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R-1557 - 04/26/2016 - ENGINEERING - Resolutions Supporting Documents Item 6.D.2 BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK R. , K µ BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of April 26, 2016 SUBJECT: 2017 York Road STP Project (southernmost Tollway bridge to the south Village jurisdiction limits) Engineering Services Agreement for Design Engineering with Christopher B. Burke Engineering, Ltd. FROM: Robert L. Kallien Jr., AICP, Community Development Director Jim Bosma, PE, Village Engineer BUDGET SOURCE/BUDGET IMPACT: $75,050.00 from Infrastructure Funds for Roadway Improvement Account 461-76200 RECOMMENDED MOTION: I move that the Village Board approve the attached Engineering Services Agreement with Christopher B. Burke Engineering, Ltd. for the design of the 2017 York Road STP Project in the not-to-exceed amount of$75,050.00 and approve Resolution R-1557. Backeround/History: Last November, the Village Board approved the attached Authorization to Negotiate with Christopher B. Burke Engineering, Ltd. (CBBEL) for the York Road STP Project. The schedule anticipates us making the January 2017 IDOT letting at the earliest or the March 2017 IDOT letting at the latest. The estimated cost for this project was updated this winter to a possible $1,142,400, including construction engineering, but the STP grant will now pay for up to $742,560 (the Village portion would be $399,840). Assuming the final as-built cost of the project is approximately $1,000,000, CBBEL's design fee would be approximately 7.5% of the contractor's construction cost which is very reasonable for a project that must be processed through IDOT. Furthermore, part of the $75,050 not-to-exceed fee includes a contingency fee of$10,000 for a Phase I report which hopefully will not be required and would reduce the fee to approximately 6.5%. BOT AGENDA Page 1 The attached Authorization to Negotiate discussed the upcoming Request For Qualifications (RFQ) plans which the following is a quick updated summary of our intentions: 2017 Street Improvement Design RFQ spring/summer 2016 2017 Water Main Project (Design& Inspection) RFQ summer/fall 2016 2017 Street Improvement& York Road STP Inspections RFQ fall/winter 2016/2017 Please note the 2017 York Road STP and the 2017 Street Improvement Project are separate. The 2017 Street Improvement Project will include various streets throughout the Village. We are requesting separate RFQ's for design and inspection of paving projects because some companies may have much better strength at preparing design plans/specs while other companies may have much better strength at providing high- quality inspectors. Recommendation: Approve the attached Engineering Services Agreement. BOT AGENDA Page 2 RESOLUTION 2016-ENG-ST-PRJT-R-1557 A RESOLUTION APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND CHRISTOPHER B. BURKE ENGINEERING, LTD FOR DESIGN SERVICES RELATED TO THE 2017 YORK ROAD SURFACE TRANSPORTATION PROGRAM PROJECT WHEREAS, the Village has budgeted funds for the design and bidding of the 2017 Surface Transportation Program Project("Project') in its budget for Fiscal Year 2016; and WHEREAS, the Village desires to retain an engineer to provide engineering design and bidding services for the Project("Services"); and WHEREAS, Christopher B. Burke Engineering, LTD ("Burke") previously provided satisfactory engineering services to the Village during the design and bidding phases of the last five years of paving 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 $75,050.00 ("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, and in a final form approved by 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 Agreement 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 2016-ENG-ST-PRJT-R-1557 Engineering Design Services for 2017 Surface Transportation Program Project 2of3 APPROVED THIS 26th day of April, 2016 Gopal G. Lalmalani Village President PASSED THIS 26th day of April, 2016 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Resolution 2016-ENG-ST-PRJT-R-1557 Engineering Design Services for 2017 Surface Transportation Program Project 3 of 3 EXHIBIT A AGREEMENT ENGINEERING SERVICES AGREEMENT VILLAGE OF OAK BROOK York Road STP Project THIS AGREEMENT, made and entered into this _ day of April 2016, 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 York Road STP Project, (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: 1. SCOPE OF SERVICES ENGINEER agrees to perform engineering consulting services as defined in the Scope of Services attached as Appendix 1 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 titi+i�'�j.Sn REVIEW OF CONTRACTS Awarding Agency: T pe of Contract, �iri Department: Program/Account Number: I Aw rde` Contract PrI e: B dgeted Amount: I D G , C)�C} CIO i ❑ Under $20,000 [j $500,001 - $1,000,000 $20,000 - $500,000 [] Over $1,000,000 STP Z)�� till ISM 1 i Name: _- — Date: . Name: Date: 7Name: Date: C/,,..�-J f Name: Date: Three (3) Originals signed by other party Date/Initials Original provided to staff member for other party Date/Initials l 1 Original provided to Official Files Date/Initials 5 l �� Village of Oak Brook I Approved by Board of Trustees- Date/Initials: