R-21-53VILLAGE OF DEERFIELD
RESOLUTION NO. 2021- R-21-53
A RESOLUTION APPROVING AN AGREEMENT WITH CIVILTECH
ENGINEERING, INC. OF ITASCA, ILLINOIS FOR
PHASE III ENGINEERING SERVICES
WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970;
and
WHEREAS, the Village desires to retain a qualified firm to provide Phase III
Engineering Services ("Services'; and
WHEREAS, the Village issued a request for qualifications for qualified firms to
complete the Services; and
WHEREAS, the Village has determined that the proposal submitted by Civiltech
Engineering, Inc. of Itasca, Illinois ("Consultant'), is the most appropriate for the
provision of the Services; and
WHEREAS, the Village and Consultant desire to enter into an agreement for the
provision of the Services by Consultant ("Agreement'); and
WHEREAS, the Mayor and Board of Trustees have determined that entering into
the Agreement with Consultant will serve and be in the best interest of the Village and its
residents;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals
as its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF AGREEMENT. The Agreement by and between
the Village and Consultant is hereby approved in substantially the form attached to this
Resolution as Exhibit A, and in a final form and substance acceptable to the Village
Manager and the Village Attorney.
SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Mayor and
the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the
Village, the final Agreement upon receipt by the Village Clerk of at least one original copy
of the final Agreement executed by Consultant; provided, however, that if the executed copy
of the final Agreement is not received by the Village Clerk within 60 days after the effective
date of this Resolution, then this authority to execute and attest will, at the option of the
Mayor and Board of Trustees, be null and void.
{00120920.1)
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
AYES: Benton, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Jacoby
PASSED: December 20, 2021
APPROVED: December 21, 2021
RESOLUTION NO: R-21-53
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. Street, Village Clerk
{00120920.11
EXHIBIT A
Agreement
{00120920.11
Local Public Agency
Illinois Department
Village of Deerfield p U!W
of Transportation
County C
Lake A
Section L
Project No. A Construction Engineering
G Services Agreement
Job No. E For
Contact Name/Phone/E-mail Address N Federal Participation
Tyler Dickinson;. 847.719.7463 C
tdickinson@deerfield. il. us Y
Consultant
C I
Civiltech Engineering,Inc.
O
Address
N
Two Pierce Place Suite 1400
S
City
Itasca
U
L
State
Illinois
T
Zip Code
A
60143
N
Contact Name/Phone/E-mail Address
T
James D. Ewers; 630.773.3900
jewers@civiltechinc.com
THIS AGREEMENT is made and entered into this 21 day of December , 2021 between the above
Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the
PROJECT described herein. Federal -aid funds allotted to the LPA by the state of Illinois under the general supervision of the Illinois
Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT
PROVISIONS.
WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean:
Regional Engineer Deputy Director Division of Highways, Regional Engineer, Department of Transportation
Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the PROJECT
In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name Waukegan Road Water Main Improvements Route Length 1.20 mi Structure No.
Termini From Deerfield Road to North Ave
Description: This work consists of watermain installation, water services, hydrants, sidewalk with curb & gutter replacement, pavement
patching and resurfacing with HMA surface course, landscape restoration, and all incidental and collateral work necessary to complete
the project.
Agreement Provisions
I. THE ENGINEER AGREES,
To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT
hereinbefore described and checked below:
® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality
Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform
testing as noted below.
® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples
and perform testing as noted below.
® c. For soils, to obtain samples and perform testing as noted below.
® d. For aggregates, to obtain samples and perform testing as noted below.
NOTE: For 1a. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR "Project
Procedures Guide", or as indicated in the specifications, or as attached herein by the LPA; test according to the
STATE BMPR "Manual of Test Procedures for Materials", submit STATE BMPR inspection reports; and verify
compliance with contract specifications.
Page 1 of 9 BLR 05611 (Rev. 11/09117)
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®
e.
Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit
inspection reports to the LPA and the STATE in accordance with the STATE BMPR "Project Procedures Guide" and
the policies of the STATE.
®
f.
For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA
trained technician classes.
®
g.
Inspect, document and inform the LPA employee In Responsible Charge of the adequacy of the establishment and
maintenance of the traffic control.
®
h.
Geometric control including all construction staking and construction layouts.
®
i.
Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with
the STATE Construction Manual.
®
j.
Measurement and computation of pay items.
®
k.
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.
®
I.
Preparation and submission to the LPA by the required form and number of copies, all partial and final payment
estimates, change orders, records, documentation and reports required by the LPA and the STATE.
®
m.
Revision of contract drawings to reflect as built conditions.
®
n.
Act as resident construction supervisor and coordinate with the LPA employee In Responsible Charge.
2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties
of the ENGINEER in connection with the AGREEMENT.
3. To furnish the services as required herein within twenty-four hours of notification by the LPA employee In Responsible Charge.
4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LPA or
STATE.
5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
without the written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be
furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this
AGREEMENT.
6.
The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the LPA employee In Responsible Charge,
no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall
represent the value, to the LPA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage
7. (equal to the percentage of the construction engineering completed) of the fixed fee for the fully completed work.
That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to
improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to
8. perform the services enumerated herein.
That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors, omissions or
ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LPA. Should
any damage to persons or property result from the ENGINEER's error, omission or negligent act, the ENGINEER shall indemnify
the LPA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from
such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the
contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from
the LPA.
9.
10. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LPA.
The undersigned certifies neither the ENGINEER nor I have:
a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other
than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT;
b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or
person in connection with carrying out the AGREEMENT or
Page 2 of 9 BLR 05611 (Rev. 11/09/17)
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c) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above
ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out
the AGREEMENT.
d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public
(Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
f) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (e) of this certification; and
g) have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local)
terminated for cause or default.
11 To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA.
12. To submit all invoices to the LPA within one year of the completion of the work called for in this AGREEMENT or any subsequent
Amendment or Supplement.
13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT.
14. To be prequalified with the STATE in Construction Inspection when the ENGINEER or the ENGINEER's assigned staff is named as
resident construction supervisor. The onsite resident construction supervisor shall have a valid Documentation of Contract
Quantities certification.
15. Will provide, as required, project inspectors that have a valid Documentation of Contract Quantities certification.
II. THE LPA AGREES,
1. To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT
activities.
2. To furnish the necessary plans and specifications.
3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services.
4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the
following compensation formulas:
Cost Plus Fixed Fee
Formulas
Specific Rate
Lump Sum
❑ FF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or
® FF = 14.5%[(2.3 + R)DL + IHDC]
Where: DL = Direct Labor
IHDC = In House Direct Costs
OH = Consultant Firm's Actual Overhead Factor
R = Complexity Factor
FF=Fixed Fee
SBO = Services by Others
Total Compensation = DL +IHDC+OH+FF+SBO
❑ (Pay per element)
El
5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409:
Page 3 of 9
Printed on 9/23/2021 3:25:47 PM
BLR 05611 (Rev. 11/09/17)
❑ With Retainage
a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to
90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LPA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal
to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
c) Final Payment — Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have
been made and accepted by the LPA and the STATE, a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to
the ENGINEER.
® Without Retainage
a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA,
monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value
of the partially completed work minus all previous partial payments made to the ENGINEER.
b) Final Payment — Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have
been made and accepted by the LPA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of
any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall
take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -
assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as
violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may
impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
7. To submit approved form BC 775 (Exhibit C) and BC 776 (Exhibit D) with this AGREEMENT.
8. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local
Government Professional Services Selection Act 50 ILCS 510, the Brooks Act 40USC 11, and Procurement, Management, and
Administration of Engineering and Design related Services (23 CFR part 172). Exhibit C is required to be completed with this
agreement.
III. It is Mutually Agreed,
1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers, accounting records and
other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times
during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the
STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be
furnished if requested.
2. That all services are to be furnished as required by construction progress and as determined by the LPA employee In Responsible
Charge. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LPA, after the
CONTRACTOR has completed the construction contract.
3. That all field notes, test records and reports shall be turned over to and become the property of the LPA and that during the
performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the
documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the
ENGINEER's expense.
4. That this AGREEMENT may be terminated by the LPA upon written notice to the ENGINEER, at the ENGINEER's last known
address, with the understanding that should the AGREEMENT be terminated by the LPA, the ENGINEER shall be paid for any
services completed and any services partially completed. The percentage of the total services which have been rendered by the
ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be
multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field
notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be
delivered to, the LPA.
5. That any differences between the ENGINEER and the LPA concerning the interpretation of the provisions of this AGREEMENT
shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member
appointed by the LPA, and a third member appointed by the two other members for disposition and that the committee's decision
shall be final.
Page 4 of 9 BLR 05611 (Rev. 11 /09/17)
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6. That in the event the engineering and inspection services to be furnished and performed by the LPA (including personnel furnished
by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplement
the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LPA.
That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the
contractor's safety precautions, except as provided in numbered paragraph 1f of Section I.
8. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee
or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property
or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract
or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years.
For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty-five (25) or
more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific
performance under a contract or grant of $5,000 or more from the State, as defined in the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:
(A) abide by the terms of the statement; and
(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace
no later than five (5) days after such conviction.
(b) Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's or contractor's policy of maintaining a drug free workplace;
(3) any available drug counseling, rehabilitation and employee assistance program; and
(4) the penalties that may be imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance
of the contract or grant and to post the statement in a prominent place in the workplace.
(d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of
paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation
program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is
required and indicating that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free
Workplace Act.
The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this
AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT -assisted
contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination this AGREEMENT or such other remedy as the LPA deems appropriate.
10. When the ENGINEER is requested to complete work outside the scope of the original AGREEMENT, a supplemental AGREEMENT
will be required. Supplements will also be required for the addition or removal of subconsultants, direct costs, the use of previously
unspecified staff, and other material changes to the original AGREEMENT.
Page 5 of 9 BLR 05611 (Rev. 11/09/17)
Printed on 9/23/2021 3:25:47 PM
Aureement Summary,
Prime Consultant: I TIN Number I A 'reement Amount
_Civiltech Engineering, Inc. 1 36-36OWN j_$273,887.00
r Sub -Consultants: TIN Number Agreement Amount
Midland Standard Engineering & Testing, Inc. _ 20-2435502 _ _ $19 500.00
Sub -Consultant Total:: $19,500.00
{ Prime Consultant Total: $273,887.00 _
lJ Total for all Work: $293,387.00
Executed by the LPA: Village of Deerfield
(Mu niapalityrrownsh ip/County)
''��N1111NNgpy
ATTEST: ,�,1•Gs OF �Dpi '.
Village Clerk ! * z Title: Director of Public Works
(SEAL)
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Executed by the ENGINEER:
Civiltech Engineering, Inc.
ATTEST: 1>2
+�
By: By:
Title: Vice President Title: President
Page 6 of 9 BLR 05611 (Rev. 11109/17)
Printed on 9123/2021 3:25:47 PM
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Waukegan Road Water Main Improvements
Summary of Direct Costs
Route: Waukegan Road Water Main Improvements
Local Agency: Village of Deerfield
Section No.:
Proj. No.:
Job No.:
County: Lake
Contract No.:
Direct Costs:
l yJ1•ftA- I
Assume 2 large sets for working drawings & 1 set for final "As-Builts"
Bond Prints: 3 sets X 24 sheets/set X $0.86 per sheet = $61.92
Total = $61.92
Say: $60.00
Assume 0 sets of developed digital pictures @ $10.00 ea. = $0.00
Total: $0.00
Vehic_ -
195 vehicle days required @ $55.00 per day = $10,725.00
Total: $10,725.00
d