HomeMy WebLinkAboutRESOLUTIONS-2012-034-R-12•
4/10/2012
34-R-12
A RESOLUTION
Authorizing the City Manager to Sign a Local Agency Agreement
with the Illinois Department of Transportation and a Preliminary
Engineering Services Agreement with Alfred Benesch & Company
for Federal Participation for Phase 11 Engineering
for the Bridge Street Bridge Project
WHEREAS, the City of Evanston and Illinois Department of Transportation
(hereinafter "IDOT"), in the interest of safe and efficient movement of bicycle traffic, are
desirous of implementing the rehabilitation and widening of the existing Bridge Street
structure over the North Shore Channel from McCormick Boulevard to Brown Street, said
improvement to be identified as State Section: 08-00251-00-BR, State Job: P-91-398-08,
• and Project Number: BRM-9003(008), hereinafter referred to as the "Project'; and
WHEREAS, the City of Evanston adopted Resolution 47-R-10 on July 26,
2010, which authorized the City Manager to sign a local agency agreement with IDOT
and a preliminary engineering services agreement with Aldred Benesh & Company for
federal participation for Phase I Engineering for the Project;
WHEREAS, the State of Illinois and the City of Evanston wish to avail
themselves of federal funds committed to improve this Project; and
WHEREAS, the City is desirous of entering into an Agreement with Alfred
Benesch and Company for Phase II engineering services for the Project and a Local
Agency Agreement with IDOT for the Project; and
4
34-R-12
WHEREAS, the City Council of the City of Evanston has determined it is
in the best interests of the City to enter into local agency and preliminary engineering
services agreements with said parties;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager is hereby authorized to sign and the
City Clerk is hereby authorized to attest to the Local Agency Agreement for Federal
Participation with the Illinois Department of Transportation, attached hereto as Exhibit A
and incorporated herein by reference, and the Preliminary Engineering Services
Agreement for Phase II engineering for Federal Participation with Alfred Benesch and
Company, attached hereto as Exhibit B and incorporated herein by reference.
SECTION 3: That the City Manager is hereby authorized and directed to
negotiate any additional conditions of the Local Agency Agreement and the
Preliminary Engineering Services Agreement as he may determine to be in the best
interests of the City.
SECTION 3: That this Resolution 34-R-12 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
Attest:
*oey r ne, City Clerk — "
Adopted: L A3 2012
—2—
Z��k� l
1Z
Elizoith B. Tisdahl, Mayor
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EXHIBIT A
Local Agency Agreement Between the City of Evanston
and the Illinois Department of Transportation
-3-
34-R-12
Local Agency
State Contract
Day Labor Local Contract
RR Force Account
/
rtment t�nois
pa
�K of TranspOtfation
City of Evanston
X
Local Agency Agreement
Section
Fund Type
ITEP Number
for Federal Participation
08-00251-00-BR
HBP
Construction
Enoineerino
Right-of-Wav
Job Number
Project Number Job Number
I
Project Number I
Job Number
Project Number
D-91-398-08
BRM-9003(009)
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 Bridge Street Route N/A
Termini McCormick Blvd to Brown Street
Current Jurisdiction LA
Project Description
Length 0.1 miles
Existing Structure No 016-6953
Phase 11 Professional Engineering Services for final plans and specifications for the rehabilitation and widening of the existing Bridge Street
structure over the North Shore Channel. The Scope of Work includes removal and replacement of the concrete deck and parapets,
substructure repair and widening, addition of one girder line, new lighting on bridge and roadway and temporary traffic signals.
Division of Cost
Type of Work
Participating Construction
Non -Participating Construction
Preliminary Engineering
Construction Engineering
Right of Way
Railroads
Utilities
Materials
TOTAL
HBP
(
(
199,044
{
(
(
(
% STATE
% LA %
49,761 ( SAL
$ 199,044 $ $ 49,761
* Maximum FHWA(HBP) participation 80% not to exceed $200,000.00,
Total •
248,805
)
$ 248,805
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 englneering 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 divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Printed on 4/9/2012 Page 1.of 5 BLR 05310 (01/06/12)
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THE LA AGREES:
Agreement Provisions
(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 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, and established state policies 6nd'pr6cedures. Prior to advertisirig for bids, the LA shall certify to the STATE that all
requirements of Titles II 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 andprivate, in
accordance with the current Utility Accommodation Pollcy'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 STATEunder the contract for
which adequate books, records and supporting documentation are not available to support their purported disbursement.
•) 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 thefiscal
year in which this agreement is executed,' the LA chill 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.
Printed on 4/9/2012 Page 2 of 5 BLR 05310 (01/06/12)
(14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded
tothe 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 (ICC). 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 IDOT. 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.
(15) And 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;
(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 documentationof 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.
Printed on 419/2012 Page 3 of 5 BLR 05310 (01/06/12)
10) (Single Audit Requirements) That if the LA expends $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 expend 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.
(26) That theLA is required to register with the Central Contractor Registration (CCR), which is a web -enabled government -wide
application that collects, validates, stores, and disseminates business Information about the federal government's trading partners
in support of the contract award and the electronic payment processes. If you do not have a CCR number, you must register at
httos://www.bDn.aov/ccr, If the LA, as a sub -recipient of a federal funding, receives an amount equal to or greater than $25,000 (or
which equals or exceeds that amount by addition of subsequent funds), this agreement is subject to the following award terms:
htti)://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.qpo.00v/2010/odf/2010-22706.pdf.
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 Ili 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 and
to reimburse the LA for that portion o7 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:
(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:
(1) Construction of the project will utilize domestic. steel as required by Section 106.01 of the current edition of the Standard
Specifications for Road and Bridge Construction.
(2) 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.
(3) 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.
•) 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 (8201 LCS 13010.01 et sea.) unless the provisions of that Act exempt its
application
Printed on 4/9/2012 Page 4'of 5 BLR 05310 (01/06/12)
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of th- Agreement.
Number 9 Location Map
(Insert addendum numbers and titles as applica e)
The LA furtr agrees, as a condition of payment, that it accepts and will comply vv h the applicable provisions set forth in this
Agreement an all exhibits indicated above.
APPROVED APPROV
Local Agency
Name of Official (Nnt or Type Name)
City Manager
Title (County Board (
(Signature) Date
The above signature certifies the agency's TIN number is N
36-6005870 conducting business as a Governmental
Entity.
DUNS Number 074390907
NOTE: If signature is by an APPOINTED official, a resoluti n
authorizing said appointed official to execute this agree me is
required.
State of Illinois
Department of Transportation
L. Schneider, Secretary of Transportation Date
(Delegate's Signature)
(Delegates Name - Printed)
William R. Frey, interim Director of Highways/Chief Engineer Date
Ellen J. Schanzle-Haskins, Chief Counsel
Hughes, Director of Finance and AdministrationDate
Date
•
•
•
Printed on 4/9/2012 Page 5 of 5 BLR 05310 (01106/12)
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
ber 1 Location Mao
(Insert addendum numbers and titles as applicable)
The LA further aorees, as a condition of payment; that it accepts and will comply with the applicable provisions set forth in this
Agreement and all exhibits indicated above.
For P I6i0.O 1f E D
Local Agency
Wally Bobkiewicz
Name of Official (Print or Type Name)
City Manager
Title (County Board Chairperson/Mayor/ViIIage President/etc.)
V�IL3�iz
(Signature e /
The above signature certifies the agency's TIN number is -
36-6005870 conducting business as a Governmental
�ntity.
DUNS Number 074390907
NOTE: If signature is by an APPOINTED official, a resolution
authorizing said appointed official to execute this agreement is
required.
Approved as to form:
W. Grant Farrar
Corporation Counsel
•
APPROVED
State of II i ois, epartm t of Transportation
A Heider, Secretary of Transportation
71271) 2-
BY: Aaron A. Weatherholt, Interim Deputy Director of Highways " Date
Gjdb�t� R 1-27-Zoiz
William R. Frey, Interim Directo f Hig.. ways/Chief Engineer Date
\\
Ellen J. Schanzle-Haskins, Chief Counsel Date
Matthew R. Hughes, Director of Finance and AdministrationDate
Printed on 4/25/2012 Page 5 of 5 BLR 05310 (01/06/12)
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EXHIBIT B
0
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Preliminary Engineering Services Agreement Between the
City of Evanston and Alfred Benesch and Company
-4-
34-R-12
Local Agency
iirm j5 De rhnent
City of Evanston
L
of Transportation
0
County
C
Cook
A
Section
L
06 00251-00-BR
Project No.
A
Preliminary Engineering
BRM-9003f009)
G
Services Agreement
Job No.
E
For
D-91-398-08
N
Federal Participation
Contact Name/Phone/E-mail Address
Sat Nagar
C
snagar@cityofevanston.org
Y
(847)866-2967
Consultant
Alfred Benesch & Company
c
0 Address
N 205 N. Michioan Ave, Suite 2400
S City
11 Chicaao
State L
IL
T Zip Code
A 60601
N Contact Name/Phone/E-mail Address
T David Morrill
dmorrill@benesch.com
(312)565-0450
THIS AGREEMENT is made and entered into this day of I 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 Bridge Street Route N/A Length 0.1 mi Structure No. 016-6953
Termini McCormick Boulevard to Brown Street
Description Phase 11 Professional Engineering Services for final plans and specifications for the rehabilitation and widening of the existing
Bridge Street structure over the North Shore Channel. The Scope of Work includes removal and replacement of the concrete deck and
parapets, substructure repair and widening, addition of one girder line, new lighting on bridge and roadway and temporary traffic signals.
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 300 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. 01
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 SLR 05610 (Rev. 9/06)
Printed on 4/9/2012 8:15:09 AM
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 cr 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 maybe 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 4/9/2012 8:15:09 AM
It. 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
❑ 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.
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 4/9/2012 8:15:09 AM
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 respansible 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 n 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.
:. 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. 9106)
Printed on 4/9/2012 8:15:09 AM
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.
Agreement Summary _
Prime Consultant: TIN Number
Alfred Benesch & Company 36-2407363
Sub -Consultants: I TIN Number
Cooper Civil Engineering 33-11327212
Lin Engineering 37-1274976
Executed by the LA:
Agreement Amount t
i $192,711.44 I
Agreement Amount i
$48,842.80 }
$7,250.37 I
Sub -Consultant Total: $56,093.17
Prime Consultant Total: $192,711.44
Total for all Work: $248,804.61
City of Evanston
(Municipal itylrownshtp/County)
•
ATTEST:
By:
Clerk
(SEAL)
Executed by the ENGINEER:
ATTEST:
n
By:
Title: David J. Morrill, P.E., S.E, Vice -President
By:
Title:
By.
Title: Kevin . Fitz rick, P�., Se for Vice -President
•
Page 5 of 7 BLR 05610 (Rev. 9/06)
Printed on 4/9/2012 8:15:09 AM
0
Exhibit A - Preliminary Engineering •
Route: Bridge Street
Local Agency:
City of Evanston
(MunicipalityfTownshi p/County)
Section:
08-00251-00-BR
Project:
BRM-9003(009)
Job No.:
D-91-398-09
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 ❑
*Firm's approved rates on file with (DOT'S
Bureau of Accounting and Auditing:
Overhead Rate (OH) 166.43 %
Complexity Factor (R) 0.00
Calendar Days 300
Cost Estimate of Consultant's Services in Dollars
Element of Work Employee Man- Payroll Payroll Overhead` Services by
Classification Hours Rate Costs (DL) Others
Structural Survey I SEE AHPR
Roadway Plans
I SEE AHPR
Traffic Signals
I SEE AHPR
Lighting Plans
I SEE AHPR
Structure Plans
I SEE AHPR
S.P.'s & Estimates
I SEE AHPR
Shop Drawings
I SEE AHPR
Meetings
I SEE AHPR
Coordination
I SEE AHPR
QA/QC
SEE AHPR
Administration
( SEE AHPR
I
I Cooper Civil Enq
I
Lin Engineering
I
I Totals
40 I $35.89
54 1 $34.96
127 I $40.21
86 I $40.21
803 I $35.86
100 1 $33.89
92 I $32.93
80 I $43.13
41 $39.42
57 I $60.10
60 1 $50,20
I
I
I
I
I
1,540.00 I
I $1,435.60
1 $1,887.84
1 $5,106.67
$3,458.06
$28,795,58
$3,389.00
1 $3,029.56
$3,450.40
$1,616.22
I $3,425.70
1 $3,012.00
1 $58,606.63
I $2,389.27
f $3,141.93
I $8,499.03
I $5,755.25
1 $47,924.48
I $5,640.31
I $5,042.10
i $5,742.50
1 $2,689.87
I $5,701.39
I $5,012.87
I
I
I
I
I
$97,539.01
1
I $7,000.00
I
I
I
I
I
I
$48,842.80
$7,250.37
I
I
I $63,093.17
In -House
Direct Costs
(IHDC)
I $72.75
I $519.00
I $975.75
I $735.75
$2,559.75
$571.00
$250.00
I $218.25
1 $145.50
I
I
$6,047.75
Profit
Total
$565.15 $4,462.77
I $804.57 I $13,353.34
$2,.114.31 I $16, 695.76
$1,442,61 I $11,391.67
I $11,495.57 I $90,775.39
I $1,392.05 I $10,992.36
I $1,206.64 I $9,528.30 I
I $1,364.62 I $10,775.77
$645.48 I $5,097.08 I
$1,323.43 I $10,450.52
j $1,163.61 I $9,188.48
I I
I $48,842.80
I $7,250.37
I I
I I
I I
I
l $23.518.04 I $248.804.61
Page 6 of 7 SLR 05610 (Rev. 9/06)
Printed on 4/9/2012 8:15:09 AM
Exhibit B
Illinois Department
of Transportation
Prime Consultant
Name
Alfred Benesch & Company
Address
205 N. Michigan Ave. Suite 2400, Chicago, IL
Telephone
(312) 565-0450
TIN Number
36-2407363
Project Information
Local Agency
City of Evanston
Section Number
08-00251-00-BR
Project Number
BRM-9003(009)
Job Number
0-91-398-08
Engineering Payment Report
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
{ Cooper Civil Engineering 33-11327212
{ Lin Engineering 37-1274976
{
{
•
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. 9106)
Printed on 4/9/2012 8:15:09 AM