HomeMy WebLinkAboutRESOLUTIONS-1994-040-R-945.20.94
40-R-94
A RESOLUTION }
Authorizing the City Manager to Execute an Agreement
for Railway -Highway Grade Separation Improvement
Project: BRM-7003(89)
WHEREAS, Ridge Avenue (FAU Route 3509) is located in Evanston,
Cook County, Illinois, and as a dual two-lane highway extends over
the main tracks and across the right-of-way of the Chicago Transit
Authority, a municipal corporation "Company", by means of existing
overpass structures and approaches thereto, at a location north of
Howard Street. The present northbound and southbound highway
traffic is carried over the tracks by a four -lane structure built
in 1924; and
WHEREAS, the State of Illinois, acting by and through its
Department of Transportation ("State") current improvement program
contemplates the replacement of the four -lane structure for highway
traffic at this location, and afforded by 1) removing the 1924
structure, 2) constructing a new structure for both northbound and
southbound traffic, along the existing alignment all substantially
as shown on the map included in "Exhibit An, attached hereto and
made a part hereof; and
WHEREAS, the State, the City of Evanston "City", and the
Company propose to construct a new overpass structure and
• approaches along Ridge Avenue spanning the railroad tracks, said
improvements to be designated as City Section 92-00201-00-BR, State
40 Job Number C-91-346-92, Federal -Aid Project No. BRM-6003 (994); and
WHEREAS, in conjunction with the aforementioned project the
Company will be required to make certain adjustments to their
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signal and communication facilities and other appurtenances and
furnish flaggers and other personnel as required' -to protect their
equipment, employees and passengers during construction; said work
to be designated as City Section 9-00201-01-RR, State Job No. C-91-
592-93 and Federal Project No. BRM-7003(89); and
WHEREAS, the proposed grade separation improvement shall be
financed in part with Bridge Replacement and Rehabilitation Funds
(BRRP) as made available by the Federal -Aid Highway Act.
WHEREAS, the City Council of the City of Evanston has
determined that it is in the best interests of the City to enter
into a Department of Transportation Agreement for railway -highway
grade separation improvement project: BRM-7003(89). •
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 sign, an agreement in
substantially the same terms as that attached hereto as Exhibit A
and made a part hereof, for the Railway -Highway Grade Separation
Improvement Project: BRM-7003(89).
SECTION 2: This Resolution shall be in full force
and effect following its passage and approval in the manner
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required by law.
Mayor •
A
City Clerk
Adopted: 9 r i �02- 1994
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STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
RAILWAY -HIGHWAY GRADE SEPARATION IMPROVEN[ENT
PROJECT: BRM-7003 (89)
THIS AGREEMENT made and entered into by and between the STATE
OF ILLINOIS, acting by and through its Department of Transportation,
hereinafter referred to as the "STATE", Party of the First Part, and the City of
Evanston, State of Illinois, acting by and through its City Council hereinafter
referred to as the "CITY", Party of the Second Part, and the Chicago Transit
Authority, a municipal corporation acting by and through its Chicago Transit
Board, hereinafter referred to as the "COMPANY", Party of the Third Part,
WITNESSETH:
THAT, WHEREAS, Ridge Avenue (FAU Route 3509) is located in
Evanston, Cook County, Illinois, and as a dual two-lane highway extends over
the main tracks and across the right-of-way of the COMPANY, by means of
existing overpass structures and approaches thereto, at a location north of Howard
Street. The present northbound and southbound highway traffic is carried over
the tracks by a four -lane structure built in 1924; and
WHEREAS, the STATE'S current improvement program contemplates the
replacement of the four -lane structure for highway traffic at this location, and
afforded by 1) removing the 1924 structure, 2) constructing a new structure for
both northbound and southbound traffic, along the existing alignment all
substantially as shown on the map designated as "Exhibit A", attached hereto and
made a part hereof; and
WHEREAS, the STATE, the CITY, and the COMPANY propose to
construct a new overpass structure and approaches along Ridge Avenue spanning
the railroad tracks, said improvements to be designated as CITY Section 92-
00201-00-BR, STATE Job Number C-91-346-92, Federal -Aid Project No. BRM-
6003 (994); and
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WHEREAS, in conjunction with the aforementioned project the
COMPANY will be required to make certain adjustments to their signal and
communication facilities and other appurtenances and famish flaggers and other
personnel as required to protect their equipment, employees and passengers
during construction; said work to be designated as CITY Section 93-00201-01-
RR, STATE Job No. C-91-592-93 and Federal Project No. BRM-7003(89); and,
WHEREAS, the proposed grade separation improvement shall be financed
in partwith Bridge Replacement and Rehabilitation Funds (BRRP) as made
available by the Federal. -Aid Mghway Act.
NOW, THEREFORE, -in consideration of the premises and of the inutual
covenants and agreements as hereinafter contained, the parties hereto agree as
follows:
SECTION 1: The project covered under this agreement shall be subject
to all appropriate Federal laws, rules, regulations, orders and approvals pertaining
• to all agreements, specifications, award of contracts, acceptance of work and
procedure in general. The STATE and the COMPANY shall be governed by the
applicable provisions of the Federal -Aid Policy Guide (hereinafter referred to as
the Policy Guide, Transmittal 1, Subchapter G, Part 646, dated December 9,
1991, and any supplements or amendments thereto.
SECTION 2: By separate documents, arrangements are being made for
the COMPANY to convey to the STATE the rights necessary to construct this
grade separation improvement. Construction work on COMPANY'S property
provided for in this agreement shall not be started until the necessary rights have
been received by the STATE. The property rights to be utilized will be indicated
in the separate documents and made a part hereof.
SECTION 3: The STATE and the CITY shall secure or cause to be
secured, without expense to the COMPANY, all the properties required for or
incidental to the construction of the Ridge Avenue structure, excepting those
9 provided for in Section 2 hereof.
SEOTON 4: The plans and estimates of cost for changes in railroad
facilities on the COMPANY's right-of-way, as necessitated by the proposed
improvements, shall be prepared by or for the COMPANY at the expense of the
STATE and CITY, and all such plans and estimates shall be subject to review and
acceptance by authorized representatives of the STATE and the CITY.
The preliminary and detailed plans, field surveys and any necessary
specifications and special provisions for construction of the proposed structure,
and all highway appurtenances as affected, shall be prepared by or for the
STATE, CTrY and COMPANY by the City's Consulting Engineer, and all such
plans, specifications and special provisions as will affect the COMPANY's
interests shall be subject to approval by authorized representatives of the
COMPANY. The CITY, at the shared expense of said CITY and the STATE and
underr the supervision of the STATE, shall carry out the inspection of the work
performed by the STATE'S contractor, including the mill and shop inspection •
incidental t4 the fabrication of the superstructures and the checking of shop plans
for the ,supermuctum as will be prepared by the STATE's contractor.
SEMON g: No changes shall be made on any approved plans,
specifications or special provisions by any party hereto without the consent in
writing of the other parties. All parties shall have an authorized representative
available at all reasonable times to approve such changes.
SECTION 6: The parties hereto shall construct or cause -to be
constructed, in substantial accordance with the approved plans, specifications and
special provisions, the following items of work:
I. WORK BY THE STATE: The STATE shall furnish, or cause to
be furnished, all the labor, materials and work equipment required
to perform and complete:
A. The construction of the new roadway and the grade
separation over the tracks; and is
B. Incidental work necessary to complete the items
hereinabove specified.
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The STATE'S work shall be awarded to a competent and
experienced contractor (or contractors) who has (have) adequate
equipment, organization and finances, and the COMPANY shall
be notified of the contractor (or contractors) receiving such award
for all work affecting the COMPANY's interest.
II. WORK BY THE COMPANY: The COMPANY shall furnish, or
cause to be furnished, and in accordance with the stipulations
contained in the Federal Highway Administration's Federal -Aid
Policy Guide, Transmittal 1, Subchapter G, Part 646, dated
December 9, 4991, and supplements thereto, all the -labor,
materials and work equipment required to perform and complete:
A. The preliminary engineering required for the preparation of
the plans and estimates as set forth in Section 4.
B. The furnishing of flaggers and other personnel as required
to protect railway traffic in connection with the work to be
performed by the COMPANY and by the STATE's
contractor.
C. The performance of (1) the office engineering for
reviewing the plans, specifications and special provisions
prepared by or for the CITY and STATE, as described in
Section 4 above;: (2) the essential field and construction
engineering for carrying out the COMPANY's work as
above specified, and (3) the inspection of the erection and
construction of the highway overpass structure to the extent
as determined by the parties hereto.
D. Incidental work necessary to complete the items
hereinabove specified.
The COMPANY's work is estimated to cost S216,000.00, as
• shown on the detailed estimate marked "Exhibit B", attached
hereto and made a part hereof.
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M. DIVISION OF EXPENSE: The actual expense as incurred by the
COMPANY for work performed as outlined under Section 6,
subheading (I), shall be borne 100% by the STATE subject to
reimbursement of 80 % Federal funds and 10 % City funds.
SECTION 7: The COMPANY, for performance of its work as herein
specified, may bill the STATE monthly (in sets of two) for its actual expense
incurred. The progressive invoices may be rendered on the basis of the estimated
percentage of work completed plus allowable additives. The STATE, after
verifying with the CITY, that the bills are reasonable and proper, shall promptly
reimburse the COMPANY for. the amount billed. Payment under this paragraph
shall not be claimed for any bill totaling less than $500.00.
The COMPANY, upon completion of its work, shall promptly render to
the STATE a detailed final statement (in sets of two) of its actual expense
incurred. After the STATE has checked the final statement and agreed with the
COMPANY that the costs are reasonable and properly set up, insofar as they are
able to ascertain, the STATE shall then reimburse the COMPANY an amount,
less previous payments, if any, equal to 95 % of the amount billed. After final
inspection of the installation has been made and the STATE has audited the
expense as incurred by the COMPANY, the STATE shall reimburse the
COMPANY for the retained amounts less the deduction of any item (or items) of
expense found as not being eligible for reimbursement.
SECTION 8: Subsequent to the award of any contract (or contracts), and
before any work is started on the improvement, a conference shall be held
between the representatives of the STATE, the CITY, and the COMPANY, and
the interested contractor (or contractors), at a time and place as designated by the
STATE, for the purpose of coordinating the work to be performed by the parties,
and at which time a schedule of operations will be adopted.
SECTION 9: The STATE shall require its contractor (or contractors),
before entering upon the COMPANY's right-of-way for performance of his (or .
their) construction operations, or work preparatory thereto, to secure a temporary
construction easement from the COMPANY for the occupancy and use of the '
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. COMPANY's right-of-way outside the limits identified in Section 2, and to
comply with the COMPANY'S requirements for clearance, operations and general
safety regulations. _
.SECTION 10: The safety°and continuity of operation of the traffic of the
COMPANY shall be at all times protected and safeguarded, and the STATE shall
require its contractor (or contractors) to perform the work accordingly.
At no time shall the contractor's work or equipment be allowed to unduly
interfere with or interrupt the COMPANY'S trains or service. The minimum
clearances to allow passage of trains, with reference to the COMPANY'S tracks,
of any necessary falsework, equipment, bracing or forms as required for the
reconstruction of the Ridge Avenue Bridge, shall be not less than,
Vertical - 14 feet 6 inches above top of high rail; and
Lateral - 8 feet 0 inches from centerline of nearest track.
Whenever the work may affect the safety of trains, the method of doing
such work shall first be submitted to the COMPANY's authorized representatives
for their approval, without which it shall not be commenced or prosecuted, and
such approval shall not be unreasonably withheld. The approval of the
COMPANY's authorized representatives shall not be considered as a release from
responsibility, or liability for any damage which the COMPANY may suffer, or
for which they may be held liable by the acts of the contractor, or those of his
subcontractor, or his or their employees.
SECTION 11: The STATE shall require its contractor (or contractors),
upon the completion of the work of such contractor (or contractors), to remove
from within the limits of the COMPANY's right-of-way all machinery,
equipment, surplus materials, temporary bridges, falsework, rubbish or temporary
buildings of such contractor (or contractors), and to leave the right-of-way upon
which the said contractors carried on operations in a neat condition, satisfactory
to the authorized representative of the COMPANY.
SECTION 12: The STATE shall require its contractor (or contractors) to
perform his (or their) work in accordance with the "Standard Specifications for
Road and Bridge Construction% adopted July 1, 1994, and the "Supplemental
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Specifications' in effect on the date of invitation for bids. The
Protective Public Liability and Property Damage Liability policy shall have a
combined single limit not less than $2,000,000 per occurrence and a $6,000,000
minimum aggregate limit naming the COMPANY as the insured and the CITY
as additionally insured, and shall be in the form set forth in the Federal Highway
Administration's Federal -Aid Policy Guide, Transmittal 1, Subchapter G, Part
646, dated December 9, 1991, and modifications thereto.
The STATE shall require its contractor(s) to indemnify and save harmless
the COMPANY and the CITY from and against any and all liability, damages,
costs and expenses for loss or damage to any property whatsoever and injury to
or death of any persons whomsoever, arising or growing, in whole or in part, out
of or in connection with the performance of any of the work on the reconstruction
of said viaduct structure. The STATE shall insert the necessary clause or clauses
into all contracts and specifications for the project.
SECTION 13: When the construction of this grade separation project is
completed, the maintenance and jurisdiction of the completed structure shall be
divided between the CITY and COMPANY as follows. The CITY will maintain
that portion of the structure deck, sidewalks and parapet handrail located above
the substructure (I -beams). The COMPANY shall maintain the remaining portion
of the structure such as I -beams, piers, abutments, drainage systems, etc. In the
event of railway derailments, accidents or collisions growing out of the operations,
of the COMPANY, and resulting in damage to the highway overpass structure,
the CITY shall make the repairs necessary to restore said structure for which they
have maintenance responsibilities substantially to its former condition and the
COMPANY agrees to reimburse the CITY for the actual cost of such repairs.
Insofar as the maintenance work to be performed by the CITY affects the safety
of railroad operations, it shall be subject to approval by the Chief Engineer(s) of
the COMPANY, which approval shall not be unreasonably withheld.
If at any time the COMPANY reasonably determines that maintenance •
work is required on the part of the structure that the CITY is obligated hereby to
maintain for the continued safety of railroad operations, the CITY shall, upon
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notification by the COMPANY, make, or by agreement with others provide for,
the necessary repairs. Repairs will not be deemed necessary if the CITY
furnishes documentation that said part of the structure is structurally sound and
in compliance with STATE and/or Federal requirements. If the CITY does not
proceed promptly with such repairs, and in the opinion of the COMPANY's
Chief Engineer(s) they are required for the safety of railroad operations, the
COMPANY shall make the repairs necessary to restore the structure substantially
to its former condition, and the CITY agrees to reimburse the COMPANY for the
actual cost of such repairs.
The CITY shall have --no liability of any kind, for interruption of the
COMPANY'S operations, or otherwise, to the COMPANY in the event that
repairs or maintenance to the aforesaid structure which the CITY is obligated
hereunder to perform or which it does perform, require or result in alteration or
cessation of the COMPANY'S services or operations.
The CITY agrees to defend, indemnify to the extent "allowed by law" and
. save harmless the COMPANY, their successors and assigns, from and against any
and all liability, loss, cost, damage, expense and claims of every kind and
character due to personal injury, wrongful death and property damage, arising
directly or indirectly out of or incident to the CITY's obligation to maintain the
CITY's portion of the highway overpass structure, the highway approaches
thereto, and all other appurtenances of the highway, unless such incident is the
result of the COMPANY's negligence.
SECTION 14: The respective portions of the new structure as outlined
in Section 13 for maintenance and jurisdiction shall become the property of the
CITY and the COMPANY upon its completion. The STATE shall have no
ownership interest in the new structure.
SECTION 15: In order to fulfill its maintenance obligation, the CITY
shall have access to the overpass structure at all times within the limits of the
• overpass, for the performance of inspections, repair and maintenance. The
COMPANY shall be notified whenever such actiNities affect their operations.
The CITY shall secure permission from the COMPANY for the use and
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occupancy of the COMPANY's right-of-way prior to the commencement of any
maintenance work. All repair or maintenance work shall be performed in
accordance with the applicable STATE's Standard Specifications in effect on the
date the work is performed.
SECTION 16: In the event that delays or difficulties arise in acquiring
right of entry or in settling damages or damage claims, or for any other cause
which in the opinion of the STATE renders it impracticable to proceed with the
construction of the project, then at any time before a construction contract is
executed or actual construction is started, the STATE may serve formal notice of
cancellation upon the CITY 'and the COMPANY and this Agreement shall
thereupon become null and void; excepting prior to the termination of this
Agreement the COMPANY shall present a bill to the STATE for the actual
expense it has previously incurred in connection with this grade separation
project, and after the STATE, has reviewed the bill, a settlement between the
parties shall be promptly concluded.
SECTION 17: It is the policy of the U.S. Department of Transportation
that minority business enterprises, as defined in 49 Code of Federal Regulations
(CFR) Part 23, shall have the maximum opportunity to participate in the
performance of agreements financed in whole or in part with Federal funds.
Consequently, the minority business enterprises requirements of 49 CFR Part 23
apply to this agreement.
In the event any work is performed by other than COMPANY forces, the
COMPANY agrees to ensure that minority 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 COMPANY shall take all necessary and
reasonable steps, in accordance with 49 CFR Part 23, to ensure that minority
business enterprises have the maximum opportunity to compete for and perform
portions of this agreement. The COMPANY shall not discriminate on the basis
of race, color, national origin or sex in the selection and retention of contractors,
including procurement of materials and leases of equipment.
The CObfPANY shall include this provision in every sub -agreement,
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including procurement of materials and leases of equipment.
Failure to carry out the requirements set forth above shall constitute a
breach of agreement and may result in termination of the agreement or such
remedy as deemed avr.%jr.:ate.
In the event any work is performed by other than COMPANY forces, the
requirements of the Prevailing Wage Act approved June 26, 1941, as amended,
shall prevail.
SECTION I &: This Agreement shall be binding upon the parties hereto,
their successors and assigns.
IN VIUNESS WHEREOF, the parties have caused these presents to be
executed in quadruplicate counterparts, each of which shall be considered as an
original, by their proper officers thereunto. duly authorized, as of the dates below
indicated.
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Executed by the CITY, this
day of
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, 1994
CITY OF EVANSTON, Acting by
and through its City Council
by
City Manager
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Executed by the STATE, this
day of
, 1994
STATE OF UJ INOIS, Department ..
of Transportation
by
Director of Highways
Executed by the COMPANY, this CHICAGO TRANSIT AUTHORITY,
day of , 1994
Attest:
Secretary
Doc 2049\agmts.wp\egm
by
Chairman, Chicago Transit Board
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. 81CHIBIT •B•
ESTIMATE OF COST FOR CTA FORCE WORK.TO BE
PROVIDED FOR Tr RIDGE
AVENM BRIDGE IMPROVEMENT:
The following personnel and work items are
anticipated. Some of
this work will be performed on an overtime
basis at time and half
or double time premium rates.. The current
fringe benefit rate is
53.2i of direct labor. In any case, only actual costs plus
allowable Administrative/Accounting costs
(20t contemplated for
estimating purposes only) will be billed.
(1) Engineering Design/Construction Review & Coordination -
$9,000
(2) Construction Inspector/Liaison
$41,000
(3) Flagging
$82,000
{4) Cable Relocation
$36,000
Survey
•
15) Track Displacement/Settlement
$4,000
(6) Track Restoration
524.000
{7} Miscellaneous and Contingency
$20,000
TOT_.:., 5216, cnw0
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