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Professional Engineering Consultant Services AGREEMENT for PROFESSIONAL ENGINEERING SERVICES This PROFESSIONAL ENGINEERING SERVICES AGREEMENT(hereinafter referred to as the Agreement), is made this 1dtftday of October 2020, by and between the Village of Oak Brook, Illinois, a municipal corporation, organized and existing under the laws of the State of Illinois (hereinafter referred to as VILLAGE), and EZA Engineering PLLC, an Illinois professional limited liability company that provides professional engineering services(hereinafter referred to as ENGINEER). WHEREAS, the VILLAGE and ENGINEER desire to enter into a business relationship subject to the terms and conditions set forth in this Agreement;and WHEREAS, the VILLAGE and ENGINEER are duly authorized and capable of entering into this Agreement. NOW,THEREFORE,in consideration of the mutual covenants,representations,and obligations set forth herein this Agreement,VILLAGE and ENGINEER agree as follows: SECTION 1—PROFESSIONAL SERVICES OF ENGINEER 1.1 The VILLAGE, does hereby hire the ENGINEER as a non-exclusive professional engineer consultant to perform professional engineering services(Services)generally associated with engineering, stormwater, and land development requirements as regulated by the Village Code of Oak Brook, Illinois and the DuPage County Countywide Stormwater and Flood Plain Ordinance (hereinafter referred to as ORDINANCE). Said services can be categorized under the following tasks and a detailed description of each task is provided in EXHIBIT A. 1.1.1 Stormwater Administrator Services 1.1.2 Planned Development and Plan Commission Engineering Services 1.1.3 General Engineering Services 1.2 All services shall be performed by or under the direction of a professional engineer licensed in the State of Illinois. 1.3 Subconsultants. ENGINEER will not utilize the services of subconsultants under this Agreement. 1.4 Changes. VILLAGE shall have the right to make changes to the scope of services upon execution of a mutually acceptable amendment to the Agreement signed by authorized representatives from each party. Appropriate compensation for the change shall accompany any executed change. SECTION 2—RESPONSIBILITIES OF VILLAGE 2.1 VILLAGE shall provide ENGINEER with any available historical information relevant to a given development on a timely basis upon request by ENGINEER. 2.2 Property Access. VILLAGE shall provide safe and reasonable physical access to public property and shall make reasonable efforts to obtain access to private properties,to the extent permitted by law, if said property is subject to a Service referenced in EXHIBIT A to this Agreement. SECTION 3—COMPENSATION 3.1 ENGINEER shall be compensated on an hourly rate basis as defined in EXHIBIT B to this Agreement. 3.2 Invoices shall be submitted to the VILLAGE in the ENGINEER's standard format on a monthly basis. ENGINEER shall provide additional documentation with each invoice to assist the VILLAGE in managing internal Village accounts. 3.3 Payments shall be made in accordance with the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.). It is understood that the VILLAGE is solely responsible for making payments to the ENGINEER and shall not rely upon lack of funds from a third parry as reason to withhold payment to the ENGINEER. VILLAGE shall advise ENGINEER in writing for any disputed portions on any invoice. SECTION 4—GENERAL CONSIDERATIONS 4.1 Performance Standards. ENGINEER shall perform the Services described in EXHIBIT A to this Agreement in accordance with generally accepted engineering standards and practices in the State of Illinois and further, ENGINEER represents that it is technically qualified, trained, and experienced to perform such Services. The VILLAGE shall have no independent obligation to verify the accuracy or completeness of ENGINEER's work or Services furnished pursuant to this Agreement. Should ENGINEER fail to meet the foregoing performance standard,the VILLAGE shall notify the ENGINEER in writing within one year and ENGINEER shall diligently and immediately rectify the error(s)and/or omission(s)at its own cost. Should the ENGINEER fail to rectify the error(s)and/or omission(s), and the VILLAGE is required to correct such error(s)and omission(s),the ENGINEER shall be responsible to the VILLAGE for all reasonable costs incurred by the VILLAGE to make said corrections. No warranty,expressed or implied is included in this Agreement or in any review letter or opinion provided under this Agreement. 4.2 Insurance. For the duration of this Agreement, ENGINEER will procure and maintain the following minimum insurance coverages for itself and for any subcontractors employed by the ENGINEER: Type of Coverage Limits of Liability Workers'Compensation Statutory Employers' Liability $500,000 Each Accident Commercial General Liability: Bodily Injury and Property Damage $1,000,000 Combined Single Limit Automobile Liability: Bodily Injury and Property Damage $1,000,000 Combined Single Limit Professional Liability $1,000,000 Per Claim Umbrella Liability No less than $3,000,000 but not more than $5,000,000 Aggregate for all coverages excluding Workers'Compensation ENGINEER will include the VILLAGE, its officers, employees, and agents as additional insured on any of the policies above and will provide to the VILLAGE a certificate of insurance as evidence of the specified insurance. 4.3 Termination. 4.3.1 The VILLAGE or ENGINEER may terminate this Agreement by providing fourteen (14)days written notice to the other Party, in the event of substantial failure to perform in accordance with the terms in this Agreement. If so terminated,the VILLAGE shall pay the ENGINEER all amounts due for all services properly rendered and expenses incurred to the date of receipt of written termination. 4.3.2 In the event of early termination by the VILLAGE and through no fault of the ENGINEER,the VILLAGE shall reimburse the ENGINEER to recover all reasonable costs and expenses incurred to the date of written termination. 4.3.3 In the event of early termination by the ENGINEER and through no fault of the VILLAGE, the ENGINEER shall reimburse the VILLAGE to recover all reasonable costs and expenses incurred to complete any incomplete assignments (such as an ongoing permit review)to the ENGINEER at the time of written termination. 4.4 Disputes. Upon the occurrence of a dispute between the VILLAGE and the ENGINEER, both parties shall hold a meeting to remediate the dispute. If the dispute results in litigation, the prevailing party shall be entitled to recover all reasonable costs of the litigation including court costs, attorney fees,and other related expenses. 4.5 Rights and Benefits. Professional engineering Services provided by the ENGINEER shall be performed for the sole benefit of the VILLAGE and not for any other party. 4.6 Notice. Any Notice provided to either party under the terms of this Agreement shall be in writing and addressed to the following: VILLAGE ENGINEER Director of Development Services James Patterson, P.E. Village of Oak Brook EZA Engineering PLLC 1200 Oak Brook Road 318 West Half Day Road,#253 Oak Brook, Illinois 60523 Buffalo Grove, Illinois 60089 4.7 Entire Agreement. This Agreement contains the entire agreement between the VILLAGE and the ENGINEER. All other or previous correspondence shall not be construed as part of this Agreement and the terms and Services described herein shall not superseded this Agreement. IN WITNESS WHEREOF, the VILLAGE and ENGINEER hereto have executed this Agreement as of the day and year first above written. ENGINEER Company: EZA Engineering PLLC By: Name: James Patterson, P.E. Title: President VILLAGE Village of Oak By: Name: Riccardo F.Ginex Title: Village Manager By: Name: Charlotte Pruss Title: Village Clerk EXHIBIT A PROFESSIONAL ENGINEERING SERVICES ENGINEER'S SCOPE OF SERVICES Task 1—Stormwater Administrator Services A. Assist the Village Stormwater Administrator is performing all responsibilities as defined in Title 9 of the Village Code. Such responsibilities include but are not limited to: 1. Perform reviews of engineering permit submittals. 2. Conduct site visits and/or desktop evaluations for each site for which a permit is sought to determine whether the documents submitted by the applicant are accurate. 3. Provide performance security requirements for applicable permits. 4. Conduct engineering inspections as required through the construction of engineering permits and Stormwater Management Certifications. Such inspections include erosion control, spot survey, storm sewer, PCBMP, detention, flatwork, and final engineering inspections, among others. From time to time, responsibilities include checking construction sites for Village compliance with the ORDINANCE. Task 2—Planned Development and Plan Commission Engineering Services A. As requested, meet with developers and their design professionals to discuss preliminary engineering requirements and key engineering issues. B. Perform preliminary engineering reviews of planning submittals. Reviews typically may include stormwater and traffic impacts as well as subdivision plat reviews. C. Attend Planned Development and Plan Commission meetings as directed by Village staff. Task 3—General Engineering Services A. Provide in-house engineering services to the Department of Development Services. ENGINEER will commit to providing in-house engineering services a maximum of four(4)days per week but is subject to change depending on the VILLAGE's needs or other uncontrolled events, such as a worldwide pandemic. Such services may include: 1. Provide Village staff with answers to engineering questions as necessary. 2. Answer engineering-related phone calls and respond to engineering questions at the front window. 3. Provide floodplain map information and answer floodplain-related questions as needed. 4. Respond to and resolve drainage complaints from residents and for commercial properties as directed by Village staff. 5. Attend Village Board meetings as directed by Village staff. 6. ENGINEER understands they may be asked to sign and seal documents as the "Village Engineer"from time to time. B. Assist the Village by working with an interim engineer selected by the Village to maintain engineering services as described above. RESPONSIBILITIES OF VILLAGE From time to time, the VILLAGE may revise and refine the process for the services described above in Tasks 1-3. ENGINEER is encouraged to recommend changes that may be beneficial to the VILLAGE and the process. VILLAGE will provide copies of planning and permit submittals for review. VILLAGE will assist ENGINEER regarding interpretation of the ORDINANCE and Village requirements. VILLAGE will assist ENGINEER in gaining field access to project sites and affected areas as required to complete permit reviews and inspections. EXHIBIT B SCHEDULE OF ENGINEER'S HOURLY BILLING RATES FOR PROFESSIONAL SERVICES Staff Rate Principal Engineer $150.00 per hour Notes 1. Outside costs incurred by ENGINEER for services such as printing,messenger,or delivery services, shall be reimbursed by the VILLAGE at a rate of cost+5%. 2. The rates above are effective for services through December 31,2020 and are subject to revision thereafter.