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HomeMy WebLinkAbout02-354 Resolution No. 02-354 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDED FACADE IMPROVEMENT PROGRAM AGREEMENT WITH VICTOR GONZALEZ (15 N. State Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a First Amended Facade Improvement Program Agreement between the City of Elgin and Victor Gonzalez, for facade improvements at 15 N. State Street, Elgin, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 6 , 2002 Adopted: November 6 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk FIRST AMENDED FACADE IMPROVEMENT PROGRAM AGREEMENT THIS FIRST AMENDED FACADE IMPROVEMENT PROGRAM AGREEMENT is made and entered into this ( ji4- day of W0VG^ 6Gj?_ , 2002 , by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") , and Victor Gonzalez (hereinafter referred to as "Owner") . WHEREAS, the parties hereto have previously entered into a Fagade Improvement Program Agreement for the property located at 15 N. State Street, Elgin, Illinois, dated July 3 , 2002 (hereinafter referred to as "Original Agreement" and attached hereto as Attachment "A" ) ; and WHEREAS, the parties hereto have each determined it to be in their best interests to amend Original Agreement to provide for additional financial assistance from City to Owner for additional facade improvement work. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree to amend Original Agreement as provided by this First Amended agreement herein. Section 1 . The total approved project costs for facade improvements for the structure referred to herein shall be $54 , 500 . 00 , as set forth in Attachment B attached hereto (such total approved project costs for facade improvements are hereinafter referred to as Eligible Costs and such structure is hereinafter referred to as the "Structure" ) . The City shall pay the Owner a sum not to exceed $28, 750 . 00 , being 50% of the total Eligible Costs, for facade improvements to the Structure approved pursuant to the provisions of this Agreement . The project shall be confined to approved improvements made to that part of the Structure visible from any public right-of-way. All parties hereto agree that all payments from the City provided for herein shall be made to Victor Gonzalez, who shall provide the City with a full release upon receipt . Section 2 . Eligible costs shall include labor, material and equipment costs, and such other costs as may be reasonably necessary for the execution and completion of the facade improvement hereby provided for (hereinafter referred to as the "Work") , as designated from the design drawings and specifications approved by the Project Review Team pursuant to the provisions of Section 3 herein and prepared by Consultant (hereinafter referred to as "Plans") . Section 3 . No Work shall be undertaken or shall be considered to constitute the basis for an Eligible Cost until the design for such Work has been submitted to and approved in writing by the Project Review Team, consisting of the City's Urban Design and Preservation Specialist and City's Principal Planner, and any other member designated on the Project Review Team. Such design shall include, but not be limited to, a date certain by which the Work shall be completed. In no event shall such Work be completed more than one hundred eighty (180) days from the date of this Agreement, without the written consent of the Project Review Team. Section 4 . The Project Review Team shall be permitted access to Structure to periodically review the progress of the Work. Such review shall not be in lieu of any other inspections which may otherwise be required by law or by City. Any and all portions of the Work which do not, in the sole discretion of the Project Review Team, conform to the Plans or other applicable terms of this Agreement, shall be made to conform to the Plans and other applicable Terms of this Agreement upon written notice of the existence of such non-conforming portions . Section 5 . Upon completion of the Work, and upon final inspection and written approval by the Project Review Team and such other final inspections and approvals as may be required by law, Owner shall submit to City: (1) an executed, notarized itemized contractor statement reflecting the total cost of the Work and each portion thereof, including, but not limited to, the cost of labor (whether provided by any contractor or subcontractor) , materials and equipment ; (2) copies of all bids, contracts and invoices submitted, executed or incurred pursuant to the Work; and (3) reasonable proof of payment of all costs incurred pursuant to the Work. All work shall be completed within a reasonable time as determined by City in City' s sole discretion. City may provide partial payments upon the completion of discrete items of work in each phase in City' s sole discretion as determined by City' s historic preservation specialist upon such terms as City' s historic preservation specialist may require . Section 6 . City shall pay to Owner the sum provided for at Section 1 herein within thirty (30) days of Owner's compliance with the provisions of Section 5 herein. In no event shall the amount paid to Owner exceed the amount specified in this Agreement or in the contractor statement . City may at City' s sole discretion make partial payments to Owner upon partial completion of the Work upon submission of invoices for such partially completed work and any applicable waivers of lien upon approval by City staff . Section 7 . In the event Owner fails to complete the Work in accordance with the terms of this Agreement, or otherwise breaches the terms of this Agreement, City may terminate this Agreement upon written notice of breach and termination to Owner, and any and all financial or other obligations on the part of City shall cease and become null and void. Section 8 . Upon completion of the Work, and for a period of five (5) years thereafter, Owner shall properly maintain the Work in its finished form, without alteration or change thereto, and shall not enter into any agreement, or take any other steps to alter, change or remove such Work, or to create or undertake any 2 other Work which may constitute a deviation from the Plans, without prior written approval from the Project Review Team in its sole discretion. Section 9 . Nothing herein is intended to limit, restrict or prohibit the Owner from undertaking any other Work in or about the subject premises which is unrelated to the facade improvement provided for in this Agreement . Section 10 . This Agreement shall be binding upon City and its successors, and upon Owner, Owner's successors and assigns for a period of five (5) years from and after the date of completion and approval of the Work. Owner shall provide subsequent Owner (s) of Structure with a copy of this Agreement . This Agreement shall run with the land underlying Structure . Section 11 . If Owner does not own the underlying property for which Work is being done, Owner warrants and represents to City that Owner has a lease at the location for which the Work is proposed for a term of at least six (6) years . Owner further warrants and represents that he has received authorization from all owners of the property for which Work is to be done to accept funds under this program and to undertake the Work. Further, such owner (s) of the property for which Work is to be done hereby acknowledges that he is aware of this Agreement and authorized the Work which is to be made to the Structure . Said owner (s) of the property for which improvements are to be made further acknowledge that, as owner of the property, he is a party to this Agreement and is bound by the provisions of this Agreement specifically, but not limited to, the provisions of Section 6 of this Agreement . Each "Owner" signature hereto hereby warrants and represents that there are no other entities having an ownership interest in the Structure, which have not executed this Agreement . Section 12 . To the fullest extent permitted by law, Owner agrees to indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney' s fees, damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Owner, Owner' s employees or agents in the performance of this agreement . In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City' s choosing. Section 13 . This Agreement shall not be construed to create a partnership, joint venture, employment or other agency relationship of any kind between the parties hereto. Section 14 . This Agreement shall be subject to and governed by the laws of the State of Illinois . The parties hereto hereby agree that venue for any and all actions which may be brought by 3 each and either of them to enforce the provisions of this Agreement shall be in the Circuit Court of Kane County, Illinois . Section 15 . The terms of this Agreement shall be severable. In the event that any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect . Section 16 . Owner's Name : Victor Gonzalez Address : 11 N. State Street City: Elgin, IL 60123 Telephone Number: (847) 695-1384 Property Location: 15 N. State Street Ownership Interest : Property owner Contact Person: Victor Gonzalez, property owner Donato Frozolone, contractor (630) 766-9136 Section 17 . This First Amended Agreement constitutes the sole agreement between the parties hereto and supercedes Original Agreement . No other agreements exist between the parties hereto either oral or written, and this Agreement may not be amended without written agreement by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first appearing above . As to CITY OF ELGIN: 4erty R By: .�: Olufem Fola n Gonzalez Int anager Owner ATTEST: Dolonna Mecum, City Clerk F:\Legal Dept\Agreement\FacadeImprovementProgram-15 N State-Gonzalez 1st Amendment.doc 4 �Tf�UjN1�1T �- CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT 15 N. STATE STREET HIS AGREEMENT is made and entered into this 3 day of 2002, by and between the City of Elgin, Illinois, a mqyi s pal corporation (hereinafter referred to as "City") , and Vict r Gonzalez, the property owner, (hereinafter referred to as "Owner") . WHEREAS, City has established a facade improvement program (hereinafter referred to as "Program") for application within certain areas of the corporate limits of City designated by City as appropriate for such application (hereinafter referred to as "Rehabilitation Areas") ; and WHEREAS, Program is administered and funded solely by City for purposes of the control and prevention of blight, dilapidation and deterioration of Rehabilitation Areas; and WHEREAS, pursuant to Program, City has undertaken to share the cost of facade improvements to certain structures within Rehabilitation Area, pursuant to the criteria set forth herein; and WHEREAS, Owner owns at least 50% of subject commercial building (s) , or is the tenant of commercial building (s) located within Rehabilitation Area, with owner having provided the owner's consent and authority to participate in Program pursuant to the terms and provisions of this Agreement . NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : Section 1 . The total approved project costs for facade improvements for the structure referred to at Section 16 herein shall be $33, 820 . 00, as set forth in Attachment A attached hereto (such total approved project costs for facade improvements are hereinafter referred to as "Eligible Costs" and such structure is hereinafter referred to as the "Structure") . The City shall pay the Owner a sum not to exceed $16, 910 . 00, being 50% of the total Eligible Costs, for facade improvements to the structure approved pursuant to the provisions of this Agreement. The project shall be confined to approved improvements made to that part of the Structure visible from any public right-of-way. All parties hereto agree that all payments from the City provided for herein shall be made to Victor Gonzalez, who shall provide the City with a full release upon receipt . Section 2 . Eligible costs shall include labor, material and 1 equipment costs, and such other costs as may be reasonably necessary for the execution and completion of the facade improvement hereby provided for (hereinafter referred to as the "Work") , as designated from the design drawings and specifications approved by the Project Review Team pursuant to the provisions of Section 3 herein and prepared by Consultant (hereinafter referred to as "Plans") . Section 3 . No Work shall be undertaken or shall be considered to constitute the basis for an Eligible Cost until the design for such Work has been submitted to and approved in writing by the Project Review Team, consisting of the City's Urban Design and Preservation Specialist and City's Principal Planner, and any other member designated on the Project Review Team. Such design shall include, but not be limited to, a date certain by which the Work shall be completed. In no event shall such Work be completed more than one hundred eighty (180) days from the date of this Agreement, without the written consent of the Project Review Team. Section 4 . The Project Review Team shall be permitted access to Structure to periodically review the progress of the Work. Such review shall not be in lieu of any other inspections which may otherwise be required by law or by City. Any and all portions of the Work which do not, in the sole discretion of the Project Review Team, conform to the Plans or other applicable terms of this Agreement, shall be made to conform to the Plans and other applicable Terms of this Agreement upon written notice of the existence of such non-conforming portions . Section 5 . Upon completion of the Work, and upon final inspection and written approval by the Project Review Team and such other final inspections and approvals as may be required by law, Owner shall submit to City: (1) an executed, notarized itemized contractor statement reflecting the total cost of the Work and each portion thereof, including, but not limited to, the cost of labor (whether provided by any contractor or subcontractor) , materials and equipment; (2) copies of all bids, contracts and invoices submitted, executed or incurred pursuant to the Work; and (3) reasonable proof of payment of all costs incurred pursuant to the Work. Section 6 . City shall pay to Owner the sum provided for at Section 1 herein within thirty (30) days of owner's compliance with the provisions of Section 5 herein. In no event shall the amount paid to Owner exceed the amount specified in this Agreement or in the contractor statement . Section 7. In the event Owner fails to complete the Work in accordance with the terms of this Agreement, or otherwise breaches the terms of this Agreement, City may terminate this Agreement upon written notice of breach and termination to Owner, and any and all 2 financial or other obligations on the part of City shall cease and become null and void. Section 8 . Upon _completion of the Work, and for a period of five (5) years thereafter, Owner shall properly maintain the Work in its finished form, without alteration or change thereto, and shall not enter into any agreement, or take any other steps to alter, change or remove such Work, or to create or undertake any other Work which may constitute a deviation from the Plans, without prior written approval from the Project Review Team in its sole discretion. Section 9. Nothing herein is intended to limit, restrict or prohibit the Owner from undertaking any other Work in or about the subject premises which is unrelated to the facade improvement provided for in this Agreement . Section 10. This Agreement shall be binding upon City and its successors, and upon Owner, Owner's successors and assigns for a period of five (5) years from and after the date of completion and approval of the Work. Owner shall provide subsequent Owner(s) of Structure with a copy of this Agreement. This Agreement shall run with the land underlying Structure. Section 11. If Owner does not own the underlying property for which Work is being done, Owner warrants and represents to City that Owner has a lease at the location for which the Work is proposed for a term of at least six (6) years . Owner further warrants and represents that he has received authorization from all owners of the property for which Work is to be done to accept funds under this program and to undertake the Work. Further, such owner(s) of the property for which Work is to be done hereby acknowledges that he is aware of this Agreement and authorized the Work which is to be made to the Structure. Said owner(s) of the property for which improvements are to be made further acknowledge that, as owner of the property, he is a party to this Agreement and is bound by the provisions of this Agreement specifically, but not limited to, the provisions of Section 6 of this Agreement . Each "Owner" signature hereto hereby warrants and represents that there are no other entities having an ownership interest in the Structure, which have not executed this Agreement . Section 12 . Owner hereby holds harmless and indemnifies City from and against any and all causes of action, suits, claims for damages, and any and all other liability, which may arise out of or in connection with Owner's or Owner's agents, employees and assigns' negligent performance of any of the terms of this Agreement . Section 13 . This Agreement shall not be construed to create a partnership, joint venture or employment relationship between the parties hereto. 3 Section 14 . This Agreement shall be subject to and governed by the laws of the State of Illinois . The parties hereto hereby agree that venue for any and all actions which may be brought by each and either of them to enforce the provisions of this Agreement shall be in the Circuit Court of Kane County, Illinois . Section 15 . The terms of this Agreement shall be severable. In the event that any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect . Section 16 . Owner's Name: Victor Gonzalez Address : 11 N. State Street City: Elgin, IL 60123 Telephone Number: (847) 695-1384 Property Location: 15 N State Street Ownership Interest : property owner Contact Person: Victor Gonzalez, property owner Donato Frozolone, contractor (630) 766-9136 . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first appearing above. As to CITY OF ELGIN As to OWNER: BY: \.....�..w. BY. i gal Olufemi �Iln Vic G Interi Property Owner ATTEST: Dolonna Mecum, City Clerk 4 y-WA" wAa -Q6w V,.,124 Arm",,, •e.! '......r.!-1Awe.:{s.fLatl�tra.o! Victor Gonzales 11 N. State Street Elgin, IL. 60120 847-695-1384 Work to be performed at 15 li. State street Elgin, IL. 60120 We will furnish all the required materials, which we guarantee will be as specified, and we will perforce all the labor required for the completion of the front facade of building 15 N. State Street Elgin. Remove glass block on first floor and install new store front Remove siding from windows 2nd and 3rd floor. INstall new windows on 2nd and 3rd floor to fit brick opening. Clean brick and tuck point front New dryvit store front . 4 lights in front of building. Painting of canopy at top of building. The above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a workmanlike manner for the snm of Twenty seven thousand nine hundred twenty dollars. (:27,920.00) with payments to be made as follows: $3,000.00 down and balance as work progresses. Changes in the above specifications may be made only upon written agreement, and extra charges will be made. All agreelff6hts are contingent upon strikes, adcidents ordelays beyond our control. You are to carry fire, tornado and other necessary insurance upon above work. Our workers are fully covered by workmen's Compensation and Public Liability Insurance. This proposal may be withdrawn by us at any time before acceptance. Respectfully submitte , Per Acceptance. The above prices, specifications and conditions a ccepte Payments will be made as set forth above. Accepted Signa e_. Date D �� Signature MAY-14-02 MON 22:29 P.02 ASM rhns.rdrtl0n Inc. Fax May 15 '02 C, 'C3 F -2 AGSM ASM CONSTRUCTION INC. CONSTRUCTION 2716 S.Grove Avenue Berwyn, EL 60402 phone: (709)494-9565 Fax:(708)494-6260 PROPOSAL PROPOaAL.stJ1A.IlTtPDTO Piio21L DATE —� -- - D FRAI A.M^%W-MM 6JEVl6691I6 OLi yAt eTRJ?ET J M loa FA>ta "I MOM"KAT. REEUIID FrORE PROM CrrT,VTATE,AND ZIP PDa tOCATWW --_. WOM DALL IL SO191 •IS Y 7TATE n.El.OD7,Il_ We beeerby ftbelh 1pedAcadw*W eselmata for: BUII.O BRICK BULL FOR NEW STORE FRONT We Propose hereby to furnish labor and,Tlaterial-cortsplete in aeootdtitce with above specifications,for the sum of FIVE THMISAM N=HUNDIW —6, UP00 00 ` AOLIUARS(S A3"1'meirr ro ee MAna As MWA In FOR MATERIALES in WORK IN PROGRESS 113 UPON OOavmanoN lm=C8700WNw lJadar dr Madrrale4 Ua.La.aaN ocalraNOt.$aoa�saEer.>abata4 aeaaai.!maa.a a0'aQet p�eoa 1e5oiab.m��.1�papeaty nadr nW paid Ar Aie htor. saroitee.ermstwlat,twaf i�em�>Rroeitiad�*p+*R7WP1'1P�Y•tMOwerIn.SWmr7➢.a.all'awEaViti++�clwm.lPifibeb���'i� wadt a[itiporovwt asd aeieiedeaecxU�t b a�e(beylm.+aet daasdl�aoio.Olr+e(ie k aOin die eoLL+ey raoa�der d4a aoulq aOaae Qa praDM7 m%do4andt&giri Oma oo mmacespsyawd bad beraedddtaaa4 lsafea Baldta.ddalbataaaamoa:a.d ISO Sm50%*F%6amtradW"a.daeamis additiaabagaoo�es..Rtery rnlmosarseeesbselbe vvWbowd 10OuK*maim%0afOwdatoaaraa Pas=f-� 6bar,nnimaea.0m•4t. maaaiatl&r Orc.wak doeol�od io ak mmax .ai*mrr _7 Yua ara wd whed 10 d11 WA n Ifec'rl rsymco WObs made n oWiW Am Weft Tlv.pt".1 may b.wA&Am... by 0 fad 0.oei*.d ai*,A_611 DWdaeogaat�e:, floc'- -- �g d1NU517� Ct'•11C� ����9_F"'r 4M4i „ N th avvaN oN fYd �t7r-dg Its 'Wf1't� M S�+o�NIM ara ld t j I 1r��al5 �hn NON NakW a.1. v3td -A?NQ M3N C rya N �v79 NI ( 1t18 C'�N NI '3��J Qt`► °1tvu�J 2na 1� •�� 3'3� �NU5�k3 3/1a1,�) ....._,.�. f ......... ....... � ��12?� �NIISJ X� z�ld �1�� �NU51X3 r-+kL d cv, SN, ,4mao ass +ar�Vds� Vag NOal .JS1 o PNU�tx-# �-d a1. �•Y�zc�oa ark+ NWY�3d W. El •�'S-d ooh t+�.►, •�,ot� ort �r�l�do �NUSJx� �7pd9 Z}O N4' 'J GL 5MOCNIN Nt:�N 1-141,M1N aooM .r a MoaN�M MAN MAN do 41toa �fib5 1%6 L ie �d aJ45 Hso zQl1£I� .� S No►..�t�W1N� i 0*.c by ca_,­ i.�.ir, .....,�... ,-��urx'=-'t_'"�+--+ .—._ .. L"+-s.^!_^g:;as+_c Ml.•!.-.r...N,n.q.:+rsw.,:r -.----•- If,, Master Generots, Inc. Page No, ENERALS COMNERCVV-INDUSTRIAL Proposal No. GENERAL CONTRACTORS DEVELOPERS Sheet No, 7NB99 WEST DRIVE 70M97-8402 { SOUTH ELGIN.1160177 FAX 708-697-8445 pate BONDED&MURED ; Proposal Submitted To Work To Be Performed At Name Victor Gonzalez Street 15 N. State Street rL. Street 1 state Street City Elgin -- State City Elgin Date of Plans state• IL• Architect Telephone Number --m-695-1 We will furnish all the required materials,which we guarantee will be as specified,and we will perform all the labor required for the completion of the front facade of buildin 15 N. State Street, ELgin. Remove glass block on first floor and install new store front. Remove siding from windows 2nd & 3rd floor. Install new windows on 2nW & 3rc ' floor to � t "brieopening. Clean brick and point front. New brick store front_ 4 lights in front of bu:LTIng Painting of canopy at top of bu i lding. - The above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a workmanlike manner for the sum of Fifty-six thousand dollars Dollars JS 56,000.00 with payments to be made as follows- down and ,balance_as_work �ragresses. Changes in the above specifications may be made only upon written agreement,and extra charges will be made.All agreements are I I contingent upon strikes, accidents or delays beyond our control.You are to carry fire.tornado and other necessary insurance upon above work. Our workers are fully covered by Workmen's Compensation and Public Liability Insurance. This proposal may b4 withdrawn by us at any time before acceptance- # Respectfully submitte I Per— C'1Cft'�,ti2lllCi' r The above prices,specifications and conditions are accepted"Payments will be made as set forth above- Accepted Signature Date_ _ Sinnatiorp SWORN STATEMENT FOR CONTRACTOR AND SUBCONTRACTOR TO OWNER VECllG ............. ................. ss A._/ Donato r03olOne - ---------------_ xfimddyp-*�.on voh dpo—p Presi de nt o f D Fr az A A ss oci-a t e 321--F rb t:pe,ft-- Wd6d-Dd 14-,--11;—6-01.9T....... . ..................................... .............................I........................1­1............I........... ..............I.......... contract with(.71-...—Victor GOnzalex 15 N. ............ ................... ...... . 1:ifi; k1q I 131........................I——...... .................. ...................... ............................ on thefollowrint mid cv.no,1—ir:................................ : TMs.Jw tha prupon o/rafd ranfroer.Nt Jo)for.ind persons Aare been conbocMd wid,and parr Jrrm,A.d,w err/,trrriahig n+.d praprrinX meurtals ........... ......... .................. ........................ ......................... ............................. for,and hare dew*rare doing lob-or on xviJ improvement_That Aare is d.r end to become due the..—p—a—ty.the_o _p.pp.,im their na,na, for materials or tabor,u mard.JUI this jute-ral 4 mad.to maid v�m......for J-patpoie of pmr-ing from-id owner.....141 Partial_Find Payment on said contract,andir a f a r-S a-d—pt-t--ftteme-t ofaff—A Ferrokx and a-fthe amount/paid.J..and ro tworm,due them. (1)A Inembot of the firm of.of Pfficel of The corporation of.sawing a&W�It 0 subcontractor so state and t=tn*the contractor.(2)Name,of the owner or—em(31 What 1bt contract or subcontract is for.(4)PanW of Maj Payment. NAME AND ADDRESS CONTRACTFOR Amoumvp 70TAL rREVIOUS AM 0vmT OF BALANM COICTRACr PAYMENTS TmS PAYMEIrT DV[ Demo &_Dumpster D. Frat 4,500 00 raura aation Repair A9H Con—s-F-.——5—,3DV Concrete _u.—Fra z --T;-5W Mason ASH Const. 6,500 00 Car pantry ASH Const 10 500 00. Glass & Alum ASK Const 8,500 00 Bldg Wash b Point All -Pro — 3,500 00 Painting R.B. Decor. 2,500 -60 Electr1c D.F. EleFt�ric4,000 00 General D. Fraz 7,500 00 00 TOTAL 154,50 0 It I I I I L AMOUNT OF ORIGINAL CONTRACT 3 TOTAL AMOUNT REQUESTED 3 EXTRASTO CONTRACT S LESS %RETAINED $ TOTAL CONTRACT AND EXTRAS I NETAMOUNTBARNBD S CREDITS TO CONTRACT S AMOUNT OF PREVIOUS PAYMENTS 3 NET AMOUNT OF CONTRACT f AMOUNT DUE THIS PAYMENT S BALANCE TO COMPLETE S It is understood that the total­1 paid to date Fins-he amomat requestod in thk appAcmd-m$hall­A oxceed.......R of the cost of­vtk compleird to dam I aArL'c to furnish Waivers of Utu for all materials under my contract vhcu dem ...f7. ......... ----- ------- ............. d.yof. ......... ----. _- 19.-.- -------------------- ---- --------- ............. Notaryinmi,tir The sbo.e axom statement abouid be obtained b7 1br o­,bdot—b—d—ry py­mt. COMMITTEE OF THE WHOLE MEETING OCTOBER 9, 2002 The regular Committee of the Whole meeting was called to order by Mayor Schock at 6 : 00 p.m. in the Council Chambers . Present : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Absent : None . Approval of Minutes Councilmember Wasilowski made a motion, seconded by Councilmember Gilliam, to approve the minutes of the September 25, 2002 , regular meeting. Upon a roll call vote : Yeas : Councilmembers Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . Councilmember Figueroa voted present . Consideration of Approval of a $4 . 5M DCCA Grant Agreement Mayor Schock thanked Senator Rauschenberger and Representative Hoeft for all their efforts in helping secure this grant which will enable the City to fulfill a long-term goal of acquiring the Elgin Salvage Yard and reclaiming it for public use . A resolution will be presented at tonight' s Council meeting for adoption by the City Council . RFP for Safety and Loss Control Professional Services Councilmember Walters made a motion, seconded by Councilmember Wasilowski, to award a contract to Arthur J. Gallagher Risk Management Services, Inc . in an amount not to exceed $20, 000 . Upon a roll call vote : Yeas : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None. Consideration of an Amendment to the Scope of Proiect Work at 15 N. State Street under the Facade Improvement Program Councilmember Figueroa made a motion, seconded by Councilmember Yearman, to remove this item from the table . Upon a roll call vote : Yeas : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . Councilmember Wasilowski made a motion, seconded by Councilmember Yearman, to approve the request to amend the scope of the Facade Improvement project to allow for the additional Committee of the Whole Meeting October 9, 2002 Page 2 work in a total amount of $28, 750 . Upon a roll call vote : Yeas : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . Consideration of the Purchase of Cardio Equipment for the Elgin Recreation Center Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve a contract with Direct Fitness Solutions in the amount of $23 , 950 for four Programmable Treadmills and two Total Body Elliptical Trainers . Upon a roll call vote : Yeas : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . Change Order No. 13 with M.I .C. , Inc. for Phase I Riverfront/Center City Project Councilmember Walters made a motion, seconded by Councilmember Wasilowski, to approve the proposed change order in the amount of $27, 833 . Upon a roll call vote : Yeas : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . Consideration to Approve Amendment No. 3 to an Agreement with Civil Design Group for the 2001 Sewer Project - Allen Drive/Bruce Drive Drainage Improvements Councilmember Yearman made a motion, seconded by Councilmember Gilliam, to approve the proposed amendment in the amount of $28, 000 . Upon a roll call vote : Yeas : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . Consideration to Approve Amendment No. 2 to an Agreement with Baxter & Woodman for Construction Related Inspection Services for the Bowes Road Interceptor Sewer - Phase 1B - Part B Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the proposed amendment in the amount of $233 , 000 . Upon a roll call vote : Yeas : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . Program Year 2003-2004 Community Development Block Grant Hearing Process Councilmember Walters made a motion, seconded by Councilmember Figueroa, to establish the following schedule for the CDBG public hearing and work session dates and to give priority City of Elgin Agenda Item No. o '7 October 4, 2002 ALIVE DOWNTOWN TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: 15 North State Street Facade Improvement Program Property owner - Victor Gonzalez Amendment to Scope of Project Work PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a request to amend the scope of work proposed to be carried out at 15 N. State Street under the State Street Facade Improvement Program. BACKGROUND In June of this year, the City Council approved an application by the property owner at 11 and 15 N. State Street to participate in the State Street Facade Improvement Program. The application originally proposed the use of "Dryvit" to reconstruct the storefront . At that meeting, the Council expressed its desire that brick be used instead of "Dryvit . " In order to ensure this, the Council indicated it would assist in covering a part of the additional $5, 900 . 00 in costs. The property owner chose not to take advantage of this offer finding that his budget would allow him to proceed with the project . Accordingly, an agreement was entered into where the City and the owner would equally split the $33 , 820 . 00 in total project costs. The request was approved by the City Council . However, in the course of on-going construction at 15 N. State Street, when the non-original glass block fagade was removed, several of the original cast iron columns were discovered. This required revisions to the scope of work since the program guidelines require original features on the fagade to be preserved and incorporated into the reconstructed design. Facade Improvement project at 15 N. State Street October 4 , 2002 Page 2 Additionally, it was determined that the concrete slab under the entrance to the store was in need of complete reconstruction and reinforcement . This was necessary in order to bear the load of the proposed new brick masonry construction, and facilitate the installation of a new entry door to the building. The property owner provided City staff with two revised cost estimates for the project as follows : 1 . Master General $56, 000 . 00 2 . D. Fraz & Associates $54 , 500 . 00 The accepted bid that meets the requirements of the project is provided by D. Fraz & Associates at $54 , 500 . 00 and is also the lower bid. This now brings up the property owner' s share of the costs to $27, 250 . 00 . He has indicated that this increase in his share of the expenses is now greater than what he can finance . He is now requesting consideration of the Council' s original offer of assistance to help cover part of the cost of using brick masonry. He is requesting assistance in the amount of $1, 500 . 00, which would be applied towards completion of the originally quoted $5, 900 . 00 costs for the proposed masonry work. The previously approved agreement is for $16, 910 . 00 in City assistance towards a $33, 820 . 00 project . As revised, the program would fund 50% of the total $54, 500 . 00 in project costs, amounting to a City participation of $27, 250 . 00 . With the additional cost of $1, 500 to offset the cost of the brick masonry work, the city' s participation would be $28, 750 . 00 . This grant of $28 , 750 . 00 is an increase of $11, 840 . 00 over the $16, 910 . 00 originally approved in June. No amendment is proposed for the project at 11 N. State Street at this time, for which the Council approved a fagade grant in the amount of $15, 140 . 00 in June of this year. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. ' Facade Improvement project at 15 N. State Street October 4, 2002 Page 3 ,A FINANCIAL IMPACT v� The total budget in the State Street Facade Improvement Program funded under account number 275-0000-791 . 78-99, Riverboat Rehabilitation Grant was originally $150, 000 . The total amount that will be provided to the property owner for the project at 15 N. State Street amounts to $28, 750 . 00 . There are sufficient funds in. project #079821 to fund this project . LEGAL IMPACT he existing agreements between the property owner and City of V'NElgin would need to be amended for this project at 15 N. State Street . ALTERNATIVES 1 . Approve the request from Mr. Gonzalez to amend scope of the Facade Improvement project at 15 N. State Street to allow for the additional work in a total amount of $28, 750 . 00 . 2 . Reject the request to amend the facade project at 15 N. State Street . RECOMMENDATION It is recommended that the City Council approve the request from Mr. Gonzalez to amend scope of the Facade Improvement project at 15 N. State Street to allow for the additional work in a total amount of $28, 750 . 00 Respectfully submitted, Olufemi Tarin Interim C' nager SBS/sr Attachments �nM O tp try _ �— u u z Z 41 EM co Al zz ICA 017 -21 . � P i 3 ^'a Dtye¢by P of na Rly{✓a, - - .-.✓ -�7v�JC_�-2'R�--+ +I.rc cy .c ar�h.:rr6M:t .wr...� � Master gener( ls, Inc. Page No, NERALS COMMERCIAL INDUSTRIAL Proposal No. S GENERAL CONTRACTORS Sheet No, 7NB99 WEST DRIVE 70M97-8402 { SOUTH ELGIN.)L 60177 FAX 708-697-8445 Date BONDED&INSURED ; Proposal Submitted To Work To Be Performed At Name Victor Gonzalez Street 15 N. State Street Street state Tree City Elgin -- State rL. — City Elgin -- Date of Plans _ .. .._. — State,. IL. Architect Telephone Number – We will furnish all the required materials,which we guarantee will be as specified,and'we will perform all the labor required for the completion of the front facade of buildin 15 N. State Street, ELgin. Remove glass block on first floor and install new store front. Remove siding from windows 2nd & 3rd floor. Install new windows on 2n & 3rd floor to � t brck`'opening. Clean brick and point front. New brick store front. 4 lights in front of building Painting of canopy at top of building.__. The above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a workmanlike manner for the sum of Fifty–six thousand dollars (- with payments to be made as follows: Dollars ($ 56,000.0 Q - 6L000_00 _down and balance as work progresses. Changes in the above specifications may be made only upon written agreement,and extra charges will be made.All agreements are I contingent upon strikes, accidents or delays beyond our control.You are to carry fire,tornado and other necessary insurance upon above work. Our workers are fully covered by Workmen's Compensation and Public Liability Insurance. This proposal may be withdrawn by us at any time before acceptance_ } a Respectfully submittedt Per ca«t��tullft: � above prices,specifications and conditions are accepted.Payments will be made as set forth above- Accepted Signature Date___ - Sinn3f1ire SWORN STATEMENT FOR CONTRACTOR AND SUBCONTRACTOR TO OWNER ....................... V.. qyr.......... '-•• .. . ............... 9t{raa+st, .,".-_ _Donato_ ros_olone President of.v_ Frai tti•-Associates ra,d says that he 4(ll... ". .........-'--............brier firrst duty n+orn,on oaU drpo,es 321 Frot-15 ect-"'Wood'Da1e; 7L•:"•601'9T------"-- Victor .... ...... • Gonzalez ....................... ..... .......................... 15 N. State Street Elg�fi, IL Q1............ ......... ........._. ..owner._. fo ............................ ottthtfollotatingdexribedpnmixrinarfdCounty -'""""'- ............ ........................................... ................................ /w the r are doing labmottos;tit proreme L y otu have brtn contracted wkk and Aare The,for,and here door or seed n /ar..i,/w(oranfarnrhirq w.dpraparfaq,nury4 of d lobo:this wfd fm ent ij od to id is dw end to become,due them,rraprctfvafy,der amornts set oppoate there nwma far ment o it or fobov as,anti.1'htt Nu and c rat u made ro raid owner.....for the parrpoaa of pioearitg from mid owna:..._.f4l Partial Find Payment on said eontmet,and v a Ju/L true end compfrh statement of alt each perso Ax and of the amottnu paid,du►andto become due them. (f)A e mhr of the firm of.or s subcontract of tae es for.(than of-namm6 mm'-g e ubeontnetor so slate and tame the contractor.(2)Name of the ounce or omen.(3)What the contract or wbeontnet it tor.(4)Pattlal or 1%al payment. NANE AND ADDRESS CONTRACTFOR or BALANCE CONMUCT rAYMENTS T Demo m HIS PAYMER We a ps er D. raz ,500 00 l 11l 11151,a ion epair ons oncre e t . Frdz r Mason ASH Const, 6,500 00 Car entr ASH Const 10,500 00 Glafas E Alum ASM Const 8 500 00 Bldg Wash E Point All -Pro 3 500 00 Painting R.B. Decor. 2 500 00 E ec r c D.Fa E ectr2c 4 000 00 General D, Fraz 7,500 00 TOTAL F54,50D100 AMOUNT OF ORIGINALCONTRACT S TOTAL AMOUNTREOVESTED EXTRAS TO CONTRACT S LESS %RETAINED S TOTAL CONTRACT AND EXTRAS S NETAMOUNTEARNBD i CREDITS TO CONTRACT i AMOUNT OF PREVIOUS PAYMENTS i NET AMOUNT OF CONTRACT S AMOUNT DUE THIS PAYMENT f BALANCE TO COMPLETE s It is understood that the total amount Paid to date plus the amount requested is this appHeatba rLaR not exceed.- completrdtodwe- ....R of the cost of wwk I agree to furnish Waivers of Lien tot all material[otsdermy contract when de Spcysto�...... .". r •� ................ Subicribad and,worn to before me this.................... de o .............. The above sworn statement should be obtained by the owau before each and eve ry payment Notary Nblit City of E l g i n Agenda Item No. A 0l� September 20, 2002 TO: Mayor and Members of the City Council ALIVE DOWNTOWN FROM: Olufemi Folarin, Interim City Manager SUBJECT: 15 North State Street Fagade Improvement Program Amendment to Scope of Project Work PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a request to amend the scope of work proposed to be carried out at 15 North State Street under the State Street Fagade Improvement Program. BACKGROUND In June of this year, the City Council approved an application by the property owner at 11 and 15 North State Street to participate in the State Street Fagade Improvement Program. The Owner agreed to use brick for the facade work in keeping with the guidelines of the State Street Fagade Improvement Program. When the non-original glass block fagade at 15 North State Street was removed, the owner discovered several cast iron columns. The will require revisions to the scope of work since the program guidelines require original features on the fagade, if uncovered, be preserved and incorporated into the reconstructed design. Additionally, it was determined that the concrete slab under the entrance to the store was in need of complete reconstruction and reinforcement . This will be necessary in order to bear the load of the proposed new construction, and facilitate the installation of a new entry door to the building. The property owner has provided City staff with two revised cost estimates for the project as follows : 1 . Master General $56, 000 . 00 2 . D. Fraz & Associates $54 , 500 . 00 15 N. State Street Fagade Improvement Project September 20, 2002 Page 2 The accepted bid that meets the requirements of the project is provided by D. Fraz & Associates at $54, 500 . 00 and is also the lower bid. The City' s participation of fifty percent (50%) , would now amount to $27, 250 . 00, an increase of $10, 240 . 00 over the $16, 910 . 00 approved in June. No amendment is proposed for the project at 11 North State Street at this time, for which the Council approved a facade grant in the amount of $15, 140 . 00 in June of this year. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The original budget in the State Street Fagade Improvement Program funded under account number 275-0000-791 . 78-99, Riverboat Rehabilitation Grant, was $150, 000 . 00 . The total amount that will be provided to the property owner for the project at 15 North State Street amounts to $27, 250 . 00 (project number 079821) . There are sufficient funds remaining in this account ($107, 610) to pay for this project . ak'Zf GAL IMPACT The existing agreements between the property owner and the City of Elgin would need to be amended for this project at 15 North State Street. ALTERNATIVES 1 . Approve the request to amend scope of the Facade Improvement project at 15 North State Street to allow for the additional work for a total amount of $27, 250 . 00 2 . Reject the request to amend the fagade project at 15 North State Street . 15 N. State Street Fagade Improvement Project September 20, 2002 Page 3 RECOMMENDATION It is recommended that the City Council approve the request to amend scope of the Fagade Improvement project at 15 North State Street to allow for the additional work in a total amount of $27, 250 . 00 Respectfully submitted, Oluf mi Folarin Interim City Manager SBS/sr Attachment eolk NoT.E•, ntls cAtrsT ►f1-05TRATts R MM�tr i'1oNS OF c,T rqf- CITr or �1Colr�1 'yI31Ib2 e�0y3j . New ktlrtoow I'D Fr wlI D UP New `rftB o?eMN(o KJMD MUWoN 61 NIte G�kN ��crzRac� BRi�K. WFN wlr l>*wS ,T A WkTm PP-MUPLF— Flfi 7tt, sme of No Moaf- 7"t4 600 MST N(p op INc� ��U�ll'iN�O 4}5'1" IA.ON I�IaE�- 'h� R�Mk�N GoI.yMNS 10 RQ`n�hl �X(Z�1�Cc bRtc.K PI� d (Rtmove RKICMKO Fryc� c� ,Irxf5ltNG 8R►C.k PI�,R . C(?Smbvl✓exibliNco we- AN-t> RAE if l N15 gRIct� wuC { W-My,� Ifs eLAc.� New Bt�lcrc p(E.R TO MtT� uFw tPAUc) of FEWS1 m o NF CJL�% PvpK::� PIEP- klWRoNs IN �wM. ! _ Cl," CoLgSS �ooR y� CLEAR �W NCB ��� k117�}• NfEW BPXK ibt� F►�hDS --(�Ut i LlC�tt,r. . No Moan. llt 36" 1}I* Uo -Back �ILo eyI`-�Nfo 6/�S — M�� To OK N(o - W T I F Garoi pisyes by L'w�na __•Abl��Id:n - _- _ .....w•rw'r.�'^2Y1c9C''=•.L"^fm.-r�'Iw:�._ ,Lr'Nr!'wwltii:^.�.vc�j...s.CY.tahN/hai.liiMY '.wr...` %E Page No. Master Generals. Inc. , COMMERCIAL.INOMMAL Proposal No. NERALS GENERAL CONTRACTORS p DEVELOPERS Sheet No, 7NB99 WEST DRIVE 70M97-8402 j SOUTH ELGIN.)L 60177 INSURED BONDED do FAX 708-697-8445 Date 1 i Proposal Submitted To Work To Be Performed At F 11 Victor Gonzalez Street 15 N. State Street Name Street state Tree City gl -_ State TL. City Elgin_., Date of Plans — State- IL. Architect - -- - ---- Telephone Number - We will furnish all the required materials,which we guarantee will be as specified,and we will perform all the labor required for the completion of the front facade of buildin 15 N. State Street, ELgin.-. .Remove..­..­­- ...... _.,......�.�_........_..._.��. _ ._............ .._.. .._... - --------......_ ._ . _....._.....__.._..._.... _...... - - - ..........._......__...._ . glass block on first floor and install new store front. Remove --.._._w..................... .... . . --------------_---- - siding from windows 2nd & 3rd floor. Install new w; laOws on 2nc�- &�3rr "floor to fiti beck"opening. Clean brick ..and tuck- point front. New brick store front. 4 lights in front of being - .. ---.-._--------------------............ . ...... .. Painting of canopy at top of 2iui... lding. The above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a workmanlike manner for the sum of Fifty-.six thousand dollars Dollars ($ 56,004 .04 with payments to be made as follows- down and balance as work progresses. .__.._......---................................._..._........--..-.-.----..._..,_._...,.,............................._.._......_......-----.._..._._...... _.__..._..._._._.. ..._... Changes in the above specifications may be made only upon written agreement,and extra charges Will be made.All agreements ate I contingent upon strikes, accidents or delays beyond our control.You are to carry fire,tornado and other necessary insurance upon above work. Our workers are fully covered by Workmen's Compensation and Public Liability Insurance. This proposal may be withdrawn by us at any time before acceptance. Respectfully submitted - Per The above prices,specifications and conditions are accepted.Payments will be made as set forth above- f Accepted Signature Date _ - --- _ Sinnattirre AUG-28-02 TUE 22 :59 P.02 SWORN STATEMENT FOR CONTRACTOR AND SUBCONTRACTOR TO OWNER SS ------Donato.),osolone ........... .........bingfiln duly eh de posss President","....O*f' r—a._z.......A-Z.s-o_6 i'a.t e 321 Ftb tp�tt -9 1............ ...... ......... ................. .......... ........................................._1......... .......................... contft.lwifh(21...._YAC�tor GOnzalez is 14...*gi�i�4�'Street... ....ii;,,,....................................... 0—or...../a, ..............N. e 9 0, .1....­...........................................................I............................ on the following described promises;-said Cauw to-wit:...".........•...........—.— .......... ............... ........................... ........ ...11........... ...........­............................................... ...... T7W for thOPU)'Poar ofield convect,thefollowingXY10"'halv been 101&11"'&A,I'd olerrf�n;.Ainr snalp-pariq..ttial' for,and have dome or are doing labor on said improvement.T)W there 41 due and to became due them,respectfwly.the amounts set opposite their names for materials or labor as noted.That this statement is nidds to said owner.....for the parpoic of procuring from mid owwr.....14)Partial--Final ftynt'nt on said contract,and is a/W hue and complete statement 0191(ruch perroxx and of the amount/paid,due and ro became due them. (1)A Member of the fire OE of officer of The corporation of.naming came V 9 subcontractor so state and name the contractor.(2)Name of the v"ev or owners.(3)What the contract or subcontract is for.(4)partial or Final payment. NAME AND ADDRESS CONTRACTFOR AMOUNT OP MrAL tXWeIGUS AMOVNT Of BALANCE C(WMACT PAYMENTS TMSPAYME?rr DU! Demo VD—um—p—s—E—er D. Fraz 4,500 .00 Yaura Qation Repair AUM Con5F. 5_,5UTTU Uo—n-c—r—e-fe— 15. Fraz Mason — ASH Const. 6,50M0 Carpentry ASM Const 10,500 001 Glass & Alum AS14 Const 8,500 061 B " W& — — Id Was 8i Point All -Pro 3 500 TO-- Painting — 9 — I R.B. Decor. 2,500 OW Electric D.F. Electr C 4,000 00 General D. Fraz 7,500 00 TOTAL 59,500 00 AMOUNT OF ORIGINAL CONTRACT S TOTAL AMOUNT REQUESTED EXTRAS TO CONTRACT S LESS %RPTAINEr) TOTAL CONTRACT AND EXTRAS S NETAMOUNTPARNRD CREDIT'S 110 CONTRACT $ AMOUNT OF PREVIOUS PAYMENTS I NET AMOUNT OF CONTRACT S AMOUNT DUP THIS PAYMENT S BALANCE TO COMPLETE S It is understood that the total mount paid to date pt"the amount requested in this appReattem shall DA exceed.......%of the cost of ark completed to date. I agree to furnish Waivers of 1.4en for an materials under my ofttraet when dem ... .. ... ....... --------------------- -- Subscribed and swom to before me this.................... day of........................... 19.... ....................... ..................... Notary Pkbiie The above sworn statement should be obtained by the owner before each and every payment.