R-1370 - 05/27/2014 - ENGINEERING - Resolutions Supporting Documents ITEM 6.F.4.
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AGENDA ITEM
Regular Board of Trustees Meeting
of
May 27, 2014
SUBJECT: 2014 Street Improvement Project—Coolidge Street
—35th Street(east of Route 83)
—Golf Drive
—Village Hall Parking Lot(east quarter)
—Fire Station#2 (by Enterprise Drive)
—Water Reservoir Access Area(by York Road)
Engineering Services Agreement for Construction Engineering
with Christopher B. Burke Engineering, Ltd.
FROM: Jim Bosma, P.E., Project Engineer Qb
BUDGET SOURCE/BUDGET IMPACT: $81,500 from Infrastructure Funds for Roadway
Improvements Account 461-76200
RECOMMENDED MOTION: I move that the Village Board approve the attached
agreement with Christopher B. Burke Engineering,Ltd. for
Professional Engineering Construction Services during
construction of the 2014 Street Improvement Project in the
not-to-exceed amount of $81,500 and approve Resolution
R-1370.
Background/History:
Included within the 2014 Budget are funds for engineering services for the paving projects. The
attached proposal for construction engineering by Christopher B. Burke Engineering is 9.85% of
the recent lowest bid cost of $827,339 which was significantly under the engineer's estimate.
These project locations include significant areas of reconstruction along with areas of only
simple resurfacing.
Reprding Coolidge Street, we will also be addressing significant drainage concerns. Regarding
35' Street (east of Route 83), we will also be widening a couple feet (to a twenty foot width)
along with improving parkway grading concerns that cause the erosion of the stone shoulder.
Regarding Golf Drive, we will also be reconstructing the existing north/south segment asphalt
vehicle path, which is very old and deteriorated, into a much better means of access. Regarding
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the Village Hall parking lot, we will be repaving the east quarter of the parking lot which, when
combined with the similar work in 2012, completes the repaving of the east half of the Village
Hall parking lot with likely the remaining west half completed in 2015 or 2016. Finally, some of
the Portland cement concrete drive area of Fire Station #2 will be reconstructed and the asphalt
access area for one of the Village's drinking water reservoir areas will be repaved.
We anticipate construction ideally starting by mid-June with completion of all restoration
activities by mid-September.
Recommendation:
I recommend approving the attached resolution and professional services agreement with
Christopher B. Burke Engineering, Ltd. for construction engineering for the 2014 Street
Improvement Project.
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RESOLUTION 2014-ENG-ST-IMPROVE-AG-R-1370
A RESOLUTION APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE VILLAGE OF OAK BROOK AND CHRISTOPHER B.
BURKE ENGINEERING, LTD FOR ENGINEERING CONSTRUCTION SERVICES RELATED TO THE
2014 STREET IMPROVEMENT PROJECT
WHEREAS, the Village is planning to make repairs and improvements to Coolidge Street, 35th
Street east of Route 83, Golf Drive, the Village Hall parking lot, the driveway of Fire State #2, and the
water reservoir access area (collectively, "2014 Street Improvement Project'j; and
WHEREAS, the Village desires to retain an engineer to provide engineering construction services
for the 2014 Street Improvement Project("Services"); and
WHEREAS, Christopher B. Burke Engineering, LTD ("Burke") previously provided satisfactory
engineering services to the Village for past paving and street improvement projects; and
WHEREAS, pursuant to the Local Government Professional Services Selection Act ("Act'), 50
ILCS 510/0.01 et seq., and Section 1-7-6 of the Village Code, the Village is not required to follow the
notice, evaluation, and selection procedures set forth in the Act for engineering services provided by
engineers who have a satisfactory relationship with the Village; and
WHEREAS, the Village and Burke desire to enter into and execute an agreement for Burke to
provide the Services to the Village for an amount not to exceed $81,500.00 ("Agreement'), which
Agreement is attached to this Resolution as Exhibit A;and
WHEREAS, the President and Board of Trustees have determined that it is in the best interest of
the Village to enter into the Agreement;
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 Burke in substantially the same form as attached
as Exhibit A.
Section 3: Authorization and Execution of the Agreement. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the approved final Agreement on behalf of the
Village and after receipt of the final Agreement fully executed by Burke.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2014-ENG-ST-IMPROVE-AG-R-1370
Engineering Construction Services for 2014 Street Improvement Project
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APPROVED THIS 27th day of May, 2014
Gopal G. Lalmalani
Village President
PASSED THIS 27th day of May, 2014
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
#29800297_vl
Resolution 2014-ENG-ST-IMPROVE-AG-R-1370
Engineering Construction Services for 2014 Street Improvement Project
3 of 3
EXHIBIT A
AGREEMENT
3
11111
OB
CHRISTOPHER B. BURKE ENGINEERING,LTD.
9575 West Higgins Road Suite 600 Rosemont,Illinois 60018 TEL(847)823-0500 FAX(847)823-0520
May 15, 2014 � --
Village of Oak Brook �\
1200 Oak Brook Road
Oak Brook, IL 60523
Attention: Mr. Michael Hullihan, P ublic Works Director
Subject: Proposal for Professional Engineering Services
2014 Street Improvement Project
(CBBEL Project No. 130556)
Dear Mr. Hullihan:
At your request, we are providing this proposal to perform construction engineering services
for the Village's 2014 Street Improvement Project. We understand that the Village will use
Infrastructure Funds therefore; IDOT coordination will not be required. 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 rehabilitate streets and parking lots located in seven areas throughout the
Village. These projects are described as the 2014 Street Improvement Project. The project
areas and proposed improvements are as follows:
Area 1 (Coolidge Street)
The proposed improvements will include the reconstruction of Coolidge Street from
31St Street to the terminus, where a turnaround will be provided. Improvements will
also include installation of new storm sewers, installation of drainage structures, and
all necessary restoration.
Area 2 (35th Street):
This work will involve resurfacing and widening of 35th Street from Adams Road west
to the dead end. The street shall be widened an additional foot on either side to
maintain a 20 foot wide cross section. Aggregate and/or concrete shoulders and all
necessary restoration will also be included.
Area 3 (Golf Drive):
Golf Drive improvements will involve the resurfacing of Golf Drive from York Road to
the end of the Oak Brook Golf Course parking lot and the reconstruction of the
i
access road from the parking lot to the north end of the driving range. New drainage
structures and pipes will also be installed to maintain proper drainage along the
access road. It is understood that the contractor will be required to make every effort
to complete this work prior to July 3, 2014.
Area 4 (Butler Government Center Parking Lot):
This area includes reconstructing a portion of the Butler Government Center (Village
Hall) parking lot as drawn in the plans. The proposed improvement will include full
depth removal of the existing asphalt pavement (3") and removal of an additional 2-
inch of aggregate base course in order to provide for the installation of a new 5-inch
pavement section through the parking areas. The proposed pavement section will
consist of 3-inches of hot-mix asphalt binder course and 2-inches of hot-mix asphalt
surface course. The drive lanes shall include 3" surface removal, 1" hot-mix asphalt
leveling binder, and 2' hot-mix asphalt surface course.
Area 5 (Fire Station #2):
This area involves full depth PCC pavement patching of cracked sections of the rear
access drive of Fire Station #2 per the plans and details provided in the plans. It is
understood that the working days may be postponed until later in the year during
construction due to HVAC replacement project conflicts.
Area 6 (Well House Parking Lot):
This area includes reconstructing the well house access drive and parking lot. The
work involves full depth pavement removal, 2 %" hot-mix asphalt binder course and 1
3/" hot-mix asphalt surface course.
Area 7 (Woodside Estates Subdivision):
This area includes approximately 400 square yards 2" surface patching of
miscellaneous areas throughout Woodside Estates.
SCOPE OF SERVICES
A detailed scope of Construction Engineering services is provided below including, but not
limited to, the following:
Task 1 — Pre-Construction:
■ Management of the pre-construction meeting.
■ Review Contractor's proposed construction schedule.
■ Review Contractor's QC plans for both PCC and HMA.
■ Review all Contractors' shop drawings.
Task 2— Construction Observation:
CBBEL will provide one resident engineer and one part-time project engineer (as necessary)
for the duration of the project.
Construction observation will include the following tasks:
■ Provide resident/business communication, including written communication as
required, throughout the duration of the project.
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• Serve as the Village's liaison with the Contractor working principally through the
Contractor's field superintendent.
• Be present whenever the Contractor is performing work on the project.
• Observe the progress and quality of the executed work and to determine if the work
is proceeding in accordance with the Contract Documents. The Engineer will keep
the Village informed of the progress of the work, guard the Village against defects
and deficiencies in the work, advise the Village of all observed deficiencies of the
work, and will disapprove or reject all work failing to conform to the Contract
Documents.
• Quality control of the construction work in progress and the enforcement of the
contract provisions in accordance with (DOT's Construction Manual.
• Keep an inspectors daily report book as outlined in the IDOT Construction Manual,
which shall contain a daily report and quantity of hours on the job site, weather
conditions, list of visiting officials, daily activities, job decisions and observations as
well as general and specific observations and job progress.
• Maintain a daily record of the contractor's activities throughout construction including
sufficient information to permit verification of the nature and cost of changes in plans
and authorized extra work.
• Measurement and computation of pay items.
• Preparation and submission of all partial and final payment estimates, change
orders, records, documentation and reports.
• Except upon written instructions of the Village, the Resident Engineer or Inspector
shall not authorize any deviation from the Contract Documents.
• Assist contractors in dealing with any outside agencies.
• Attend all construction conferences. Arrange a schedule of progress meetings and
other job conferences as required. Maintain and circulate copies of records of the
meetings.
• Attend meetings at any reasonable time when requested to do so by representatives
of the Village.
• Review the Contractor's schedule on a weekly basis. Compare actual progress to
Contractor's approved schedule. If the project falls behind schedule, work with the
Contractor to determine the appropriate course of action to get back on schedule.
• Maintain orderly files for correspondence, reports of job conferences, shop drawings
and other submissions, reproductions or original contract documents including all
addenda, change orders and additional drawings issued subsequent to the award of
the contract.
• Prepare payment requisitions and change orders for the Village's approval, review
applications for payment with the Contractor for compliance with established
procedures for their submission and forward them with recommendations to the
Village.
• Prior to final inspection, submit to the Contractor a list of observed items requiring
correction and verify that each correction has been made.
• Coordinate and conduct the final inspection with the Village, prepare a final punchlist.
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• Verify that all the items on the final punchlist have been corrected and make
recommendations to the Village concerning acceptance.
• Determine if the project has been completed in accordance with the Contract
Documents and that the Contractor has fulfilled all of his obligations.
Please note that for any of the observation tasks that CBBEL may be performing, the
Contractor(s) shall be informed that neither the presence of CBBEL field staff nor the
observation and testing (if any) by our firm or subconsultant of our firm shall excuse the
Contractor in any way for defects discovered in the work. It should be understood that
CBBEL will not be responsible for any job and site safety on this project; job and site safety
shall be the sole responsibility of the Contractor(s). CBBEL does not have the right to stop
work and will not advise nor supervise the Contractor(s) means and methods of their work.
Task 3 — Proiect Close Out:
■ All final paperwork will be submitted to the Village
■ Material Inspection close out will be submitted to the Village in accordance with the
Construction Manual and Bureau of Materials standards.
Task 4— Material Testing:
CBBEL will provide material inspection services through our sub-consultant Testing Service
Corporation (TSC) of Carol Stream, IL. TSC will complete the Quality Assurance (QA)
material testing for concrete and asphalt at the site and QA testing at the plants in
accordance with (DOT's Construction Manual. It is understood that CBBEL will be
responsible for the performance of material inspection services as described above. It is
also understood that CBBEL is the sole representative of the Village. Due to the special
provisions related to the asphalt mix design in the construction contract, an additional 10%
contingency has been included in order to provide additional material testing, if needed.
DETERMINATION OF FEE
CBBEL proposes the following not to exceed fees for each of the tasks described above for
each Area:
CONSTRUCTION ENGINEERING SERVICES
Task 1 — Pre-Construction $ 2,500
Task 2 — Construction Observation $ 66,5001
Task 3— Project Close Out $ 3,500
Task 4— Material Testing 8,000
Sub Total $ 80,500
DIRECT COSTS
Outside Copies, Blueprints, Messenger, Delivery Services Total $ 1,000
GRAND TOTAL $ 81,500
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We will bill you at the hourly rates specified on the attached Schedule of Charges and establish
our contract in accordance with the attached General Terms and Conditions. Please note the
direct costs for blueprints, photocopying, mailing, overnight delivery, messenger services and
vehicle usage are included in the not to exceed Fee Determination and will not be charged
separately for this project. These General Terms and Conditions are expressly incorporated into
and are an integral part of this contract for professional services.
Please sign and return one copy of this agreement as an indication of acceptance and notice to
proceed. Please feel free to contact us anytime.
Sincerely,
Christ er B. Burke, PhD, PE, D.WRE, Dist.M.ASCE.
President
Encl. Schedule of Charges
General Terms and Conditions
THIS PROPOSAL, SCHEDULE/OF CHARGES AND GENERAL TERMS AND CONDITIONS
ACCEPTED FOR THE VILLA? OF O BRO
BY:
TITLE: Village President
DATE: May 27, 2014
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CHRISTOPHER B. BURKE ENGINEERING, LTD.
STANDARD CHARGES FOR PROFESSIONAL SERVICES
VILLAGE OF OAK BROOK
JANUARY 2011
Charges*
Personnel /Hr
Principal 240
Engineer VI 210
Engineer V 173
Engineer IV 138
Engineer III 125
Engineer 1/11 102
Survey V 178
Survey IV 132
Survey III 127
Survey II 100
Survey 1 78
Resource Planner 112
Resource Planner IV 108
Resource Planner III 100
Resource Planner 1/11 88
Engineering Technician V 150
Engineering Technician IV 132
Engineering Technician 111 107
Engineering Technician 1/II 97
CAD Manager 138
Assistant CAD Manager 126
CAD II 125
CAD 1 98
GIS Specialist III 120
GIS Specialist 1/11 67
Landscape Architect 138
Environmental Resource Specialist V 154
Environmental Resource Specialist IV 134
Environmental Resource Specialist III 114
Environmental Resource Specialist 1/11 94
Environmental Resource Technician 90
Administrative 88
Engineering Intern 53
Survey Intern 53
Information Technician III 97
Information Technician 1/11 62
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12%
*Charges include overhead and profit
Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and costs by 5%
after December 31, 2011
Please note: In recognition of the economic challenges facing our clients, we have not
increased our schedule of charges since January 2009.
RIDER NO. 1 TO AGREEMENT DATED , 2014
BETWEEN THE VILLAGE OF OAK BROOK, ILLINOIS
AND CHRISTOPHER B. BURKE ENGINEERING, LTD.
FOR THE 2014 Street Improvement Project
R-1. Conflicts. This Rider constitutes a part of the agreement ("Agreement") dated
, 2014 between the Village of Oak Brook, Illinois ("Village") and
Christopher B. Burke Engineering, Ltd. ("Engineer") for the 2014 Street Improvement
Project ("Project"). In the event of any conflict between the terms and provisions of this
Rider and those contained in the Agreement or any other contract document, the terms
and provisions of this Rider shall prevail.
R-2. Commencement. The date of commencement of Work by the Engineer shall be agreed
upon by both the Village and Engineer.
R-3. Statutory Provisions. The Engineer shall comply with the provisions of the
Employment of Illinois Workers on Public Works Act, 30 ILCS 570/0.01, et seq.; the Drug
Free Workplace Act, 30 ILCS 580/1, et seq.; the Human Rights Act, 775 ILCS 5/1-101,
et seq.; and the Prevailing Wage Act, 820 ILCS 130/0.01, et seq.; the Veterans
Preference Act, 330 ILCS 55/0.01 et seq.; but nothing herein shall require the application
of those Acts unless required by state law.
R-4. Bid Rigging. The Engineer hereby certifies that it is not barred from bidding on or
entering into this Agreement as a result of a violation of Article 33E of the Criminal Code
of 1961, 720 ILCS 5/1-1, et seq.
R-5. Arbitration/Litigation/Venue. All disputes between the Village and the Engineer shall,
at the election of either party, be the subject of a civil suit. Venue for any such suit shall
lie in the Circuit Court of the 18th Judicial Circuit (DuPage County).
R-6. Termination. The Village reserves the right at any time and in its absolute discretion to
terminate the services of the Engineer by giving written notice to the Engineer. In such
event, the Engineer shall be entitled to, and the Village shall reimburse the Engineer for,
an equitable portion of the Engineer's fee based on the portion of the services completed
prior to the effective date of termination.
R-7. Miscellaneous. The provisions which follow shall apply generally to the obligations of
the parties under this Agreement:
a. This Agreement may not be amended except pursuant to a written
instrument signed by both parties.
b. This Agreement is binding upon the successors and assigns of the
Parties.
C. The waiver by either party of any breach or violation of any provision of
this agreement shall not be deemed to be a waiver or a continuing waiver of any
subsequent breach or violation of the same or any other provision of this
Agreement.
d. Each of the parties to this Agreement represents and warrants that it has
the full right, power, legal capacity, and authority to enter into and perform its
respective obligations hereunder and that such obligations shall be binding upon
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2014 street improvement project engineering rider no 1.docx
such party without the requirement of the approval or consent of any other
person or entity in connection herewith.
e. This Agreement contains
the entire understanding between the Parties with respect to the subject matter
herein. There are no representations, agreements, or understandings (whether
oral or written) between or among the parties relating to the subject matter of this
Agreement which are not fully expressed herein.
f. This Agreement creates no rights, title or interest in any person or entity
whatsoever (whether under a third party beneficiary theory or otherwise) other
than the Parties.
g. This Agreement may be executed in counterparts. Facsimile signatures
shall be sufficient.
h. Under no circumstances shall this Agreement be construed as one of
agency, partnership, joint venture, or employment between the Parties. The
Parties shall each be solely responsible for the conduct of their respective
officers, employees and agents in connection with the performance of their
obligations under this Agreement.
R-8 Burke Terms and Conditions not Applicable. The Village and Engineer acknowledge
that the Engineer's proposal attached to this Agreement and setting forth the services,
pricing, and time schedules that are incorporated in the Agreement as appendices I, II,
and III ("Proposal"), also includes a copy of that certain document entitled "Christopher B.
Burke Engineering, Ltd. General Terms and Conditions", consisting of 10 pages and 30
paragraphs dated June 13, 2005 (collectively, the "Burke Terms and Conditions"). The
Village and the Engineer acknowledge and agree that the Burke Terms and Conditions:
(1) do not and are not intended to bind the parties to this Agreement, (2) are not
incorporated as terms or conditions of the Agreement, (3) are entirely superseded by the
terms of the Agreement, and (4) are included in the attached Proposal for the sole
purpose of accurately depicting the Proposal as submitted to the Village. The execution
of this Agreement by the Village does not constitute, nor shall be interpreted as, an
acceptance by the Village of the Burke Terms and Conditions or the incorporation of the
Burke Terms and Conditions into this Agreement.
VILLAGE F OAK BROOK CHRISTOPHER B. BURKE
EN INEERING, LTD.
By: By:
Gopal Lalmalani
Village President Its: e-(514,1 y
Attest: Attest:
By: By:
Charlotte Pruss
Village Clerk Its:
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