HomeMy WebLinkAboutRESOLUTIONS-2013-021-R-13•
4/10/2013
21-R-13
A RESOLUTION
Authorizing the City Manager to Sign a Local Agency Agreement
with IDOT and a Preliminary Engineering Services Agreement with
Alfred Benesch & Company for Construction Engineering Services on
the Bridge Street Project
WHEREAS, the City of Evanston and Illinois Department of Transportation
(hereinafter "IDOT"), in the interest of safe and efficient movement of vehicular and
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: C-91-398-08, and Project Number: BRM-9003(010), hereinafter referred to as the
• "Project', and
WHEREAS, the City of Evanston adopted Resolution 34-R-12 on April 23,
2012, which authorized the City Manager to sign a local agency agreement with IDOT
and a preliminary engineering services agreement with Aldred Benesch & Company for
federal participation funding for Phase II Engineering for the Project, -
WHEREAS, the State of Illinois and the City of Evanston wish to avail
themselves of additional federal funds committed to finish this Project; and
WHEREAS, the City is desirous of entering into an Agreement with Alfred
Benesch and Company for construction engineering services for the Project and a Local
Agency Agreement for Federal Participation with IDOT for the Project; and
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21-R-13
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 agreement and a construction
engineering services agreement with aforementioned 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 1
and incorporated herein by reference, and the Construction Engineering Services
Agreement for Federal Participation with Alfred Benesch and Company, attached hereto
as Exhibit 2 and incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions or terms for the Local Agency Agreement and the
Construction Engineering Services Agreement.
SECTION 3: That this Resolution 21-R-13 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
Attest:
Rodridy Green ity Clerk
Adopted: , 2013
—2—
Elt9lbeth B. Tisdahl, Mayor
.7
•
•
• EXHIBIT 1
n
LJ
•
Local Agency Agreement between the City of Evanston
and the Illinois Department of Transportation
-3-
21-R-13
Local Agency State Contract Day Labor Local Contract RR Force Account
86nOtS Departme�tt
of transportation City of Evanston X
Local Agency Agreement Section Fund Type ITEP and/orSRTS Number
for Federal Participation 08-00251-00-BR STP-Br
Construction Engineering Right of-W av
Job Number Project Number Job Number Project Number Job Number Project Number
C-91-398-08 I BRM-9003(010)
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 "FIiWA".
Location
Local Name Bridge Street Route MS 0001 Length 0.16mile
Termini McCormick Boulevard to Brown Street over Chicago Metropolitan Sanitary Canal
Current Jurisdiction LA Existing Structure No 016-6953
Project Description
Rehabilitation and widening of the existing Bridge Street Bridge 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 new line of girders, new
lighting on bridge and roadway and traffic signals.
Type of Work
Participating Construction
Non -Participating Construction
Preliminary Engineering
Construction Engineering
Right of Way
Railroads
Utilities
Materials
TOTAL
Division of Cost
STP-Br % STATE %
1,551,760 ( ) ( )
192,000 ( ) ( )
LA %
387,940 ( BAL
t
(
48,000 ( BAL
$ 1,743,760 $ $ 435,940
"Maximum FHWA (STP) participation 80% not to exceed $1,743,760.
Total:
1,939,74
}
240,000
$ 2,179,700
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,
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 progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Printed on 4/23/2013 Page 1 of 6 BLR M310 (Rev. 01/10/13)
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 ll 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 shalt 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.
0
(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 dose (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.
Printed on 4/2312013 Page 2 of 6 BLR 05310 (Rev. 01/10/13)
(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 0
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 ail 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 tc
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 dat�
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 4/23/2013 Page 3 of 6 BLR 05310 (Rev. 01/10/13)
ft5) (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 the LA 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.uscontractorreaistration.com. 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: htFo:/ledocket. access. 000.aov/2010/odf12010-22705.odf and htto://edocket.access.000.aov/2010/Ddf/2010-
22706.Ddf.
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 IV 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 and
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:
(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 fumish 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.
(4) 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 (31U.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.
(5) 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.
•(6) 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
Printed on 4/23/2013 Page 4 of 6 BLR 05310 (Rev. 01/10/13)
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. •
Number 9 Location Man
(Insert addendum numbers and titles as appricabie)
The LA further agrees, 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.
APPROVED APPROVED
Local Agency
Wally Bobkiewicz
Name of Official (Print or Type Name)
City Manager
Title (County Board Chairperson/Mayor/Viliage President/etc.)
State of Illinois
Department of Transportation
Ann L. Schneider, Secretary of Transportation
By:
Aaron A. Weatherholt, Deputy Director of Highways
R! " �--3 —t 3 Omer Osman, Director of HighwayslCNef Engineer
(Signature) Dat
The above signature certifies the agency's TIN number is
36-6005870 conducting business as a Governmental
Entity.
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
By: ��(cA4e
Michael A. Forti, Chief Counsel
Date
Date
Date
Date
•
Matthew R. Hughes, Director of Finance and Administration Date
0
Printed on 4/23/2013 Page 5 of 6 BLR 05310 (Rev: 01/10113)
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21-R-13
EXHIBIT 2 •
Construction Engineering Services Agreement for Federal Participation
between the City of Evanston and Alfred Benesch and Company
•
•
-4-
Local Agency Consultant
City of Evanston L MOIS De (tit Alfred Benesch & Company
0 of Transportation C
unty C 0 Address
Cook A N 205 N. Michioan Ave. Suite 2400
Section L S City
08-00251-00-BR Chicano
Project No. Construction Engineering State
Job
b N 900310101 g So. Gervices Agr ement T IL
For Zip Code
C-91-398-08 E Federal Participation A --psn1
e
Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address
(847)866-2967 C T Dan Gross/312-656-0235
snagar@cityofevanston.org Y dgross@benesch.com
THIS AGREEMENT is made and entered into this 28th day of February , 2013 between the above
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT
described herein. 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,
WHEREVER IN THIS AGREEMENT the following terms are used, they shall be interpreted to mean:
Regional Engineer Regional Engineer, Department of Transportation
Resident Engineer LA Employee directly responsible for construction of the PROJECT
Contractor Company or Companies to which the construction contract was awarded
u�W Project Description
Name Bridge Street Route Off System Length 0.10 mi Structure No. 016-6953
Termini . McCormick Blvd to Brown Street
Description: Rehabilitation of the Bridge Street Bridge in Evanston. Additional scope of work attached.
• Agreement Provisions
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT
hereinbefore described and checked below:
® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality
Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform
testing as noted below.
® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples
and perform testing as noted below.
c. For soils, to obtain samples and perform testing as noted below.
® d. For aggregates, to obtain samples and perform testing as noted below.
NOTE: For 1 a. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR "Project
Procedures Guide", or as indicated in the specifications, or as attached herein by the LA; test according to the
STATE BMPR "Manual of Test Procedures for Materials", submit STATE BMPR Inspection reports; and verify
compliance with contract specifications.
® e. inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit
inspection reports to the LA and the STATE in accordance with the STATE BMPR "Project Procedures Guide" and
the policies of the STATE.
• ® f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA
trained technician classes.
® g. inspect, document and inform the resident engineer of the adequacy of the establishment and maintenance of the
traffic control.
Page 1 of 7 BLR 05611 (Rev. 9/06)
Printed on 2/28/2013 12:45:49 PM
❑ h. Geometric control including all construction staking and construction layouts.
® 1. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance •
with the STATE Construction Manual.
® j. Measurement and computation of pay items.
® k. Maintain .a daily record of the contractor's activities throughout construction including sufficient information to permit
verification of the nature and cost of changes in plans and authorized extra work.
® I. Preparation and submission to the LA by the required form and number of copies, all partial and final payment
estimates, change orders, records, documentation and reports required by the LA and the STATE.
® m. Revision of contract drawings to reflect as built conditions.
2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties
of the ENGINEER in connection with the AGREEMENT.
3. To furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized
representative.
4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or
STATE.
5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
without the 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.
6. The ENGINEER shall submit Invoices, based on the ENGINEER's progress reports, to the resident engineer, no more than once a -
month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value, to the
LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the
construction engineering completed) of the fixed fee for the fully completed work.
7. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to
Improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to
perform the services enumerated herein.
8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors, omissions or •
ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should
any damage to persons or property result from the ENGINEER' error, omission or negligent act, the ENGINEER shall indemnify
the LA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from
such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the
contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from
the LA.
9. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA.
10. 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 (a) of this certification; 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.
Page 2 of 7 BLR 05611 (Rev, 9/06)
Printed on 2/28/2013 12:45.49 PM
11, To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.
• 12. 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_
13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT.
11. THE LA AGREES,
1. To furnish a resident engineer to be in responsible charge of general supervision of the construction.
2. To furnish the necessary plans and specifications.
3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services.
4. 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%PL + 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 ❑
5. 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 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.
6. The recipient shall not discriminate on the basis 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 recipients 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.).
Page 3 of 7 BLR 05611 (Rev. 9/06)
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Ill. It is Mutually Agreed,
1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers, accounting records and
other evidence pertaining to cost incurred and to make such materials available at their respective offices at ail reasonable times •
during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the
STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be
furnished If requested.
2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER, The
ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR
has completed the construction contract.
3. That all field notes, test records and reports shall be turned over to and become the property of the LA and that 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 this AGREEMENT may be terminated by the IA upon written notice to the ENGINEER, at the ENGINEER's last known
address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any
services completed and any services partially completed. The percentage of the total services which have been rendered by the
ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be
multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field
notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be
delivered to, the LA.
5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall
be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed
by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final.
6. That In the event the engineering and inspection services to be furnished and performed by the LA (including personnel furnished
by the ENGINEER) shall, In the opinion of the STATE be Incompetent or inadequate, the STATE shall have the right to supplement
the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA.
7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the
contractor's safety precautions, except as provided in numbered paragraph 1f of Section I.
8. This certification is required by the Drug Free Workplace Act (30ILCS 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 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 -rive (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 betaken 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; is
any available drug counseling, rehabilitation and employee assistance program; and
(4) the penalties that may be imposed upon an employee for drug violations.
Page 4 of 7 BLR 05611 (Rev. 9106)
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(c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance
• of the contract or grant and to post the statement in a prominent place in the workplace.
(d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of
paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation
program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act.
(0 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.
9. 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 this AGREEMENT or such other remedy as the LA deems appropriate.
I Prime Consultant:
I Alfred Benesch & Company
Sub -Consultants:
GSG Consultants, Inc.
I GSG Material Testing, Inc.
1
I
Executed by the LA:
ATTEST"",
TTEST
Clerk
(SEAL)
Executed by the ENGINEER:
ATTEST:
By:
• Title: .r3 e c t jd{ V fCd �iG t.d H.
Page 5 of 7
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Agreement Summary
TIN Number
Aqreement Amount
36-2407363
I $180,001.68
TIN Number
Agreement Amount
36-3844476
$50,027.07 I
36-4003526
•
$9,971,25
I
Sub -Consultant Total:
I
$59,998.32
I Prime Consultant Total:
$180,001.68
I Total for all Work:
1 $240,000.00
City of Evanston
(MunicipalitylrownsNp/County)
Title: Cl t�f t�(AAZ;?t
Approved as to form:
W. Grant Farrar
(�,nrporation Counsel
By: RLIC-aF-I[C Jai ""v
By:
Title: eitc j"[ gia
SLR 05611 (Rev. 9/06)
Exhibit A - Construction Engineering
Route:
Bridqe Street
Local Agency: City of Evanston
(Mu nlcipality/Township/County)
Section:
08-00251-00-BR
Project:
BRM-9003(010)
Job No.:
C-91-398-08
Method of Compensation:
Cost Plus Fixed Fee 1 ® 14.5%[DL + R(DL) + OH(DL) + IHDC]
Cost Pius Fixed Fee 2 ❑ 14.5%[DL + R(DL) + 1.4(DL) + IHDC]
Cost Pius Fixed Fee 3 ❑ 14.5%[(2.3 + R)DL + IHDC]
Specific Rate ❑
Lump Sum ❑
*Firm's approved rates on file with IDOT'S
Bureau of Accounting and Auditing:
Overhead Rate (OH) 160.76 %
Complexity Factor (R) 0.00
Calendar Days 270
Cost Estimate of Consultant's Services In Dollars
Employee Man- Payroll Payroll Services by In -House
Element of Work Classification Hours Rate Costs (DL) Overhead's Others Direct Costs Profit
(IHDC)
I Const. Management
' Const. Rep. III
Const. Management
I Sr Surveyor
Const. Management
I
I
I Party Chief
I
I
I
I
1 Const. Management
I
I
I Inspector
I Const. Management
�
I
I Materials Rep.
I
I
I
!
I Totals
I
I
Page 6 of 7
Printed on 2/28/2013 12:45:49 PM
•
I
1642.00
I 30.00
{ 40.00
I
I I
1 1,712.00 1
$33.26
$42.00
$27.50
$54,612.92
$1,260.00
$1,100.00
$56,972.92 1
•
$87,795.73 !
$2, 025.58 1
$1,768.36 I
I
I
I
I
I
I
I
$91, 589.67 1
I
1 $8,644.12
I $0.00
I $0.00
I
I
$50,027.07 I
$9,971.25 1
1 $21,902.65
1 $476.41
$415.91
I I I
I � I
I I I
$59,998.321 $8,644.12) $22.794.971
Total
$172,955.42 I
$3,761.98 1
$3,284.27 1
1
1
I
$50,027.07 I
$9,971,25 1
I
$240.000.00 1
BLR 05611 (Rev. 9/06)
0
Exhibit B
1Hinois Department
of Twansportation
Prime Consultant
Name
Alfred Benesch & Company
Address
205 N. Michigan Ave. Suite
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
C-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
GSG Consulting Inc. 36-3844476
GSG Materials 36-4003526
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
8LR 05611 (Rev. 9/06)
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