Loading...
HomeMy WebLinkAbout9.1 Motion to approve a Professional Services Agreement with HR Green, Inc. for as-needed third-party building plan review and inspection services and authorize the Village Manager to execute the agreement.MORA Item Cover Page Subject Motion to approve a Professional Services Agreement with HR Green,, Inc. for as -needed third -party building plan review and inspection services and authorize the Village Manager to execute the agreement. Meeting July 7, 2026 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (Y/N) Y Dollar Amount Time and materials, as needed. Initial CloudHQ data center plan review services are capped at $22,500. Other services will be authorized as needed. Consultant costs associated with private development projects are expected to be reimbursed by the applicant through escrow. Budget Source General Fund / Developer Reimbursement Escrow Category VILLAGE MANAGER'S REPORT Type Action Item Information Staff evaluated options for supporting Building and Inspection Services with specialized professional resources to provide as -needed building plan review and inspection services, primarily driven by CloudHQ's Mount Prospect Technology Campus and the departure of the Director of Building and Inspection Services. Village staff will continue to perform the vast majority of permit reviews and inspections in-house. However, certain projects require technical expertise and staffing capacity beyond what is practical to maintain internally while continuing to provide timely service to residents and businesses. CloudHQ's Mount Prospect Technology Campus first building permit submittal contains approximately 3,700 sheets of construction drawings and more than 1,500 pages of structural calculations covering numerous highly specialized building systems. Reviewing projects of this complexity requires multiple ICC-certified and licensed professionals with expertise in structural, mechanical., electrical, plumbing, fire protection, life safety, energy systems, and related disciplines. Utilizing an on -call consultant will allow Village staff to maintain timely, high -quality customer service for routine residential and commercial permits while providing specialized technical expertise for projects of this magnitude. Consultant Evaluation Staff evaluated proposals from HR Green,, SAFEbuilt, and TPI Building Code Consultants including a review of qualifications, pricing, and references. Staff also considered both the Village's and staff's experience working with these firms in other communities. Each firm has extensive municipal experience, and the Village has previously worked with TPI. Staff contacted peer communities currently utilizing HR Green as part of the evaluation process, including Deerfield, Wood Dale, and Grayslake. Each community provided exceptionally positive references regarding HR Green's responsiveness, technical expertise,, communication, and customer service. Staff also learned that both Wood Dale and Grayslake have successfully utilized HR Green to provide plan review and inspection services for large data center developments, making their experience particularly relevant to Mount Prospect's anticipated needs. Following review of the proposals, qualifications, pricing, and reference checks., Building and Inspection Services staff unanimously recommended HR Green as the Village's preferred consultant. Dincti-cminn Under the proposed agreement, HR Green will provide building plan review and inspection services only when requested by the Village and billed on a time -and -materials basis. Consultant staff will work under Village direction, utilize the Village's permitting software, apply the Village's adopted codes and ordinances, and provide customer service as an extension of the Building and Inspection Services Department. The agreement establishes expected turnaround times for routine reviews while recognizing that unusually large or complex projects may require additional review time. Services include commercial and residential plan reviews, inspections, and specialty code reviews performed by ICC-certified and licensed professionals. The initial CloudHQ data center review phase includes a not -to -exceed amount of $22,500. Future plan review and inspection assignments will be authorized only as needed and may include project -specific not -to -exceed limits established before work begins. HR Green bills only for actual time expended. Although the agreement is between the Village and HR Green, staff intends to require CloudHQ and future applicants utilizing third -party plan review services to execute Reimbursement of Fees Agreements (ROFAs) and establish escrow accounts sufficient to reimburse the Village for consultant expenses. This approach allows the Village to obtain specialized technical expertise while minimizing financial impacts to taxpayers. Alternatives 1. Approve the Professional Services Agreement with HR Green and authorize the Village Manager to execute the agreement. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends the Village Board approve the Professional Services Agreement with HR Green and authorize the Village Manager to execute the agreement. The agreement provides the Village with immediate access to specialized technical expertise necessary to support CloudHQ and other unusually complex development projects while maintaining timely permit review and inspection services for residents and businesses. The anticipated reimbursement and escrow process will ensure consultant costs associated with private development are recovered from the applicants generating the workload. Attachments 1. HR Green Contract Proposal [--­1RGt-e&r)fi., PROFESSIONAL SERVICES AGREEMENT For On -Call Building Plan Reviews and Inspections for Mount Prospect, Illinois DEVELOPER REIMBURSED Village of Mount Prospect c/o Jason Shallcross, Community Development Director 50 South Emerson Street Mount Prospect, IL 60015 847-818-5307 HR Green, Inc. 1391 Corporate Drive Suite 203 McHenry, IL 60050-7040 815-759-8356 HR Green Project No.: 2603003 June 28, 2026 Version 2.3 02052021 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.3 02052021 rie e r­"i Professional Services Agreement Village of Mount Prospect Building Plan Review and Inspections HR Green Job Number: 2603003 June 28, 2026 Page 1 of 10 THIS AGREEMENT is between Village of Mount Prospect, IL (hereafter "CLIENT") and HR Green, Inc. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding Upon contract approval and n oti ce-to- proceed, COMPANY will provide CLIENT with COMPANY staff to perform Building Plan Review and Inspection Services. COMPANY staff will perform Building Plan Review Services remote from COMPANY office(s) and will report directly to the CLIENT as needed and determined by CLIENT. Basic Services: Building Plan Reviews and Building Inspections (Residential and Commercial) with COMPANY staff as needed. COMPANY staff will be ICC Certified, IDPH Certified, and State Licensed Professionals. The CLIENT will continue utilizing their in-house Permit Coordinator(s) / Administrative staff. Building Plan submittals are to be sent to COMPANY electronically as PIDFs via email as required and determined by CLIENT. COMPANY will return a final complete set of plans to the client stamped it approved )) or "approved as noted )) or plans may be stamped by the CLIENT as requested and determined by the CLIENT. COMPANY will provide plan review letters to CLIENT via email in Word and as PIDFs for their review and use. COMPANY will use reasonable efforts to complete plan reviews in accordance with its standard turnaround times attached hereto as Exhibit A. Turnaround times may be adjusted for unusually large or complex projects, incomplete submittals, or by mutual agreement with CLIENT. COMPANY staff will take direction from the CLIENT Fire Chief, Building Official or Village Staff and will adhere to the CLIENT'S scheduling, reporting, software usage, equipment standards, personnel assignments, training, and policy compliance. COMPANY staff will be International Code Council (ICC) certified and/or State Licensed Professionals and will be experienced and knowledgeable in their specific field of service. COMPANY staff will work in compliance with the CLIENT policies and adopted building codes, ordinances, and amendments. COMPANY will work and coordinate plan reviews and inspections with the CLIENT's software system, as needed. COMPANY will attend training on Village policies including, but not limited to software, procedures, and Village Codes, Ordinances and Amendments as needed or requested. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: Version2-3 02052021 rie e r­"i Professional Services Agreement Village of Mount Prospect Building Plan Review and Inspections HR Green Job Number: 2603003 June 28, 2026 Page 2 of 10 CLIENT agrees to employ COMPANY to perform Building Plan Reviews and Inspections for building projects within the CLIENT's jurisdiction as directed by CLIENT for building projects including but not limited to, Residential, Remodeling, Additions, Multi -family, Commercial, Industrial and Mixed Use. A. COMPANY will utilize a multi -disciplined team member(s) assigned to CLIENT as required to perform complete technical Building Plan Reviews and Building Inspections, as requested by CLIENT, to include: • Building • Structural • Mechanical • Electrical • Plumbing • Energy Accessibility/ADA • Fire Alarm • Fire Sprinkler • Life Safety B. COMPANY staff will verify that construction documents (plans and specifications) and building inspections comply with adopted Building Codes, Local Municipal Codes and Ordinances and Amendments, and will review third party reports such as, but not limited to, Health Department Requirements, Soils and Geological Reports, Civil Engineering Grading Drawings and Surveys, Roof and Floor Engineered Truss Design Plans and Structural Design Plans. C. As directed by CLIENT, COMPANY staff will track plan review comments and inspections to verify that the applicants have addressed plan review and inspection comments to achieve Code and Ordinance compliance. D. COMPANY will provide a consistent roster of International Code Council (ICC) Certified Inspectors and State Licensed Professionals to perform plan reviews and building inspections as required by CLIENT. COMPANY plan reviewers and building inspectors will conduct plan reviews and inspections of all building disciplines to verify that plans and construction complies with approved plans, specifications, and all applicable codes and ordinances and amendments. As directed by CLIENT, COMPANY staff will provide on -site and off -site (via telephone and email) consultation to assist residents, business owners, developers, contractors, and design professionals as required. E. COMPANY staff will provide plan reviews and inspection services during the CLIENT's normal business hours or as directed by CLIENT and will include: • Excellent customer service to the public as an extension of CLIENT staff • On -site and off -site problem solving and working closely with property owners through occupancy as directed by CLIENT. • Proficiently communicate with permit applicants to provide clear and concise direction as determined by CLIENT. Version2-3 02052021 Professional Services Agreement Village of Mount Prospect Building Plan Review and Inspections HR Green Job Number: 2603003 rie e r-"i June 28, 2026 Page 3 of 10 • Participate in reviews with fire, health, and other government agencies as required and directed by CLIENT. • Incorporate, track and update plan reviews and inspection reports utilizing the CLIENT's computer software system. 3.0 Deliverables and Schedules Included in this Agreement COMPANY shall begin performing the services on or about August 1, 2026, after notice to proceed from CLIENT. The actual start date can be reviewed and amended to meet the needs of the CLIENT. The contract shall remain in effect until terminated by either party. Annual review will be completed on/around August 1 of each year to confirm terms, conditions and contract rates. Typical plan review turnaround times are identified in Exhibit A, attached hereto and incorporated into this Agreement by reference. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT, but can be added at any time per task order or escrow account setup: • Civil Engineering — HR Green Staff • Landscape Architect / Arborist — HR Green Staff • Surveying — HR Green Staff • External Agency Reports Analysis — HR Green Staff • Environmental — HR Green Staff • Building Code Updates — HR Green Staff • Building Permit Fees Analysis — HR Green Staff • Building Permit Processing Analysis - HR Green Staff Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others • Civil Engineering • Surveying • Material Testing • Elevator Testing 6.0 Client Responsibilities CLIENT is to provide COMPANY 48-hour notice for requested inspections with inspection schedule sent via email no later than 3p.m. CT for inspections required within 48 hours. Version2-3 02052021 rie e r­"i Professional Services Agreement Village of Mount Prospect Building Plan Review and Inspections HR Green Job Number: 2603003 June 28, 2026 Page 4 of 10 BILL RATE FEE SCHEDULE — 2026 (As Applicable Phase 10 — Data Center Plan Review (Developer Escrow Reimbursed) — Time and Material (T&M), not -to -exceed $22,500. Phase 20 — On -call Remote Plan Reviews — Time and Material (T&M), individual projects may include a mutually agreed not -to -exceed amount established prior to commencing work. Phase 30 — On -call Building Inspections — Time and Material (T&M), billed upon completion by COMPANY at request of CLIENT. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the AGREEMENT is signed on Time and Material basis. COMPANY standard hourly rates noted above are current for 2026. Non -salary expenses directly attributable to the project such as: (i) living and traveling expenses of employees when away from the home office on business connected with the project; (ii) identifiable communication expenses; (iii) identifiable reproduction costs applicable to the work; and (iv) outside services will be charged in accordance with the rates current at the time the service is completed and will be billed as Direct Cost. Invoices for COMPANY's services shall be submitted, monthly. Invoices shall be due and payable upon receipt. The CLIENT agrees to pay in a timely manner following the terms of the "Illinois Local Government Prompt Payment Act, 50 ILCS 505". If any invoice is not paid within these timelines, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. Version2-3 02052021 rie e r-"i 7.2 Extra Services Professional Services Agreement Village of Mount Prospect Building Plan Review and Inspections HR Green Job Number: 2603003 June 28, 2026 Page 5 of 10 Any service required but not included as part of this AGREEMENT shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.3 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.4 Payment The CLIENT agrees to pay COMPANY according to the Basic Services as selected by the CLIENT. 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This AGREEMENT and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this AGREEMENT shall be in writing and signed by the parties to this AGREEMENT. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra services pursuant to this AGREEMENT, CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed AGREEMENT. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this AGREEMENT, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this AGREEMENT upon giving not less than five (5) calendar days'written notice to the CLIENT. If the CLIENT is in breach of this AGREEMENT, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this AGREEMENT by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. Version2-3 02052021 rie e r­"i 8.5 Books and Accounts Professional Services Agreement Village of Mount Prospect Building Plan Review and Inspections HR Green Job Number: 2603003 June 28, 2026 Page 6 of 10 COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance caused by the negligent performance by COMPANY's employees of the functions and services required under this AGREEMENT. 8.7 Termination or Abandonment Either party has the option to terminate this AGREEMENT. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this AGREEMENT may be terminated upon seven (7) days'written notice. If any portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this AGREEMENT is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this AGREEMENT shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this AGREEMENT shall be made without written consent of the parties to this AGREEMENT. 8.11 Third -Party Beneficiaries Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this AGREEMENT are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this AGREEMENT or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this AGREEMENT and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Illinois without regard to any conflict of law provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this AGREEMENT, or the performance of the services shall be brought in a court of competent jurisdiction in the State of Illinois. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising Version2-3 02052021 rie e r­"i Professional Services Agreement Village of Mount Prospect Building Plan Review and Inspections HR Green Job Number: 2603003 June 28, 2026 Page 7 of 10 out of or relating to this AGREEMENT shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8.14 Attorney's Fees In any litigation arising out of or relating to this AGREEMENT, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys' fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications or other instruments of service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. Version2-3 02052021 rie e r­"i 8.19 Design Information in Electronic Form Professional Services Agreement Village of Mount Prospect Building Plan Review and Inspections HR Green Job Number: 2603003 June 28, 2026 Page 8 of 10 Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorneys'fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30-day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys'fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this AGREEMENT unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; disease epidemic or pandemic; failure of any government agency to act in a timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub - consultants at a construction site, shall relieve the general contractor and any other entity of their obligations, Version2-3 02052021 rie e r­"i Professional Services Agreement Village of Mount Prospect Building Plan Review and Inspections HR Green Job Number: 2603003 June 28, 2026 Page 9 of 10 duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the general contractor is solely responsible for job site safety and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the general contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the general contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional services. The compensation to be paid COMPANY for said professional services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential 7 including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S Scope of Services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this AGREEMENT shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub - consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANYS officers, directors, partners, employees, shareholders, owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered Version2-3 02052021 rie e r­"i Professional Services Agreement Village of Mount Prospect Building Plan Review and Inspections HR Green Job Number: 2603003 June 28, 2026 Page 10 of 10 on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this AGREEMENT and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the AGREEMENT shall be the last date entered below. HR GREEN INC.: Approved by: Printed/typed name: Joe Kenney, PE, MB Title: Group Leader — Municipal Services Date: June 28, 2026 MOUNT PROSPECT, IL: Accepted by: Printed/typed name: Title: Date: Version2-3 02052021 ................. I ................. A 2026 New Construction '7 business days or less 5 business days or less Addition 5 business days or less 3 business days or less ............. fRemodel & Misc. Permit Subirnittals ........................................................................................ 5 business days or less 3 business days or less ................. ............... ess lt�h&�n 6 slto��r���es) New Construction 10 business days or less 7 business days or less Addition 7 business days or less 5 business days or less Remodel 5 business days or less 3 business days or less C o e a ............... ess lt�h&�n 6 Slto���,-���es) New Construction 10 business days or less '7 business days or less Addition '7 business days or less 5 business days or less ........................................................................................ Remodel '7 business days or less 5 business days or less ................. es"Ita u ��,na 'Its New Construction 7 business days or less 5 business days or less Addition 7 business days or less 5 business days or less Remodel 5 business days or less 3 business days or less New Construction 10 business days or less '7 business days or less .............. Addition '7 business days or less 5 business days or less Remodel 5 business days or less 3 business days or less ............... New Construction 15 business days or less 10 business days or less Note: The timeframes noted above are estimated timeframes and may need to be adjusted based on specific special project requirements. HR Green will inform the CLIENT after receiving the first plan submittal of any needed timeframe adjustments.