HomeMy WebLinkAboutRESOLUTIONS-1993-010-R-931-5-93
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10-R-93
A RESOLUTION
Amending the Transportation Center
IDOT Agreement
WHEREAS, the City of Evanston is undertaking a mass
transportation capital project (hereinafter referred to as the
Evanston Transportation Center Project); and
WHEREAS, the City of Evanston has made application to
the Illinois Department of Transportation (IDOT) for financial
assistance for the Evanston Transportation Center project in
accordance with the provisions of the Illinois Revised Statutes
(1987), Paragraph 127, Section 49.19 (hereinafter referred to as
"Acts") and the procedural guide entitled "Mass Transportation
• Capital Improvement Grants - Information for Applicants"; and
WHEREAS, the City of Evanston's final application for
State financial assistance has been approved by the Illinois
Department of Transportation as Project Number CAP-86-293-IST;
and
WHEREAS, the Illinois Department of Transportation has
made application on behalf of the City of Evanston and other
communities to the United States of America for Federal financial
assistance for the Evanston Transportation Center Project and
similar commuter improvement projects; and
WHEREAS, the City of Evanston's application for
Federal financial assistance has been approved by the Urban Mass
10-R-93
Transportation Administration (UMTA) as Project Number IL- 23- .
9028; and
WHEREAS, as a result of discussions and negotiations
between IDOT and the City of Evanston, certain amendments are
necessary to the agreement between the City and IDOT for the
construction of the Evanston Transportation Center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager of the City of
Evanston, is hereby authorized and directed
to enter into an agreement with IDOT setting forth amendments to
the construction agreement for the Evanston Transportation
Center. This agreement shall be substantial conformity to the
provisions as set forth in Exhibit A attached hereto and
incorporated herein by reference. The City Manager is further •
authorized to negotiate such additional terms consistent with
Exhibit A and in the best interest of the City.
SECTION 2: This Resolution shall be in full force
and effect from and after the date of
its passage and approval in the manner provided by law.
U Mayor
ATTEST:
City lerk
Adopted: // , 1993
2
STATE OF ILLINOIS
DRUG -FREE WORKPLACE ACT CERTIFICATION
This certification is required by the Drug Free Workplace Act (Ill. Rev.
Stat., ch. 127, par. 152.311). The Drug Free Workplace Act, effective January
1, 1992, requires that no grantee or contractor shall receive a grant or be
considered for the purposes of being awarded a contract for the procurement of
any property or services from the State unless that grantee or contractor has
certified to the State that the 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 the contract or grant, and debarment of contracting
or grant opportunities with the State for at least one (1) year but not 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.
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 violation 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;
0
Project No. IL-23-9028
Contract No. 1269
Certificate of Grantee's Attornev
I, , acting as Attorney for
the City of Evanston, do hereby certify that I have examined
this Amendment and the proceedings taken by the City of
Evanston relating thereto, and that the execution of the
Amendment No. 2 by the City of Evanston has been duly
authorized by the City of Evanston action
dated (a copy of which is attached)
and that the execution of this Amendment is in all respects due
and proper and in accordance with applicable State and local
law and further that, in my opinion, said Amendment constitutes
a legal and binding obligation of the City of Evanston in
accordance with the terms thereof.
Dated this day of , 1992.
Signature
-.C:..Title
CITY OF EVANSTON
465lx ,
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•
•
9
Illinois Department of Transportation
Division of Public Transportation
310 South Michigan Avenue - 16th. Floor
Chicago, Illinois 60604
12/21/92 Exhibit B:
APPROVED PROJECT BUDGET
State grant: CAP-86-293-IST EVAN
Grantee: City of Evanston
Contract: 1269
Amendment: 02 (if applicable)
Budget: 4
SCOPE: Transportation center at the Davis Street CTA station in
Evanston, Illinois.
Grant funded costs include a general construction contract and a
portion of CTA force account design work.
Budget effective:
Budget 3 Change Budget 4
K 4651 Evanston trans.ctr., EV
15.08.01 force acct. engineering 30,000
15.11.10 construction 7,802,303
32.00.00 contingencies 167,697
i Expiration: 03/31/94 Er, 000,000
TOTALS FOR GRANT > 8,000,000
Shares, per contract:
7,1181750
Federal
1, 256, 2,50
IDOT-Bond
0
Gran tee
8,375,000 NET
PROJECT COST
0 30,000 B 015
375,000 8,177,303 B 015
0 167,697 B 015
375,000 8,375,000
375,000 8,375,000
Subtotals from above:
6,800,000 J18, 750 7,118, 750
1, 200, 000 56,250 1,256,250
0 0 0
8,000,000 375,000 8,375,000
Due to rounding, "subtotals from above" may differ from "shares by contract"
by $1 or $2.
ABR System, I0/f9slpl 12/21/92 at 14:52:39. Prepared by: SSI
SPECIAL NOTICE FOR LIMITATION ON USE OF
GRANT OR CONTRACT FUNDS FOR LOBBYING
Lobbying restrictions were established by Section 319 of Public
' Law 101-121 (Department of the Interior and Related Agencies
Appropriation Act for Fiscal Year 1990).
The law prohibits Federal Funds from being expended by the
recipient or any lower tier subrecipients of a Federal
contract,•grant, loan, or cooperative agreement to pay any
person for influencing or attempting to influence a Federal
agency or congress in connection with the awarding of any
Federal grant or loan, or entering into of any cooperative
agreement. The extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan, or
cooperative agreement is also covered.
Suburban Interstate Transfer contractors, and consultants, as
well as lower tier subcontractors and subconsultants are also
subject to the lobbying prohibition. To assure compliance, a
certification provision (copy attached) shall be included in
all Suburban Interstate Transfer construction solicitations and
contracts, and consultant agreements exceeding $100,000 in
Federal funds. Implementation of this requirement shall begin
with professional services and engineering, and consultant
agreement approvals as soon as practical after receipt of this
memorandum.
State agency certifications will be kept in the FTA Regional
Offices. Lower tier certifications should be maintained by the
next tier above. (i.e. prime contractors will keep the •
subcontractor's certification on file, etc.).
465lx i
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6 ' " Drug Free Certification p. 2 of 2
•
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(3) Any available drug counseling, rehabilitation, and employee
assistance programs; 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 so convicted, as required by Section 5 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 UNDERSIGNED AFFIRMS, UNDER PENALITIES OF PERJURY, THAT HE OR SHE IS
AUTHORIZED TO EXECUTE THIS CERTIFICATION OF BEHALF OF THE DESIGNATED
ORGANIZATION.
CITY OF EVANSTON
Printed name of organization
Signature of authorized representative
Printed name and title
465lx
Contract #1269
Grant ID or contract number
Date
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
I hereby certify on
(name & title of grantee official)
behalf of
(name of grantee)
that:
(1) No Federal appropriated funds have been paid or will be paid by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal Grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with this Federal Contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclose •
accordingly.
This certification is a material represenvz;ttion of fact upon which reliance
is placed when this traansaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such
failure.
Executed this day of
By
465lx
, 19,
(signature of authorized official)
(title)
0
9212186
AMENDMENT NO. 2
TO AN AGREEMENT BETWEEN
THE STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION -
DIVISION OF PUBLIC TRANSPORTATION
THE CITY OF EVANSTON
(Contract No. 1269)
This Amendment Number 2 to an Agreement dated June 7, 1989 between the State
of Illinois, Department of Transportation and the City of Evanston is hereby
made and entered into by the parties thereto in order to adjust the Net
Project Cost and related calculations in accordance with construction which
has been approved by the Department. In consideration of the mutual covenants
contained herein and in such Agreement as hereby amended, the Parties agree as
follows: '
1. To amend "ITEM 2 - AMOUNT OF GRANT" by deleting in the first
paragraph the amounts "$8,000,000", "$6,800,000", and "$1,200,000" and
inserting in lieu thereof the amounts "$8,375,000", "$7,118,750", and
"$1,256,250", respectively.
2. To revise the existing Agreement dated June 7, 1989 to include the
current standard terms and conditions by replacing the attachment "Part
II: Commuter Parking Mass Transportation Capital Grant
Agreement --General Terms and Conditions" with "Mass Transportation
Capital Grant Agreement, Part II: General Terms and Conditions,
December 17, 1992".
•
9212186
CAP-86-293-IST, Contract #1269, Amendment #2
p. 2: of 2#
The parties hereto agree that the Agreement dated June 7, 1989, as amended
between the Parties is in all other respects ratified and reaffirmed and that
it continues in full force and effect as hereby amended.
IN WITNESS WHEREOF, the Parties have caused this Amendment Number 2 to be made
effective and executed this day of 199_, by
their duly authorized officials.
CITY OF EVANSTON
By
Title
Attest
Accepted on behalf of the State of Illinois
Department of Transportation
Secretary ''c--
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f"TOIN TRANSPORTATION CENTER
OS—Jan-93
EXPENDITURES
CURRENT
EXPENSE ITEM
BUDGET
TO DATE
BALANCE
Design and Land Acquisition
Engineering Design Services
$449,867
$449,867
SO
CTA Design Services
30,000
30,000
0
Legal, Appraisal & Other
11,818
11 A18
0
Land Acquisition
1,000,400
1,000,400
0
Sub —Total
$1,492,085
$1,492,085
$0
Construction Costs
Construction Contract
$7,802AW
2,387,364
$5,414,.9W
Authortzations 1 to 4
425,758
0
425,758
Construction Contingency
339,329
25
339,304
CTA Construction Services
200,000
7,716
192,284
Engineering Services
829,239
293,145
536,094
Misc. Testing Services
50,000
0
50,000
Project Contingency
91,286
37,269
54,017
Sub —Total
•
$9,737,915
$2,725,518
$7,012,397
PROJECT COSTa�
$11,260.000
$4,217,80S
$7,012,597
4
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EVANSTON TRANSPORTATION CENTER
PROJECT BUDGET
05—Jan-93
(CAI 23R23kDATAkTRANS\BUDGET.WKI)
UMTA/IDOT
UMTAJIDOT *
COMMUNITY
UMTArIDOT.
GRANT # 2A *
GRANT * 2B
DEVELOPMENT
TIF
TOTAL
GRANT * 1
(REVISED)
(REVISED)
BLOCK GRANT
FUNDS
EXPENDITURE
EXPENSE ITEM
BUDGET
($916075)
($30.000)
($8,345,000)
($200,000)
($1,738,025)
($11,230,000)
Design and Land AcqulsMon
Englnesting Design Services
$449,8t37
449X7
$449A67
CTA Design Services
30,000
30,000
0
$30,000
Legal, Appraisal & Other
11,818
11,818
$11,818
LandAcqulsltlon
1,000,400
455,290
200,000
345,110
$1,000.400.
Sub—Toftl
$1.492.085
$916,975
i30,000
i0
$200,000
$345,110
$1.492,M
Constuctlon Corte
Construction Contract
$7,802AW
7,802AW
$7,802AW
Aulhortmdons 1 to 4
425,758
375,000
50,758
$425,758
Construction Contingency
339A29
167,697
171,632
$339,329
CTA Constuctlon Services
200,000
-
200,000
S200r000
Engineering Services
829,239
829,239
$829,239
Mlsc. Testing SwAces
50,000
50,000
$50•W
Project Cordngency
91,286
91,286
$91.2M.
Sub —Total
$9,737,915
$0
$8,345,000
$0
$1,392,915
$9,737,915
PROJECT COST
$11,230.000
$916.97
$30.000
$8.345.000
$200.000
i1.738.025
$11.230,000
* PART OF $8,375.000 GRANT