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R-41-25 Approving A Professional Services Consulting Agreement41-21517 VILLAGE OF EMONT418 Main Street ( Lemont, IL 60439 TO: Village Board Meeting FROM: George Schafer, Administration THROUGH: SUBJECT: A Resolution Approving A Professional Services Consulting Agreement Between H.W. Lochner, Inc. and the Village of Lemont for the Smith Road Area Corridor Study DATE: June 9, 2025 SUMMARY/BACKGROUND Presented for Village Board approval is a profession services consulting agreement that would conduct a corridor study for Smith Road from 135th Street to 127th Street near the Village of Lemont to evaluate the existing conditions, the potential improvements to restrict truck traffic, among other goals. The project would include a data collection and review component (existing plans, traffic data, etc.) of the various roads within the area, an economic development study (land use and zoning review, utility service feasibility), an analysis of proposed improvement (truck routing, capacity), truck restriction options (jurisdictional transfer options and legal requirements), etc. There will be a final corridor study report presented to a future committee meeting upon completion of the project. The study was discussed at the May Committee of the Whole where the board made comment and was favorable on the project. The not to exceed costs of the engagement is $86,986. A portion of the project was was funded in the FY 25-26 budget, as it was first planned as an economic development study for the corridor during that time period. After further review and feedback of the conditions, a more comprehensive study of the truck routing/restriction and related conditions is also needed at this time for the board to make better informed decisions for this area. As a result, staff recommends moving forward with the full comprehensive study at this time and we can amend the budget accordingly. ANALYSIS Consistency with Village Policy Lemont 2030 Comprehensive Plan STAFF RECOMMENDATION Approve consulting agreement BOARD ACTION REQUESTED Motion to Approve ATTACHMENTS Resolution Approving Professional Services Consulting Agreement with H.W. Lochner for Smith Rd Area Corridor Study.pdf 25254_Lemont SmithRd_CorridorStudy_Proposal_20250530.pdf VILLAGE OF LEMONT RESOLUTION NUMBER R- 41 -25 RESOLUTION APPROVING A PROFESSIONAL SERVICES CONSULTING AGREEMENT BETWEEN H.W. LOCKNER, INC. AND THE VILLAGE OF LEMONT FOR THE SMITH ROAD AREA CORRIDOR STUDY JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk SAM FORZLEY JANELLE KITTRIDGE KEN MCCLAFFERTY KEVIN SHAUGHNESSY RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on"-1-2025 RESOLUTION NO. R- q ( -25 RESOLUTION APPROVING A PROFESSIONAL SERVICES CONSULTING AGREEMENT BETWEEN H.W. LOCHNER AND THE VILLAGE OF LEMONT FOR THE SMITH ROAD AREA CORRIDOR STUDY WHEREAS the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois, ("the Village") is a municipality in the State of Illinois with full powers to enact Ordinances and adopt Resolutions for the benefits of the residents of the Village; and WHEREAS, the Village and H.W. Lochner wish to enter a professional services consulting agreement for Professional Services Consultation Services as further outlined in the professional services agreement attached hereto as Exhibit A ("Agreement"); and WHEREAS, the Mayor and Board of Trustees find that it is in the best interests of the Village to authorize the Agreement attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows: SECTION 1: That the above recitals and legislative findings are found to be true and correct and are hereby incorporated herein and made a part hereof as if fully set forth in their entirety. SECTION 2: The Mayor and Board of Trustees of the Village of Lemont hereby approve the Agreement with H.W. Lochner, Inc. in substantially the same form as attached hereto as Exhibit A, subject to attorney review. SECTION 3: The Mayor and Clerk are hereby authorized, respectively, to execute the Agreement with HR Green, Inc. SECTION 4: This Resolution, and its parts, are declared to be severable and any section, subsection, sentence, clause, provision, or portion of this Resolution that is declared invalid such decision shall not affect the validity of any other portion of this Resolution, which shall remain in full force and effect. SECTION 5: All Resolutions and Ordinances in conflict herewith are hereby repealed to the extent of such conflict. ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS DAY OF �,yl 2025 PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Samuel J. Forzley V Janelle Kittridge Ken McClafferty Kevin Shaughnessy Z Rick Sniegowski L/ Ron Stapleton John Egofske, Village President Attest. - Charlene M. Smollen, Village Clerk G�OFIec v �O -St AL v � -� /ZCIN0'0 Exhibit A Professional Services Consulting Agreement cf- Lochner CONSULTANT AGREEMENT Owner: Village of Lemont, Illinois Client: Village of Lemont, Illinois Consultant: H.W. Lochner, Inc. ("Lochner") 225 W. Washington St, 1211 Floor Chicago, IL 60606 Date: May 30", 2025 Project: Smith Road Corridor Study Lochner and the Client (collectively, the "Parties" and individually, a "Party") agree as follows: 1. Agreement. This Agreement is a contract between Lochner and the Client for Lochner to perform consulting, engineering, and/or design services on the Project. 2. Lochner. Lochner is the Client's Consultant for the services listed in this Agreement which Lochner is contracting to provide for the Project, and Lochner shall facilitate the exchange of information between or among Lochner and the Client, Lochner and other consultants retained by the Client, and Lochner and other consultants that Lochner may have retained for the Project. All communications between Lochner and the Client shall be through Lochner unless the Client authorizes otherwise. Lochner represents that it is a properly licensed engineering firm and is registered to practice its profession and to conduct business in the State of Illinois. 3. Scope of Services. Lochner shall perform the services set forth in Attachment A Scope of Work/Services, as awarded herein (the "Services"). 4. Compensation. The Client shall compensate Lochner in accordance with Attachment B Agreement Price and Schedule of Values 5. Schedule. Lochner shall perform its Services within a timeframe mutually agreed to by Lochner and the Client. Lochner shall strive to cooperate with and to coordinate its Services with the activities of all other parties to the Project, including other consultants retained by the Client. 6. Additional Services. If the Client requests Lochner to perform services that Lochner believes to be in addition to the Services specified in Section 3 of this Agreement, and for which Lochner believes it is entitled to additional time or additional compensation, before commencing with any Additional Services Lochner shall submit a written cost estimate and revised schedule in accordance with Section 15 of this Agreement. Lochner shall not commence with any Additional Services without written authorization by the Client. 7. Standard of Care. The standard of care applicable to Lochner's Scope of Services shall be the degree of skill and care normally employed by professionals engaged to perform services similar to the Services required herein at the same time and in the same geographic area as the performance of Services hereunder and on projects similar in size and scope to the Project. In the event a standard of care is prescribed by statute, such statutory formulation shall be the Standard of Care. cf— Lochner 8. Payment. Lochner shall send invoices to the Client at monthly intervals. Payment will be made to Lochner for invoiced Services not more than thirty (30) days following submittal of invoice to the Client. 9. Correction of Work. Lochner shall correct any Services that fail to conform to the Standard of Care set forth in Section 7 of this Agreement at Lochner's own expense. 10. Termination. Lochner may terminate this Agreement upon five (5) days written notice if the Client breaches any term of this Agreement. The Client may terminate this Agreement upon seven (7) days written notice without cause for the Client's own convenience. If this Agreement is terminated by Lochner for the Client's breach, the Client shall be liable to Lochner for all costs and expenses that Lochner incurred prior to the termination as a result of the Client's breach. If this Agreement is terminated by the Client for its convenience, Client shall be liable to Lochner for all costs and expenses that Lochner incurred prior to the termination. 11. Insurance. Lochner will provide and maintain the following policies of insurance under the terms and conditions set forth below: 1. Professional Liability Insurance retroactive to the date of commencement of Lochner's services in relation to the Project with a per claim and aggregate limit in the amount of the greater of $1.0 million. This policy shall be maintained in effect for a period of one (1) year after completion of all Lochner's Services hereunder. 2. Commercial General Liability ("CGL") Insurance in the amount of $1.0 million per occurrence, $1.0 million aggregate limit, and $1.0 million products and completed operations aggregate limit. In addition to the coverage provided by the Commercial General Liability Insurance, if not already included in such coverage, such insurance shall also provide coverage for personal injury, bodily injury, property damage, products -completed operations (for a minimum of five (5) years after completion of work) and broad form contractual liability. 3. Comprehensive Automobile Liability ("Auto") Insurance in the amount of $1.0 million per occurrence, and $1.0 million aggregate limit. In addition to the coverage provided by the Comprehensive Automobile Liability Insurance, if not already included in such coverage, such insurance shall also provide coverage for personal injury, bodily injury and property damage arising out of owned, hired, leased and non -owned vehicles, automobiles, trucks and trailers. 4. Workmen's Compensation Insurance in the amount of the statutory maximum, if there is one, and if there is no statutory maximum, in the amount of $1.0 million and Employer's Liability Insurance of at least $1.0 million. 5. Umbrella Excess Liability Insurance in the minimum amount of $3.0 million each occurrence, and $3.0 million aggregate limit. The Umbrella Excess Liability Insurance shall be written on an umbrella excess basis over, and shall follow form to, the Commercial General Liability Insurance policy, the Comprehensive Automobile Liability Insurance policy, and the Employer's Liability Insurance policy. The Umbrella Excess Liability Insurance policy shall be endorsed to provide defense coverage obligations. Lochner will include coverage for its subcontractors in its policies or obtain from each subcontractor equivalent insurance as required of Lochner hereunder. The provisions of Section 11 shall apply equally to Lochner's subcontractors as they do to Lochner. All insurance policies will be endorsed to provide that the insurance company will give the Client at least thirty (30) days written notice of cancellation or material change prior to such cancellation or modification. Prior to commencement of Lochner's Scope of Services hereunder, Lochner shall provide the Client with certificates of insurance evidencing the requirements set forth herein. 2 OP- Lochner 12. Indemnification. Lochner agrees to indemnify the Client and its officers, directors, members, managers, employees and assigns (the "Indemnitees") from and against liability, claims, damages, losses and expenses (including, but not limited to, reasonable attorneys' fees, expert witness costs, other litigation costs, judgments, settlements and economic losses) (collectively the "Losses" and individually, a "Loss") arising out of or resulting from negligent performance of any Services or duties under this Agreement by Lochner, its subcontractors, lower -subcontractors, or agents of any tier or their respective employees provided, however, that in the event of a Loss arising out of damages to persons or property, the foregoing obligation (1) shall not require Lochner to indemnify any Indemnitee for Losses other than to the extent caused by the act, omission or default of Lochner, its contractors, subcontractors, lower -subcontractors, materialmen, or agents of any tier or their respective employees, where such is prohibited by law, and (2) shall not require Lochner to indemnify any Indemnitee for Losses caused in whole or in part by any act, omission, or default of the Indemnitee, where such is prohibited by law. If the obligation to indemnify set forth in this Section is broader than that allowed by applicable law, this Section should be interpreted as providing the broadest indemnification obligation permitted and should be limited only to the extent necessary to comply with that law. Lochner shall reimburse the Client for its reasonable attorneys' fees, expert witness costs and other litigation costs to enforce this Section 12 and shall survive the termination or full performance of this Agreement by either or both Lochner and/or the Client. Section 12 is to be read separately and independently of Section 11 and the additional insured obligations therein contained. 13. Waiver of Immunity. In claims against any person or entity indemnified under Section 12 by an employee of Lochner, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable (a "Claimant"), the indemnification obligation under Section 12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Claimant's employer under workers' compensation acts, disability benefit acts or other employee benefit acts. 14. Ownership of Documents. If the Agreement requires that any of the Client's documents, drawings, plans, specifications, or other work product are, or shall become, the property of another person, Lochner shall, at the Client's request, assign all rights of ownership of any like document prepared by Lochner to the same person. 15. Changes. Client may, by written direction only, make changes, revisions, additions, or deletions (collectively called "changes") to this Agreement. Any claim by Lochner for an adjustment under this paragraph must be asserted in writing fully supported by factual documentation to the Client, within fifteen (15) calendar days from the date of receipt by Lochner of the written change order from the Client, or within such extension of this period as Client, in its sole discretion, may grant in writing at Lochner's request prior to expiration of said period. Claims arising under this Agreement shall be decided in the state or federal courts located in Illinois. 16. Confidentiality. Lochner acknowledges, that as part of Lochner's relationship with the Client, it will have access to information that is not publicly available ("Confidential Information"). Lochner agrees that it will maintain strict confidentiality with respect to such Confidential Information and will not, directly, or indirectly, disseminate it or use it for any purpose unrelated to Lochner's obligations under this Agreement. Lochner shall not, without the prior written consent of the Client, make any public statement, announcement or release concerning the Project or the Confidential Information to trade publications, the press, or any other individual, corporation, partnership, or entity except as may be necessary to comply with the requirements of any applicable law, governmental order or regulation. In the event Lochner believes it is required to disclose any Confidential Information in order to comply with any applicable law, governmental order or regulation, Lochner shall promptly (fp- Lochner notify the Client of same with sufficient time to allow the Client to object or otherwise take actions to prevent the disclosure of such Confidential Information. 17. Quality Control/Quality Assurance. Lochner shall perform Quality Control/Quality Assurance (QC/QA) commensurate with the Standard of Care throughout the provision of all Services by Lochner pursuant to the terms of this Agreement. 18. Miscellaneous Provisions. 1. Assignment. Lochner shall not assign this Agreement or the benefits arising therefrom without the prior written consent of the Client. 2. Integration. This Agreement represents the entire and integrated Agreement between Lochner and the Client and supersedes all prior negotiations, representations or agreements, either written or oral. 3. Third Parties. There are no third -party beneficiaries to this Agreement other than as expressly indicated in Section 11 (Insurance) and Section 12 (Indemnification). 4. Invalidity. In the event any provision or part of a provision of this Agreement is found invalid by a tribunal of competent jurisdiction, (i) the other provisions or parts of the provision of this Agreement shall remain in full force and effect notwithstanding such finding, and (ii) the Agreement shall be interpreted to, as closely as possible, effectuate the purpose the original Agreement language. 5. Mutually Negotiated. The Parties acknowledge that the terms and conditions of this Agreement have been the subject of mutual negotiation, and that this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any provision of this Agreement. 6. Survival. Notwithstanding anything herein to the contrary, the provisions of this Agreement providing for limitation of or protection against liabilities between the Parties, shall survive termination of the Agreement and/or completion of the Services hereunder. 7. Limitation of Liability. Lochner's liability for any claim or breach of Standard of Care shall be limited to the amount of its Compensation as defined in Section 4. 8. Notices. Unless otherwise provided herein, all notices, requests, consents, approvals, demands and other communications to be given hereunder shall be in writing and shall be deemed given upon (a) the date of delivery when hand delivered to the respective Parties as set forth below, or (b) actual receipt as evidenced by proof of delivery by a national courier service or the United States Postal Service, addressed to the respective Parties at the following addresses: Notice to Lochner: Notice to Client: Paul Loete George Schafer Area Manager Village Administrator H. W. Lochner, Inc. Village of Lemont 225 W. Washington St, 12th Floor 418 Main St Chicago, IL 60606 Lemont, IL 60439 9. Mutual Waiver of Consequential Damages. In no event shall either Party, their members, managers, affiliates, officers, directors, employees, agents, or shareholders be liable to the other Party for any special, incidental or consequential damages, direct or indirect, including, but not limited to, lost revenue, lost profits, financing costs, overhead, penalties, fines, liquidated damages and lost CI cf- Lochner opportunities, whether incurred by a Party or by third parties to that Party may be liable, whether sounding in breach of contract, warranty, tort (including negligence), strict or statutory liability or otherwise, arising from or relating to the Services under this Agreement. 10. Electronically Produced Documents. Electronically produced documents will be submitted in data files compatible with AutoCAD Release 2020. Lochner makes no warranty as to the compatibility of the data files beyond the above specified hardware and release or version of the stated software. Because data stored on electronic media can deteriorate undetected or be modified without Lochner's knowledge, the electronic data files submitted to the Sponsor or other Agencies will have an acceptance period of thirty (30) days. If during that period the Sponsor or other Agencies find any errors or omissions in the files, Lochner will correct the errors or omissions as a part of the basic Agreement. Lochner will not be responsible for maintaining copies of the submitted electronic data files after the acceptance period. 11. Engineer's Opinion of Probable Project Cost and Construction Cost. Since Lochner has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s) methods of determining prices, or over competitive bidding or market conditions, Lochner's opinions of probable Project Cost and Construction Cost provided for herein are to be made on the basis of Lochner's experience and qualifications and represent its best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but Lochner cannot and does not guarantee that proposals, bids or actual Project or Construction Cost will not vary from opinions of probable cost prepared by Lochner. However, Lochner represents that it will use reasonable engineering care and judgment commonly exercised by an engineer in the same or similar circumstances in making and transmitting such cost estimates to the Client. 12. Force Majeure. Any delay or failure of Lochner in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God, war, riot, strike, fire, storm, flood, windstorm, discovery or uncovering of hazardous or toxic materials or causes beyond the reasonable control of Lochner, provided that prompt written notice of such delay or suspension be given by Lochner to the Client. Upon receipt of said notice, if necessary, the time for performing shall be extended for a period of time reasonably necessary to overcome the effect of such delays and Lochner shall be reimbursed for the cost of such delays. 13. Client's Responsibilities. a. Arrange for access to and make all provisions for Lochner to enter upon public and private property as required for it to perform his/her services. b. Assist in approvals and permits from all governmental entities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. c. Designate in writing a person to act as Client representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, and interpret and define Sponsor policies and decisions. d. Give prompt written notice to Lochner whenever Client observes or knows of any development that affects the scope or timing of Lochner's services. e. Pay publishing cost for advertisements of notices, public hearings, request for bids, and other similar items. The Sponsor shall pay for all permits and licenses that may be required by local, state or federal authorities; and shall secure the necessary land, easements and rights -of -way required for the project. Cf- Lochner f. Available information relating to environmental conditions at the property, including any permits, clearances, investigations, and remediation required for federal, state, and local agencies identified by environmental consultants for the Sponsor in currently available reports. H.W. LOCHNER, INC. VILLAGE OF LEMONT, ILLINOIS By: Title: Date: Attachments By: Title: 1�7/4'U Date: n-' 1 \ 7/(✓ Attachment A Scope of Work/Services Attachment B Workhour Estimate & Compensation Estimate �'- Lochner Attachment A — Scope of Services Lochner understands that the Village would like to conduct a corridor study for Smith Road from 135th Street to 127th Street in the Village of Lemont to evaluate the existing conditions, the potential improvements to restrict truck traffic, and the ability of the existing corridor to accommodate bicyclists and pedestrians. Lochner will perform the following scope of services under this agreement: I. DATA COLLECTION AND REVIEW A. Existing Plans and Adjacent Improvements Lochner will collect available existing roadway plans, drainage studies, bicycle and pedestrian plans, utility studies, traffic studies, planning studies, freight studies, and planned adjacent improvements from the Village of Lemont, IDOT, Cook County, Will County, Lemont Township, DuPage Township, and other consulting firms. B. GIS Data Lochner will collect GIS data from available sources relevant to the project including topographic data, contours, parcels, right of way, land use, and zoning. C. Traffic Data Vehicular turning movement traffic counts will be collected at the following intersections. See GHA scope attached for more information. • 127th Street and Smith Road • 1271h Street and High Road • 1351h Street and Smith Road • 1351h Street and New Avenue • 1351h Street and Archer Avenue Additional traffic data that will be collected from various sources includes crash data, designated truck routes, ownership and jurisdiction and maintenance responsibility. D. Existing Utilities Existing utility information will be provided by HR Green. E. Field Reconnaissance It is estimated there will be one reconnaissance field visit to the site to collect/supplement various information for the project, including pedestrian and truck routes used through the project area. A drone flight may be utilized to capture additional information as appropriate. 7 cf- Lochner II. ECONOMIC DEVELOPMENT STUDY A. Land Use and Zoning Review Lochner will review and summarize the future land use maps, recent studies, and implementation strategies provided by the Village of Lemont and other applicable agencies regarding future development along 135th Street and Smith Road. B. Utility Service Feasibility Lochner will incorporate in to the report the utility service feasibility study provided by HR Green. III. PROPOSED IMPROVEMENT STUDY A. Truck Routing Analysis The traffic counts will be used to identify truck routing patterns in the project study area, notably the number of trucks that use Smith Road to travel from 135th Street to 127th Street. The volume of trucks that could be diverted off of Smith Road through a signed prohibition will be identified. B. Capacity Studies The traffic counts and existing intersection geometrics will be used to identify the current operational characteristics and capacities of the following intersections: • 127th Street and Smith Road 127th Street and High Road • 135th Street and Smith Road • 135th Street and New Road 135th Street and Archer Avenue The capacity studies will also be performed for the scenario where trucks are prohibited from using Smith Road and are re-routed to the intersection of 135th Street and Archer Avenue. C. Pedestrian and Bicycle Studies The ability of the existing Smith Road corridor to accommodate bicyclists and pedestrians will be reviewed. Concept -level improvements to improve safety and connectivity between origins and destinations in the project area will be developed. A combined high level cost estimate will be developed for the identified improvements. The following exhibits will be developed: a typical roadway/path section for Smith Road and concept -level plan drawings showing pedestrian signalization at Bambrick Park. cf- Lochner IV. TRUCK RESTRICTION STUDY Lochner will review and summarize the jurisdictional transfer process per IDOT BLRS Manual Section 5-2 and IDOT BLRS Highway Jurisdiction Guidelines for Highway and Street Systems. Lochner will evaluate the legal requirements and methods for the Village of Lemont to prohibit through -trucks on Smith Road. V. AGENCY COORDINATION Lochner will work in partnership with Clay Shipley of Shipley Design Group, PLLC with the coordination of the following agencies: • Will County o Jurisdiction of 13511 St from New Ave to Archer Ave • Cook County o Jurisdiction of Smith Rd from 127'h St to 13511 St, and 127th St from Smith Rd to Veteran's Memorial Tollway • IDOT o Jurisdiction of New Ave and Archer Ave • Village of Lemont o Jurisdiction of 127th St from New Ave to Smith Rd o Jurisdiction of High Road from 1271h Street to 13511 Street • Illinois Tollway o Jurisdiction of Veterans Memorial Tollway • DuPage Township • Lemont Township • Village of Romeoville Lochner will prepare and attend up to eight (8) virtual meetings with the above agencies. Meeting preparation will include agenda, exhibits, and follow-up coordination of meeting minutes. Lochner will collaborate with Shipley Design Group, PLLC and HR Green for agency coordination. Lochner will prepare for and attend one meeting of the Village of Lemont Committee of the Whole on a date to be determined. VI. DOCUMENT PREPARATION A. Draft Corridor Study Report A draft Corridor Study Report will be prepared that will document existing conditions, traffic data, truck routes, jurisdictional discussion, zoning, economic development, pedestrian and bike studies, and agency outreach documentation. A PDF of the draft Corridor Study Report will be prepared and submitted to the Village of Lemont for review and comments. 0 Cf- Lochner B. Final Corridor Study Report The draft Corridor Study Report will be revised in response to the Village of Lemont comments. A written disposition of the comments will be prepared. A final PDF copy of the report will be produced and distributed following the resolution of any remaining comments. VII. PROJECT ADMINISTRATION A. Internal Administration Activities Administration and coordination of project team, including analysis meetings, status meetings, staffing, budgets, schedule controls, progress reports, billings, and contract administration. B. Quality Control / Quality Assurance Lochner will perform quality control and quality assurance reviews according to the Quality Plan established for the project. VIII. EXCLUSIONS The following items are not included in the scope of services: a. Topographic survey b. Geotechnical investigation c. Special waste studies d. Wetland studies e. Drainage studies f. Field verification of utilities g. Intersection design studies h. Roadway and/or sidewalk profiles i. Hardcopy submittal (all submittals will be electronic) j. Public involvement k. Environmental Survey Request through IDOT I. Regulatory Agency Coordination m. Intergovernmental Agreements n. Jurisdictional Transfer documentation o. Presentations at Village of Lemont Board meetings p. Preliminary or final design of any roadway, sidewalk, or path improvements q. JULIE design utility request 10 W Q LU x E LL m z Ln O O NCD H U) cO G V a N N CI- E O m � O L � U N _ N Cl) O W On U L L C (0 rn co VN U c a O a U � N N y E O c C N N E c c c o N4 W O z e C o ,It o co M �- O cn � U 0 LL LL O =ir—o W x > J Oa 2 O U W _I m � H Q ui z _0 F- W Q CL N U � O z W 0 ..� N N N N N NO } tD � t�� cn O M W Q � a W F- ULLI U) z F Q L�L7 W F- Vi z O U P�: LL z NO co �-- o Q oQ > U a� Ld � w In LO 0 m 0 0 0 0 LO N O N O Q LO O -0— N Iv C O1 i m 6- a- Local Public Agency County Section Number Villa e of Lemont Cook JTBD Consultant / Subconsultant Name Job Number H.W. Lochner, Inc PAYROLL RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE MAXIMUM PAYROLL RATEI 90.00 ESCALATION FACTORI 0.00% CLASSIFICATION IDOT PAYROLL RATES ON FILE CALCULATED RATE Principal $90.00 $90.00 Project Manager 1 $73.13 $73.13 Engineer Associate 1 $37.76 $37.76 Engineer 1 $49.91 $49.91 Engineer ►V $87.78 $87.78 Project Accounting Specialist $48.09 $48.09 Planner 1 $37.71 $37.71 BLR 05514 (Rev. 02/06/25) Printed 5/30/2025 12:42 PM RATES Page 1 of 1 Local Public Agency County Section Number Village of Lemont Cook TBD Consultant / Subconsultant Name Job Number H.W. Lochner, Inc SUBCONSULTANTS EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET NAME Total Contribution to Prime Direct Labor Total I Consultant 0.00 0.00 NOTE: Only subconsultants who fill out a cost estimate that splits out direct labor may be listed on this sheet. Local Public Agency Count Village of Lemont JCook Consultant / Subconsultant Name H.W. Lochner, Inc DIRECT COSTS WORKSHEET Section Number TBD Job Number List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project. EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET ITEM ALLOWABLE QUANTITY CONTRACT RATE TOTAL Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Actual Cost (Up to state rate maximum $0.00 Lodging Taxes and Fees (per GOVERNOR'S TRAVEL CONTROL BOARD Actual Cost $0.00 Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval $0.00 Vehicle Mileage (per GOVERNOR'S TRAVEL CONTROL BOARD Up to state rate maximum 300 $0.67 $201.00 Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day 3 $65.00 $195.00 Vehicle Rental Actual Cost (Up to $55/day) $0.00 Tolls Actual Cost 1 $75.00 $75.00 Parking Actual Cost $0.00 Overtime Premium portion (Submit supporting documentation) $0.00 Shift Differential Actual Cost (Based on firm's policy) $0.00 Overnight Delivery/Postage/Courier Service Actual Cost (Submit supporting documentation) $0.00 Copies of Deliverables/Mylars (In-house) Actual Cost (Submit supporting documentation) $0.00 Copies of Deliverables/Mylars (Outside) Actual Cost (Submit supporting documentation) $0.00 Project Specific Insurance Actual Cost $0.00 Monuments (Permanent) Actual Cost $0.00 Photo Processing Actual Cost $0.00 2-Way Radio (Survey or Phase III Only) Actual Cost $0.00 Telephone Usage (Traffic System Monitoring Only) Actual Cost $0.00 CADD Actual Cost (Max $15/hour) $0.00 Web Site Actual Cost (Submit supporting documentation) $0.00 Advertisements Actual Cost (Submit supporting documentation) $0.00 Public Meeting Facility Rental Actual Cost (Submit supporting documentation) $0.00 Public Meeting Exhibits/Renderings & Equipment Actual Cost (Submit supporting documentation) $0.00 Recording Fees Actual Cost $0.00 Transcriptions (specific to project) Actual Cost $0.00 Courthouse Fees Actual Cost $0.00 Storm Sewer Cleaning and Televising Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Traffic Control and Protection Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Aerial Photography and Mapping Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Utliity Exploratory Trenching Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Testing of Soil Samples Actual Cost $0.00 Lab Services Actual Cost (Provide breakdown of each cost) $0.00 Equipment and/or Specialized Equipment Rental Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 GHA Traffic Data Collection Services Actual Cost 1 $8,640.00 $8,640.00 $0.00 $0.00 $0.00 TOTAL DIRECT COSTS: $9,111.00 BLR 05514 (Rev. 02/06/25) Printed 5/30/2025 12:43 PM DIRECT COSTS Page 1 of 1 C 7 O 00 U U V C C+' .Q a U O J h— W w Y O cn U W U LU W W U = i Yw U) OF Q W H � Q U) Z O LL LU p F— W U) �— OQ U� U) W I— U) O U m 2 X W O W O F- U Q LL H X w J LL 2 O U 0 C6 CO r w F- I.f. Q LU 2 LLI O o 0 0 0 0 0 0 0 CDZ a N 0 0Lr) 0 I� W O M� Q) O M O N CD00 LL O O 0 M O V E CO CO to 00 O 0 J (O "t d' rU-) (O (O r � M co C CO r O r co O) Q Lf CO (O O) r M r co O a� F IA Y m w w U w x > F O w V) 00 N M CO N.J N w LO (fl O N 6) N U') C6 0 w x LL w M r CO r 0 (l- m (� z LO LO N V I� M O�t N r C' O N (n u. Fes- M M O Ln (D O (o co LL Q Z w w = m w w 0 V r co O (O c0 O co c0 O d' O t- O7 rl- M J J r- N LO M CO LO M N O a a V (O (O O (O O N d' In co CO (O L N U) fe O x LL U) O 0 0 .c Hin N O U � o c 0 n ti 3 0 � ui a� 0 vYi B E E 0 O 0 _ 0 U Q a A D 00 0 `' 0 .c n y C O > Q E .0 O d E y N U U c Q N O 0 N C rZ O C E N V 0 U U � ow�F-Qoa. u 22 0 `O 7 rn �~ N w � W CDf N Cl) 00 U N �i LO O J c0 a 0 U) W F- LU w a NJN LPL W LL `W Q N LL O LU LU 2 U) LU LU U) Y O U L LI U LU _U LU F— Z Q J Z O U Li- 0 LLJ F— cQ G vJ Frr—^^ LU Frr—nn vJ O F— m Z X LU M N c m > O g Q o �fi cO @ 7 M N A C o 0 0 0 c e R co co � r- � CD p U a (N oo oo T d N N c d i Q O N U N 2 O O > Q O m MLn O ER C O V o 0 0 0 o OO N O M � O 7 O V (D � Y U � O F- O (OU 2 C [t a7 M M O M 1� E Q n o N M 0 E o o O _ N d rn ° v I: o m N a In O O o IL` o x C zm N O a 0 O T o 0 0 0 y v o F N N N N V V O o3 p N N V O c V o U W O x N O) > W co M m c ° 3 0 0 0 0 0 O U N co cop M (9 d j o m ((7 to N MCD V d N co N n M O A @ ` O � :3 [O CO N N O � M x U O) (O CO m (o O N Q) > Q O M LD (fj 0 0 0 0 W f-- N M O p f o l0 11i N M M m N O Q a o 0 o ri v � M M do O O p O O InO O O O O O IDO O O O O O O O O O O p O �. QO 6 co 4 N p O O O O O O o O O CD O CD CD O O O CDO O F_ x O Ur J W O T O co > Q' I-- o !� p r CD I� Q 7 Q m M V m IT m Of 2 Z O a _ J O U �icm c c Q LL o H a �Q_>_ J 'u .c m .S u-., .S a` a w w w a` a N LO LO O J m C � a_ r O U W W 2 U) Y 0 U w cn H w U_ U W W u) 0z Q a� � J w cf) 00 2 U UJ LL C7 0 Qw wQ > w U) 0 U ❑ [o X W P, i c I�III�NO! rm mum�n■■■ ■�IIIINIII■III ■I�II�IN�IIN� V 7 I 11, O � M � Lf O May 15, 2025 Mr. David Shannon Associate I Vice President Lochner 225 West Washington St, 12th Floor Chicago, IL 60606 Re: Proposal for Traffic Data Collection Professional Services Lemont, IL GHA Proposal No. 2025.D325 Dear Mr, Shannon: r GEWALT HAMILTON fil a ASSOCIATES, INC. CONSULTING ENGINEERS 625 Forest Edge Drive ■ Vernon Hills, IL 60061 847.478.9700 ■ GHA-Engineers.com Thank you for your consideration of Gewalt Hamilton Associates, Inc, (GHA) to provide Data Collection Services for the above -mentioned project. This proposal is based on GHA's understanding of the project as per your recent request. If our proposal is acceptable, please sign one copy and return it to our office. We are pleased to have the opportunity to make our services available to you and look forward to assisting you on this project. Sincerely, Gewalt Hamilton Associates, Inc. >qt!� Jarett M. Giesey Data Collection Senior Project Manager/Service Lead JGiesey@gha-engineers.com Enc.: GHA Proposal No. 2025.D325 ' fil GEWALT HAMEN a ASSOCIATES, INC. Proposal for Professional Services C O N S U L T I N G E N G I N E E R S Traffic Data Collection Lemont, IL 625 Forest Edge Drive a Vernon Hills. IL 60061 GHA Proposal No. 2025.D325 847.478.9700 ■GHA-Enyineers.corn Lochner (Client), 225 West Washington St, 12th Floor, Chicago, IL 60606, and Gewalt Hamilton Associates, Inc. (GHA), 625 Forest Edge Drive, Vernon Hills, IL 60061, agree and contract as follows: I. Project Understanding The Client is requesting five (5) traffic counts in Lemont, IL. II. Traffic Data Collection Services GHA will provide the following services: A. Turning Movement Count (TMC) Location(s): 1. 127th & Smith Rd 2. 135th St & New Ave 3, 135th St & Smith Rd 4. 135th St & Archer Ave 5. 1271h St & High Road Collection Details a. Typical Weekday (Tuesday, Wednesday and/or Thursday) b. 24-hours at each location c. 12AM-12AM CDT d. Lights / Mediums / Articulated Trucks 1. Classification Grouping includes Standard Rate Classification 2. Bicycles and Pedestrians in Crosswalks are not included. 3. Bicycles on the Roadway are not included. Deliverable a. Data will be processed with a normal processing turnaround time and will be shared with the Client as soon as it is available. III. Project Schedule GHA will schedule the work as soon as possible after written authorization to proceed. IV. Services Not Included Should additional services be required or expanded beyond those outlined in Section 11: Traffic Data Collection Services of this Agreement, GHA will request written authorization prior to commencing the work and the Client will be billed on a time -and -materials (T&M) basis in accordance with the current GHA Professional Services Hourly Rate Guide. May 15, 2025 GHA Proposal No. 2025.D325 Page 2 of 4 V. V1I Key Personnel Mr. larett M. Giesey will serve as the Data Collection Senior Project Manager/Service Lead. Mr. Zach J. Hubb will serve as the Data Collection Project Manager and Mr. Patrick M. Oster will serve as the Data Collection Processing Team Leader. The team will work with additional professional staff. Compensation for Services Based upon the scope of services and understanding of the requested work, GHA proposes to complete the work as described above for a lump sum fee as outlined below: Item Description Qty Unit Qty Unit Total Unit Fee Unit Fee Al TMC 24-Hours or More 5 ea 24.0 hr 120.0 hr $80.00 hr $9,600.00 A.2 TMC 24-Hours 10% Incentive 5 ea 24.0 hr 120.0 hr ($8.00) hr ($960.00) Sub -total Professional Service Fees (A): $8,640.00 Total for Professional Service Fees: $8,640.00 The proposed lump Sure flee includes all wessary personnel, equipment, deployment, and processing to complete the_ data collection as described.- Reimbursable expenses, including items such as photos, postage, messenger services, printing, truck usage and/or mileage, etc., are included in the lump sum fee. GHA assumes the study will be completed within one deployment. If additional deployments are requested, an adjustment to the fee may be necessary. GHA will provide the Client with a written estimate of any additional fees prior to commencing such work. Recounts will be completed at no charge to the Client for equipment failures. Cancellations shall be made within 24-hours of the scheduled deployment to avoid fees. The Client shall be responsible for delayed or cancelled work that is out of GHA's control such as construction, road closures, accidents, vandalism, or theft of equipment. The Client shall be responsible for obtaining all required permits and notifying the applicable regulatory agencies prior to the scheduled deployment. An invoice will be submitted upon completion of the study and will detail charges made against the project and services provided. Vli. General Conditions The delineated services provided by Gewalt Hamilton Associates, Inc., (GHA) under this Agreement will be performed as reasonably required in accordance with the generally accepted standards for civil engineering and surveying services as reflected in the contract for this project at the time when and the place where the services are performed. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or GHA. GHA's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against GHA because of this Agreement or the performance or nonperformance of services hereunder. In no event shall GHA be liable for any loss of profit or any consequential damages. The Client and GHA agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation in Chicago, Illinois unless the parties mutually agree otherwise. May 15, 2025 GHA Proposal No. 2025.13325 Page 3 of 4 This Agreement, including all subparts and Attachment A, which is attached hereto and incorporated herein as the General Provisions of this Agreement, constitute the entire integrated agreement between the parties which may not be modified without all parties consenting thereto in writing. Vill. Authorization of Services Enc.: By signing below, you indicate your acceptance of this Agreement in its entirety. It Hamilton Associates, Inc. J,Trett M. Giesey Data Collection Senior Project Manager/Service Lead https-.//datalink.miovision.com/data_requests/52018? Attachment A GHA Hourly Rates Lochner David Shannon Associate I Vice President May 15, 2025 GHA Proposal No. 2025.13325 Page 4 of 4 ATTACHMENT A TO GEWALT HAMILTON ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT 1. Standard of Care. The services provided by Gewalt Hamilton Associates, Inc., (GHA) under this Agreement will be reasonably performed consistent with the generally accepted standard of care for the Scope of Basic Services called for herein at the time when and the place where the services are provided. GHA will use reasonable care to comply with applicable codes and laws in effect at the time its services are provided. 2. Duration of Proposal. The terms of this Agreement are subject to renegotiation if not accepted within 60 calendar days of the date indicated on this Agreement, Requests for extension beyond 60 calendar days shall be made in writing prior to the expiration date, The fees and terms of this Agreement shall remain in full force and effect for one year from the date of acceptance of this Agreement, and shall be subject to revision at that time, or any time thereafter if GHA gives written notice to the other party at least 60 calendar days prior to the requested date of revision. In the event that the parties fail to agree on the new rates or other revisions, either party may terminate this Agreement as provided for herein, 3. Client Information. Client shall provide GHA will all project criteria and full information for its Scope of Basic Services. GHA may rely, without liability, on the accuracy and completeness of the information Client provides, including that of its other consultants, contractors and subcontractors, without independently verifying that information. 4. Payment. Payments are due within 30 calendar days after a statement is rendered. Statements not paid within 60 calendar days of the end of the calendar month when the statement is rendered will bear interest at the rate of one percent (1.0%) per month until paid. The provision for the payment of interest shall not be construed as authorization to pay late. Failure of the Client to make payments when due shall, in GHA's sole discretion, be cause for suspension of services without breach or termination of this agreement. Upon notification by GHA of suspension of services, Client shall pay in full all outstanding invoices within 7 calendar days. Client's failure to make such payment to GHA shall constitute a material breach of the Agreement and shall be cause for termination by GHA. GHA shall be entitled to reimbursement of all costs actually incurred by GHA in collecting overdue accounts under this Agreement, including, without limitations, attorney's fees and costs. GHA shall have no liability for any claims or damages arising from either suspension or termination of this Agreement due to Client's breach The Client's obligation to pay for GHA's services is in no way dependent upon the Client's ability to obtain financing, rezoning, payment from a third party, approval of governmental or regulatory agencies or the Client's completion of the project- S. Instruments of Service. The Client acknowledges GHA's plans and specifications, including field data, notes, calculations, and all documents or electronic data, are instruments of service. GHA shall retain ownership rights over all original documents and instruments of service, All instruments of service provided by GHA shall be reviewed by Client within 10 calendar days of receipt. Any deficiencies, errors, or omissions the Client discovers during this period will be reported to GHA and will be corrected as part of GHA's Basic Services. Failure to provide such notice shall constitute a waiver. The Client shall not reuse or make, or permit to be made, any modifications to the instruments of service without the prior written authorization of GHA. The Client waives all claims against GHA arising from any reuse or modification of the instruments of service not authorized by GHA, The Client agrees, to the fullest extent permitted by law, to defend and indemnify and hold GHA harmless from any liability, damage, or cost, including attorneys' fees, arising from the unauthorized reuse or modification of the instruments of service by any person or entity, The parties agree that if elements of the Scope of Basic Services identified in this Agreement are reduced and/or eliminated by Client, then Client waives, releases and holds GHA harmless from all claims and damages arising from those reduced and/or eliminated services. If GHA's Scope of Basic Services does not include construction administration phase services, Client assumes responsibility for interpretation of the instruments of service and construction observation, and waives all claims against GHA for any act, omission or event connected thereto. Unless included in GHA's Scope of Basic Services, GHA shall not be liable for coordination with of the services of Client's other design professionals. 6. Electronic Files. The Client acknowledges that differences may exist between the electronic files delivered and the printed instruments of service. In the event of a conflict between the signed / sealed printed instruments of service prepared by GHA and the electronic files, the signed / sealed instruments of service shall control. GHA's electronic files shall be prepared in the current software GHA uses and will follow GHA's standard formatting unless the Scope of Basic Attachment A, JLdy, 2018 Page 1 of 3 Services requires otherwise. Client accepts that GHA makes no warranty that its software will be compatible with other systems or software. 7. Applicable Codes. The Client acknowledges that applicable laws, codes and regulations may be subject to various, and possibly contradictory, interpretations. Client accepts that GHA does not warrant or guarantee that the Client's project will comply with interpretations of applicable laws, codes, and regulations as they may be interpreted to the project. Client agrees that GHA shall not be responsible for added project costs, delay damages, or schedule changes arising from unreasonable or unexpected interpretations of the laws, codes, or regulations applied to the project, nor for changes required by the permitting authorities due to changes in the law that became effective after completion of GHA's instruments of service. Client shall compensate GHA for additional fees required to revise the instruments of service to comply with such interpretations. Client shall also compensate GHA for additional fees required to revise the instruments of service if Client changes the project scope after GHA's completes its instruments of service. 8. Utilities and Soils. When the instruments of service include information pertaining to the location of underground utility facilities or soils, such information represents only the opinion of the engineer as to the possible locations. This information may be obtained from visible surface evidence, utility company records or soil borings performed by others, and is not represented to be the exact location or nature of these utilities or soils in the field. Client agrees that GHA may reasonably rely on the accuracy and completeness of information furnished by third parties respecting utilities, underground conditions and soils without performing any independent verification. Contractor is solely responsible for utility locations, their markings in the field and their placement on the plans based on information they provided. Client agrees GHA is not liable for damages resulting from utility conflicts, mistaken utility locates, unfavorable soils, and concealed or unforeseen conditions, including but not limited to added construction costs and/or project delays. If the Client wishes to obtain the services of a contractor to provide test holes and exact utility locations, GHA may incorporate that information into the design and reasonably rely upon it. If not included in the Scope of Basic Services, such work will be compensated as additional services. 9. Opinion of probable Construction Costs. GHA's Scope of Basic Services may include the preparation of an opinion of probable construction costs, Client acknowledges that GHA has no control over the costs of labor, materials, or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions. Opinions of probable costs, shall be made on the basis of experience and qualifications applied to the project scope contemplated by this Agreement as well as information provided by Client (the accuracy and completeness of which GHA may rely upon), and represent GHA's reasonable judgment. Client accepts that GHA does not guarantee or warrant that proposals, bids, or the actual construction costs will not vary from opinions of probable cost prepared for the Client. GHA shall not be liable for cost differentials between the bid and/or actual costs and GHA's opinion of probable construction costs. Client agrees it shall employ an independent cost estimator if, based on its sole determination, it wants more certainty respecting construction costs. 10. Contractor's Work. Client agrees that GHA does not have control or charge of and is not responsible for construction means, methods, techniques, sequences or procedures, or for site or worker safety measures and programs including enforcement of Federal, State and local safety requirements, in connection with construction work performed by the Client or the Client's construction contractors. GHA is not responsible for the supervision and coordination of Client's construction contractors, subcontractors, materialmen, fabricators, erectors, operators, suppliers, or any of their employees, agents and representatives of such workers, or responsible for any machinery, construction equipment, or tools used and employed by contractors and subcontractors_ GHA has no authority or right to stop the work. GHA may not direct or instruct the construction work in any regard. In no event shall GHA be liable for the acts or omissions of Client's construction contractors, subcontractors, materialmen, fabricators, erectors, operators or suppliers, or any persons or entities performing any of the work, or for failure of any of them to carry out their work as called for by the Construction Documents. The Client agrees that the Contractor is solely responsible for jobsite and worker safety and warrants that this intent shall be included in the Client's agreement with all prime contractors. The Client agrees that GHA and GHA's personnel and consultants (if any) shall be defended/indemnified by the Contractor for all claims asserted against GHA which arise out of the Contractor's or its subcontractors' negligence, errors or omissions in the performance of their work, and shall also be named as an additional insured on Attachment A, July, 2018 Page 2 of 3 the Contractor's and subcontractors' general liability insurance policy. Client warrants that this intent shall be included in the Client's agreement with all prime contractors. If the responsible prime contractor's agreement fails to comply with the Client's intent, then the Client agrees to assume the duty to defend and indemnify GHA for claims arising out of the Contractor's or subcontractors' negligence, errors or omissions in the performance of their work. 11. Contractor Submittals. Shop drawing and submittal reviews by GHA shall apply only to the items in the submissions that concern GHA's scope of Basic Services and only for the purpose of assessing if, upon successful incorporation in the project, they are generally consistent with the GHA's Instruments of Service. Client agrees that the Contractor is solely responsible for the submissions and for compliance with the Instruments of Service. Owner agrees that GHA's review and action in relation to the submissions does not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend to jobsite or worker safety. GHA's consideration of a component does not constitute acceptance of an assembled item. 12. Hazardous Materials. Client agrees that GHA has no responsibility or liability for any hazardous or toxic materials, contaminants or pollutants. 13. Record Drawings. If required by the Scope of Basic Services, record drawings will be prepared which may include unverified information compiled and furnished by others, the accuracy and completeness of which GHA may reasonably rely upon. Client accepts that GHA shall not verify the information provided to it and agrees GHA will not be responsible for any errors or omissions in the record drawings due to incorrect or incomplete information furnished by others to GHA. 14. Disputes. Client agrees to limit GHA's total aggregate liability to the Client for GHA's alleged acts, errors or omissions to $50,000 or the amount of GHA's paid fees for its services on the project, whichever is greater. GHA's liability to Client shall be limited to twelve months from the last invoice submitted to Client by GHA, regardless of payment by Client. GHA makes no guarantees or warranties, either expressed or implied, including any warranty of habitability or fitness for a particular purpose. The parties agree to waive all claims against the other for any and all consequential damages, including attorneys' fees. The parties agree to waive against each other all rights and claims otherwise covered by property insurance, by builder's risk insurance or by all risk insurance, including but not limited to subrogation rights regardless of whether the claims arise during or post -construction and regardless of final payment to GHA. Ali disputes arising out of or relating to this Agreement shall first be negotiated between the parties. If unresolved, the dispute shall be submitted to mediation as a condition precedent to litigation. Mediation shall take place in Chicago, Illinois unless the Client and GHA mutually agree otherwise. The fees and costs of the mediator shall be apportioned equally between the parties. If mediation is unsuccessful, litigation shall be the form of dispute resolution and shall be filed in the jurisdiction where the project was pending. The controlling law shall be the law of the jurisdiction where the project was located. Client agrees that all causes of action under this Agreement shall be deemed to have accrued and all statutory limitations periods shall commence no later than the date of GHA's services being substantially completed. Client agrees that any claim against GHA arising out of this Agreement shall be asserted only against the entity and not against GHA's owners, officers, directors, shareholders, or employees, none of whom shall bear any liability and may not be subject to any claim. 15. Miscellaneous. Either Client or GHA may terminate this Agreement without penalty at any time with or without cause by giving the other party ten (10) calendar days prior written notice. The Client shall, within thirty (30) calendar days of termination pay GHA for all services rendered and all costs incurred up to the date of termination in accordance with compensation provisions of this Agreement. Client shall not assign this Agreement without GHA's prior written consent. There are no third -party beneficiaries to this Agreement. Attachment A, July, 2018 Page 3 of 3 rat GEWALT HAMION � I a ASSOCIATES, INC. An EmplL ,vee-Owned Corrapan,v GHA PROFESSIONAL SERVICES HOURLY RATE GUIDE: 2025 The following rates will remain in effect until December 31, 2025, at which time they are subject to anannual increase: PRINCIPAL $249.00 ENGINEERING TECHNICIAN V $189.00 SENIOR PROJECT MANAGER 11 $240,00 ENGINEERING TECHNICIAN IV $159.00 SENIOR PROJECT MANAGER 1 $215.00 ENGINEERING TECHNICIAN III $145.00 PROJECT MANAGER II $190.00 ENGINEERING TECHNICIAN II $123.00 PROJECT MANAGER 1 $168.00 ENGINEERING TECHNICIAN 1 $92.00 ENGINEER V1 $198.00 LANDSCAPE ARCHITECT $171.00 ENGINEER V $184.00 ENGINEER IV $171.00 DATA MANAGER $152.00 ENGINEER 111 $161.00 DATA TECHNICIAN 111 $145.00 ENGINEER li $146.00 DATA TECHNICIAN It $130.00 ENGINEER 1 $138.00 DATA TECHNICIAN 1 $100.00 LAND SURVEYOR IV $203.00 CAD MANAGER $212.00 LAND SURVEYOR 111 $167.00 CAD TECHNICIAN 111 $146.00 LAND SURVEYOR II $148.00 CAD TECHNICIAN It $128.00 LAND SURVEYOR 1 $130.00 CAD TECHNICIAN 1 $100.00 GIS TECHNICIAN IV $180.00 ADMINISTRATIVE 11 $109.00 GIS TECHNICIAN 111 $155.00 ADMINISTRATIVE 1 $90.00 GIS TECHNICIAN iI $125.00,. ACCOUNTING MANAGER $184.00 GIS TECHNICIAN 1 $106.00 ACCOUNTING it $140.00 ENVIRONMENTAL CONSULTANT It $143.00 ACCOUNTING 1 $125.00 ENVIRONMENTAL CONSULTANT 1 $132.00 *Services provided under this Agreement will be billed according to the rates in effect at the timeservices are rendered. GEWALT HAMILTON ASSOCIATES, INC. - 625 FOREST EDGE DRIVE - VERNON HILLS, IL 60061 847.478.9700 GHA-Engineers.com