1-3002-0926 Theodore CE RFQ.pdf

CITY OF JOLIET, ILLINOIS

Request for Qualifications for PH III Construction Engineering Services for the Theodore Street over Rock Run Creek Bridge Replacement Project

Question & Answer Session:

Teams Meeting ID: N/A

Passcode:

10:00 A.M., August 19, 2026

Qualifications Due: City Clerk’s Office 150 W. Jefferson Street

Joliet, IL 60432

Request for Statements of Qualifications

TABLE OF CONTENTS

TABLE OF CONTENTS

SOLICITATION LETTER

GENERAL PROVISIONS

DEFINITIONS

PREPARATION AND SUBMISSION OF STATEMENT OF QUALIFICATIONS

WITHDRAWAL OF SUBMITTAL

SPECIAL PROVISIONS

MISCELLANEOUS TERMS AND CONDITIONS

CLARIFICATION OF DOCUMENTS

DETERMINATION SELECTION SCHEDULE

STATEMENT OF QUALIFICATIONS FORMAT

EVALUATION OF SOQ SUBMITTALS

SCOPE OF SERVICES

APPENDIX 1 SAMPLE PROFESSIONAL SERVICES AGREEMENT

APPENDIX 2 LOCAL GOVERNMENT PROMPT PAYMENT ACT

APPENDIX 3 STATEMENT OF QUALIFICATIONS FORM

SOLICITATION LETTER

August 4, 2026

Dear Consultant:

The City of Joliet Department of Public Works will accept Statements of Qualifications (Qualification Based Selection) from IDOT Prequalified Engineering firms until 10:00 A.M., CST, August 19, 2026, for the purpose of selecting a consultant for Phase III Engineering Services for Theodore Street over Rock Run Creek Bridge Replacement project via the online Euna Procurement (Bonfire) portal.

The project is scheduled for IDOT's November 2026 letting. Construction is anticipated to begin in April 2027, and to be completed in November 2027. The Estimate of Time for Contract Construction is 97 working days, however, Consultant will perform pre-construction activities including necessary meetings, schedule reviews, and utility meetings, along with post-construction documentation until documentation/materials are final certified by IDOT.

The latest estimated cost of construction for the project is $5,781,000. The Construction and Construction Engineering costs will be partially funded by Local Bridge Formula Program (LBFP) funding, and Local Agency (MFT) funding.

The deadline for submittals is 10:00 AM CST on Wednesday, August 19, 2026. City staff will then review all submittals and select a short list of candidates to be interviewed. Interviews will be conducted the week of August 24, 2026. The City will then negotiate a proposal based on that scope with the selected candidate.

We welcome your submittal.

Sincerely, City of Joliet

Garrett Tierney Civil Engineer, City of Joliet

150 W Jefferson St.

City of Joliet Department of Public Works 815-724-4200 publicworks@joliet.gov www.joliet.gov 815-724-4000

GENERAL PROVISIONS

DEFINITIONS

The term "CITY" whenever used in the specifications shall be construed to mean the City of Joliet, Will and Kendall Counties, Illinois.

The term "CONSULTANT" whenever used in the specifications shall be construed to mean the firm making a submittal to the City of Joliet.

“RFQ” is an abbreviation for Request for Qualifications. “SOQ” is an abbreviation for Statement of Qualifications. “RFP” is an abbreviation for Request for Proposal.

PREPARATION AND SUBMISSION OF STATEMENT OF QUALIFICATIONS

CONSULTANT shall submit/download from the City of Joliet bidding platform Bonfire (https://joliet.bonfirehub.com) copies and one electronic copy of the Statement of Qualifications. The SOQ submittal must follow and contain the required submittal information outlined in the Special Provisions of this document.

All pages of the SOQ must be single spaced with a minimum font size of twelve (12).

Limitations on the number of pages can be found in the Special Provisions section of this RFQ. The Submittal shall be as concise as possible. Excessive promotional information will only detract from the total presentation. The Submittal should clearly identify the CONSULTANT’S ability concerning services.

Submittals shall be through the City of Joliet Bonfire site, by the specified due date and time.

Submittals will not be accepted by email. Submittals arriving after the specified date and time will not be accepted. Offerors are responsible for ensuring that their submittals are received by the City Clerk’s office before the deadline.

WITHDRAWAL OF SUBMITTAL

Submittals may be withdrawn or canceled at any time prior to the due date and time by signing a request therefore.

SPECIAL PROVISIONS

MISCELLANEOUS TERMS AND CONDITIONS

The CITY reserves the right at any time and for any reason to cancel this RFQ or any portion thereof, to reject any or all submittals, or to accept an alternate proposal. The CITY reserves the right to waive any immaterial defect in any submittal. The CITY may seek clarification on a submittal at any time and failure to respond promptly may be cause for rejection. The CITY will not be liable in any way for any costs incurred by respondents in replying to this RFQ.

https://joliet.bonfirehub.com/

The CITY may make such investigations as it deems necessary to determine the qualifications and ability of the CONSULTANT to perform the work. The Consultants shall furnish to the CITY any/all requested information and data for this purpose. The CITY reserves the right to reject any and all responses if the evidence submitted by, or investigation of such CONSULTANT fails to satisfy the CITY expectations.

CLARIFICATION OF DOCUMENTS

Any questions as to the meaning of any part of the Request for Qualifications documents shall be submitted through the Public Q&A feature of Bonfire. No contact shall be made directly with the Department of Public Works during the open solicitation period.

In the event that a written addendum is issued as a result of a request for interpretation or the result of a change in the specifications initiated by the CITY, the CITY will post the addendum on Bonfire by Friday, August 14, 2026. No clarifications, interpretations or addenda shall be issued after this date. CONSULTANTS must provide written acknowledgment of receipt of each addendum issued with their submittals.

DETERMINATION SELECTION SCHEDULE

The anticipated schedule for selection of the Phase III Construction Engineering Services for Theodore Street over Rock Run Creek Bridge Replacement project will be as follows:

Event Date Time

Deadline for Consultants to Submit Questions Wed, Aug 12, 2026 4:00 P.M.

Responses to Questions Released on City’s Website Fri, Aug 14, 2026 N/A

Statements of Qualifications Due Date Wed, Aug 19, 2026 10:00 A.M.

Interview with Selected Firms Week of Aug 24, 2026 TBD

Award of Contract by City Council Tues, Sep 15, 2026 6:30 P.M.

Anticipated Project Kick-Off Meeting TBD TBD

Response Packets shall be addressed as follows.

City of Joliet Attn: Garrett Tierney - Public Works 150 W. Jefferson Street

RFQ Submittal shall be labeled as follows:

RFQ - Request for Qualifications for Phase III Construction Engineering Services for Theodore Street over Rock Run Creek Bridge Replacement Project Submittal Deadline: Wednesday, August 19, 2026, at 10:00am Name and Address and phone number of your company Receipt of all Addenda

Receipt of your submittal in any location other than the City of Joliet Bonfire site, does not constitute receipt.

STATEMENT OF QUALIFICATIONS FORMAT

All submittals must follow the format outlined below. Failure to do so will result in disqualification of consideration.

A) Cover Page (1 Page)

Identify name of the firm and the location of the office that will have responsibility for the proposal. Include the name, address and phone number of a contact person responsible for and knowledgeable of the proposal.

B) Technical Project Approach (2 Pages Maximum)

Provide firms project approach to project and evaluation of provided documents.

This project is partially (80%) funded by Local Bridge Formula Program (LBFP) funds, with the remainder of funding (20%) coming from local MFT funds.

C) Firm Background/Experience (3 Pages Maximum)

Provide history of the Firm and any relevant materials about the services that the CONSULTANT is capable of providing.

D) Past Project Experience (3 Pages Maximum )

Submit CONSULTANT’s project experience in the format that follows. In row one include the name of the project and the name of client. In row two prepare a brief but comprehensive description of the scope of services provided and funding sources used on the project. A point of contact and telephone number must be included. Do not use projects prior to 2010.

In row three indicate the staff assigned to the project. In row four indicate the actual or estimated cost of construction (for construction projects, N/A for non-construction projects), the firm’s fee, and year of project. Include any pertinent data to supplement the required information such as how the experience is relative to the target project.

Example Format

Project / Client Houbolt Road Phase I

Scope of Work / Client POC IDOT Process including NEPA, Floodplain, permits, etc

Project Team Russ Lubash, P.E. - Project Manager, Kyle Hinson E.I. - Design Engineer Fee / Year $1,000,000 / 2023

E) Staffing (2 Pages Maximum)

Prepare a staffing form in a clear, concise and complete manner. Include all proposed staff.

In the first column include the name and title of the proposed staff member. In the second column include the number of years of overall experience and the years with the firm. In the third column please indicate relevant project duties and responsibilities. Include resumes if additional pertinent experience needs to be identified.

F) Consultant Contract & Conditions Review Acknowledgement

The standard CITY professional services agreement and insurance requirements are included in this document as Appendix 1. Consultants shall review the agreement and insurance requirements. If a firm cannot accept the standard form language, a redlined version should be provided to be reviewed by the CITY’s legal team. The CONSULTANT shall provide an explicit acknowledgement that this document was reviewed.

Appendix 2 contains the State of Illinois Local Government Prompt Payment Act. Consultants shall review the Act. If a firm cannot accept the standard form language, a redlined version should be provided to be reviewed by the CITY’s legal team.

G) Other Documents

Statement of Experience and Financial Condition (SEFC) Prequalification and your letter from IDOT approving the SEFC along with your firms provisional overhead rate for the most current fiscal year.

Statement of Qualifications Form, included in this document as Appendix 3, shall be completed by the respondent and included as part of the SOQ submittal.

EVALUATION OF SOQ SUBMITTALS

The CITY will use a team approach to review each firm’s SOQ and discuss which CONSULTANTS will be short listed. The following criteria will be used in evaluating the submitted SOQ’s.

Technical Project Approach 20% Firm Experience 20% Specialized Expertise – Bridge Construction 10% Staff Capabilities (Prime/Sub) 25% Work Load Capacity 10% Past Performance 10% Local Presence 5%

Prior to inclusion, any modifications proposed by the Consultant will require review and approval by the CITY’s legal staff. Selections will be made on the basis of the qualifications of the firm as presented in the written submittals. Interviews are not required as part of the submittal but may be requested at the discretion of the CITY to further clarify a firm’s qualifications. Interviews will be conducted the week of August 24, 2026.

Upon review of qualifications, the City will then negotiate a proposal based on that scope with the selected consultant.

SCOPE OF SERVICES

The consultant shall provide the resident engineer, inspectors, professional testing services and other technical personnel necessary to review, observe, monitor and document the contractor’s progress on the project from the start of field operations to the final completion.

All work is to be performed according to the general industry engineering standards established by IDOT. The consultant and sub-consultants are expected to complete construction inspection services in accordance with, but not limited to, the following general tasks:

Preconstruction Tasks

1. Establish the Contract Inspector’s Checklist for Contract Administration as guidelines for the consultant to follow.

2. Attend an IDOT preconstruction meeting with all interested parties to discuss goals, objectives, and issues.

3. Conduct a local preconstruction meeting with all interested parties to discuss goals, objectives, and issues that the City may have. Meeting minutes shall be submitted to the City for review and approval.

4. Review the requirements for construction and all required project permits.

5. Review the plans and specifications in depth, verifying quantities, elevations, and dimensions relevant to the project. Also, anticipate any potential conflicts or issues and develop solutions prior to construction.

6. Review the contractor’s proposed construction schedule for compliance with the contract.

7. Set up field books, quantity books, diary, job box, and all other forms of proper project documentation, including CMMS.

8. Prepare a Maintenance of Traffic (MOT) checklist. Review the MOT for possible improvements, highlighting areas of concern.

9. Prepare a project contact list with names, addresses, phone numbers, and fax numbers for all contractors, subcontractors, and suppliers for the project. Also, submit 24-hour contact numbers for all applicable parties.

10. Review the record drawing requirements with the contractor.

11. Provide public notifications, interactions with residents and businesses.

Construction Tasks

1. Provide a resident engineer for required daily activities, such as: observing the progress and quality of work and determining if the work is proceeding in accordance with the contract documents. Maintain a site presence at all times when the contractor is working.

Disapprove any work failing to conform to the contract documents and immediately inform City and IDOT representatives. Verify that there are no deviations from the contract documents unless authorized by City and IDOT representatives.

2. Keep inspector’s daily reports and quantity book records up to date. Also maintain project diary noting all necessary observations. Advise if the contractor is falling behind schedule.

Submit weekly reports from CMMS to the contractor, IDOT, and the City.

3. Maintain orderly files of all relevant project documents so that they can be easily accessed.

4. Maintain a submittal log and check status to ensure timely approval.

5. Perform quantity measurements to prepare pay estimates and change orders to review with contractor and submit to City for review and submittal to IDOT.

6. Hold City approved progress meetings (if any).

7. Provide liaison functions related to the coordination of contractors, utilities, developers, other agencies, and property owners engaged or affected by the project.

8. Check and approve project submittals for compliance with standards. Forward recommendations to the City and IDOT representatives.

9. Maintain daily contact with contractor to monitor schedule and recommend actions that should be taken if falling behind.

10. Maintain contact with the utility companies and their contractors as needed to monitor concurrence with proposed schedules, if required.

11. Maintain daily contact with City and IDOT staff regarding all relevant project information.

12. Inspect, document, and inform the contractor and the City of the adequacy of the establishment and maintenance of traffic control. Perform all necessary traffic control checks. Document all deficiencies and contractor responses to notices of the same. Inform the City and IDOT of deficiencies and if the contractor does not correct or enforce as contract stipulates.

13. Provide construction layout when not provided for in the contract plans. Otherwise, verify construction layout performed by others.

14. Provide Quality Assurance (QA) services in accordance with IDOT QC/QA practices and procedures (contractor will provide QC). Provide necessary coordination and qualified personnel to perform work for all materials. Obtain and test soil, asphalt, concrete and aggregate samples to perform necessary testing to fulfill QA/geotechnical requirements.

Reports shall be prepared in a timely manner and coordinated with QC data. The consultant shall fulfill the requirements as the QA manager.

15. Prepare minutes for all meetings and distribute to appropriate parties.

16. Maintain a set of working drawings as construction is progressing.

17. Provide all necessary equipment, instruments, supplies, transportation, and personnel required to perform the duties of the project team.

18. Periodically transmit to contractor a running punch list to expedite project close out.

19. Obtain material acceptance certifications as materials are incorporated into the project to expedite payments and project closeout.

20. Monitor and enforce all OSHA safety regulations are followed by the consultant and subconsultant staff.

21. Monitor erosion control; document and enforce conformity with the plans and standards.

22. Follow the IDOT Documentation of Contract Quantities and CMMS Supplement guides.

Complete all other miscellaneous paperwork and requirements per IDOT to administer the project including but not limited to certified payrolls, DBE paperwork, interviews, independent weight checks, consultant evaluations, etc.

23. Provide the City with regular invoicing and provide supporting documentation as requested in order for the City to submit for reimbursement in accordance with Section 5-10 of the Bureau of Local Roads and Streets Manual.

Post Construction Tasks

1. Perform final inspection with representatives from the City, IDOT, the contractor, and all applicable utilities to finalize the punch list. Document the items in the final punch list and

2. submit them to the contractor for closeout. Verify completion of all work and provide a recommendation to the City.

3. Prepare record drawings. Submit the drawings in a hard copy and digital form (AutoCAD).

4. Complete a contractor performance evaluation and conduct a post construction meeting with all interested parties to discuss lessons learned and identify steps to eliminate problems in the future.

5. Verify that all documentation is accomplished and that all material inspections and certifications have been accounted for and are complete.

6. Provide all documentation associated with the final balancing change order and final pay estimate.

7. Complete job box, the final papers, and conduct all audit(s) with IDOT. The job box will remain property of the City. If no job box is required, provide copies of final papers and other documentation as requested by the City.

8. Close out project with IDOT within a reasonable time frame after all construction is completed.

9. Provide the City with a final invoice on the BLR 05621 form, labeled “& FINAL.” Provide the BLR 05613 Engineering Payment Report with the invoice.

APPENDIX 1

City of Joliet Sample Professional Services Agreement

AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT, entered into and effective on (“Effective Date”), by and between the City of Joliet, Illinois, an Illinois Municipal Corporation, (hereinafter called the "City") and , (hereinafter called the "Consultant"), collectively referred to as the “Parties” herein, is an AGREEMENT for professional services.

NOW, THEREFORE, the City and the Consultant in consideration of the mutual covenants hereinafter set forth agree as follows:

SECTION 1 – SERVICES AND OBLIGATIONS OF THE CONSULTANT

1.1 The Project scope of work is defined in EXHIBIT 1 of the attached BLR 05530 Local

Public Agency Engineering Services Agreement for Federal CE.

1.2 The City and the Consultant, by mutual agreement, shall determine the detailed schedule of interim milestones.

1.3 The Consultant shall perform its services consistent with the professional skill and care ordinarily provided by Consultants in their line of work. The Consultant will use their best professional judgment in the course of the work. Design criteria, guidelines and other standards shall be supplemented by the professional judgment of the Consultant.

Deviations from design criteria, guidelines and other standards shall be called to the attention of the City's representative.

1.4 The Consultant shall execute the attached Business Status of Bidder Affidavit.

1.5 The Consultant shall comply with the attached Bid Rigging and Bid Rotating EXHIBIT.

1.6 The Consultant shall not be in arrears to the City of Joliet, Illinois, in any debt or contract, or has failed to execute in whole or in part, in a satisfactory manner, any contract with the City of Joliet, or is a defaulter as to surety or otherwise upon any obligation to the City of Joliet, Illinois.

1.7 The City of Joliet has adopted a Responsible Bidder Ordinance (Article XIII, §2- 440). In addition to any other requirement, unless otherwise expressly stated in a bid solicitation or an award of contract, or applicable state or federal law or regulation states otherwise, all bidders must comply with the requirements of the Responsible Bidder Ordinance (Article XIII, §2-440), as applicable, in order to submit a bid or be awarded a contract with the City.

1.8 The Consultant shall comply with all requirements of the Illinois Drug Free Workplace Act, as applicable.

1.9 Tax Compliance:

The Consultant, on behalf of the entity making the foregoing proposal certifies that neither the undersigned nor the entity is barred from contracting with the City of Joliet because of any delinquency in the payment of any tax administered by the State of Illinois, Department of Revenue, unless the undersigned or the entity is contesting, in accordance with the procedures established by the appropriate revenue act, liability of the tax or the amount of tax.

The Consultant understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and in addition, voids the AGREEMENT and allows the municipality to recover all amounts paid to the individual or entity under the AGREEMENT in a civil action.

1.10 Unless specifically addressed in the Project scope of work, EXHIBIT, or herein, the Consultant shall be responsible for obtaining applicable approvals, consents, and licenses from all governmental authorities having jurisdiction over the work, and from such other individuals or bodies as may be necessary for completion of the work under this

AGREEMENT.

SECTION 2 – THE CITY'S RESPONSIBILITIES

The City will:

2.1 Provide full information as to the requirements for the Project in a timely manner in which the Consultant may reasonably rely on with regard to its completeness and accuracy.

2.2 Designate in writing a person to act as the City's representative with respect to the work to be performed under this AGREEMENT; and such person shall have complete authority to transmit instructions, receive information, interpret, and define the City's policies and decisions with respect to materials, equipment elements and systems pertinent to the work covered by this AGREEMENT.

2.3 Guarantee access to and make all provisions for the Consultant to enter upon the City’s facilities as required for the Consultant to perform their work under this

AGREEMENT.

2.4 Examine all studies, reports and other documents presented by the Consultant and shall render decisions pertaining thereto within 7 calendar days from receipt so as not to delay the work of the Consultant.

SECTION 3 – PAYMENTS TO THE CONSULTANT

3.1 The City will pay the Consultant for the professional services performed under SECTION 1, in an amount not to exceed the attached EXHIBIT.

3.2 Invoices for payment shall be submitted by Consultant to the City, together with reasonable supporting documentation. The City may require such additional supporting documentation as City reasonably deems necessary or desirable. Payment to Consultant shall be made in accordance with the Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation.

3.3 Payment to the Consultant for expenses associated with direct costs or reimbursable expenses, as dictated by the AGREEMENT and/or Scope of Services, shall be made upon presentation of receipts for costs or expenses.

SECTION 4 – TIME OF COMPLETION

4.1 The Consultant shall complete their obligations as outlined in the EXHIBIT, subject to time extensions to such schedule arising from delays beyond Consultant’s control. To the extent Consultant is impacted by such delays, Consultant shall be entitled to an adjustment to its schedule for performance.

4.2 Time is of the essence for this AGREEMENT.

4.3 The Consultant shall commence work as outlined in the AGREEMENT or such other time mutually agreed to by the Parties in writing.

4.4 The Consultant may request an extension to complete the scope of work, and the City may grant such extension in a subsequent amendment to the AGREEMENT.

SECTION 5 – RIGHTS TO DELIVERABLES

5.1 Deliverables, as defined in the Scope of Work, shall become the City’s permanent property upon payment by the City to the Consultant.

5.2 Consultant shall not use photographs of the Deliverables for project competition, awards of any nature, project testimonials, presentations, advertising, proposals, professional papers, public display, or any other use without obtaining prior written approval from the City’s representative. Any photographs taken of City property in the execution of the Consultant's work may not be re-used by the Consultant for social media, project competition, awards of any nature, project testimonials, advertising, proposals, presentations, professional papers, public display, or any other use without obtaining prior written approval from the City’s representative.

SECTION 6 – REMOVAL AND REPLACEMENT OF PERSONNEL

6.1 Consultant (for the duration of the term of the AGREEMENT) will not, without obtaining the City's prior written consent, not to be unreasonably withheld, replace, or alter the assignment of its lead personnel, to the extent their respective availability is reasonably within the Consultant’s control.

6.2 Consultant shall promptly remove any person assigned to perform the Services in the event of notification by the City that he/she is no longer acceptable, irrespective of any prior City consent. Replacement of lead personnel, prior to assignment, will be subject to the City’s approval, which shall not be unreasonably withheld.

6.3 A violation by Consultant of paragraph 6.1 and/or 6.2 may be considered a substantial and material breach of the AGREEMENT, for which termination and damages otherwise provided by Law or the AGREEMENT may be claimed.

6.4 The City’s right to request the removal of Consultant’s personnel from the Services as set forth in paragraph 6.2 does not expressly or implicitly create an employer-employee relationship between the City and personnel assigned by Consultant. Such a relationship is expressly denied herein by Consultant and the City.

SECTION 7 – INSURANCE

The Consultant shall maintain for the duration of the AGREEMENT, insurance purchased from a company, or companies lawfully authorized to do business in the State of Illinois and having a rating of at least A-VIII as rated by A.M. Best Ratings. Such insurance will protect the Consultant from claims set forth below which may arise out of or result from the Consultant’s operations under the AGREEMENT and for which the Consultant may be legally liable, whether such operations be by the Consultant or by a SubConsultant or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

Worker’s Compensation Insurance covering all liability of the Consultant arising under the Workers’ Compensation Act and Occupational Diseases Act; limits of liability not less than statutory requirements.

Employers Liability covering all liability of Consultant as employer, with limits not less than:

$1,000,000 per injury – per occurrence; $1,000,000 per disease – per employee; and $1,000,000 per disease – policy limit.

Comprehensive General Liability in a broad form on an occurrence basis, to include but not be limited to, coverage for the following where exposure exists; Premises/Operations, Contractual Liability, Products/Completed Operations for two (2) years following final payment, Independent Consultant’s coverage to respond to claims for damages because of bodily injury, sickness or disease, or death of any person other than the successful proposers employees as well as claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Consultant, or (2) by another person and claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use there from; Broad Form Property Damage Endorsement The coverage provided by the additional insured endorsement shall be primary without right of contribution by any coverage carried by City of Joliet and its subsidiaries, affiliates, officers, directors and employees. The policy shall include a waiver of subrogation endorsement in favor of City of Joliet and its subsidiaries.

General Aggregate Limit $ 2,000,000 Each Occurrence Limit $ 1,000,000

Automobile Liability Insurance shall be maintained to respond to claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance, or use of a motor vehicle. This policy shall be written to cover any auto whether owned, leased, hired, or borrowed. The coverage provided by the additional insured endorsement shall be primary without right of contribution by any coverage carried by City of Joliet and its subsidiaries, affiliates, officers, directors and employees. The policy shall include a waiver of subrogation endorsement in favor of City of Joliet and its subsidiaries.

Each Occurrence Limit $1,000,000

Umbrella Liability Coverage, excess of general liability, auto liability and employers liability in an amount of at least $5,000,000 per occurrence with defense outside the limit.

Professional Liability Insurance shall be maintained to respond to claims for damages due to the Consultant’s errors and omissions. Coverage must be maintained for a period of two

(2) years after final completion of the work.

Errors and Omissions $1,000,000

Consultant agrees that with respect to the above required insurance:

1. The CGL policy shall be endorsed for the general aggregate to apply on an annual basis.

2. To provide separate endorsements: to name the City of Joliet and its officers and employees as additional insured as their interest may appear, and to provide 30 days’ notice, in writing, of cancellation or material change.

3. The Consultant’s insurance shall be primary and non-contributary in the event of a claim.

4. The City of Joliet shall be provided with Certificates of Insurance and endorsements evidencing the above-required insurance, prior to commencement of an AGREEMENT and thereafter with certificates evidencing renewals or replacements of said policies of insurance at least thirty (30) days prior to the expiration of cancellation of any such policies.

5. A Certificate of Insurance that states the City of Joliet and its officers and employees have been endorsed as an “additional insured” by the Consultant’s general liability and automobile liability insurance carrier. Specifically, this Certificate must include the following language: “The City of Joliet and its officers and employees are, and have been endorsed, as an additional insured under the above reference policy number ________ on a primary and non-contributory basis for general liability and automobile liability coverage for the duration of the contract term.”

The Consultant shall also indemnify and save harmless the City from any claims against, or liabilities incurred by the Consultant of any type or nature to any person, firm or corporation arising from the Consultant’s wrongful or negligent performance of the work covered by the AGREEMENT.

FAILURE TO COMPLY:

In the event the Consultant fails to obtain or maintain any insurance coverage required under this AGREEMENT, the City of Joliet may purchase such insurance coverage and charge the expense thereof to the Consultant. Such insurance shall be maintained in full force and effect during the life of the AGREEMENT and shall protect the Consultant, its employees, agents and representatives from claims for damages, for personal injury and death and for damage to property arising in any manner from the negligent or wrongful acts or failures to act by the Consultant, its employees, agents and representatives in the performance of the work covered by the AGREEMENT.

SECTION 8 – SUCCESSORS AND ASSIGNS

The City and the Consultant each binds himself and his partners, successors, executors, administrators and assigns to the other party of this AGREEMENT and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this AGREEMENT; except as above, neither the City nor the Consultant shall assign, sublet or transfer his interest in this AGREEMENT without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any employee, officer or agent of any public body or the Consultant which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and the Consultant.

SECTION 9 – NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

The Consultant agrees that in all hiring or employment made possible or resulting from this AGREEMENT, there shall be no discrimination against any employee, applicant for employment, or in connection with any apprenticeship or other training program, because of sex, age, race, color, religion, national origin or ancestry, marital status, order of protection status, citizenship status, physical or mental disability unrelated to ability, sexual orientation, military status or unfavorable discharge from military service.

The Consultant shall comply with all requirements under the Illinois Human Rights Act and the Rules and Regulations of the Illinois Department of Human Rights published at 44 Illinois Administrative Code Section 750, et seq.

Any violation of this provision shall be considered a violation of a material provision of this AGREEMENT and shall be grounds for cancellation, termination, or suspension, in whole or in part, of the AGREEMENT by the City.

SECTION 10 – REQUIRED SEXUAL HARASSMENT POLICY

Illinois law requires all parties to a public contract and all eligible bidders to have a written sexual harassment policy covering their employees and applicants for employment. This requirement applies regardless of the number of persons employed or the dollar value of any public contract. A copy of the policy shall be provided to the City upon request.

According to Section 2-105(A)(4) of the Illinois Human Rights Act, each sexual harassment policy must contain the following elements:

• A statement that sexual harassment is illegal.

• The definition of sexual harassment under the Illinois Human Rights Act.

• A description of the acts that constitutes sexual harassment, with examples.

• The employer's internal complaint procedure, including penalties.

• The legal recourse, investigative, and complaint process available through the Illinois Department of Human Rights (IDHR) and the Illinois Human

Rights Commission (IHRC).

• Information as to how a person can contact IDHR and IHRC.

• Information regarding the protection against retaliation under Section 6-101 of the Illinois Human Rights Act.

SECTION 11 – COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT

The Consultant shall comply with the Americans with Disabilities Act and the Joliet Accessibility Code (Article XII), and certify that services, programs and activities provided under this AGREEMENT are and will continue to be in compliance with the Joliet Accessibility Code, as applicable.

SECTION 12 – MODIFICATION OR AMENDMENT

This AGREEMENT and the IDOT Local Public Agency Engineering Services Agreement for Federal CE (BLR 05530; Rev. 04/23/26) constitutes the entire AGREEMENT of the Parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written amendment duly executed by the Parties. The Consultant agrees that no representations or warranties shall be binding upon the City unless expressed in writing herein or in a duly executed amendment hereof, or authorized or approved Change Order as herein provided.

The terms of this AGREEMENT will take precedence in the event of a conflict of terms with the Consultant’s proposal, scope of services and/or any other document referenced in this AGREEMENT. In the event of a conflict between the terms of any Order Form, addendum, attachment, or any other AGREEMENT or communication between the City and the Consultant, this AGREEMENT shall supersede, govern and control to the extent of the inconsistency, unless expressly stated otherwise.

SECTION 13 – APPLICABLE LAW AND DISPUTE RESOLUTION

13.1 This AGREEMENT shall be deemed to have been made in and shall be governed by and construed in accordance with the laws of State of Illinois. The Parties shall submit to the jurisdiction and venue of the state courts of Will County, Illinois for any dispute arising out of or related to this AGREEMENT.

13.2 Any controversy, claim or dispute arising out of or relating to the interpretation, construction, or performance of this AGREEMENT, or breach thereof, shall be referred to the American Arbitration Association (the “AAA”) for a voluntary, non-binding mediation in the municipality where the Services are provided and to be conducted by a mutually acceptable single mediator, in accordance with then applicable Construction Industry Mediation Rules, prior to resorting to litigation to any State or Federal Court located nearest to where the Services are provided. Neither party shall be liable for any indirect, incidental, or consequential damages of any nature or kind resulting from or arising in connection with this AGREEMENT. The Parties shall share the cost of the mediator’s services equally.

WITH RESPECT TO ANY SUCH LITIGATION, EACH PARTY HEREBY KNOWINGLY,

VOLUNTARILY AND WILLINGLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY

ACTION, SUIT, OR PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE BETWEEN

OR AMONG ANY OF THE PARTIES HERETO, WHETHER ARISING IN CONTRACT,

TORT, OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, RELATED OR

INCIDENTAL TO THIS AGREEMENT, THE TRANSACTION(S) CONTEMPLATED

HEREBY AND/OR THE RELATIONSHIP ESTABLISHED AMONG THE PARTIES

HEREUNDER.

SECTION 14 – TERMINATION OF THE AGREEMENT

14.1 TERMINATION BY THE CONSULTANT

If the Work is stopped for a period of thirty days under an order of any court or other public authority having jurisdiction, through no fault of the Consultant, or if the City has not made timely Payment thereon as set forth in this AGREEMENT, then the Consultant may upon twenty-one (21) days written notice (from postmark) to the City, terminate the

AGREEMENT.

14.2 TERMINATION BY THE CITY

In the event of any breach of this AGREEMENT by the Consultant, the City may, at its option, serve the Consultant with a written seven (7) day notice (from postmark) with the Consultant’s option to cure the breach, or the City may engage the services of another Consultant to complete the work and deduct the cost of such completion from any amount due the Consultant hereunder, or the City may either pause or terminate the

AGREEMENT.

14.3 TERMINATION FOR CONVENIENCE

This AGREEMENT may be terminated by either party with thirty (30) days’ written notice (from postmark) to the other party.

14.4 FORCE MAJEURE EVENTS

Neither Party to this AGREEMENT shall be liable for failing to fulfill any obligation under this AGREEMENT to the extent any failure is caused by any event beyond the Party’s control, and which event is not caused by the Party’s fault or negligence. Events shall include but not be limited to acts of God, acts of war, fires, lightning, floods, or epidemics.

SECTION 15 – COMPLIANCE WITH LAWS AND CITY OF JOLIET CODE OF

ORDINANCES

ARTICLE XVI – INSPECTOR GENERAL:

15.1 It is the duty of any Consultant and/ or subcontractor, and all officers, directors, agents, partners and employees of any Consultant, to cooperate with the Inspector General of the City of Joliet in any investigation or hearing undertaken pursuant to Article XVI – Inspector General, of the City of Joliet Code of Ordinances.

The parties referenced in Section 15.1 agree to abide by all applicable provisions of Article XVI of the City of Joliet Code of Ordinances. The Consultant must inform their subcontractors of this provision and require understanding and compliance with the Ordinance.

ARTICLE X, SECTION 2-333 et seq. – ETHICS ORDINANCE:

15.2 The City of Joliet has an Ethics Ordinance which prohibits any appointed or elected official of the City of Joliet, or any employee of the City of Joliet from receiving or soliciting anything of value to influence that City official or employee in carrying out his or her official duties. The Consultant shall cooperate by refraining from offering any official or employee anything, item, service, or favor of value to influence that person’s decision on any City business. The Consultant shall immediately report any violation of the Ethics Ordinance to the Inspector General, including any solicitation of a thing of value by a City official or employee. The Consultant’s participation or encouragement in the violation of the Ethics Ordinance may result in the rejection of a bid, termination of AGREEMENT, or declaration of ineligibility to bid on future contracts.

15.3 The Parties shall comply with all local, state and federal laws, statutes, ordinances, rules, and regulations applicable to this AGREEMENT.

SECTION 16 – SEVERALABILITY

Should all or any part of this AGREEMENT be held unenforceable or invalid for any reason, the remaining portions of provisions shall be unaffected.

SECTION 17 – COUNTERPARTS

This AGREEMENT may be executed in multiple counterparts, each of which when so executed and delivered will be deemed to be an original agreement and all of which when taken together will constitute one and the same agreement.

SECTION 18 – ELECTRONIC SIGNATURES

This AGREEMENT may be executed through the use of electronic signatures. Electronic signatures and signatures scanned and transmitted via email will be deemed original signatures for purposes of this AGREEMENT.

SECTION 19 – NOTICE

All notices or other communications to or upon the respective Parties shall be in writing, delivered by email, or a reputable overnight mail service such as UPS or FED EX, and shall be effective for all purposes upon delivery of the e-mail, or one day following the deposit of the mailed notice with the overnight carrier to the City of Joliet, Attention: City Manager, 150 W. Jefferson, Illinois 60432, or to Consultant at its address listed in the EXHIBIT or as otherwise designated by Consultant.

SECTION 20 – AUTHORIZATION

The signatories to this AGREEMENT represent and warrant that they have full authority to sign this AGREEMENT on behalf of the Party for whom they sign. If a Party signs this AGREEMENT but fails to date its signature, the date that the last of the other Parties receives the signing Party’s signature on this AGREEMENT will be deemed to be the date that the signing Party signed this AGREEMENT.

The undersigned parties hereby execute this AGREEMENT as of the Effective Date first written above.

CITY OF JOLIET

By:

H. Elizabeth Beatty, City Manager

Date:

ATTEST:

Lauren O’Hara, City Clerk

Name:

Title:

APPENDIX 2

(50 ILCS 505/) Local Government Prompt Payment Act

(50 ILCS 505/1) (from Ch. 85, par. 5601) Sec. 1. This Act shall be known and may be cited as the "Local Government Prompt Payment Act". (Source: P.A. 84-731.)

(50 ILCS 505/2) (from Ch. 85, par. 5602) Sec. 2. This Act shall apply to every county, township, municipality, municipal corporation, school district, school board, forest preserve district, park district, fire protection district, sanitary district and all other local governmental units. It shall not apply to the State or any office, officer, department, division, bureau, board, commission, university or similar agency of the State, except as provided in Section 7. (Source: P.A.

85-1159.)

(50 ILCS 505/3) (from Ch. 85, par. 5603) Sec. 3. The appropriate local governmental official or agency receiving goods or services must approve or disapprove a bill from a vendor or contractor for goods or services furnished the local governmental agency within 30 days after the receipt of such bill or within 30 days after the date on which the goods or services were received, whichever is later. If one or more items on a construction related bill or invoice are disapproved, but not the entire bill or invoice, then the portion that is not disapproved shall be paid. When safety or quality assurance testing of goods by the local governmental agency is necessary before the approval or disapproval of a bill and such testing cannot be completed within 30 days after receipt of the goods, approval or disapproval of the bill must be made immediately upon completion of the testing or within 60 days after receipt of the goods, whichever occurs first. Written notice shall be mailed to the vendor or contractor immediately if a bill is disapproved. (Source: P.A. 94-972, eff. 7-1-07.)

(50 ILCS 505/4) (from Ch. 85, par. 5604) Sec. 4. Any bill approved for payment pursuant to Section 3 shall be paid within 30 days after the date of approval. If payment is not made within such 30 day period, an interest penalty of 1% of any amount approved and unpaid shall be added for each month or fraction thereof after the expiration of such 30 day period, until final payment is made.

(Source: P.A. 84-731.)

(50 ILCS 505/5) (from Ch. 85, par. 5605) Sec. 5. If the local governmental official or agency whose approval is required for any bill fails to approve or disapprove that bill within the period provided for approval by Section 3, the penalty for late payment of that bill shall be computed from the date 60 days after the receipt of that bill or the date 60 days after the goods or services are received, whichever is later. (Source: P.A. 84-731.)

(50 ILCS 505/6) (from Ch. 85, par. 5606)

Sec. 6. The time periods specified in Sections 3, 4 and 5, as they pertain to particular goods or services, are superseded by any greater time periods as agreed to by the local government agency and the particular vendor or contractor. (Source: P.A. 87-773.)

(50 ILCS 505/7) (from Ch. 85, par. 5607) Sec. 7. If the funds from which the local governmental official or agency is to pay for goods or services are funds appropriated or controlled by the State, then the local governmental official or agency may certify to the State Treasurer, Comptroller and State agency responsible for administering such funds that a specified amount is anticipated to be necessary within 45 days after certification to pay for specified goods or services and that such amount is not currently available to the local governmental official or agency.

The State Treasurer, Comptroller and State agency shall than expedite distribution of funds to the local governmental unit to make such payments. The certification shall be mailed on the date of certification by certified U. S. mail, return receipt requested. Any interest penalty incurred by the local governmental unit under Section 3 or 4 because of the failure of funds to be distributed from the State to the local governmental unit within the 45 day period shall be reimbursed by the State to the local governmental unit as an amount in addition to the funds to be otherwise distributed from the State.

(Source: P.A. 85-1159.)

(50 ILCS 505/9) (from Ch. 85, par. 5609) Sec. 9. Payments to subcontractors and material suppliers; failure to make timely payments; additional amount due. When a contractor receives any payment, the contractor shall pay each subcontractor and material supplier in proportion to the work completed by each subcontractor and material supplier their application less any retention.

If the contractor receives less than the full payment due under the public construction contract, the contractor shall be obligated to disburse on a pro rata basis those funds received, with the contractor, subcontractors and material suppliers each receiving a prorated portion based on the amount of payment. All interest payments received pursuant to Section 4 also shall be disbursed to subcontractors and material suppliers to whom payment has been delayed, on a pro rata basis. When, however, the public owner does not release the full payment due under the contract because there are specific areas of work or materials the contractor is rejecting or because the contractor has otherwise determined such areas are not suitable for payment, then those specific subcontractors or suppliers involved shall not be paid for that portion of the work rejected or deemed not suitable for payment and all other subcontractors and suppliers shall be paid in full.

If the contractor, without reasonable cause, fails to make any payment to his subcontractors and material suppliers within 15 days after receipt of payment under the public construction contract, the contractor shall pay to his subcontractors and material suppliers, in addition to the payment due them, interest in the amount of 2% per month, calculated from the expiration of the 15-day period until fully paid. This Section shall also apply to any payments made by subcontractors and material suppliers to their subcontractors and material suppliers and to all payments made to lower tier subcontractors and material suppliers throughout the contracting chain.

(Source: P.A. 94-972, eff. 7-1-07.)

APPENDIX 3

Statement of Qualifications Form

SUBMITTAL CERTIFICATION

The Statement of Qualification Form must be signed by an authorized agent. If the CONSULTANT is a corporation, the corporate seal must be affixed.

For proposals…