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R-1127 - 10/11/2011 - AGREEMENT - ResolutionsRESOLUTION 2011- AG -EX1 -R -1127 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE PHASE 1 HIGHWAY TRAFFIC NOISE STUDY BY AND BETWEEN THE VILLAGE OF OAK BROOK AND CIVILTECH ENGINEERING, LTD. WHEREAS, the Village and Civiltech Engineering, Ltd. ( "Civiltech ") desire to execute an agreement regarding the Phase 1 Highway Traffic Noise Study ( "Study "), which concerns evaluating feasibility of traffic noise reduction in several residential areas ( "Agreement'); and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Agreement in a final form approved by the Village Manager and the Village Attorney; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and Civiltech in a form acceptable to the Village Manager and the Village Attorney. Section 3: Authorization and Execution of the Agreement. The Village President and Village Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village after review and approval of the final form of the Agreement by the Village Manager and the Village Attorney. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. APPROVED THIS 11th day of October, 2011 Gopal G. Lalmalani Village President PASSED THIS 11th day of October, 2011 Ayes: Trustees Manzo, Moy, Wolin, Yusuf and Zannis Absent: Trustee Aktipis _ ATTES Charlotte K. Pruss Village Clerk PROFESSIONAL ENGINEERING SERVICES AGREEMENT VILLAGE OF OAK BROOK 2011 HIGHWAY TRAFFIC NOISE STUDY THIS AGREEMENT, made and entered into this 11"' day of October, 2011, by and between Civiltech Engineering. Inc., (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 2011 Highway Traffic Noise Study (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: I. 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 # _ 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 rate of one percent (1.0) per month from such thirtieth (30th) day; and, in addition, the ENGINEER may, after giving Page 1 jAworddockontractt2011 contracts\2011 highway traffic noise study - civittech.doc 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 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. Page 2 jAworddoc \contract\2011 contracts\2011 highway traffic noise study - civittech.doc 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. VILLAGE, however, shall pay all costs associated with suspension, including all costs necessary to maintain continuity and the staff required to resume the services upon expiration of the suspension of services 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. VILLAGE will reimburse ENGINEER for the costs, if any, of such suspension and re- mobilization. f. Termination 1) Either party to this Agreement shall have the right to terminate this Agreement with or without cause upon serving thirty (30) days written notice upon the other party. 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. 3) 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. g. Warranties In addition to the covenants herein made, the ENGINEER warrants: 1) That he will render engineering services in accordance with generally accepted and currently recognized engineering practices and principles. h. Representations In addition to the covenants herein made, the ENGINEER represents and agrees: Page 3 jAworddoc\contract\2011 contracts\2011 highway traffic noise study - civittech.doc 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) 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. 4) 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. 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. ENGINEER shall have the right to retain copies of all documents and drawings for its files. All construction drawings shall be prepared on 24" x 36" mylar sheets. If construction services are a part of the ENGINEER's work, he will revise the original mylar drawings to show "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 stamp these drawings "Record Drawings ". If construction services are not part of the ENGINEER's work, he will deliver the original mylar drawings to the VILLAGE upon request and before final payment to the ENGINEER. 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. Page 4 jAworddocicontractt2011 oontractsN2011 highway traffic noise study - civiMech.doc 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, and VILLAGE shall indemnify and hold harmless ENGINEER from all claims, damages, loses, and expenses, including reasonable attorneys' fees, arising out of or resulting from such unauthorized reuse or modification. Indemnification ENGINEER agrees to indemnify, hold harmless, and defend (or pay the VILLAGE for the costs of defense) 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, unless such loss, damage, injury, or loss or damage to property results from or arises out of the negligent acts or omissions by the VILLAGE or its officers, employees or agents. VILLAGE agrees to indemnify, hold harmless, and defend (or pay the ENGINEER for the costs of defense) the ENGINEER 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 VILLAGE in the performance of this Agreement, unless such loss, damage, injury, or loss or damage to property results from or arises out of the negligent acts or omissions by the ENGINEER or its officers, employees or agents. 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. M. 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. o. Successors and Assigns Page 5 j:\worddoc\contract12011 contractst2011 highway traffic noise study civiltech.doc 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. 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. 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. VILLAGE shall pay costs (including ENGINEER's employee salaries, overhead, and fee) incident to any effort by ENGINEER toward assisting VILLAGE in such access, permits or approvals if ENGINEER performs such services as directed by the VILLAGE. 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: Civiltech Engineering, Inc. 450 E. Devon Avenue, Suite 300 Itasca, Illinois 60143 Attn: Jim Woods Page 6 jAworddoc\contract\2011 contracts\2011 highway traffic noise study- civittech.doc 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: Michael Hullihan Public Works Director Notices personally delivered or sent via U.S. Mail, postage prepaid, shall be deemed, for all purposes, proper notice. 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. The VILLAGE shall be named as an additional insured. 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. IN WITNESS WHEREOF, the parties set their hands and seals on the date first written above. VILLAGE OF OAK BROOK A P..... ;-; -.n Vil a -3' Duly Authorized Officer Page 7 jAworddo6contract\2011 contracts\2011 highway traffic noise study - civiRech.doc ATTEST: t� Village Clerk Rerrp ftary! 47j,fir A-1— y APPENDIX I SCOPE OF SERVICES Per proposal submitted by Christopher Burke Engineering, Ltd. and Civiltech Engineering, Inc. dated October 5, 2011. 01 j: \worddoc\contract\2011 contracts\2011 highway traffic noise study - civiltech.doc APPENDIX II COMPENSATION SCHEDULE Per proposal submitted by Christopher Burke Engineering, Ltd. and Civiltech Engineering, Inc. dated October 5, 2011. Page s j1worddocicontrach2011 contractst2011 highway traffic noise study - civiltech.doc APPENDIX III TIME SCHEDULE Per proposal submitted by Christopher Burke Engineering, Ltd. and Civiltech Engineering, Inc. dated October 5, 2011. Page 10 j:\worddoctcontract12011 contractst2011 highway traffic noise study - civiltech.doc 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 and Employers Liability Insurance: Statutory limits = $500,000 per accident. Comprehensive General Liability Insurance: $1,000,000 per occurrence combined single limit. 3. Comprehensive Automobile Liability Insurance: $1,000,000 combined single limit, any auto. 4. Professional Liability Insurance (errors and omissions): $1,000,000 per claim and in aggregate. 5. Umbrella or excess liability: $1,000,000 per occurrence. If ENGINEER carries Comprehensive General Liability Insurance in an amount of $2,000,000 or greater, this requirement may be waived. 6. 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. 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 11 jAworddoc1contraM2011 contracts12011 highway traffic noise study-civiltech.doc ffB CIVILTECH DRAFT' Mr. Michael Hullihan Village Engineer and Public Works Director Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 October 5, 2011 Re: Proposal for Professional Engineering Services Village of Oak Brook Highway Traffic Noise Measurements Dear Mr. Hullihan: Thank you for the opportunity to submit this proposal. This proposal is a revision to the previously submitted proposal dated September 7, 2011. It is our understanding that the Village of Oak Brook (Village) wishes to retain the services of a professional engineering consultant to perform highway traffic noise measurements in two neighborhood areas adjacent to major expressways and arterial roadways, in response to resident concerns. Civiltech Engineering, Inc. (Civiltech) and Christopher B. Burke Engineering, Ltd. (CBBEL) are pleased to team together to perform the requested services. The following proposal contains our project understanding and approach, a detailed scope of services, a proposed project schedule, and an estimate of fee. Project Understanding and Approach A. Background Based on copies of correspondence and documentation provided by the Village, it is our - understanding that residents in several neighborhoods within the Village adjacent to 1 -88, 1 -294, Illinois Route 83, Illinois Route 38 (Roosevelt Road), and 22ntl Street, among others, have expressed concern over high levels of highway traffic noise from these routes. Neighborhoods specifically identified include the following: • Ginger Creek (adjacent to 1 -88) • Brook Forest (adjacent to 1 -88) • Briarwood Lakes (adjacent to Illinois Route 83) • Forest Glen (adjacent to 1 -88, Roosevelt Road, 1 -294) • York Woods (adjacent to 1 -294 and connector to 1 -88) Christopher B. Burke Engineering, Ltd. Civiltech Engineering, Inc. 9575 W. Higgins Road, Suite 600 450 E. Devon Avenue, Suite 300 Rosemont, IL 60018 Itasca, IL 60143 Mr. Michael Hullihan Village of Oak Brook Highway Traffic Noise Measurements October 5, 2011 - DRAFT Page 2 of 6 Residents in the York Woods neighborhood along Croydon Lane are particularly concerned that noise levels from the recently re- constructed northbound 1 -294 ramp to westbound 1 -88 are not adequately mitigated by the existing noise barrier along 1 -294. In response to the concerns, the Illinois Tollway conducted a noise study in 2008 which included noise monitoring. Measured levels were below the Federal Highway Administration (FHWA) Noise Abatement Criteria (NAC). The Tollway concluded that the existing wall is serving its intended purpose and further modification is not warranted, nor is modification eligible for Tollway funds. In 2009, the Tollway completed preliminary structural analyses on the existing noise barriers adjacent to York Woods and concluded that the walls could be raised to some extent without compromising their structural integrity. Skeptical of the Tollway study results, York Woods residents conducted their own noise measurements in 2009, and concluded that their results were considerably greater than the FHWA NAC. In March of 2011, York Woods residents prepared a letter to the Village stating there has been no further action from the Tollway to address this matter and the residents requested the opportunity to discuss this situation with the Village Board. In 2007, residents in the Forest Glen subdivision expressed a concern that the existing noise barrier along the 1 -294 frontage is too short and not long enough to provide satisfactory noise abatement. They also requested that noise barriers be constructed along 1 -88 and Roosevelt Road to mitigate undesirable levels of highway traffic noise in that community. No specific background information was provided for the Ginger Creek, Brook Forest, or Briarwood Lakes neighborhoods. B. Project Approach As requested, Civiltech and CBBEL will perform highway noise measurements at selected locations in the York Woods and Forest Glen subdivisions, and will summarize the findings in a short technical memorandum. A detailed Scope of Services for the highway noise measurements is provided in Section 11. The findings will be reviewed by Village Staff and Board who will determine if follow -up analyses are warranted. Follow -up analyses may include additional measurements, computerized traffic noise modeling, abatement analyses, neighborhood meetings, Village Board presentations, expanded technical memoranda, noise barrier design, and coordination with adjacent roadway jurisdictional agencies. Any follow -up studies will be negotiated with the Village as necessary at a later date, separate from this current contract. The noise monitoring and analyses will follow federal and state noise policies and regulations. Civiltech and CBBEL each own one Larson Davis 831 Class I precision sound level meter, which meets FHWA and [DOT requirements. The noise measurement locations will be selected such that they can be used in potential future noise modeling and abatement analysis efforts. We propose to measure noise levels at two locations within the York Woods subdivision and three locations within the Forest Glen Subdivision as follows: • York Woods, 1 -294 Location 1 (adjacent to 1 -294 where noise walls currently exist) • York Woods, 1 -294 Location 2 (adjacent to 1 -294 where noise walls currently exist) Mr. Michael Hullihan Village of Oak Brook Highway Traffic Noise Measurements October 5, 2011 - DRAFT Page 3 of 6 • Forest Glen, East Side (adjacent to 1 -294 where noise walls currently exist) • Forest Glen, North Side (adjacent to Roosevelt Road where no noise walls exist) • Forest Glen, West Side (adjacent to 1 -88 where no noise walls exist) The representative locations will be at a location of exterior human activity, such as a patio, pool, playset, or other exterior gathering area. It is standard to select the "worst traffic noise period" for measurement and analysis of highway noise. The worst noise period is typically immediately before or after the rush hours, when the highest volume of traffic is moving at free -flow speed. It is possible that worst traffic hours are during the morning and evening peak hours if traffic is not slowed or stopped due to congestion during these times. It is proposed that three 10- minute noise measurements be taken during the worst morning and evening hour at each of the five measurement sites. It is proposed that the measurements be taken on Tuesday, Wednesday, Thursday, Friday and Saturday over a one -week period, for a total of 5 days worth of measurements at each location. Sundays and Mondays typically experience lower traffic volumes and are not proposed to be monitored to minimize project cost. The noise measurements at each of the five locations will determine if FHWA NAC are approached or exceeded under existing conditions. The FHWA NAC for residential properties is 67 decibels (dBA). It is desirable to collect traffic volume, vehicle classification, and speed data during the noise measurement period; however it is not always feasible or cost - effective to manually count vehicles during measurement periods, especially when there are great distances between the measurement site and the roadway, or when existing noise walls block sight lines. Efforts will be made to obtain measurement - period specific count information from the jurisdictional agencies (IDOT and Tollway); however it may be necessary to locate and obtain the most recent publicly available count, class and speed information. The traffic information is not immediately necessary; however it will be necessary in the event that additional analyses which include computerized traffic noise modeling are desired in the future. Note: This task does not include manual traffic counts. An additional cost estimate will be provided if manual counts are necessary. A short technical memorandum will be prepared that summarizes the noise measurement results for Village review. Following is a detailed scope of services, an estimated project schedule, and a fee estimate. Mr. Michael Hullihan Village of Oak Brook Highway Traffic Noise Measurements October 5, 2011 - DRAFT Page 4 of 6 II. Scope of Services 1. Data Collection and Early Coordination — This item includes project setup and the following: a. Conduct a field visit to each neighborhood site to select representative noise receptor locations, and prepare a photo log. b. Obtain existing hourly traffic volumes, speeds, and classifications on tollways, ramps, and major arterials. We will attempt to obtain this information from the jurisdictional agencies of the adjacent roadways. It is preferable to obtain this traffic data for the specific time periods of the noise measurements. C. Obtain the most recent aerial photography available, for field and exhibit purposes. d. Project setup. 2. Highway Traffic Noise Monitoring — This item includes the following: a. Perform field measurements at three representative receptor locations in Forest Glen and two representative locations in York Woods. Assume three 10- minute measurements during two peak traffic flow /speed periods (one A.M. and one P.M.), on Tuesday, Wednesday, Thursday, Friday and (for one period only) Saturday. Assume one week (5 days) of data will be collected at each of the five sites. b. Download data from meters and summarize. C. Determine if existing noise measurements exceed the FHWA NAC and discuss findings with Village staff. 3. Technical Memorandum — This item includes the following: a. Prepare a draft technical memorandum including text, tables and exhibits for Village staff review. One memorandum will be prepared that includes the results from both neighborhoods. Print, bind and deliver 3 copies for Village review, plus a PDF version. b. Revise technical memorandum based on comments and prepare a Final technical memorandum for submittal to the Village Board. Print, bind and deliver 10 copies for Village use, plus a PDF version. 4. Other Coordination — This item includes the following meetings and coordination: a. Kick -off meeting with Village Staff to occur at or prior to field visit. b. One Civiltech /CBBEL coordination meeting. C. Village Staff meeting to review draft technical memorandum. Mr. Michael Hullihan Village of Oak Brook Highway Traffic Noise Measurements October 5, 2011 - DRAFT Page 5 of 6 III. Project Schedule The project schedule will be determined in coordination with Village staff. Note that weather conditions affect noise measurements. For example, monitoring cannot be conducted when there is snow cover or wet pavement, or when winds exceed 12 mph. IV. Compensation We estimate the costs of the proposed services to be the following: Item Task Fee Estimate 1. Data Collection and Early Coordination $2,300 2. Highway Traffic Noise Monitoring $13,000 3. Technical Memorandum $7,000 4. Other Coordination $2,400 Total $24,700 We will bill the Village on a time and material basis, not to exceed the above estimate without notification. We will bill at the hourly rates specified on the attached Schedule of Charges and establish our contract in accordance with the attached General Terms and Conditions. Direct costs for mileage, blueprints, photocopying, mailing, overnight delivery, messenger services, and report compilation are not included in the Fee Estimate. These General Terms and Conditions are expressly incorporated into and are an integral part of this contract for professional services. Additional Work During the course of the project, it may become necessary to perform additional services beyond the scope of this contract including but not limited to attendance at additional or extended- length meetings, additional noise monitoring, additional traffic counts, additional traffic analyses, additional geometric analyses /plans, or additional plan, exhibit, and report revisions. Should some of this work become necessary, the additional fee for extra work would be discussed with the Village and upon consent, be billed on a time - and - material basis at the attached hourly rates. We thank you for the opportunity to submit this proposal, and look forward to working with you toward the successful completion of this project. If this Agreement is acceptable to you, please execute both copies and return one copy to us. Please contact Pete Knysz/CBBEL at (847) 823 -0500 or Jim Woods /Civiltech (630) 735 -3942 if you have any questions. Mr. Michael Hullihan Village of Oak Brook Highway Traffic Noise Measurements October 5, 2011 -DRAFT Page 6 of 6 Very truly yours, CIVILTECH ENGINEERING, INC. CHRISTOPHER B. BURKE ENGINEERING, LTD. Accepted By: Title: Date: