HomeMy WebLinkAboutRESOLUTIONS-1992-023-R-923-18-92.
• 23-R-92
A RESOLUTION
WHEREAS, the City of Evanston is undertaking a mass
transportation -capital project (hereinafter referred to as the
Evanston Transportation Center Project); and
WHEREAS, the City of Evanston has made application to
the Illinois Department of Transportation (IDOT) for financial
assistance for the Evanston Transportation Center project in
accordance with the provisions of the Illinois Revised Statutes
(1987), Paragraph 127, Section 49.19 (hereinafter referred to as
"Acts") and the procedural guide entitled "Mass Transportation
Capital Improvement Grants - Information for Applicants"; and
WHEREAS, the City of Evanston's final application for
is
State financial assistance has been approved by the Illinois
Department of Transportation as Project Number CAP-86-293-IST;
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and
WHEREAS, the Illinois Department of Transportation has
made application on behalf of the City of Evanston and other
communities to the United States of America for Federal financial
assistance for the Evanston Transportation Center Project and
similar commuter improvement projects; and
WHEREAS, the City of Evanston's application for
Federal financial assistance has been approved by the Urban Mass
Transportation Administration (UMTA) as Project Number IL-23-
9028; and
23-R-92
• WHEREAS, as a result of discussions and negotiations
between IDOT and the City of Evanston, certain amendments are
necessary to the agreement between the City and IDOT for the
construction of the Evanston Transportation Center.
NOW, THEREFORE, BE IT -RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager of the City of
Evanston, is hereby authorized and directed
to enter into an agreement with IDOT setting forth amendments to
the construction agreement for the Evanston Transportation
Center. This agreement shall be substantial conformity to the
provisions as set forth in Exhibit A attached hereto and
incorporated herein by reference. The City Manager is further
authorized to negotiate such additional terms consistent with
• Exhibit A and in the best interest of the City.
SECTION 2: This Resolution shall be in full force
and effect from and after the date of
its passage and approval in the manner provided by law.
TEST•
City Clerk
Adopted: �-� , 1992
•
Mayor
•
AMENDMENT NO. 1
TO AN AGREEMENT BETWEEN
THE STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
DIVISION OF PUBLIC TRANSPORTATION
and
CITY OF EVANSTON
(Contract No. 1269)
This Amendment Number 1 to an Agreement dated June 7, 1989,
between the State of Illinois, Department of Transportation,
and the City of Evanston is hereby made and entered into by the
parties thereto in order to adjust the Net Project Cost and
related calculations in accordance with consrtuction which has
been approved by the Department. In consideration of the
mutual covenants contained herein and in such Agreement as
hereby amended, the Parties agree as follows:
To amend "ITEM 1 - THE PROJECT" by deleting the last
sentence and by inserting in lieu thereof the following:
"The project, which is more particularly described in the
plans,specifications and schedules set forth in the
Grantee's final application, is generally described as
Force Account services provided by the Chicago Transit
Authority (CTA) and the construction of the Evanston
Transportation Center.
To amend "ITEM 2 - AMOUNT OF GRANT" by deleting the first
paragraph of said Item and by inserting in lieu thereof the
following:
The Net Project Cost is estimated to be $8,000,000. The
Department agrees to administer and to pass through the
Federal Grant pursuant to and in accordance with the terms
of Federal Transportation Administration Project Number
IL-23-9028, in an amount equal to 85 percent of the actual
Net Project Cost or $6,800,000 whichever is less. The
Department agrees to make a State grant pursuant to and in
accordance with CAP-86-293-IST, in an amount equal to 15
percent for the actual net Project Cost, as determined by
the Department upon completion of the Project or
$1,200,000, whichever is less. The Department at its sole
discretion may agree to increase the amount of the State
Grant in excess of the amount specified herein in the event
that the amount of the Federal Grant made in connection
with this Project is subsequently increased, but in no
event shall the total amount of the State Grant provided by
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Page 2 of 2 Pages
the Department -under this Agreement or any subsequent Amendment
. to this Agreement exceed 15 percent of the Actual Net Project
Cost. All State obligations under this Agreement shall be
contingent on continued Federal participation in Project Number
IL-23-9028.
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•
ITEM 3 - BRIBERY CERTIFICATION CLAUSE,
The City of Evanston certifies that it has not committed
bribery or attempted to bribe an officer or employee of the
State of Illinois, nor has the City of Evanston made an
admission of guilt of such conduct which is a matter of record,
nor has an official, agent, or employee of the City of Evanston
committed bribery or attempted bribery on behalf of the City of
Evanston pursuant to the direction or authorization of a
responsible official of the City of Evanston.
The parties hereto agree that the Agreement dated June 7, 1989,
as amended, between the Parties is in all other respects
ratified and reaffirmed and that it continues in full force and
effect as hereby amended.
IN WITNESS WHEREOF, the Parties hereto have caused this
Amendment Number 1 to be made effective and executed this
day of ° - 19_, by their respective duly authorized
officials.
CITY OF EVANSTON
By:
Title:
Attest:
Accepted on behalf of the State of Illinois
Department of Transportation
Secretary
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. Project No. IL-23-9028/CAP-86-293-IST
Contract No.1269
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LJ
Certificate of Grantee's Attornev
I, acting as Attorney for the
City of Evanston, do hereby certify that I have examined this
Agreement and the proceedings taken by the City of Evanston has been
duly authorized by the City of Evanston action
dated (a copy of which is attached) and that
the execution of this Agreement is in all respects due and proper and
in accordance with applicable State and local law. and further that,
in my opinion, said Agreement constitutes a legal and binding
obligation of the City of Evanston in accordance with the terms
thereof. I further certify that to the best of my knowledge there is
no legislation or litigation pending or threatened which might affect
the performance of the Project in accordance with the terms of this
Agreement.
Dated this day of , 19_.
Signature
Title
CITY OF EVANSTON
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
. I hereby certify on
(name & title of grantee official)
behalf of that:
(name of grantee)
(1) 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 an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal Grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this
Federal Contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all
• subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon
which reliance is placed when this transaction was made or
entered into. Submission of this certification is a
prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Executed this day of , 19_
2296x
•
By
(signature of authorized official)
(title)
9
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SPECIAL NOTICE FOR LIMITATION ON USE OF
GRANT OR CONTRACT FUNDS FOR LOBBYING
• Lobbying restrictions were established by Section 319 of Public
Law 101-121 (Department of the Interior and Related Agencies
Appropriation Act for Fiscal Year 1990).
•
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The law prohibits Federal Funds from being expended by the
recipient or any lower tier subrecipients of a Federal
contract, grant, loan, or cooperative agreement to pay any
person for influencing or attempting to influence a Federal
agency or congress -in connection with the awarding of any
Federal grant or loan, or entering into of any cooperative
agreement. The extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan, or
cooperative agreement is also covered.
Suburban Interstate Transfer contractors, and consultants, as
well as lower tier subcontractors and subconsultants are also
subject to the lobbying prohibition. To assure compliance, a
certification provision (copy attached) shall be included in
all Suburban Interstate Transfer construction solicitations and
contracts, and consultant agreements exceeding $100,000 in
Federal funds. Implementation of this requirement shall begin
with professional services and engineering, and consultant
agreement approvals as soon as practical after receipt of this
memorandum.
State agency certifications will be kept in the FTA Regional
Offices. Lower tier certifications should be maintained by the
next tier above. (i.e. prime contractors will keep the
subcontractor's certification on file, etc.).
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11
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STATE of nzz m is
DRUG FREE Woraam ACE 6xjU .LCATIGN .
This certification is required by the Drug Free workplace Act
(111. Rev. Stat., ch. 127, par. 152.311). The Drug From Workplace Act,
effective January 1, 1992, requires that no grandee or coa —actor shall
receive a grant or be considered for the purposes of being awarded a
..%O,.L6"Ct for the of any ar services from the State
=lens that grantee or c mwtractor has certified to the State that the
grantee or will provide a drug free workplace. False
certification or violation of the certification may result in sanctions
including, but not limited to, suspension of ......L.....L or grant payments,
termination of the contract or grant and debarment of ......L.,.cting or
grant ..rr,. L xnities with the State for at least am (1) year but not
more than five (5) years.
For the purpose of this certification, "grantee" or
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 cw � ze from the State.
The contractor/grantee certifies and agrees -that it will provide a
drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a
controlled substance, including cannabis, is prohibited
in the grantee's or, ....4.1.+..ctor'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 ►.vuL&,Act 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 o==ring _in the
workplace no late& than five (5) days after such
conviction. ._
(b) Establishing a drug free awareness 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 psi; and
'.
(4) the penalties that may be imposed upon an employee for
drug violations.
(c)
Providing a copy of the statement requited by IP�9raph
(a) to each employee engaged in the of the
..W..L.W69Act or grant and to post the statement in a prominent
!
place in the vorkplace.
(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 othervise
receiving actual notice of. such conviction.
(e)
Imposing a sanction on, or requiring the satisfactory
participation in a drug abuse assistance or rehabilitation
r.&%Oy"A" by, any employee who is so convicted, as required by
section 5 of the Drug Free Workplace Act.
(f)
Assisting employees in selecting a course of action in the
event drug counseling, treatment, and rehabilitation is
required and indicating that a trained referral team is in
place.
• (g)
Making a good faith effort to continue to maintain a drug
free workplace through implementation of the Drug Free
Workplace Act.
THE UNDERSIGNED AFFIRMS, UNDER;PENALTIFS OF PERJURY, THAT HE OR
SHE IS AUTHORIZED TO E?CECL= THIS 4z-ju1riCATION ON BEHAl2 OF THE
DESIGNATED
ORGANIZATION.
Printed Name of Organization
Signature of Authorized
Representative
Printed Name and Title
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Requisition/Contract(
Grant ID Number
Date
•
•
Illinois Department of -Transportation
Division of Public Transportation
310 South Michigan Avenue -16th. Floor
Chicago, Illinois 60604
EXHIBIT B
APPROVED PROJECT BUDGET
City of Evanston
I1-23-9028 /CAP-86-293-I ST, Contract #1269
Budget #2
The application to the Illinois Department of Transportation,
Division of Public Transportation (IDOT) and the application by IDOT
to the Urban Mass Transportation Administration (IL-23-9028) are
hereby incorporated by reference as part of this Approved Project
Budget.
Approved budget items and corresponding cost estimates are as follows:
Project Budget
Line Item Code Description Budget #1 Change Budget #2
15.08.02 Const Inspection
$132,765
$ (102,765)
$
30,000
(CTA Force Account)
15.11.40 Construction
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7,802,278
7,802,278
Sub Total
$132,765
$7,699,513
$
7,832,278
32.00.00 Contingencies
13,277
154,445
167,722
ESTIMATED NET PROJECT COST
$146,042
$7,853,958
$
8,000,000
PROJECT FINANCING
Federal Share (85%)
$1249136
$6,675,864
$
6,800,000
State Share (15%)
219906
1,178,094
1,200,000
TOTAL PROJECT COST
$146,042
$7,853,958
$
8,000,000
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