HomeMy WebLinkAboutRESOLUTIONS-1994-018-R-942-22-94
18-R-94
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
is 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
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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 in 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.
Mayor
TTE T•
City Clerk
Adopted: , 1994
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AMENDMENT NO. 3
TO AN AGREEMENT BETWEEN
THE STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
DIVISION OF PUBLIC TRANSPORTATION
AND
THE CITY OF EVAN STON
(Contract No. 1269 )
This Amendment Number 3 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 expiration date of the grant. In consideration of
the mutual covenants contained herein and in such Agreement as hereby
amended, the Parties agree as follows:
1. To amend "ITEM 3 - ILLINOIS GRANT FUNDS RECOVERY ACT" by
deleting the second sentence and by inserting in lieu thereof
the following:
This grant is valid until December 31, 1994, and grant funds
are available to grantee and may be expended by grantee until
said date unless the Department, at its discretion, grants an
extension of time.
2. To amend "ITEM 4 - DOCUMENTS FORMING THIS AGREEMENT" by
deleting the second sentence and by inserting in lieu thereof
the following:
The Parties hereto further agree that this Agreement consists
of Part I; of Part II entitled "Mass Transportation Capital
Grant Agreement General Terms and Conditions" dated December
1 , 1993; EXHIBIT "A", entitled "Grantee's Application";
EXHIBIT "B", entitled "Approved Project Budget"; EXHIBIT "C",
entitled "Equal Employment Opportunity Clause"; EXHIBIT "D",
entitled "Standard Federal Equal Employment Opportunity
Construction Contract Specifications", and EXHIBIT "E",
entitled "Labor Provisions", all of which'are attached
hereto, (except for EXHIBIT "A", which is on file at the
offices of the Department); made a part hereof and by
reference, and specifically incorporated herein.
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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 3 to
be made effective and executed this day of ,
1994, by their duly authorized officials.
CITY OF EVANSTON
By
Title
Attest
Accepted on behalf of the State of Illinois
Department of Transportation
secretary
465lx
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Project No. IL-23-9028/CAP-86-293-IST
Contract No. 1269
Certificate of Grantee's Attorney
I, , acting as Attorney for
the city of Evanston, do hereby certify that I have examined this
Agreement and the proceedings taken by the City of Evanston
relating thereto, and that the execution of the Agreement by the
City of Evanston has been duly authorized by the City of
Evanston's action dated (a copy of which
is attached) and that the execution of this Agreement is in all
respects due and proper and in accordance with applicable State
and local law and further that, in my opinion, said Agreement
constitutes a legal and binding obligation of the City of Evanston
in accordance with the terms thereof. I further certify that to
the best of nW knowledge there is no legislation or litigation
pending or threatened which might affect the performance of the
Project in accordance with the terms of this Agreement.
Dated this day of , 1994.
4651x
Signature
ime
CITY OF EVANSTON
STATE OF ILLINOIS
DRUG -FREE WORKPLACE ACT CERTIFICATION
This certification is required by the Drug Free Workplace Act (30 ILCS
580/1). 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;
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Drug Free Certification
p. 2of2
(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 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 UNDERSIGNED AFFIRMS, UNDER PENALITIES OF PERJURY, THAT HE OR SHE IS
AUTHORIZED TO EXECUTE THIS CERTIFICATION OF BEHALF OF THE DESIGNATED
ORGANIZATION.
Printed name of organization
Signature of authorized representative
Printed name and title
1260x
931119
Grant ID or contract number
Date
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
, 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 o.n
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
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 representation of fact upon which reliance
is placed when this transaction 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
4651x
, 19
(signature of authorized official )
(title)
I
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.).
4651x
DTIllinois Department of Transportation
Division of Public Transportation
310 South Michigan Avenue / 16th. Floor
�9Chicago, Illinois / 60604 Exhibit B:
APPROVED PROJECT BUDGET
State grant: CAP-86-293-IST EVAN
Grantee: City of Evanston
Contract: 1269
Budget: 8
Scope: Station improvements at the Davis Street CTA station
Purple/Evanston line in Evanston. Replacement CTA station
including station house, platforms,elevator towers, Benson Ave.
canopy, taxi stand and circular drop-off N. of Davis, W. of CTA
station. Grant funded costs include a general construction
contract and a portion of CTA force work. Construction mgmt.
and balance of CTA force work funded by Evanston. Design
engineering and land acquisitin in IL-23-9022 / CAP-86-293-IST.
Budget effective:
K 4651 Evanston trans.ctr., EV
15.08.02 force acct. engineering
15.11.10 construction
15.15.00 force work
32.00.00 contingencies
Expiration: 12/31/94
TOTAL FOR GRANT
Shares, per contract:
7,118,750 federal
1,256,250 IDO T-Bon d
0 Grantee
8,375,000 NET PROJECT COST
Budget 8
30,000 B 015
8,345,000 B 015
0 B 015
0 B 015
8,375,000
8,375,000
Share subtotals, from above:
7,118, 750
1,256,250
0
8,375,000
is
There are no budget changes. However, the STATE GRANT EXPIRATION DATE has
been changed to 12-31-94.
B=IDOT regular bond; K=IDOT OGL Bond; G=IDOT GRF; H=IDOT Road Fund; L=Grantee.
ABR System, BISTOGLini/pl/ XGIO, 02/01/94 at 15:03:38. By: IMAM.
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