HomeMy WebLinkAboutRESOLUTIONS-1976-039-R-76•
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6/24/16
39-R-76
RESOLUTION
Relating to an Agreement Between
the United States of America and the
City of Evanston Relating to the South Boulevard Beach
WHEREAS, the City Council of the City of. Evanston finds that the South
Boulevard. Beach has been subjected to continuing erosion as a result of.wave
action; and
WHEREAS, a beach erosion control project for said beach has been approved
by the 89th Congress of the United States 1st Session, as House Document No.
159:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, that the City Manager is hereby authorized to
• enter into an agreement with the United States of America in substantially
the form attached hereto and made.a part hereof to undertake said beach erosion
control project.
ATTEST:
City Clerk
Mayor
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AGREEMENT
UNDER SECTION 215
OF PUBLIC LAW 90-483
FOR
EVANSTON, ILLINOIS SHORE PROTECTION PROJECT
THIS AGREE1v1ENT, entered into this day of 19 ,
by and between the united States of America (hereinafter referred to as
the "GOVERM,1ENT") represented by the Chief of Engineers, U. S. Army, and
the City of Evanston, Illinois (hereinafter referred to as the "COOPERATING
AGENCY"):
WHEREAS, a beach erosion control project (hereinafter referred to as
the "Authorized Project") at Evanston, Illinois described in House Document
No. 1593% 89th Congress, lst Session, was authorized by Section 301 of the
River and Harbor Act of 1965 (Public Law 298, 89th Congress).
WHEREAS, the Cooperating Agency has proposed to perform certain work
which falls within the work required under the Authorized Project; and
WHEREAS, Section 215 of Public Law 90-483 (42 U.S.C. 1962d-5a) provides
that the Secretary of the Army, acting through the Chief of Engineers, may
• enter into an agreement to reimburse.the costs of certain work accomplished
by local interests which later is incorporated into an authorized project,
when it is determined that such reimbursement is in the public interest; and
WHEREAS, the Secretary of the Army, acting through the Chief of
Engineers, ha.s determined that reimbursement to the Cooperating Agency in
this instance is in the public interest; and
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WHEREAS, Section 221 of Public Law 91-611, approved 31 December 1970,
provides that construction of any project shall not be commenced until the
n.on-Federal interest has entered into a written agreement with the Secretary
of the Army to furnish its required cooperation for the project; and further
that every such agreement shall be enforcible in the appropriate District
Court of the United States; and,
WHEREAS, Congress enacted Public Law 91-64.6, approved 2 January 1971,
entitled the "Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970;" and
WHEREAS, the Cooperating Agency hereby represents that it has the
authority and capability to furnish the non -Federal cooperation required by
the Federal legislation authorizing the Project; and by other applicable law.
NOW THEREFORE, it is agreed between the Government and the Cooperating
Agency that:
ARTICLE 1 - Work to be Accomplished. Construction of one steel sheet piling
impermeable groin about 460 feet long, located at the southerly, or down -
drift end of the South Boulevard beach, and placement of about 4S,000 cubic
yards of sand fill to form a protective beach, in accordance with the plan
of improvement presented in House Document 159, 89th Congress, 1st Session.
ARTICLE 2 - Planner of Performing the Work. Work shall be performed by the
Cooperating Agency. Necessary engineering and design shall be accomplished
by the Cooperating Agency or by its Architect-Faigineer Consultant. Con-
struction shall be accomplished by securing competitive bids, by advertising,
.for all work to be performed by contract, or with the approval of the Govern-
ment, the Cooperating Agency may perform the work with its own forces.
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ARTICLE 3 - Review of Design and Inspection. Prior to commencement of work,
the designs, detailed plans and specifications, estimates, and arrangements
• for prosecution of the work shall be made available to the District Engineer,
U. S. Army Engineer District Chicago, for review and approval. Any subsequent
changes in the plans and specifications for the work or in the method of
accomplishment shall be submitted to the District Engineer for review and
prior approval. The District Fngineer or his designee is authorized to in-
spect the work at any and all times.
ARTICLE 4 - Basis of Reimbursement.
(a) The total contribution by the Government of Federal funds to assist
in the construction and/or improvement of the Project shall be 50 percent of
the first cost of constructing the authorized works. Costs will include
planning, inspection, and administrative costs of both the Cooperating Agency
and the Government directly connected with the Project.
(b) Payment for the Government's share of the above defined total first
cost, minus Government funds spent for engineering, supervision and adminis-
tration, will be made when the entire project has been completed in conformity
with the approved plans and specifications, from such Federal funds as may be
or have been appropriated by Congress for the work. Payment shall be made
after receipt of properly certified invoices supported by such evidence of
payment as may be required by the Contracting Officer.
ARTICLE 5 - Limitations on Reimbursement.
(a) Reimbursement for the work performed by the Cooperating Agency
shall be dependent upon the appropriation of funds applicable thereto or
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funds available therefor, and shall not take precedence over other pending
work of higher priority at the same or other improvement projects.
(b) Any work undertaken by the Cooperating -Agency prior to the effective
• date of this agreement shall not be subject to reimbursement.
(c) No reimbursement shall be made until the District Fngineer, U. S.
Army Engineer District'Chicago, has determined that the work subject to
reimbursement has been performed in accordance with the agreement.
(d) This agreement shall not be construed as (i) authorizing the
Government to assume any responsibilities placed upon the Cooperating Agency
or any other non -Federal body by the conditions of project authorization, or
(ii) as committing the Government to reimburse the Cooperating Agency if
the Authorized Project is not undertaken or is modified so as to rake the
work performed by the Cooperating Agency no longer applicable.
(e) Reimbursement shall not be made for any work which does not conform
to the description set forth in ARTICLE 1 above.
(f) The amount of reimbursement to the Cooperating Agency for the work
described herein shall in no event exceed one million dollars ($1,000,000).
• (g) The amount of reimbursement to the Cooperating Agency is not
subject to interest charges, nor is it subject to adjustment to reflect
changes in price levels between the dates of completion and reimbursement.
ARTICLE 6 - Expiration of Agreement. This agreement shall expire and become
null and void if the work described herein is not undertaken within three
(3) years of the effective date of this agreement and unless extended by
the Government completed within two (2) years thereafter.
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ARTICLE 7 - Prosecution of Work by Contract. In the event the Cooperating
Agency prosecutes the work herein by contract, all bids received and the
proposed provisions of any contract shall be subject to review by the Govern-
0 ment prior to award. Any such contract shall contain all applicable provisions
required by Federal law and regulations including, but not necessarily limited
to, applicable labor and equal opportunity provisions.
ARTICLE 8 - The Cooperating Agency agrees to:
(a) Bear all costs of the work in excess of the Federal contributions
recommended, being SO percent of the total construction cost for the South
Boulevard beach improvement;
(b) Provide without cost to the United States all necessary lands,
easements, and rights -of -way;
(c) Hold and save the United States free from damages due to the
construction works;
(d) Maintain all the works after completion in accordance with regula-
tions prescribed by the Secretary of the Army;
(e) Maintain during the economic life of the project continued public
• ownership and administration for public use of the publicly owned shores
upon which the recommended Federal participation is based;
(f) Provide. appurtenant facilities required for realization of
recreational benefits;
(g) Control water pollution to the extent necessary to safeguard the
health of bathers; and
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(h) Obtain approval of the Chief of Engineers, prior to commencement
of work, of detailed plans and specifications, and arrangements for
prosecuting the work.
ARTICLE 9 - Examination of Records.
• (a) The Cooperating Agency agrees that the Comptroller General. of the
United States or any of his duly authorized representatives shall, until the
expiration of three years after final reimbursement under the agreement, have
access to and the right to examine any directly pertinent books, documents,
papers and records of the Cooperating Agency, involving transactions related.
to this agreement.
(b) The Cooperating Agency further agrees to include in all its contracts
hereunder a provision to the effect that the Contractor and all subcontractors
agree that the Comptroller General of'the United States or any of his duly
authorized representatives shall, until three years -after final payment
under the contract or subcontract, have access to and the right to examine
any directly pertinent books, documents, papers, and records of such Contractor
or subcontractor, involving transactions relating to the contract or sub-
contract.
The term "subcontract"
as
used in the
clause excludes (i)
purchase
orders not
exceeding
$2,500 and
(ii)
subcontracts
or purchase orders
for
public utility services at rates established for uniform applicability to the
general public.
(c) The periods of access and examination described in (a) and (b)
above for records which relate to (i) litigation or the settlement of
claims arising out of the performance of this contract, or (ii) costs and
expenses of this contract as to which exception has been taken by the
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Comptroller General or any of his duly authorized representatives, shall
continue until such litigation, claims or exceptions have been disposed of.
ARTICLE 10 - Officials not to Benefit: No member of or any delegate to
Congress or Resident Commissioner shall be admitted to any share or part
of this agreement, or to any benefit that may arise therefrom; but this
provision shall not be construed to extend to this agreement if made with
a corporation for its general benefit.
ARTICLE 11 - Covenant against Contingent Fees: The Cooperating Agency
warrants that no person or selling agent has been employed or retained to
solicit or secure this agreement upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies main-
tained by the Cooperating Agency for the purpose of securing business.
For breach or violation of this warranty, the Government shall have the
right to annul this agreement without liability or, in its discretion, to
subtract from the reimbursement price the full amount of such commission,
percentage, brokerage, or contingent fee.
ARTICLE 12 - Equal Opportunity: The applicant hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction
work, or modification thereof, as defined in the Regulations of the Secre-
tary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part
with funds obtained from the Federal Government or borrowed on the credit
of the Federal Government pursuant to a grant, contract, loan, insurance,
or guarantee, or undertaken pursuant to any Federal program involving such
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grant, contract, loan, insurance, or guarantee, the following Equal
Opportunity clause:
During the performance of this contract, the Contractor agrees as follows:
• (1) The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The Contractor will take affirmative action to ensure that applicants
are employed and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to the following: employment, upgrading, demo-
tion or transfer; recruitment or recruitment advertising; layoff or termina-
tion; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants .for employment, notices to
be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race,
• color, religion, sex or national origin.
(3) The Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other con-
tract or understanding, a notice to be provided advising the said labor union
or workers' representatives of the Contractor's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order
11246 of September 24, 196S, as amended by Executive Order 11375 of October
13, 1967, and of the rules, regulations and relevant orders of the Secretary
of Labor.
(S) The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, as amended by Executive Order
11375 of October 13, 1967, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records and accounts by the administering agency and the Secretary of. Labor
for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondis-
crimination clauses of this contract or with any of -the said rules, regula.-
tions or orders, this contract may be cancelled, terminated or suspended in
whole or in part and the Contractor may be declared ineligible for further
Government contracts or Federally assisted construction contracts in accord-
ance
with procedures
authorized in Executive
Order 11246
of September 24,
1965,
as amended by
Executive Order 11375 of
October 13,
1967, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 196S, as amended by Executive Order 11375 of October
13, 1967, or by rule, regulation or order of the Secretary of Labor, or as
otherwise provided by law.
(7) The Contractor will include the portion of. the sentence immediately
preceding Paragraph (1) and the provisions of Paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations or
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orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, as amended by Executive Order 1.1375 of
October 13, 1967, so that such provisions will be binding upon each sub-
contractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncorpliance:
Provided, however, that in the event a Contractor becomes involved in or is
threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Contractor may request the
United States to enter into such litigation to protect the interests of the
United States. The applicant further agrees it will.be bound by the above
Equal Opportunity clause with respect to its own employment practices when
it participates in Federally assisted construction i.�ork: Provided, That if
the applicant so participating is a State or local government, the above
Equal Opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or under
• the contract. The applicant agrees that it will assist and cooperate actively
with the administering agency and the Secretary of Labor in obtaining the com-
pliance of Contractors and subcontractors with the Equal Opportunity clause
and the rules, regulations and relevant orders of the Secretary of Labor,
that it will furnish the administering agency and. the Secretary of Labor such
information as they may require for the supervision of such compliance, and
that it will otherwise assist the administering agency in the discharge of
the agency's primary responsibility for securing compliance. The applicant
further agrees that it will refrain from entering into any contract or
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contract modification subject to Executive Order 11246 of September 24, 1965,
as amended by Executive Order•11375 of October 13, 1967, with a Contractor
debarred from, or who has not demonstrated eligibility for, Government con-
tracts and Federally assisted construction contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of the
Equal Opportunity clause as may be imposed upon Contractors and subcontractors
by the administering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the applicant agrees that if
it fails or refuses to comply with these undertakings, the admdnistering
agency may take any or all of the following actions: Cancel, terminate or
suspend in whole or in part this grant (contract, loan, insurance, guarantee) ;
refrain from extending any further assistance to the applicant under the pro-
gram with respect to which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from such applicant; and.
refer the case to the Department of Justice for appropriate legal proceedings.
ARTICLE 13 - Inspection and Maintenance. The Cooperating Agency hereby grants
and conveys to the Government the right to enter upon, at reasonable times
• and in a reasonable manner, the -Project lands which the Cooperating Agency
owns or controls, including those lands for access purposes, for the purpose
of inspection and for the purpose of repairing and maintaining the Project,
if such inspection shows that the Cooperating Agency for any reason is
failing to repair and maintain the Project in accordance with the assurances
set forth herein and has persisted in such failure after a reasonable notice
in writing by the Government delivered to the Cooperating Agency, then, and
in that event, repair and maintenance by the Government shall not operate
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to relieve the Cooperating Agency of responsibility to meet its obligation
as set forth in this agreement, or to preclude the Government from pursuing
any other remedy at law or equity.
• ARTICLE 14 - Effective Date. This agreement shall take effect when executed
by the Chief of Engineers.
THE UNITED STATES OF ANMRICA
IM
Chief of Engineers
DATE
City of Evanston, Illinois
BY
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ATTORNEY'S CERTIFICATE
I, , Attorney for the City of
Evanston, Illinois, hereby certify as follows:
• a. That I have reviewed the foregoing Agreement entitled "Agreement
Between the United.States of America and the City of Evanston, Illinois
under Section 215 of Public Law 90-483 for Evanston, Illinois Shore Pro-
tection Project."
b. That the City of Evanston is a legally constituted public body
organized in accordance with the statutes of the State of Illinois.
c. That the City Council has authorized and directed that said Agree-
ment to be executed on behalf of the City as attested by the certified copy
of a Resolution adopted on and attached to said Agreement.
d. That in my review of the said Agreement I have carefully examined
Public Law 91-611, giving particular attention to Section 221 of said Public
Act, and am of the opinion that the City has the required authority and
capability to meet the requirements of the said Agreement.
e. 'Mat the City owns or has control of all lands, easements, and
• rights -of -way required for the construction of this Shore Protection Project.
f. That it is my opinion that the said Agreement, when fully executed
by the parties thereto, will become a binding contract subject to the laws
of the United States and the State of Illinois.
By:
Attorney for the City of
1976 Evanston, Illinois