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HomeMy WebLinkAbout04-6 Resolution No. 04-6 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN AGREEMENT WITH ALASHER LANDSCAPING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M. Dorgan, City Manager,be and is hereby authorized and directed to execute Amendment No. 1 to an Agreement on behalf of the City of Elgin with Alasher Landscaping for landscaping services on city properties, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: January 28, 2004 Adopted: January 28, 2004 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AMENDMENT NO. 1 TO AGREEMENT BETWEEN ALASHER LANDSCAPING AND THE CITY OF ELGIN THIS FIRST AMENDMENT AGREEMENT is hereby made and entered into this /, day of14~,b , 2004, by and between the CITY OF ELGIN, ILLINOIS, a municipal corporation, (hereinafter referred to as "City" ) and ALASHER LANDSCAPING, INC . , an Illinois corporation, (hereinafter referred to as "Alasher" ) . WHEREAS, the parties hereto have previously entered into an agreement dated February 12 , 2003 for grounds maintenance work to be provided by Alasher to City (hereinafter "Original Agreement" ) , a copy of which is attached hereto and incorporated herein as Attachment A; and WHEREAS, the parties hereto have each determined it to be in their best interests to amend the Original Agreement to add additional locations to the scope of work provided for by Original Agreement ; and WHEREAS, the City has hereby determined that this amendment is in its best interests and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree to amend Original Agreement as follows : The following locations are hereby added to the scope of work: Class B (weekly) Casino $165/week Bluff City Boulevard $165/week Cemetery Area $165/week Douglas/Ann Park $ 60/week Route 31 and State Street $ 50/week 707 West Chicago Street $ 45/week Crystal and Highland $ 70/week Hemmens $140/week Irving Park & Shales Parkway $ 60/week Train Track Route 31 $ 30/week Vacant Lot Dundee & Kimball $ 60/week Belmont and Erie $700/week Larkin & McLean Boulevard $ 35/week All other terms and conditions of Original Agreement shall remain in full force and effect . ALASHER LANDSCAPING, INC . CITY OF ELGIN �1d By f 11.G'V By ' <!' Name : A( „ 2 f Name : David M. Dorgan Title : sic/04/ Title : City Manager Date : / -13_2nnDate : /' F:\Legal Dept\Agreement\Alasher Landscaping Amendment 1.doc CITY OF ELGIN, ILLINOIS,AGREEMENT FOR Bid#03-006- 2003 Contractual Grounds Maintenance for Parks and Recreation This Agreement is made and entered into this (a day ofbilitc.y , 2003, by and between the City of Elgin("the C TY b ") a mmmicipal corporation organized and existing under/ the laws of the State of Illinois, and her Lar i5Crj p j InC , incorporated in the state of t and having a principal place of business at y((IJ l y p 1)r 1 1,Chatty/3 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, the Invitation for Bids (IFB) including all documents referenced therein and the Contractor's bid response (bid)thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the IFB and CONTRACTOR'S Bid. In the event there is a conflict between this Agreement and the bid documents, the bid documents shall supersede this Agreement. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT on or about April 15,2003,and shall end on December 31,2003. The City shall have two 1-year options to renew at its sole discretion. 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 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 services as a result of any failure, omission or mistake of the CONTRACTOR in providing 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. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976,is hereby incorporated by reference, as if set out verbatim. 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. • Attachment A 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. CONTRACTOR CITY OF ELGIN 11 Ate° 0 Name bQvto✓g6i h hiremitin• City Manager PSV I\t. Title 1408a50- FEIN `K.4 OF k-4 � City of Elgin Agenda Item No. E. 7 �iTED FES E L. ! January 9, 2004 -.- I N TO: Mayor and Members of the City Council RCCOtAT10NAL LCISVRC 'ANL)LVL!LIHII OVVLIH TUNAItS FUH ALL LIl ILkNS FROM: David M. Dorgan, City Manager Gail Cohen, Purchasing Director SUBJECT: Change Order #1 and Amendment to Contract with Alasher Landscaping PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to approve a change order and an amendment to the contract with Alasher Landscaping. RECOMMENDATION It is recommended that the City Council approve Change Order #1 in the amount of $21, 550 for Alasher Landscaping and an amendment to Alasher' s contract to include the additional locations in 2004 . BACKGROUND At its March 12, 2003 meeting, the City Council approved a contract with Alasher Landscaping for contractual grounds maintenance for the Parks and Recreation Department . The approved contract price was $74, 912 for maintenance of parks, right of ways, and miscellaneous sites for thirty-two weeks; approximately April through October. This year the mowing season began early and ended in November. New City properties were added to the contract during the season; both new purchases as well as locations that were previously maintained by City staff. These additional locations (noted as "extras" on the attached invoices) and the longer mowing season resulted in additional charges of $21, 550 . Alasher' s contract runs through 2004, with a one year option to em. extend. The additional properties must be added as an amendment r a rChange Order #1 - Alasher Landscaping January 9, 2003 Page 2 to their contract . The new estimated annual value of the contract, with the additional properties, is $125, 000. GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The total amount of Change Order #1 is $21, 550 . There are sufficient funds available ($24, 498 . 65) in account number 296- 5031-764 . 45-99, Parks and Recreation, Miscellaneous Services, to pay for this change order. The 2003 budget for this account was $125, 000 . Funds totaling $125, 000 have been budgeted in this account for 2004 . \�_ LEGAL IMPACT V ]�/y(,//The Legal Department is reviewing the draft change order. rm. ALTERNATIVES 1 . Approve the change order for payment and an amendment to the contract . 2 . Approve the change order for payment, but do not amend the contract . Respectfully submitted for Council consideration. GAC Attachments r . . d _. r , 1[ n 0 () i 1.) may_: S IANDSCAPNI rj, 4fff 720 Far Bene!Oa * l' - St, Charles, Oda emna (8d7)44 V2 f7 f ° 4644288r 8 • . r ***INVOICE*** BILL TO: CITY OF ELGIN DATE 11-25'-03 150 Dexter Court Elgin, Il 60120 INVOICE No 1703 rek **MAINTENANCE FOR PARKS & RECREATION* * DESCRIPTION QTY. RATE DATE OF AML V. SERVICE * *CLASS A -WEST 1 427 ' 427 ( weekly ) -EAST 1 735 ! 735 i * *CLASS B -WEST 1 350 I 350 ( weekly ) -EAST 1 121 121 * *CLASS BB -WEST 1 580 58Q ( biweekly ) -EAST j 1 428 i 428 * *CLASS C -WEST 1 522 522 . ( biweekly ) -EAST 1 722 722 * *EXTRAS** * CASINO 1 165 155 * BLUFF CITY BLVD 1 165 165 * CEMENTERY AREA 1 165 I 165 • DOUGLAS/ANNE PARK 1 6C 60 * RT 31 & STATE ST 1 50 50 * CHICAGO ST & PHILTS 1 45 - 45 ,. CRIQTrT, SPTgW,AMT) 1 70 70 • HEMME' S I 1 140 140 • I : lAluo ;"'''.\\ 441 729 Gab ei .,::: = Charles, IIDo OHM M '•lT'r,�: 4 0 7 Fc( '7J4444288 • 9• • (817)44 9 ;� .;- ***INVOICE*** BILL TO CITY OF ELGIN DATE 10-30-03 150 Dexter Court Elgin , I1 60120 INVOICE No 1601 eft. **MAINTENANCE FOR PARKS & RECREATION* * DESCRIPTION QTY. RATE DATE OF A\IOL 1 SERVICE * *CLASS A -WEST 427 1700 ( weekly ) -EAST 735 2940 "CLASS B -WEST + 350 1400 (weekly ) -EAST 121 48 * *CLASS BB -WEST 580 11169 ( biweekly ) -EAST 428 85'� * *CLASS C -WEST 522 100-4 ( biweekly ) -EAST 722 I4 =: **EXTRAS** * CASINO I 165 � 660 * BLUFF CITY BLVD i 165 060 * CEMENTERY AREA 165 66'O * DOUGLAS/ANNE PARK i 60 3 • RT 31 & STATE ST 50 I 204 * CHICAGO ST 6 PHILLS 45 '_ c .. {, CRIcT1 S <<Tr;Fif,AND 70 � 28 ) HEMNF 140 � 56 .61\.tat.a. 41Iff 720 Fos: Bend 1)0 Old oevn, M71464 9 F (6 341) 464 Vga • e. r � ***INVOICE*** BILL TO CITY OF ELGIN DATE: 10-30-03 150 DEXTER COURT ELGIN ,.IL 60120 INVOICE No 1601 **MAINTENANCE FOR PARKS & RECREATION* * DESCRIPTION QTY. RATE DATE OF r—\_N10�'\'T SERVICE **Irv.ing Park & Shales Pkway 60 240 • **Train track Rte 31 30 120 **Vacant Lot Dundee & Kimball 60 240 **Belmont & Erie 700 **Larkin & McLean Blv 35 140 • • PLEASE REMIT BY: 15920 . 00 lm.