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R-1896 - 08/11/2020 - ENGINEERING - Resolutions ITEM 6.C.4 BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK BR , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of August 11, 2020 SUBJECT: Amendment to the Phase I and Phase I1 Professional Engineering Services Agreement, for the York Road and Harger Road Intersection and Bike Path Underpass Improvements. FROM: Doug Patchin, Director of Public Works p10 BUDGET SOURCE/BUDGET IMPACT: $67,035 from Account 171-90400 RECOMMENDED MOTION: I move the Village Board approve Resolution R-1896, a Resolution to approve an Amendment to the Phase I and Phase I1 Professional Engineering Services Agreement with Civiltech Engineering, Inc., for the York Road and Harger Road Intersection and Bike Path Underpass Improvements. Backmund/History: The original Professional Service Agreement for Phase I and Phase II Design of the York Road and Harger Road Intersection Improvements was for $626,379, which still has a remaining balance of$28,268. This Amendment would increase the total cost for Phase I and Phase Il Design to $693,414. This project originally started in 2008 with a Feasibility study of the York Road and Harger Road Intersection. In 2013 Civiltech started a conceptual study and geometric design of the intersection, they also submitted the first grant application. In December 2016, after a few failed attempts the Village received a Surface Transportation funding(STP)grant. The grant is for the reconstruction of the redesign of the York Road and Harger Road Intersection Improvements. In 2017 the Village requested that Civiletech apply for additional grants to include a Bicycle Pedestrian Underpass as part of the Intersection Improvements. Civiletech applied for two additional grants and in 2019 the Village received a Congestion Mitigation and Air Quality Improvement/Transportation Alternative Program CMAQ/TAP. For this project the Village received $4,359,860 in grants, the total cost for this project is $7,492,300. BOT AGENDA page 1 Q/l 4 Phase I and Phase II Design Professional Engineering Services are separate from these grants and are not eligible. Below is a list of the additional services required to complete the grant applications and additional designs required to keep this project on schedule for the States desired letting time to receive the Federal Funding for this project. ➢ Submittal of Additional Funding Applications—$9,791.93—Item 1 in the Phase I scope of services included"Preparation and submittal of an STP/TCM application for federal funding of the potential pedestrian underpass through the DuPage Mayors and Managers Conference in the summer of 2017." There were actually three funding application efforts completed. The first(covered in the project scope)was an STP/TCM application in August of 2017, which secured $2,000,000 in federal grants. The second was ITEP application in November of 2017 which was unsuccessful. ($3,881.91)The third was a CMAQ/TAP application in March of 2019 which won$2,300,000. ($5,580.40) The funding application effort helped secure a total of over$4,300,000 in grants for this project. ➢ LWCF/Section 6(f) Coordination—$9,590.86—At the July 10,2018 FHWA/IDOT/Local Agency coordination meeting, IDOT asked if York Woods Forest Preserve had received any special funding for its establishment. It was determined that LWCF funds were used. This required considerable coordination and follow-up with IDNR and NPS, including the preparation of an extensive October 11,2019 application to the National Park Service(NPS Form 10-904, Proposal Description and Environmental Screening Form). This package was similar in size and scope to a typical Project Development Report that agencies prepare for FHWA/IDOT approval of highway projects. Approval was received on February 10,2020. ➢ Intersection lighting design—$17,644.14. Per original scope the lighting design was limited to providing lighting at the underpass. Through the design process it was decided to provide combination lighting at the intersection due to safety concerns. This cost is associated with engineering,providing additional plan sheets and special provisions, and cost estimates for additional lighting. ➢ Temporary signal design—$12,067.78. A temporary signal was not anticipated in the original scope. Through design process, construction staging was better defined,resulting in the need to keep the bike path operational during the construction. Therefore, a temporary signal was proposed to provide safe crossing of the Harger Road leg of the intersection. This cost is associated with engineering,providing additional plan sheets and special provisions, cost estimates, and additional coordination for including temporary signal in the construction plans. BOT AGENDA Page 2 ➢ Additional structural design—$16,790.07. Phase II scope for structural work was established before the geometry was finalized in Phase 1, since scope for both Phase I and Phase 11 were outlined at the same time. Through the more detailed design process, it turned out that the retaining wall ended up being 90 feet longer, underpass 60 feet longer, and one of the wingwalls almost 20 feet longer than originally estimated. This resulted in need to complete additional design and create and include additional plan sheets. This cost is associated with engineering,providing additional plan sheets and special provisions, and cost estimates for providing additional structural sheets. ➢ MSET geotechnical report revisions —$1,150.00. Through IDOT review of geotechnical report, they requested to update the report to include global stability analysis at several locations, some of which are graded without the proposed wall. This work was outside the scope of the geotechnical sub consultant, but was completed nonetheless. This cost is associated with labor required to update geotechnical report by Civiltech's geotechnical sub consultant. The total amount for all of the items above combined is $67,034.78. Recommendation: I recommend the Village Board approve Resolution R-1896, a Resolution to approve an Amendment to the Phase I and Phase 11 Professional Engineering Services Agreement with Civiltech Engineering,Inc.,for the York Road and Harger Road Intersection and Bike Path Underpass Improvements. BOT AGENDA Page 3 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2020-ENG-AG-AMD-R-1896 A RESOLUTION AUTHORIZING AND APPROVING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND CIVILTECH ENGINEERING, INC. GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAWED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 11th day of August, 2020 RESOLUTION NO.2020-ENG-AG-AMD-R-1896 A RESOLUTION AUTHORIZING AND APPROVING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND CIVILTECH ENGINEERING,INC. WHEREAS,the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS,the Village of Oak Brook(hereinafter referred to as"Village")upon approval of the corporate authorities may enter into an Agreement with another party pursuant to Illinois Statute; WHEREAS,the Village is improving an intersection at York Road and Harger Road which will include a bicycle pedestrian underpass,the funding of which will include grants awarded by state and federal agencies with a match of local funding; WHEREAS, Civiltech Engineering, Inc. (hereinafter referred to as "Engineer') is a full- service engineering firm that provides said services to various clients; WHEREAS, the Village has previously entered into an agreement with Engineer as a consulting engineer for the purposes of providing design and construction engineering services in connection with the North York Road and Harger Road Intersection Reconstruction Project; WHEREAS, there are additional services required in order to complete certain grant applications which result in an increase to the original contract;and WHEREAS, the Village of Oak Brook Corporate Authorities feel that it is in the best interests of the Village of Oak Brook to approve the attached amendment to the agreement with Civiltech Engineering,Inc.for the purposes referenced herein. NOW,THEREFORE,BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook,DuPage and Cook Counties,Illinois as follows: Section One-Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this resolution are full,true and correct and do hereby,by reference, incorporate and make them part of this resolution as legislative findings. Section Two—Approval of Amendment The Village hereby approves the Amendment to the Agreement,substantially in the form attached hereto and made a part hereof collectively as Exhibit A. 2 Section Three—Authorization and Direction The Village Manager is hereby authorized to execute the Amendment to the Agreement, substantially in the form of such amendment attached hereto as Exhibit A,with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same,their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Amendment. Section Four-Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this resolution and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section Five-Authorization of Expenditures The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the Amendment,additionally,the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the amendment and of this resolution. Section Six—Waiver of Bidding Requirements To the extent that any requirement of bidding would be applicable to the transactions contemplated hereunder,the same is hereby waived. Section Seven-Acts of Village Officials That all past,present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved,authorized and confirmed. Section Eight—Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Nine-Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Ten—Conflict Clause All resolutions,parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. 3 Section Eleven—Saving Clause If any section, paragraph,clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional,the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution,which are hereby declared to be separable. Section Twelve—Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. PASSED THIS 11th day of August,2020 Ayes: Trustees Baar,Cuevas,Manzo,Saiyed,Tiesenga,Yusuf Nays: None Absent: None APPROVED THIS 11th day of August,2020 Gopal G.Lalmalani Village President ATTES/T:/: / Charlotte K.Pruss Village Clerk /vQGk OF 04R-B9G QP ;IIID q i Cto ' 4 Exhibit A Amendment to the Agreement 5 July 29,2020 Mr.Doug Patchin Public Works Director CIVILTECH Village of Oak Brook 3003 Jorie Boulevard Oak Brook,IL 60523 Chriltech Engineering,Inc. www.civiltechinc.com Re: York Road and Harger Road Intersection Improvements 7wa Pierce Place,Suite 1400 Section No.17-00049-00-PvContract#61G16 Itasca,Il 60143 Phone:630.773.3900 Phase I and II Engineering Contract—Amendment to the Agreement Fax:630.773.3975 30 N LaSalle Street,Suite 2624 Chicago,IL 60602 Dear Mr.Patchin: Phone:312.726.5910 Fax:312.726.5911 We thank you for the opportunity to submit our proposal to amend the agreement for Engineering Services related to the York Road and Harger Road Transportation Intersection Improvements in the Village of Oak Brook. The maximum labor fee Civil was reached on the contract a while ago,but our focus remained on keeping it on track for a letting early in 2020. In retrospect,we ended up completing some Construction tasks that were outside of the scope of original proposal to secure the necessary Environmental funding and approvals for the project. The tasks are summarized below along with the estimated cost associated with them: Water Resowces Structural ➢ Intersection lighting design—$17,644.14. Per original scope the lighting design was limited to providing lighting at the underpass. Through design Appraisal process it was decided to provide combination lighting at the intersection due to safety concerns(see attached email). This cost is associated with engineering,providing additional plan sheets and special provisions,and cost estimates for additional lighting. ➢ Temporary signal design—$12,067.78. A temporary signal was not anticipated in the original scope. Through design process,construction staging was better defined,resulting in the need to keep the bike path operational during the construction. Therefore,a temporary signal was proposed to provide safe crossing of the Harger Road leg of the intersection. This cost is associated with engineering,providing additional plan sheets and special provisions,cost estimates,and additional coordination for including temporary signal in the construction plans. Civiltech Engineering,Ina OWLTECH www.civiltechinc.com ➢ Additional structural design—$16,790.07. Phase II scope for structural work was established before the geometry was finalized in Phase I,since scope for both Phase I and Phase II were outlines at the same time. Through the more detailed design process,it turned out that the retaining wall ended up being 90 feet longer,underpass 60 feet longer,and one of the wingwalls almost 20 feet longer than originally estimated. This resulted in need to complete additional design and create and include additional plan sheets. This cost is associated with engineering,providing additional plan sheets and special provisions,and cost estimates for providing additional structural sheets. ➢ Submittal of Additional Funding Applications—$9,791.93—Item 1 in the Phase I scope of services included "Preparation and submittal of an STP/TCM application for federal funding of the potential pedestrian underpass through the DuPage Mayors and Managers Conference in the Summer of 2017." There were actually three funding application efforts completed. The first(covered in the project scope)was an STP/TCM application in August of 2017,which secured$2,000,000 in federal grants.The second was ITEP application in November of 2017 which was unsuccessful. The third was a CMAQ/TAP application in March of 2019 which won$2,300,000. The funding application effort therefore helped secure a total of over $4,300,000 in grants for the project. ➢ LWCF/Section 6(f)Coordination—$9,590.86—At the July 10,2018 FHWA/IDOT/Local Agency coordination meeting,IDOT asked if York Woods Forest Preserve had received any special funding for its establishment. It was determined that LWCF funds were used. This required considerable coordination and follow-up with IDNR and NPS,including the preparation of an extensive October 11,2019 application to the National Park Service(NPS Form 10-904,Proposal Description and Environmental Screening Form). This package was similar in size and scope to a typical Project Development Report that agencies prepare for FHWA/IDOT approval of highway projects. Approval was received on February 30,2020. ➢ MSET geotechnical reportrevisions—$1,150.00. Through IDOT review of geotechnical report,they requested to update the report to include global stability analysis at several locations,some of which are graded without the proposed wall. This work was outside the scope of the geotechnical subconsultant,but was completed nonetheless. This cost is associated with labor required to update geotechnical report by Civiltech's geotechnical subconsultant. These changes required additional labor to complete the design on time for the desired letting date and therefore keep the Federal Funding for the project,and the fee computation is summarized below and in the attached spreadsheet. Civgtech Engineering,Inc. www.civiltechinc.com Fee Calculation: Please reference the attached Cost Estimate of Consultant Services for detailed information on our fee calculations. Original Contract Amount: $626,379.30 Fee Amendment Request: $67,034.78 New Contract Amount: $693,414.08 We appreciate the opportunity to submit this amendment request,and commit to apply our knowledge,familiarity,and expertise to help the Village make the construction of York Road and Harger Road a complete success. Very truly yours Civiltechh Engineering,Inc. te ! VL Jonathan R.Vana,P.E. President I Director of Design Services York Road and Harger Road Intersection Improvement Fee Amendment July 29,2020: Approved by: Title: Date: Phase 16 II Engineering Manhour Calculations Professional Engineering Services Proposal York Road and Harger Road Intersection Improvements Village of Oak Brook Sr.Traffic Er.Lighting Lighting Lighamg Signal Traffic Signa Sr.Structural Structural Protect Design DesignDesign Engineer EngmeerlV Engineer 0l Engineer Engineer Engineer Engineer Manager Engineer IV Engineer 111 Engineer11 $57.50 $40.50 $35.00 $58.50 $36.00 $70.00 $3415 $6626 $43.00 $79.75 $26.00 MRP 1 Intersection Lighting Design 33 97 36 166 S 7,086.00 $ - 2 Temporary signal design 49 55 1041S 4.846.50 $ - 3 Additional Structural Design 20 156 1 1 1 1761$ 6.743.00 $ - 4 Submittal of Additional Funding Applications 32 20 30 4 861$ 3,932.50 $ - 5 LWCF/Section 6(f)Coordination 21 41 32 971$ 3.851.75 $ - 6 MSET geotechnical report revisions 5 - Is 1,150.00 Total Cost $ 26,459.75 $ 1,150.00 MuBiplier' 2.49 S 65,884.78 629 $ 67,034.76 REVIEW OF CONTRACTS Awarding A� 1/ T pe of Contract: De pa t: Prog m/Account Number: Awa Contrail price; � ed4eted D t: ❑ under$20,000 p $500,007-$1,000,000 $20,000•$500,000 � Over$7,000,000 i � 4o- Date:� Name: Date; Name: Date: 5 2azo Name., > Date:y- 5_211 Name: Date:V51 eoza [] Three(3)Originals signed by other party Date/lnitlals CD Original provided to staff member for other party Date/initials CJ Original provided to Official Files Date/Initials Mage of Oak crook I Approved try board of Trustees-D ne/Intthls.