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HomeMy WebLinkAboutRESOLUTIONS-1992-077-R-9210-07-92 • 77-R-92 A RESOLUTION Authorizing the City Manager to Enter a Construction Services Agreement with the Chicago Transit Authority for the Restoration of the South Boulevard EL Station WHEREAS, the City of Evanston ("City") in cooperation with the Chicago Transit Authority ("CTA") proposes to rebuild and restore the historic terra cotta facade on the LTA's South Boulevard EL Station on the Evanston line; and WHEREAS, the CTA has agreed to transmit to the City up to $10,000 of CTA capital funds towards said restoration; and WHEREAS, the City has contracted with Pinel Andrews Construction for the restoration of the South Boulevard EL Station; and • WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to enter an interagency Agreement, attached as Exhibit A, with the CTA for the restoration of the South Boulevard EL Station, NOW, THEREFORE, BE IT RESOLVED: SECTION 1: That the City Manager of the City of Evanston is hereby authorized and directed to enter into an Agreement with the CTA to restore the South Boulevard EL Station. SECTION 2: That the Agreement shall be in substantial conformance with the proposed Agreement attached hereto and incorporated herein by reference as Exhibit A. 77-0-92 SECTION 3: That this Resolution shall be in full force • and effect from and after its passage, and approval. \ 1 Mayor ATTEST: City Clerk Adopted• oZ 6 , 1992 0 • CONSTRUCTION SERVICES AGREEMENT between CHICAGO TRANSIT AUTHORITY (Authority) and CITY OF EVANSTON f or SOUTH BOULEVARD EL STATION RENOVATION PROJECT • CTA JOB ORDER NO. 0765 RTA PROJECT NO. CTA-109-90-D CTA CONTRACT NO. 101205 • • AGREEMENT THIS AGREEMENT, made and entered into as of this day of , 19 , by and between the CITY OF EVANSTON, a Municipal Corporation of the State of Illinois, acting through its Department of Planning and Zoning, hereinafter referred to as the "CITY", and CHICAGO TRANSIT AUTHORITY, a Municipal Corporation of the State of Illinois, hereinafter referred to as the "AUTHORITY" WITNESSETH THAT: WHEREAS, the CITY in cooperation with the AUTHORITY proposes to rebuild and restore the historic terra cotta facade on the AUTHORITY's South Boulevard Station on the Evanston Line, hereinafter referred to as the "Project"; and WHEREAS, the AUTHORITY has Unanticipated Capital funds in a grant from the Regional Transportation Authority (RTA) which will be used for partial construction of the PROJECT; and WHEREAS, the CITY will provide the balance of funding required to complete the scope of work; and • WHEREAS, the CITY and the AUTHORITY have indicated their desire to cooperate in the implementation of said project, and will undertake the PROJECT, NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter contained agree as follows: 1. SERVICES AND WORK TO BE PERFORMED BY CITY. The. CITY shall perform and carry out, in a satisfactory manner, the following scope of services and work: A. Restore the terra cotta facade of the South Boulevard Rapid Transit station on the CTA's Evanston line. B. Provide incidental improvements at South Boulevard station as approved by CTA. C. Perform general engineering services, construction supervision services, material inspection and testing services, project administration, and any other services required to complete the PROJECT. • • D. CONFERENCES. The CITY shall attend such conferences with representatives of the AUTHORITY and other interested agencies as may be required in connection with the PROJECT. E. MONTHLY INVOICES. The CITY shall submit a progress report to the AUTHORITY once each month, and an invoice on forms furnished by, and itemized as required by the AUTHORITY. The invoice shall be for work and services completed during the invoice period. Payment will be made on the basis of approved invoices and supporting papers. The CITY shall indicate on each month's invoice, or in the transmittal letter, or on a progress report accompanying the invoices, the percentage of completion of all work and services under this Agreement, as of the date of the invoice. 2. COOPERATION. The CITY and the AUTHORITY shall, during the time of this Agreement, cooperate with City, State and Federal Agencies, utility companies and all other agencies working on other phases of the PROJECT, so as not to interfere with or hinder the progress or completion of work. 3. TIME OF 'WORK AND SERVICES. The work and services of • the CITY shall begin upon execution of this Agreement and shall be completed by January 1, 1993 unless the time is extended by mutual agreement; provided, however, that the landscaping not be installed until April or May of 1993, after any threat of frost. 4. BASIS OF PAYMENT. The AUTHORITY will pay the CITY for work and services performed under this Agreement on the following basis: A. For contract costs at the actual cost incurred by the CITY, with no percentages added. B. For direct payroll costs plus a percentage of said direct payroll costs to cover the cost of fringe benefits and overhead. C. For materials and equipment purchased by the CITY, or used from CITY stock, at the actual cost of said materials and equipment to the CITY, plus a percentage to cover the cost of purchasing, storage, handling and transportation. D. For equipment and tools used for Force Account work under this Agreement, at the rates normally -2- • • charged by the CITY for such use, except that no depreciation or use charge will be allowed on any assets that would be considered as fully depreciated, provided, however, that reasonable use charge may be made for any such assets if warranted after taking into consideration the cost of the time involved, the estimated useful life remaining, the effect of any increased maintenance charges or decreased efficiency due to age, and any other factors pertinent to the utilization of the item for the purpose contemplated. E. Rates and percentages used herein shall be the same as those used by the CITY in its internal accounting system. Rate changes occur periodically and as they do, payments shall be adjusted to the effective date of the new rate. Rates used herein shall be the same rates used by the CITY to bill all funding agencies for costs incurred under the CITY's capital grant program, and such costs are in full compliance with Federal OMB Circulars A-87 and A-102 and • OASC-10. F. For all types of work and services performed by the CITY, reimbursement by the Authority shall be subject to the maximum compensation specified in Section 5 of this Agreement. G. The AUTHORITY shall remit payment to the CITY within 30 days of receipt of the invoice. 5. COMPENSATION. The maximum compensation to be paid to the CITY under this Agreement shall be $10,000 to be paid from Job Order No. 0765. 6. PAYMENT FOR CHANGES (AMENDMENTS). If modifications to the scope of services or work resulting from changes made by mutual agreement cause an increase or decrease in the CITY's cost of, or time required for, performance of the Agreement, an equitable adjustment shall be made and the Agreement amended. Any claim by the CITY for adjustment under this clause must be submitted in writing to the CTA's President within 30 days of receipt by the CITY of the notification of change unless the CTA's President grants a further period of time. The AUTHORITY will initiate an amendment to the Agreement for these additional services, and will pay the CITY, after prior approval of the funding agencies as appropriate. • Invoices for payment shall have these costs tabulated separately. -3- • 7. AUDIT, INSPECTION, AND RETENTION OF RECORDS. The CITY shall maintain records showing actual time devoted and cost incurred. The CITY shall permit the authorized representative of the AUTHORITY, the U.S. Department of Transportation, the Comptroller General of the United States and the RTA to inspect and audit all data and records of the CITY for work done under this Agreement. The CITY shall make these records available at reasonable times during the Agreement period and for at least three (3) years from the date of final payment of RTA funds to the CITY. 8. FINANCIAL ASSISTANCE. This Agreement is subject to the provisions of financial assistance contracts between the AUTHORITY and the RTA, and is further subject to the availability of funds thereunder. The City agrees to be bound by and to comply with all applicable provisions of the Public Transportation Capital Grant Agreement (the "Grant Agreement") between the RTA and CTA (Grant # CTA-109-90-D) a copy of which is attached hereto. All applicable provisions of the Grant Agreement are hereby incorporated by this reference into this Agreement. 9. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY. It is the policy of the U.S. Department of Transportation that disadvantaged business enterprises, as defined in 49 CFR Part • 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently the DBE requirements of 49 CFR Part 23 apply to this Agreement. The CITY agrees to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of this Agreement. In this regard, the CITY shall take all necessary and reasonable steps, in accordance with 49 CFR Part 23, to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform portions of this Agreement. The CITY shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The CITY shall include the provision of this Section in every subcontract, including procurement of materials and leases of equipment. Failure to carry out the requirement set forth above shall constitute a breach of contract and may result in termination of the Agreement or such remedy as deemed appropriate. -4- • • 10. EOUAL EMPLOYMENT OPPORTUNITY. In connection with the execution of this Agreement, the CITY shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The CITY shall take affirmative actions to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 11. SUBCONTRACTS. The CITY shall not enter into any subcontract or agreements, or execute any change -order to an existing contract or agreement, with respect to this Agreement, without the prior concurrence of RTA, to the extent that such concurrence is required by RTA. The AUTHORITY shall cooperate with the CITY in providing all information necessary to enable the CITY to make required submittals to the RTA. Furthermore, if the CITY subcontracts out a portion of the work such contract and subcontract work shall include insurance requirements acceptable to the CHICAGO TRANSIT AUTHORITY's Office of Risk and • Benefit Management including but not limited to railroad protective insurance and comprehensive general liability. Performance and payment bonds shall also be required by the CITY on such contracts. 12. INTEREST OF PUBLIC OFFICIALS. During their tenure or for one year thereafter no member, officer, or employee of the CITY, the AUTHORITY or other local public body with financial interest or control in this Agreement shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 13. INTEREST OF MEMBERS OF CONGRESS. No members of or delegates to the Congress of the United States or to the Illinois General Assembly shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 14. ILLINOIS HUMAN RIGHTS ACT. In the event of the CITY's non-compliance with the provisions of the Equal Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), the CITY may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the Agreement may be cancelled or voided in whole or part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this Agreement, the CITY agrees as follows: A. That it will not discriminate an against employee • g Y or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirma- tive action to rectify any such underutilization. B. That, if it hires additional employees in order to perform this Agreement or any portion thereof, it will determine the availability (in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for job classifications for which employees are hired in such a way that minorities and women are not underutilized. C. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or • mental handicaps unrelated to ability, or an unfavorable discharge from military service. D. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of of the CITY's obligations under the Illinois Human Rights Act or the Department's Rules and Regulations. If any such labor organiza- tions or representative fails or refuses to cooperate with the CITY in its efforts to comply with such Act and Rules and Regulations, the CITY will promptly so notify the Department and the contracting agency and will recruit employees from other resources when necessary to fulfill its obligations thereunder. E. That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. -6- • F. That it will permit access to all relevant books, records, accounts, and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. G. That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the Agreement obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this Agreement, the CITY will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the CITY will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or • municipal corporations. NOTE: With respect to the types of subcontracts referred to under paragraph G. of the Equal Employment Opportunity Clauses above, the following is an excerpt of Section 2 of the FEPC's Rules and Regulations for Public Contracts: "Section 2.10." The term "Subcontract" means any agreement, arrangement, or understanding written or otherwise, between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee): (1) For the furnishing of supplies or services for the use of real or personal property, including lease arrangements, which in whole or in part, is utilized in the performance of any one or more contracts; or (2) Under which any portion of the obligation under any one or more contracts is performed, undertaken, or assumed. 0 -7- 15. INSURANCE AND INDEMNIFICATION. The City certifies • that it is self -insured and in accordance with the CITY's budgeted estimate has funds available, and agrees to indemnify the AUTHORITY against and save it harmless from loss and damage to property, and injury to or death of any person or persons and from court costs and attorney's fees, and expenses incidental thereto, arising out of the work to be performed hereunder by the CITY, and caused by the negligence of the CITY, or any contractor or subcontractor for the CITY, or their respective officers, agents or employees. All CITY contracts and subcontracts for work shall provide for indemnification of the AUTHORITY. Prior to commencing work, all contractors performing work for the City shall submit insurance policies to the City of Evanston and to the CTA's Office of Risk and Benefits Management. All insurance policies shall name the CHICAGO TRANSIT AUTHORITY as an additional named insured. All insurance policies and coverage shall be in a form acceptable to the CHICAGO TRANSIT AUTHORITY's office of Risk and Benefits Management. 16. TERMINATION -- FUNDS UNAVAILABLE. The AUTHORITY reserves the right to terminate this Agreement at any time after the date of this Agreement, by giving the CITY in writing, a notice of termination for the following reasons: A). The agency or agencies which are granting funds to the . CTA for this project notify the CTA of the termination of such grant(s). B). The funds which are to be granted to the CTA become unavailable due to legislative action or inaction or because of action by State or Federal agencies or officials. The notice shall be mailed certified to the CITY at its business address, and the effective date of termination shall be the date of receipt of the notice as shown on the certified mail return receipt. The AUTHORITY shall pay the CITY for the sums then due for acceptable services performed in accordance with this Agreement and costs incurred in.connection therewith up to the termination date. 17. TERMINATION FOR DEFAULT. The parties may at their sole discretion terminate this agreement for default if the other party fails to perform or comply with the terms of the Agreement. Prior to termination, notice of intent to terminate shall be mailed registered to the other party at its business address. Such notice of intent to terminate shall be mailed to the other party.45 days prior to termination and shall state the nature of the other party's default. In the event the other party does not cure such default within the 45 days, such termination shall thereupon become effective. Upon termination, the CITY has ten days in which all deliverables prepared to date, shall be turned over to the Authority. • -8 • The AUTHORITY shall pay the CITY for the sums then due for acceptable services performed and documented termination costs incurred. 18. ETHICS AND ANTI -COLLUSION. In accordance with paragraph 2.12 of the AUTHORITY's Code of Ethics, the CITY agrees that no payment, gratuity, political campaign contribution or offer of employment shall be made in connection with this Agreement by or on behalf of a contractor to the CITY, or higher tier subcontractor, or any person associated therewith as an inducement for the award of a contract, subcontract or order. Any Agreement negotiated, entered into, or proposed in violation of any of the provisions of this Chapter shall be voidable as to the AUTHORITY. The CITY warrants and represents that it is not barred from contracting with the AUTHORITY because of bid -rigging or bid rotating as defined by and pursuant to the Illinois Criminal Code, Ill. Rev. Stat., Ch. 38, Par. 33E-3, 33E-4. 19. NOTICE. Notice and communications under this Agreement shall be sent by first-class prepaid mail to the AUTHORITY, addressed to the Manager, Capital Grants Department, Chicago Transit Authority, P.O. Box 3555, Merchandise Mart Plaza, • Chicago, Illinois 60654 and to the CITY addressed to the City Manager, City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201-2796. Said notices shall be deemed received when mailed. 20. ASSIGNMENT. This Agreement or any portion thereof, shall not be assigned by the CITY without the prior written consent of the AUTHORITY. -9- • 17 IN WITNESS WHEREOF, the parties have caused these presents to be executed by their proper officers thereunto duly authorized as if the date first above written. ATTEST: ATTEST: By: CITY CLERK SECRETARY Approved as to form and legality: By: GENERAL COUNSEL RM82391 -10- CITY OF EVANSTON a Municipal Corporation CITY MANAGER CHICAGO TRANSIT AUTHORITY a Municipal Corporation • By: CHAIRMAN CHICAGO TRANSIT AUTHORITY BOARD •