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HomeMy WebLinkAbout077-R-19 Authorizing the CM to Sign an Amendment to the Local Public Agency Agrmt for Preliminary Engr Services for Federal Participation w the IDOT and Preliminary Engr Services Agrmt w Stanley Consultants Inc for the Central St Bridge Phase II Engr Work7/10/2019 77-R-19 A RESOLUTION Authorizing the City Manager to Sign an Amendment to the Local Public Agency Agreement for Preliminary Engineering Services for Federal Participation with the Illinois Department of Transportation and the Preliminary Engineering Services Agreement with Stanley Consultants, Inc. for the Central Street Bridge Phase 11 Engineering Work WHEREAS, the City of Evanston and Illinois Department of Transportation (hereinafter "IDOT"), in the interest of improving the overall structure of the Central Street Bridge, are desirous of removing the existing bridge structure over the North Shore Channel and replacing it with a wider bridge, said improvement is identified as State Section Number: 16-00278-00-BR, State Job Number: D-91-301-16, and Project Number: 47ZW (630), hereinafter referred to as the "Project'; and WHEREAS, the parties hereto are desirous of said Project because it will have an immediate benefit to the residents of the area and will be permanent in nature; and WHEREAS, the amendment to the Local Public Agency Agreement for preliminary engineering services with IDOT must be amended because the Project cost increased due to right-of-way purchase necessary to widen the Central Street Bridge; and WHEREAS, additionally, the City must also amend the associated professional services agreement with Stanley Consultants, Inc. for the Project due to -Ie) 2't°\ 77-R-19 the change in the scope of work and engineering services necessary for the Project; and WHEREAS, the City Council of the City of Evanston hereby determines it is in the best interests of the City to enter into an amendment to the agreement with IDOT and the preliminary engineering services agreement with Stanley Consultants, Inc., NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized to sign and the City Clerk is hereby authorized to attest to the following: (a) the Amendment to the Preliminary Engineering Services Agreement for Federal Participation with IDOT, attached hereto as Exhibit 1; and (b) Professional Services Agreement for the Central Street Bridge Replacement Project Phase II Engineering with Stanley Consultants, Inc., attached hereto as Exhibit 2 and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of these agreements that he may determine to be in the best interests of the City. SECTION 3: That this Resolution 77-R-19 shall be in full force and effect from and after its passage and approval in the manner provided by law. -2- 77-R-19 Stephen . 4Hage I AttestqRei Approved as to form: � DevonE*)erk Michelle L. Masoncup, Corporation Counsel Adopted: 15 r 1 , 2019 -3- 77-R-19 EXHIBIT 1 Amendment to Local Public Agency Agreement for Preliminary Engineering Services for Federal Participation between City of Evanston and IDOT �4� Q I=I IIr1101S Dep t71ent Local Public Agency Amendment o of Tra Ott1ti0n # 1 for Federal Participation Local Public Agency (City of Evanston LOCAL PUBLIC AGENCY County (Cook Fund Type ITEP, SRTS, HSIP Number(s) MPO Name STP-Br II 1ICMAP ❑ Construction on State Letting ❑ Construction Local Letting ❑ Day Labor ® Local Administered Engineering ❑ Right -of -Way Section Number 1 1 16-00278-00-BR MPO TIP Number 1102-16-0016 Construction Engineering Right of Way Job Number Proiect Number Job Number Proiect Number Job Number Proiect Number ID-91-301-16 1 147ZW(630) I 11 This Agreement is made and entered into between the above local public agency, hereinafter referred to as the "LPA" and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LPA jointly propose to improve the designated location as described below. The improvement shall be consulted in accordance with plans prepared by, or on behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal Highway Administration, hereinafter referred to as "FHWA". LOCATION Stationing Local Street/Road Name Key Route Lenqth From To (Central Street 1IFAU 1301 110.1 mi 1103+00 1I109+00 1 Location Termini At North Shore Channel f Current Jurisdiction Existing Structure Number(s) ILPA 1p16-6951 11 Add Location LOCAL PUBLIC AGENCY APPROPRIATION For Amendments Increasing the LPA share: By execution of this Amendment, the LPA attests that additional moneys have been appropriated or reserved by resolution or ordinance to fund the additional share of LPA project costs. A copy of the resolution or ordinance is attached as an addendum (required for increases to state -let contracts only). ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement. X 1. Location Map X 2. Division of Cost I- Add Row Printed 07/11/19 54 Pae.6 o 06 BLR 05311 (Rev. 06/13119) BE IT MUTUALLY AGREED that all remaining provisions of the original agreement not altered by the amendment shall remain in full force and effect and the amendment shall be binding upon the inure to the benefit of the parties hereto, their successor and assigns. The LPA further agrees as a condition of payment, that it accepts and will comply with the application provisions set forth in this amendment and all addenda indicated above. APPROVED APPROVED State of Illinois Local Public Agency Department of Transportation Name of Official (Print or Type Name) Omer Osman P.E., Actinq Secretary Date Wally Bobkiewicz Title of Official (City Manager By: Siqnature Date Director of Planninq & Programminq Date Director of Planninq & Programminq Date The above signature certifies the agency's Tin number is 366-00-5870 conducting business as a Governmental Entity. Duns Number 074390907 Philip C. Kaufmann, Chief Counsel Date Chief Fiscal Officer (CFO) Date NOTE: if the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. Printed 07/11/19 55p f o1 06 BLR 05311 (Rev. 06113/19) ADDENDA NUMBER 2 Local Public Aqency County ICity of Evanston IICook Construction Engineering Job Number Project Number Job Number Project Number ID-91-301-16 1147ZW(630) DIVISION OF COST Federal Funds State Funds Type of Work Fund Type Amount % Fund Type Amount - Preliminary Engineering STP-Br $53,760.00 Section Number I I16-00278-00-BR Right of Way Job Number Project Number II II Local Public Agency % Fund Type Amount % LPA $13,440.00 Totals $67,200.00 Total $53,760.00 Total Totasl $13,440.001 1 $67,200.00 Add I If fundinq is not a percentaqe of the total place an asterisk (*) in the space provided for the percentage and explain below: *Maximum FHWA (STP-Br) participation (80%) not to exceed $ 53,760.00. J NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursement. Printed 07/11/19 56Pe f of 06 BLR 05311 (Rev. 06/13/19) Instructions for BLR 05311 - Page 1 of 3 NOTE: Form instructions should not be included when the form is submit. This form shall be used when a local public agency (LPA) project involves Federal -Aid, with or without state funds and this standard form is sufficient to describe all details of the agreement. This form serves as an amendment to BLR 05310. For more information refer to the Bureau of Local Roads and Streets Manual (BLRS) Chapter 5. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS manual. When filling out this form electronically, once a field is initially completed, fields requiring the same information will be auto - populated. Amendment No. Insert the amendment number as it applies to this amendment. Local Public Aaencv Name of LPA Insert the narne of the LPA County Insert the name of the county in which the LPA is located. Section Number Insert the section number applied to this project. Fund Type Insert the funding type(s) being used for this project (e.g. STU, STR, ITEP, etc.) ITEP, SRTS, HSIP Number Insert the ITEP, SRTS, HSIP number assigned to this project. MPO Name Insert the name of the Metropolitan Planning Organization (MPO) in which the LPA is located if applicable. If not, select "N/A". MPO Tip Number Insert the MPO Tip Number assigned to this project, this is required for all projects located within the MPO planning boundaries if applicable. If not, insert "N/A". Construction on State Letting Check this box if the construction portion of this project will be on a state held letting. Day Labor Check this box if the project will be constructed using day labor. Local Administered Engineering Check this box if the LPA is administering the engineering locally. Right -of -Way Check this box if Right -Of -Way is part of the project. Construction Job Number Insert the job number assigned for the construction portion, the number will begin with a "C" Project Number Insert the project number assigned to the construction portion of this project. Engineering Job Number Insert the job number assigned for the engineering portion of this project. Project Number Insert the project number assigned to the engineering portion of this project. Right -of -Way Job Number Insert the job number assigned for Right -of -Way for the project, if applicable. The number will begin with a "R". Project Number Insert the project number assigned to the Right -of -Way for the project, if applicable. Location Use the add location button to add additional locations if needed. Local Street/Road Name Insert the local street/ road name. Key Route Insert the key route of the street/road listed above. Length Insert the length in miles as it pertains to the location listed above. For a structure insert 0.01. Station From To Location Termini Printed 07/11/19 Insert the beginning station of the project as it pertains to the key route for this location for this project. Insert the ending station of the project as it pertains to the key route for this location for this project. Insert the beginning and ending termini as it pertains to this location for this project. 57 of 106 BLR 05311 (Rev. 06113/19) Instructions for BLR 05311 - Page 2 of 3 Existing Structure Number(s) Insert the existing structure number(s) for this project. Add Location Use this button to add additional locations. A total of four additional locations can be added. If there are more than 5 locations, do not add each location. Instead, insert "Various" in the first location field. Addenda Within the Addenda table, check the box as applicable. Insert the item number of the addenda and a description of the item. 1. Location Map Attach a location map to this agreement showing all locations being improved by this project. 2. Division of Cost Insert the division of cost page (see separate instructions for completing this document). 3. LPA Appropriation Resolution For State -Let construction projects, the LPA must pass an appropriation resolution covering the local share of the project. Attach the resolution for this appropriation. 4. IDOT Fiscal Approval Signature Page ADDroved Local Public Agency The appropriate LPA official shall insert their name, sign and date. Insert the LPA's TIN number and DUNS Number. Illinois Dept of Transportation The appropriate IDOT official shall sign and date here. Division of Cost Table When the LPA desires to use one or more lump -sum amounts before the federal percentage is calculated, specify the order in which it should be used and the "not to exceed" amount. The following provides an example of the wording that may be used: Lump -sum $60,000 TARP funds not to exceed 50% of final cost of project credited to the project to be utilized first. Lump -sum to be utilized second not to exceed $20,000 EDP funds. Lump -sum to be utilized third not to exceed $40,000 SMA funds. These specified amounts will be used in sequence, with the federal and local percentages calculated after they are deducted. When the LPA desires to use a percent "not to exceed" commitment, the federal and state funds will be used concurrently at the specified percentages up to the "not to exceed" amount. Example: Maximum STIR participation 80% not to exceed $100,000 Lump -sum SMA not to exceed $20,000 to be used as a match to 'he federal funds Be advised that the "not to exceed" amount specified under a percentage commitment will be tied up and unavailable for programming until the project is closed out and a documentation review has been completed by IDOT or FHWA, if required. Division of Cost Table: Use a separate line for each type of work as it relates to the fund type for federal, state and/or LPA funds. Type of Work Federal Funds Fund Type Amount State Funds Fund Type Amount Printed 07/11/19 Choose the type of work from the drop down list. Types to choose from are: Participating Construction, Non -Participating Construction, Preliminary Engineering, Construction Engineering, Right -of -Way, Railroads, Utilities, and Materials. If federal funds are being used on this project complete the following for federal funds. Choose the type of federal fund type from the drop down. Insert the amount of federal f, nds for the type listed under fund type. Insert the percentage of federal funds for this type. If state funds are being used on this project complete the following for state funds. Choose the type of State Funds from the drop down. Insert the amount of state fu- is for the type listed under fund type. Insert the percentage of state funds for this type. 58 of 106 BLR 05311 (Rev. 06/13/19) Instructions for BLR 05311 - Page 1 of 3 Local Public Agency Funds Fund Type Insert the type of LPA funds being used on this project. Amount Insert the amount of LPA fun(±s for the type listed under fund type. % Insert the percentage of local funds for this type. Explanation Insert any necessary additional information as to how the funding is being applied for this project. A minimum of three (3) originals executed by the LPA must be submitted to the District through its Regional Engineer's Office. Distribution will be as follows: District file Bureau of Local Roads Central Office (2) Printed 07/11/19 59 of 106 BLR 05311 (Rev. 06/13/19) 77-R-19 EXHIBIT 2 Preliminary Engineering Services Agreement for Phase 11 Engineering between the City of Evanston and Stanley Consultants, Inc. -5- Local Public Agency Consultant City of Evanston L urnois Department Stanley Consultants p of Transportation C County C o Address Cook A N 8501 W. Hiclains Road. Suite 730 Section L S City 16-00278-00-BR Chicago Project No. I A Preliminary Engineering L State 472W(630) G Services Agreement T Illinois Job No. I For Zip Code D-91-301-16 E Federal Participation A 60631 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Sat Nagar C T Paul Schneider 847-866-2967 Y 773-693-9624 snaaarna citvofevanston.ora schneidernaulna stanlevarouo.com THIS AGREEMENT is made and entered into this day of I between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT. 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. Project Description Name Central Street Route FAU 1301 Length 0.01 mi Structure No. 016-6951 Termini At North Shore Channel Description Supplement -01. Provide supplemental Phase II Engineering services for the Central Street Bridge replacement project. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LPA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LPA or STATE. 3. To complete the services herein described within 270 calendar days from the date of the Notice to Proceed from the LPA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher -salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser -salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LPA. Page 1 of 8 Printed on 7/3/2019 6:54:36 PM BLR 05610 (Rev. 05/31/19) 61 of 106 9. 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 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) 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. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 11. 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. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ❑ Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ❑ Prepare the necessary environmental and planning documents including the Project Development Report or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LPA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in tie Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ® Furnish the LPA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 8 Printed on 7/3/2019 6:54:36 PM BLR 05610 (Rev. 05/31/19) 62 of 106 IL THE LPA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. 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 ® CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or ❑ CPFF = 14.5%[DL + R(DL) + 1.4(DL) + IHDC], or ❑ CPFF = 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 Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ 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 approvali 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 o 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 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.). 5. 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 MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LPA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LPA or to the STATE, without restriction or limitation as to their use. Page 3 of 8 Printed on 7/3/2019 6:54:36 PM BLR 05610 (Rev. 05/31/19) 63 of 106 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LPA and the STATE before final acceptance. 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 none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without 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. 5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LPA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the STATE, and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. 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 the 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 refined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free V.-rkplace 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 ear-h 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 c!rug abuse assistance or rehabilitation program by, 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. Page 4 of 8 Printed on 7/3/2019 6:54:36 PM BLR 05610 (Rev. 05/31/19) 64 of 106 10. 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 COT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 11, 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. Prime Consultant: Stanley Consultants I Sub-Consutants: Mathewson Riqht of Way Company I Executed by the LPA: ATTEST: By: Clerk (SEAL) Executed by the ENGINEER: ATTEST., -,, Title: Page 5 of 8 Printed on 7/3/2019 6:54:36 PM Agreement Summary TIN Number AgreementAmount i 42-1320758 $37.200.00 1 I TIN Number AgreementAmount j $30,000.00 Sub -Consultant Total: l i $30,000.00 Prime Consultant Total: $37,200.00 I Total for all Work: $67,200.00 I City of Evanston (Muniripalityrrownship/County) By: Title: Stanley Consultants i' Title: BLR 05610 (Rev. 05/31/19) 65 of 106 Exhibit A - Preliminary Engineering Route: Central Street Local Agency: City of Evanston (Municipality/Township/County) Section: 16-00278-00-B R Project: 472W (630) Job No.: D-91-301-16 Method of Compensation: Cost Plus Fixed Fee 1 ® 14.5%[DL + R(DL) + OH(DL) + IHDC] Cost Plus Fixed Fee 2 ❑ 14.5%[DL + R(DL) + 1.4(DL) + IHDC] Cost Plus Fixed Fee 3 ❑ 14.5%[(2.3 + R)DL + IHDC] Specific Rate ❑ Lump Sum ❑ Element of Work SEE ATTACHED Totals Page 6 of 8 Printed on 7/3/2019 6:54:36 PM Cost Estimate of Consultant's Services in Dollars *Firm's approved rates on file with (DOT'S Bureau of Accounting and Auditing: Overhead Rate (OH) 1.60 % Complexity Factor (R) 0.00 Calendar Days 270 In -House Employee Man- Payroll Payroll Overhead* Services by Direct Classification Hours Rate Costs (DL) Others Costs (IHDC) I 1 I I I 1 I I I I 0.00 Profit Total BLR 05610 (Rev. 05/31/19) 66 of 106 Exhibit B Illinois Department of Transportation Prime Consultant Name Stanley Consultants Address 8501 W Higgins Rd, Ste 730 Telephone 773-693-9624 TIN Number 42-1320158 Project Information Local Agency City of Evanston Section Number 16-00278-00-BR Project Number 472W(630) Job Number D-91-301-16 Engineering Payment Report (Submit with Final Invoice ) This form is to verify the amount paid to the Sub -consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub -consultant for the amount listed below. Sub -Consultant Name TIN Number Actual Payment from Prime Mathewson Right of Way Company Sub -Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. For information about IDOTs collection and use of confidential information review the department's Identitv Protection Policv. Page 7 of 8 BLR 05610 (Rev. 05/31/19) Printed on 7/3/2019 6:54:36 PM 67 of 106 Exhibit C Federal Qualification Based Selection (QBS) Checklist Local Public Agency Citv of Evanston Section Number 16-00278-00-BR Project Number 472W(630) Job Number D-91-301-16 The LPA must complete Exhibit C, if federal funds are used for this engineering agreement and the value will exceed $40,000. The LPA must follow federal small purchase procedures, if federal funds are used and the engineering agreement has a value less than $40,000. ❑ Form Not Applicable (engineering services less than $40,000) 1. Do the written QBS policies and procedures discuss the initial administration (procurement, management, and administration) concerning engineering and design related consultant services? ® Yes ❑ No 2. Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and specifically Section 5-5.06(e) of the BLRS Manual? ® Yes ❑ No If no, IDOT's approval date: 3. Was the scope of services for this project clearly defined? ® Yes ❑ No 4. Was public notice given for this project? ® Yes ❑ No DUe date of submittal: 01/26/2016 Method(s) used for advertisement and dates of advertisement: Or Phase I Engineerina E-mail/ Citv Website/ Demandstar.com 12/17/2015 5. Do the written QBS policies and procedures cover conflicts of interest? ® Yes ❑ No 6. Do the written QBS policies and procedures use covered methods of verification for suspension and debarment? ® Yes ❑ No 7. Do the written QBS policies and procedures discuss the method of evaluation? ® Yes ❑ No Criteria for this project Weighting Criteria for this project Weighting Qualification 30 % % Approach 45 % % M/W/EBE 15 % % Willinqness to Execute Agreement 10 % % 8. Do the written QBS policies and procedures discuss the method ,)f selection? ® Yes ❑ No Selection committee (titles) for this project: D. Stone back (PWA-Dir , L Biaas(City En ineer S Naaar(SPM). R Dahal(SPM). D Manis (SPM), L Thomas Worchasinq) Top three consultants selected for this project in order: 1) Sl;mlev Consultants 2) Ciorba Group 3) Exp Services If less than 3 responses were received, IDOT's approval date: 9. Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ® Yes ❑ No 10. Were negotiations for this project performed in accordance with federal requirements? ® Yes ❑ No 11. Were acceptable costs for this project verified? ❑ Yes ❑ No ❑ LPA will rely on IDOT review and approval of costs. 12. Do the written QBS policies and procedures cover review and api)roving for payment, before forwarding the request for reimbursement to IDOT for further review and approval'' ; Yes ❑ No 13. Do the written QBS policies and procedures cover ongoing and ' nalizing administration of the project (monitoring, evaluation, closing -out a contract, record retention, resporsibilit,,,, remedies to violations or breaches to a contract, and resolution of disputes)? ® Yes ❑ No Page 8 of 8 BLR 05610 (Rev. 05/31/19) Printed on 7/3/2019 6:54:36 PM 68 of 106 CITY OF EVANSTON CHANGE ORDER Order No. 001 Date: 07/08/2019 Agreement Date: PROJECT: Central Street Bridqe Phase 11 Engineerinq_(Bid 15-60) OWNER: City of Evanston CONSULTANT: Stanley Consultants Inc. ...................... The following changes are hereby made to the AGREEMENT: Scope of Phase II Engineering Design has to be modified for MWRD right-of-way purchase using Federal Funds for the proposed Central Street Bridge Reconstruction Project, revise Plans, Specifications & Cost Estimate including necessary coordination with IDOT, MWRD and FHWA. Change to CONTRACT PRICE: $67,200 Original CONTRACT PRICE: Current CONTRACT PRICE adjusted by previous CHANGE ORDERS Total change in CONTRACT PRICE for this CHANGE ORDER The CONTRACT PRICE including this CHANGE ORDER will be Original Date for Contract Completion Time Extension (in calendar days) Modified Date for Contract Completion Approved by (Owner): City of Evanston Accepted by (Contractor): C Stanley Consultants, Inc. J $_ 519,512.00 ............... ..._........ .... $ n/a $ 67,200.00 $ 586, 712.00 nia 0.7/09/2019 Date -7/ Date 69 of 106 Project: Central Street Phase II Supplement Limits: Bryant Avenue to west of the CTA Purple Line County: Cook Client: City of Evanston Section: 16-00278-00-BR Supplemental Phase II Scope of Services Introduction The Final Plans, Specifications & Estimates (PS&E), for the Central Street Bridge Replacement project were submitted to the Illinois Department of Transportation (Department) on June 19, 2019. However, based on the significant increase in the estimated cost of the ROW, the City has requested federal funding participation for Land Acquisition. Having been advised that the agreement process could take over five (5) months, the City of Evanston (City) has requested a revised construction letting of July 2020 for this project. Supplemental Phase II (design) engineering services will be provided to update the Final Plans, Specifications & Estimates (PS&E) for the July 2020 construction letting. In addition, due to the delay in processing the agreement for federal funding, the current Appraisal and Review Appraisal will no longer be valid and must be redone. We propose the following scope of services: I. Update Contract Documents A. Plan Update 1. Civil Plan and General Notes The Civil Plans and General Notes will be updated based on the actual construction letting date and will reference the latest specifications, special provisions and standard details. 2. Structural Plans The Structural Plans will be updated based on the latest specifications, structural special provisions and structure details. B. Permit Updates We will follow-up with the reviewing agencies regarding the permits associated with this project: • MWRD Construction Permit. • NPDES permit. • Joint application for IDNR/IEPA/USACCE. • IEPA permit C. Cost Estimate Construction Estimate of Cost will be updated using form BLR 11510 utilizing current bid tabs of projects of similar size. D. Specifications Specifications including Local Roads and Streets and BDE Special Provisions will be updated based on the standard specifications and special provisions at the time of letting. 70 b'If9B Project: Central Street Phase II Supplement Limits: Bryant Avenue to west of the CTA Purple Line County: Cook Client: City of Evanston Section: 16-00278-00-BR Supplemental Phase II Scope of Services II. ROW Acquisition and Negotiation Due to the delay in processing the agreement for federal funding, the current Appraisal and Review Appraisal will no longer be valid and must be redone. A. Right -of -Way Appraisal Preparation B. Review Appraisal Preparation C. Acquisition Negotiations D. ROW Coordination meetings III. Bridge Inspections 1. Special 12-Month Bridge Inspection Based on the results of the last NBIS inspection of the Central Street Bridge, the Department has advised the City that this structure may require a special 12-month bridge inspection. 2. Pre -Construction NBIS Bridge Inspection Since the next Bi-annual NBIS Inspection of the Central Street Bridge is due in December 2020, the Department has advised us that it would be best to perform the NBIS inspection before the July 2020 construction letting prior to the contractor taking maintenance responsibility. IV. Project Management & QA/QC The task will include managing the project budget and schedule and preparing invoices. The CONSULTANT will submit an invoice once a month. 71 br1fffi PAYROLL ESCALATION TABLE FIXED RAISES FIRM NAME Stanley Consultants PRIME/SUPPLEMENT Prime Prepared By P Schneider CONTRACTTERM 8 MONTHS START DATE 121112019 RAISE DATE 411/2020 END DATE 7/31/2020 ESCALATION PER YEAR year First date Last date 0 12/1/2019 4/1/2020 1 4/2/2020 8/l/2020 The total escalation = Printed 7/3/2019 5:11 PM Bureau of Design and Environment Prepared By: Consultant DATE 07/03/19 PTB- ITEM# Central Street Phase II Supplement OVERHEAD RATE 160."% COMPLEXITY FACTOR 0 % OF RAISE 2% Months % of Contract 4 50.00% 4 51.00% 1.00% Page 1 of 5 BDE 3608 Template (Rev. 10/19/17) 72 of 106 PAYROLL RATES FIRM NAME Stanley Consultants DATE PRIME/SUPPLEMENT Prime PTB-ITEM # Central Street Phase 11 Supplement ESCALATION FACTOR 1.00% Note: Rates should be capped on the AVG 1 tab as necessary IDOT CLASSIFICATION PAYROLL RATES ON FILE Client Service Manager $75.00 Department Manager $75.00 Principal Engineer $65.24 Senior Engineer $59.19 Principal Environmental En(, $75.00 Engineer $38.80 Engineer in Training II $33.37 Engineer in Training 1 $29.50 Sr Resident Project Rep $62.56 Resident Project Rep $44.83 Sr Construction Inspection $40.98 ECM Consultant $56.06 Designer $46.12 Senior Technician $35.87 Sr Admin Assistant $27.93 Admin Assisstant $25.77 CALCULATED RATE $75.75 $75.75 $65.89 $59.78 $75.75 $39.19 $33.70 $29.80 $63.19 $45.28 $41.39 $56.62 $46.58 $36.23 $28.21 $26.03 Bureau of Design and Environment Prepared By: Consultant 07/03/19 Printed 7/3/2019 5:11 PM Page 2 of 5 BDE 3608 Template (Rev. 10/19/17) 73 of 106 FIRM PT13-ITEM # PRIME/SUPPLEMENT DBE DROP ITEM BOX Update Contract Documen ROW Acquisition Bridge Inspections Project Management I I I I I i I I I I I I I Subconsultant DL TOTALS COST PLUS FIXED FEE COST ESTIMATE OF CONSULTANT SERVICES Stanley Consultants Central Street Phase II Supplement OVERHEAD RATE 160.44% Prime COMPLEXITY FACTOR 0 MANHOURS PAYROLL (A) (B) 1 132 5,192 24 1,691 80 3,996 22 I I I I I 1,559 -I -I -I -I -I 258j -I -I -I -I I 12,4381 32,392 OVERHEAD & DIRECT FRINGE BENF COSTS ( C ) (D) 8,330 500 2,713 6,410 204 2,501 -I -I -I -I -I I. -I SERVICES FIXED BY FEE OTHERS (E) (G) 1,713 558 30,000 1,319 514 .............................. L........... 1 -I - -I - -I - -I - -I - -I - -I - -I 01 j 19,954 + 704 + 4,104 1 30,000 I Bureau of Design and Environment Prepared By: Consultant DATE 07/03/19 % OF TOTAL GRAND TOTAL (B-G) 15,735 23.42% 34,962 52.03% 11,929 17.75% 4,574 -I -I -I -I -I -I 6.81 % -I -I -I -I -I -I -I -I -I -I 67,200 1 100.00% DBE 0.00% Printed 7/3/2019 5:11 PM Page 4 of 5 BDE 3608 Template (Rev. 10/19/17) 74 of 106 Bureau of Design and Environment Prepared By: Consultant AVERAGE HOURLY PROJECT RATES FIRM Stanley Consultants PTB-ITEM# Central Street Phase II Supplement DATE owowiq PRIME/SUPPLEMENT Prime SHEET 1 OF 5 PAYROLL AVG TOTAL PROJ. RATES Update Contract DocumeAROW Acquisition Bridge Inspections Project Management HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Client Service Manager 75.00 0.0 Department Manager 75.00 32.0 12.40% 9.30 4 3.03% 2.27 12 50.00% 37.50 4 5.00% 3.75 12 54.55% 40.91 Principal Engineer 65.89 30.0 11.63% 7.66 8 6.06% 3.99 12 50.00% 32.95 10 45.45% 29.95 Senior Engineer 59.78 40.0 15.50% 9.27 40 50.00% 29.89 Principal Environmental En( 75.75 0.0 Engineer 39.19 40.0 15.50% 6.08 40"' 30.30% 11.88 Engineer in Training II 33.70 40.0 15.50% 5.23 40 30.30% 10.21 Engineer in Training 1 29.80 0.0 Sr Resident Project Rep 63.19 0.0 1Resident Project Rep 1 45.28 0.0 1 I I I 1 1Sr Construction Inspection 1 41.39 0.0 I I I I I I I I I I IECM Consultant 1 56.62 0.0 I I I I I I I I I I I I 1Designer 1 46.58 1 0.0 1SeniorTechnician 1 36.23 76.0 1 29.46% 1 10.67 40 1 30.30% 1 10.98 1 I 36 1 45.00%1 16.30 1SrAdminAssistant i 28.21 0.0 ladriin AssIsstant 26.03 0.0 1 I I 0.0 I 0.0 -- - - 1- - - -0.0 0.0 1 0.0 I I I I 0.0 I I I I 0.0 I I 0.0 I I I I i I 0.0 I I 0.0 I I I I I I TOTALS I 258.0 100% $48.21 132.0 100.00% $39.33 24.0 I 100% $70.45 80.0 I 100% I $49.94 22.0 + 100% I $70.86 0.0 0% $0.00 Printed 7/3/2019 5:11 PM / 5Q6 o10 V BDE 3608 Template (Rev. 10/19/17) Nnois nsploetapartmes,t of Twaortion .,la_ .. .. COMPANY NAME: Stanley Consultants PTB NUMBER: Central Street TODAY'S DATE: 7/3/2019 Per Diem (per GOVERNOR'S TRAVEL CONTROL BOARD) Up tc state rate maximum Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Actual cost (Up to state rate maximum) Lodging Taxes and Fees !Actual cost (per GOVERNOR'S TRAVEL CONTROL BOARD) Air Fare Coach rate, actual cost, requires minimum two weeks' -tice, with prior IDOT approval Vehicle Mileage (per GOVERNOR'S TRAVEL i. Up to state rate maximum CONTROL BOARD) Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day Vehicle Rental Actual cost (Up to $55/day) Tolls Actual cost Parking ;Actual cost Overtime Premium portion (Submit supporting dnr"umontation) Shift Differential Actual cost (Based on firm's policy) Overnight Delivery/Postage/Courier Service Actual cost (Submit supporting documentation) Copies of Deliverables/Mylars (In-house) Actual cost (Submit supporting documentation) Copies of Deliverables/Mylars (Outside) Actual cost (Submit supporting documentation) Project Specific Insurance ;Actual cost Monuments (Permanent) Actual cost Photo Processing !Actual cost 2-Way Radio (Survey or Phase III Only) Actual cost Telephone Usage (Traffic System Monitoring Only) {Actual cost CADD Web Site Advertisements Public Meeting Facility Rental Public Meeting Exhibits/Renderings & Equipment Recording Fees Transcriptions (specific to project) Courthouse Fees Storm Sewer Cleaning and Televising Traffic Control and Protection Aerial Photography and Mapping Utility Exploratory Trenching Testing of Soil Samples' Lab Services" Equipment and/or Specialized Equipment Rental' Infrared Thermographic Survey UB-50 Snooper Boom Truck (Elliot) Lift truck Railroad Flagger Railroad Insurance Railroad Entry Permit ,Actual cost (Max $15/hour) Actual cost (Submit supporting documentation) Actual cost (Submit supporting docume:,?a3inn) :Actual cost (Submit supporting documentation) Actual cost (Submit supporting documcntrwon) Actual cost Actual cost ,Actual cost Actual cost (Requires 2-3 quotes with IDOT approval) _Actual cost (Requires 2-3 quotes with IDOT anproval) ,Actual cost (Requires 2-3 quotes with IDOT approval) !Actual cost (Requires 2-3 quotes with IDOT approval) Actual cost Actual cost (Provide breakdown of each cnM) Actual cost (Requires 2-3 quotes with 10r) 3 anproval) Actual Cost Actual Cost ,Actual Cost Actual Cost Actual Cost Actual Cost !Actual Cost !'16TAL D ECT COST _. 'If other allowable costs are needed and not listed, please add in the above spaces provided. LEGEND W.O. = Work Order J.S. = Job Specific Direct Costs Check Sheet $0.00 $0.00 $o.00l $0.00 $0.00 $0.00 $0,00; $0.00, 218 1 $0.545 $118.81 $0.00 $0.00 $0.00 $0.00 _ $0.00 $0.00 $0.00: $0.00 $0,00t $0,00 $0.00' $0.00 $0.00 $0.00 4,500 $0.13 $585.00 $0.001 $0.00, $0.00 $0.00 $0.00 $0,00. - $0.00 $0.00 .. $0.001 $0.00 $0.00::$0.00 $a.00i $0.00 $0.00 _... $0.00 $0,00 $0.00; $0.00 $0.00: - $0.00 I $0.00:. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. $0.00 $0.1 $0.00 ., $0.001 $0.00 t $0.00 $0.00 $0.00 $0.00 $0.00: $0.00 $0.001 .. $0.00, $0.00:^ $0.00 $0.001 $0.00 $0.0022 $0.00 .. $6,001 $0.00, $0.00 $0.00 $0,00;1 _W $0,00 $0.003 $0.00 $0.00 $0.00 PRINTED 7/3/2019 76 of 106 BDE 436 (Rev. 02/02/17)