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HomeMy WebLinkAboutB08-057 'go$-OS� VOLUME LXXIII SEPTEMBER 24, 2008 Marcus Banner expressed a complaint about the lack of police action in regards to a drunk driver. He would like to have this incident investigated. He also issued an invitation to the community to a meeting of ONE. Dennis Jurs, chair of the Elgin Cycling Committee, presented a report on the Elgin Cycling event. He also thanked all those who assisted with the event. Sigy Psimenos, president of Tyler Towers Homeowners Association, expressed concerns about the development at 500 N. McLean. She feels the developer has made changes to the project and that these should be thoroughly reviewed by the City. John Collins expressed his concerns regarding flooding at Cooper and Prescott. Luis Martinez expressed his concerns about flooding in the trailer park near Villa Street. Karen Hjelm expressed her concerns about flooding in her neighborhood and does not want a park built on the former Casa Linda property. BID 08-054 AWARDED TO CANON BUSINESS SOLUTIONS FOR THE LEASE OF SIX BLACK AND WHITE CONVENIENCE COPIERS FOR VARIOUS CITY DEPARTMENTS Councilmember Kaptain made a motion, seconded by Councilmember Walters,to award a contract to Canon Business Solutions in the amount of$77,118.84 for the lease of six black and white copiers for various City departments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-057 AWARDED TO COMPLETE FENCE FOR THE INSTALLATION OF BLACK ALUMINUM FENCING AT THE WING PARK GOLF COURSE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Complete Fence in the amount of$64,659 for the installation of black aluminum fencing at Wing Park Golf Course. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-062 AWARDED TO VORIS MECHANICAL, INC. FOR MODIFICATIONS TO THE HVAC SYSTEM AT THE RIVERSIDE WATER FACILITY Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to award a contract to Voris Mechanical, Inc. for a total amount of$568,300 for modifications to the HVAC system at the Riverside Water Facility. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. 654 AGREEMENT THIS AGREEMENT is dated this 24th day of September, 2008 by and between the City of Elgin, an Illinois Municipal Corporation (herein called "City") and Complete Fence (herein called"Contractor"), a corooratiorwith a principal place of business at 27W] 74 North Avenue West_ Chicago. IL 60185 WHEREAS, on July 10, 2008 the City released an Invitation for Bids entitled Fence at Wing Park Phase 3;and WHEREAS, Contractor submitted a timely bid on(insert due date forbids]; and WHEREAS, the City Council has deemed Contractor to be the lowest price responsive and responsible bidder for Fence at Wing Park Phase 3; hereinafter referred to as"Work;" NOW THEREFORE, in consideration of the mutual covenants herein set forth, the sufficiency of which is hereby acknowledges, the parties hereto hereby agree as follows: Article 1. Work. Contractor shall complete the Work as specified in the Contract Documents . The Work is generally described as follows: Remove current fence, post and concrete; Furnish and install 1800 linear feet of 6-foot high commercial grade ornamental black aluminum fence matching existing ornamental black aluminum fence; Using 6-foot wide sections with 4"picket spacing attached to a 2 W sections square post; Furnish and install four 4"square gate post; Furnish and install 16-foot wide slide gate at shop entrance; Furnish and install 12-foot wide slide gate behind the four tee;All spoils to be removed from site by contractor when they take down the fence. Article 2. ENGINEER. The Work has been designed by Mike Lehman ("Engineer"). Engineer shall act as City's representative and shall assume and provide such duties and obligations to the extent provided in the Contract Documents. Article 3. Work COMPLETION, LIQUIDATED DAMAGES, DELAYS AND DAMAGES. 3.1. Work Completion. The Work shall be completed as provided in the Contract Documents. [insert milestone dates here] In the event of any conflict between these dates and dates elsewhere in the Contract Documents,these dates shall prevail. Time is of the essence of this Agreement. 3.2. Liquidated Damages. City and Contractor agree that as reasonable liquidated damages for delay (but not as a penalty) Contractor shall pay City $ 500 for each day beyond the time specified for Substantial Completion in the Contract Documents. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the times specified in the Contract Documents (hereinafter referred to as "Contract Times") or any proper extension thereof granted by City, Contractor shall pay City $ 500 for each day beyond the time for Final Completion. Contractor agrees and acknowledges that such liquidated damages constitute a reasonable estimate of City's actual damages. Such liquidated damages shall constitute City's sole recourse for and shall constitute full satisfaction of City's actual damages resulting from Contractor's delay. Contractor further acknowledges and agrees that in the event any provisions 4 in any of the Contract Documents conflict with the provisions of this paragraph or otherwise provide for damages resulting from Contractor's delay, the provisions of this paragraph shall control, and such conflicting provisions and any Contract Documents shall not constitute, and shall not be construed as, a basis by which to render the provisions of this paragraph unenforceable. 3.3. Delays and Damages. In the event Contractor is delayed in the prosecution and completion of the Work or achievement of any Contract Times because of any delays caused by City or Engineer, Contractor shall have no claim against City or Engineer for damages or contract adjustment other than an extension of the Contract Times as provided herein and the waiving of liquidated damages during the period occasioned by the delay. Article 4. CONTRACT PRICE. City shall pay Contractor$ sr9, 00 as indicated in the Contractor's Bid for completion of the Work in accordance with the Contract Documents. Article 5. PAYMENTS. 5.1. Payments. City shall make payments on the basis of Contractor's Applications for Payment as recommended by Engineer, in conformance with the City of Elgin's accounts payable schedule. All payments shall be based on the progress of the Work measured by the schedules provided in the Contract Documents. Notwithstanding anything to the contrary in any Contract Documents, City shall be entitled to withhold any payments pending the submission of partial or full waivers of lien and/or certifications verifying the receipt of payment for all work performed by all subcontractors up to the date of Contractor's application for partial or final payment in City's sole discretion. City shall further be entitled to make such payments directly to any subcontractors as may be necessary to obtain such lien waivers and/or certifications. In the event City makes any such payments directly to any subcontractors, the amount of such payments shall be deducted from the total amount due to Contractor pursuant to this agreement; and Contractor shall provide a written release to City in the amount of any such payments upon ten (10) days written demand. Concurrent with all applications for payment, Contractor shall provide City with a sworn certification of all work performed by all subcontractors and amounts paid to all subcontractors as of the date of application. 5.2. Retainage. City may withhold,from all payments prior to Substantial Completion, an amount equal to up to ten percent(10%)of work completed, at City's sole discretion. Upon Substantial Completion, City may release a portion of the retainage to Contractor, retaining at all times an amount sufficient to cover the cost of the Work remaining to be completed, at City's sole discretion. The time for payment of any retainage from City to Contractor shall be at City's sole discretion. Such payment shall not be unreasonably withheld. 5.3. Final Payment. The City shall not be required to make final payment prior to completion and acceptance of the Work by the City. Article 6. CONTRACT DOCUMENTS. There are no Contract Documents other than those listed below. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: a. This Agreement. -5 - b. Certificates of Insurance. c. Bonds. d. Notice of Award. e. Notice to Proceed. f. General Conditions. g. Supplementary Conditions. h. Specifications. i. Drawings consisting of 0 sheets, with each sheet bearing one of the following general titles: N/A Sheet titles are listed on the cover sheet of each drawing set. j. Any Addenda. k. Contractor's Bid. I. City Forms. m. Any subsequent Written Amendments to any documents listed above and other documents amending, modifying, or supplementing the Contract Documents, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. This Agreement and the Contract Documents listed above comprise the sole and exclusive Agreement between the parties hereto. There are no other agreements,between the parties hereto either oral or written, and neither this Agreement nor any Contract Documents shall be modified or amended without the written consent of the authorized representatives of the parties hereto. Article 7. MISCELLANEOUS. a. Terms used in this Agreement shall have the meanings indicated in the General Conditions. b. No assignment or delegation by a party hereto of any rights under, obligations or interests in the Contract Documents shall be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under the Contract Documents. c. City and Contractor each binds itself, its partners, successors, employees, assigns, and agents to the other party hereto, its partners, successors, employees, assigns, and agents in respect of all covenants, agreements, and obligations contained in the Contract Documents. -6- d. The business address of Contractor is hereby designated as the place to which all notices, letters, and other communication to Contractor shall be mailed or delivered. The address of City is hereby designated as the place to which all notices, letters, and other communication to City shall be mailed or delivered. Such notices, letters and other communications shall be directed to the City's General Services Manager. Either party may change its address at any time by an instrument in writing delivered to Engineer and to the other party. e. The terms and provisions of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. f. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes and the enforcement of any rights arising out of or in connection with the Agreement shall be in the Circuit Court of Kane County, Illinois. g. This Agreement shall not be construed so as to create a partnership, joint venture, employment or agency relationship between the parties hereto except as may be specifically provided for herein. h. In the event of any conflict between any of the terms or provisions of this Agreement and any other Contract Documents, the terms and provisions of this Agreement shall control. i. Indemnification. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and hold harmless the City, the Engineer, Engineer's consultants and the officers, employees, boards and commissions of each and any of them from and against any and all claims, suits, judgments, costs, attorneys' fees, damages or any and all other relief or liability arising out of or resulting from or through, or alleged to arise out of, any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this agreement, or arising out of or in connection with litigation based on any mechanic's lien or other claims, suits,judgments and/or demands for damages by subcontractors. 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 City's choosing. In the event and to the extent that any legal work is performed by City's in-house legal counsel pursuant to the provisions of this section, City shall be reimbursed by Contractor for such legal work at the rate of$200 per hour, which rate Contractor hereby agrees and acknowledges to be a reasonable rate for such in-house attorneys' fees. The provisions of this paragraph shall survive any expiration and/or termination of this agreement. j. Compliance with Laws. Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this CONTRACT that the CONTRACTOR shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all CONTRACTOR'S employees and/or agents who will be providing products and/or services with respect to this CONTRACT shall be legal residents of the United States. CONTRACTOR shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the -7 - products and/or services to be provided for in this CONTRACT. The CITY shall have the right to audit any records in the possession or control of the CONTRACTOR to determine CONTRACTOR'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONTRACTOR shall make available to the CITY the CONTRACTOR'S relevant records at no cost to the CITY. IN WITNESS WHEREOF, City and Contractor have signed this Agreement. One counterpart each has been delivered to City, Contractor, Surety,and Engineer. This Agreement shall be effective on September 24, 2008 -8- • CITY: of LGIN By. V111/ 1 Title: City Manager Address for giving notices City of Elgin 150 Dexter Court Elgin, IL 60120 CONTRACTOR: C'nc-IPL-P71. ie ,cry CO Title: p/.--c Address for giving notices �7 W ( ? L/ ,/j, V (,J t � 6� C , 60( FEIN# F:1Legal Dept\Agreement\CITY CONTRACTOR AGREEMENT-2006.doc 9 September 18, 2008 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Randy Reopelle, Parks and Recreation Director SUBJECT: Bid#08-057 Fence for Wing Park Golf Course Phase III PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider awarding a bid for the installation of black aluminum fence at Wing Park Golf Course. RECOMMENDATION It is recommended that the City Council award the bid to the low responsive and responsible bidder, Complete Fence of West Chicago, Illinois, for fencing at Wing Park Golf Course in the amount of$64,659. BACKGROUND Last year the City replaced the chain link fence located between Wing Street and the Wing Park Golf Course with black aluminum fence. This improvement received many compliments and as a result, funds were budgeted to replace the chain link fence from the park entrance to the northwest corner near the classic league fields. This represents 1,800 linear feet of fence. The bids for fencing were advertised on July 10, 2008, in The Courier News and on the City's website. The bid opening was on July 28, 2008. Nine bids were received, with the low responsive and responsible bidder being Complete Fence of West Chicago. The attached spread sheet outlines the bid prices. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None Bid#08-057 Wing Park Golf Course Fencing Phase II September 18, 2008 Page 2 FINANCIAL IMPACT The bid from Complete Fence totals $64,659. There are sufficient funds budgeted ($65,000) and available ($65,000) in the Riverboat Fund, account number 275-0000-791.92-32, "Land Improvements," project number 296037, "Wing Park Fence Replacement" to accept this bid. This project was previously postponed due to lower than expected riverboat receipts; however, due to a favorable bid price, it is being recommended that the project be reestablished. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to award the bid to the lowest responsive bidder, Complete Fence, at a total cost of$64,659. 2. The City Council may choose not to award the bid to the lowest responsive bidder, Complete Fence, at a total cost of$64,659. Respectfully submitted for Council consideration. RR/dd Attachment • Fencing at Wing Park Golf Course Phase 3 TABULATION OF BIDS Nationwide Construction Custom Built Commercial CITY OF ELGIN Peerless Enterprises Inc. Group Fence Corp. Built Best Fence Company Fence Connection Inc Action Fence Contractors Complete Fence Inc Pro Fence Inc 33 W 401 Roosevelt Road 53861 Gratiot 721 N.Seminary Ave. 615 W Factory Rd 970 Villa Street 945 Tower Road 27W174 North Ave 450 Shepard Drive#17D Invitation No.08-057 West Chicago IL 60185 Chesterfield,MI 48051 Park Ridge,IL 60068 Addison,IL 60101 Elgin,IL 60120 Mundelein,IL 60060 W Chicago IL,60185 Elgin,IL 60123 Date of Opening:7/28/08 Department:Parks&Recreation Item Remove current fence,post and ncrete $6,750.00 $6,084.00 $3,402.00 $9,108.00 $2,500.00 $8,640.00 $6,674.00 $3,600.00 Furnish and install 1800 linear ft of 6'high omamental fence $72,900.00 $66,096.00 $75,042.00 $75,708.00 $58,608.00 $71,550.00 _ $51,390.00 $79,200.00 Furnish and install four 4"gate posts $1,500.00 $1,400.00 $745.52 $2,808.00 $500.00 $1,560.00 _ $591.00 $1,200.00 Furnish and install 16 ft wide slide gate $3,040.00 $3,220.00 $2,538.90 $3,744.00 $3,518.00 $3,140.00 $3,282.00 $3,300.00 Furnish and install 12 wide slide ate $2,400.00 $2,615.00 $2,127.30 $2,808.00 $3,518.00 $2,510.00 $2,722.00 $2,500.00 otal $86,590.00 $79,415.00 $83,855.72 0_ $94,176.00 $68,644.00 $87,400.00 $64,659.00 $89,800.00 v