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HomeMy WebLinkAbout11-0330 Virgil Cook and Son 11-033© AGREEMENT THIS AGREEMENT is dated this 30 day of 11 ,2011 by and between the City of Elgin,an Illinois Municipal Corporation(herein called"City")and \/1(''{I C,0de4SON (herein called"Contractor"),a with a principal place of business at Jia #I. / [1 #- T#-1 ST. , 21 E(/ 1 IL bOI/S WHEREAS,on December 20, 2010 the City released an Invitation for Bids entitled Randall Road&College Green Traffic Signal Modification;and WHEREAS,Contractor submitted a timely bid on January 10, 2011;and WHEREAS, the City Council has deemed Contractor to be the lowest price responsive and responsible bidder for =s. Randall Road&College Green Traffic Signal Modification,hereinafter referred to as"Work;" NOW THEREFORE, in consideration of the mutual covenants herein set forth, the sufficiency of which is hereby a 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: Improvement of pedestrian signals and push buttons, removal and replacement of sidewalks, curbs and gutters, pavement marking, signing and all appurtenances required to complete the installation as described in the plans and specification. Article 2. ENGINEER. The Work has been designed by Hampton, Lenzini and Renwick. 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. [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 $500 for each day beyond the time for Final Completion. Contractor agrees and acknowledges that such liquidated damages constitute a reasonable estimate of City's actual damages. Such liquidated damages shall constitute City's sole recourse for and shall constitute full satisfaction of City's actual damages resulting from Contractor's delay. Contractor further acknowledges and agrees that in the event any provisions in any of the Contract Documents conflict with the provisions of this paragraph or otherwise provide for damages resulting from Contractor's delay, the provisions of this paragraph shall control, and such conflicting provisions and any Contract Documents shall not constitute,and shall not be construed as,a basis by which to render the provisions of this paragraph unenforceable. - 1 - I I U 3.3. Delays and Damages. In the event Contractor is delayed in the prosecution and completion of the Work or achievement of any Contract Times because of any delays caused by City or Engineer, Contractor shall have no claim against City or Engineer for damages or contract adjustment other than an extension of the Contract Times as provided herein and the waiving of liquidated damages during the period occasioned by the delay. Article 4. CONTRACT PRICE. City shall pay Contractor$ 7 366. as indicated in the Contractor's Bid for completion of the Work in accordance with the Contract Documents. Article 5. PAYMENTS. I 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. 11 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 Unot 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. 111 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. 111 e. Notice to Proceed. f. General Conditions. 111 g. Supplementary Conditions. I h. Specifications. i. Drawings consisting of 39 sheets,with each sheet bearing one of the following general titles: Standard Symbols,Abbreviations and Patterns Curb Ramps for Sidewalks -2 - F:\Leeal Dept\Aereement\City Contractor Agreement-2009.doc I Off-Rd Operations Urban Lane Closure,Multilane Intersection Traffic Control Devices Sign Panel Mounting Details Sign Panel Erection Details Metal Posts for Signs,Markers&Delineators Applications of Types A&B Metal Posts Typical Pavement Markings Handholes Double Handholes Standard Phase Designation Diagrams&Phase Sequences Traffic Signal Grounding&Bonding Concrete Foundation Details Traffic Signal Mounting Details Comb.Concrete Curb&Gutter Sidewalk at Curb&Gutter Concrete Walk Joint Details Erosion Control Silt Fence Detail Straw Bale Filter Detail Temporary Ditch Check Detail Temporary Topsoil Stockpile Detail 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. • h. 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. -3- 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. 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 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. CONTRACTOR shall pay any and all costs associated with any such audit. k. Contractor hereby waives any and all claims to interest on money claimed to be due pursuant to this Agreement,and all such rights to interest to which it may otherwise be entitled pursuant to law,including, but not limited to,pursuant to the Local Government Prompt Payment Act, as amended (50 ILCS 505/1, et.seq),or the Illinois Interest Act as amended(815 ILCS 205/1,et.seq). 1. Contractor shall not be entitled to and hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, Boards and Commissions, of whatsoever nature and in whatsoever forum after two(2)years from the date of this Agreement. 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 -4- F:\Legal Dent\Agreement\Citv Contractor Agreement-2009.doc I I CONTRACTOR: CTTY: VIRGIL (ECK & MN, I/C. 477 By: Lr1 By: Sean It Stegall San A. Carlsal, Presk3ent Title: Title: City Manacer Address for giving notices Address for giving notices R Ea 805 City of Elgin 119 N ELME ST. 150 Dexter Court EEE<AT.B‘ II 60115 Elgin IL 60120 FEB# 36-22375C6 - 5- 4 I Illinois Department of Transportabon Contract Bond Route C.H. 34 Randall Rd U County Kane ` Local Agency City of Elgin . \ Section 2010 Ped Signals K � U / We . Virgil Cook and Son, Inc. of DeKalb IL. a/an) �� Individual �l Co-partnership �� Corporation organizedunderUhm |owsc�Uh� Sbabac� Illinois � �� �� �� asPRINCIPAL, and I ' oW/1E�' F;RE + cA-su . as SURETY are held and�nn|ybound unto the above Local Agency (h aftetoem^L8'') inthe penal sum I &T� —e�' hf -�k#»s/�V��, V*4���� ^ ' � ����^- �[� �� �� ��mc» /�� -- ---' � `a -� ,� Dollars ( � 3W'8,. --�� ), lawful money of the IUnited States, well and truly to be paid unto said LA, for the payment of which we bind ourselves, our heirs, executors, admin/mtnatura. ouuonaoorn.jointlytopaytotheLAth}muumundmrthecondiUonaofthiuinotrummnt. IWHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, the said Principal has entered into a written contract with the LA acting through its awarding authority for the construction of work on the above section, which contract is hereby referred to and made a part hereof, as if written herein at length, and whereby the said Principal has Ipromised and agreed topa�ormsaid work inaccordance with the terms ofsaid contract, and has promised topay aUsums of moneydumforany/obor. meterim/a. appanatua. �xturesormachinmryfurnimhndtoouchPrinoipo|forthepurposeofpm�orming such work and has further agreed to pay all direct and indirect damages to any person, firm, company or corporation suffered or sustained on account of the performance of such work during the time thereof and until such work is completed and accepted; and has fu�heragreed that this bond shall inure tothe bmne�tofany person, firm, company orcorporation hovvhom � any money may be due from the Principal, subcontractor or otherwise for any such labor, materials, apparatus, fixtures or machinery so furnished and that suit may be maintained on such bond by any such person, firm, company or corporation for I the recovery of any such money. NOW THEREFORE, if the said Principal shall well and truly perform said work in accordance with the terms of said contract, and shall pay all sums of money due or to become due for any labor, materials, apparatus, fixtures or machinery furnished to I him for the purpose of constructing such work, and shall commence and complete the work within the time prescribed in said � contract, and shall pay and discharge all damages, direct and indirect, that may be suffered or sustained on account of such work during the time of the performance thereof and until the said work shall have been accepted, and shall hold the LA and Iits awarding authority harmless onaccount ofany such damages and shall inaUrespects fuUyand faithfully comply with all the provioionn. conditions and nequiremmnto ofaaid contract. then thio obligation tn ba void; cdhenwiae to remain infu||force and effect. Page 1 of 2 IL 494-0372 BLR 12321 (Rev.7/05) IN TESTIMONY WHEREOF,the said PRINCIPAL and the said SURETY have caused this instrument to be signed by their respective officers this /I4h day of ry,4-,1 c H A.D. 2.0// PRINCIPAL V I RCIL COO -F Jo&_ Th/c , (Company Name) (Company Name) • By: By: 4 i(1 '').1-1lPO 60,0-r (Signature&Title) / (Si )COW &Title) Attest: Attest 4W; (Signature&Title) (Signature&Title) (If PRINCIPAL is a joint venture of two or more contractors, the company names and auth• t ed signature of each contractor must be affixed.) STATE OF ILLINOIS, COUNTY QF� kf-LB. I. CI. a tcsw SL., , a Notary Public in and for said county,do hereby certify that SUSAN A-. CA a L oo bra (A-ti� A. c,4,.L-s" i' (Insert names of individuals signing on behalf or PRINCI AL) who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument on behalf of PRINCIPAL,appeared before me this day in person and acknowledged respectively,that they signed and delivered said instrument as their free and voluntary act for the uses and purpo es therein set forth. • Given under my hand and notarial seal this =y of u . • A.D. „?'*,�/,I Sb My commission expires Ob S/ NOTARY A1C,STATEOFILLINOIS xp' ?_D l 3 • I • /N ,r rr -I E3�D1 Notary Public " PO .MISSION EXPgi 3 SURETY a)I"OA .1f2k d' OASvALTtr C�tPANy By: (Name of Surety) ( ( ' tur of Attorney-in-Fact) STATE OF ILLINOIS. (SEAL) COUNTY OF )NrC 1-4L3 (9p) a Notary Public in and for said county,do hereby certify that K-trT14y Pt c.e F,C (Insert names of individuals signing on behalf or SURETY) who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument on behalf of SURETY,appeared before me this day in person and acknowledged respectively,that they signed and delivered said instrument as their free and voluntary act for the uses and purposes therein set fotth. Given under my hand and notarial seal this 411.?...- day of C44 A.D. My commission expires 01 ICI I afll • f; R, " otary Public rayPOlf c. St•ate Of lc , b is Approved this day of , A.D. 4 Id Attest: • (Awarding only) Clerk (Chairman/Mayor/President) Page 2 of 2 IL 484-0372 BLR 12321 (Rev.7/05) V Printed on 11/3/2010 1:28:41 PM _ UNITED FIRE&CASUALTY COMPANY HOME OFFICE-.CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company-See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COK8PANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint FRANK C. PARDRIDGE, Ja. . OR CURTIS L. PAVDRIDGE, OR KATHY PLUCKER, OR LAWRENCE FORSBERG, ALL INDIVIDUALLY of DEKALB IL its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature as follows: All bonds not to exceed $1.500.000'00 and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said /#torney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire 22nd day of April . 2012 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V-Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Cumpony, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 22nd day of Apri 1 . 2010 4 CORPORATE‘% UNITED FIRE &CASUALTY COMPANY By State of Iowa, County of Linn, ss: Vice President On 22ng day of opri 1 . 2010. before me personally came Dennis J. RicAmonn to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE& CASUALTY COMPANY, the corporation described in and which executed the above instrument;that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. /�^�"� Commission number /y ' ' _ /��' wwCommissions="= Notary Public I, the undersigned officer of the UNITED FIRE & CASUALTY CDMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and offidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CDMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this 1 4th day of March 2O1 1VP CORPORATE Vi ~, �,~ Secretary 6 Rids Department of Transportation Contract .3- ,'tfa .th,,/_ Zo it 1. THIS AGREEMENT, made and concluded the day of . f . Month and Year between the City of Elgin acting by and through its City Council known as the party of the first part, and Virgil Cook and Son Inc of DeKalb IL his/their executors, administrators, successors or assigns, known as the party of the second part. 2. Witnesseth: That for and in consideration of the payments and agreements mentioned in the Proposal hereto attached, to be made and performed by the party of the first part, and according to the terms expressed in the Bond referring to these presents, the party of the second part agrees with said party of the first part at his/their own proper cost and expense to do all the work, furnish all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described, and in full compliance with all of the terms of this agreement and the requirements of the Engineer under it. 3. And it is also understood and agreed that the Notice to Contractors, Special Provisions, Proposal and Contract Bond hereto attached, and the Plans for Section 2010 Pedestrian Signals. Randall Road at College Green , in the City of Elgin , approved by the Department of Transportation of the State of Illinois , are essential documents of this contract and are a part hereof. Date 4. IN WITNESS WHEREOF, The said parties have executed these presents on the date above mentioned. Attest: The City of Elgin ,-^�4--\ erk By � 1F Party of the First Part (Seal) ��Rus�uMi r . " ,p,$ �, (If a Corporation) 11;i'-'0.... s° t r , , P Corporate Name V IRts L tOOk -4- S'Jn) ,7T1 C . Z r i �;<,' By S c Y .+ ` .. Presiden �I L Party of the Second Part (If a Co-Partnership) Attest4(1 4 ! gaztiii,......„,_ c Partners doing Business under the firm name of Party of the Second Part (If an individual) Party of the Second Part Page 1 of 1 BLR 12320(Rev.7/05) Printed on 2/25/2011 1:45:09 PM F Hampton, Lenzini and Renwick, Inc. Civil and Structural Engineers and Land Surveyors ILE NI 15Ip •Ea-411W 380 Shepard Drive, Elgin, IL 60123 p. 847.697.6700 f. 847.697.6753 Ee taf @VFNIME_Nffl_ To: Gary A.Carlson Date: March 24, 2011 Virgil Cook and Son, Inc. Job Number: HLR project 100343 119 N Eighth St Subject: Randall Road at College Green Drive DeKalb IL 60115-0805 Traffic signal cuts [E] Enclosed 0 Fax 0 E-mail Copies Date Desmon 1 none Stamped and noted catalog cuts Purpose: O As requested For approval 0 For your use O For review and comment El Approved as submitted 6. Approved as noted El For signature 0 Resubmit copies for approval 0 Submit copies for distribution O Return corrected prints 0 For bids due 0 Returned for corrections Remarks: Enclosed are the stamped and noted catalog cuts for the Randall Rd/College Green ped- destrian signal project. Note the 1/C #6 ground wire shall be green. The ped signals shall be black polycarbonate with standard black poly ped signal visors, no eggcretes Please provide the name of the concrete supplier and concrete mixture c.....sCAstfigin, DOT cc HLR Doug Paulis Signed: John Schwarz VIRGIL COOK & SON, Inc. achiced eaabladoia. ELECTRICAL SUPPLIES de EQUIPMENT Phone: DeKalb 815/756-4854 • P.0.Box 805 • 119 North Eighth Street • DE KALB,IL 60115-0805 FAX 815/756-4289 March 14, 2011 HLR 380 Sheppard Drive Elgin, IL 60123 Attn: Mr. John Schwarz, P.E. Traffic Design Engineer RE: Randall Road 2010 Pedestrian Signals John: Per our telephone conversation, attached are three (3) copies of contract for the above referenced job. Feel free to call with any questions. Thank you, Nina Draganowici Office Manager VIRGIL COOK & SON, INC. 60E11- "50" qiewa oj seittace