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Home My WebLink About05-105 Resolution No. 05-105 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTERNATIONAL DECORATORS, INC. FOR PAINTING SERVICES AT FIRE STATION#6 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with International Decorators,Inc.for painting services at Fire Station#6, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 13, 2005 Adopted: April 13, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk Y 1 AGREEMENT THIS AGREEMENT is dated this 11 day of AAA-, 2005_by and between the City of Elgin, an Illinois Municipal Corporation (herein called"City") and International Decorators Inc. (herein called"Contractor"), An Illinois Corporation with a principal place of business at 28W059 Commercial Avenue Barrin ton IL 60010 WHEREAS, on June 1, 2004 the City released an Invitation for Bids entitled City of Elgin Fire Station No. 6, Bid Release Three, Building and Site Work; and WHEREAS, Contractor submitted a timely bid on June 22, 2004; and WHEREAS, the dertforr City Council has deemed of Elgin Fie Station Contractor No. 6, Bbd lowest Building & Ste Work, responsible (hereinafter referred to as"Work"). NOW THEREFORE, in consideration of the mutual covenants herein set forth, the sufficiency of which is hereby mutually acknowledged, 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: Painting Work for the City of Elgin Fire Station No. 6 Article 2. ENGINEER. The Work has been designed by Shales McNutt Construction and FGM Inc.,(hereinafter referred to asli tions to the e shall xtent prov City's idedrepresentative tract Documents assume and provide such duties and ob obligations Article 3. Work COMPLETION, LIQUIDATED DAMAGES, DELAYS AND DAMAGES. ct Documents. 3.1. Work Completion. The Work shall be completed as provided in the Contra [May 1, 20061 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 Damag es. City and Contractor agree that as reasonable liquidated damages for delay(but not as a penalty) Contractor shall pay City$ 0.00 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$ 0.00 for each day beyond the time for Final Completion. 3.3. Work ar achievement of any Contract Times because of any delays caused ed by City completion ages. In the event Contractor is of the Work o 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$ 40 900.00 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 Elgin's accounts as recommended Enineer, in conformance with the City based n the progress oft a Work measu ed by t payable schedule. All p y schedules provided in the Contract Documents. 5.2. Ret9in90- 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. g. Supplementary Conditions. h. Specifications. i. Drawings consisting of 52 sheets, with each sheet bearing one of the following general titles: City of Elgin Fire Department New Fire Station No. 6 Dated 6/1/04 j. Any Addenda. I. Contractor's Bid. m. City Forms. n. Any subsequent Written Amendments to any documents listed above and other documents amending,be delivered or issued modifying, after the Effective Da which Date of the Agreement and are not may may 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. 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 and any Contract conflict Do c f this Agreement Y Documents, the terms and provisions of this Ageemen 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 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 covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 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 City: CONTRACTOR: CITY OF ELGIN ipJ I�R►�AT�ONAL By By BY Anthony C.Pintozzi,Jr. OLUFEM FOLAR Title: President Title:CITY AGE Address for giving notices Address for giving notices CITY OF ELGIN 150 Dexter Court Elgin IL 60120-5555 FEIN#