Access Living, et al vs. Chicago Transit Authority
No. 00 C 0770
Settlement Agreement
QUARTERLY REPORT
OF
INDEPENDENT MONITOR
Report 4
th
4 Quarter (October - December) 2002
Shelley A. Sandow
Independent Monitor
January 31, 2003
INTRODUCTION
This fourth quarterly report is prepared in compliance with the Settlement Agreement in Access Living, et al
vs. Chicago Transit Authority (No. 00 C 0770 – U.S. District Court, Northern District of Illinois, Eastern
Division). The Settlement Agreement requires that each quarter during its five-year duration, an Independent
Monitor submit a report on the CTA's performance in the items listed in the Settlement Agreement.
This report follows the order of items in Section II. Terms of Settlement (pages 2 - 14). For each item, the
verbatim text from the Settlement Agreement is shown first. A statement of the Independent Monitor’s
interpretation of the status as of the end of this quarter follows. This may be one of the following categories:
IN COMPLIANCE - The requirements have been met before or during this quarter. The Independent
Monitor will continue observing this item.
COMPLIANCE IN PROCESS – This item has a due date past the date of this quarterly report, and is
in process of being completed. Future reports will document progress or completion.
IN COMPLIANCE - ONGOING – The item has been addressed to date according to the terms of the
Settlement Agreement, which imposes an ongoing obligation throughout the five-year Settlement
Agreement period. The matter will continue to be observed and reported on throughout the
monitoring period.
FOR FUTURE FOLLOW-UP – This item is not in arrears according to the timetable given in the
Settlement Agreement, or compliance is required only when triggered by another action such as
purchase of new equipment. Future reports will contain updates, as needed.
UNABLE TO DETERMINE - The Independent Monitor was not able to obtain information that would
support a responsible opinion on the status of compliance.
NOT IN COMPLIANCE - Based on data provided and additional inquiries made, it is the opinion of
the Independent Monitor that the item is not in compliance as of the end of this quarter.
The final section of the report has any Attachments referenced in the text.
Some requirements of the Settlement Agreement describe due dates based on the effective date of the
Settlement Agreement. Item 28 states that the effective date is 45 days after the entry of the final judgment,
which was September 24, 2001. My understanding of the timeline and the actual dates that would be
applicable are described below. In calculating actual dates, I assumed that when the Settlement Agreement
refers to 21 days or 45 days, it means 21 or 45 calendar days, rather than business days.
*** Item 28 “Effective Date. The Settlement Agreement will become effective 45 days after the entry of a final
judgment…”
This would mean 11/8/01.
*** Item 5 Elevator Repair Service Hours
“For one year from the effective date of the Settlement Agreement…” and “Commencing one year after the
effective date of the Settlement Agreement…”
This would mean until 11/8/02, and commencing 11/9/02, respectively.
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*** For the following items, the language is “…within 45 days of the effective date of the settlement…”
Item 9 - Customer Service Controllers
Item 12 - Customer Complaints
Item 13 - Disciplinary Guidelines
Item 17 - Performance Control Specialists
This would mean 12/23/01.
*** Item 22 - Independent Monitor
“The CTA shall give notice within 45 days after the effective date of the settlement.” (before retaining a
monitor)
This would mean 12/23/01.
*** “If plaintiffs do not agree with the CTA’s selection, the CTA shall propose retention of another Monitor
within 21 days after plaintiffs’ rejection.”
There is no time frame given for the plaintiffs’ attorneys to respond to the CTA, so 21 days after plaintiffs’
rejection would be 1/14/02 at the earliest.
Submitted by:
Shelley A. Sandow
Independent Monitor
January 31, 2003
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FINDINGS
1. Bus Audio-Visual Displays. The CTA shall install audio-visual equipment on its bus fleet that will
display bus stop information in both audio and visual formats. The CTA shall comply with the applicable
ADA regulations in determining which bus stops will be displayed. The CTA shall install the audio-visual
display equipment on all of its buses in revenue passenger service on December 31, 2003, except for
those buses that the CTA plans to retire from service on or before December 31, 2004.
STATUS 12/31/02 - COMPLIANCE IN PROCESS
CTA received four proposals for the Automatic Voice Annunciation system (AVAS), and awarded the
contract on August 7, 2002 to Clever Devices of Syosset, N.Y. Clever Devices has previously installed their
system in buses in Washington, Dallas, Baltimore, Boston, Pittsburgh, and other cities. Production
installation of the AVAS began in November and is proceeding at a good rate. 122 Nova buses at the
Chicago Avenue garage and 75 buses at the North Park garage have had the system installed at the time of
this report. In its current phase, the system is announcing the route and destination of the bus externally and
displaying the date and time on the internal LED sign. The contract calls for installation on 1,432 buses to be
completed by December 31, 2003.
During the third quarter, four CTA buses were equipped with the system for testing and CTA provided
opportunities for people with disabilities to “pilot” the system. Various people with disabilities provided in-
depth feedback, which CTA reports has been very effective.
The specifications for volume control in the Request for Proposal (RFP) state, “The Automatic Voice
Annunciation System (AVAS) must be capable of automatically controlling the volume level of the
announcement relative to ambient noise. The system must be capable of detecting ambient noise and
performing the automatic volume control (AVC) functions. The AVAS will control and adjust the interior and
exterior volume levels independent of one another. The interior and exterior volume must have an
adjustable minimum and maximum volume. The AVC feature must adjust the volume within those set
ranges. The AVC sensitivity must also be adjustable. The bus stop data management system must manage
these adjustments and all other system parameters. Maintenance personnel must have maintenance
password access to volume adjustments on the vehicle via the Operator Interface.”
In its final form, the AVAS will announce the route and destination of the bus externally, and will announce
stops and certain public service announcements internally. The bus number is given on a sign panel inside
the bus in text and Braille. CTA is working with the vendor to see if it is possible to provide verbal
announcements of the run number.
CTA also expects to purchase 226 new articulated buses and approximately 430 standard buses in 2003 or
2004. All new buses will have the AVAS.
2. Rail Audio-Visual Displays. If during the term of this Settlement Agreement the CTA orders passenger
rail cars, such rail cars shall be equipped with audio-visual displays that communicate station stop and
other customer service and safety information.
STATUS 12/31/02 - FOR FUTURE FOLLOW-UP
CTA currently has a total of 1,190 railcars in service. CTA had released a Request for Proposal (RFP) for
406 new railcars on April 15, 2002 to replace the CTA’s existing 2200- and 2400-series cars, as well as
provide additional growth vehicles. The RFP closing date was October 15, 2002. CTA reports that the status
of their new purchase changed because they found that an improved technology is now available for new
railcars. They consequently withdrew the above-cited RFP and will issue a new one in late 2003 that
incorporates the new technology. These new railcars will include audio-visual displays, as required. The
closing date for the new RFP will probably be in mid-2004.
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The Settlement Agreement does not have a deadline for when new railcars must be acquired, just that any
new railcars have the required audio-visual system.
3. Elevator Rehabs. The CTA shall perform a comprehensive mid-life rehabilitation on each revenue
passenger service elevator in its system that has been in service for ten years or more on December 31,
2001. The following elevators shall be rehabilitated:
Red Line:
1. Loyola
2. Granville
3. Adams/Jackson (Station/Mezzanine)
4. Adams/Jackson (Mezzanine/Platform)
Blue Line:
5. O’Hare (Trans)
6. O’Hare
7. River Road - Rosemont
8. Cumberland (Northbound)
9. Cumberland (Southbound)
10. Cumberland (Mezzanine/Platform)
11. Cumberland (Mezzanine/Rotunda)
12. Harlem (toward O’Hare)
13. Lake Transfer - Clark / Lake)
14. State of Illinois Center (#1)
15. State of Illinois Center (#2)
16. Adams/Jackson (St./Mezzanine) – Note: This elevator is deleted from the schedule because
it was incorrectly listed as being more than ten years old (see Status, below).
17. Des Plaines/Congress
18. Polk/Douglas (Eastbound)
19. Polk/Douglas (Westbound)
Brown Line:
20. Western (Northbound)
21. Western (Southbound)
The CTA contracts shall provide for completion of the elevator rehabilitation by no later than March 31,
2003.
STATUS 12/31/02 - COMPLIANCE IN PROCESS
CTA informed Equip for Equality of two changes to the schedule of elevators to be rehabilitated. The
following five elevators have been in service for 10 years or more, but were inadvertently left off the list for
rehabilitation in the original Settlement Agreement. These are added to the rehab schedule:
22. 203 N. LaSalle (Green/Brown lines)
23. Merchandise Mart (Northbound) (Brown/Purple lines)
24. Merchandise Mart (Southbound) (Brown/Purple lines)
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25. 63 /Cottage Grove (Eastbound)/South (Green line)
rd
26. 63 /Cottage Grove (Westbound)/North (Green line)
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Also, the Adams/Jackson (Blue Line – St./Mezzanine) elevator was incorrectly listed as being more than ten
years old in the Settlement Agreement. It is actually less than ten years old, so it is deleted from the
rehabilitation program. Consequently, the total number of elevators for full rehab is 25.
Mr. Edward Baker, Manager, Customer Facilities Maintenance Projects, provided a schedule for rehab work
to be carried out by Anderson Elevator Company, which was awarded the contract for the elevator rehabs in
Phases 1 and 2. Table A, below, displays the schedule and status as of 12/31/02.
Table A – Phase 1 & 2 Elevator Rehabilitation Schedule
Schedule for Elevator Rehabilitation & Current Status
(Note: Dates may differ from schedule in prior report based on revised priorities, actual field conditions, etc.)
Elevator Location Start: Planned Returned to
Planned or Actual Completion Service
PHASE 1
1. Lake Transfer-Clark/Lake (Blue Line) 4/29/02 5/19/02 5/28/02
2. Cumberland – North (Blue Line) 5/20/02 6/16/02 7/1/02
3. Cumberland – South (Blue Line) 5/20/02 6/16/02 7/1/02
4. Granville (Red Line) 6/24/02 8/1/02 8/8/02
5. Des Plaines (Blue Line) 7/15/02 9/1/02 8/28/02
6. Western – North (Brown Line) 7/29/02 10/1/02 9/16/02
7. Adams-Jackson-State -
Sidewalk to Mezzanine (Red Line) 7/29/02 10/1/02 9/17/02
8. Western – South (Brown Line) 9/16/02 11/1/02 11/1/02
9. Polk – East-Northbound (Blue Line) 9/16/02 11/1/02 11/07/02
10. Loyola (Red Line) 10/28/02 1/1/03
11. Adams-Jackson-State-
Mezzanine to Platform (Red Line) 12/9/02 2/1/03
12. Polk – West-Southbound (Blue Line) 11/4/02 1/1/03 12/30/02
PHASE 2
13. O’Hare / Platform - Concourse
(Blue Line) 9/9/02 11/1/02 10/31/02
14. Cumberland Mezz. - Platform
(Blue Line) 9/9/02 11/1/02 10/31/02
15. Cumberland Rotunda
(Blue Line) 9/9/02 11/1/02 11/1/02
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16. State of IL Bldg. Car #1 (Orange,
Green, Purple Lines) 9/9/02 11/1/02 1/7/03
17. State of IL Bldg. Car #2 (Orange,
Green, Purple Lines) 10/28/02 12/15/02 11/13/02
18. 203 LaSalle Bldg. (Brown,
Green Lines) 10/28/02 12/15/02 12/16/02
19. Harlem (toward O’Hare) (Blue Line) 10/28/02 12/15/02 12/20/02
rd
20. 63 & Cottage (Westbound) - North
(Green Line) 10/28/02 1/1/03 12/23/02
21. River Road - Rosemont (Blue Line) 12/2/02 1/21/03
rd
22. 63 & Cottage (Eastbound) - South
(Green Line) 12/16/02 2/21/03
23. Mart / Southbound
(Brown, Purple Lines) 12/16/02 2/21/03
24. Mart / Northbound
(Brown, Purple Lines) 12/16/02 2/21/03
25. O’Hare / Trans. Wing - Platform
(Blue Line) 1/6/03 3/1/03
The CTA Project Manager for the elevator rehabilitation, Mr. Robert Wittman, and CTA Elevator Inspector
Mr. Jim Kinahan, QEI, make daily visits to the elevators undergoing rehabilitation. CTA managers and staff
involved in the project meet daily to address any problems. When the rehabilitation contractor, Anderson
Elevator, reports that it has completed a project, Mr. Kinahan and the City elevator inspector make a visit. If
either party finds that the work is not completed as required, he orders whatever additional work is needed.
Both Mr. Kinahan and the City elevator inspector make additional visits to inspect progress. After the final
visit, the City elevator inspector issues a Certificate of Inspection, following which CTA returns the elevator to
service.
4. Activators on Hydraulic Elevators.
A. The CTA shall install automatic elevator activators on all of its hydraulic elevators in revenue passenger
service by no later than December 31, 2001,
B. except for those elevators that will be rehabbed after December 31, 2001.
These elevators are as follows, with those that will have activators installed as part of the rehab followed by
an asterisk:
Red Line:
1. Randolph/Washington (Station/Mezzanine)
2. Randolph/Washington (North)
3. Randolph/Washington (South)
4. Jackson/Van Buren (Station/Mezzanine)
5. Jackson/Van Buren (Mezzanine/Platform)
6. Roosevelt (Mezzanine/Platform)
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7. 35 /Dan Ryan
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8. 79 /Dan Ryan
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Green Line:
9. Marion (Station/Platform)
10. Central (Station/Platform)
11. Pulaski (Eastbound)
12. Pulaski (Westbound)
13. 203 N. LaSalle
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14. 35 /Tech (Station/Platform)
15. Indiana (Northbound-Station/Platform)
16. Indiana (Southbound-Station/Platform)
Orange Line:
17. Library (Station/Mezzanine)
18. Library (Northbound)
19. Library (Southbound)
Blue Line:
20. O’Hare (Trans)*
21. O’Hare*
22. River Road*
23. Cumberland (Northbound)*
24. Cumberland (Southbound)*
25. Cumberland (Mezzanine/Platform)*
26. Cumberland (Mezzanine/Rotunda)*
27. Harlem - toward O’Hare*
28. Lake Transfer* (also referred to as Clark/Lake)
29. State of Illinois Center (#1)*
30. State of Illinois Center (#2)*
31. Adams/Jackson (Station/Mezzanine)
32. Des Plaines/Congress*
STATUS 12/31/02 -
A. COMPLIANCE IN PROCESS
Installing elevator activators on hydraulic elevators causes them to cycle up and down every 20 minutes.
This is to prevent hydraulic fluid from freezing, which is especially important during cold weather for elevators
that are not frequently used.
Mr. Baker explained that there are three methods by which the required elevator activators are accounted
for:
1. Newly installed activators on old elevators where none existed;
2. Newer elevators that had activators when they were installed; and,
3. Elevators that will have activators added as part of their rehabilitation.
He provided data showing that new activators have been installed as of 5/23/01 on the following elevators:
Red Line:
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1. 79 /Dan Ryan
Blue Line:
2. Adams/Jackson/Dearborn, Street/Mezzanine
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Green Line:
3. Central, Street/Platform
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4. 35 /State/Tech
Orange Line:
5. Library - Van Buren/State, Street/Mezzanine
6. Library - Van/Buren/State, North
7. Library - Van Buren/State, South
The elevators below did not require adding activators because the elevators were installed more recently.
Their installation included the activator, since that was in elevator specifications as a standard feature at the
time of installation.
Red Line:
8. Randolph/Washington (Street/Mezzanine)
9. Randolph/Washington (North)
10. Randolph/Washington (South)
11. Jackson/Van Buren (Street/Mezzanine)
12. Jackson/Van Buren (Mezzanine/Platform)
13. Roosevelt (Mezzanine/Platform)
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14. 35 /Dan Ryan
Green Line:
15. Marion (Station/Platform)
16. Pulaski (Eastbound)
17. Pulaski (Westbound)
18. Indiana (Northbound-Station/Platform)
19. Indiana (Southbound-Station/Platform)
Blue Line:
20. Adams/Jackson (Street/Mezzanine) – Dearborn side
B. COMPLIANCE IN PROCESS
The remaining 12 elevators (those followed by an asterisk in the Settlement Agreement list) will have
activators installed during their full rehabilitation.
As of December 31, 2002, an activator has been installed on the rehabilitated elevators as required at:
Blue Line stops: Lake Transfer-Clark/Lake, Cumberland Northbound and Southbound,
DesPlaines, Cumberland Mezzanine to Rotunda, State of Illinois Center #1; State of Illinois
Center #2; O’Hare; Cumberland (Concourse & Platform); Harlem (toward O’Hare);
Brown Line stop: Western Southbound; and,
Green Line stop: 203 N. LaSalle.
5. Elevator Repair Service Hours.
A. The CTA shall deploy on an as-needed basis no fewer than three elevator mechanics and one helper.
For one year from the effective date of the Settlement Agreement, the CTA shall have at least one
contract elevator repairperson on duty during a total of 14 hours on each weekday and during regular
work hours (e.g., 7:00 a.m. to 3:30 p.m.) on each weekend day.
B. Commencing one year after the effective date of the settlement, the CTA shall have at least one elevator
repair person on duty during a total of 12 hours on each weekday and during regular work hours (e.g.,
7:00 a.m. to 3:30 p.m.) on each weekend day.
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C. The CTA shall deploy its elevator repair personnel and prioritize its response to elevator outages in order
to maximize the accessibility of its rail system using criteria such as:
(a) Station ridership;
(b) Designation of the station as a key station;
(c) Availability of accessible bus alternatives to the rail line; and,
(d) Availability of other elevators at the station.
STATUS 12/31/02 -
A. IN COMPLIANCE - COMPLETED
Prior to the Settlement Agreement, CTA had two elevator mechanics on contract from Anderson Elevator.
The schedule from Anderson shows that through November 8, 2002, there were three contract elevator
mechanics on duty Monday through Friday working overlapping shifts: 5:00 a.m. – 1:30 p.m.; 7:00 a.m. –
3:30 p.m.; and, 10:30 a.m. – 7:00 p.m., providing 14 hours of coverage. An elevator mechanic was also
shown on duty on Saturdays and Sundays from 7:00 a.m. – 3:30 p.m. A helper works Monday through
Friday 7:00 a.m. - 3:30 p.m.
Four CTA elevator inspectors, who are certified as Qualified Elevator Inspectors (QEI) by the National
Association of Elevator Safety Authority International (NAESA), monitor the attendance and inspect the work
of the contract elevator mechanics and helper. Their schedule is the same as that of the elevator
mechanics.
According to the invoices from Anderson Elevator provided to the Independent Monitor, the required service
and repair hours have been provided through one year after the effective date of the Settlement Agreement.
The effective date of the Settlement Agreement was November 19, 2001.
In the past, several customers with disabilities asked what the procedure is for deploying elevator mechanics
when an elevator is broken. Mr. Ed Baker, Manager, Customer Facilities Maintenance gave the following
description of the process:
Elevator Out-of-Service Assigning Procedures:
C.A., Guard or Supervisor notes problem with elevator.
C.A., Guard or Supervisor calls in problem to Control Center.
If outage is during the hours of 7:00 a.m. until 3:30 p.m., the Control Center notifies the West
Shops Dispatch Office. The West Shops Dispatcher documents the call and notifies the
Inspector normally within ten minutes of receiving notification of the problem.
If the outage occurs outside of the above working hours of the West Shops Dispatch Office, the
Control Center faxes the information to the Dispatch Office, and if an Elevator Inspector is on
duty (14 hours coverage 5:00 a.m. to 7:00 p.m.) will notify the Inspector. If no Inspector is on
duty, (from 7:00 p.m. to 5:00 a.m.) the morning Inspector will review the fax from the Control
Center and assign the morning Mechanic to repair the elevator at 5:00 a.m.
When the Elevator Inspector for that area is notified, he contacts the station to confirm the
problem. The Inspector typically goes to the station to inspect the problem within one hour.
If the Inspector can make a minor repair and get the elevator back in service, e.g., remove rocks,
dirt, etc. from the door sill tracks, he will return the elevator to service himself.
Depending upon the Inspector’s instructions, the Mechanic will normally finish his current
assignment and travel to the next service call to start work. This is usually within two hours or
less.
If the situation is an emergency (entrapment or accident), the Mechanic is notified and
dispatched immediately.
B. IN COMPLIANCE - ONGOING
The Settlement Agreement provides that commencing one year after the effective date of the Settlement
Agreement, or November 9, 2002, CTA shall have at least one elevator repair person on duty during a total
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of 12 hours on each weekday and during regular work hours (e.g., 7:00 a.m. to 3:30 p.m.) on each weekend
day. CTA did make this schedule change, as permitted. Weekday coverage of repair staff is now 5:00 a.m.
through 5:00 p.m. and weekend coverage 7:00 a.m. to 3:30 p.m.
C. IN COMPLIANCE - ONGOING
Elevator mechanics and inspectors are deployed according to the demand expected at various stations. For
example, during morning and afternoon rush hours, they are stationed in proximity to elevators in the Loop in
order to respond quickly to any reported outages. When there are special events that create an increased
rd
general ridership demand on CTA, such as White Sox and Cubs opening days, Taste of Chicago, July 3
fireworks, etc., additional mechanics and helpers are deployed at the stations serving those events.
Likewise, when there are events that are expected to draw a large number of persons with disabilities, such
as the Mayor’s Office for People with Disabilities Employment Fair or Abilities Expo, CTA assigns additional
elevator inspectors and mechanics to stations serving those destinations.
At the September 25, 2002 CTA ADA Advisory Committee meeting, Mr. Terry Levin, CTA Vice President of
ADA, Paratransit, and Customer Service, asked meeting attendees to contact him about any events they
know of that are likely to result in a larger than average number of passengers with disabilities on any bus or
rail route. With this information, he can notify the appropriate CTA personnel in case service modifications
are needed.
6. Scrolling Marquees. If and when the scrolling marquees in CTA rail stations become fully functional, the
CTA shall display information pertaining to scheduled elevator outages and shall make reasonable
efforts to display information pertaining to all elevator outages.
STATUS 12/31/02 – FOR FUTURE FOLLOW-UP
The current scrolling marquees in rail stations do not perform as desired. (Note: According to CTA, there is
not a scrolling marquee in every station at this time.) CTA continues to research and test various new
methods for message delivery to the signs.
7. Customer Assistant Schedules. Upon request by a disabled customer, the CTA will provide information
about the hours that customer assistants are on duty at the customer’s boarding and destination rail
stations. Information about the hours of customer assistant staffing at rail stations will be available to the
customer service controllers and to customer assistants in the field. The CTA shall be allowed to take
reasonable steps to limit the distribution of customer assistant staffing information to its disabled
customers and to take other measures reasonably designed to protect the safety of its customers.
STATUS 12/31/02 - IN COMPLIANCE - ONGOING
This information is available on the CTA website – http://www.transitchicago.com, and clicking on
“Accessible Services”, where there is a link to the Customer Assistant Hours for each line. Mr. Daniel Shurz
said that when the schedules are changed, CTA will add a date to the information on the website, so
customers viewing it will know it is current. In fact, the most recent posting for the Brown/Yellow/Purple
Lines shows that its effective date is September 22, 2002.
This information is also available by telephone at 1-888-YOUR-CTA (1-888-968-7282). CTA states that their
procedure is that the operator in Customer Service uses the website to provide the same information to
callers as those who have internet access would find.
8. Gap Filler.
A. The CTA shall install a gap filler on every rail station platform in use for revenue passenger service by
June 30, 2002.
B. The CTA shall use reasonable efforts to keep the gap fillers in a state of good repair.
C. The parties shall cooperate in developing a designated recommended, optional platform area for the
deployment of the gap filler to assist the boarding and alighting of trains by disabled customers; provided
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that the CTA shall have no obligation to make the entire station platform at any station suitable for gap
filler deployment.
D. The CTA shall explore alternatives to its current gap filler and communications systems as technology
develops.
STATUS 12/31/02 -
A. IN COMPLIANCE - COMPLETED, THOUGH DELAYED
Gap filler deployment was completed on December 27, 2002. All station platforms now have at least one
gap filler, even stations that are not accessible. CTA is now adding additional gap fillers at all accessible
stations to ensure that there are three per platform.
CTA explained that delay in gap filler deployment had various reasons. Gap fillers have two main
components. The first is the gap filler itself. The second is the gap filler enclosure, essentially a steel box
with a customized lock.
The purchase requisition for the gap fillers was submitted to the CTA purchasing department on November
19, 2001. The bid package was prepared, approved, and forwarded for advertisement on December 6,
2001. The invitation for bids was advertised on December 13, 2001. The bids were opened on January 4,
2002. The purchasing department recommended that the bids be rejected because the lowest responsive bid
was 84% higher than the actual (but non-responsive) lowest bid.
The rebid package was advertised on March 7, 2002 and CTA awarded a contract on May 13, 2002. The
contract was for manufacturing 225 gap fillers, which is more than the number required for providing gap
fillers at the approximately 51 stations that did not already have them. CTA was using this opportunity to
procure additional gap fillers to allow deployment of extras at many stations and maintain an inventory of
spares.
The contract required delivery of all 225 gap fillers within 90 days of the date of contract award, or
approximately early August 2002. It was anticipated at that time, however, that the vendor could deliver a
sufficient number of gap fillers by mid-June to cover all 79 platforms at the 51 stations where gap fillers are to
be installed pursuant to the Settlement Agreement.
However, the manufacturer's mold cracked before the first sample gap filler could be produced. When the
mold was repaired, the manufacturer produced another sample, which the CTA received on Tuesday, June
25, 2002. The sample was so severely damaged in shipping that it was not usable for pre-production
evaluation.
As of September 30, 2002, CTA Rail Tech Services accepted a subsequent sample gap filler supplied by the
manufacturer. After that sample passed all of the applicable performance and safety tests, the manufacturer
was directed to commence production, and was expected to deliver six to eight gap fillers per day.
The gap filler enclosure purchase requisition was submitted to CTA’s purchasing department on November
19, 2001. The bid package was prepared, approved, and forwarded for advertisement on December 6,
2001. The invitation for bids was advertised on December 13, 2001 and the bids were opened on January 4,
2002. After the bids were opened, it was determined that certain drawings and specifications were in error.
Revised drawings and specifications were received on April 26, 2002. CTA advertised the rebid package on
May 8, 2002 and awarded the contract on June 11, 2002. This contract was for production of 225
enclosures so that there would be additional ones available.
As of the date of this report, all enclosures and gap fillers have been installed at the stations stipulated in the
Settlement Agreement.
B. IN COMPLIANCE - ONGOING
CTA personnel are responsible for upkeep and maintenance of gap fillers. CAs routinely inspect the
condition of the gap filler as part of the Station Equipment Audit Check. Because of the simple design of the
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gap filler, there is little that can go wrong with it, and few problems are found. Occasionally problems with
the enclosure locks are discovered. In those cases, the CA records the problem on the CA daily report, and
a work order for repair is submitted to the CTA’s metalworkers.
C. FOR FUTURE-FOLLOW-UP
The Settlement Agreement does not have a deadline for when this should be initiated or accomplished.
Mr. Daniel Shurz of CTA and Mr. Kevin Irvine of Equip for Equality report that by mutual agreement there
have been no meetings or discussions between the parties regarding locating gap fillers on platforms during
this quarter. Both parties reported to me that they are exploring various proposals to share with each other
during the next quarter.
D. FOR FUTURE-FOLLOW-UP
The Settlement Agreement does not have a deadline for when this should be initiated or accomplished.
9. Customer Service Controllers.
A. Within 45 days after the effective date of the settlement, the CTA shall hire two full-time Customer
Service Controllers (CSCs) (or their equivalents) for the Control Center, whose primary job function will
include the following duties:
B. Coordinating with customer assistants and operators the deployments of gap fillers;
C. Arranging alternate transportation pursuant to paragraph II.10 herein; and,
D. Updating the elevator status phone line on a real-time basis.
E. The CTA will use reasonable efforts to ensure that these duties are performed at all times regardless of
staff schedules and shall ensure that the elevator status line information will be updated at least every
four hours.
F. The CTA will give representatives of the Plaintiffs an opportunity to provide ideas, materials and other
input into the training of the customer service controllers; however, any more formal involvement (e.g., a
training module taught by representatives of the Plaintiffs) will require separate discussion and
agreement.
G. Based upon, among other things, the reports of the Monitor, the CTA shall have the right to make
reasonable redeployments of its employees to better perform the tasks listed above; provided, however,
that in no event will the CTA have less than two full-time equivalent employees whose primary job
function includes the tasks listed above. The CTA will review the need to increase the number of
customer service controllers (or their equivalents) based upon customer demand and available
resources.
STATUS 12/31/02 -
A, B, & E - IN COMPLIANCE - ONGOING
Two FTE positions were added to the existing Customer Assistant Controller (CAC) positions in the Control
Center as a result of the Settlement Agreement. These two positions were the new Customer Service
Controllers (CSC). Two full-time CSCs were hired within the required time frame. They were trained and are
carrying out their duties. They work Monday through Friday, one from 6:00 a.m. to 2:00 p.m., and the other
from 2:00 p.m. to 10:00 p.m. When a CSC is on break, on vacation, ill, or during the hours outside of
Monday through Friday 6:00 a.m. to 10:00 p.m., the CACs provide coverage.
The CSCs keep records of when Customer Assistants (CA) provide certain assistance to persons with
disabilities using rail. These may be persons with mobility devices who require gap filler deployment or
persons who have vision impairments who request assistance. According to a CTA publication, “Assisting
Customers with Disabilities on the Rail System”, dated 10-16-00, the CA is to complete a 10-43 Notification
Slip. This is to be given to the rail operator, who is to complete the slip with the time of the customer’s
alighting at the destination station.
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The CA at the boarding station then contacts the Control Center to tell the CSC the location of the boarding
station, the run number of the train, the car number and position in the train in which the customer
is riding, and the station where the customer will be alighting. This information is also to be documented in
the Customer Assistant Daily Activity Report.
The rail operator is to notify the CSC three stations prior to reaching the customer’s destination. The CSC in
the Control Center then notifies the CA at the destination station and provides the relevant information so
that the CA at the destination station can meet the train and assist the customer.
Statistics recorded by CSCs on CA assistance to visually impaired riders or riders who need gap filler
deployment are shown in the Table below.
th
Table B - Rail: Assisted Disabled Ridership (10-43) Report Summary - 4 Quarter 2002
Day of Week Number of Riders Assisted
Oct. 02 Nov. 02 Dec. 02 TOTAL
Monday 203 168 155 526
Tuesday 297 184 131 612
Wednesday 282 173 104 559
Thursday 336 144 121 601
Friday 220 242 106 568
Saturday 80 53 60 193
Sunday 54 52 24 130
TOTAL 1,472 1,016 701 3,189
C. IN COMPLIANCE - ONGOING
CTA tracks the provision of paratransit service for alternate transportation related to elevator renovation. I
am now provided with “Elevator Rehabilitation Logs”, which have data described below under Section 22 (h).
as well as information from Paratransit Services, including the invoices from CDT for the shuttle service they
provide.
D. IN COMPLIANCE - ONGOING
The CSCs update the elevator status phone line on a real-time basis. According to CTA Rail Bulletin R50-
01, CAs at stations equipped with an Elevator Status Board are to call this status line at 6:15 and 9:15 a.m.,
and 1:15, 5:15, and 9:15 p.m. from the kiosk telephone. If the kiosk telephone is defective, CAs are to use
the station public telephone to obtain elevator status. The information received from the recorded message
is to be transferred to an Elevator Status Form, which is deposited in the drop safe by the last CA working
each day. Upon receipt of the elevator status, the CA is to transfer that information to the Elevator Status
Board.
In the event that an elevator at the station to which a CA is assigned becomes defective between Elevator
Status Board update times, the standard procedure for reporting the defect is to be carried out and then the
defective condition is to be entered on the Elevator Status Board.
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F. FOR FUTURE FOLLOW UP
Prior to the original Customer Service Controller training, representatives from Equip for Equality discussed
the training with Darryl Lampkins, who was General Manager of the Control Center at that time.
The training was then conducted through the CTA Management Institute with input from Ms. Christine
Montgomery, CTA ADA Compliance Officer. Ms. Montgomery also conducted field observations and
provided information before training officially began.
Based on the information I have been provided to date, there does not appear to have been any subsequent
general training for CSCs or CACs regarding these matters. In the event that CTA provides additional
training or re-training, representatives of the plaintiffs should be contacted for input..
G. FOR FUTURE FOLLOW-UP
10. Alternate Transportation.
A. The CTA shall arrange alternate transportation for disabled customers stranded at stations with
inoperable elevators when there is:
(a) No accessible bus service within 1/3 of a mile of the station.
(b) Accessible bus service within 1/3 of a mile of the station, but to get to within ½ mile of his/her
destination or to an accessible station on the customer’s intended rail line the customer would
have to make more than one additional transfer.
(c) Another elevator at the station, but a ride back in the opposite direction to the next accessible
station platform to catch a train in the customer’s intended direction will add 30 minutes or more
to the length of the customer’s trip.
In order for nearby accessible bus service to be considered accessible, the path of travel from the rail
station to the bus stop must be accessible. The rideback option shall only be utilized if CTA personnel
have concluded after reasonable inquiry of the Customer Assistant Controllers that the elevator(s) at the
rideback station is in service. When Customer Assistant Controllers are not on duty CTA personnel shall
be entitled to rely upon the last posted elevator status information.
B. The CTA will provide alternate transportation within the same time frame that it provides special service
vehicles for its paratransit customers (i.e., within 60 minutes).
C. The CTA shall provide alternate transportation to customers on bus routes where the headway is greater
than 30 minutes pursuant to the requirements of the ADA regulations.
D. The CTA shall make reasonable efforts to inform its contract providers of alternate transportation that, if
the trip has been authorized by the CTA, the disabled customer need not be certified as eligible for
paratransit service in order to receive the ride.
STATUS 12/31/02 -
A, B, & C - NOT IN COMPLIANCE
The specific element of non-compliance is that CTA is unable to provide alternate transportation for persons
using wheelchairs that cannot be secured on the paratransit vehicles being used for alternate transportation
service.
The plaintiffs’ representative, Equip for Equality, reported the following information: “In August 2002, Equip
for Equality learned of several class members who had been denied alternate transportation due to their
assertion that their mobility devices could not be secured on the paratransit vehicles which CTA uses to
provide alternate transportation. CTA and its paratransit carrier, CDT, insisted that CDT could adequately
secure the mobility devices but also that, if the devices could not be secured, then CTA did not have to
provide the riders with alternate transportation. The class members who contacted EFE did not want to allow
CDT to even attempt securement out of their good faith belief that the attempt would be unsuccessful and
would likely damage their mobility devices. In December 2002, CTA determined that it would provide
alternate transportation to mobility device users whose devices could not be secured. However, CTA has not
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4th Quarter 2002 Access Living, et al vs. CTA Settlement Agreement
yet created a procedure to determine which mobility devices cannot be secured adequately or without
causing damage to the device. Therefore, some class members are still unable to access alternate
transportation, as of December 31, 2002.”
For other customers using wheelchairs, when alternate transportation is required, the data that I receive
show that CTA has been providing it at stations where CTA has arranged for a paratransit shuttle to be
available. Other than the above-noted complaints regarding securement, I have not received any other
complaints about failure to provide alternate transportation. There are two sources of information that CTA
provides on this matter. One is the Elevator Rehabilitation Log, the data from which are reported below
under Section 22.h. Also, CDT, the contractor for alternate transportation paratransit service, provides
invoices to CTA reporting the number of shuttle trips for each day. This is also detailed in Section 22.h,
below.
CTA Rail Service Bulletin R800-01, issued by Mr. William R. Mooney, Vice President Rail Operations,
effective date of 11/4/01 states:
“Refer to this section when a customer is not allowed to enter or leave a station due to a closed (out-
of-service) elevator. When routing a rider to an alternate station, ascertain whether the passenger is
entering or leaving the station, the direction of travel, and which elevator in your station is not currently
accessible. Check the elevator status board making certain that the elevator at the end of the trip is
functional. Advise the rider of the available Service alternatives and Alternate Access for the affected
location. When discussing hours of service use standard (non-military) time.
Self-transit is defined as customers, using mobility devices as an option, transporting themselves
to the indicated location.
When paratransit is required, call the Customer Service Controller at Ext. 8026. This is a newly
created position to assist customers with special needs.
Advise customers requesting paratransit the waiting period may be up to one hour.”
Page 3 of this Bulletin also states:
“Inclement Weather: In the event of inclement weather that is likely to have blocked the path of travel
specified for alternate routing, call the Customer Service Controller at ext. 8026 to determine the appropriate
route for the customer.”
CTA reports that Rail Supervisors check the path of travel every six months after the winter and summer
seasons to ensure that the recommended paths of travel remain accessible. If not, they develop a revised
route.
In December, CTA announced it had added 11 more accessible bus routes. The availability of these routes
may affect the guidelines for alternate routes or alternate transportation.
CTA is currently providing regular shuttle paratransit service as alternate transportation during elevator
renovation at the Blue Line Clark/Lake Station entrance in the 203 N. LaSalle Building, the Merchandise
Mart, and at Rosemont. Details about this are available on the CTA website http://www.transitchicago.com
under the Customer Alert link and the Construction Renovation update link, but I did not see any reference to
this service under the Accessible Service link.
NOTE: CORRECTION TO PRIOR REPORT
In the report for last quarter, I wrote, “The ‘Alternate Routing During Elevator Closures’ guide
provided to CAs by CTA appears to only have alternate routing or alternate transportation for the
elevators out of service for their required rehabilitations. There does not appear to be any
information for alternate routing or alternate transportation for elevator outages at other stations,
including Chicago/State on the Red Line. Section 10 - Alternate Transportation of the Settlement
Agreement states that “The CTA shall arrange alternate transportation for disabled customers
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4th Quarter 2002 Access Living, et al vs. CTA Settlement Agreement
stranded at stations with inoperable elevators…” It does not limit providing alternate transportation
or alternate routing to customers stranded only due to elevator rehabilitation.”
My statement was incorrect. In fact, CTA’s “Alternate Routing During Elevator Closures” guide
DOES include alternate route or alternate transportation guidelines for ALL stations that have
escalators. I regret the error.
D. IN COMPLIANCE - ONGOING
Information was given to paratransit providers on the procedure, as has been documented in prior reports.
11. Station Telephones. By no later than December 31, 2001 the CTA shall upgrade the *1 (Star-One)
system on phones in its rail stations so that it provides customers with prompts or other information
directing the customer to:
(a) The CTA elevator status line; and
(b) The CTA Control Center.
The CTA shall make reasonable efforts to install TTY phones at all accessible stations and those phones
shall provide customers with *1 capability or its equivalent.
STATUS 12/31/02 - IN COMPLIANCE - ONGOING
As documented in prior reports, the *1 system is available on all public telephones in rail stations. Stations
with public TTYs are shown below:
According to information from CTA, the following rail stations have at least one TTY installed in the station
area, at the date of this report:
Loyola station Red line
Addison station Red line
Jackson station Red line
Granville station Red line
th
35 station Red line
th
79 station Red line
th
95 station Red line
Chicago / State station Red line subway
Jackson station Red line subway
UIC / Halsted Congress line
Kedzie / Homan station Congress line
Forest Park station Congress line
Polk station Douglas line
th
18 station Douglas line
Cicero station Douglas line
O’Hare station O’Hare line
River Road station O’Hare line
Cumberland station O’Hare line
Harlem station O’Hare line
Jefferson Park station O’Hare line
Logan Square station O’Hare line (pay phone missing)
Grand / Milwaukee station O’Hare line
Clark and Lake station Dearborn subway
Jackson station Dearborn subway
Merchandise Mart station Ravenswood line
Western station Ravenswood line
Kimball station Ravenswood line
Dempster station Yellow line
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4th Quarter 2002 Access Living, et al vs. CTA Settlement Agreement
Davis station Evanston line
Clark and Lake station Green / Orange / Brown
Washington / Wells station Green / Orange / Brown
Roosevelt station Green / Orange line
Conservatory station Green line
King Drive station Green line
Cottage Grove station Green line
Indiana station Green line
Halsted station Orange line
Ashland station Orange line
th
35 station Orange line
Western station Orange line
Pulaski station Orange line
Kedzie station Orange line
Midway station Orange line
The message and the destination of the call vary according to the time of day and the day of the week. The
caller hears the message: “If you are a customer with a disability and there are no CTA personnel to assist
you, press 5”. During the day, this connects the caller to a live operator in Customer Service who provides
the required assistance. At night, the call is routed to the Control Center, and a Security Controller there
provides assistance.
Some customers have said they sometimes find a station telephone out of service, including the *1 feature.
When CTA knows a phone is out of order, either through their routine checks or if a customer reports it, they
notify SBC\Ameritech, which has the responsibility for repairs. Mr. Ruben Madrigal, General Manager,
System Maintenance Support, states that SBC\Ameritech’s turnaround time for repairs can be anywhere
from three to 10 working days after being notified of the problem.
12. Customer Complaints.
A. Within 45 days of the effective date of the settlement, the CTA shall create a centralized database of all
ADA-related complaints received by the Call Center, CTA garages and terminals, and the CTA front
office.
B. Managers in the field will be required to send ADA-related complaints received in the field for entry into
the database.
C. The CTA will develop performance standards based upon the levels of ADA-related complaints. These
performance standards shall be included in the pay-for-performance standards that are used in the
annual performance evaluations of CTA senior bus and rail managers.
D. The Monitor shall have access to the database with respect to ADA-related complaints.
STATUS 12/31/02 -
A. NOT IN COMPLIANCE
There continue to be several ongoing serious deficiencies regarding complaints and the database, and these
support my opinion that CTA is not in compliance with this item at this time.
1. As in the past, not all ADA-related complaints reported to CTA show up in the original Service Request
Summary (SRS) Reports that I am given. Sometimes passengers with disabilities who submit complaints to
CTA also send me a copy of their complaint or a summary of it. I review all the original SRS reports I am
given, but do not find a record of all the copies of CTA complaints that I receive. The SRS Reports are
apparently the source of the statistics I am given, so the monthly statistics have an undercount of ADA-
related complaints. During this quarter, there are numerous complaints regarding Failure to Announce Stops
that were submitted to CTA, but there are no SRS Reports for them.
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4th Quarter 2002 Access Living, et al vs. CTA Settlement Agreement
2. Based on the SRS reports I am sent, not all critical fields appear to have information entered or they have
information that appears to be inaccurate. For example, at least six SRS reports in the batch I received for
the period October - December 2002, did not include information in the field, “What date did this occur?” nor
was there information in the narrative that would allow me to identify the date of occurrence:
SRS # 02-01735781
SRS # 02-01635387
SRS # 02-01808982
SRS # 02-01806920
SRS # 02-01858987
SRS # 02-01892487
Also, several other SRS reports counted by Customer Service personnel for the summary statistics sent to
me this quarter had information in the date field indicating that the incident occurred at a time outside of this
quarter, including:
May: SRS # 02-01754602
July: SRS # 02-01666400; 02-02071866
August: SRS # 02-01913508
September: SRS # 02-01619399; 02-01691109; 02-01878069; 02-02029999
The narrative of SRS #02-01642047 states that the event occurred in September, but an October
date was given in the field for “What date did this occur?”
Therefore, I cannot have full confidence in the accuracy of the summary statistics I am given.
3. I still see instances where the category selected for: “What type of complaint/issue is this?” does not
match the information in the narrative given in the section of the report entitled “Description.” Consequently,
the monthly statistics I receive are inaccurate.
For example, there are six October SRS reports categorized simply as “ADA Compliance”. The narratives
from five of these show that they would more accurately be categorized as another type of complaint.
SRS #02-01767287
“Caller is furious that operator did not call all stops, and failed to curb the bus.”
SRS #02-01800143
“Customer states that the escalator has been out of service for the past three days.”
SRS #02-01795952
“Caller states that an operator did not allow a customer that was in a wheelchair to board the bus.”
SRS #02-01800767
“The customer stated that she is disabled and uses a motorized scooter to get around…She asked the
operator if he could announce to the other passengers to relinquish their seats to a person that was
disabled. The customer stated that the operator refused to make this announcement or even ask
passengers if they could move to the rear of the bus.”
SRS#02-01726031
“Caller states she boarded the bus and she walks with a cane. The bus was crowded and no seats were
available. Caller asked the operator if he could ask anyone if they could allow her to sit down. The
operator looked around and said there are no seats.”
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4th Quarter 2002 Access Living, et al vs. CTA Settlement Agreement
4. For this quarter, the statistics provided by Customer Service show 18 incidences of “Failure to Announce
Stops.” As I noted above, I have evidence that more than 18 complaints of this kind were made by persons
who identify themselves as having a disability. However, I have made requests in the past that I also receive
the count of all complaints about failure to announce stops, even if the caller does not specifically
characterize himself or herself as a person with a disability. I received no SRS reports about failure to
announce stops from people without disabilities, although it seems unlikely that in three months there would
be no such complaints.
B. COMPLIANCE IN PROCESS
The Settlement Agreement does not specify a date by which the practice of managers in the field sending
ADA-related complaints to the Call Center must be institutionalized. However, on November 14, 2002, CTA
issued the following General Bulletin G36-02 to Bus and Rail Managers and Supervisors:
“General Bulletin
TO: Bus and Rail Managers and Supervisors
SUBJECT: Customer Communications
EFFECTIVE: IMMEDIATELY
Effective immediately, please forward copies of all customer comments, compliments and
complaints to your liaison in Customer Service at 120 N. Racine. This will enable the CTA to
compile a centralized database of all customer communications allowing a consistently excellent
level of customer service to be delivered. This procedure is required for compliance with the Access
Living judicial settlement.
Garages and rail terminals should continue their current procedure of investigating customer issues
immediately and contacting their liaison in Customer Service. The response should continue to be
handled by the garage or terminal, unless it has been forwarded from Customer Service with
different instructions.
Should there be any questions regarding the contents of this bulletin, contact a supervisor, instructor,
controller or manager.”
C. FOR FUTURE FOLLOW-UP
The Settlement Agreement does not specify a date by which performance standards based on the level of
ADA-compliance complaints must be implemented. CTA states that at the end of each year, General
Managers develop performance agreements with targets for the subsequent year. These targets are then
used in reviewing their performance. CTA reports that the 2003 performance standards are still being
developed.
D. IN COMPLIANCE - ONGOING
I am provided with these data, which are reported in Table H in Section 22, below. I report this as “In
Compliance” only in the literal sense that CTA does provide me with data. However, I reiterate my concerns
about the accuracy of the data.
13. Disciplinary Guidelines. Within 45 days of the effective date of the settlement, the CTA will amend its
Corrective Action Guidelines to include the following:
Procedural/Performance Violations Which May Warrant Accelerated Discipline
Failure to deploy the lift when requested
Passing up a disabled customer
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4th Quarter 2002 Access Living, et al vs. CTA Settlement Agreement
Failure to deploy the gap filler
Failure to report a broken elevator when person has actual knowledge that the elevator is broken
Failure to call out stops where required
Failure to deploy a working bus stop audio-visual display
Touching a passenger, a passenger’s assistive device or assistance animal without the
permission of the passenger except in an emergency
Deploying a lift in a curb cut or in another inappropriate location
Failing to report a broken lift
Failure to report broken automatic stop-calling equipment when person has actual knowledge
that the equipment is broken
Behavioral Violation:
Insolence or disrespect to a customer, including those with a disability.
In the event that any of these amendments are challenged by employees and/or their collective
bargaining representatives, the CTA shall make reasonable efforts to defend such amendment(s). The
CTA will, however, abide by any binding decision by an arbitrator, court or other decision-maker.
STATUS 12/31/02 - IN COMPLIANCE - COMPLETED
CTA’s Corrective Action Guidelines were revised as of November 14, 2001, which was within the required
time frame in the Settlement Agreement.
All of the violations enumerated in the Settlement Agreement are listed as “Violations Which May Warrant
Accelerated discipline, with one exception. The violation of “Insolence or disrespect to a customer, including
those with a disability” is categorized as a Behavioral Violation “Subject to Immediate Discharge.
14. Brochure.
A. By no later than December 31, 2001, the CTA will distribute throughout its system a brochure that
informs disabled persons how to utilize the CTA system and includes alternate transportation and *1
system information.
B. The CTA will give representatives of the Plaintiffs a reasonable opportunity to review and comment on
the brochure before it is released and distributed.
C. Future versions of the brochure shall include updated access information, consistent with this Settlement
Agreement.
D. The brochure shall be posted on the CTA web site.
E. The CTA shall publish the brochure in non-English languages consistently with how it publishes similar
brochures in non-English languages.
STATUS 12/31/02 -
A. FOR FUTURE FOLLOW-UP
Early in 2002, CTA created a brochure entitled “Get a Lift Out of Life When You Use CTA’s Accessible
Buses and Trains”. Mr. Shurz explained that CTA does not have a standard method of distributing its
brochures. Rather, the distribution method is based on the target market and the expected life of the
brochure. CTA had a substantial level of response to the “Get a Lift” brochure from its initial limited
distribution to a targeted range of individuals and organizations. They are now developing revisions they
intend to share with the plaintiffs and ADA Advisory Committee when available. After further input, CTA will
revise the brochure and distribute it widely throughout the system, including rail stations and bus garages.
In the interim, CTA has printed an additional batch of the existing “Get a Lift…” brochure and copies are
available from Customer Service and on the CTA website
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4th Quarter 2002 Access Living, et al vs. CTA Settlement Agreement
B. IN COMPLIANCE
On December 3, 2001, Plaintiffs’ attorneys provided CTA with a 4-1/2-page letter describing their comments
and suggestions.
C. FOR FUTURE FOLLOW-UP
The planned revised brochure will contain any updated access information.
D. IN COMPLIANCE - ONGOING
There is a link to the brochure on the CTA website at http://www.transitchicago.com/welcome/brochures.html. The
Settlement Agreement did not specify the format in which the brochure should be posted. The brochure is in pdf
format and there is also a link to the Text Only version. CTA states that it is also in the process of converting other
brochures to text format.
E. IN COMPLIANCE - ONGOING
At present, there are only two CTA publications in a language other than English. The CTA Map and the
Douglas reconstruction brochure are published in Spanish. At this time, CTA expects that the “Get a Lift”
brochure will continue to be published only in English.
15. CTA System Map. Beginning with the first edition of the system map that the CTA releases in 2002, the
CTA shall provide information in its system map on how to obtain deployment of the gap filler, the *1
system, and alternate transportation.
STATUS 12/31/02 - IN COMPLIANCE
The new map was released on July 1, 2002. In the section entitled, “Accessible Stations”, there is
information telling riders that they may request deployment of the gap filler by asking the Customer Assistant
or train operator for assistance. The brochure also describes the *1 system that can be used to make a free
call to the Control Center from any pay phone or TTY on a CTA rail station platform. It further says that in
the event the elevator a rider needs is not working, there are alternate routings available, and details can be
obtained from Customer Service at 1-888-YOUR-CTA or from the Customer Assistant at any rail station.
CTA states that future versions of the map will include all relevant TTY numbers.
16. Signage. The CTA shall make reasonable efforts to consider adding signage at elevators informing
customers, among other things, what to do in the event that the elevator is not working.
STATUS 12/31/02 - IN COMPLIANCE - ONGOING
Signs have been developed and are posted, as needed.
17. Performance Control Specialists.
A. Within 45 days of the effective date of the settlement, the CTA shall deploy two full-time equivalent
performance control specialists in wheelchairs.
B. The performance control specialist department shall compile information about ADA-related performance
problems in regular reports circulated to senior CTA bus and rail managers and the Monitor. The Monitor
shall have access to raw data collected by performance control specialists.
C. The Monitor shall be able to make reasonable requests that performance control specialists be deployed
to address potential ADA-related problems. Such requests shall be given the same priority, and treated
with the same degree of confidentiality, as similar requests made by CTA Managers. In no event will the
CTA be required to devote more than 2080 hours of performance control specialist time each year
responding to the Monitor’s requests.
D. Two performance control specialists shall be hired within 45 days of the effective date of the settlement.
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STATUS 12/31/02
A & D - IN COMPLIANCE - ONGOING
Two additional Performance Control Specialist (PCS) positions were added to the unit as a result of the
Settlement Agreement. Hiring dates for the new personnel were December 17, 2001 and December 18,
2001, which were within the required time frame. PCS wheelchair surveillance also began at that time and
continues, as required.
B. IN COMPLIANCE - ONGOING
The reports and raw data are being provided to the Independent Monitor, as required, and demonstrate that
the PCS wheelchair surveillance is of the required quantity, and is of good quality.
C. IN COMPLIANCE - ONGOING
The following table documents the number of PCS observations for this quarter.
th
Table C - Summary of PCS Monthly Reports – 4 Quarter 2002
Observations Oct. 02 Nov. 02 Dec. 02 TOTAL
Bus Operators Recorded for ADA Compliance 363 709 528 1600
Customer Assistants Recorded for ADA Compliance 291 289 247 827
Elevator Inspections Recorded 49 57 36 142
18. Bus microphones. The CTA shall make reasonable efforts to maintain its bus microphones in good
working order.
STATUS 12/31/02 - IN COMPLIANCE - ONGOING
The CTA General Manager of Bus Heavy Maintenance states that the microphone / PA system is fully
inspected at every 4,000-mile preventive maintenance inspection. This occurs approximately every 4-5
weeks.
CTA provided a “Pre-pullout Check, Bus” (7008(11-26-00)) bulletin, issued to each bus operator. Among the
many items to be checked is the public address system. Operators are to report all defects to maintenance
personnel or pullout supervisor immediately upon finding them. PA systems are checked on inspection
and/or pullout, and any defects are to be reported to the Radio Department personnel at the garages for
follow-up and repair.
19. Equipment Checks. The CTA shall make reasonable efforts to check the operation of
A. customer assistant buttons and
B. elevators on a regular basis.
STATUS 12/31/02 -
A. IN COMPLIANCE - ONGOING
General Bulletin G9-98 regarding the Rail Station Defect Log describes how CAs are to report any station
defect/hazard to the Control Center and log it, along with the Controller to whom the report is made and the
work order number given by the Controller. Upon notification of a defect, the Control Center is to dispatch a
CA supervisor to examine the situation, etc.
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CTA has audits of station equipment that report on regular checks of CA Station Call Buttons, as shown
below.
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Table D - CA Station Call Button Audit – 4 Quarter 2002
Observations Oct. 02 Nov. 02 Dec. 02 TOTAL
Number Checked 1,995 1,660 1,663 5,318
Number with Defects 16 12 13 41
Number in Proper Condition 1,979 1,648 1,650 5,277
Percentage in Proper Condition 99.2% 99.3% 99.2% 99.2%
B. IN COMPLIANCE - ONGOING
As noted in Item 5, elevator inspections by contract elevator mechanics and CTA elevator inspectors occur
frequently on a regular basis. PCS personnel also inspect elevators at the stations they use. Furthermore,
the CTA audits include documentation of regular checks of elevators.
20. Class Action. Plaintiffs will refile their action as a class action and the parties will cooperate to provide
notice of the proposed settlement to class members and obtain preliminary and final judicial approval of
the settlement. All costs associated with providing notice to the putative class shall be borne by the CTA.
21. Class. The parties shall request that the Court certify a class consisting of all individuals with mobility,
vision, or hearing disabilities who currently use, have used, or have attempted to use the CTA's fixed
route bus and rail system, as well as those individuals with mobility, vision or hearing disabilities who
have been deterred from such use.
STATUS 12/31/02 - Both Items – NOT APPLICABLE FOR THIS REPORT
22. Independent Monitor. The CTA shall pay up to a maximum of $45,000 per year, plus customary and
reasonable administrative expenses (but not including additional personnel), for a Monitor whose job will
be to compile data and assemble quarterly reports pertaining to the CTA’s performance under this
Settlement Agreement. The parties will discuss possible candidates for the Monitor position. The CTA
will give Plaintiffs’ counsel reasonable advance notice before retaining a Monitor. The CTA shall give
such notice within 45 days after the effective date of the settlement. If Plaintiffs do not agree with the
CTA’s selection, the CTA shall propose retention of another Monitor within 21 days after Plaintiffs’
rejection. After two rejections, the parties will request the Court to appoint a Monitor.
STATUS 12/31/02 - IN COMPLIANCE - ONGOING
CTA and Plaintiffs’ attorneys selected the Independent Monitor, Shelley A. Sandow, and she has served in
this capacity since January 11, 2002. This is within the required timetable of the Settlement Agreement.
She submits the required quarterly reports to the Plaintiffs’ attorney and the CTA General Counsel within one
month of the close of each quarter.
The Settlement Agreement further directs the Monitor to track the CTA’s performance in the following areas
(a) through (j), which are shown in bold type below.
(a) The availability of functional elevators.
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4th Quarter 2002 Access Living, et al vs. CTA Settlement Agreement
STATUS 12/31/02 - IN COMPLIANCE - ONGOING
Mr. Edward Baker prepares an Elevator / Escalator Monthly Report with data about elevators and escalators
that are out of service, as well as reporting the daily average of failed equipment. The data for this quarter
are shown below.
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Table E – Availability of Elevators In-Service – 4 Quarter 2002
Month # of Passenger Elevators # of Inspections Avg. % of Elevators
by Contractors In-Service*
Oct. 02 101 438 96.11%
Nov. 02 101 442 96.72%
Dec. 02 102 404 97.07%
* Note: Time out-of-service includes rehabilitation, inspection, and preventive maintenance time, not only
time when an elevator is broken or undergoing repair. During this reporting period, some elevators were
undergoing the full rehab required in Item 3. The Chicago Building Department also requires five-year
governor safety tests, and when these are performed, the elevators are also temporarily out of service.
These outages are reflected in the average percent of elevators in-service.
(b) The number of bus lift failures in the field.
STATUS 12/31/02 - IN COMPLIANCE - ONGOING
As of the date of this report, 96% of CTA buses have lifts. Of the lift buses, approximately 28% are low-floor.
All future new CTA buses will have low-floor lifts.
Shown below is information on bus lift failures.
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Table F – Bus Lift Failures – 4 Quarter 2002
Month # Lift Failures Reported Failure Rate Systemwide Miles Traveled
By Accessible Fleet
Oct. 02 55 1 failure / 103,462 mi. 5,690,400
Nov. 02 19 1 failure / 297,421 mi. 5,451,000
Dec. 02 51 1 failure / 112,008 mi. 5,712,400
Total or Average 125 1 failure / 134,830 mi. 16,853,800
(c) The number of operator failures to comply with the ADA’s bus stop call out requirements on
CTA buses without working audio-visual displays.
(d) The number of failures to timely deploy gap fillers by operators and customer assistants.
(e) The number of operator failures to deploy a functional bus lift upon request.
(f) The number of unjustified failures to stop for persons in wheelchairs. (Justified failures to
stop include buses that are out of revenue passenger service (e.g., training buses), buses
running express with no scheduled stop at the location of the person in a wheelchair, and
buses that are crowded beyond capacity.)
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Report 4 Quarterly Report
4th Quarter 2002 Access Living, et al vs. CTA Settlement Agreement
(i) The number of operator failures to use external train car speakers to call out train line
identification information when stopped at stations serving multiple train lines going in
different directions.
STATUS 12/31/02 - Items (c), (d), (e), (f), and (i) – IN COMPLIANCE - ONGOING
There are three sources of CTA documentation for these data:
* Performance Control Specialist monthly reports, as well as reports on special surveillances
requested by the Independent Monitor;
* Customer Service Complaint Database monthly reports; and,
* Information received by Independent Monitor in person, via email, surface mail, or phone.
Performance Control Specialists provide monthly reports on their observations, as shown in the next table.
The PCS Violations Reports include detailed information on the Operator Badge Number, Line, Run, Bus
Number, Time, Date, Direction, Location and Garage. The Violations Reports from the PCS staff are sent to
the respective garages/terminals.
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Table G – PCS Summary Report of Actions and Violations Observed – 4 Quarter 2002
Observation Oct. 02 Nov. 02 Dec. 02 TOTAL
Did deploy lift 337 707 528 1572
Did not deploy lift 0 2 0 2
Defective bus lifts/ramp 5 11 2 18
Defective bus wheelchair clamps 11 10 1 22
Defective train wheelchair clamps 0 0 0 0
Failed to offer assistance
to wheelchair passenger aboard bus 66 43 23 132
Bus Operators failed to make
service stop announcements 137 139 145 421
Special Observation
In December, the Independent Monitor requested PCS personnel to conduct a special surveillance. Some
customers had reported that bus operators do not always deploy a lift when requested, whether the customer
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uses a wheelchair or does not. They said this was especially problematic on the Blue Island/26 St. route
(No. 60) and Roosevelt Rd. route (No. 12) because people with disabilities frequently take these routes when
traveling to Access Living or the National Center for Latinos with Disabilities. In addition to their regular
surveillances, PCS staff who use wheelchairs and those who do not carried out a total of 22 special
surveillances on each route. They requested that the operator deploy the lift, and in all 44 cases, the bus
operators did so.
Another source of data is Customer Service monthly reports of ADA Complaints, shown below, although I
have concerns about its completeness and accuracy, as I explained in item 12, above.
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4th Quarter 2002 Access Living, et al vs. CTA Settlement Agreement
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Table H - ADA Complaints - 4 Quarter 2002
CLASSIFICATION Oct. 02 Nov. 02 Dec. 02 TOTAL
ADA Compliance 6 4 2 12
ADA Paratransit 3 2 0 5
Elevator/Escalator Malfunction 4 8 10 22
Failing to Announce Stops 0 18 0 18
Failure to Assist Disabled Customer 13 6 5 24
Failure to Deploy Gap Fillers 0 0 0 0
Refusal to Deploy Lift/Ramp 2 4 1 7
Failure to Operate Lift/Ramp 2 1 0 3
Lift/Ramp Malfunction 4 1 0 5
Missing Handicap Signage 0 0 0 0
No External Announcements 0 0 0 0
Non-Working Lift/Ramp 2 0 0 2
Path of Travel Not Accessible 0 0 0 0
TTY Not Working 0 0 0 0
No Automated Stop Announcements 0 0 0 0
Total 36 44 18 98
I have expressed to CTA that I believe the categories of complaints are not the most appropriate; for
example, it would be useful to have elevator malfunction complaints reported separately from escalator
malfunctions. Mr. Marvin Sledge, Customer Service Information Systems Analyst, researched this and said
that CTA is unable to change the categories of ADA complaints because CTA’s complaint tracking system
ties into the City’s SunTRACK system (the system reached by dialing 311). Therefore, additional categories
of complaints that exist in the CTA’s non-ADA complaint list, such as “Rude behavior” or “Insolence or
disrespect to a customer, including those with a disability”, could not be recorded or tracked for people with
disabilities.
The third source of data is from unsolicited complaints communicated directly to the Independent Monitor by
phone, email, U.S. mail, or in person. Some of these complaints may also have been communicated directly
to CTA, as well, and may be included in the SRS reports. Types of complaints I received this quarter were:
Bus operators failing to call out stops or use the microphone;
CAs not being available for deployment of the gap filler;
Bus operators not deploying the bus lift in the correct location;
Bus lift failure;
Bus operator requiring a customer whose wheelchair was secured to also wear the seat belt;
Inaccurate information on elevator status boards; and,
Issues relating to securement on paratransit vehicles used for alternate transportation.
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4th Quarter 2002 Access Living, et al vs. CTA Settlement Agreement
(g) The number of failures to deploy a functioning audio-visual bus display.
STATUS 12/31/02 - FOR FUTURE FOLLOW-UP
Not applicable at this time because bus audio-visual displays are not yet installed.
(h) The provision of alternate transportation to customers stranded because of non-working
elevators or bus lifts.
STATUS 12/31/02 - FOR FUTURE FOLLOW-UP
I believe that the procedures for logging when riders use alternate transportation are still under development
by CTA. The sources of information available to me at this time are:
Elevator Rehabilitation Logs from the Control Center, which record the provision of paratransit as
alternate transportation
Invoices from CDT which are sent to CTA Paratransit Services
Emergency Calls from Customers with Disabilities, from the Control Center
It is difficult for me to correlate one data source with the other because the time periods for each report are
not alike and the formats are inconsistent. I will discuss this with the relevant personnel in the various
departments involved during the next quarter.
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Information given to me from the “Elevator Rehabilitation Log”, for this 4 quarter is summarized below:
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Table I - Alternate Transportation (Paratransit) Rides Provided - 4 Quarter 2002
(From Elevator Rehabilitation Logs - N/A means elevator was not out of service during that month.)
Elevator Under Renovation
(Ride may be for boarding or alighting
at the station shown below.)
Oct. 02 Nov. 02 Dec. 02 TOTAL
O’Hare 6 N/A N/A 6
Clark & Lake/203 N. LaSalle 6 7 N/A 13
Rosemont N/A N/A N/A N/A
Merchandise Mart N/A N/A N/A N/A
Total 12 7 0 19
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4th Quarter 2002 Access Living, et al vs. CTA Settlement Agreement
Information from CDT invoices I was provided is shown below:
Table J - CDT-Reported Alternate Transportation Shuttle Rides
Elevator Under Renovation
(Ride may be for boarding or alighting
at the station shown below.)
Oct. 02 Nov. 02 Dec. 02 TOTAL
O’Hare & Rosemont (Blue Line) 13 N/A N/A N/A
Clark & Lake/203 N. LaSalle or 10 54 34 98
Merchandise Mart
The total of number rides reported by CDT is greater than the number of rides accounted for in the Elevator
Rehabilitation Logs. CTA says this discrepancy is because at the stations where shuttles are stationed, a
customer who needs the paratransit alternative transportation is permitted to board the vehicle without a call
going through the Control Center. This is to avoid delays in transportation.
The major elevator rehabilitation program required by the Settlement Agreement should be completed by the
end of the next quarter (March 2003). CTA recognizes that it must still provide alternate transportation for
disabled customers stranded at stations with inoperable elevators when there is:
(a) No accessible bus service within 1/3 of a mile of the station.
(b) Accessible bus service within 1/3 of a mile of the station, but to get to within ½ mile of his/her
destination or to an accessible station on the customer’s intended rail line the customer would
have to make more than one additional transfer.
(c) Another elevator at the station, but a ride back in the opposite direction to the next accessible
station platform to catch a train in the customer’s intended direction will add 30 minutes or more
to the length of the customer’s trip.
In order for nearby accessible bus service to be considered accessible, the path of travel from the rail
station to the bus stop must be accessible. The rideback option shall only be utilized if CTA personnel
have concluded after reasonable inquiry of the Customer Assistant Controllers that the elevator(s) at the
rideback station is in service. When Customer Assistant Controllers are not on duty CTA personnel shall
be entitled to rely upon the last posted elevator status information.
It is not clear to me how these individual rides that are arranged through CAs will be logged in at the Control
Center or how CDT will invoice CTA. Ideally, a system would be developed that would allow these two
sources of data to serve as internal crosschecks with each other. I look forward to a system is developed
that also makes it simple to provide the Independent Monitor with appropriate information for future reports.
(j) Other areas agreed to by the parties in consultation with the Monitor.
STATUS 12/31/02 - FOR FUTURE FOLLOW-UP
23. Operational Improvement Fund. Each year the CTA shall set aside $100,000 in operating funds. The
CTA shall allocate and spend those funds on equipment, programs, or personnel based upon the
findings made by the Monitor as to the CTA’s performance in various areas that are covered by this
Settlement Agreement and recommendations made by Plaintiffs’ counsel. The CTA shall allocate these
funds to ADA-related operational area(s) that the data show are in need of improvement.
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STATUS 12/31/02 - FOR FUTURE FOLLOW-UP
As of December 31, 2002, no decisions were made about the use of the FY2002 funds. Various plaintiffs
suggested that a decision on use of funds be made after a full year of experience and reports under the
Settlement Agreement, so areas of compliance that need additional attention can be more easily identified.
Plaintiffs’ attorneys and CTA agreed to this strategy. Mr. Thomas Bamonte advises that the full amount of
$100,000 for 2002 will be carried over and added to the $100,000 fund for the 2003, for a total of $200,000
for FY2003.
24. Training Materials. Before implementing any substantial change to its training program on ADA-related
issues the CTA shall review such proposed changes with the CTA ADA Advisory Committee. The CTA
will provide drafts of training materials to the Monitor on the same basis as it supplies drafts of materials
to the CTA ADA Advisory Committee and will consider comments on such materials made by the
Monitor.
STATUS 12/31/02 - IN COMPLIANCE - ONGOING
An updated bus operator training video is under development. The draft video script was mailed to the CTA
Advisory Committee and the Independent Monitor, as required for their feedback and recommendations.
Also, CTA is developing a new ADA-related training brochure for bus operators. The Independent Monitor
and the CTA ADA Advisory Committee reviewed a draft and Mr. Levin is integrating their comments into the
new brochure.
25. Training Resources. The CTA shall consider redeployment of its ADA-related training resources,
including those of its ADA Compliance Office, taking into account factors such as increasing usage of the
CTA rail system by disabled customers.
STATUS 12/31/02 - IN PROCESS - ONGOING
In response to a question raised to me by customers with disabilities, CTA reports that all bus operators, not
just those on designated accessible routes, receive training on disability and ADA issues.
CTA reports that CA Supervisors are being retrained in the alternate routing and alternate transportation
procedures, and CAs will be reinstructed during the next quarter. Twice yearly, all CAs are required to
deploy a gap filler in the presence of supervisors or managers to determine their proficiency. If needed,
retraining is provided.
End
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