this Agreement, the Engineer may suspend performance of services upon five (5) calendar days' notice to the Client. The Engineer shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Client will reimburse Engineer for all associated costs as previously set forth in (Item 4 of) this Agreement. 26. When construction observation tasks are part of the service to be performed by the Engineer under this Agreement, the Client will include the following clause in the construction contract documents and Client agrees not to modify or delete it: Kotecki Waiver. Contractor (and any subcontractor into whose subcontract this clause is incorporated) agrees to assume the entire liability for all personal injury claims suffered by its own employees, including without limitation claims under the Illinois Structural Work Act, asserted by persons allegedly injured on the Project; waives any limitation of liability defense based upon the Worker's Compensation Act, court interpretations of said Act or otherwise; and agrees to indemnify and defend Owner and Engineer and their agents, employees and consultants (the "Indemnitees") from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, that the Indemnitees may sustain as a result of such claims, except to the extent that Illinois law prohibits indemnity for the Indemnitees' own negligence. The Owner and Engineer are designated and recognized as explicit third -party beneficiaries of the Kotecki Waiver within the general contract and all subcontractors entered into in furtherance of the general contract. 27. Jobsite Safety/Supervision & Construction Observation: The Engineer shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the Work since they are solely the Contractor's rights and responsibilities. The Client agrees that the Contractor shall supervise and direct the work efficiently with his/her best skill and attention; and that the Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction and safety at the job site. The Client agrees and warrants that this intent shall be carried out in the Client's contract with the Contractor. The Client further agrees that the Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work; and that the Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the subject site and all other persons who may be affected thereby. The Engineer shall have no authority to stop the work of the Contractor orthe work of any subcontractor on the project. When construction observation services are included in the Scope of Services, the Engineer shall visit the site at intervals appropriate to the stage of the Contractor's operation, or as otherwise agreed to by the Client and the Engineer to: 1) become generally familiar with and to keep the Client informed about the progress and quality of the Work; 2) to strive to bring to the Client's attention defects and deficiencies in the Work and; 3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. If the Client desires more extensive project observation, the Client shall request that such services be provided by the Engineer as Additional and Supplemental Construction Observation Services in accordance with the terms of this Agreement. The Engineer shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or employees of any of them. The Engineer does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. N:\ADMIN-DO NOT ARCHIVE\Proposals\GENERAL TERMS.2024-Rosemont Office.docx When municipal review services are included in the Scope of Services, the Engineer (acting on behalf of the municipality), when acting in good faith in the discharge of its duties, shall not thereby render itself liable personally and is, to the maximum extent permitted by law, relieved from all liability for any damage that may accrue to persons or property by reason of any act or omission in the discharge of its duties. Any suit brought against the Engineer which involve the acts or omissions performed by it in the enforcement of any provisions of the Client's rules, regulation and/or ordinance shall be defended by the Client until final termination of the proceedings. The Engineer shall be entitled to all defenses and municipal immunities that are, or would be, available to the Client. 28. Insurance and Indemnification: The Engineer and the Client understand and agree that the Client will contractually require the Contractor to defend and indemnify the Engineer and/or any subconsultants from any claims arising from the Work. The Engineer and the Client further understand and agree that the Client will contractually require the Contractor to procure commercial general liability insurance naming the Engineer as an additional named insured with respect to the work. The Contractor shall provide to the Client certificates of insurance evidencing that the contractually required insurance coverage has been procured. However, the Contractor's failure to provide the Client with the requisite certificates of insurance shall not constitute a waiver of this provision by the Engineer. The Client and Engineer waive all rights against each other and against the Contractor and consultants, agents and employees of each of them for damages to the extent covered by property insurance during construction. The Client and Engineer each shall require similar waivers from the Contractor, consultants, agents and persons or entities awarded separate contracts administered under the Client's own forces. 29. Hazardous Materials: Unless otherwise provided by this Agreement, the Engineer and Engineer's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. N:\ADMIN-DO NOT ARCHIVE\Proposals\GENERAL TERMS.2024-Rosemont Office.docx