HomeMy WebLinkAboutORDINANCES-1991-067-O-910
6-13-91
6-17-91
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67-0-91
AN ORDINANCE
The Addition of Green Bay from the North Edge of
Pavement of Emerson Street to the South Edge of Pavement
of Livingston Street to the Municipal Street System
WHEREAS, the City of Evanston has entered into an
agreement with the Illinois Department of Transportation for
roadway milling and resurfacing, curb and gutter removal and
replacement, drainage improvements and the modernization of
certain traffic signals along Green Bay Road, such project known
as M-6003(892), and
WHEREAS, upon the completion of the improvement and
within 21 calendar days after final inspection by the State of
Is Illinois, the City of Evanston is required to assume
jurisdiction and maintenance of Green Bay Road from the north
ro
edge of the pavement of Emerson to the south edge of pavement of
Livingston.
WHEREAS, it is in the best interests of the City of
Evanston to assume said jurisdiction.
NOW, THEREFORE, be it ordained by the City Council of
the City of Evanston, Cook County, Illinois.
SECTION 1: That upon completion of the improvement
known as Project M-6003(892) and upon the
21st calendar day after final inspection of said project by the
State of Illinois, the City of Evanston shall assume
jurisdiction and maintenance of Green Bay Road from the north
edge of the pavement of Emerson Street to the south edge of
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67-0-91
pavement of Livingston Street all within the city limits of
Evanston, and
SECTION 2: The aforesaid improvement from the north
edge of the pavement of Emerson to the
south edge of the pavement of Livingston shall be added to the
Municipal Street System on the 21st calendar day after final
inspection by the State of Illinois of said project.
SECTION 3: The City Clerk is hereby directed to
forward a certified copy of this ordinance.
to the State of Illinois through its District Engineer's Office
at 201 West Center Court, Schaumburg, Illinois.
SECTION 4: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
' SECTION 5: This ordinance shall be in full force and
effect from whenever its passage, approval
and publication in the manner provided by law.
Introduced: rX T
Adopted
ATTEST:
` Cityle Crk
Apprmv �d as to f o
I
` Corpora ids Counsel
•
, 1991
, 1991
2
, 1991
M!ificipality -R Sec)— Section
Evanston (c) IllinoisDepart w6t 90-0019-2-00-WR
Township of TranSpOrtatjon Fund TypeFAU
ounty LOCAL AGENCY AGREEMENT State Contract Day Labor Local Contract RR Force
Cook FOR FEDERAL PARTICIPATION X I I I Account
This agreement is made and entered into between the above local agency (LA) and the State of Illinois, acting by and through its Department
of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the designated location as shown
below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures ap-
proved and/or required by the United States Federal Highway Administration hereinafter referred to as FHWA.
Greenba Road FAU 2744nDN 1 1
Name � Route Length Miles
Termini Central Street to Emerson Street
PROJECT DESCRIPTION Existing Str. No. ---WA
Roadway milling, widening, resurfacing and reconstruction; curb and gutter
removal and replacement; drainage improvement; traffic signal modernization of
Greenbay Road at Simpson St., Lincoln St., Central St., Livingston St.;
DIVISION OF COST (See Addendum)
TYPE OF WORK FHWA % STATE % LA % TOTAL
Participating Construction ........
$ ( 1$
( )$ ( 1$
Non -Participating Construction ....
$ ( )$
( )$ ( )$
Preliminary Engineering ...........
$ ( )$
( )$ ( I$
Construction Engineering .........
$ ( )$
( )$ ( )$
Right of Way ...................
$ ( )$
( )$ ( )$
Railroads .......................$
1 )$
1 )$ 1 1$
Utilities ........................
$ l )$
1 )$ ( )$
Sub Total
$ $
$ $
Other Funding Not Included Above ...........................$
Source of Other Funding:
is N/A
TotalProject Cost.......................................................................................$
NOTE: The above costs and percentages are approximate and subject to change. The percentage(s) recorded and maintained by the
STATE, will be used in the final division of costs for billings or reimbursements.
If funding is lump sum and not a percentage of the total, place an asterisk in the space provided for the percentages. The Federal
share of construction engineering may not exceed 15% of the Federal share of the final construction cost.
LOCAL AGENCY APPROPRIATION
The LA on 19 appropriated, by separate resolution $ 34.575 .00 to pay the LA's share of the cost and
will appropriate additional funds, if required to cover the LA's total cost. (General Obligation Bond Funds)
METHOD OF FINANCING (STATE CONTRACT WORK ONLY)
METHOD A ---Lump Sum (95% of LA Obligation)$
METHOD B -X Monthly Payments of $
METHOD C I LA's share $_34Z75 divided by estimated total cost multiplied by actual progress payment
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
ADDENDA
Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this agreement.
Addendum SAa PAginc 7 +-. in
(Insert NA, if not applicable) (Insert addendum numbers or letters and page numbers, if applicable)
The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth on page two and all
addenda indicated above.
APPROVED
Name Eric A. Anderson
Title City Manager
Chapman County aoardWayor. Vdage Presidenvetc
Signature
Construction
lob Number Project Number
IC-91-410-90 ,M-6003 (892)
APPROVED
STATE OF IWNOIS
DEPARTMENT OF TRANSPORTATION
By:
FOR DEPARTMENT USE ONLY
Enq_ meennq
Job Number I Project Number
Director of Highways
Date
Riq_ht-of-Wav
Inh Number lProiect Number
M
Oy of Evanston
Greenbay Road
Section 90-00192-00-WR
Cook County
25031
TYPE OF WORK
Roadway & Drainage
Traffic Signals
1.Greenbay Rd. At
Simpson St.
Emergency Vehicle
Pre-emption
2.Greenbay Rd. At
Lincoln St.
Emergency Vehicle
Pre-emption
3. Greenbay Rd. at
Central St.
Emergency Vehicle
ae-emption
4. Greenbay Rd. At
Livingston St.
Emergency Vehicle
Pre-emption
Construction
Engineering
Preliminary Engineering*
Non-Particip.
Constr.
Totals:
DIVISION OF COST
F H W A % STATE % C I T Y % TOTAL
6021700. (70.0) 258,300 (30.0)--------- ------ 861.000.
48,300
(70.0)
10,350 (15.0)
109350
(15.0)
69,000
21100
(70.0)
------ (----)
900
(30.0)
39000
479950
(70.0)
109275 (15.0)
10,275
(15.0)
68,500
21100
(70.0)
------ ( ---- )
900
(30.0).
32000
54,950
(70.0)
239550 (30.0)
---------
( ----- )
78,500
21100
(70.0)
------ ( ---- )
900
(30.0)
39000
48,300 (70.0) 10,350 (15.0)
29100 (70.0) ------ ------
67,270 (70.0) 289830 (30.0)
$ 877,870.
*Covered under separate agreements.
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$341,655.
109350 (15.0) 699000
900 (30.0) 39000
------- ( ---- ) 96,100
(100.0)-------
$ 34,575. $192549100.
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• City of Evanston
Greenbay Road
Section 90-00192-00-WR
Cook County
25031
ADDENDUM
AN ADDENDUM TO THE JOINT CITY-STATE AGREEMENT
FOR PROJECT M-6003(892) IN THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS
AND THE COUNTY OF COOK
I. DIVISION OF COST: See page 2.
II. THE CITY AGREES:
(1) To provide for all utility adjustments, and to regulate the use of the
right-of-way of this improvement by utilities, public and private, in
accordance with the current Utility Accommodation Policy For Local
Agency Highway and Street Systems.
S(2) To comply with all applicable Executive Orders and Federal Highways
Acts pursuant to the Equal Employment Opportunity and
Non-discrimination Regulations required by the U.S. Department of
Transportation.
(3) To preserve and produce upon request of responsible STATE or FHWA
officials all records for this project for the purpose of an audit for
a period of three years after the FHWA payment of the final voucher.
(4) The failure of CITY to comply with Federal requirements may result in
the loss (partial or total) of Federal participation as determined by
the FHWA.
(5) That upon receipt of the Contractor's first and subsequent progressive
bills for this improvement the City will pay to the State, an amount
equal to its shares of the construction cost, divided by the estimated
total contract cost, multiplied by the actual progress payment
(appropriately adjusted for non -participating costs) made to the
is contractor until the entire obligation incurred under this agreement
has been paid.
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(6) That execution of this agreement constitutes the CITY'S concurrence in
the award of the construction contract to the responsible low bidder as
determined by the STATE.
(7) To have ordinances prohibiting parking in accordance with the approved
project report and will also be responsible for maintenance of all
crosswalk and stopline markings and maintenance of the mast arm cross
street signing facing city maintained streets within its respective
jurisdiction.
(8) To exercise its franchise right to cause private utilities to be
relocated at no expense to the STATE.
(9) To provide for surveys and the preparation of plans for the proposed
improvement and engineering supervision during construction of the
proposed improvement, including acceptance sampling and testing of the
materials in accordance with the specifications, Project Procedures Guide
and methods prescribed by the State;
s
(10) Upon completion of the improvement, and twenty one (21) calendar days
after final inspection by the STATE, CITY will assume jurisdiction and
maintenance of Greenbay Road from northedge of pavement of Emerson Street
to south edge of pavement of Livingston Street, and also agree to
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maintain or cause to be maintained in a manner satisfactory to the STATE
and FHWA their portions of the improvement under their established
jurisdictional authority. The CITY will adopt and will put into effect
prior to the STATE advertising for the work to be performed hereunder, an
appropriate ordinance adding the portion of roadway, of Greenbay Road
from north edge of pavement of Emerson Street to south edge of pavement
of Livingston Street, and identified as Exhibit B (BLR 1600) which is
attached hereto and made a part hereof, to the CITY system. A copy of
said ordinance is also attached hereto as Exhibit C and made a part
hereof. For Location Map of the improvement see Exhibit A.
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• City of Evanston
Greenbay Road
Section 90-00192-00-WR
Cook County
25031
(11) To the best of its knowledge and belief their officials:
(a) are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any
Federal department or agency;
(b) have not within a three-year period preceding this AGREEMENT been
convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged
by a governmental entity (Federal, State, local) with commission of any
of the offenses enumerated in item (2) of this certification;
(d) have not within a three-year period preceding this AGREEMENT had one or
more public transactions (Federal, State, local) terminated for cause or
default;
III. THE STATE AGREES:
(1) To provide independent assurance sampling, to furnish off -site material
inspection and testing, at sources normally visited by State inspectors
of steel, cement, aggregates, structural steel and other materials
customarily tested by the State, and to provide contract construction
administration and general supervision of the resident engineer.
• (2) To be responsible for maintenance of lane lines and median line markings,
within its respective jurisdiction.
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City of Evanston
Greenbay Road
Section 90-00192-00-WR
Cook County
25031
IV. IT IS MUTUALLY AGREED:
(1) That this agreement shall be null and void in the event that the FHWA
does not approve the proposed improvement for Federal -Aid Participa-
tion and in the event the contract covering the construction work
contemplated herein is not awarded within three years of the date of
execution of this agreement.
(2) This agreement shall be binding upon the parties, their successors and
assigns.
(3) It is the policy of the U.S. Department of Transportation that minority
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 under this agreement.
Consequently, the MBE requirements of 49 CFR Part 23 apply to this
agreement.
The STATE and CITY agree 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 STATE and CITY
shall take all necessary and resonable 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 contracts and
subcontracts financed in whole or in part with Federal funds provided
under this agreement. The STATE and CITY shall not discriminate on the
basis of race, color, national origin, or sex in the selection and
retention of contractor or subcontractor, including procurement of
materials and leases of equipment.
The STATE and CITY shall include the provisions of this "Policy" in every
contract, including procurement of materials and leases of equipment.
Failure to carry out the requirements set forth above shall constitute a
. breach of this agreement and may result in termination of the agreement
or such remedy as deemed appropriate.
me
r
City of=vanston
Greenbay Road
Section 90-00192-004R
. Cook County
25031
(4) That the authority to make changes in the State Highway System is granted
the STATE by Section 2-101 of the Illinois Highway Code, and the
authority to make changes in the Municipal Street System is granted the
CITY by Section 7-101 of the Illinois Highway Code.
(5) All traffic control equipment to be used in the traffic signal work
included herein must be approved by the STATE prior to its installation.
The STATE must be notified a minimum of three (3) working days prior to
the final inspection. Final inspection of the signalized intersection
will be made by a representative of the STATE and, if satisfactory,
authorization for turn on will be given.
(6) Upon acceptance by the STATE of the traffic signal work, on Greenbay Road
at Simpson Street, Lincoln Street, Central Street and Livingston Street,
it is mutually agreed that the financial responsibility for maintenance
and electrical energy for the operation of the signals shall be
proportioned as follows:
Greenbay Road at Simpson Street
Maintenance: 0% STATE
100 % CITY
Greenbay Road at Lincoln Street
Maintenance: 0% STATE
100 % CITY
Greenbay Road at Central Street
Maintenance: IOU% STATE
0%CITY
Greenbay Road at Livinqston Street
Maintenance: 50% STATE
50 % CITY
The CITY will maintain or cause to maintain the traffic signals at
Greenbay Road at Simpson Street, Lincoln Street, Livingston Street, and
Central Street.
It is further agreed that upon acceptance by the STATE of the new
traffic signal installation included herein, the responsibility for
maintenance and energy outlined above shall become a part of the Master
Agreement executed by th STATE and the City of Evanston on October 9,
1981 and Amendments. It is mutually agreed that the financial
. responsibility for maintenance of the emergency pre-emption equipment
shall be borne entirely by the Citv of Evanston.
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. City of Evanston
Greenbay Road
Section 90-00192-00-WR
Cook County
25031
•
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(7) The CITY will make arrangements with the local power company to furnish the
electrical energy for the operation of the traffic signals, and the CITY
will be billed by the power company for its share of energy cost.
(8) This agreement shall be binding upon the parties, their successors and
assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
in quintuplicate counterparts, each of which shall be considered as an original
by their duly authorized officers as of the dates below indicated.
Executed by the CITY, the
day of
ATTEST:
CITY CLERK
, 1991.
CITY OF EVANSTON
By:
CITY MANAGER
. City of Evanston
Greenbay Road
Section 90-00192-00-WR
Cook County
25031
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
in quintuplicate counterparts, each of which shall be considered as an original
by their duly authorized officers as of the dates below indicated.
BY:
•
APPROVED BY STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
DIRECTOR OF HIGHWAYS
DATE
-9-
0
0
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
I, John W. Barr - Mayor, hereby certify on behalf of the City of Evanston
that:
(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 any 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
fails to file the required certification shall be subject to a
penalty of not less than $10,000. and not more than $100,000.
f ailure .
Executed this day of , 1991.
By:
Signature of authorized official)
20221
CITY MANAGER
(titie of authorized official)
person who
civil
for each such
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PROJECT LIMITS: NORTH
EMERSON ST. (FAU 1312)
�TYOF=���
JURISDICTIONAL TRANSFER
GREEN BAY ROAD (FAU 2744) 1 Fa
(M.EDGE OF EMERSoN ST TO S.EDGEOF UVINGST®`7 ® 5ST 1 a [57-
r
7.7Q> 1 ' 7
�j Illinois Department Local Agency
of Transportation Municipality Evanston
Township/
Road District
LOCAL AGENCY -STATE I County CQQ$
JURISDICTIONAL TRANSFER I Section No. 91-00192-00—WR
(for transfers involving an improvement)
Type of Systems Transfer
TYPE 1 TYPE 2
From From
State Highway System Local Highway System
To To
Local Highway System State Highway System
Indicate Type of Systems Transfer I Type 1
The above local agency, and the State of Illinois, acting by and through its Department of Transportation, agree to transfer the
jurisdiction of the designated location in the manner indicated above under TYPE OF SYSTEMS TRANSFER
Name Greenbay Road
Location Description
Route FAU 2744 Length 1.1 Miles
Termini North edge of pavement of Emerson Street to south edge of pavement of
Livingston Street.
does not
This transfer di-�il include Structure No. 016-0289
WHEREAS, the authority to enter into this contract is granted the STATE by Section 4-409 of the Illinois Highway Code and the au-
thority to make changes in the State Highway System is granted the STATE under Section 2-101 of the Illinois Highway Code, and
Include for Municipalities Only
WHEREAS, the authority to make changes to the Municipal Street System is granted to the Municipality by Section 7-101 of the Il-
linois Highway Code.
l NOW THEREFORE IT IS AGREED that the corporate authority of said municipality will pass an ordinance providing for the transfer
of the above location and shall attach hereto and make a part hereof a copy of a location map ash#ffO"Wt and a copy of the
ordinance as,AddendumN9*$ and Exhibit "A"
Exhibit "C" Include for Counties Only
WHEREAS, the authority to make changes to the County Highway System is granted to the County by Section 5-105 of the Illinois
Highway Code.
NOW THEREFORE IT IS AGREED that the County Board of said County will pass a resolution providing for the transfer of the
above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No. 1 and a copy of the reso-
lution as Addendum No. 2, and
Include for Township/Road Districts Only
WHEREAS, the authority to make changes to the Township/Road District System is granted to the Highway Commissioner under
Section 6-201.3 of the Illinois Highway Code and said Highway Commissioner shall attach hereto and make a part hereof a copy of
a location map as Addendum No. 1, and
IT IS MUTUALLY AGREED, that this jurisdictional transfer will become effective 21 calendar days after:
(Check One)
f� Final Inspection by the State tiPi4VMJJ) ❑ Final Inspection by the Local Agency
❑ Acceptance by the State ❑ Acceptance by the Local Agency
❑ Execution of Agreement
Supplements
Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this jurisdictional
transfer.
Supplement Exhibits A & C
(Insert supplement numbers of letters and page numbers, if applicable.)
IT IS FURTHER AGREED, that the provisions of this jurisdictional transfer shall be binding upon and inure to the benefit of the par-
ties hereto, their successors and assigns.
BLR 1600 (9/89) Exhibit "B"
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GREEN BAY ROAD INTERSECTION IMPROVEMENTS
8r ROADWAY REHABILITATION PROJECT-
4p - FROM EMERSON ST. TO LIVINGSTON ST.
LEGEND: �� -IMPROVEMENT LIMITS