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Home My WebLink About03-0320 Pezza Landscaping 0 -03ac7 Section 00520 AGREEMENT FORM AGREEMENT THIS AGREEMENT is dated this 20th day of March , 20 03 by and between the City of Elgin, an Illinois Municipal Corporation (herein called "City") and Pezza Landscaping, Inc. _(herein called "Contractor"), a with a principal place of business at 30W211 Calumet Avenue, Warrenville, Illinois 60005 WHEREAS, on [insert date of release] the City released an Invitation for Bids entitled NEW PUBLIC WORKS FACILITY, BID PACKAGE"A," SITE WORK; and WHEREAS, Contractor submitted a timely bid on Tuesday, January 7, 2003; and WHEREAS, the City Council has deemed Contractor to be the lowest price responsive and responsible bidder for New Public Works Facility, Bid Item A-5 , 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: Bid Item A-5, Landscaping Article 2. ENGINEER. The Work has been designed by POSTL-YORE AND ASSOCIATES, INC., ("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. The required Substantial Completion Date has been determined to be �c�- 2X , 2003. 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 New Public Works Facility City of Elgin,Illinois 00520- 1 AGREEMENT FORM delay (but not as a penalty) Contractor shall pay City$ 550.00 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$ 550.00 for each day beyond the time for Final Completion. 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$ 101,600.00 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. 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. b. Certificates of Insurance. c. Bonds. d. Notice of Award. e. Notice to Proceed. f. General Conditions. New Public Works Facility City of Elgin,Illinois 00520-2 AGREEMENT FORM g. Supplementary Conditions. h. Specifications. i. Drawings consisting of fourteen (14) sheets, with each sheet bearing one of the following general titles: A-0.1 Cover Sheet A-0.2 Erosion Control Plan A-1.1 Site Plan- Demolition Plan A-1.2 Site Plan —Geometric A-1.3 Site Plan —Topographic and Utilities A-3.1 Exterior Elevations A-8.1 Site Details S-5.1 Foundation Plans S-5.2 Sections S-5.3 Details S-5.4 Loading Dock Details E-1.1 Electrical Site Plan E-7.1 Electrical Details L-1.1 Landscape Plan Sheet titles are listed on the cover sheet of each drawing set. j. Any Addenda. I. Contractor's Bid. m. City Forms. n. 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. New Public Works Facility City of Elgin,Illinois 00520-3 AGREEMENT FORM 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. 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, its officers, employees, boards and commissions, and the Architect/Engineer, its officers and employees, from and against any and all claims, suits,judgments, costs, attorney's 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. In the event of any action against the City, its officers, employees, agents, boards or commissions, or the Architect/Engineer, its officers or employees, covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's and/or the Architect/Engineer's choosing. New Public Works Facility City of Elgin,Illinois 00520-4 AGREEMENT FORM IN WITNESS WHEREOF, City and Contractor have signed th s Agreement. One counterpart each has been delivered to City, Contractor, Surety, and Engi eer. This Agreement shall be effective on March 20, 2003 City: CONT' A CTOR: X "`.1 "t?/1'( i,• By • V.- By ��Ott c E 16)10 — \ASI 00*fri Title: C a IAA 14(it NGc)C1/ Tit Address for giving notices Addres- for giving .tices 1 I' Kms/ PEZZ' LANbSCAPE INC. 2-4 • P.O. :OX 308 E(51v) IL (pCIltt) WAR"ENVILLE, IL 60555 FEIN # 36'3/Dt13N7 New Public Works Facility City of Elgin,Illinois 00520-5 AGREEMENT FORM