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HomeMy WebLinkAbout14-137 Resolution No. 14-137 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH S.S. SCHWARZ CONSTRUCTION, INC. FOR RETAINING WALL RECONSTRUCTION AT 600 E. CHICAGO STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with S.S. Schwarz Construction, Inc. for retaining wall reconstruction at 600 E. Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 8, 2014 Adopted: October 8, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 8th day of October , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and S.S. SCHWARZ CONSTRUCTION, INC. (hereinafter referred to as "CONTRACTOR"). WHEREAS, the CITY desires to engage the CONTRACTOR to furnish certain professional services in connection with the re-construction of the retaining wall at 600 E. Chicago St. (hereinafter referred to as the PROJECT); and WHEREAS, the CONTRACTOR represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the CONTRACTOR that the CITY does hereby retain the CONTRACTOR for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of Colby Basham of the CITY, herein after referred to as the "DIRECTOR". B. CONTRACTOR shall perform certain professional services in connection with the reconstruction of the existing retaining wall located at the intersection of East Chicago Street and Liberty Street including, but not limited to, the following: Design and rebuild retaining wall • Demolition of existing stone and caps • Additional of one coarse of CMU block to existing wall • Install new stone as specified and approved by CITY and the structural engineer • Install new fence post into new CMU block • Install new limestone caps • Complete fence system install, per current building codes • Apply anti-graffiti and sealer to stone C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. The work to be performed by CONTRACTOR pursuant to this Agreement shall be completed in a timely manner, consistent with the timeline set forth in the schedule attached hereto as Exhibit A. B. Due to the short project timeline of less than three weeks, the CONTRACTOR will submit to the DIRECTOR weekly status reports keyed to the project schedule. 3. WORK PRODUCTS All work product prepared by the CONTRACTOR pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however that the CONTRACTOR may retain copies of such work product for its records. CONTRACTOR's execution of this Agreement shall constitute CONTRACTOR's conveyance and assignment of all rights, title and interest, including but not limited to any copyright interest, by the CONTRACTOR to the CITY of all such work product prepared by the CONTRACTOR pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONTRACTOR. 4. PAYMENTS TO THE CONTRACTOR(Lump Sum Method) A. The CITY shall reimburse the CONTRACTOR for services under this Agreement a lump sum of $96,854 Dollars, regardless of actual Costs incurred by the CONTRACTOR unless substantial modifications to the project are authorized in writing by the DIRECTOR. B. The CITY shall make a lump sum payment to the CONTRACTOR upon successful completion of the PROJECT. Full payment shall not be made until the work is completed and accepted by the DIRECTOR. 5. INVOICES A. The CONTRACTOR shall submit the final invoice in a format approved by the CITY. B. The CONTRACTOR shall maintain records showing actual time devoted and cost incurred. The CONTRACTOR shall permit the authorized representative of the -2 - CITY to inspect and audit all data and records of the CONTRACTOR for work done under this Agreement. The CONTRACTOR shall make these records available at reasonable times during the PROJECT, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the CONTRACTOR. In the event that this Agreement is so terminated, the CONTRACTOR shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the CONTRACTOR is given a notice to proceed and, unless terminated for cause or pursuant to paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONTRACTOR'S work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the CONTRACTOR wishes to make a claim for additional compensation as a result of action taken by the CITY, the CONTRACTOR shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONTRACTOR'S fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONTRACTOR. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONTRACTOR, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, no action shall be commenced by the CONTRACTOR against the CITY for monetary damages. CONTRACTOR hereby - 3 - further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 50111, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the CONTRACTOR arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of the paragraph shall survive any expiration, completion and/or termination of the Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, CONTRACTOR agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the CONTRACTOR in connection herewith, including negligence or omissions of employees or agents of the CONTRACTOR arising out of 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. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The CONTRACTOR shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property damage. The CONTRACTOR shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the CONTRACTOR under Article 10 entitled "Indemnification" shall be provided. -4- This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The CONTRACTOR shall carry CONTRACTOR'S Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. 13. INTENTIOANLLY OMITTED 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS - 5 - This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONTRACTOR shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the CONTRACTOR would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY'S advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. - 6 - 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The CONTRACTOR may not issue any news releases without prior approval from the DIRECTOR, nor will the CONTRACTOR make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONTRACTORS The CONTRACTOR shall cooperate with any other CONTRACTORs in the CITY'S employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The CONTRACTOR certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the CONTRACTOR shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; - 7 - G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONTRACTOR to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONTRACTOR shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONTRACTOR to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONTRACTOR be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: Colby Basham 311 Citizen Services Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to CONTRACTOR: S.S. Schwarz, Inc. 1185 Carolina Drive West Chicago, IL 60185 29. COMPLIANCE WITH LAWS - 8 - Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT 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 AGREEMENT 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 AGREEMENT. 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. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE Y: FORT NTRACTOR: By B . CiVy Manager Atte City Clerk - 9 - S Schwarz onstruction, INC. Specialized Contractors Since 1956 1185 Carolina Drive, West Chicago, IL 60185 EX z S z T „A„ Form of Agreement for the masonry work preformed at The Chicago Street Retaining Wall Project Between Contractor., S. S. Schwarz Construction Inc. The City of Elgin Project Name: 600 E. Chicago St. Retaining Wall Reconstruction Job Location: 600 E. Chicago St. Elgin, IL Project Contact: Colby Basham Phone: 1-847-931-5978 °$ Description of Work Performed: • Demolition of existing stone and caps • Adding one coarse of CMU block to existing wall • Install new stone as spec. and approved • Install new fence post into new CMU block • Install new limestone caps • Complete fence system install • Apply and-graffiti and sealer to stone Color/Style: • Halquist-Landmark Blend(pending approval) SSSchwaX.,onstruction INSTALLER AGREES TO FURNISH THE MATERIALS AND SERVICES SET FORTH IN THE DESCRIPTIONS, BLUEPRINTS, AND/OR DESCRIPTION ANNEXED HERETO. PURCHASER AGREES TO MAKE PAYMENT THEREFOR IN ACCORDANCE WITH THE SCHEDULE OF PAYMENT CONTRACT PRICE.................................... $ 96,354.00 SALES TAX (IF APPLICABLE).................... $ N/A DELIVERY (IF APPLICABLE).................... $ INCLUED Additional Work (Describe).......................... $ N/A =:> ENGINEERING WORK $500.00 ESTIMATED DURATION OF JOB 22 DAYS $ 96,854.00 TOTAL CONTRACT PRICE ........................ SCHEDULE OF PAYMENT: WITHIN 25 DAYS OF SIGNING AGREEMENT APPROVAL: $ WITHIN 25 DAYS OF COMMENCEMENT OF WORK: $ a211+77041 UPON COMPLETION NET 30 DAYS: $ ,