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Engineering Services Agreement Harger Road Bike Path ConnectionENGINEERING SERVICES AGREEMENT VILLAGE OF OAK BROOK DESIGN OF HARGER ROAD BIKE PATH CONNECTION PROJECT THIS AGREEMENT, made and entered into this ) day of September 2018, by and between Christopher B. Burke Engineering, Ltd. (hereinafter referred to as `ENGINEER") and the Village of Oak Brook, a municipal corporation (hereinafter referred to as "VILLAGE") covers certain professional engineering services in connection with the Harger Road Bike Path Connection Proiect, (hereinafter referred to as "PROJECT"). The VILLAGE wishes to retain ENGINEER for these certain professional engineering services and ENGINEER is willing to perform such services for the compensation and in accordance with the terms and conditions described in this Agreement. NOW, THEREFORE, in consideration of the mutual benefits, covenants and agreements contained within this Agreement, the parties agree as follows: SCOPE OF SERVICES ENGINEER agrees to perform engineering consulting services as defined in the Scope of Services attached as Appendix I and made a part of this Agreement. 2. COMPENSATION AND PAYMENT ENGINEER shall be paid by VILLAGE for all services stipulated within this Agreement according to the Compensation Schedule attached as Appendix II and made a part of this Agreement. Payment to ENGINEER shall be made by VILLAGE upon receipt of ENGINEER'S monthly invoice. The invoice shall consist of a summary of direct labor hours by ENGINEER'S standard job classification times the respective factors as depicted in Appendix II plus listing of reimbursable costs incurred with copies of appropriate invoices. The invoice will state the phase of work for which it applies, if a multi -phase scope is used (e.g., design, construction, etc.). If VILLAGE identifies an item in the invoice which appears to be in error, VILLAGE may withhold the amount in question, pay the balance of the invoiced amount, and provide ENGINEER with a statement concerning the questioned item. Alternatively, VILLAGE may pay the invoiced amount in full, provide ENGINEER with a statement of the questioned item, and an adjustment, if appropriate, will be made in the next subsequent invoice submitted by ENGINEER. Engineer will mark "Invoice number and final" on the invoice which closes out this contract or a phase of the contract. If VILLAGE fails to make any payment due ENGINEER for services and expenses, including amounts wrongly withheld, within thirty (30) days after submittal of ENGINEER'S billing thereof, the amounts due ENGINEER shall include a charge at the Page 1 rate of one percent (1.0) per month from such thirtieth (30th) day; and, in addition, the ENGINEER may, after giving seven (7) days written notice to VILLAGE, suspend services under this Agreement until it has been paid in full the amounts due it for services and expenses. During the period of any such suspension, the parties shall have the same rights and obligations as are provided by Subsection 5(e) of this Agreement. 3. TIME SCHEDULE The services required by this Agreement shall be completed in accordance with the Time Schedule attached as Appendix III and made a part of this Agreement. It is recognized by the parties that the Time Schedule may be contingent upon factors beyond the control of either party. Both parties will take all reasonable steps to adhere to the Time Schedule. 4. TERM OF AGREEMENT Unless extended by amendment, this Agreement shall terminate at the time of receipt of final payment by the ENGINEER, provided that all warranties and representations shall survive said final payment. 5. GENERAL TERMS AND CONDITIONS a. Modification The nature and the scope of services specified in this Agreement may only be modified by written amendment to this Agreement approved by both parties. b. Relationship between ENGINEER and VILLAGE ENGINEER shall serve as VILLAGE'S professional engineering consultant in those phases of the PROJECT to which this Agreement applies. The relationship is that of a buyer and seller of professional services, and it is understood that the parties have not entered into any joint venture or partnership with the other. C. Responsibility of the ENGINEER That all plans and other documents furnished by the ENGINEER pursuant to this Agreement will be endorsed by him and will show his professional seal where such is required by law. Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference, or in any agreement between VILLAGE and any other party concerning the PROJECT, ENGINEER shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or programs of VILLAGE, the construction contractor, other contractors or subcontractors performing any of the work or providing any of the services on the PROJECT, nor shall ENGINEER be responsible for the acts or omissions of VILLAGE provided that the ENGINEER has properly executed his Page 2 411850987_vl duties. ENGINEER shall not be responsible for the failure of VILLAGE, any architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the PROJECT documents, or any other agreement concerning the PROJECT. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this Subsection 5(c) is expressly amended for the purposes described in such amendment and is signed by ENGINEER. d. Corrections In the event plans, surveys or construction staking is found to be in error and revisions of the plans or survey or construction staking are necessary, the ENGINEER agrees that he will perform such work without expense to the VILLAGE, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the contractor. e. Suspension of Services VILLAGE may, at any time, by written order to ENGINEER (Suspension of Services Order), require ENGINEER to stop all, or any part of, the services required by this Agreement. Upon receipt of such an order, ENGINEER shall immediately comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to the services covered by the order. ENGINEER will not be obligated to provide the same personnel employed prior to suspension when the services are resumed, in the event the period of any suspension exceeds thirty (30) days. f Termination 1) The VILLAGE shall have the right to terminate this Agreement with or without cause upon serving thirty (30) days written notice upon the other ply. 2) Upon such termination, the liabilities of the parties to this Agreement shall cease, but they shall not be relieved of the duty to perform their obligations up to the date of termination. All warranties and the provisions of Section 5, Paragraph I shall be in full force and effect after termination. Upon such termination, ENGINEER shall cause to be delivered to the VILLAGE all drawings, specifications, partial and completed estimates, and any and all other data concerning the PROJECT which ENGINEER is then accomplishing for the VILLAGE. ENGINEER shall be paid for any services completed and any services partially completed in accordance with Sections 2 and 3. Page 3 #11850987_vl g. Warranties In addition to the covenants herein made, the ENGINEER represents and certifies that its engineering services shall be performed in accordance with the standards of professional practice, care, and diligence practiced by recognized engineering firms in the industry in performing services of a similar nature in existence at the time of performance. The representations and certifications expressed shall be in addition to any other representations and certifications expressed in this Agreement, or expressed or implied by law, which are hereby reserved unto the VILLAGE. h. Representations In addition to the covenants herein made, the ENGINEER represents and agrees: 1) That all plans and special provisions to be furnished by the ENGINEER pursuant to this Agreement will be in accordance with the current standard specifications and policies of the VILLAGE, it being understood that all such plans and drafts shall, before being finally accepted, be subject to approval by the VILLAGE. 2) That he has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 3) The ENGINEER represents and certifies that the ENGINEER is not barred from contracting with a unit of state or local government as a result of: (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue, unless the ENGINEER is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section I I - 42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (2) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. ENGINEER represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the VILLAGE prior to the execution of this Agreement, and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that the ENGINEER has, in procuring this Agreement, colluded with any other person, firm, or corporation, then the ENGINEER shall be Page 4 #11850987_vl liable to the Village for all loss or damage that the VILLAGE may suffer, and this Agreement shall, at the VILLAGE's option, be null and void. 4) That he is qualified technically and is conversant with the policies applicable to the PROJECT; and that he has and will furnish sufficient, properly trained and experienced personnel to perform the services enumerated herein. 5) That he will not employ, for the duration of this Agreement, any person presently employed by the VILLAGE without the written consent of the VILLAGE. 6) ENGINEER represents and certifies that, to the best of its knowledge: (1) no elected or appointed VILLAGE official, employee or agent has a personal financial interest in the business of ENGINEER or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither ENGINEER nor any person employed or associated with ENGINEER has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither ENGINEER nor any person employed by or associated with ENGINEER shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. i. Documents Property of VILLAGE Drawings, specifications, reports, and any other documents prepared by ENGINEER in connection with any or all of the services furnished hereunder shall be the property of VILLAGE and the VILLAGE shall obtain any and all intellectual property rights in the drawings, specifications, reports, and documents prepared by ENGINEER in connection with any and all of the services furnished hereunder. ENGINEER shall have the right to retain copies of all documents and drawings for its files. All construction drawings shall be prepared electronically using MICROSTATION software. Paper copies will be provided to the VILLAGE in full-size (24" x 36") or quarter -size (11" x 17") as requested. Electronic design files will also be transferred to the VILLAGE. If construction services are a part of the ENGINEER'S work, he will create electronic "As -Built" conditions and will deliver them to the VILLAGE within thirty (30) days after completion of construction and before final payment to the ENGINEER. ENGINEER will title these files "Record Drawings". If construction services are not part of the ENGINEER'S work, he will deliver electronic MICROSTATION files to the VILLAGE upon request and before final payment to the ENGINEER. Page 5 a n sso9s7_v i j. Access to Records The ENGINEER shall maintain all books, documents, papers, accounting records and other evidence pertaining to his costs incurred by reason of this Agreement and agrees to make such material available, at his office at the address indicated in Section 5, Paragraph u of this Agreement, at all reasonable times during the life of this Agreement and for a period of three (3) years from the date of final payment of the obligations of this Agreement by the VILLAGE or such longer time as requested by the VILLAGE, for inspection by personnel of the VILLAGE, or any authorized representative of the VILLAGE, and copies thereof shall be furnished if requested. The cost of any copies shall be paid by the VILLAGE. k. Reuse of Documents All documents, including drawings and specifications furnished by ENGINEER pursuant to this Agreement, are intended for use on the PROJECT only. They should not be used or modified by VILLAGE or others on extensions of the PROJECT or any other project without specific written verification or adaptation by ENGINEER. Any reuse or modification without written verification or adaptation by ENGINEER shall be at VILLAGE'S sole risk. 1. Indemnification ENGINEER agrees to indemnify, hold harmless, and defend (or pay the VILLAGE for the costs of defense if the Village so desires in its sole discretion) the VILLAGE and any of its officers, employees, or agents from and against all liability, claims, demands, and causes of action arising out of or related to any loss, damage, injury, death, or loss or damage to property resulting from any negligence, errors or omissions by the ENGINEER in the performance of this Agreement. In the event of joint or concurrent negligence of ENGINEER and VILLAGE, each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties) which caused the personal injury or property damage. in. Entire Agreement This Agreement sets forth all the covenants, conditions and promises between the parties. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. n. Governing Law This Agreement shall be governed by the laws of the State of Illinois both as to interpretation and performance. Page 6 411850987_vl o. Successors and Assigns The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither party shall assign this Agreement in whole or in part without the proper written approval of the other. P. Waiver of Contract Breach The waiver of one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this Agreement, and shall not be construed to be a waiver of any provision, except for the particular instance. q. Severability of Invalid Provisions If any provisions of this Agreement shall be held to contravene or be invalid under the laws of any particular State, County or jurisdiction where used, such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provision or provisions held to be invalid in the particular State, County or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. r. Force Majeure Neither VILLAGE nor ENGINEER shall be liable for any fault or delay caused by any contingency beyond their control, including, but not limited to, acts of God, wars, strikes, walkouts, fires, or natural calamities. S. Access and Permits VILLAGE shall arrange for ENGINEER to enter upon public and private property and shall obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the PROJECT. t. Designation of Authorized Representatives Each party shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the PROJECT. The persons designated shall review and respond promptly to all communications received from the other party. U. Address for Notices Whenever it is provided in this Agreement that notice shall be given or other communication sent to ENGINEER, such notices or communications shall be delivered or sent to: Page 7 a11850987_vi Christopher B. Burke Engineering, Ltd. 9575 West Higgins Road Suite 600 Rosemont, Illinois 60018 Attn: Orion Galey, PE Whenever it is provided in this Agreement that notice shall be given or other communication sent to the VILLAGE, such notices or communications shall be delivered or sent to: VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 Attn: Doug Patchin Director of Public Works Notices personally delivered or sent via U.S. Mail, postage prepaid, shall be deemed, for all purposes, proper notice. V. Insurance ENGINEER agrees to obtain and maintain, for the term of this Agreement, and for a period of twelve (12) months after the services contracted for hereunder have been completed, insurance hereinafter provided, furnishing a certificate or certificates of insurance to the VILLAGE prior to commencing work under this Agreement. The certificate or certificates of insurance shall be in a form satisfactory to the VILLAGE from companies authorized to do business in Illinois and shall provide that the policies referred to shall not be canceled or changed without first giving thirty (30) days written notice thereof to the VILLAGE. Said insurance requirements are attached as Appendix IV and made a part of this Agreement ("REQUIRED INSURANCE POLICIES"). The VILLAGE shall be named as an additional insured and a cancellation notice recipient on all Required Insurance Policies. W. Additional Services ENGINEER shall supply such additional services as requested in writing by VILLAGE and agreed to by ENGINEER in connection with the PROJECT. Separate proposals shall be submitted by ENGINEER for furnishing these additional services. Compensation for such additional services shall be negotiated by the parties and included in this Agreement by a written amendment. ENGINEER shall supply such additional services as requested in writing by VILLAGE and agreed to by ENGINEER in connection with the PROJECT. Separate proposals shall be submitted by ENGINEER for furnishing these additional services. Compensation for such additional services shall be negotiated by the parties and included in this Agreement by a written amendment. Page 8 a n aso9a7_v i X. Time Time is of the essence in the performance of all terms and provisions of this Agreement. Y. Third Party Beneficiary No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made or be valid against the Village. z. Conflicts If any provisions of this Agreement conflict with any provisions of the attached appendices I through IV, the provisions of this Agreement shall control. above. IN WITNESS WHEREOF, the parties set their hands and seals on the date first written VILLAGE OF OAK BROOK CHRISTOPHER B. BURKE ATTEST: MW nage Cler ATTEST: 811850987 vl Page 9 APPENDIX 1 SCOPE OF SERVICES Per Proposal for Professional Services submitted by Christopher B. Burke Engineering, Ltd., dated July 27, 2018. Page 10 #11850987_v1 APPENDIX II COMPENSATION SCHEDULE Per Proposal for Professional Services submitted by Christopher B. Burke Engineering, Ltd., dated July 27, 2018. Page I 1 #11850987_vl APPENDIX III TIME SCHEDULE Per Proposal for Professional Services submitted by Christopher B. Burke Engineering, Ltd., dated July 27, 2018. Page 12 #11850987_vl APPENDIX IV Insurance Engineer shall maintain for the term of this Agreement, and for a period of twelve months after the services is contracted for hereunder have been completed, insurance policies covering: Workers Compensation: Statutory. 2. Employers Liability Insurance: $1,000,000 injury -per occurrence $500,000 disease -per employee $1,000,000 disease -policy limit Such insurance shall evidence that coverage applies in the State of Illinois. Comprehensive General Liability Insurance: $2,000,000 per occurrence combined single limit. Coverages shall include Broad Form Property Damage Endorsements and Blanket Contractual Liability (must expressly cover the indemnity provisions of the Agreement). 4. Comprehensive Automobile Liability Insurance: $1,000,000 combined single limit, any auto. 5. Professional Liability Insurance (errors and omissions): $1,000,000 per claim and $2,000,000 in aggregate. Umbrella or excess liability: The required coverages may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following -form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. 7. Engineer will provide the Village with a certificate of insurance and additional insured endorsement showing the Village added to the General Liability Insurance as an additional insured. 8. Coverage shall not be suspended, voided, canceled, or reduced except after thirty (30) days prior written notice by certified mail has been given to the Village. If a standard Certificate of Insurance form is used with a cancellation clause, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be stricken or crossed out. Page 13 411850987_vl "ATTACHMENT A" July 27, 2018 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Attention: Mr. Doug Patchin, Public Works Director Subject: Proposal for Professional Engineering Services Design of Harger Road Bike Path Connection Dear Mr. Patchin: Christopher B. Burke Engineering, Ltd. (CBBEL) is providing this proposal for professional engineering services related to the preparation of the plans, specifications, and bidding documents related to the Harger Road Bike Path Connection Project. Included below you will find our Understanding of the Assignment, Scope of Services and Determination of Fee. UNDERSTANDING OF THE ASSIGNMENT Christopher B. Burke Engineering, Ltd. (CBBEL) understands that the Village of Oak Brook would like to create a bike path connection along the south side of Harger Road from an existing path to the west, which terminates at Oak Brook Mall, to an existing trail on the east which connects to the York Woods Forest Preserve trail system and also the Salt Creek Greenway Trail. Many alternatives were presented in the CBBEL Feasibility Study dated September 2017. Consequently, the Village of Oak Brook has chosen a variation of Alternative 2. This scope of work includes construction of an 8 -foot wide path which runs on the south side of Harger Road from the existing path on the west and crosses Salt Creek on a 16 -foot wide separate clear span prefabricated steel ped/bike structure. The path then continues east on a new alignment and falls within the 1-88 ramp right-of-way and connects to Yorkshire Woods. The total length of the path is approximately 900 feet. The path will also require a timber pile boardwalk to span across the flood plain and depressional area adjacent to Harger Road. The preliminary construction cost is $1,750,000. SCOPE OF SERVICES DESIGN ENGINEERING: Design services will include permanent easement procurement, geotechnical investigation, field reconnaissance, preparation of Contract Documents including plans and specifications, cost estimates, and bidding assistance. Our scope of services includes, but is not limited to, the following: Task 1 — Survey and Existing Conditions Design Included are the following survey tasks: • Horizontal Control: Utilizing state plane coordinates, State-of-the-art G.P.S. equipment will be used to establish recoverable primary control utilizing NAD '83, Illinois East Zone SPC, (2012 Adjustment) horizontal datum. • Vertical Control: CBBEL will perform a level circuit throughout the entire length of the project establishing benchmarks and assigning elevations to the horizontal control points. The elevations will be based on NAVD '88. • Topographic Survey: CBBEL will field locate all pavements, driveways, curb and gutters, signs, manholes, utility vaults, drainage structures, driveway culverts, cross road culverts, etc. • Cross -Sections: CBBEL will survey cross-sections of the roadway at 50' intervals extending 20' overlap from existing Right -of -Way the length of the roadway. CBBEL will also survey cross-sections at all driveways and other grade controlling features. • Utility Survey: CBBEL will survey all above ground utilities including, but not limited to: water, sanitary sewer, storm sewer, telephone, electric, cable and gas, etc. Identify size, type, rim, and invert elevations (where accessible). • Tree Survey: CBBEL will locate all trees over 6 inches in diameter within the area. • Research at the DuPage County Recorder's Office and Tollway records for purposes of compiling easement. • CBBEL will develop base sheets based on the above that clearly show all of the existing features within the study area. Task 2 — Procurement of Permanent Easement: CBBEL will contact the Tollway and draft the agreement necessary to construct the permanent bike path installation. Task 3 — Field Reconnaissance: CBBEL Design Staff, and Construction Staff as necessary, will perform a Field Reconnaissance of the project area to perform a field survey of existing field conditions and their impact on the proposed plan horizontal and vertical alignment of the new pathway. The results of the Field Reconnaissance will be reviewed with the Construction Department and to determine their impact on the estimated construction cost. Task 4 — Plans. Specifications, and Estimates: CBBEL prepare plan & elevation drawings, abutment and retaining wall details, and any temporary sheet piling or typical section detail for the prefabricated pedestrian bridge. CBBEL will work with the Village to select an aesthetically pleasing and functional design type for the truss superstructure. CBBEL will prepare plan & elevation drawings, section details, deck plan, abutment, and foundation details for the timber boardwalk north of Salt Creek. CBBEL will work with the geotechnical engineer to design the most efficient and economical foundations and retaining wall type. Specifications and a cost estimate will also be completed. Task 5 — Wetland Assessment and Mitigation Plan: CBBEL will perform a wetland assessment and report. If necessary, a mitigation plan will be prepared based on Ordinance requirements. We will design the plan to meet Ordinance requirements while preserving and maintaining the overall quality of the final constructed project. C'.\Userslrseren sWppDatalLocal\Miorosoli\Windows%lNetCache\Contenc0ullook%UIMZHVXU%0ak Brook- HarBerRoadBlkePetREoc Page 2of4 Task 6 — Hydraulic Modeling: CBBEL will prepare a hydraulic model detail in the Lower Salt Creek FEQ unsteady flow hydraulic model. The results of Task 5 be used to generate FEQUTL input files that will then be inserted into the FEQ hydraulic model. The results of this simulation will be used as the baseline conditions for comparison to the new proposed structure. Task 7 — Stormwater Management Permit: A permit for the new structure and supporting documentation will be prepared and submitted to the Village of Oak Brook for review and approval. The documentation will also be sent to the US Army Corps of Engineers and the Illinois Department of Natural Resources — Office of Water Resources for review and approval of the structure. Task 8 — CCDD Evaluation and Report: CBBEL will retain TSC to perform a 'Potentially Impacted Property" (PIP) evaluation for the completion of the LPC -662 Form and, if necessary, provide sampling and laboratory analyses for completion of the LPC -663 Form. Uncontaminated soil including uncontaminated soil mixed with clean construction or demolition debris (CCDD) accepted at a CCDD 511 operation must be certified to be uncontaminated soil in accordance with Section 22.51(f)(2)(B) of the Environmental Protection Act [45 ILCS 5/22.51(f)(2)(13)]. Uncontaminated soil accepted at an uncontaminated soil fill operation must be certified to uncontaminated soil in accordance with Section 22.51a(d)(2)(B) of the Environmental Protection Act [415 ILCS 5/22.51a(d)(2)(B). These certifications must be made by a licensed professional engineer or geologist (PE/PG) using the Form LPC -663 when the soil is removed from a site which is determined by the PE/PG to be a "Potentially Impacted Property" (PIP) based on review of readily ascertainable property history, environmental databases and site reconnaissance. Uncontaminated soil from a site which is not identified as a PIP by the PE/PG may be certified by either the source site owner or operator using a LPC -662 with pH analysis only. TSC will evaluate current Federal and State environmental agency records for the source site and vicinity by obtaining a Radius Map Report from Environmental Data Resources, Inc. (EDR). TSC will also perform a site reconnaissance to evaluate the property for evidence of the use or release of hazardous substances or petroleum products. A sample for pH analysis will be obtained from pavement cores outlined in Task 1. Based on the results of this review, the TSC Professional Geologist will conclude if the source sites are a PIP. If the source site is not identified as a PIP and pH analysis meet requirements, TSC will prepare a letter discussing the reviewed information and recommend that the Owner or Operator sign the LPC -662 Form certifying that the site is not a PIP and the soil is presumed to be uncontaminated. In the event that the source site is identified as PIP, soil sampling and analysis will be performed for completion of the LPC -663 form at additional costs of $1,200 per site. A summary report will be prepared which describes the sampling procedures and results of the analytical laboratory testing. If all analytical results meet their respective Maximum Allowable Concentrations of Chemical Constituents in Uncontaminated Soil Used as Fill Material At Regulated Fill Operations (MACs), Form LPC -663 will be filled out and signed by a Licensed Professional Engineer or Geologist. Please note that signing of Form LPC -663 is contingent upon all constituents meeting their respective MACs. If any constituent exceeds the MACs, the Licensed Professional will not be able to certify the soil as uncontaminated. In that event, additional analysis may be required in connection with disposal at a Subtitle D landfill, at additional cost for consulting, analytical testing and completion of the wasted profile. CiUsers\rserencesVAppData\Local\Microsoft\WindowstiNetCacelContent.ONIOokWIMZWWOak 8rook- HargerRoadikePath.tloc Page 3of4 Task 9 — Bidding Assistance: CBBEL will provide bidders with Plans, Specifications, and Contract Documents, and will be present at the bid opening to be held at Village Hall. CBBEL will review and tabulate all the bids, check references, and make a recommendation of award. DETERMINATION OF FEE CBBEL proposes the following not to exceed fees for each of the tasks described above: DESIGN ENGINEERING SERVICES Task 1 — Survey and Existing Conditions Design Task 2 — Procurement of Permanent Easement Task 3 — Field Reconnaissance Task 4 — Plans, Specifications, and Estimates Task 5 — Wetland Assessment and Mitigation Plan Task 6 — Hydraulic Modeling Task 7 — Storm Water Management Permit Task 8 — CCDD Evaluation and Report LPC -662 Task 9 — Bidding Assistance We would like to establish our contract approved Engineering Services Agreement Standard Charges. TOTAL $ 6,400 $ 4,100 $ 3,000 $ 78,500 $ 4,000 $ 4,500 $ 12,000 $ 3,500 $ 1,500 $ 117,500 in accordance with the Village of Oak Brook's , Rider No. 1, General Terms and Conditions and It is understood that this agreement may be terminated by either party upon 60 days written notice. Please sign both copies of the agreement and return one to us as an indication of acceptance and notice to proceed. Sincerely, Christopher B. Burke, PhD, PE, D.WRE, Dist.M. ASCE President THIS BY: TITLE DATE: OK: C.IUserslrserencesNppData\Local\Microsoft\Wmtlows\INetCacha\ContenlAupook\UIMZHV Mak Brook - HargerRoatlBlkePalh. tloc Page 4 of 4