HomeMy WebLinkAboutRESOLUTIONS-2010-030-R-10.7
5/3/2010
30-R-10
A RESOLUTION
Authorizing the City Manager to Sign the Local Agency Agreement
with the Illinois Department of Transportation and the
Preliminary Engineering Services Agreement with
Parsons Brinckerhoff for Federal Participation in the
CTA Yellow Line Station Engineering Feasibility Study
WHEREAS, the City of Evanston and the Illinois Department of
Transportation (hereinafter "IDOT"), in the interest to promote safe and efficient transit
facilities, are desirous of undertaking an engineering feasibility study of the CTA
Yellow Line (see map, attached hereto as Exhibit A and made a part hereof), said
study to be identified as State Section: 09-00254-00-MS, State Job: P-91-278-10, and
• Project Number: CMM-9003(538) and hereinafter referred to as the "Project"; and
WHEREAS, the parties hereto are desirous of the Project in that it will be
of immediate benefit to the residents of the area and will be permanent in nature; and
WHEREAS, the State of Illinois and the City of Evanston wish to avail
themselves of Federal funds committed to improve the Project; and
WHEREAS, the City would like to enter into an Agreement with
consultants Parsons Brinckerhoff to provide preliminary engineering feasibility study
services; and
WHEREAS, the City Council of the City of Evanston has determined it is
in the best interests of the City to enter into said Agreements,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
• THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
30-R-10
SECTION 1: That the City Manager is hereby authorized to sign and the •
City Clerk hereby authorized to attest to the Local Agency Agreement made with the
Illinois Department of Transportation, attached hereto as Exhibit B and made a part
hereof, and the Preliminary Engineering Services with Parsons Brinckerhoff, attached
hereto as Exhibit C and made a part hereof.
SECTION 2: That the City Manager is hereby authorized and directed to
negotiate any additional conditions of the Agreements as may be determined to be in
the best interests of the City.
SECTION 3: That this Resolution 30-R-10 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
Eliza eth B. Tisdahl, Mayor •
Attest:
Rodney Greene, City Clerk
Adopted: �io�e,P o (� , 2010
•
-2-
30-R-10
is EXHIBIT A
•
•
Project Location Map
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•
Location Map
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30-R-10
• EXHIBIT B
•
•
Local Agency Agreement for Federal Participation
MC
Local Agency
State Contract
Day Labor Local Contract
RR Force Apcount
�j Illinois Department
'
of Transportation
City of Evanston
X
Local Agency Agreement
Section
Fund Type
ITEP Number
for Federal Participation
09-00254-00-MS
STA
Construction
Enqineerina
Right -of -Way
Job Number
Project Number Job Number
Project Number
Job Number
Project Number
P-91-278-10
I CMM-9003(538)
This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting
by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the
designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the
STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as "FHWA'.
Location
Local Name CTA Yellow Line Route Off -system Length 0.8 MI
Termini Ridge Avenue to Dodge Avenue
Current Jurisdiction LA Existing Structure No N/A
Project Description
The "Yellow Line Station Engineering Feasibility Study" is designed to examine the potential for a new intermediate station on the CTA
Yellow Line in the 0.8-mile section of the line between Ridge and Dodge Avenues in Evanston.
Type of Work
Participating Construction
Non -Participating Construction
Preliminary Engineering
Construction Engineering
Right of Way
Railroads
Utilities
Materials
TOTAL
FHWA
220,000
Division of Cost
% STATE %
(
LA
55,000
$ 220,000 $ $ 55,000
*Maximum FHWA (STA) participation 80% not to exceed $220,000
BAL )
$
Total •
275,000
275,000
NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA 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 reimbursment.
If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above.
The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost.
Local Agency Appropriation
By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and
additional funds will be appropriated, if required, to cover the LA's total cost.
Method of Financing (State Contract Work)
METHOD A —Lump Sum (80% of LA Obligation) •
METHOD B— Monthly Payments of
METHOD C--LA's Share Balance divided by estimated total cost multiplied by actual proqress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Printed on 6/28/2010 Page 1 of 4 BLR 05310 (Rev. 05/28/09)
Agreement Provisions
THE LA AGREES:
(1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all
requirements of Titles 11 and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be
cooperatively determined by representatives of the LA, and STATE and the FHWA, if required.
(2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private,
in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
of the proposed improvement.
(4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied
by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required.
(5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that
portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
(7) 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 department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; 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.
(8) To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of
the proposed improvement.
(9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA.
(10) (State Contracts Only) That the method of payment designated on page one will be as follows:
Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum,
an amount equal to 80% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE
the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the
project based upon final costs.
Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified
amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the
provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including
any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.
Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the
LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total
cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until
the entire obligation incurred under this Agreement has been paid.
(11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services
necessary to construct the complete project.
(12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this
preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the
fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this
Agreement.
(13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the
close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any
Federal Funds received under the terms of this Agreement.
(14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to
the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield,
Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad
related work. All railroad related work is also subject to approval be the Illinois Commerce Commission ([CC). Final inspection for
railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office.
•Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for
review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic
signals should also be coordinated with the IDOT's District Bureau of Operations.
The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to
requesting reimbursement from [DOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of
Local Roads and Streets office.
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
Printed on 6/28/2010 Page 2 of 4 BLR 05310 (Rev. 05/28/09)
(15) Arid certifies to the best of its knowledge and belief its officials:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal,
State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen
property; 0
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with
commission of any of the offenses enumerated in item (b) of this certification; and
(d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local)
terminated for cause or default.
(16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
(17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to
the responsible low bidder as determined by the STATE.
(18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that:
(a) 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 any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of
any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement;
(b) 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;
(c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties
(including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
(19) To regulate parking and traffic in accordance with the approved project report.
(20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.
(21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in •
accordance with current Illinois Compiled Statutes.
(22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the
improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting
documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other
documentation supporting the requested reimbursement amount.
(23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of
the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000).
(24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all
applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date
of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the
improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed.
(25) (Single Audit Requirements) That if the LA receives $500,000 or more a year in federal financial assistance they shall have an
audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. LA's that receive less than
$500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after
the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway
planning and construction activities is 20.205.
THE STATE AGREES:
(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity
of the LA's certification of compliance with Titles II and III requirements.
(2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the
STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a
satisfactory bid.
(3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved an*
to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction
work:
Printed on 6/28/2010 Page 3 of 4 BLR 05310 (Rev. 05/28/09)
(a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient
cost information and show evidence of payment by the LA;
(b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited by
STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE.
IT IS MUTUALLY AGREED:
(10 That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve
the proposed improvement for Federal -aid participation or the contract covering the construction work contemplated herein is not
awarded within three years of the date of execution of this Agreement.
(2) This Agreement shall be binding upon the parties, their successors and assigns.
(3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and
performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.
The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of USDOT — assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by
USDOT, is incorporated by reference in 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..). In the absence
of a USDOT — approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the
provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program.
(4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to
appropriate or otherwise make available funds for the work contemplated herein.
(5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or
amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et sea.) unless the provisions of that Act exempt its
application.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1 Location Mav
(Insert addendum numbers and titles as applicable)
T further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement
aAW addenda indicated above.
APPROVED
Name Wally Bobkiewicz
Title City Manager
County Board Chairperson/Mayor/Village President/etc.
Signature v "
Date e:�'6'13_ 0
TIN Number 36-6005870
NOTE: If signature is by an APPOINTED official, a resolution authorizing
said appointed official to execute this agreement is required.
•
/ State of Illinois
Depa of Transportafon
Gary H nnig, Secreta of Tra portation Date
— tl�z.g tz>
Chris'in M. Reed, rector of ' hways/Chief Engineer I Date
en7 chan askins`, C ief Counsel Date
A4ZL_ 4 I "f l I A d
Ma thew . Hughes, Acting Di ctor of Finance and Admin�tration/ Date
Printed on 6/28/2010 Page 4 of 4 BLR 05310 (Rev. 05128/09)
Attachment Number 1: Project Location Map
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30-R-10
• EXHIBIT C
•
Preliminary Engineering Services Agreement for Federal Participation
I6'fl
Local Agency
City of Evanston
L
Illinois Department
p
of Transportation
County
I C
Cook
A
Section
L
09-00254-00-M S
Project No.
A
Preliminary Engineering
CMM-9003(538)
G
Services Agreement
Job No.
P-91-278-10
E
For
Contact Name/Phone/E-mail Address
N
Federal Participation
Cook County
C
Y
Consultant
PB Americas, Inc.
CI
p Address
N 230 West Monroe Suite 900
S City
U Chicaao
L State
IL
T Zip Code
A 6060R
N Contact Name/Phone/E-mail Address
T Art Peterson
312-803-6508
petersona(@i)bworld.com
THIS AGREEMENT is made and entered into this 16th day of June , 2010 between the above
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT.
Federal -aid funds allotted to the LA 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 CTA Yellow Line Station Route Off -System Length 0.8 mile Structure No. NA
Termini Ridge Avenue to Dodge Avenue
•
Description The "Yellow Line Station Engineering Feasibility Study" is designed to examine the potential for a new intermediate station on
the CTA Yellow Line in the 0.8-mile section of the line between Ridge and Dodge Avenues in Evanston.
Agreement Provisions
1. 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 LA 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 LA or STATE.
3. To complete the services herein described within 304 calendar days from the date of the Notice to Proceed from the
LA, 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 LA.
Page 1 of 7 BLR 05610 (Rev. 9/06)
Printed on 6/17/2010 12:45:29 PM
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 LA.
11. To submit all invoices to the LA 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, Environmental Class of
Action Determination 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 LA 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 the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of
cost shall be furnished in quadruplicate.
• ❑ Furnish the LA 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 7 BLR 05610 (Rev. 9/06)
Printed on 6/17/2010 12:45:29 PM
II. THE LA 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 is
❑ 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 LA, 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 LA, 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 LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA 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 LA, •
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 LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA 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.
4. 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.).
III. IT IS MUTALLY AGREED,
1. That no work shall be commenced by the ENGINEER prior to issuance by the LA 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 LA 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 LA or to the STATE,
without restriction or limitation as to their use.
•
Page 3 of 7 BLR 05610 (Rev. 9/06)
Printed on 6/17/2010 12:45:29 PM
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 LA 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 LA. 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 LA 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 LA, 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 LA 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 LA 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 LA. The LA 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 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,
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 7 BLR 05610 (Rev. 9/06)
Printed on 6/17/2010 12:45:29 PM
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 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 of this AGREEMENT or such other remedy as the LA deems appropriate.
Prime Consultant:
PB Americas, Inc.
I Sub -Consultants:
DLK Civic Design, Inc., (DLK)
Apllied Real Estate Analysis, Inc., (AREA)
Executed by the LA:
ATTES
By:
v / Clerk
(SEAL)
Executed by the ENGINEER:
ATTEST:
By:
Title: ,5
Agreement Summary
TIN Number
11-1531569
TIN Number
36-3886478
36-3371240
Aqreement Amount j
$220,473.11
Aqreement Amount
$44,010.88
$10,515.76
Sub -Consultant Total: 54,527
Prime Consultant Total: 220,473
Total for all Work: 275,000
�iTy of Ev�n/sT°aN
(Municipality/Township/County)
By:
Title:
By: 7
Title: J 0e prL's l�ei27L'
•
•
•
Page 5 of 7
Printed on 6/17/2010 12:45:29 PM
BLR 05610 (Rev. 9/06)
Exhibit A: Preliminary Engineering
Route: GTA Yellow Une: Ridge Avenue to Dodge Avenue
Local Agency_ City of Evanston,.Evanston,Cook *Firm's approved rates on file with IDOT'S
(6lunnicipalityfTownship/County) Bureau of Accounting and Auditing_
Overhead Rate for Profit (OH) 157.90%
Section_ 09=00254-0040G Complexity Factor R 0.00%,
Project: CMte1-9003(538) Calendar Days 304
Job No.: P-91-278-10
Method of Compensation:
Cost Plus Fixed Fee 1
Cost Plus Fixed Fee 2
Cost Plus Fixed Fee 3
'Specific Rate
Lump Sum
Element of Work
® 14.5%[DL + R(DL) + OH(DL) + IHDC]
❑ 14.5%[DL + R(DL) + 1.4(DL) + IHDC]
❑ 14.5%[(2.3+ R)DL + IHDC]
Cost Estimate of Consultant's Services in Dollars
Art Peterson/Project Manaqer
Ron Shimizu/Principle-in-Charge
,Rich Juuinall/Technical Advisor
jom Coleman/Deputy PM
-Greg Toth/GAD-Alignment
,Tushar Advani/Station Design
:Ahmad Hammad/Structual
,Mary D-eBacker/Pllanninq
iDa+rid Gloss/Planning
,Andrew He.idel/Planning
iMary Lupa/Ridership
Robert Tan/Traffic
• Mary Ann Murphy/Project Admin
,Tienna Kim[Web Survey
Kathryn DeForrest/Web Site
PEA Direct Costs
Sub -Consultants
DLK Civic D,esiq,n Inc_
Applied Real Estate Analysis, Inc.
! Totals
Employee Classification
Man -Hours
Payroll
Rate
Payroll
Costs (DL)
Principal (P)
158
�$83.04
$13,120,32
Principal (P)
29,
11 $78.40
$2,195.20
Principal (P)
19
L $80.10 .
$1,441.80
Lead Enq_1Pln. (LE)
250
$42.9,f
$10,732.50
Lead Enq_/Pln_ (LE)
40,
$46.85
$1,874.00
SupeMsinq Enq.r_/Pln. (SU)
134
$53.37
$7,151.581
Praject.Manager (PM)
40
$67.81
$2,712.401
Senior Enq./Pln. (SR)
136
$38.24 I
$5,2,00.641
Senior Engi_/Pln_ (SR)
120
$41-29 1
$4,954.801
Enu./Pln. I (El)
240 1
$25.99 1
$6,237.601
Supervising Engr./Pln_ (SU)
80 I
$51.68 1
$4,134.401
Supervisinq Engr./Pln. (SU)
40 1
$58.25 1
$2,330.00
Senior Enq../Pln./Admin (SR)
40 I
$35.81 1
$1,432.40
Supervisinq Enor./Pln. (SU)
80 I
$46.39 1
$3,711.20
Senior Engi./Pln./Cad (SR) '
180 1
$34.12 1
$6,141.60
1584 1 1$73,370.441
Services by
In -House Outside
Overhead* Others
Direct Costs House
Profit
Total
{IHDC) Direct Costs
$20,716.99
$4,906.41
$38,743.71
$3,466.22
$820.91
$6,482.33
$2,276.60
$539.17
$4,257-57
$16,946.62
$4,013.47
$31,692.59
$2,9,59.05
I
$700.79
$5,533.84
$11,292.34
1
$2,674.37
$21,118.29
54,2B2.88 I
I
$1,014.321
$8,009.60
$8,211.81' I
1 1
$1,944.811
$15,357.25
$7,823.63 I
I I
$1,852.871
$14,631.30
$9,849.171 I
I I
$2,332 581
$18,419.35
$6,5213.221 I
I I
$1,546.081
$12,208.70
$3.679 07I 1
I !
$871.321
$6,880.39
$2,261.761 1
I I
$53.5.651
$4,229.81
$5,859.981 1
1 1
$1,387.,821
$10,959.01
$9,697.591 1
1 1
$2,296.681
$18,135.87
I
$3,813.501 1
I
$3,813.50
I I
1 I
I
suo
I
1 544,010.881
I
W.010.88
1 1
1 $10,515.761
1
$10,515.76
$115,851.921 $0.001
$3,813.501 $54,526.641 $27,437.241
$274,999.75
Page 6 of 7 BLR 05610 (Rev. 9/06)
Printed on 6/17/2002:45:29 PM • •
Exhibit B
r
Illinois Department
of Transportation
Prime Consultant
Name Parsons Brinkerhoff
Address 230 West Monroe Suite 900
Telephone 3122-803-6508
TIN Number 11-1531569
Project Information
Engineering Payment Report
Local Agency City of Evanston
Section Number 09-00254-00-MS
Project Number CMM-9003(538)
Job Number P-91-278-10
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
DLK Civic Design, Inc. 36-3886478
Applied Real Estate Analysis, Inc. I 36-3371240
I
I
I
I
I
. I
I
I
I
I
I
I
I
I
I
I
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.
Page 7 of 7 BLR 05610 (Rev. 9/06)
Printed on 4/29/2010 2:58:44 PM