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HomeMy WebLinkAboutProfessional Consulting Engineering Services (004) VILLAGE OF OAK BROOK Purchasing Division 1200 Oak Brook Road Oak Brook, IL 60523 (630) 368-5164 REQUEST FOR QUALIFICATIONS PROFESSIONAL CONSULTING ENGINEERING SERVICES AUGUST 2022 TABLE OF CONTENTS SECTION 1. REQUEST FOR QUALIFICATIONS ................................................................................................ 1 A. NOTICE................................................................................................................................................................. 1 B. GENERAL INFORMATION ...................................................................................................................................... 1 SECTION 2. SCOPE OF SERVICES....................................................................................................................... 3 SECTION 3. QUALIFICATIONS STATEMENT ................................................................................................... 5 SECTION 4. REVIEW PROCESS ........................................................................................................................... 7 SECTION 5. RANKING OF QUALIFICATIONS .................................................................................................. 8 SECTION 6. SELECTION AND CONTRACT ........................................................................................................ 8 SECTION 7. RESERVATION OF RIGHTS ............................................................................................................ 8 SECTION 8. CONTRACT DOCUMENTS ............................................................................................................... 8 SECTION 9. SUBMITTAL PROCEDURES ............................................................................................................ 9 SECTION 10. STANDARD TERMS AND CONDITIONS ..................................................................................... 9 SECTION 11. ANTICIPATED TIMELINE ........................................................................................................... 14 SECTION 12. REQUIRED FORMS ....................................................................................................................... 15 i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc Section 1. Request for Qualifications A. Notice Posted on the Village of Oak Brook website August 31, 2022 Village of Oak Brook Request for Qualification Statements Professional Consulting Engineering Services August 2022 The Village of Oak Brook is soliciting qualification statements and proposals from consulting engineering firms with demonstrated experience in a variety of Municipal Engineering Services. Qualified firms interested in performing such services should obtain the detailed Request For Qualifications package from the Village’s Purchasing Division, 630-368-5164, or it can be downloaded from the Village’s website at www.oak-brook.org, or it can be picked up at the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the hours of 8 A.M. and 4:30 P.M., Monday through Friday. There is no charge for the package. Qualification statements should be addressed to: Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 The closing date and time for receipt of qualification statements is Wednesday September 14, 2022 at 3:00 P.M. prevailing time, after which time, additional submittals will not be accepted. The Village reserves the right to reject any or all statements of qualifications, to waive technical or legal deficiencies, to proceed or not to proceed with any subsequent proposal process, or to negotiate, without further process, any contract as may be in the best interest of the Village. All inquiries regarding this RFQ shall be submitted via e-mail to Rania Serences, Senior Purchasing Assistant at rserences@oak-brook.org. B. General Information The Village of Oak Brook is issuing this Request for Qualifications (RFQ) to solicit qualification statements and proposals from interested Engineering Firms to provide professional consulting engineering services for the following: 1. Civil Engineering • Prepare plans, specifications and cost estimates for a variety of projects ranging in size and complexity. Projects include storm sewer and storm water management, local roads, bikeways and pedestrian improvements, parks and streetscapes, i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc streambank stabilization, water main improvements, parking lots, bridges, and other structures. 2. Construction Engineering • Possess full knowledge of all facets of civil engineering projects, including highway and utility construction specifications, documentation requirements, and various public funding sources. 3. Stormwater Engineering • Expertise in roadway drainage, stormwater management, and waterway crossing analysis, from concept through permitting. Thorough knowledge of IDOT and Tollway drainage guidelines and IDNR-OWR permitting rules, and with local stormwater ordinances throughout the region. 4. Environmental Resources • Professionals in environmental resource projects, knowledgeable U.S. Army Corps of Engineers and IEPA permitting, woodland and wetland restoration, environmental and biological assessments and environmental impact statements, soil erosion and sediment control, and NPDES compliance. 5. Mechanical Engineering • Provide a wide range of unique services in both the mechanical and electrical disciplines. Project experience must include water main design and water system modeling, emergency standby power generator design, SCADA systems, storm sewer design, comprehensive lighting studies and roadway lighting design, sports field and landscape irrigation, energy efficient solutions, and administrative and recreational facilities renovations. 6. Municipal Engineering • Provide a full range of services related to the review and construction of new developments from concept plans through to final acceptance of improvements. Expertise on storm water and floodplain issues, grading and infrastructure, structural review, environmental compliance, and construction inspection services for everything from single family homes to large commercial projects. 7. Structural Engineering • Expertise from bridges to buildings, from concept to construction. Provides services that range from feasibility assessments and conceptual planning through final design and plan production. 8. Surveying Services • Possess registered professional land surveyors and field crews. 9. Traffic Engineering • Expertise in traffic operations, analysis and design. This includes project experience with traffic signal design, timings and implementation, signal system planning and design, monitoring of closed loop signal systems, and general traffic engineering studies. 10. Water Resources Engineering • Provide services related to stormwater drainage and floodplain analysis. Knowledgeable on best management practices, green infrastructure design, water quality impacts, stormwater permitting through the many local, county and federal agencies. i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc The primary purposes of this RFQ include: • Obtaining the best in class, exemplary professional service levels for the Village. • Maximizing operational efficiencies by prequalifying professional consulting engineering firms. • Obtaining the most competitive fees in the area for professional design and engineering services for the Village. The Village anticipates a single point of contact to serve as Village Engineer although the consulting firms may use additional resources and personnel for specific tasks. The Village Engineer shall maintain an office in a designated facility of the Village, with a computer, and maintain regular on-site weekly hours to provide the Village with a part-time staff presence. Daily management of the Village Engineer (as determined by the Village Manager depending on the assigned task) will include but not be limited to the Public Works Director and the Director of Development Services. Section 2. Scope of Services The selected consulting engineering firms must demonstrate they have the technical and project management qualifications to serve as consulting engineers. The selected Consultant Engineers shall provide the following: • Coordinate all aspects of capital improvement projects from design to closeout. • Prepare detailed plans, specifications, proposals, and cost estimates for projects. • Prepare bid documents with the assistance of the Senior Purchasing Assistant and assist Village in the review and selection of contractor proposals. • Conduct regular, ongoing inspection services of contractors’ work to ensure that construction is consistent with plans and specifications. • Develop and manage long-term plan for road paving, patching, prioritization and planning including collecting data and updating Village roadway condition ratings. • Review construction plans for proposed development projects and provide QA/QC comments and recommendations regarding the proposed improvements. • Prepare and submit all necessary applications and plans for permits from regulatory agencies (IDOT, IEPA, DuPage and Cook Counties, Tollway, MWRD, etc.). • Provide environmental engineering for energy, water, and transportation. • Provide engineering for bridges, bicycle and safety pathway, pedestrian access, right-of- way beautification, and lighting studies. • Prepare and submit documents with IDOT for annual programs. • Update and administer the Village’s Engineering Standards and Specifications. • Provide building and mechanical engineering for Village facilities. i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc • Perform studies, collect field observations, data collection, and develop recommendations to assist with various traffic, speed, and pedestrian engineering inquiries. • Respond to public right-of-way drainage and grading complaints. • Provide technical guidance relating to private property stormwater matters and assist with administration of DPI (Drainage Problem Inventory). • Coordinate response to FEMA Flood Insurance Rate Map updating process. • Attend occasional (not all) Village Board meetings along with other Committee and staff meetings. • Liaison to IDOT, DuPage County, DuPage Mayors & Managers Transportation Technical Committee, and other applicable agencies. • Knowledge of GIS systems to incorporate use of GIS mapping system in capital improvement planning. • Create and/or maintain GIS layer development/updating. • Grant identification, writing and submittal as requested. • Assist Village staff as needed. • Perform all duties of the Village Engineer as contained in the Oak Brook Village Code. • Water system hydraulic modeling and SCADA design and integration. • Storm sewer system condition and capacity analysis. • Stormwater management including plan review, floodplain permitting, mapping and administration, annual permit administration and maintenance, coordination with County and FEMA, perform all assigned duties as Village’s Stormwater Administrator • NPDES/MS4 administration and oversight. The selected firms shall serve as one of the Village’s potential sources for professional consulting engineering services. The firms shall provide services to the Village on a project-by- project basis, through project/task specific proposals, under the terms and conditions of the final and executed contract. Based on Village’s needs, the firms may be contracted to complete a single project/task, several projects/tasks, and/or a combination of projects and tasks in various disciplines. The project/task specific proposals will require the firms to include the following sections in their proposals: • Statement of understanding • Task based scope of services • List of deliverables • List of key personnel and their roles • Project schedule with milestones • Task based breakdown of hours, hourly rate, and not to exceed total fee i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc • Reimbursable expenses • List of items/services not included in the proposal The above section is for information only. However, it establishes the minimum proposal requirements when the Village will identify a project or task and will request the selected firms to provide their proposals. No information is required for this item in the RFQ response. The term of this contract shall be for five (5) years. The Village will have the sole option to renew for two (2) additional one (1) year terms. Section 3. Qualifications Statement Items to be addressed in the Qualification Statement shall at least include: 1. Firm Overview Provide a brief description of your firm. Discuss such items as size of staff, listing all local principals, individual departments, and how many staff members are licensed professionals within each department. Mention firm’s location(s). If your firm has more than one office, mention which office will act as the primary office where Village’s projects and tasks will be managed and executed, and their respective distance in mileage from the Village of Oak Brook, 1200 Oak Brook Rd. 2. Project Team Provide the names, qualifications, and resumes of specific project staff who will be dedicated to the services listed in this RFQ. Also, provide a brief description of relevant projects in which staff has played a central role and an organizational chart clearly delineating individual responsibilities. Information such as areas of specialty, office location, total years of experience, and years with firm and professional certifications must be included. All resumes included should be limited to a maximum of two pages per team member. To ensure an efficient and direct channel of communication, it is expected that the firm provide a primary point of contact/program manager as well as an alternate contact. Furthermore, it will assist in developing an institutional knowledge base for Village’s projects, infrastructure, and facilities as well as expedite all facets of a project. It is expected that there will be designated representatives and teams from the firm that will consistently respond to Village’s projects/tasks as they are issued and firms are selected. Immediate notice of changes will be required if there is a departure or addition to the key team member list. 3. Licenses Each firm submitting Qualifications Statements shall possess employees with all necessary federal, state, and local licenses as are required by law, and shall furnish satisfactory proof to the Village upon request that the licenses are in effect during the entire period of the contract. 4. Approach to Project Include a comprehensive discussion on the firm’s approach to providing these Consulting Engineering Services. i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc 5. Professional Consulting Engineering Services Below are the major services that may be requested by the Village. Identify services your firm wishes to be considered by the Village for as part of your qualification statement and proposal. Please be specific based upon the disciplines noted below. 1. Civil Engineering 2. Construction Engineering 3. Stormwater Engineering 4. Environmental Resources 5. Mechanical Engineering 6. Municipal Engineering 7. Structural Engineering 8. Surveying Services 9. Traffic Engineering 10. Water Resources Engineering 6. Services Offered Identify services your firm believes are aligned with your strengths, capabilities, and desires to be considered for in this RFQ. Please use the attached spreadsheet to identify services offered. From the selected services listed above, describe: • How your firm has approached those endeavors and has developed creative solutions to challenges encountered. • For each selected service, submit up to five (5) projects for the following consulting fees (it is understood by the Village that all firms may not have sample projects in all fee categories): o $0 to $99,000 o $100,000 to $299,000 o $300,000 to $500,000 o $500,000 and above • Scope and complexity, which your firm has participated and managed within the past five (5) years. • Provide narrative descriptions as well as your firm’s role, responsibility, and cost performance on each project. • Discuss such things as type of project, special features, design and construction schedule, and the overall construction budget. • Identify any of the proposed team members for this Qualification Statement that were a part of these project examples and describe in what capacity they served. i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc • For each project, provide client references that may be contacted for those described projects. 7. Project Controls Provide examples of tools that will be used by the proposed team to manage the flow of information received at staff meetings, user group meetings, owner design/management team meetings, coordination meetings, i.e., meeting minutes, issues tracking logs, and other related tools. 8. Differentiation of Capabilities Include any advantages regarding your Professional Consulting Engineering Services that differentiate your firm from your competition. This may include service/operational capabilities, cost reduction incentives/programs, finding and applying for financial grants/funds, and /or creative and unique services. For project funding and applications, mention which funds were pursued, average success rate, and average amount of funds received. 9. Hourly Rates Include proposed hourly rates for professional fees by job classification. Include direct hourly costs, overhead, and profit details. Also, provide a corresponding listing of key management, design, engineering, and consulting staff members within their job classification that will be considered a part of the team that will provide services on a regular basis to the Village. Section 4. Review Process The Village uses the Qualifications Based Selection (QBS) process. A short list of firms will be generated and interviews with those firms may take place. The Village will then attempt to negotiate a satisfactory contract with the firms deemed most qualified. The Village of Oak Brook reserves the right to waive any informality or technical error and to accept the firms deemed by the Village to be in its best interests. In reviewing engineering qualifications, the Village will consider the following factors: 1. The ability, capacity and skill of the firm to perform the contract to provide the services required. 2. Whether the firm can perform the contract or provide the services promptly, or within the time specified without delay or interference. 3. The character, integrity, reputation, judgment, experience and efficiency of the firm. 4. The quality of the performance on previous contracts for services. 5. The previous and existing compliance by the firm with laws and ordinances relating to the firm’s services. 6. The sufficiency of the financial resources and ability of the firm to perform the contract or provide the services. 7. Physical proximity of offices to the work site. i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc 8. The ability of the firm to provide future maintenance and service for the use of the subject of the contract. 9. The number and scope of conditions attached to the Qualification Statement. Additional criteria to be considered in reviewing qualifications: 1. Understanding of the Village’s current and future needs. 2. Oral interview (at Village option). 3. Demonstrated experience in assisting governmental entities with these types of services. 4. Quality and experience of staff proposed for projects by the firm. Section 5. Ranking of Qualifications Each Qualifications Statement will be reviewed and ranked according to the following criteria: a. Relevant firm experience Maximum of 25 points b. Hourly rates proposed Maximum of 20 points c. Primary team members (Village Consulting Engineer) experience Maximum of 25 points d. Ability to provide required services Maximum of 20 points e. Reference checks Maximum of 10 points Section 6. Selection and Contract Upon review of all responsive Qualifications Statements using the criteria outlined above, the Village may select firms to interview. Upon completion of the interviews, the Village anticipates the highest-ranking firms in the previous mentioned disciplines shall serve as one of the Village’s potential sources for consulting engineering services on a project-by-project basis, through project/task specific proposals, under the terms and conditions of the final and executed contract provided by the Village. The on-site single point of contact Village Engineer role with be a one-year term and selected annually thereafter. Section 7. Reservation of Rights The Village reserves the right to reject any or all Statement s of Qualifications, to waive technical or legal deficiencies, to proceed or not to proceed with any subsequent proposal process, or to negotiate without further process any contract as may be in the best interest of the Village. The Village reserves the right to make such inquiries regarding the firms’ qualifications and reputations, as it deems necessary to evaluate the firm. Section 8. Contract Documents All information, data, documents, photos, computer records, and other materials of any kind acquired or developed by the consultant pursuant to this project shall be the property of the Village. i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc Section 9. Submittal Procedures 1. RFQ Submittals The closing date and time for receipt of Qualification Statements is Wednesday September 14, 2022 at 3:00 P.M. prevailing time, after which time, additional submittals will not be accepted. All Qualification Statements shall be submitted in an opaque sealed envelope on or before the time stated and shall bear the name of the individual, firm, or corporation submitting the Qualification Statement. The envelope must state the project name: “Professional Consulting Engineering Services.” Six (6) copies of the Qualification Statement must be submitted to: Rania Serences, CPPB Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 The Village reserves the right to reject any or all statements of qualifications, to waive technical or legal deficiencies, to proceed or not to proceed with any subsequent proposal process, or to negotiate without further process any contract as may be in the best interest of the Village. 2. Questions and Clarifications All questions regarding this RFQ shall be submitted in writing via e-mail to Rania Serences, Senior Purchasing Assistant at rserences@oak-brook.org. Questions will be accepted until 12:00 p.m. CST on Wednesday, September 7, 2022. All questions and responses will be compiled and submitted to all Firms electronically in one general response memorandum by Friday, September 9, 2022. In order to enable the Village to equitably respond to requestor questions, the Village requests that prospective Proposers register in advance with the Village via e-mail at rserences@oak-brook.org. Section 10. Standard Terms and Conditions 1. Qualification Statements submitted are offers only, and the decision to accept or reject is a function of quality, reliability, capability, reputation, and expertise of the Firms submitting qualification statements. Issuance of this RFQ does not obligate the Village to pay any costs incurred by a Firm in its submission of a qualification statement or making any necessary studies or designs for the preparation of that qualification statement, or for procuring or contracting for the services to be furnished under this RFQ. 2. A Firm may withdraw its Qualification Statement, either personally or by written request, at any time prior to the scheduled deadline for submittals. No Qualification Statement shall be withdrawn for 90 days after the date set for opening Qualification Statements. Qualification Statements shall be subject to acceptance during this period. 3. The Village reserves the right to accept the Qualification Statement that is, in its judgment, the best and most favorable to the interests of the Village and to the public; to reject the low price proposal; to accept any item of any proposal; to reject any and all Qualification Statements; and to waive irregularities and informalities in any Qualification Statement submitted or in the RFQ process; provided, however, that the waiver of any prior defect or informality shall not be considered a waiver of any future or similar defect or informality. Firms should not rely upon, or anticipate, such waivers in submitting their Qualification Statement. i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc 4. The Village reserves the right to negotiate specifications, terms, and conditions, which may be necessary or appropriate to the accomplishment of the purpose of the RFQ. The Village may require the entire Qualification Statement be made an integral part of the resulting Contract. This implies that all responses, supplemental information, and other submissions provided by the Firm during discussions or negotiations will be held by the Village as contractually binding on the successful Firm. 5. If, through any cause, the firm fails to fulfill any of the obligations agreed to in a timely and proper manner, the Village shall have the right to terminate the Contract by notifying the firm in writing of such termination at least 30 calendar days in advance of such termination. 6. The Village reserves the right to request clarification of information submitted and request additional information as needed. 7. The term of the contract will be for five (5) years. The Village will have the sole option to renew for two (2) additional one-year (1) terms. 8. The Qualification Statement shall be submitted in an opaque sealed envelope on or before the time stated and shall bear the name of the individual, firm, or corporation submitting the Qualification Statement and the Project Name: “Professional Consulting Engineering Services.” 9. The Firm agrees to execute all documents within this Qualification Statement Package, obtain a Certificate of Insurance to the Village within fifteen (15) days after the receipt of the Notice of Award and the Contract. 10. Insurance – Certificates of Insurance and Additional Insured Endorsement shall be presented to the Village within fifteen (15) days after the receipt by the Firm of the Notice of Award and the unexecuted Contract, it being understood and agreed that the Village will not approve and execute the Contract until acceptable insurance certificates are received and approved by the Village. Each Firm performing any work pursuant to a Contract with the Village and each permittee working under a permit as required pursuant to the provisions of Title 1, Chapter 8 of the Code of Ordinances of the Village (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such Firm and permittee shall procure and maintain for the duration of the Contract or permit insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work under the Contract or permit, by either the Firm, permittee, or their agents, representatives, employees or subcontractors. A Firm or permittee shall maintain insurance with limits no less than: a) General Liability - $10,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, provided that when the estimated cost of the work in question does not exceed $5,000 the required limit shall be $500,000; b) Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; c) Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000 per accident. i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain, or be endorsed to contain, the following provisions: d) General Liability and Automobile Liability Coverage - I. The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured; premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officers, officials, employee’s volunteers or agents. II. The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. III. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. IV. The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. e) Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A: VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required insurance policies, at any time. i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 11. In submitting this Qualification Statement, the Firm further declares that the only person or party interested in the Qualification Statement as principals are those named herein, and that the Qualification Statement is made without collusion with any other person, firm or corporation. 12. By submitting a Qualification Statement, the Firm understands and agrees that, if the Qualification Statement is accepted, and the Firm fails to enter into a Contract forthwith, the company shall be liable to the Village for any damages the Village may thereby suffer. 13. The Village is exempt from Federal excise tax and the Illinois Retailer's Occupation Tax. This proposal cannot include any amounts of money for these taxes. 14. The Village authorizes the payment of invoices on the second and fourth Tuesday of the month. For consideration on one of these dates, payment request must be received no later than fourteen (14) days prior to the second or fourth Tuesday of the month 15. Indemnification – The Firm shall protect, indemnify, save, defend and hold forever harmless the Village and/or its officers, officials, employees, volunteers and agents from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including without limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village and/or its officers, officials, employees, volunteers and agents may incur, suffer or sustain, or for which the Village and/or its officers, employees and agents may become obligated by reason for any accident, injury to or death of persons or loss of or damage to property, or civil and/or constitutional infringement of rights (specifically including violations of the Federal Civil Right Statutes), arising indirectly or directly in connection with or under, or as a result of, this or any Contract by virtue of any act or omission of any of the Firm's officers, employees, subcontractors, and/or agents, provided that the Firm shall not be liable for claims, obligations, damages, penalties, causes of action, costs and expenses arising solely from any act or omission of the Village's officers, officials, employees, volunteers and/or agents. The Firm shall hold the Village harmless for any and all claims for labor, material, apparatus, equipment, fixtures or machinery furnished to the Firm for the purpose of performing the work under the Contract; and the payment of all direct and indirect damages to any person, firm, company or corporation suffered or sustained on account of the performance of such work during the time the Contract is in force. 16. Equal Opportunity – The Firm will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or handicap unrelated to bona fide occupational qualifications. 17. Execution of Documents – The Firm, in signing his Qualification Statement overall or on any portion of the work, shall conform to the following requirements: Qualification Statements signed by an individual other than the individual represented in the Qualification Statement documents shall have attached thereto a power of attorney evidencing authority to sign the Qualification Statement in the name of the person for whom it is signed. Qualification Statements that are signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Qualification i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc Statement a power of attorney evidencing authority to sign the Qualification Statement, executed by the partners. Qualification Statements that are signed for a corporation shall have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name. If an official other than the President of the Corporation manually signs such Qualification Statement, a certified copy of a resolution of the board of directors evidencing the authority of such official to sign the Qualification Statement shall be attached to it. Such Qualification Statement shall also bear the attesting signature of the Secretary of the corporation and the impression of the corporate seal. The Contract shall be deemed as have been awarded when formal notice of award shall have been duly served upon the intended awardee. 18. Non-Discriminating – The Firm, its employees and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. 19. Incurred Costs – The Village will not be liable in any way for any costs incurred by respondents in replying to this RFQ. Firm agrees to comply with all laws, ordinances, and rules of the Village and the State of Illinois. 20. Firm Responsibilities – The selected Firm will be required to assume responsibility for all services offered in this Qualification Statement. The Village will consider the selected Firm to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the Contract. 21. Default – The Contract may be canceled or annulled by the Village in whole or in part by written notice of default to the Firm upon nonperformance or violation of Contract terms. An award may be made to another Firm with services similar to those so terminated. Failure of the Firm to deliver services within the time stipulated on his offer, unless extended in writing by the Village, shall constitute Contract default. 22. Independent Contractor – There is no employee/employer relationship between the Firm and the Village. Firm is an independent contractor and not the Village’s employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker’s Compensation Act (820 ILCS 305/1, et seq.). The VILLAGE will not (i) provide any form of insurance coverage, including but not limited to health, worker’s compensation, professional liability insurance, or other employee benefits, or (ii) deduct any taxes or related items from the monies paid to Firm. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Firm and the Village, and the Village is not and will not be liable for any obligations incurred by the Firm, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship or partnership between the Village and the Firm. 23. Governing Law – The laws of the State of Illinois as to interpretation, performance and enforcement shall govern this Contract. The forum for resolving any disputes concerning the i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc parties’ respective performance or failure to perform under this Contract shall be the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. Section 11. Anticipated Timeline • RFQ Released August 31, 2022 • Questions Due September 7, 2022 • Issuance of Responses to Questions September 9, 2022 • RFP Due Date September 14, 2022 • Selection of Firms December 13, 2022 • Approval of Contracts December 13, 2022 i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc Section 12. Required Forms A. Professional Services Checklist Firm Name: SERVICE CHECK ALL THAT APPLY 1. Civil Engineering 2. Construction Engineering 3. Stormwater Engineering 4. Environmental Resources 5. Mechanical Engineering 6. Municipal Engineering 7. Structural Engineering 8. Surveying Services 9. Traffic Engineering 10. Water Resources Engineering i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc B. References. 1. Company Name: Address: Phone #: Contact: 2. Company Name: Address: Phone #: Contact: 3. Company Name: Address: Phone #: Contact: 4. Company Name: Address: Phone #: Contact: 5. Company Name: Address: Phone #: Contact: i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc B. Consultants Certification The undersigned, being first duly sworn an oath, deposes and states that he has the authority to make this certification on behalf of the proposer for the construction, product, commodity, or service briefly described as follows: “Professional Consulting Engineering Services.” 1) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled Statutes, 1993, the proposer is not barred from bidding on this agreement as a result of a conviction for the violation of State of Illinois laws prohibiting bid rigging or bid-rotating. 2) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-42.1-1 of the Illinois Compiled Statutes, 1993, the proposer is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. 3) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the Illinois Compiled Statutes, 1993, the proposer has a written sexual harassment policy in place including the following information: a) An acknowledgment of the illegality of sexual harassment. b) The definition of sexual harassment under State law. c) A description of sexual harassment, utilizing examples. d) The Consultant’s internal complaint process including penalties. e) The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. f) Directions on how to contact the Department or the Commission. This business firm is: (check one) _____ Corporation _____ Partnership _____ Individual Firm Name: Address: City, State, ZIP: Signature: Name Printed: Title: Telephone: Date: i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc ATTEST: ___________________________ -SEAL- SUBSCRIBED AND SWORN TO before me this ______ day of _____________, 2022. _____________________________ Notary Public i:\finance\shared\bids & rfps\2022\professional consulting engineering services (004).doc C. Sexual Harassment Policy hereinafter referred to as “Consultant” having submitted a qualification statement/bid/proposal for to the Village of Oak Brook, DuPage/Cook Counties, Illinois, hereby certifies that said Consultant has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4) including the following information: 1) An acknowledgment of the illegality of sexual harassment. 2) The definition of sexual harassment under State law. 3) A description of sexual harassment, utilizing examples. 4) The proposer’s internal complaint process including penalties. 5) The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6) Directions on how to contact the Department or the Commission. 7) An acknowledgment of protection of a complaint against retaliation as provided in Section 6-101 of the Human Rights Act. Each consultant must provide a copy of such written policy to the Illinois Department of Human Rights upon request. By: Authorized Agent of Firm ATTEST: ___________________________ -SEAL- SUBSCRIBED AND SWORN TO before me this ______ day of _____________, 2022. _____________________________ Notary Public