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Home My WebLink About06-285 Resolution No. 06-285 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CURRAN CONTRACTING COMPANY, INC. FOR RESURFACING A PORTION OF NESLER ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Curran Contracting Company, Inc. for resurfacing a portion of Nesler Road, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 6, 2006 Adopted: December 6, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • CITY OF ELGIN AGREEMENT FOR Resurfacing of Nesler Road This Agreement is made and entered into this 22nd day of September, 2006 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and Curran Contracting Company, incorporated in the state of Illinois and having a principal place of business at 2220 County Farm Road, DeKalb, Illinois, 60115 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement and the Contractor's Proposal response dated June 10, 2006(Proposal)thereto incorporated by reference herein and made a part hereof. This Contract shall resurface Nesler Road from Station 37+00 to Station 47+00 as depicted in the"Nesler Road Improvement Plans"(Plans)prepared for West Point Builders and approved by the City on October 27, 2005. Furthermore, the resurfacing shall be completed in accordance with these approved Plans and the standards included within. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Plans and Proposal documents,the Proposal documents shall supersede this Agreement. Compensation to be paid to the CONTRACTOR for the goods and services provided under this Contract shall be the total amount of$18,800. Payment shall be made after the completion of the work and the acceptance thereof by the City. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The work shall be completed by November 1, 2006. ARTICLE III. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including, but not limited to, the following: (I) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR'S reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen (14)days prior written notice. ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for goods or services,the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director, incurred by the CITY as a consequence of procuring goods or services as a result of any failure, omission or mistake of the CONTRACTOR in providing goods or services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, such clause shall be void (the remainder of the contract shall not be affected) and the laws or ordinances shall be operative in lieu thereof. ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The contractor will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES. Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered,-return receipt requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project manager or undersigned representative, and if to the City, to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE X. 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, including but not limited to, all goods delivered or services or work performed hereunder. 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. ARTICLE XI. PUBLICITY. The CONTRACTOR may not use, in any form or medium,the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XII. APPROPRIATIONS.The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized,then the CONTRACT shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination. ARTICLE XIII. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONT TOR CITY OF ELGIN V►4 _— Pres•a..ti* Name and Title Oluf i folari Ci P. .- FEIN NO. 3t. -35Dlollg Attachments: City Engineer's letter of June 19, 2006 - �c, �� City of Elgin , , Mayor � ' i " Fd SchocSchool(,` IIP '''°4',irfi,t0'.tCouncil Members Juan Figueroa Robert Gilliam June 19, 2006 David J.Kaptain Brenda Rodgers Thomas K.Sandor Mr. Kevin Piefer John Walters Curran Contracting Company City Manager 2220 County Farm Road Olutemi Folacin DeKalb, IL 60115 RE: Nesler Road Overlay (West Point Gardens) Dear Kevin: The City of Elgin hereby accepts your quote for overlaying Nesler Road between West Point Garden's improvements for their northernmost entrance and their Gansett Parkway entrance. The quote, a copy attached,is for$18,800 and will include a leveling binder and a surface course: The City will fund these improvements to Nesler Road via its resurfacing budget. Thank you for your time and consideration. If you have anyquestions, please contact me at 847-931-5955. Very Truly Yours, • ,.CITY-I F ELGIN 2/ r ' ,./e-047 — Jo,-ph Evers,P.E. ity Engineer cc: David Lawry, P.E., General Services Director John Loete, P.E., Public Works Director Sean Stegall, Assistant City Manager Ron Rudd, P.E., Engineer II • 150 Dexter Court• Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610•TDD 847/931-5616 www.cityofelgin.org ® Printed on recycled paper DEKALB OFFICE / PLANT:entiWymminwillig • 2220 County Farm Road . DeKalb, IL 60115 . 815.758.8113 . June 10, 2006 VIA EMAIL ONLY Mr. Joseph Evers, P.E. City Engineer City of Elgin 150 Dexter Court Elgin, IL,60120 Re: Nesler Overlay(Gap in West Point Project) Asphalt Pricing Dear Joe: I received your email and am sending this letter in response(via email also). We propose to place a%"N50 leveling binder and a 1.5"N50 surface course in the approximate 1,000 foot gap in the West Point project's overlay limits. The area is 2,500sy. Pricing is as follows: 1.)No buttjoints would have to be cut. 2.)250 gallons of prime SS-1 $1.50/gal 3.) 110 tons of N50 level binder $55.00/ton 4.) 220 tons ofN50 surface $56.25/ton TOTAL PRICE $18,800.00 Please let me know if you have any questions. If you would like us to proceed, please contact me before we start the pavement preparation on the West Point project. Sincerely, Kevin J. Piefer CURRAN CONTRACTING COMPANY • :"-IN MI: .t i '''''';'''4, '''q; i\ : OA•I 411111 OM 1 7A.1.11,1 IL-77-7----:4• 1\ \ 1111/1t;' 117" ---"---.1---—-—-—-—-T------ ...E-mail' inn mom . . J 1 1111 E • { i f t .p • t t • �� 101...............,' ' t ,...^--,,,... .„,..,,"""---". .,......-..,.......„,„*.„... ....,,,,,..... ,: e;:*'... " ,_, .'"". ...*,,._...M*„... ""Z:7-...,.. "'"'.rn.. 1111 '\\ \ �� .._._.�.._.�_._. /1__.._._...___._._._._.... I NESLER ROAD IMPROVEMENTS H -I \I c, IV ‘ •=t-ev- r ci Jo a . . tit NESLER ROAD IMPROVEMENTS MASTER DEVELOPMENT PLAN ELGIN, ILLINOIS ,0 OF Etc' 0_ow — City of Elgin Agenda Item No. July 21, 2006 t\ Nsi TO: Mayor and Members of the City Council 1 `-' -si,iallp Stable FROM: Olufemi Folarin, City Manager City Govcnu c,a John Loete, Public Works Dire or City'Covet SUBJECT: Resurfacing a Portion of Nesler Road PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a proposal from Curran Contracting to resurface a portion of Nesler Road. RECOMMENDATION It is recommended that the City Council authorize staff to continue the coordination to resurface Nesler Road between Gansett Drive on the south and Daisy Lane Drive on the north and to pay Curran Contracting a not-to-exceed sum of$18,800. BACKGROUND Several projects involving improvements to Nesler Road have recently received approval from the City including the Nesler Road/US Route 20 Signal Improvement project by the City, West Point Garden Subdivision access improvements by the developer, and the District 301 Middle School access improvements by the School District. The three different improvement and resurfacing projects will ultimately improve Nesler Road from US Route 20 to the southern access of the proposed middle school with the exception of a 1,000 foot gap. Staff approached the West Point Garden's contractor, Curran Contracting of DeKalb, Illinois, for a proposal to improve this gap in Nesler Road. Attached is a letter with Curran Contracting's proposal for completing this work. Their proposed cost is $18,800. Staff feels that price is very competitive due to the fact that Curran is already working on the site and recommends acceptance of the proposal. Doing so and not bidding the work will be an exception to the Procurement Ordinance. With the gap improved, the City would have new pavement from US 20 to the south for a distance of approximately one mile. t i oink Nesler Road Improvements July 21, 2006 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT or____ The Curran Contracting proposal totals $18,800 and would be paid for using a portion of the funding for the Neighborhood Street Rehabilitation — Overlays (project number is 339859) program funding which is in the Riverboat Fund in account number is 275-0000-791.93-80, "Public Ways" with$120,025 budgeted and available. NARPIVLEGAL IMPACT Accepting this proposal without a formal bidding process is an exception to the Procurement Ordinance. ALTERNATIVES Aft, 1. Authorize staff to continue pursuing the resurfacing of the gap. 2. Direct staff to reject the proposal and provide the resurfacing a part of a future resurfacing project. Respectfully submitted for Council consideration. do Attachment DEKALB OFFICE/ PLANT: ® 2220 County Farm Road . DeKalb, IL 80115 . 815.758.8113 . June 10, 2006 • VIA EMAIL ONLY Mr. Joseph Evers,P.E. City Engineer City of Elgin 150 Dexo Court Elgin,IL 60120 Re:. Nesler Overlay(Gap in West Point Project) Asphalt Pricing Dear Joe: I received your email and am sending this letter in response(via email also). We propose to place a 3A"N50 leveling binder and a 1.5"N50 surface course in the approximate 1,000 foot gap in the West Point project's overlay limits. The area is 2,500sy. Pricing is as follows: 1.)No buttjoints would have to be cut. 2.)250 gallons of prime SS-1 $1.50/gal 4.10b, 3.) 110 tons of N50 level binder $55.00/ton 4.)220 tons of N50 surface $56.25/ton TOTAL PRICE $18,800.00 Please let me know if you have any questions. If you would like us to proceed,please contact me before we start the pavement preparation on the West Point project. Sincerely, Kevin J.Piefer CURRAN CONTRACTING COMPANY