HomeMy WebLinkAboutRESOLUTIONS-1994-057-R-9409-07-94
• 57-R-94
A RESOLUTION
Authorizing the City Manager to Sign
Easement Agreement and Easement Letter with Evanston
School District No. 65
WHEREAS, the City of Evanston desires a perpetual
Easement and four temporary Easements for Phase IV of the Sewer
System Facilities Plan; and
WHEREAS, Evanston School District No. 65 is the owner of
the land upon which the aforesaid easements will run;
WHEREAS, the City of Evanston has agreed to certain
design modifications, and construction schedules concerning the
aforesaid Phase IV Sewer System Plan; said modifications as set
• forth in easement letter marked as Exhibit A attached hereto and
incorporated herein by reference.
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: 1) Exhibit A the
aforesaid easement letter and 2) easement agreement marked as
Exhibit B attached hereto and incorporated herein by reference.
SECTION 2: That the City Manager is hereby authorized and
directed to negotiate any additional conditions as are in the best
interest of the City of Evanston.
SECTION 3: This Resolution shall be in full force and
•
•
effect following its passage and approval in the manner required by
law. v.
Mayor
ES
City Ciierk
Adopted: 1994
•
0
SEP-07-1994 22:46
EXHIBIT A
P.02
•
•
•
•
•
Dr. Darwin Johnson, Superintendent
District 65 School Board
1314 Ridge Avenue
Evanston, Illinois 60201
Subj: Evanston Relief Sewer Project
M.L. King School Easement,
Dear Dr. Johnson:
September 7, 1994
The School Board has before it a proposed agreement for temporary and permanent easements
for construction of relief sewers and a connection to the Metropolitan Water Reclamation District
of Greater Chicago deep tunnel (TARP) system. This proposed agreement is based upon the
current relief sewer construction plans prepared for the City, for which Bids were received
August 16, 1994. The low Bidder has come forward with an alternate proposal for this
construction which will materially reduce construction disturbance at the M.L. King School site.
It is the City's intention to accept the alternate proposal offered by our contractor. However,
this effort will require modification of the construction drawings for this work, as well as
revision to the easement agreement now before the District 65 School Board and to the easement
agreement recently approved by the Water Reclamation District Board. Unfortunately, the
City will not be able to complete these design modifications and prepare revised easement
agreements in time to comply with Illinois Environmental Protection Agency Low -Interest Loan
Program funding allocation cut-off date of September 30, 1994. As such, the City is at risk
of loosing in excess of $8,000,000 in funding for the project.
Therefore, in order to meet IEPA funding allocation dates, the City requests that the School
District 65 Board approve the current easement agreement before the Board. In consideration
of this approval, the City agrees not to construct the relief sewer in its current alignment, but
rather to pursue the modification of the relief sewer construction as suggested by its contractor.
Final details of this modification will, of course, be presented to the District 65 Board for its
concurrence. The construction modification proposed by the City's contractor will eliminate
the need for the work site to the southwest of the school (the City will, however, still repave the
existing parking area as previously proposed). The modification will also shorten the overall
construction schedule such that all work including restoration of lawn areas, parking lots and
athletic areas will be completed by December 31, 1995, eight months earlier than the current
schedule. The proposed timeline for this alternate proposal is presented as Attachment 1 to this
letter.
SEP-07-1994 22:47
Dr. Darwin Johnson
September 7, 1994
Page 2 of 2
In addition, the City agrees to the following considerations, which have already been included
in the current design:
1. Sight -obscuring chain -link fencing will be placed around the work areas on the M. L.
King School site. This fencing will be equipped with a lockable gate at Dempster
Street, which will be the only entrance to the work site. The fencing and gates will be
a minimum of ten feet high.
2. A crossing guard will be stationed at the contractor's entrance to the M.L. King School
site work area at all times when the contractor is working.
3. Any grass areas damaged by construction will be restored with sod.
4. Any trees removed as a result of constriction operations will be replaced. The final
easement agreement will show which trees are to be removed and replaced, if any.
5. The current basketball/tennis court paved area northwest of the school will be
reconstructed at the completion of work in the northwest work area (date to be
determined based upon the modified relief sewer design). The final surface use (i.e.
parking, tennis courts, basketball, etc.) will be determined by District 65 and the City
will be advised of the District's desired surface when the easement is negotiated.
6. The current paved, but overgrown and unused parking area south of the school will be
reconstructed at the completion of construction operations (date to be determined based
upon the modified relief sewer design). The final surface use ( i.e. parking, basketball,
etc.) will be determined by District 65 and the City will be advised of the District's
desired surface when the easement is negotiated.
We trust that this information will assist School District 65 in finalizing its approval of our
proposed easement agreement. We wish to assure the District that the City will treat this
approval as a procedural convenience only; and, will provide the District with an opportunity
for full review the design modifications proposed by our contractor and respective easement
changes prior to the start of any construction. As always, we would be pleased to answer any
questions you may have regarding the material presented in this letter or any other phase of our
efforts.
Accepted:
Dated:
Yours sincerely,
Eric A. Anderson
City :Manager
•
•
•
•
0
SEP-07-1994 22:48
•
• ATTACHMENT 1
TOd ELINE FOR CONSTRUCTION AT M.L. KING LABORATORY SCHOOL
The Contractor awarded the work at the M L King School site is required to establish his own
work plan and sequence of construction operations within the constraints of the Construction
Contract. Following is our opinion of the most probable sequence of work operations at the
M L King site based upon the contractor's initial submittals for the modified relief sewer design:
Site Preparation Activities:
The Contractor will likely commence initial site preparation in November of 1994. This initial
site preparation will involve installation of construction site fencing and the temporary site road.
This work will need to be completed before the ground freezes for winter. It is expected that
performing this work in late fall will produce less noise, less dust and will be generally less
disturbing to the School than if undertaken in the Spring of 1995. The Contractor will likely
install the temporary site road fully to the northwest work area and fence northwest site in a
single operation to maximize efficiency. This work will take one to two weeks to complete.
Road construction will involve minor grading to strip grass off the road bed, placement of an
eight -inch gravel base, and placement of the 2-inch bituminous surface. Fence posts will need
• to be driven and the fence fabric installed.
•
•
Construction at the Northwest Work Area:
The initial task in preparation for tunnel construction will be installation of the tunnel work shaft
in the northwest work area. Shaft construction is anticipated to begin in January, 1995, and
will take 4 to eight weeks to complete. Shaft construction will require the use a crane and other
engine -driven construction equipment. Five to 10 truckloads of dirt will need to be removed
from the site each work day.
Following completion of the work shaft, the Contractor will commence tunneling operations,
most likely around March 1. Sewer tunneling is essentially a soil -drilling process. Blasting
or other percussive excavation is prohibited. Therefore, tunneling will cause little if any ground
vibration. Typically, only crane and some smaller engine -driven construction equipment will
be required above the ground surface during the tunneling operation. The greatest disturbance
will likely come from the occasional dumping of the small muck cars which bring excavated
soils out of the tunnel. Because of the size of the sewer being installed, 108-inch, the tunneling
operation progresses rather slowly. As such, only 8 to 12 truckloads of excavated soil will
need to be removed from site over each work day. As the tunnel is advanced, a modular
system of steel and timber bracing is installed to support the excavation. The majority of
bracing assembly takes place underground, however, some fabrication of materials may take
place above -ground. This fabrication requires the use of carpentry -type hand tools. There will
also be periodic deliveries of miscellaneous construction materials, primarily steel ribs and
lumber for tunnel bracing, to the site.
SEP-0?-1994 22:48 P.05
ATTACHMENT 1 (continued) •
TIMELINE FOR CONSTRUCTION AT M.L. ICING LABORATORY SCHOOL
Tunnel excavation will likely be completed by June, 1995. After the tunnel is excavated, it will
be lined with a poured -in -place concrete liner. Lining will begin from the upstream end of the
tunnel at Greenwood Street and Darrow Avenue and will progress westward to the School site.
The majority of this liner will be placed from work shafts along Greenwood Street. However,
the portions of the tunnel adjacent to the work shaft on the M.L.King site will need to be
installed from that shaft. It is anticipated that the lining process at the school site will require
2 to 4 weeks to complete. The most likely time for this work is July of 1995. The lining
operation requires deliveries of reinforcing steel and concrete. However, the majority of work
involved in the lining process is performed underground.
Construction of the underground structures required at the northwest work site will begin in
April of 1995 and may continue as late as October of 1995. However, the Contractor is being
offered a bonus of $1,500 per day for early completion of work at the northwest work area, to
accelerate this schedule. There are three major structures and interconnecting piping to be
constructed. Because of the proximity of these structures and the confines of the work site, the
Contractor will likely undertake construction of these structures consecutively rather than
simultaneously. This allows the Contractor to reuse shoring and formwork. Consecutive •
construction also reduces soil handling. The Contractor can use the soils excavated for the
second structure in backfilling the first and so on, thus minimizing the amount of soil removed
from the site or stockpiled at any one time.
Approximately 60 days will be required for construction of each of the three major structures.
The initial construction operation for each structure will, of course be excavation. Any excess
soil not required for backfilling will need to be trucked off -site. Excavation and backfilling
will require the use of heavy earth -moving equipment. The remainder of the construction will
be accomplished largely with a crane, smaller engine -driven equipment, and a variety of electric
and air -operated hand tools. As such, general noise levels should be relatively low, with the
noisiest operation being excavation/backfilling. The Contractor will be encouraged to do earth -
moving work outside of school hours whenever possible.
The underground structures will be constructed largely of poured -in -place, reinforced concrete.
As such, the construction process will involve periodic deliveries of reinforcing steel and
cement. In the typical sequence of operations, the Contractor will spend several days placing
reinforcing steel and setting up formwork for a particular section of the work. The amount of
formwork set up is generally based on what can be poured in a single workday. When the steel
and forms are ready, the Contractor will pour concrete. The freshly poured concrete is allowed
to cure 1 to 3 days and then the forms are removed. This process is repeated until the structure
is completed. The greatest levels of noise and other disturbance occur on pour days due to •
concrete trucks entering and leaving the construction site. The Contractor will be encouraged
to schedule these pour days on non -school days whenever possible.
U
SEP-07-1994 22:49
•
• ATTACEMIENT 1 (continued)
TEMELINE FOR CONSTRUCTION AT M.L. KING LABORATORY SCHOOL
The final construction operation for each structure is backfilling. As discussed previously, we
anticipate that the Contractor will elect to backfill one structure simultaneously with the
excavation of the next structure. This minimizes the Contractor's handling of soils and, as a
side benefit, minimizes general disturbance at the construction site. We expect the final
backfilling operation to be completed in October of 1995.
Fluai Restoration of Work Area:
Repaving of the parking lot to the southwest of the school building will be undertaken in summer
of 1995. Final restoration of the access road area and northwest construction sites will begin
not later than October of 1995 and be completed by December of 1995. If the Contractor is
able to accelerate the installation of the underground structures, this restoration schedule will
also be accelerated. Restoration will include removal of site fencing and the temporary site
road, repaving of the portion of the north parldng lot disturbed by construction, replacement
of the tennis/basketball court; replacement of the bicycle parking area; restoration of other areas;
and resodding of grassed areas disturbed by construction.
•
TrfTT'%l 0 17C
M
EXHIBIT B
Easement Agreement for two perpetual and four temporary Easements Across ' •
Evanston School District #65 for Ingress and Egress, and construction and
maintenance of Relief Sewer in Evanston, Illinois. •
EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of 1994,
by and between EVANSTON SCHOOL DISTRICT #65, hereinafter called the "Grantor"
and the CITY OF EVANSTON, a municipal corporation, organized and existing under
the laws of the State of Illinois, hereinafter called the "Grantee".
WHEREAS, the Grantee desires one perpetual Easement and four temporary
Easements of Phase IV of its sewer system facilities plan located East of North Shore
Channel and South of McDaniel Avenue in Evanston Illinois, as follows: •
A. Perpetual Easement for Relief Sewers and Facilities as shown and
described in Exhibit A, depicted as P.E.- B (PERMANENT EASEMENT -
B).
B. Perpetual Easement for Relief Sewers and Facilities as shown and
described in Exhibit A, depicted as P.E.- M (PERMANENT EASEMENT -
M, where Metropolitan Water Reclamation District of Greater Chicago
perpetual Easements depicted as P.E.-K and P.E.-H respectively and
District permission for a perpetual Easement of P.E-K and P.E.-H is
obtained ).
940906 HFS5512D.AGR
WMCHOOL DIST.W 1
•
•
• C. Temporary Easement for construction of Relief Sewers and Facilities as
shown and described in Exhibit A, depicted as T.E.- A (TEMPORARY
•
EASEMENT - A).
D. Temporary Easement for construction of Relief Sewers and Facilities as
shown and described in Exhibit A, depicted as T.E.- C (TEMPORARY
EASEMENT - Q.
E. Temporary Easement for construction of Relief Sewers and Facilities as
shown and described in Exhibit A, depicted as T.E.- D (TEMPORARY
EASEMENT - D).
F. Temporary Easement for construction of Relief Sewers and Facilities as
shown and described in Exhibit A, depicted as T.E.- E (TEMPORARY
EASEMENT - E).
WHEREAS, the Grantor is willing to grant to the Grantee the easements
aforesaid, upon the conditions hereinafter set forth,
NOW, THEREFORE, for and in consideration of the representations, covenants,
conditions, undertakings, and agreements herein made, the parties hereto agree as
follows:
ARTICLE ONE
1.01 All of the foregoing recitals are incorporated by reference herein and
made a part hereof, which constitute the factual basis for this transaction.
• %OW6 HMSS12D.AGR
&=CHOOL D1STJ65 2
1.02 The Grantor hereby grants unto the Grantee a perpetual easement,
right, privilege and authority to construct, reconstruct, repair, operate and maintain
and remove its "Improvements and Facilities" and access thereto, on and under the
easement premises legally described and depicted in Exhibit "A" which is attached
hereto and made a part hereof and for no other purpose whatsoever. The
Improvements and Facilities consist of a 108" and 48" diameter relief sewer pipes,
air vent structure, junction structure #2, junction structure #1, overflow structure,
junction box at MWRD collecting structure and ancillary construction.
1.03 The Grantee covenants and agrees in consideration of the grant of
said easement to pay to the Grantor a one-time easement fee of one and no/100
dollars ($1.00), receipt of which is hereby acknowledged. is
1.04 The Grantee and the Grantor hereby covenant and agree to take all
reasonable care not to disrupt each other's work and operations or create significant
additional costs for each other.
1.05 The Grantee hereby covenants and agrees to exempt the Grantor
from the new tax on out-of-state purchases of natural gas beginning in fiscal year
1994-1995.
1.06 The Grantee hereby covenants and agrees to exempt the Grantor
from other existing utilities taxes beginning in fiscal year 1995-1996. is
%OW6 HMSI2D.AGR •
WMCHOOL DIST.165 3
• 1.07 The Grantee hereby covenants and agrees not to begin construction
• work in the easements legally described in Exhibit "A" which is attached hereto until
the summer of 1995.
ARTICLE TWO
2.01 Grantee shall construct, install, operate, maintain and remove the
"Improvements and Facilities", in a good and workmanlike manner at its sole cost, risk
and expense.
ARTICLE THREE
3.01 The Grantor expressly retains its interest in and rights to the use and
occupation of the easement premises subject to the easement rights herein granted,
• and subject to the Grantee's right, on reasonable advance notice to Grantor, to
reasonable means of access to said relief sewer and appurtenances for the
construction, reconstruction, repair, relocation, maintenance or removal of same.
3.02 The Grantee shall defend, indemnify, keep and save harmless the
Grantor, its trustees, officers, employees and agents and Grantee's beneficiary and
its parent, subsidiary and affiliated companies and the officers, employees, and agents
of each of them against all injuries, deaths, losses, damages, claims, patent claims,
liens, suits, liabilities, judgments, costs or expenses (including reasonable attorneys
fees) which may in any wise accrue, directly or indirectly as a result of negligence or
• omission of Grantee or its employees, or Grantee's contractors or subcontractors or
%OW6 HM112D.ACR
• MUSMOOLDISMAS 4
their employees, in consequence of the granting of this easement.
ARTICLE FOUR
4.01 . The Grantee covenants and agrees that it will reimburse the Grantor,`
make all necessary repairs (including replacement of subsurface and surface, to
conditions existing as of the date hereof) at its sole cost and expense and otherwise
keep and save harmless the Grantor from any loss, cost or expense suffered to the
property of the Grantor by way of damage to or destruction thereof, caused by any
act or omission of the Grantee, Grantee's agents, employees, contractors or sub-
contractors, or their employees.
ARTICLE FIVE
5.01 The easement herein granted shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
ARTICLE SIX
6.01 The Grantee, prior to entering upon said premises and using the same
for the purposes for which this easement is granted, shall at Grantee's sole cost and
expense obtain all permits, consents and licenses which may be required under any
and all statutes, laws, ordinances and regulations of the United States of America, the
State of Illinois, the County, and the City in which the subject property is located.
•
•
•
r�
U
%OW6 HM512D.AGR •
WZSCHOOL DIST./65 5
• IN WITNESS WHEREOF, on the day and year first above written, the parties
hereto have caused these presents, including Riders and Exhibits, if any, to be
executed in triplicate by their duly authorized officers, duly attested and their
corporate seals to be hereunto affixed.
CITY OF EVANSTON
By:
ATTEST:
• Clerk
EVANSTON SCHOOL DISTRICT #65
By:
Its:
ATTEST:
• Its:
9409061 ES5512D.AGR
• NULKSCHOOL D1ST.165
no
0