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Agenda Item Review Form
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Muskegon City Commission
Commission Meeting Date: May 10th , 2022 Title: Shoreline Drive Engineering Services
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to approve a Professional Services Agreement with Progressive AE.
to provide traffic engineering services for a pilot road diet and traffic study on Shoreline Drive.
Detailed Summary:
Staff solicited proposals from engineering firms to provide comprehensive traffic engineering services
related to conceptual development, design, and traffic study completion for a pilot road diet on Shoreline
Drive.
Staff is requesting to award the engineering services agreement to the highest scoring firm (Progressive
AE) Firm Score
Hubbell, Roth & Clark 745
Progressive AE 755
Staff scored the proposals using Qualifications Based Selection
Rowe PSC 735
criteria to ensure we were selecting the best partner for this important
Spalding DeDecker 710
project. The scoring showed Progressive AE as the leading firm, and
staff recommends contracting with them based on their proposal and their history of service. Progressive
AE has provided admirable engineering services for the City of Muskegon in the past, including on
previous traffic engineering projects in the area in particular for the development of the Convention
Center. A summary score table is shown .
Amount Requested: Amount Budgeted:
$49,090 $15,000 (21/22)
$100,000 (22/23- Proposed)
Fund(s) or Account(s): 202 Fund(s) or Account(s) : 202
Recommended Motion(s):
Authorize staff to sign a professional services agreement with Progressive AE in an amount of $49,090 to
provide traffic engineering services for the development and study of the pilot road diet on Shoreline Drive.
Check if the following Departments need to approve the item first:
Police Dept. D
Fire Dept. D
IT Dept. □
For City Clerk Use Only:
Commission Action:
proqressive lae
REQUEST FOR PROPOSA L
City of Muskegon
Shoreline Drive Traffic Reconfiguration I March 29, 2022
PROPOSAL & AW ARD
The undersigned having become thoroughly familiar with and understanding of all the proposal
documents attached hereto, agrees to provide the services as specified herein, for the total fees as
stipulated herein, subject to negotiation.
I hereby state that all of the information I have provided is true, accurate and complete. I hereby
state that I have authority to submit this proposal which will become a binding contract if
accepted by the municipalities.
pr.oposal d o c u m e n t . ~ · · c-µ
I hereby state that I have read, understand and agree to be bound by all of the terms of this
z;_ • Transportation Practice Leader
Signature _ _ _ _ __,___ _ _ _ _ _ _ Title
Chris Zull, PE 03/28/2022
Print Name Date
Progressive AE
Firm Name
Address 1811 4 Mile Road
Grand Rapids, Ml 49525
616.304.5238
Te Iep hone No. _ _ _ _ _ _ _ _ _ _ _ __
zullc@progressiveae.com
E-Mail
Fax No.
616.361.1493
3
800 E Ellis Rd
Muskegon, Ml 49441
phone 616.361.2664
fax 616.361.1493
March 29, 2022 progressiveae.com
City of Muskegon
Dan VanderHe ide, Deputy Director
Department of Pub li c Works
1350 Keating Ave.
Mu skego n,Ml49442
Dear Members of the Se lection Comm ittee,
Progress ive AE is at its best when de li vering proj ects of regional significance with strong co mmunity support. We
are exc ited to partner w ith the City of Muskegon and MOOT to develop a conceptua l p lan to repurpose much of
the roadway footprint of Sho reline Drive. Our team is experienced in pedestrian safety, tactical engageme nt, and
comp lete street design. We pride ourse lves in making roadways safer for all users.
Our t ea m is eager to be part of th e effort to bridge Mu skego n Lake and its shorelin e with th e downtown. W e
b eli eve all roads shall be designed with the emphas is on pedestrians and bicyclist first. Th e proposed road diet w ill
reconnect t he downtown w ith t he waterfront creat ing a pedestrian fri end ly enviro nment as we ll as reducing speed
throughout the co rrid or. Shore line Drive can be a d estination fo r the ma ny summ er fe st iva ls and a mode l for future
traffi c ca lmin g projects.
Progressive AE is a loca l full- se rvice firm who can handle the entire breadth of the project. Th e creative minds we
can bring to your project team have designed many simil ar p il ot projects and are excited by the opportun ity to work
w ith th e City of Muskegon. Th is is the type of work our infrastructure eng in ee rin g team ha s a pass ion and expert ise
for. The attac hed documents re spo nd to your request for proposa ls. A n overview of our compa ny, how we can
ach ieve the project objectives, proposed timeline, comparab le projects we've comp leted, references, a budget, and
contract terms.
Experienced and Responsive
Th e in frast ru c ture team at Progress ive AE is ready to se rve you w ith expertise that is grounded and tested in
exper ience. O ur Team ha s worked on multiple traffic ca lming pilot programs and is pass io nate about th e commun ity
and their residents.
Our team is led by Infrastructure Pract ice Leader, Chri s Zull, PE with support of multipl e staff with great
tran sportation design experience in c ludin g comp lete street and roadway design, traffi c ana lys is, permitting,
est im at in g, construct ion observation, and utilities to nam e a few. Our estab lished cu lture of custome r serv ice
ensures that you will develop c lose contacts and receive prompt responses from our project team.
W ith the aggressive schedule proposed, Progress ive AE's strong comm unication w ill be an im portant asset
for project success. We have th e expertise and staff ava il ab le to rapidly lead th is project and engage w ith the
commun ity.
People
Just like the c lients we serve, we know o ur most important asset is ou r people. Our infrastructure team is a
dedicated g roup of over a dozen engineers and designers who are deeply knowledgeabl e about the issues, best
pract ices, and cha ll enges that go into prepa rin g a conceptua l road diet plan w ith fea tures that strive to increa se
mobility and pedestri an accessib ility.
The Progress ive AE team greatly app reciates the opportun ity to submit this proposa l package and is exc ited by the
poss ib ility of work in g co ll aborat ive ly with the City of Mu skego n and MOOT. We strive to support and connect w ith
you to develop long lastin g relationships to help analyze, p lan for, and meet your current and future need s through
trust and experience. We we lco me the opportun ity to discuss thi s project further with you and to add ress any
que stions you may have regard ing the following proposa l. Should you req uire additional informat ion, plea se do not
hesitate to contact me at 616.988.4867 or zu ll c@progress iveae.co m .
Sincere ly,
Chris Zull, PE
Transportation Practice Leader
THE FUTURE DEPENDS ON
WHAT YOU DO TODAY.
- MAHATMA GANDHI
Table of Contents
P 01 Firm Overview
P 03 Project Team
P 08 Project Experience
P 09 Project Understanding
and Work Plan
P 11 Proposed Timeline
P 13 Proposed Fees
Progressive AE's workforce is a unique blend of creative people who think
strateg ica lly, and strateg ic people who work creat ively. The firm is guided by
Performance Based Design, a fundamental and forward-thinking philosophy.
Through Performance Based Design, we commit to optimizing performance
for clients and validating results post-occupancy.
FULL SERVICE
ARCHITECTURE & ENGINEERING FIRM
ACTIVE IN
10 140+ DESIGN
48
STATES
MARKETS
225+ SKILLED PROFESSIONALS
AWARDS
LOCAT ION S= 3
Fu ll Serv ice Expert ise Firm Locat ions
One thing we know is each c li ent faces unique Locations:
needs that must be met, whi le keeping the future Grand Rapids
in mind. This is exciting to us. No cha ll enge is
1811 4 Mile Rd. NE
too great, thanks to our comprehensive range
Grand Rapids. Ml 49505
of se rvices. Whatever di scipline is required . we
have subject matter exp ert s on hand to find the 616.361.2664
right solution.
Muskegon
Our Areas of Expertise Include:
800 E Elli s Rd
• Arch itecture
Muskegon, M l 49441
• Design-build
231 .799.4960
• Eng ineering
• Interior Design
• Landscape Arch itecture
Charlotte
• Planning and Consulting
330 South Tryon St. #500
• Procurement Charlotte, NC 28202
• Universa l Design 704.731.8080
• Urban Planning
• Water Resources
Pl PROGRESSIVEAE .CO M
Transportation Expert ise
Our firm has continued to innovate for more than half Whatever discipline is required, we have subject matter
a century. We have gained considerable wisdom over experts on hand to find the right solution. Our areas of
those years and seen remarkable growth with offices expertise include:
in Michigan and North Carolina and active work in the
• Architecture
48 contiguous states. With 200+ professionals and a
• Design-build
full range of expertise. Progressive AE is leading the
way in thought leadership and innovative design. • Engineering
• Interior Design and Procurement
One thing we know is each client faces one-of-a-kind
• Transportation Engineering
needs that must be met. while keeping the future in
• Land scape Architecture and Urban Planning
mind. This is exciting to us. No challenge is too great.
thanks to our comprehensive range of services. • Planning and Consulting
• Water Resources
We are passionate about enhancing communities and understand the important role transportation engineering plays to
make this happen. To this end. Progressive AE employs a dedicated group of transportation engineers who are experts
in their fields. Our transportation engineers excel in transportation planning, transportation engineering, traffic analysis
and signal design. They stay abreast of industry trends and best practices. making them well-equipped to speak the
language of other transportation engineers, government officials, and concerned citizens.
Progressive AE has been involved with numerous transportation projects for a variety of clients including universities,
local municipalities, Department of Transportation. and private sector clients. Through projects with these agencies. we
have improved the efficiency of transportation systems through the planning, design, operations, and maintenance of
existing infrastructure.
Services Include:
• Corridor Studies • Work Zone Maintaining Traffic/Detour Plans
• Intersection/Corridor Safety Studies • Non-Motorized and Pedestrian Data Collection
• Road Diets/Street Conversions Analyses and Design • Traffic Data Collection
• Traffic Ca lming Programs and Design • Traffic Impact Studies
• Roadway/Street Design • Traffi c Signal Warrant Stud ies
• Roadway Pavement Marking and Signing Plans • Traffic Signal Design
• Roundabout Design & Analysis • Traffic Signal Optimization Studi es
PROGRESSIVEAE.COM P2
Prog ressive AE's transportation tea m ha s the expe rti se to de li ve r on all the needs of the City of Mu skego n. They
bring years of traffic, t ransportat io n, and municipal exp eri ence and have a d eep familiarilty of t he Muskeg o n area.
Please see the below organizationa l chart and team resum es on th e fo ll ow in g pages for more in format ion . This work
wi ll also be primari ly done out of our Mu skego n office with suppo rt from o ur co rporate o ffice in Grand Rap id s.
Chris Zull , PE
Tran sportation Practice
Leader
Engineering
Tim Bradshaw, PE
Municipal Practice Leader
Nick La c roix, PE
Senior Transportation
Engineer
Michael Miller, PE
Senior Transportation
Engineer
P3 PROGRESS IVEAE.COM
City of Grand Rapids, Burton Street from Division to Breton, 2012-18
Christopher Zull, PE
A cross-town connector in a more suburban area of Grand Rapids, 3.7 miles.
Transportation Practice Leader The network does not allow for many alternative options for traffic, with an
zu ll c@progressiveae.com ADT around 18,000 veh icles. It went through severa l neighborhoods, as well
Phone: 616.365.2664 as near schoo ls, shopping, and parks. The road d iet happened over severa l
phases as it ali gned with construction projects and as publ ic concerns were
addressed through the engagement process of public meetings. Th e project
Chris has over 20 years of experi ence
inc lu ded the installation of a new signa l, pavement marking im provements,
as a transportation engineer,
adding bike lanes, and signing upgrades . The 85th percentil e speed was
spend ing the last 15 years working
reduced by approx imate ly 9 mph. Speed in g c itat io n were reduced by 81%.
for the City of Grand Rapids,
Severe injury crashes were reduced by 66% .
most recently as the Traffic Safety
Manager. In this role, Chris managed
City of Grand Rapids, Alpine Avenue from Leonard to Pannell, 2015
the Lighting, Signals and Sig ns
A lpin e Avenue is a major com mutin g co rrid or that was also a truck route and
Department which provides off-
there was a great dea l of pub li c concern abou t reducing capacity. The ad-
hours and emergency services.
dition of b ike lanes was met with resistance by residents, motorists, and busi-
Chris has been responsible for the nesses. The road d iet was for 1 mile and implemented in a temporary stat us,
oversight of staff and consultants then it was monitored and analyzed for vehicl e performance suc h as Level of
for the conversion of over 40 Service, crash analys is, and travel times. It was made a permanent decision,
miles of road diet from 4-lanes to c itin g reduced speeds, im proved mobility options, whi le maintaining reason-
3- lanes in Gra nd Rapids. Key project able levels of service.
components included review and
update of roadway geometrics, City of Grand Rapids, Plainfield Avenue from Leonard to Fuller, 2006
pavement marking layout. parking This was the first road diet in Grand Rapids for approximately 6 miles. Major
management with loca l business commuter street and commercial corrido r, that goes through neighborhoods
owners and invested stakeholders, and near schools. Public engagement was key to educate motorists on a new
bicycle lane design and connectivity, change to the City. As a pilot project, travel times, crash ana lysis, modeling,
appropriate sig ning and signal and speeds were studied, as well as gai ning feedback from emergency ser-
head alignment updates, in depth vices, schools, neighborhood associatio ns, and residents.
public engagement and educations,
crash analysis, traffi c volume data City of Grand Rapids, Michigan Street Corridor Plan
collection and analysis for both A regional corridor of signi fi ca nce that has experienced over $1 billion o f
before and after conditions. development over th e last 10 yea rs. The road needed a transportation plan
Education to accommodate its growing future. Recommendations related to traffic
Michigan State University included a 20 year plan with a targ et to shi f t 40% of traffi c to transit or other
Master of Science in Civil Engineering non-motorized modes, bike routing through neighborhoods rather than on
Michigan Street, on-street park in g management where appropr iate, planning
Michigan State University for future transit on ly lanes, improving the pedestrian and bike env ironm ent.
Bachelor of Science in Civil
PROGRESSIVEAE.COM P4
City of Kentwood Wing Avenue Corridor Study and Reconstruction
Timothy Bradshaw, PE Corridor Study and public engagement in 2016 with design in 2017 in prepara-
tion for reconstruction in 2018. Gathered public input on road cross-section,
Municipal Practice Leader
tree preservation, non-motorized accessibility, traffic, storm sewer, sanitary
bradshawt@progressiveae.com
sewer, watermain, future development potential adjacent to corridor in multiple
Phone: 616.447.3414
public meetings and surveys. Incorporated public comment into final design.
Coordinate with neighboring communities who have utility ownership. $3M
constru ction value. Coordination with numerous government entities to achieve
Tim has 16 years of municipal
project success including MDEQ, Kent County Road Commission, City of Grand
engineering experience spending
Rapids, and Byron/Gaines Utility Authority. Project resulted in over 100 new
the last 10 years working for the City
housing starts within 1 mile of the project 2 years after completion.
of Kentwood mainly as the Director
of Engineering and Inspections. City of Kentwood 32nd Street Reconstruction
As Director of Engineering for Reconstruction of 1 mile of 32nd Street from Breton Avenue to Shaffer
Kentwood, Tim had extensive Avenue in 2021 utilizing Federal Funding. Project adds a center turn lane at
control of shaping street cross the west end of the project and sidewa lks where they did not exist along the
sections for the City and facilitating corridor. There is a 72" deep cmp cu lvert crossing which is being replaced
conversations with key stake with an upsized culvert to appropriately handle flows . Full depth concrete at
holders to ensu re public needs were intersection approaches and an added right turn lane at Shaffer Avenue. Full
met on reconstruction projects. depth hma in all other areas.
Tim has worked on numerous
City of Kentwood 44th Street Rehabilitation - Breton Ave to Shaffer Ave
projects throughout Kentwood
Rehabilitation of .85 miles of 44th Street and Shaffer Avenue. Included cold
ranging from street reconstruction,
milling and hma resurfacing. Full depth concrete reconstruction of the Shaffer
street rehabilitation, drainage,
Avenue intersection with 44th Street. Project maintained 1 lane of travel in all
street preservation, replacement
directions for the duration of the project resulting in temporary traffic cross-
or construction of storm sewer,
overs with temporary traffic signal modifications at 3 intersectio ns. 44th Street
watermain, and sanitary sewers,
is a criti ca l route for Kentwood Em ergency services. Storm sewer repairs com-
traffic signal modernization, trail
pleted as needed. ADA sidewa lk ramps upgraded to current standards. Project
construction, corrid or studies,
involvement included initial scop ing, managing consu ltant during design and
commercial site developments,
construction engineering, meeting app licable MDOT and FHWA requirements.
non-motorized network planning
and implementation, park projects, City of Kentwood Breton Avenue Roundabout, Road-Diet and Rehabilitation
municipal building projects, safety Project Manager for $2.2M roundabout, road diet, road rehabilitation and water-
studies, and sidewa lk projects. main replacement project. The first major street roundabout in Kentwood was
constructed at the intersection of Breton Avenue and Walma Avenue immedi-
Education ately adjacent to the emergency services of the Fire and Police Departments.
Michigan State University Maintaining traffic for emergency services was critical during construction. The
Bachelor of Science, Civil Engineering watermains in the project are the main feeds to the 2 City water towers requir-
Un iversity of Michigan - Flint ing significant coordination for connections. Decorative lighting and grassed
Master of Business Administration boulevard islands were placed to improve corridor aesthetics. Project was com-
pleted $150k under budget
PS PROGRESSIVEAE.COM
Bristol Business Route (Earthway Industrial Park), Bristol, IN
Nicho las LaCro ix, PE,
Project manager and lead engineer for various phases of the Bristol Business Route.
IT E A multi-phased project to construct a new roadway to connect the Town's industrial
area to State Road 15 and ultimately the Indiana Toll Road, included making capacity
Senior Transportation Engineer
improvements to existing routes, portions of new roadway construction, and a new
lacroixn@progressiveae.com
railroad crossing, the project will offer an alternate route around the downtown area for
Phone: 616.447.3411
truck traffic. As part of Phase I, a corridor analysis was prepared, including conceptual
graphics and cost estimates. Design engineering for Phase I included roadway and
sanitary sewer plans, specifications, and contract documents. Subsequent to the
Nicholas has more than 19 years
completion of Phase I construction, the corridor analysis was updated for Phase II to
of experience in transportation
include new traffic data and additional industrial park development.
eng ineering analysis and design
w ith focus on projects inc luding 1-94/Portage-Kilgore Interchange Analysis, Kalamazoo, Ml
transportation planning, traffic Lead traffic engineer for an interchange feasibility study at the 1-94/Portage-Kilgore
signal systems, traffic impact interchange. Several alternatives were developed to improve the interchange, including
a Diverging Diamond Interchange (DD I), Single Point Urban Interchange (SPU I), and
studies, corridor stud ies, work zone
roundabouts. The analysis included developing detailed microsimulation models of the
mobility, parking stud ies, campus
interchange alternatives using VISSll'v1 software. Conceptual plans and cost estimates
tran sportation, traffic ca lming and
were also developed for each alternative for consideration by 1'1DOT Southwest Region.
wa lkabi lity, and non-motorized
facilities . Woodward Avenue Widetrack Loop Two-Way Conversion Study, Pontiac, Ml
Lead traffi c engineer for a comprehensive traffic analysis to examine the conversion
Nick has extensive experience of th e existing Widetrack Loop surrounding downtown Pontiac to t wo -way operation
utili zing multiple traffic engineering in order to improve connectivity between the CBD and adjacent neighborhoods.
mode ling software packages, Tasks included the development of a detailed Transmodeler microsimulation model
inclu ding Synchro/SimTraffic, to project the sh ift in traffi c patterns after the conversion to two-way operation. 0-D
VISS ll'v1 and Transmode ler. data surround in g the study area was col lected using wireless technologies to aide
in ca librating the existing conditions Transmodeler microsimulation model. Using
Education t he model outputs and capacity ana lyses, conceptua l geometrics were developed,
1'1ichigan State University capital and operational improvements were identified, cost estimates were developed
Bachelor of Science, Civil for the preferred alternatives, and the results were summarized in a final report and
Engineering presented to stakeholders.
1-96/Cascade Road Interchange Study, Grand Rapids, Ml
Traffic engineer for the interchange feasibility study for the replacement of the
existing bridge carrying Cascade Road over 1-96. Two interchange configurations
were ana lyzed, including a partial cloverleaf and a Diverging Diamond Interchange
(DD I). Conceptu al geometrics for both options were developed, including a
comprehensive traffic analysis, traffic simulation with VISSIM software, and cost
estimates. MDOT selected the DDI concept, w hich wi ll be the second DDI in Michigan.
The preferred concept utilizes two bridges to carry Cascade Road over 1-96 provid ing
for better geometrics at the crossovers as well as cons truction staging benefits as
o ne bridge can be constructed over 1-96 wh ile the existing bridge is maintained.
PROGRE SS IVEAE.COl'v1 P6
1-90 Bridge Widening and Reconstruction
Mic hael Miller, PE
Civil Eng ineer responsible for the Phase II design preparation of contract plans
Senior Transportation Engineer and specifications for three proposed bridge reconstruction and and widen-
millerm @progressiveae.com ing projects on the Jane Addams Memorial Toll way. Work included the design
Phone: 616 .365.3325 of proposed mainline pavement, pavement marking, erosion control and
maintenance of traffi c plans. The overall project consisted of Phase II engi-
neerin g services required for the preparati on of contract plans and specifi ca -
Michael has 20 years o f professional
tions and project related permits for th e proposed bridge reconstru ction and
experience in civil engineering. He
widening on the Jane Adams Memorial To llway at M.P. 27.4 (Mosquito Creek)
has been responsible for the desig n,
to M.P. 42.3 (U.S. Route 20) in Boone, McHenry and Kane Counties, Illinois. The
coord inatio n, and implementation
two mainline bridges of each Mosq uito Creek, Coon Creek and U.S. Route 20
of multiple roadway design project s.
were incl uded in this project.
His responsibilities include the
design and preparation of plans and IL Route 47 at Main Street
specifi cations, agency coordination, Proj ect Engin eer responsibilities included the preparation of drainage
cost estimates, construction plans, environment al coordination and permitting , general note s and
schedules and public involvement. He maintenance of traffic plans. The project consisted of extensive profile
has extensive compu ter experience ch ang es to rai se both Main Street and IL Route 47, desig n of new bridg e
w ith MicroStation and Geopak as well structure s over Bl ac kberry Creek, and design of assoc iated retaining
as storm wa ter modeling software wall s. Drainag e improvements, culvert replacement and lighting repla ce -
TR -20 , TR-55 and HEC-RAS . ment w ere al so included as a part of th e improvement. Because of th e
extreme profile modifications, addressing potential flooding along Black-
Education
berry Creek, traffic plans for the IL Route 47/Main Street intersection
Michigan State University
were fairly extensive, and included multi-stage MOT and temporary traffic
Bachelor of Science, Civil Engineering
signals.
IDOT District 2 - Various Traffic Plans
Project Manager for this project, providing traffic plans, specifications, and
con stru ction cost estimates for various projects throughout IDOT District
2. As subconsultants to another firm , DB Sterlin provided plan sheets for
inclusion in plans prepared by the prime firm, as well as for inclusion by
IDOT District 2 in their plan sets. Work included design of maintenance of
traffic plans, and coordination with District staff to assure that the pro-
posed construction tasks were matched by our proposed traffic mainte-
nance. Mr. Miller wa s in charg e of preparing plan s, coordination with the
District, and managing additional DB Sterlin staff working on the project.
P7 PROG RE SS IVEA E.CO M
Downtown Safety and Walkabi li ty Improvements
City of Newaygo
Newaygo, Ml
• Current project developing street and non-motorized
improvement alternatives through and near downtown
Newaygo
Expand ing on-street parking to both sides of M-37
(State Street)
• Providing safer pedestrian crossing locations by bump-
ing out curb lines at intersect ions and midblock cross-
ings and slightly revised street geometrics
• Proposing 4-to3 lane convers ion, narrowed lanes, center
median islands and street trees as ca lm ing measures to
reduce through ve hicle speeds, particu larly large trucks
• Project includes development of new non-motorized
pathways along river frontage to improve connecti v ity
to downtown
• A lternatives include lo nger term concepts at the nort h
end of town to help reduce veh ic le speeds coming from
rural highwaysTeaming w ith Speck & Associates to
work w ith the City and the loca l econom ic development
organ izat ion
• W ill include close coord ination w ith MOOT staff for final
design parameters and eventua l approval
Size: 3/4 mi le
Cost: $100,000 (eng ineering fees)
Comp let ion: Ongoing
Services: Current project developing street and non-
motorized improvement alternat ives through and near
downtown Newaygo
Reference: Jon Schneider, City Manager, City of
Newaygo, jons@newaygocity.org, 231.652.1657
PROGRESSIVEAE.COM P8
City of Traverse City
East Front Street Reconstruction
Traverse City, Ml
Robust commun ity engagement process comp leted over a
six-month period engaging diverse stakeholder groups, in-
c ludin g the City Staff, DDA. Elected Leadership, BATA, dis-
abi lity advocates, TART Trails, MDOT, local business owners,
property owners and invo lved community members using
series of community forums. as well as socia l media tools.
v irtu al presentations and public surveys.
• Creation of a sustainable plan which allows the natural
feature of the river to be fully rea li zed as a commun ity
__ ,_. _,,.,
.,.,..,........ ..... ..,....•
___ ......_c:;...,_,, asset; includes green street design standards, storm water
management.
• Solutions provide priorit ized access ibility for pedestrian
traffic, rebalancing pedestrian and automotive needs in the
.--0 ...... . _ .._,.....,,
corridor
• Activate the space to extend the energy of the 100 and
200 blocks of Front Street further east
• Streetscape design including mid-block crossings, raised
intersections. gateway designs. bu lb-outs. sidewa lks.
ur.n snowmelt system. decorative brick pavers. ornamenta l
0
lighting, street trees, and site furnishings such as bike racks,
~~i%I ~2~~~ : ~~ 1~: ~~,~~-- ~I . ;~ltf 2:J trash receptacles and benches
Project Length: 0.4 Miles
·- -:]
Est im ated Cost: $4,800,000
f\·. ~~]
li! ~:• .
Expected Construct ion: Summer 2022
0 ..a,-·--
Services: Commun ity Engagement. urban planning,
c ivi l eng ineering, landscape arch itecture. mechanical
engineering, electrica l engineering, consulta nt coordinat ion
Reference: Jean Derenzy, CEO, Traverse City DDA. jean@
0 downtowntc.com . 231.922.2050
pg PROGRESSIVEAE.COM
Envis ion Ada Master Plan and Head ley Street
Re -A li gnment
Ada, Ml
• Master planning process completed over a six-month
period engaging diverse stakeholder groups, including
the Township, local business owners, property owners and
involved community members using community forums, as
well as social media tools
• Creation of a sustainable plan which allows the natural
feature of the river to be fully realized as a community
asset; includes green street design standards, storm water
management
• Solutions provide increased accessibility for pedestrian
traffic, increased availability of residential properties within
the village, and creation of community green spaces as
gathering places
• Existing and future conditions modeling of roadway network
• Signal warrant anaylsis at the M-21 (Fulton Street)/ Headley
Street intersection
• Development of alternatives for the Headley Street re-
alignment
• Traffic signal design
• Streetscape design including median islands, bulb-outs,
sidewalks, ornamental lighting, street trees, and site
furnishings such as bike racks and benches
• Subsequent master plan implementation projects that
Progressive AE has partnered with Ada Township and other
stakeholder to complete include Legacy Park and the Amy
Van Andel Library and Community Center
Size: 40 acres
Cost: Ada Village: $13,000,000
Headley Street: $3,390,000
Reference: Brian Hilbrands, Downtown
Development Authority Director, Ada Township, Completion: 2015
616.676.9191, bhilbrands@adatownshipmi.com
Services: Stakeholder engagement, master planning, civil
engineering, landscape architecture, traffic engineering
and analysis, non-motorized land planning
PROGRESSIVEAE.COM PlO
"'·
Project Understanding
and Work Plan
Project Understanding
Progressive AE is excited to co ll aborate w ith the City of Muskegon and MOOT to develop a conceptual plan to
reduce the roadway footprint of Shore line Drive. The existing roadway sect ion in the project area consists of a
boulevard section with two thru lanes in each direction plus auxiliary lanes at severa l intersect ions . We account
for six (6) signali zed intersections and four (4) unsignalized intersections within the project limits. Progressive AE
understands the purpose of the project is to reduce the roadway footprint of Shore lin e Drive to one thru lane in
each direction w ith auxi liary lanes at the intersections. We also understand this conceptual plan wi ll be geared
towards temporary measures and w ill be used on a pilot basis to test the concept for a potential future road diet.
Our team w ill develop a conceptual plan that will provide aesthetic benefits and traffic ca lmin g measures that wi ll
be permitted by MOOT. We wi ll includ e features that wi ll increase pedestrian cross ing accessibility and w ill also be
easily removed if needed.
Once a conceptua l plan has been approved Progressive wi ll develop bid documents for final design. After
implementation we will develop a final report that wi ll outlin e the success and failures of the pilot project. We will
co ll ect data and feedback from respective agencies and make recommendations.
Project Approach:
Based upon the five (5) tasked out lin ed in the RFP, we will provide the following scope of services:
Task 1 - Data Review
It is our responsibility to perform our due diligence to co ll ect and rev iew all existing documents. plans. and data
as it pertains to the corridor. In addition to local data, it is imperative to id ent ify current state transportation
requirements and guidelines. We wi ll obtain. review and compi le as-built records, existing traffic count data and
other documents to be referenced in the Summary Report.
Task 2 - Kickoff Meeting
In partnership w ith the City of Muskegon. our team wi ll develop a li st of stakeho ld ers recommended to form the
Project Management Team (PMT). The PMT will be comprised of representatives from the City of Muskegon. MOOT,
MATS. and other app li cab le agencies . The purpose of the kickoff meeting is to review existing and needed data,
identify missing data and develop a timeline for development of the conceptua l plans. After eva lu at ion of the
exist in g data the PMT w ill discuss any add it ion traffic ana lys is needed before the impl ementat ion of the pilot project.
PAE assumes that pre limi nary modeling has been performed by MOOT and the project intent is to confirm the
modeling and identify alternate routes.
Task 3 - Conceptual Planning
Upon the comp let ion of the Kickoff Meeting, our team wi ll begin developing the conceptua l plan for Shorelin e Drive.
The conceptual planning wil l include the fo ll owing:
• Analyze the existing facilities. create preliminary project plans show ing locations of lane closures. generate a
proposed cross-section, investigate improvin g pedestrian safety at intersections.
• Recommend traffic control devices suitab le to both MOOT and the City.
• Refine p lans and devices based on feedback from MOOT and the City to develop a finalized plan for
implementation.
P 11 PROGRESS IVEAE.COM
• Ana lyze existing and proposed traffi c pattern s and identify likely diversion routes to be consid ered . Set up
traffic monitoring equipment on divers ion route s to determin e the extent of traffic that was diverted.
• Identify any areas of concern w here the reduced footpr int may not be practical.
• Our team w ill host an open-house style meeting to present the preliminary p lans to the preliminary p lans to the
pub li c and project stakeho lders for feedback.
Task 4 - Bidding and Implementation
Progress ive AE w ill assist the City in obta ining bids for any item s no t ed fo r bidding. We w ill ass ist on comp leting
permit app li ca tio ns and subm ittals of all perm it packages. We w ill help adm ini ste r and mon itor t he permit rev iew
process and exped ite all perm its w heneve r possible . We w ill be ava il ab le t o answer all RF ls inquires that arise
during the bidding, permitting, and im p lementatio n pha ses. We wi ll review any shop drawings submitted from the
contractor an d ens ure all materials meet c urrent standards.
Our team w ill host a pre- in sta ll ation meeting at o ur Muskego n office w ith all parties for final review of the
implementation procedure. At thi s meeting we w ill ta lk about work site safety and staging. We wi ll review fina l
insta ll atio n drawings and discuss suggested m aintenance of traffic durin g in sta ll ation.
Progressive AE w ill prov id e oversig ht during th e initial insta ll at ion to ensure t he project is constructed per approved
final p lans. We will have qualifi ed staff on site during all stage s of in sta ll at ion of roadway im provements.
Task 5 - Summary Report
Our team w ill prepare and execute a survey to seek feedback from motorist. nearby res idents and businesses,
and other stakeho lders. Progressive AE wi ll also ana lyze all data and findings from the pi lot road diet project and
prepa re a report summ ariz in g all findings. Our summary repo rt w ill inclu de the following:
• Executive Summary which w ill include recommendations on the viab ility of the project
• Summ ary of stakeho lder find in gs with full re sponses in the appendi x.
• Areas of Shore lin e Drive where we found issues or concerns due to t he reduced footpr int.
• Observed and pote ntia l tra ffi c diversion routes.
• Insta ll atio n plans w hi ch in clude typica l sect ions, pavement marking, signage, and traffi c signa l revisions .
Our team is comm itted to working in partnership the City of Mu skegon and MDOT to develop a successfu l pilot
program to reduce the roadway footp rint and p rovid e im proved pedestrian cross in gs for Shore lin e Drive. Our
find in gs w ill be in st ru mental for a potenti al future road diet on Shoreline Drive. We und ersta nd the schedu le for this
project and are dedicated to m eet th e tim eline provided in the RFP understanding that the final summary report to
submitted to the City in December 2022. Please see our proposed tentative schedul e on the next pages to ach ieve
t he goa ls of th is p roject.
PROGRESS IVEAE.COM P 12
Project: M ichigan Avenue Corridor Study
3/9/2 022
2022
Des ign Schedule 4/18 4/25 512 519 5116 5IZ3 5/30 616 6113 6/20 6/27 714 7/11 7118 7/25 Bf1 8f8 Bf15 8122 8129 915 9112 9119 9126 101'3 " ' " ' 10/24 101'31 11 17 11114 11 /21 11/28 12/5 12/ 12 12/19
~~ u--.....·. ~--~· 1 5 s 1 0 9 10 11 12 13 14 15 16 11 10 19 20 21 22 23 24 2s 26 21 20 29 30 31 32 33 34 35 36
Rt\'ftw on nlsrlng doUd9tl
P1o}tc l schtdult
Submltmcinlhlyln llDIUS
Submit monthly progrtu rt ports (9 rtportJ}
QA/QC
P13 PROGRESS IV EAE.COM
PROGRESS IVEAE.COM P14
We have care fully se lected a d ynam ic team of leaders in t heir discip li nes to jo in The City of Muskegon on this project.
Our co ll ective team has put together our professiona l fees based on o ur knowledge and experience in th e curre nt
market dynam ic conditions. We propose to do the work delineated in the above work plan for a total of $51,926
includin g expenses and travel. We have broken down cost by ta sk and hours be lows:
Project: Muskegon Shoreline Drive Traffic Reconfiguration Date: 3/09/2022
Tranportatlon Tranportation Sr. Traffic Sr. Traffic Project
Classi fication/Employee Grad Engineer
Practice Lea der Practice leader Engineer Enginee r Assistant
Total
ChrlsZull Tim Bradshaw Nick Lacroix Mike Miller Chris F Emily TonyH
BUI Rate oer hour $215 $215 $160 $160 $ll0 $75 $75
l · ..
Design Enginee ring Tasks
• , ',.i:,· ',•,;. :-::::-'-'•. .~!- ,.;.,:.;.
Review all existing documents, plans, policies & data as it pertains to
,• -~~-- . ' . ,aw-•, · :•~·•••· ;,c;:, •• :,,, ·.,,, ., ,·;:,"'-!"~"',.."r,--;- Ci'• ·~.';;\<·:,r-, ;'i<, ··,•·•··;- ';;,;•'.;·a••'..: ·,c- ,-v ..... -~ .:~·: •. ~,~ .
the Corridor I 4 4
Pr epare Existing Summary Document 4 4
Identify data th at is required for analysis I 4 4
Identify current state transportation requirements and guidelines 4 4
Compile as-bufft records, exis ting traffic count data and other
2 8 10
docum ents
Purpose and Needs Document 1 4 5
Subtotal (hours) 1 0 2 20 8 0 0 31
';li:,..: ...-. ....-~_=-~~·. ,> .. ··.zt·.1;: ·;;:.:
Subtotal (cost)
..~.
$215
7 ...
$0
,..
$320
•.'I-~~ ~ t -•:,.·.. ,;;
$3,200 $880
=
$0 $0
·" ..
$4,615
;,
Prepare detailed Project Management Plan 2 2
Determine Project Management Team 2 2
Kickoff Meeting 4 4 8
ldentifv missing data 1 2 3
Prolect schedule 4 4
Subtota l (h ou rs) 1 o , 4 14 0 0 0 19
Subtotal (cost) $215 $0 $640 $2,240
.=~·-~-~.~· $0' $0 $0 $3,095
.. ,,
.,
Develop Existing Conditions
. ·~ <
·- ,c ·=·· .,.
4
·~-,,;;
16 20
Develop Proposed Project Plans I Cross Sections 4 16 20
Evaluate proposed pilot at one lnteresectian 0
@4th St 8 8 16
Evaluate possible diversion routes 0
@ Muskegon Dr 4 2 6
@ W ebster Ave 4 2 6
Finalize Proposed Project Plans/ Cross Sections 4 8 12
Perform Traffic Analysis, confirm diversion routes 1 8 9
Public and Shareholder Ooenhouse 4 4 4 8 20
Su btotal (h ours) 5 0 28 16 40 8 12 109
: '' I' . ·/· ,:.
Subtotal (cost)
'· ·, ,., .. ·.·
$1,075
.. ·.·.,· •,;. ·.
$0
. $4,480
'.;, F' :. .;.·
$2,560
J. . ,:•.
$4,400
..
""'
$600
~
,,
$900 $ 14,015
Assist with Bidding Process 4 4
Permitting 4 4
Rfls 4 4
Shop Drawings 4 4
Pre-Installation Meeting 4 4 8
Installation Oversite 16 16
Subtota l (hours) 0 0 4 36 0 0 0 40
Subtota l (cost) $0 $0 $640 $5,760 $0 $0 $0 $6,400
l· '. ;· ' - ·- iS ·.- ,'. ,•. a,· -~· · ..•·. ... ·., .
Feedback Survey
" ·,:
I I 8 ' 8
s ";'.' •' ·.( '· '
24 40
Summary Report I I
Executive Summary I I 8 8
Areas of Concern I 4 4
Traffic Diversion Routes and Exhibits 4 4 8
Typical Plan and Sections w/ graphics 4 8 12
Pavement Marking, Signing and Siana/ Plans w/ Graohics 4 8 12
Summary Report Meeting w/ City 1 4 4 9
Revisions and Fina l Summary Report Submittal 4 4 4 2 14
Subtotal (hours) 1 0 24 24 32 26 0 107
r1· 0
: .' .
PMT meetings (8 meetings -Assume virtual)
• I. ••:'1...."-ll ' ' . ,,
Su btotal (cost)
' ·.;;..•°'i!.--·•.•-·
$21 5
,--!•-.en-:·.,,·";-:
8
$0
.' ·, .,, ., ....,
$3,840
8
.•,·
$3,840
8
.,,.. $3,520
; ,., " :_,_.,
$1,950
~
$0
-..., ...
$13,365
,.,,
24
.
Project budget 2 2
Project schedule 2
Submit monthly Invoices 2 2
Submit monthly progress reports (9 reports) 4
QA/QC 4 4 8
Subtotal (hours) 12 4 8 18 0 0 0 42
Subtota l kostl s2 580 S860 Sl 280 s2 880 so so so $7600
labor (Hours) 20 4 70 128 80 34 12 348
labor {Weeks) 0.5 0.1 1.8 3.2 2.0 0.9 0.3 9
labor Subtotal (Cost) $4,300 $860 $11,200 $20,480 $8,800 $2,550 $900 $49,090
PlS PROGRESS IVEAE.COM
2022 Schedule of Invo ice Rates proqrPssivP laP
Hourly Staff Charges
Cla ss 10 Personnel Principals $245/hour
Class 9 Personnel Practice Leaders, Directors $215/hour
Class 8 Personnel Sen ior Architect, Senior Engineer, Sen ior Project Manager $185/hour
Class 7 Personnel Senior Project Manager, Sen ior Architect, Senior Interior Designer, $160/hour
Sen ior Engineer, Senior Scientist
Class 6 Personnel Construction Superintendent, Engineer 11 , Project Manager 11, Senior $145/hour
Construction Administrator, Senior Technician
Class 5 Personnel Arch itect 11, Construction Administrator, Design Architect I, Engineer $130/hour
II, Project Manager I, Senior Interior Designer, Senior Technician
Cla ss 4 Personnel Architect I, Construction Super intendent, Interior Designer 11, $110/hour
Engineer I, GIS Technician, Planner I, Technician I
Class 3 Personnel Executive Assistant, Field Scient ist, Graduate Arch itect, Graduate $90/hour
Engineer, Interior Designer I, Technician I
Class 2 Personnel Graduate Interior Designer, Graduate Arch itect, Project Assistant $75/hour
Class 1 Personnel Interns $50/hour
Reimbursable Expenses:
1. Fees for Program, Financia l or Procurement Management se rvices when the Owner has engaged a supplier and
Architect is subject to a fee.
2. Building permit fees and plan review fees as required by the authorities having jurisdiction over projects at cost plus 10%.
3. Outside services , consultants, travel and lod g ing at cost plu s 10%.
4. Cop ies , t elephone, ce ll ph o ne vo ice and data c harges and office supplies wi ll be charged through a $25 p er month
Misc. Office Expense charge. Thi s charge wi ll not be app li ed to invoices under $1,000.
5. CAD black/white plotting at 15ct per square foot; CAD co lor p lott ing at 25ct per square foot; CAD low-dens ity co lor
images at 30ct each; CAD high density co lor im ages at 50ct each; large-format color plotting at $9 per square foot.
Postage, shipp ing, and lab tests at cost. Files written to CD wi ll be minimum $100 per drawing or $500 maximum.
Passenger vehicle mileage on projects at the IR S Standard Rate (currently 56.5ct per mile). Lodging, meals, and
airfare at cost. Machine rental GPS at $250 per day. Traffic Co unters at $60 per count. Surveying supp li es at 50ct per
stake.
6. Overtime expenses requiring higher than normal rate s if authorized by owner.
Notes:
1. Invoices are due upon receipt. Unpaid invoices shal l bear interest at a rate of 1 p ercent per month if not paid with in
30 days of the date of the invoice.
2. Special media reque sts may be at higher rate.
3. Hourly staff charges and expenses subject to change annua lly.
PROGRESS IVEAE.COM
Standard Agreement Provisions
Engineering Services
The parties to this agreement, Progressive AE, Inc., Grand Rapids, Michigan, USA, hereinafter
called the ENGINEER and City of Muskegon, Muskegon, Michigan, USA, hereinafter called the
OWNER, hereby agree to the following conditions:
1. Limit of Scope: The services provided by the ENGINEER shall be limited to those described in
the proposal dated March 29, 2022. The parties agree that the terms of the proposal are
incorporated herein by reference, and are part of this agreement as if fully set forth herein. If
any terms set forth in the proposal are expressly in conflict with the terms hereof, the terms of
the proposal shall govern.
2. Changed Conditions: If, during the term of this Agreement, the ENGINEER becomes aware of
any circumstances or conditions that were not originally contemplated by or known to the
ENGINEER, then to the extent that they affect the scope of services, compensations, schedule,
allocation of risks or other material terms of this Agreement, the ENGINEER may call for re-
negotiation of appropriate portions of the Agreement. The ENGINEER shall notify the OWNER
of the changed conditions necessitating re-negotiation, and the ENGINEER and the OWNER
shall promptly and in good faith enter into re-negotiation of this Agreement to address the
changed conditions. If terms cannot be agreed to, the parties agree that either party has the
absolute right to terminate this Agreement.
3. Delays: The OWNER agrees that the ENGINEER is not responsible for any damages arising
directly or indirectly from any delays for causes beyond the ENGINEER's control. For purposes
of this Agreement, such causes include, but are not limited to, strikes or other labor disputes;
severe weather disruptions, epidemics, pandemics or other natural disasters or acts of God;
fires, riots, war or other emergencies; failure of any government agency to act in a timely
manner; failure of performance by OWNER or the OWNER's contractors or consultants; or
discovery of any hazardous substance or differing site conditions.
In addition, if the delays resulting from any such causes increase the cost or time required by
the ENGINEER to perform its services in an orderly and efficient manner, the ENGINEER shall
be entitled to a reasonable adjustment in schedule and compensation.
4. Additional Services: Additional services not specifically identified in the Scope of Services shall
be paid for by the OWNER in addition to the fees previously stated, provided the OWNER
authorizes such additional services in writing. Special services will be billed monthly as work
progresses and invoices are due upon receipt. If services covered by this agreement have not
been completed within eight (8) months of the date of this agreement, through no fault of the
ENGINEER, extension of the ENGINEER'S services beyond that time shall be compensated
as additional services.
5. Standard of Care: Professional Services provided by the ENGINEER will be conducted in a
manner consistent with that level of care ordinarily and normally exercised by licensed
ENGINEERs and engineers practicing in the State where the Project resides. The OWNER
and ENGINEER agree that a contingency in the amount of three percent (3%) of the cost of
the work be established, as required, for changes that may be required because of possible
omissions, ambiguities, or inconsistencies in plans and specifications.
6. Value-Added/Betterment: If, due to the ENGINEER's error, any required item or component
of the project is omitted from the ENGINEER's Construction documents, the ENGINEER shall
not be responsible for paying the cost to add such item or components to the extent that such
item or component would have otherwise been necessary to the project tor otherwise adds
value or betterment to the project. In no event will the ENGINEER be responsible for any cost
or expenses that provides value, upgrade, or enhancement of the project.
The information in this document is the intellectual property of Progressive AE. It is intended solely for use by the
individual owner. Reproduction of any portion of this document for any purpose is strictly prohibited.
Standard Agreement Provisions
Engineering Services
7. Hazardous Materials: The ENGINEER shall have no responsibility for the discovery, presence,
handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic
substances in any form at the Project site. The Owner shall furnish tests, inspections and
reports required by law or the Contract Documents, such as structural, mechanical, and
chemical tests, tests for air and water pollution, and tests for hazardous materials.
8. Condominium Conversion: If the ENGINEER's services and Construction Documents are
intended for the design and construction of residential rental units, they shall be under the
ownership and control of a single, integrated OWNER. In the event the Project is changed to
any other purpose or use, including, but not limited to, subdivision into individual units for sale,
the ENGINEER shall have no responsibility, and shall be released from all obligations and
liabilities for the Project, and each and every right, license and/or ownership interest of the
OWNER of the Construction Documents shall be void. The OWNER shall be expressly
prohibited from making any further use of the Construction Documents for any purpose,
including, but not limited to, the conversion of the Project to another purpose. Further, the
OWNER agrees, to the fullest extent permitted by law, to indemnify, immediately defend, and
hold harmless the ENGINEER, its officers, directors, employees and subconsultants
(collectively, ENGINEER) against all damages, liabilities or costs, including reasonable
attorney's fees and defense costs, arising out of or in any way connected with the services
performed under this Agreement.
9. Opinions of Probable Construction Cost: In providing opinions of probable construction cost,
the OWNER understands that the ENGINEER has no control over the cost or availability of
labor, equipment or materials, or over market conditions or the Contractor's method of pricing,
and that the ENGINEER's opinions of probable construction costs are made on the basis of
the ENGINEER's professional judgment and experience. The ENGINEER makes no warranty,
express or implied that the bids or the negotiated cost of the Work will not vary from the
ENGINEER's opinion of probable construction cost.
10. Schedule for Rendering Services: The ENGINEER shall prepare and submit for OWNER
approval a schedule for the performance of the ENGINEER's services. This schedule shall
include reasonable allowances for review and approval times required by the OWNER,
performance of services by the OWNER's consultants, and review and approval times required
by public authorities having jurisdiction over the project. This schedule shall be equitably
adjusted as the project progresses, allowing for changes in scope, character or size of the
project requested by the OWNER, or for delays or other causes beyond the ENGINEER's
reasonable control.
11. Ownership of Reports, Drawings and Other Materials: The OWNER agrees that all reports,
drawings, letters, worksheets, plans, preliminary material tables, supportive data, documents
and other materials produced by the ENGINEER in the course of and for the purpose of
meeting this contract are the property of the ENGINEER, shall remain in the possession of the
ENGINEER and the ENGINEER has and retains all copyrights in such material. Upon
execution of this Agreement, the ENGINEER grants to the Owner a nonexclusive license to
reproduce the ENGINEER's Instrument of Service solely for the purposes of constructing, using
and maintaining the Project provided that the Owner shall comply with all obligations including
the prompt payment of all sums when due, under this Agreement.
12. Alteration and Reuse of CAD Information: Because computer-aided design/drafting (CAD)
information stored in electronic form can be modified by other parties, intentionally or otherwise,
without notice or indication of said modifications, the ENGINEER reserves the right to remove
all indications of its ownership and/or involvement in the material from each electronic medium
not held in its possession. The OWNER may retain copies of the work performed by the
ENGINEER in CAD form. Release of electronic media will be by execution of the ENGINEER's
Release of Electronic Media Request Form. Copies shall be for information and used by the
OWNER for the specific purpose for which the ENGINEER was engaged. Said material shall
The information in this document is the intellectual property of Progressive AE. It is intended solely for use by the
individual owner. Reproduction of any portion of this document for any purpose is strictly prohibited.
Standard Agreement Provisions
Engineering Services
not be used by the OWNER, or transferred to any other party, for use in other projects, additions
to the current project, or any other purpose for which the material was not strictly intended
without the ENGINEER's express written permission. Any unauthorized modification or reuse
of the materials shall be at the OWNER's sole risk, and the OWNER agrees to defend,
indemnify, and hold the ENGINEER harmless, from all claims, injuries, damages, losses,
expenses, and attorneys' fees arising out of the unauthorized use or modification of all Project
documentation.
13. Payment Terms: Invoices will be submitted by the ENGINEER monthly, are due upon
presentation and shall be considered past due if not paid within thirty (30) calendar days of the
date of invoice. Invoices past due shall accrue interest at one percent (1%) per month from the
original invoice date. If past due invoices cause the ENGINEER to proceed with legal action or
collection services, the OWNER agrees to pay all of the ENGINEER's collection expenses
including reasonable attorney fees.
14. Disputed Invoices: If the OWNER objects to any portion of an invoice, the OWNER shall so
notify the ENGINEER in writing within ten (10) calendar days of receipt of the invoice. The
OWNER shall identify in writing the specific cause of the disagreement and the amount in
dispute and shall pay that portion of the invoice not in dispute in accordance with other payment
terms of this Agreement. Any dispute over invoiced amounts due which cannot be resolved
within ten (10) calendar days after presentation of invoice by direct negotiation between the
parties shall be resolved within thirty (30) calendar days in accordance with the Dispute
Resolution provision of this Agreement. Interest at one percent (1 %) per month shall be paid
by the OWNER on all disputed invoice amounts that are subsequently resolved in the
ENGINEER's favor and shall be calculated on the unpaid balance from the due date of the
invoice.
15. Abandonment of Work: If any work is abandoned or suspended, the ENGINEER shall be paid
for services performed prior to receipt of written notice from the OWNER of abandonment or
suspension.
16. Professional Liability Insurance and Limitation of Liability: The ENGINEER maintains
professional liability insurance as part of its normal business practice. The OWNER agrees to
limit the ENGINEER's liability to the OWNER and to all Construction Contractors and
Subcontractors on the project due to the ENGINEER's negligent acts, errors, or omissions,
such that the total aggregate liability of the ENGINEER to all those named shall not exceed the
amount of the ENGINEER's compensation for the Project.
17. Indemnification: Subject to the limitation in paragraph 16 above, the ENGINEER agrees to the
fullest extent permitted by law, to indemnify and hold harmless the OWNER against damages,
liabilities and costs arising from the negligent acts of the ENGINEER in the performance of
professional services under this Agreement, to the extent that the ENGINEER is responsible
for such damages, liabilities and costs. The ENGINEER shall not be obligated to indemnify the
OWNER for the OWNER's own negligence.
18. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the
fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective
officers, directors, partners, employees, contractors or sub-consultants shall be liable to the
other or shall make any claim for any incidental, indirect or consequential damages arising out
of or connected in any way to the project or to this Agreement. This mutual waiver of incidental,
indirect and consequential damages shall include, but is not limited to, loss of use, loss of profit,
loss of business, loss of income, loss of reputation or any other consequential damages that
either party may have incurred from any cause of action including negligence, strict liability,
breach of contract and breach of strict or implied warranty. Both the OWNER and the
ENGINEER shall require similar waivers of consequential damages protecting all the entities
or persons named herein in all contracts and subcontracts with others involved in this project.
The information in this document is the intellectual property of Progressive AE. It is intended solely for use by the
individual owner. Reproduction of any portion of this document for any purpose is strictly prohibited.
Standard Agreement Provisions
Engineering Services
19. Dispute Resolution: In an effort to resolve any conflict, the duly authorized representatives of
each party will meet together in good faith in an attempt to resolve the conflict. If this attempted
resolution fails to resolve the claim or dispute, the parties agree that all claims, disputes, and
other matters in question between the parties arising out of or relating to this Agreement or
breach thereof first shall be submitted for non-binding mediation to any one of the following, as
agreed to by the parties: American Arbitration Association, American Intermediation Service,
Americord, Dispute Resolution, Inc., Endispute, or Judicate. The parties hereto agree to fully
cooperate and participate in good faith to resolve the dispute(s). The cost of mediation shall be
shared equally by the parties hereto. Any time expended in mediation shall not be included in
calculating the time for filing arbitration.
If mediation fails to resolve the claim or dispute, the matter shall be submitted to arbitration with
the American Arbitration Association under the Construction Industry rules, unless the parties
agree otherwise or unless a plaintiff not a party hereto institutes litigation in a court of competent
jurisdiction and said court takes personal jurisdiction over one of the parties hereto regarding
the same subject matter as in dispute between the parties hereto.
No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder,
or in any other manner, any additional person not a party to this Agreement except by written
consent of the parties and such consent to arbitration involving an additional person(s) shall
not constitute consent to arbitration of any dispute not described therein. This Agreement to
arbitrate and any agreement to arbitrate with an additional person(s) shall be specifically
enforceable under the prevailing arbitration law.
The demand for arbitration shall be made within one (1) year of the date the claimant knew or
should have known of the existence of the claim, dispute, or other matter but in no event later
than 3 years after the date of substantial completion of the project. If the demand for arbitration
is not effectuated within such times, the claim, dispute, or other matter shall be forever barred.
The decision rendered by the arbitrators shall be final, and judgment may be entered upon it in
accordance with applicable law in any court having jurisdiction thereof. In the event either party
makes a claim or brings an arbitration action or lawsuit against the other party for any act
arising out of the performance of the services hereunder, and the claimant fails to prove such
claim or action, then the claimant shall pay all legal and other costs (including attorneys' fees)
incurred by the other party in defense of such claim or action.
20. Hiring of Personnel: OWNER may not directly hire any employee of the ENGINEER. OWNER
agrees that it shall not, directly or indirectly solicit any employee of the ENGINEER from
accepting employment with OWNER, affiliate companies, or competitors of ENGINEER.
21. Site Signage: The ENGINEER shall be permitted to install on the project premises an exterior
sign of not more than 60 square feet for promotional purposes. The location of the sign shall
be mutually agreed upon by OWNER and ENGINEER, not to be unreasonably withheld by
either.
22. Means and Methods: The ENGINEER shall not have control over, charge of, or responsibility
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the work, nor shall the ENGINEER be responsible
for the constructor's failure to perform work in accordance with the contract documents.
23. Evaluation of Work: The ENGINEER shall have authority to reject work that does not conform
to the contract documents, however, the ENGINEER does not have authority to stop work at
any time.
The information in this document is the intellectual property of Progressive AE. It is intended solely for use by the
individual owner. Reproduction of any portion of this document for any purpose is strictly prohibited.
Standard Agreement Provisions
Engineering Services
24. Buried Utilities: The OWNER will be responsible for furnishing the ENGINEER information
identifying the type of all underground utilities and verifying their specific locations. The
ENGINEER (or their subconsultant) will rely on this information and prepare a plan that shows
the locations intended for connections with respect to assumed locations of underground
utilities provided by the OWNER. The OWNER will approve of all locations of subsurface
penetrations prior to them being made. The OWNER agrees to waive all claims and causes of
action against the ENGINEER for damages to underground improvements. The OWNER
further agrees to indemnify and hold the ENGINEER harmless from any damage, liability or
cost, including reasonable attorney's fees and defense costs for any property damage, injury
or economic loss arising or allegedly arising from subsurface penetrations.
25. ADA Requirements: The ENGINEER shall make a reasonable professional effort to interpret
applicable ADA requirements as they apply to this project but cannot warrant or guarantee
compliance due to the fact it is civil rights legislation and open to many different interpretations.
The information in this document is the intellectual property of Progressive AE. It is intended solely for use by the
individual owner. Reproduction of any portion of this document for any purpose is strictly prohibited.
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