Plan Review and Inspection Services for Fire Alarm and Sprinkler Installations

Transcription

1 VILLAGE OF LISLE REQUEST FOR PROPOSAL ( RFP ) #1255 Plan Review and Inspection Services for Fire Alarm and Sprinkler Installations DUE BY: TUESDAY, OCTOBER 24, 2017 AT 11:15 AM CST BUSINESS OFFICE 925 BURLINGTON AVE, LISLE, IL Prepared By: Joe Catalano Procurement Services Manager jcatalano@villageoflisle.org Dated: September 28, 2017

2 Contents 1. Purpose Definitions Background Information Term Scope of Services Proposal Format Submission Method Evaluation Criteria Proposal and Contract Withdrawal of Proposals Certification of No Collusion Freedom of Information Act Payment Questions... 8 ATTACHMENTS... 9

3 1. Purpose The Village of Lisle ( Village ) seeks to enter into an agreement with a qualified firm(s) or individual(s) ( Consultant ) to conduct plan review and inspection services for fire alarm and fire sprinkler installations and modifications within Lisle s corporate limits. The Village estimates that Consultant will perform 100 plan reviews per year, with each review involving at least two or more inspections. 2. Definitions A. Plan Review or Re-Review ( Review ) means performing the technical review of architectural and engineering plans for compliance with codes, ordinances, and related laws and regulations pertaining to fire alarm and fire sprinkler modifications and installations. Example projects include but are not limited to: single family, multi family, high rise, commercial, office, individual tenant improvement, and mixed use developments. B. Inspection or Re-Inspection ( Inspection ) means a site visit for any fire alarm or sprinkler inspection, and/or service request inspections. Inspections shall include, but not be limited to, any necessary research or consultation, all meetings and phone conversations with Village staff, permit contacts and applicants, written documentation, and all site reviews related to an Inspection. 3. Background Information As of current, plan review and inspection services for fire alarm and fire sprinkler installations and modifications are conducted exclusively by the Lisle Woodridge Fire Prevention District ( LWFPD ). However, the Village has decided that it is in the best interest of the Village to contract with a qualified Consultant in order to perform some or all plan review and inspection services on behalf of the Village. The goal is to provide and maintain timely and high quality services to the public and development community at the lowest possible cost. 4. Term The Village intends to enter into a contract with Consultant for a term of three (3) years from the date of acceptance by both parties with up to one (1) additional Option Year, subject to appropriation and approval by the Village Board. Pricing must remain in effect and unchanged throughout the Term. 5. Scope of Services A. General. Consultant shall provide plan review and inspection services for fire alarm and fire sprinkler installations within Lisle s corporate limits ( Services ). Services shall include, but not be limited to:

4 i. Reviewing permits for compliance with the International Fire Code, International Building Code, NFPA 13 Fire Sprinkler Code, NFPA 72, and applicable Village code amendments; ii. Coordinating with other departments and agencies regarding their regulations; iii. Performing site visits and inspections; iv. Conducting correspondence and meetings with applicant(s); v. Providing CED staff with support, as needed. There is no guarantee that the actual number of Inspections will fall into the range described in Section I, as the number of Inspections depends on a number of factors, including, but not limited to, economic and construction activity. B. Hours. Normal hours of scheduled inspections will be 8:00 a.m. to 4:30 p.m., Monday through Friday, and shall follow the same holiday schedule as the Village: closed New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving (Thursday & Friday), and Christmas Day. C. Work Performance. All Services shall be performed under the supervision of the Village of Lisle s Community and Economic Development Department or its designee and in full compliance with Village policy, Codes, and interpretation. All inspections and plan reviews shall be performed in a non adversarial, ethical, professional, and personable manner. In order to provide the required inspection and response, the Consultant shall provide a consistent/stable roster of inspectors. D. Consultation. Consultant shall provide the Services of a technical staff member, who is a Fire Protection Services Engineer, for phone consultation with Village staff during the Village s normal business hours, as defined herein, the cost of which shall be considered incidental to this agreement. E. Plan Review Scheduling. Village staff will route the appropriate plan copies to Consultant for review. Consultant will be responsible for working directly with the permit contact and/or related member(s) of development community ( Contractor ) to schedule the Review and for completion of Review within the period specified within section titled, Plan Review Timeline. F. Plan Review Timeline. Standard Plan Review or Re Review shall be completed within 10 business days or less, or as directed in writing by Village of Lisle Designee, after the plans are submitted to the Consultant; G. Inspection Scheduling. Consultant shall be responsible for scheduling AM (8:00 to noon) and/or PM (noon to 4:30) Inspections directly with Contractor(s). For tracking purposes, Consultant will be responsible for planning and routing its

5 detailed AM and PM inspection schedule to the Village prior to performing any inspections. H. Inspection Reporting and Review Results. The Consultant shall provide the necessary equipment (i.e. laptops, printers) to be able to track Inspections electronically in the field and print copies of reports for permit contacts. The Village will provide Consultant with applicable training. Any reports, notes, or other documentation resulting from Inspections shall be transferred to the Village as soon as practical upon completion of Inspection in a manner deemed acceptable by both the Village and Consultant. I. Equipment. The Consultant shall provide all vehicles, clothing, inspection equipment, computers, cell phones, safety equipment and other related materials necessary to perform the services. Inspectors must carry identification clearly showing they are Village authorized inspectors. The cost to provide these materials shall be incorporated into the Consultant s proposed fees within Schedule of Prices. J. Personnel Assignment. The Village reserves the right to designate certain personnel perform or oversee the Village s Inspections and/or Reviews so long as it is practical and does not interrupt or impede Review Timeline. The Village also reserves the right to select alternative personnel of the Consultant when the Village is dissatisfied with the performance of assigned personnel. K. Village Training. The Consultant s inspectors and Plan Review staff will be expected to attend training on various Village policies including, but not limited to software, procedures, and Village Code requirements. Such training will be provided by or through the Village, at its cost. 6. Proposal Format Consultants submitting a proposal ( Proposer ) must follow the Request for Proposals format provided below. Please include a Table of Contents at the beginning of the proposal clearly outlining the contents of each section. Please provide the following sections, as a minimum: A. Cover Letter. Cover Letter signed by an individual authorized to bind Consultant to contractual terms. The cover letter should include a statement of professional qualifications, an interest in providing the Services in connection with the proposed project and the official name and address of the company submitting the proposal. (1 page maximum) B. Qualifications. A description of the firm s qualifications, including all professional staff members, including subcontractors, who will work on the project. Also, a

6 description of previous similar engagements or unique qualifications (5 pages maximum). i. Any individual(s) or firm(s) submitting a proposal shall possess the capacity to perform the Services and all necessary federal, state, and local licenses as are required by law, and shall, upon request, furnish satisfactory proof to the Village. C. Project Approach. A proposed process approach, including timeline of an example Review, any required resources, and key project milestones. This section will be subject to further discussion and clarification during the selection process and with the selected Consultant (5 pages maximum). D. References. Include the names of at least three (3) professional references, along with address and telephone information. The proposer grants the Village permission to contact said references and ask questions regarding prior work performance. Please also include a full list of all recent (within 3 years) municipal clients. E. Fees. Using Exhibit 1 titled Schedule of Prices, provide unit pricing for each item listed and describe any additional costs as needed. Authorized representative must sign Schedule of Charges. F. Certifications. The attached certifications included as Appendix A must be signed by a duly authorized official representing the Consultant and included within proposal. 7. Submission Method Sealed proposals will be received by the Business Office located in the main lobby of Village Hall located at 925 Burlington Ave, Lisle, IL until TUESDAY, OCTOBER 24, 2017 AT 11:15 AM CST ( Deadline ). Each proposal shall include three (3) copies and shall be submitted in a sealed envelope plainly marked with the title of the RFP and proposer s full legal name and shall be addressed and delivered to the place and before the time set forth above. Proposals may be delivered by mail or in person. Proposals received after the time specified above will be returned unopened. 8. Evaluation Criteria Village Staff will evaluate all properly submitted proposals, and will score and rank all proposals with respect to the following criteria: 100 Points Possible Qualifications 30% Project Approach 30%

7 References 10% Cost 30% Responsive Proposal Pass/Fail 9. Proposal and Contract Each proposal submitted is an offer only by each respective Proposer to provide and perform the Services to the Village. Issuance of this RFP does not obligate the Village to pay any costs incurred by any Proposer for the preparation and submission of a proposal. The decision by the Village to accept or reject a proposal is a function of the quality, reliability, capability, reputation, and expertise of the Proposers. After reviewing all proposals, the Village may identify certain Proposers with whom the Village desires to conduct an interview. The Village may negotiate with Proposers concerning proposed pricing, the delivery of the Services, or any other contractual terms. Any Proposer preliminarily selected by the Village to perform the Services must enter into a contract with the Village in a form provided by the Village for the performance of the Services ( Agreement ). If a preliminarily selected Proposer is unwilling to enter into the Agreement, the Village reserves the right to reject that Proposer s proposal and preliminarily select another Proposer to perform the Services. The final award of the Agreement to any preliminarily-selected Proposer must be approved by the Village Board. By submitting a proposal in response to this RFP, each Proposer certifies that it understands and agrees that if the Village Board approves and awards the Agreement to the Proposer, the Proposer will be bound to enter into the Agreement within 15 days after receiving notice thereof. 10. Withdrawal of Proposals Proposals may be withdrawn at any time prior to the Deadline, provided that a written, signed request by the Proposer for the withdrawal of such proposal is filed with the Village prior to the Deadline. The withdrawal of a proposal prior to the Deadline will not prejudice the right of a Proposer to submit a new proposal before the Deadline. No proposal shall be withdrawn without the consent of the Village for a period of 60 days after the Deadline. 11. Certification of No Collusion By submitting a proposal in response to this RFP, each Proposer represents, warrants, and certifies that it has not colluded with any other person, consultant, or corporation while preparing and submitting its proposal, and that the proposer is the only person or party interested in the proposal. The Undersigned Bidder is not barred from bidding for this Agreement as a result of a violation of either Section 33E-3 or Section 33E-4 of Chapter 38 of the Illinois Revised Statutes concerning bid rigging, rotating, kickbacks, bribery and interference with public contracts.

8 12. Freedom of Information Act All information submitted to the Village in response to this RFP will be a public record and will be subject to disclosure, subject to applicable exemptions, under the Illinois Freedom of Information Act, 5 ILCS 140, et seq. ( Act ), after the award of the Agreement. Proposers are advised that Section 7(1)(g) of that Act exempts the following information from disclosure: Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested. Proposers that desire to have portions of their proposals considered for this exemption should identify those portions accordingly. 13. Payment All payments for the Services will be made by the Village in accordance with the requirements of the Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. iv. 14. Questions If any proposer has questions about this RFP, proposer may submit inquiries via to procurement@villageoflisle.org. All inquiries must be in writing and received no later than Tuesday, October 17, 2017 at 5:00 P.M. CST. Inquiries will be addressed in a published addendum. All proposers are responsible for monitoring the Village s website, obtaining and acknowledging any and all addenda issued by the Village in connection with this RFP.

9 ATTACHMENTS APPENDIX A - CERTIFICATIONS AND ASSURANCES EXHIBIT 1 SCHEDULE OF CHARGES EXHIBIT 2 - EXAMPLE OF INDEPENDENT CONSULTANTS AGREEMENT

10 APPENDIX A CERTIFICATIONS AND ASSURANCES I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s): 1. The attached proposal is a firm offer for a period of 60 days following receipt, and it may be accepted by the Village without further negotiation at any time within the 60-day period. 2. In preparing this proposal, I/we have not been assisted by any current or former employee of the Village whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this proposal. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.) 3. I understand that the Village will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals will become the property of the Village, and I/we claim no proprietary right to the ideas, writings, items, or samples. 4. I/we warrant that, in connection with this procurement: a. The price and/or cost data have been arrived at independently, without consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any competition. b. Unless otherwise required by law, the prices and/or cost data which have been submitted have not knowingly been disclosed by him/her prior to opening, in the case of a proposal directly or indirectly to any other competitor. c. No attempt has been made or will be made by the Consultant to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. Consultant Signature Date Title

11 Exhibit 1 Schedule of Prices Unit prices inserted below are based on the services outlined herein subject to modification. The unit prices inserted must include all of the direct and indirect costs of performing the services. The Village will not acknowledge any unit price items not included in the Schedule of Prices unless clearly itemized and explained on a separate sheet of paper attached. Primary Service Unit Cost Minimum (if any) 1 Fire Sprinkler Plan Review & Inspection Includes: 1st (& 2nd) Plan Review, Rough/Hydro Inspection, and Final Inspection/Tests. Additional Fire Sprinkler Services A B C D E F G H I J Re-Inspection Fee (if initial or final is failed) Additional Hydrostatic Test Underground Fire Line Inspection Underground Hydrostatic Test Underground Flush Inspection Exhaust Hood Fire Suppression Spray Booth Carbon Dioxide / Clean Agent up to 105 lbs Additional Fee for over 105 lbs per lb Dry Chemical Suppression System and Alarm Per Sqft $ $ Ea. $ Per Floor $ Ea. $ Ea. $ Ea. $ Ea. $ Ea. $ Ea. $ Ea. $ Ea. $ 2 Fire Alarm Plan Review & Inspection Includes: 1st (& 2nd) Plan Review, Above Ceiling Inspection, and Final Inspection/Tests. Per Sqft $ $ Additional Fire Alarm Services A Re-Inspection Fee (if initial or final is failed) Ea. $

12 If there are additional costs not listed in Schedule, Proposer may list costs on separate sheet of paper with explanation. Company Name Address Phone Fax Contact Person Address Authorized Representative Date (Signature) (Print)

13 Exhibit 2 Example Agreement AGREEMENT FOR CONSULTANT SERVICES This AGREEMENT FOR CONSULTANT SERVICES ("the Agreement") made and entered into this day of, 20, by and between the VILLAGE OF LISLE ("VILLAGE") and ("CONSULTANT"). The VILLAGE and CONSULTANT are sometimes referred to herein individually as a "Party" and collectively as the "Parties". WITNESSETH WHEREAS, CONSULTANT is a firm of consulting fire protection engineers experienced in the field of plan review, inspections, building department administration, code consulting and training services; and WHEREAS, the VILLAGE has a need for consulting fire protection inspection and plan review services on a periodic basis for purposes of reviewing permits for compliance with the International Fire Code, International Building Code, Life Safety Code, NFPA 13 Fire Sprinkler Code, Illinois Accessibility Code and applicable Village code amendments; Coordinating with other departments and agencies regarding their regulations; Performing site visits and inspections; Conducting correspondence and meetings with applicant(s); and providing CED staff with support, as needed. WHEREAS, the VILLAGE desires to retain the services of the CONSULTANT for periodic consultation in accordance with the Village's Request for Proposal issued, a copy of which is attached hereto as Exhibit "A" and made part hereof (the "RFP"); and WHEREAS, CONSULTANT desires to provide such consulting services upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing recitals and of the covenants and conditions hereinafter set forth and other good and valuable consideration, the adequacy and sufficiency of which the Parties hereto hereby stipulate, the Parties agree as follows: 1. INCORPORATION OF RECITALS: The above ''Whereas" clauses are expressly incorporated herein as substantive provisions of this Agreement. 2. RELATIONSHIP BETWEEN CONSULTANT AND VILLAGE: CONSULTANT shall serve as one of the VILLAGE'S independent contractors providing fire protection consulting services. This relationship is that of a buyer and seller of professional services and it is understood that the Parties have not entered into any joint venture or partnership with the

14 other. The CONSULTANT is an independent contractor and shall not be considered to be the agent of the VILLAGE. The CONSULTANT shall render consulting services in accordance to generally accepted and currently recognized fire protection practices and principles. The CONSULTANT shall conduct services under this Agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's profession currently practicing in the same locality under similar conditions as of the date of this Agreement. Each Party shall designate one person to act with authority on its behalf. The person designated shall review and respond promptly to communications received from the other Party. 3. FIRE SAFETY INSPECTION AND PLAN REVIEW SERVICES -DAY-TO-DAY CONSULTATION: A. The VILLAGE contracts with CONSULTANT, and the CONSULTANT accepts such contractual arrangement to perform ongoing consulting services on a periodic basis with respect to general fire safety, including, but not limited to, consultation, plan review report generation, etc. ("ASSIGNMENT" or "ASSIGNMENTS"). B. ASSIGNMENTS shall be undertaken by CONSULTANT at the request of the VILLAGE'S Community & Economic Development Director or his designee, including execution of documents on behalf of the VILLAGE in the capacity of "Village Safety Engineer," provided the CONSULTANT is in concurrence with the content of said documents, in CONSULTANT'S professional judgment. When any ASSIGNMENT requires a written response or report by the CONSULTANT, such response or report shall be in writing. C. The CONSULTANT shall be compensated based upon the unit pricing defined within the proposed fire protection fee schedule, a copy of which is attached hereto as Exhibit "B" and made part hereof. However, in regard to any ASSIGNMENT given to the CONSULTANT, that the CONSULTANT reasonably believes would exceed the defined terms of this AGREEMENT, the CONSULTANT shall provide a not to exceed estimate to complete the work before proceeding. Upon completion of the ASSIGNMENT, the CONSULTANT shall be reimbursed for all time devoted to any given ASSIGNMENT 4. METHOD OF PAYMENT TO CONSULTANT: The CONSULTANT shall submit an invoice for the compensation for Work performed. An itemized billing statement in a form approved by the Village will be submitted to provide a detailed description of the Work performed including the number of hours spent performing such Work and the applicable rate in connection with such Work. Payment will be made in full on the basis of approved invoices and supporting documentation. 5. OWNERSHIP OF DOCUMENTS: The CONSULTANT agrees that all survey data, reports, drawings, studies, specifications, estimates, maps and computations prepared by or for CONSULTANT under the terms of this Agreement shall be properly arranged, indexed and delivered to the VILLAGE upon termination or completion of the work performed by CONSULTANT under this Agreement. These documents shall become and remain the property of the VILLAGE; however, CONSULTANT is hereby granted a license to possess said documents, and use said documents relative to any work performed by CONSULTANT for the VILLAGE, which shall have the right to use same at the VILLAGE'S sole risk without restriction or limitation

15 and without compensation to the CONSULTANT other than that provided in this Agreement. The Parties acknowledge and agree that the VILLAGE'S use of any such documents for purposes other than the ASSIGNMENT for which such documents were prepared, or as directed by the CONSULTANT with respect to a subsequent ASSIGNMENT ("ALTERNATE USES"), shall be solely at the risk of the VILLAGE and the VILLAGE shall indemnify and hold harmless CONSULTANT from all claims, losses and expenses, including attorney's fees, arising out of or resulting from ALTERNATE USES. 6. INSURANCE (A) During the term of the contract, the CONSULTANT shall provide the following types of insurance in not less than the specified amounts: 1. Comprehensive General Liability - $1,000, per occurrence; 2. Auto Liability - Combined Single Limit Amount of $1,000, on any CONSULTANT owned, and/or hired, and/or non-owned motor vehicles engaged in operations within the scope of this contract; 3. Workers Compensation - Statutory; Employers Liability $1,000, (the policy shall include a 'waiver of subrogation'); 4. Umbrella Coverage - $2,000, (this shall apply to General Liability, Auto Liability and Professional Liability, except if the amount for Professional Liability exceeds these combined limits, then Umbrella Coverage does not need to apply to Professional Liability); and 5. Professional Liability - $1,000, (B) The CONSULTANT shall furnish to the VILLAGE satisfactory proof of coverage of the above insurance requirements, by a reliable company or companies, before commencing any work. Such proof shall consist of certificates executed by the respective insurance companies and filed with the VILLAGE. Said certificates shall contain a clause to the effect that, for the duration of the contract, the insurance policy shall be canceled, expire or changed so as to the amount of coverage only after written notification 30 days in advance to the VILLAGE. In addition, said certificates shall list the VILLAGE and its officers, agents and employees as additional insureds on all required insurance policies except the policy for professional liability. (C) The CONSULTANT shall require sub-consultants, if any, not protected under the CONSULTANT'S policies, to take out and maintain insurance of the same nature in amounts, and under the same terms, as required of the CONSULTANT. Certificates as described in (B) above shall be provided to the VILLAGE for the sub-consultant. (D) Certificates of insurance shall be provided to the VILLAGE on standard certificate forms, signed by an authorized agent of the brokerage firm or carrier providing the certificates. Carriers providing coverage shall be reputable, and only those insurance companies having an

16 A.M. Best rating of A; class VI or better shall be used unless prior written approval is obtained from the VILLAGE. 7. INDEMNIFICATION: (A) The CONSULTANT shall indemnify, defend and save harmless the VILLAGE, its officers, agents, employees, representatives and assigns, from lawsuits, actions, costs (including attorneys' fees), claims or liabilities of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of negligent act or omission or any willful misconduct of said CONSULTANT, its officers, agents and/or employees arising out of, or in performance of any of the provisions of the contract, including any claims or amounts recovered for any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the "Worker's Compensation Act" or any other law, ordinance, order or decree. Notwithstanding the foregoing, CONSULTANT will have no liability to the VILLAGE to the extent any claims, losses, costs, expenses or damages arise out of or result from any act, omission, negligence or willful misconduct of the VILLAGE or its officers, agents, employees, representatives or assigns. (B) The VILLAGE shall indemnify, defend and save harmless the CONSULTANT, its officers, agents, employees, representatives and assigns, from lawsuits, actions, costs (including attorneys' fees), claims or liabilities of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of negligent act or omission or any willful misconduct of said VILLAGE, its officers, agents and/or employees arising out of, or in performance of any of the provisions of the contract, including any claims or amounts recovered for any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the "Worker's Compensation Act" or any other law, ordinance, order or decree. Notwithstanding the foregoing, VILLAGE will have no liability to the CONSULTANT to the extent any claims, losses, costs, expenses or damages arise out of or result from any act, omission, negligence or willful misconduct of the CONSULTANT or its officers, agents, employees, representatives or assigns. 8. TERMINATION: This Agreement shall be in full force and effect for a period of Three (3) Years from the date of execution by both parties, with up to one (1) additional annual Option Year(s), subject to appropriation and approval by the Village Board. Notwithstanding any provision contained in this Agreement to the contrary, this Agreement may be terminated by either the CONSULTANT or the VILLAGE upon the giving of thirty (30) days prior written notice to the other party to this Agreement. In the event of termination by either party, the CONSULTANT shall be paid for the value of all acceptable work performed prior to the effective date of termination, based upon the payment terms of this Agreement. 9. DRUG FREE WORKPLACE: The State of Illinois Drug Free Workplace Certification, a copy of which is attached hereto as Exhibit "C" and made a part hereof, be and the same is hereby incorporated herein by reference, and the CONSULTANT shall complete and file same with the VILLAGE at the time of the CONSULTANT'S execution of this Agreement.

17 10. NOTICES: All notices hereunder shall be in writing and shall be served either personally, by overnight carrier or by certified or registered mail addressed as follows: A. If to the VILLAGE: Village of Lisle ATTN: Community & Economic Development Director 925 Burlington Ave. Lisle, IL B. If to the CONSULTANT: C. Service by personal delivery or overnight carrier shall be deemed given when actually delivered. Service by registered or certified mail shall be deemed given on the third day after the mailing thereof. Either Party may designate other persons or places to which notice shall be given by written notice shall designate for notice thereof to the other Party hereto. 11. CAPTIONS AND PARAGRAPH HEADINGS: The captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement and further shall not be used to construe the terms hereof. 12. GENDER: Unless the provisions of this Agreement otherwise require, words imparting the masculine gender shall include the feminine; words imparting the single number shall include the plural, and words imparting the plural shall include the singular. 13. BINDING EFFECT: This Agreement shall be binding upon and inure to the benefit of the respective Parties, their successors, heirs and assigns. Notwithstanding the foregoing, this Agreement shall not be assigned by either Party hereto without the prior written consent of the other Party to this Agreement. 14. PREVAILING WAGES: In accordance with the law and the provisions of 820 ILCS 130/0.01 et seq., entitled "an Act regulating wages of laborers, mechanics, and other workers employed in any public works by the state, county, city or any public body or any political subdivision or by anyone under contract for public works" (the "Act"), not less than the prevailing rate of wages shall be paid to all laborers, workmen and mechanics performing work under this Agreement, to the extent the work performed is subject to the Act. CONSULTANT shall thoroughly familiarize themselves with the provisions of the Act and shall prepare any and all documents in strict compliance therewith and shall maintain compliance with the same throughout the term of the Agreement including submitting all required documentation to the VILLAGE. Copies of the prevai1ing rate of wages for this VILLAGE are on file in the office of the Village Clerk of the Village of Lisle. The CONSULTANT shall be responsible for monitoring the current prevailing wage and adjusting their rates accordingly. The Illinois Department of Labor publishes updates to the prevailing wage rates on its website at:

18 All bonds shall include a provision as guarantee the faithful performance of each prevailing wage clause as provided by this Agreement. 15. EQUAL EMPLOYMENT OPPORTUNITY: In the event of the CONSULTANT'S non compliance with the provisions of this equal employment opportunity clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of the Human Rights ("Department"), the CONSULTANT may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this Agreement, the CONSULTANT agrees as follows: A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, order of protection status, physical or mental disability unrelated to ability, military status or an unfavorable discharge from the military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. B. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, order of protection status, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service. C. The CONSULTANT will not utilize any subcontractor declared by the Department to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivision or municipal corporation. 16. COMPLIANCE WITH FREEDOM OF INFORMATION ACT: The VILLAGE is required by law to comply with the provisions of the Freedom of Information Act, 5 ILCS 140/1 et seq., as amended from time to time ("FOIA"). FOIA requires the VILLAGE to provide, if requested to do so by any person, copies of documents that may be in CONSULTANT's possession and related to this Agreement. As a condition of this Agreement, CONSULTANT agrees to and shall provide to the VILLAGE, copies of any and all such documents when directed to do so by the VILLAGE. All such documents shall be delivered to the Village Clerk's Office NO LATER THAN five (5) working days after the date of the VILLAGE'S written direction to provide such documents. Failure of the CONSULTANT to provide documents within said five (5) working days as provided above shall result in the assessment of any and all penalties, damages, and/or costs incurred by the VILLAGE to the CONSULTANT, which shall be paid immediately by the CONSULTANT upon demand of the same by the VILLAGE. CONSULTANT shall be entitled to compensation for actual time expended and direct costs for reproduction of documents so requested by VILLAGE. 17. EMPLOYMENT OF ILLINOIS WORKERS: The CONSULTANT shall be fully responsible to comply with the law and the provisions of 30 JLCS 570, entitled "Employment of Illinois Workers on Public Works Act," as it applies to this Agreement, if applicable. The CONSULTANT shall

19 familiarize themselves with the requirements by referencing the Illinois Department of Labor's website at: RELATIONSHIP WITH CONTRACTORS: CONSULTANT shall not at any time supervise, direct, or have control over any contractor's work, nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, nor for safety precautions and programs in connection with the contractors' work, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. CONSULTANT neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work. CONSULTANT shall have no authority to stop the work of any contractor on any project. 19. ENVIRONMENTAL CONDITIONS OF SITE: CONSULTANT's scope of services does not include any services related to any environmental issues related to the site including petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, or regulated by any Federal, State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous waste, substance, or material. 20. LIABILITY LIMITED TO AMOUNT OF INSURANCE PROCEEDS AVAILABLE: CONSULTANT shall procure and maintain insurance as required by and set forth in this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by State law, the total liability, in the aggregate, of CONSULTANT and CONSULTANT's officers, directors, members, partners, agents, consultants and employees to the VILLAGE and anyone claiming by, though, or under the VILLAGE for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the work to be performed by CONSULTANT under this Agreement from any cause or causes, including but not limited to the negligence, professional errors or ormss10ns, strict liability, breach of contract, indemnity obligations, or warranty express or implied, of CONSULTANT or CONSULTANT's officers, directors, members, partners, agents, employees, or consultants (hereafter "VILLAGE'S Claims"), shall not exceed the total insurance proceeds paid on behalf of or to CONSULTANT by CONSULTANT's insurers in settlement or satisfaction of VILLAGE'S Claims under the terms and conditions of CONSULTANT's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal), up to the amount of insurance required under this Agreement and available. Similarly, the total amount potentially due the CONSULTANT, or on behalf of the CONSULTANT, from the VILLAGE, under the indemnification provisions of Section 7(B) of this Agreement, shall be capped at the amounts of insurance required to be carried by CONSULTANT under Section 6 of this Agreement, so that the monetary liability cap for the VILLAGE and the CONSULTANT, under this Agreement, are the same. 21. ADDITIONAL WORK: Should the CONSULTANT be selected to provide fire safety services to the VILLAGE on another project outside of the scope of this Agreement; the terms and conditions contained herein shall still apply.

20 22. ENTIRE AGREEMENT: This Agreement sets forth the entire understanding of the parties. It may only be amended or modified by a written instrument signed by the Parties. 23. COUNTERPARTS: This Agreement is executed in counterparts, each of which shall be deemed to be and shall constitute one and the same Agreement. 24. GOVERNING LAW: This Agreement shall be construed and interpreted in accordance with the laws of the State of Illinois, and DuPage County. IN WITNESS THEREOF, the VILLAGE has caused this instrument to be executed by its Village Manager on the day and year first above written and the CONSULTANT has caused this instrument to be executed on its behalf by its President, being duly authorized by the CONSULTANT's governing body. VILLAGE OF LISLE By: By: Its: Its: Date: Date: , v. 1