HomeMy WebLinkAboutRESOLUTIONS-1999-023-R-993/22/99
23-R-99
A RESOLUTION
Authorizing the City Manager to Enter Into
an Agreement With the City of Chicago for
Improvement of Howard Street West of Ridge Avenue
WHEREAS, the City of Evanston and the City of Chicago have initiated a joint
improvement effort for the Howard Street corridor west of Ridge Avenue to the Evanston
City limits ("the Property"); and
WHEREAS, the Property is partially in Evanston and partially in Chicago; and
WHEREAS, the City of Evanston and the City of Chicago have identified a need to
0 improve the Property, said improvement to include ;pavement, resurfacing, new curbs and
gutters, new sidewalks, drainage repair, traffic signals, and street lighting (collectively, "the
Improvements"); and
WHEREAS, in order to implement the improvements, the City of Evanston and the
City of Chicago will procure services relating to the development of a conceptual design
and engineering plans (collectively, "design services") for the Property; and
WHEREAS, the City of Evanston and the City of Chicago have identified MTA, Inc.
("the Contractor") to perform the design services; and
WHEREAS, the City of Chicago has an existing agreement with the Contractor; and
WHEREAS, the City of Chicago and the City of Evanston have agreed ("the
• Evanston -Chicago Agreement") that the City of Chicago will issue a task order under that
existing agreement for the Contractor to provide the design services; and
23-R-99
WHEREAS, the Contractor has agreed to provide the design services in an amount •
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not to exceed a total of $300,000.00 subject to the terms and conditions of the existing
agreement between the City of Chicago and the contractor and the Evanston -Chicago
Agreement, execution of the latter of which is authorized by this Resolution; and
WHEREAS, the Evanston -Chicago Agreement allocates the costs of design
services between the City of Evanston and the City of Chicago;
WHEREAS, the City of Evanston and the City of Chicago are separate and
independent municipal corporations authorized to enter into the aforesaid Agreement in
accordance with the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1
et sea.; and
WHEREAS, it is desirable for the Howard Street improvement project to be i
coordinated between the City of Evanston and the City of Chicago; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
herein.
SECTION 1: That the foregoing recitals are hereby found as facts and incorporated
SECTION 2: That the City Manager is hereby authorized and directed to sign, and
the City Clerk hereby authorized and directed to attest on behalf of the City of Evanston,
an Agreement with the City of Chicago for Improvement of Howard Street west of Ridge
Avenue to the western Evanston City limits, attached hereto as Exhibit A and incorporated
herein by reference.
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23-R-99
• SECTION 3: That the CityManager is hereby authorized and directed to negotiate
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any additional conditions of the said Agreement as may be determined to be in the best
interests of the City of Evanston.
SECTION 4: That this Resolution shall be in full force and effect from and after the
date of its passage and approval in the manner required by law.
ATTEST:
C)T- 7�lerk
• Adopted:
•
' 1999
3
Mayor pro tem
MAR-19-99 11.24 PROM:DEPr OF TRANSPORTATION ID:13127422422 PACE 2/13
23-R-99
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AGREEMENT BETWEEN •
THE CITY OF CHICAGO, BY AND THROUGH
ITS D'EPA,RT.VMNT OF TRANSPORT.& MINN,
AND THE CITY OF E`' 4NSTOti
This Agreement. (the "Agreement"), made and entered into this day of
, I M by and between the City of Chicago (the "City'D, a municipal
corporation and home rule unit of goverrment under Article VII, Section 6(a) of the 1970
Constitution of the State oA"Minois, by and through its Department of Transportation (the
"Department"). and the City of Evanston ("Evanston"), a mimicipal corporation.
REMALS
WHEREAS, Evanston and the City have initiated a joint improvement effort for the
Howard Street corridor from kedge Avenue to Ridge Avenue (the "Property") which is depicted
on Exhibit A attached hereto and incorporated herein; and
WHEREAS, the Property is partially in Evanston and partially in the City; and
WIMREAS, Z-,,,3 ton and the Cit,. have identified a need to improve the Property, said
improvement to include pw,ement resurfacing, new curb and gutter, new sidewalk, drainage
repair, traffic signal3 and street lighting (collectively, the "Improvements"); and •
vXWEREAS, in order to implement the Improvements, the parties wish to procure
services relating to the development of a conceptual dsi;n and engineering plans for the
Property (collectively. the "Design Services"), as more specifically described in EYnibit B
attached hereto and incorporated herein; and
WHEREAS, .he parties have identified 'NfTA, Inc. (the "Contractor") tc• perform the
Design Senzxs; and
WHEREAS, the City has an existing term agreement (the "Contract") with the Contractor
(Spec. No. B59064603), and Evanston and the City desire the Cit;y to issue a task; order under
that Contract for the Contractor to provide the Design Services; and
WHEREAS, Lie Contractor has agreed to provide the Design Services in an amount not
to exceed S300.M subject to the terms and conditions :+f Lie Contract and this and
«AREAS, the Contractor has provided the City and Evanston with a lire item budget
(the "Budget"), which is attached hereto and incorporated herein as Exhibit C. for the Design
Services totaling $299.999.59; and
EXHIBIT A
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MAR-18-83 11=24 PROM%OEPT OF TRANSPORTATION 10%t3127422422 PAGE 3/13
• WHEM-AS, the Budget specifies a maximum cost per each line iterr: of the Design
Senices; and
WHEREAS, these line items may be grouped into two categories: (i) ftes for the design
of common elements, such as but not limited to soils, savey, phase I traffic, hydraulics and
sewers, preliminary roadway, public meetings, prefirW and final plans and review and agency
coordination (the "Shared Elements') and (i) fecs for the design of City elements or
enhancements of Shared Elements miguely beneftM. g the Ciy, such as but not limited to sewer
teleNising, phase I Iighting. streetscaping, and the lighting -component of prerin3l and final playas
(the "City Elements'); and
WHEREAS, the parties wish to allocate the costs of :he Design Services as follows: (i)
the City and Evanston will share equally the costs of the Design Services for the Shared
Elements and; (ii) the City will beer the costs of the Design Services for the City Elements; and
WWEREAS, the City and Evanstor are separate and independent municipal corporations
authorized to enter into this Agreement under the Constitution and the laws of the State of
Illinois in accordance with the provisions of the Intergovernmental Cooperation Act, S ILCS
220/1 e =., as amendcd; and
'.VHERSAS, it is desirable for this project to be undertaken in a xordinated and
comprehensive manner;
;`OPr, THERE: ORE, in consideration of the covenants and mutual agreements herein set
forth, the parties hereto agree as follows:
ARTICLE ONE: INCORPORATION OF RECITALS
The rtciWs se: forth abov a are incorporated herein by reference and made a part hereof.
-ARTICLE TWO: SERVICES AND FUNDING
A. peSip Sen-iccs
Subject to the terms and conditions of this Agreement, the Ci+' -Mil issue a f.ask
order to the Contractor under *he Contract to squire the Contractor to perform the Design.
Services. The City snail require a written acinowledoment frorr. the Contractor ghat the Budget
sets forth the maximurn cost per line item that the Contractor may charge for the Design
Se. -,.ices. inclusi,: e of all zees and expenses, including labor, burden, overhead, profit, and
reimbursable expenses for itself and for any consultants retained by it. Upon issuance of the task
order for the Design Services, the City shall give notice of said issuance. to Sv3nston. The City
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MAR-19-99 I1-25 PROM:DEPT OF TRANSPORTATION I0t13127422422 PAGE 4/13
wW require the Contractor to complete the Design Services %Lithin six (6) months after issuance
of the task order. •
2 Within fifteen (15) days after the executioc of this Azreement, or at the time of
issuance of the task or','= for the Design Services, whichevtsr i3 earlier, Evanston shall provide
the City the amount of $117,914.51, which is one-half of the maximum cost of the Shared
Elements to fund the perfortnaace of the Design Services. Evanston acknowledges that, if it fails
to meet its obligation in the foregoing sentence, the City shah have no obligations under this
Agreement.
3 If Coat -actor does not begin work within 45 days of the execution of this
Agreement, the City w.Il consult with Evanston to determine ii this Agreement should be
terminated. If the parties agree to terminate this Agreement, the City will return to Evanston all
funds ad-,mced by Evanston to the City for the Design Services, and this Agreement will
terminate.
4 Upon completion of the Design Services, t2he City shall require the Contractor to
provide the City and E•.•anston with one copy each of the plans and specifications for the
improvem:nt of the propert;•.
5 T-le maximum aggregate amount that thy; Ciry may pay for the Design Services is
S 182,085.08, which includes the costs of (i) the Clty's share of the Shared Elements and (ii) the
City Elements. The maximum aggregate amount ;ha: Evanston may Fay for the Design Services
is S117,914.5 i . which is the cost of Evanston's shave of the Shared Elements. •
B. 'Firniler Provisions Relating to Serviccs
ti ne City shall require the Contractor, before ,.onursencing work on the Property,
or :work preparatory ther:to, to ratify the authorized representative of Evanston for the purpose
of gaining authorized access to the portion of the Property in E%anstcn and to comply with
hisiher recommendations reiative to the requirements for genc,:al safety regulations. 'The City
small require the Contactor to Name Evanston as an addit".onal insured with respect to the Design
Services.
7 Evaastoa acknowledges and agree that the City, and its duly authorized
representatives and agents, and, subject to the requirements of paragraph 6 above, the Contractor,
shall have the right to enter tie Property for the purpose of performing the Design Senices.
8 The City shah not be obligated to perform or cswe to be rerformeo' the Design
Services if the Cic is precluded therefrom for reasons beyond C$c Cit;�4s reasonable control. Tf 3t
any point the Cornmiss:oaer of the Department determines that the City is precluded from
performing this Agreement, the City shad provide a re ar:d to Evanston of .Inds =ev-iously
MAR-19-99 11t29 PROM,OEPT OF TRANSPORTATION IOt13127422422 PAGE 5/13
provided by Evanston to the City under this Agreement that are not needed to pay the Contractor
• for services already provided by the Contractor up to the date of *.errnination of the Agreement.
9 During :he performance of the Design Services, the City shall provide, or cause
the Contractor to provide, Evanston with monthly «ritten status reports.
10 The City, upon completion of the Design Services, shall promptly render to
Evanston a detailed statetnent of the actual costs as incurred by the City for the Design Services.
After Evanston's representative has checked the fins: statement and agreed that the costs were
expended by the City in conformance with the Contract; the Cir,, shall reimburse Evanston for
the excess, if any, of the funds paid by Evenston over the actual costs of Evanston's share of the
Shared Elements.
11 In the event that the cost of the Design Services for the Shared Elements exceeds
S 117,914.51, subject to each party's appropriation of funds, the Cky and Evanston agree to share
equally the costs over that amount. The Comrnissiorer of the Deparanent shall negotiate a
payment schedule with Evanston for its payment to the City of all required additional finds.
12 In the event that funds paid to the City by Evanston are insufficient to cover the
co= of E-,^anston's share of the Design Services, the City and Evanston may mutually agree,
subject to any limitations of the Contract if then effective, to reduce the scope of said services or
to terminate the Ag eement.
• ARTICLE THREE: TEP-M
The term of the Agreement shall commence on the date of its execution and small expire
upon completion of tote authorized Design Ser•Jces or termination of the Agreement according to
its terms, whichever occurs first.
.ARTICLE FOUR: CONSENT
Whenever tile- consent or approval of one or ooth parties to this Al eement is requited
hereunder, such consent or approval shall not be unreasonably withheld.
ARTICLE FIFE: :NOTICE
Nor -ice to Evanston shall be addressed to:
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MAR-19-99 11s2B PROM,DEPT OF TRANSPORTATION IDt13127422422 PAGE 0/13
With a Copy To:
James Tonkinson
City. Engineer
City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
Law Department
City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
Notice to the City shall be addressed to:
Commissioner
Department of Transportation
30 North LaSalle Street Rm 1100
Chicano, Illinois 60602-2570
Corporation Counsel
City Hail, Room 600
121 North LaSalle Street
Chicago, IIlinois 60602
Attention: Deputy!, Finance wid Economic
Development Di .ision
Unless otherwise specified, any notice, demand or request req:iired hereunder shall be
given in writing at the addresses set forth above, by any of the folIo,N ing means: (a) personal
service: (b) electric communications. whether by telex, telegram, telecopy or facsimile (FA.Vt
machine; (c) overnight courser, (d) registc d or certified mail, return receipt requested.
Such addresses may be changed when notice is given to the other party in the same
manner as proN ided al one. Provided, any notice, demand or request sent pursuant to either
clause (a) or (b) hereof shall be deemed received upon such personal service or upon dispatch by
electronic means. Any notice, demand or request sent pursuant to clause (c) shall be deemed
received on the day immediately following deposit ith the overnight courier and. if sera
pursuant to subjection (d) shall be drem:d received forty-eight (49) hours following deposit in
the mail.
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MAR-15-55 11,27 FROM•DEPT OF TRANSPORTATION I0-13127422422 PACE 7/13
ARTICLE SLQ: ASSIGNMENT; BINDING EMCT
• This Agreement, or any portion thereof, shall net be assigned by either party without the
prior written consent of the other.
This Agreement 3halI inure to the benett of and shall be bindizng upon the City, Evanston
and their respective successors and assigns. This Agreement is intended to be and is for the sole
and exclusive benefit of the parties hereto and such successors and assigns.
ARTICLE SEVEN: MODIFICATION
This Agreement may, not be altered, modified or mr.-en ed except by written instruunent
signed by all of the parties hereto.
ARTICLE EIGHT: COMPLLQXCE 'a`) TR LAWS
The patties hereto shall comply with all federal, state and municipal laws, ordinances,
rules and regulations relating to this Agreement.
ARTICLE NINE: GOVERN Ni G Law A4D SEVERABILITY
This Agreement shall be governed by the laws of t1'te S=e of Illinois. If any provision of
• this Agreement shall be held or deemed to be or shall ir: fact be inoperative or unenforceable as
applied in any particular case in any jurisdiction or jurisdictions or in all cases because it
conflicts with any other protiision or pro--isions hereof or any constitution.. statute, ordinance,
rule of law or public policy, or for any reason, such circumstance shall not have the effect of
rendering any oche: provision or provisions contained herein inrrand, inoperative or
unenforceable to any extent whatsoever. The invalidity of an, one or more phrases, sentences,
clauses. or sections contained in this agreement shall not affect The remaining portions of this
Agreement or any part'nereof.
ARTICLE TEN : COUNTERPARTS
This Agreement may be executed in m-o counterparts, each of which shali'be deemed an
original.
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MAR-19-99 11.28 PROM:DEPT OF TRANSPORTATION I0-13127422422 PAGE 9/13
ARTICLE ELEVEN: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between *he parties and cannot be •
modified or amended except by mutual written agreement of the parties.
ARTICLE TWELVE: AL7HORITY
Execution of this Agreement by the City is authorized by an ordinance passed by the City
Council of the City on , 199_. Execution of this agreement by Evanston is
authorized by on , 199^ The partim represent and warrant to each
other that they have the authority to enter into this Agreement and perform their obligations
hereunder.
ARTICLE THIRTEEN: HEADINGS
The headings and titics of this Agreement are for coaverdence only and shall not
influence the construction or interpretation of this Agreement.
ARTICLE FOURTEEN: DISCLA131ER OF RELATIONSMP
Nothing contained in this Agreement, nor any act of the City or Evanston, shall be
deemed or construed by any of the parties hereto or by third persons, to create any relationship of •
Third party beneficiary, principal, agent, limited or general partnership, joint venture, or any
association or relationship involving the City and Evanston.
ARTICLE HYMEN: CONSTRt CTTON OF 'WORDS
The use of the singular form of arty word herein shall also include the plural, and vice
versa. The use of the neuter form of any word herein shall also includtthe masculine and
feminine forms, the masculine form shall include feminire and neuter, and the feminine form
shall include masculine and neuter.
ARTICLE SIXTEEN: NO PERSONAL LLkBILITY
No member. official, employee or agent of the Ciro or L-vanstoa shall be individually or
persona!dy liable in connection with this agreement.
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MAR—IS-99 11s28 PROM;OEPT ❑P TRANSPORT.ATION I0,13127422422 PAGE 9/13
ARTICLE SEVENTEEN: REPIItESENTATINTS
• Immediately upon execution of this Agreement, the following individuals will represent
the parties as a primary conzaa in all matters tinder this Agreement.
For Evanston: James Tonkinson
City Engineer
City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
(947) 866-2924
For the City: Bruce Worthington
Depattrnent of Transportation
30 North LaSalle Street Rm 400
Cleo. minis 60602
(312) 744-3520
Each party agrees to promptly notify the other party of any change in its designated
representative, which notice shall include the name, address, telephone number and fax naraber
of the representative for such parry for the purpose hereof.
ARTICLE EIGHTEEN: EARLY TERMINAT 0NI
• Either party may, by providing 30 days written notice to the other party, terminate this
AS eement. The termination SW be effective on the date included it: the notice of termination.
The parties sha11 share the costs of the Design Services performed up to the effective date of
termination based upon the cost -sharing provisions of this Agreement.
(Balance of page intentionally left blank.
Signature page follows.)
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MAR-13-59 11+2S PROM-DEPT OP TRANSPORTATION I0.13127422422 PAGE 10/13
IN WITNESS WHEREOF, each of the parties has caused this Agreemem to be executed
and delivered as of +Ja date lust above written. •
CITY OF CHIC AGO, ILLINOIS, by and through the
Department of Transportation
By:
Commissioner
Department of Transportation
CITY OF EVANSTON
By:
Roger D. Cram
City Manager
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MAR-19-99 t1-3a PROM-OEPT OP TRANSPORTATION %o,i3127422422 PACE 12/13
EXHIBIT B
•
SCOPE OF SERVICES FOR DESIGN SERVICES
The purpose of the project is w provide for roadway rehabilitation of approximately 6,600 feet of
Howard Street from the Kedzie intersection to Ridge, which Sencraily includes pavement
resurfacing, new curb and guttar, new sidewalk, drainage repair, traffic signals and street
lighting.
Tile scope of services for the Design Semites includes: soils testing, a survey of the 'Location., a
phase I traffic design, a hydraulic and sewers study, sewers televising, a phase I lighting design,
preliminary roadway design, strcetscape design, pulblic meetings, prefinal plans azd final plans
(both with a lighting design component) and review and agency coordination.
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MAR-19-99 t1:30 FROM:GEPT OF TRAHSPORTATIGH 10:1312?422422 PAGE 13/13
ti BUDGET
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