HomeMy WebLinkAbout19-67 Resolution No. 19-67
RESOLUTION
AUTHORIZING EXECUTION OF A FIRE SPRINKLER ASSISTANCE 9RANT
AGREEMENT WITH PATRICK O'NEIL PROPERTY GROUP, LLC-GROVE FOR
CONSTRUCTION OF A NEW FIRE SPRINKLER SYSTEM
(11-13 N. Grove Avenue and 15 N. Grove Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a Fire Sprinkler Assistance Grant Agreement with Patrick
O'Neil Property Group, LLC-Grove for construction of a new fire sprinkler system at 11-13 N.
Grove Avenue and 15 N. Grove Avenue, a copy of which is attached hereto arid made a part
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 8, 2019
Adopted: May 8, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
CITY OF ELGIN
FIRE SPRINKLER ASSISTANCE FOR RESIDENTIAL CONVERSIONS GRANT
PROGRAM AGREEMENT
(11-13 N. Grove Avenue and 15 N. Grove Avenue)
THIS AGREEMENT is made and entered into this 8th day of May ,2019,
by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City"), and Patrick O'Neil Property Group, LLC-Grove(hereinafter referred to as "Owner").
WHEREAS, the City has established a fire sprinlder assistance program whereby owners
of property or businesses located within the downtown who create residential upper floor dwelling
units in existing buildings and who complete a new fire sprinkler installation or a code-required
upgrade to an existing fire sprinkler system in connection with the creation of the residential upper
floor dwelling units may receive a grant from the City to reimburse the Owner for the equipment
and installation costs of an approved fire sprinlder system in an amount not to exceed$4 per square
foot of protected building floor area (hereinafter referred to as the "Sprinkler Assistance for
Residential Conversions Grant"); and
WHEREAS, the purposes of the Fire Sprinkler Assistance for Residential Conversions
Grant are to provide an incentive for property owners to add residential dwelling units in the
downtown, which in turn will improve the economic viability of those properties,promote greater
utilization of currently vacant or underutilized buildings, and help enrich the downtown by
providing more potential customers to revenue-generating nonresidential establishments, such as
retail shops and restaurants; and
WHEREAS, the Owner is the owner of the subject commercial building(s) and of the
property commonly known as 11-13 N. Grove Avenue and 15 N. Grove Avenue, Elgin, Illinois
(hereinafter referred to as the "Subject Properties"); and
WHEREAS, the Owner has proposed creating five new residential upper floor dwelling
units and installing a new fire sprinkler system in the existing structures on the Subject Properties
as hereinafter described; and
WHEREAS, the Subject Properties are located within the downtown area identified
specifically within Exhibit A; and
WHEREAS, the Subject Properties are located within the Central Area TIF District; and
WHEREAS, the Owner proposed project -- improving and rehabilitating the Subject
Properties including the creation of five new residential upper floor dwelling units and providing
for the installation of a fire sprinkler system through both entire buildings on the Subject Properties
as hereinafter described--will further the goals and objectives of the Fire Sprinkler Assistance for
Residential Conversions Grant program and of the Elgin Central Area TIF District; and
WHEREAS,the City of Elgin is a home rule unit and may exercise any power and perform
any function pertaining to its governmental affairs; and
WHEREAS, the Fire Sprinkler Assistance for Residential Conversions Grant and its
intended purposes stated within the above recitations are matters pertaining to the governmental
affairs of the City; and
WHEREAS,Owner has requested a Fire Sprinkler Assistance for Residential Conversions
Grant from the City for the Subject Properties by submitting a written application.
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
as follows:
Section 1. The above recitals are incorporated into and made a part of this agreement.
Section 2. The Owner shall provide for the creation and completion of five new residential
upper floor dwelling units in the existing buildings on the Subject Properties in accordance with
the undated floor plans, depicting five residential dwelling units, four dwelling units with two
bedrooms and one dwelling unit with one bedroom, attached hereto as Exhibit B, and pursuant to
plans therefor approved by the City. In the event of any conflict between the undated floor plans
and the plans approved by the City, the plans approved by the City shall supersede and control.
Section 3. The Owner shall also provide for the installation of a fire sprinkler system for
both entire buildings on the Subject Properties as set forth in the proposals of Fox Valley Fire and
Safety dated January 24, 2019 (sprinklers) and January 22, 2019 (alarm), all of which is attached
hereto as Exhibit C,and pursuant to plans therefor approved by the City. In the event of any conflict
between such proposal and the plans approved by the City, the plans approved by the City shall
supersede and control. (The installation of the new fire sprinlder system for both entire buildings
on the Subject Properties is hereinafter referred to as the "Fire Sprinkler System Work", and the
creation of the five new residential upper floor dwelling units in the existing buildings on the
Subject Properties and the installation of a fire sprinlder system for both entire buildings on the
Subject Properties are hereinafter collectively referred to as the "Project").
Section 4. The total approved costs for the Fire Sprinkler System Work installation for
both entire buildings on the Subject Properties shall be $46,412 as set forth in Exhibit C attached
hereto and made a part hereof (such total approved costs for Fire Sprinkler System Work is
hereinafter referred to as the "Eligible Costs" and such buildings are hereinafter referred to as the
"Structures"). All parties hereto agree that all payments from the City provided for herein shall be
made to the Owner, who shall provide the City with a full release concurrently with receipt. The
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City also agrees to waive all building permit, plan review, inspection, and/or utility and tap fees
associated with the construction and installation of the Fire Sprinkler System Work.
Section 5. Eligible Costs shall include labor,material and equipment costs,and such other
costs as may be reasonably necessary for the execution and completion of the Fire Sprinkler
System Work installation hereby provided for and as designated upon the design drawings,
specifications, and/or scope of work as set forth in Exhibit C attached hereto made a part hereof,
and the Plans approved by the Project Review Team pursuant to the provisions of Section 6
(hereinafter referred to as"Plans"). Eligible Costs shall not include costs associated with drywall,
paint, and other interior repairs associated with installing or concealing the Fire Sprinkler System.
Section 6. No Fire Sprinkler System Work shall be undertaken or shall be considered to
constitute the basis as Eligible Costs until the detailed Plans for such Fire Sprinkler System Work
and the Project has been submitted to and approved in writing by the City's Project Review Team
(hereinafter referred to as"Project Review Team")consisting of the City's Director of Community
Development, Fire Chief, Historic Preservation Planner, and any other member designated on the
Project Review Team. The Plans shall also include design drawings, specifications, a cost
estimate, and a schedule and date of completion for the Fire Sprinkler System Work and the
Project,and among other things,all of which shall detail the greater effort by the Owner to add the
residential dwelling units at the Subject Property and for which the Fire Sprinkler System Work
and the Project are required. The Fire Sprinkler System Work and the Project shall be completed
within three hundred and sixty five (365) days from the date of this Agreement, unless written
consent for an extension is provided by the Project Review Team. All work relating to the
installation of the new fire sprinkler system and the creation of the five new upper floor dwelling
units on the Subject Properties, and all other renovation and rehabilitation work on the Subject
Properties shall be performed in accordance with final plans and permits therefor approved by the
City and in accordance with all applicable city ordinances and other requirements of law.
Section 7. The Project Review Team shall be permitted access to the Structures to
periodically review the progress of the Project. Such review shall not be in lieu of any other
inspections that may otherwise be required by law or by the City. Any and all portions of the
Project which do not, in the sole discretion of the Project Review Team, conform to the Plans or
other applicable terms of this Agreement, shall be made to conform to the Plans and other
applicable terms of this Agreement upon written notice of the existence of such non-conforming
portions.
Section 8. Upon completion of the Project,and upon fmal inspection and written approval
by the Project Review Team and such other fmal inspections and approvals as may be required by
law, Owner shall submit to City: (1) an executed, notarized itemized contractor statement
reflecting the total cost of the Fire Sprinkler System Work and each portion thereof, including,but
not limited to, the cost of labor(whether provided by any contractor or subcontractor), materials
and equipment; (2) copies of all bids, contracts and invoices submitted, executed or incurred
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pursuant to the Fire Sprinkler System Work; and (3) reasonable proof of payment of all costs
incurred pursuant to the Fire Sprinkler System Work.
Section 9. City shall pay to Owner the total approved Eligible Costs for the Fire Sprinkler
System Work provided for at Section 4 herein within thirty (30) days of Owner's completion of
the Fire Sprinkler System Work and the Project and the Owner's compliance with the provisions
of this Agreement. In no event shall the amount paid to Owner exceed the lesser of amount
specified in this Agreement or in the contractor statement for the Fire Sprinkler System Work.
Section 10. In the event Owner fail to complete the Project in accordance with the terms
of this Agreement, or otherwise breaches the terms of this Agreement, City may terminate this
Agreement upon written notice of breach and termination to Owner, and any and all financial or
other obligations on the part of City shall cease and become null and void. Additionally, Owner
shall refund to City all money paid to Owner by City pursuant to this agreement upon thirty(30)
days written demand. This provision shall not constitute a restriction on City to pursue any and
all other rights to which it may be entitled by law.
Section 11. Upon completion of the Project, and for a period of five (5) years thereafter,
Owner shall properly maintain the Project in its finished form,without alteration or change thereto,
and shall not enter into any agreement, or take any other steps to alter, change or remove the
Project, or to create or undertake any other Project which may constitute a deviation from the
Plans, without prior written approval from the Project Review Team in its sole discretion.
Section 12. Nothing herein is intended to limit, restrict or prohibit the Owner from
undertaking any other work in or about the Subject Properties that is unrelated to the Fire Sprinkler
System Work and the five new residential upper floor dwelling units provided for in this
Agreement.
Section 13. This Agreement shall be binding upon City and its successors, and upon
Owner, Owner's successors and assigns for a period of five (5) years from and after the date of
completion and approval of the Project. Owner shall provide subsequent Owner(s) of the
Structures with a copy of this Agreement. This Agreement shall run with the land underlying
Structure. The City may record a memorandum of this Agreement against title to the Subject
Property. Notwithstanding the aforementioned five(5)-year period, the provisions of Sections 10,
15 and 22 herein shall survive the expiration, completion and/or termination of this Agreement.
Section 14. The failure by a party to enforce any provisions of this Agreement against the
other party shall not be deemed a waiver of the right to do so thereafter.
Section 15. To the fullest extent permitted by law, Owner agrees to and shall indemnify,
defend and hold harmless,the City, its officials, officers, employees, agents, attorneys,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 this Agreement,the Project,the Fire Sprinkler System Work to be performed
and/or negligent acts or omissions of the Owner in connection herewith, including negligence or
omissions of contractors, subcontractors, employees or agents of the Owner, arising out of the
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performance of this Agreement, the Project and/or the Fire Sprinkler System Work. In the event
of any action against the City, its officers, employees, agents, attorneys, boards and 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 Section shall survive any
expiration, completion and/or termination of this Agreement.
Section 16. This Agreement shall not be construed to create a partnership,joint venture or
employment relationship between the parties hereto.
Section 17. This Agreement shall be subject to and governed by the laws of the State of
Illinois. The parties hereto hereby agree that venue for any and all actions that may be brought by
each and either of them to enforce the provisions of this Agreement shall be in the Circuit Court
of Kane County, Illinois.
Section 18. The terms of this Agreement shall be severable. In the event that any of the
terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any
reason, the remainder of this Agreement shall remain in full force and effect.
Section 19. 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 follow:
As to the City: City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attn: Community Development Director
With a copy of any
such notices to: City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attn: Corporation Counsel
As to the Owner: Patrick G. Sakolari
c/o Patrick O'Neil Property Group, LLC-Grove
221 E. Chicago Street
Elgin, IL 60120
With a copy of any
such notices to: Patrick G. Sakolari
38W714 Brindlewood Lane
Elgin, IL 60124
Section 20. No official, director, officer, agent, attorney 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.
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Section 21. 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.
Section 22. Notwithstanding anything to the contrary in this Agreement, with the sole
exception of an action to recover the monies the City has agreed to pay to the Owner pursuant to
Section 4 hereof, no action shall be commenced by the Owner against the City for monetary
damages. Owner hereby further waives any and all claims 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 to pursuant to law, including, but not limited to, the Local Government
Prompt Payment Act(50 ILCS 501/1, 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 Owner arising
out of this Agreement must be filed within one(1)year of the date the alleged cause of action arose
or the same will be time-barred.
Section 23. This Agreement and its attachments constitutes the entire agreement of the
parties hereto and 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.
Section 24. This Agreement is and shall be deemed and construed to be a joint and
collective work product of the City and the Owner, and as such, this Agreement shall not be
construed against the other party, as the otherwise purported drafter of same, by any court of
competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if
any, of the terms and provisions contained herein.
Section 25. This Agreement and the obligations herein may not be assigned by the Owner
without the express written consent of the City, which consent may be withheld at the sole
discretion of the City.
Section 26. INTENTIONALLY OMITTED.
Section 27. Notwithstanding any other provision of this Agreement,it is expressly agreed
and understood that in connection with the performance of this Agreement, the Owner shall
comply with all applicable federal, state, city and other requirements of law, including, but not
limited to, any applicable requirements regarding the Fire Sprinkler Assistance for Residential
Conversions Grant Program,prevailing wages,minimum wage, workplace safety and legal status
of employees. Without limiting the foregoing, Owner hereby certifies,represents and warrants to
the City that all Owner'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. Owner shall also at
his or her expense secure all permits and licenses,pay all charges and fees,except for those charges
and fees waived by Section 4 of this Agreement, and give all notices necessary and incident to the
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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 Owner to determine Owner's compliance with the provisions of this section. In the event the
City proceeds with such an audit,the Owner shall make available to the City the Owner's relevant
records at no cost to the City. Owner shall pay any and all costs of such audit.
Section 28. Time is of the essence of this Agreement.
Section 29. The parties agree that facsimile and/or e-mail signatures are acceptable to make
the Agreement binding and fully enforceable.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
CITY OF ELGIN: ATTEST:
By: f1ataa..A
/�%
'chard G. Kozal Kim Dewis, Citg‘iy rk
City Manager
OWN
i9;.A.(
By:
Name: Patrick G. Sakolari
Sole Member, Patrick O'Neil Property Group, LLC-Grove
F:\PLANNING NEIGHBORHOOD SRVS\FIRE SPRINKLER GRANT PROGRAM\GROVE N 11-15 GASTHAUS\FIRE SPRINKLER GRANT PROGRAM AGREEMENT FINAL V4 03-18-2019.DOCX
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EXHIBIT A
Map of Downtown Area Eligible for
Sprinkler Assistance for Residential Conversions Grants
-8-
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EXHIBIT B
Project consisting of the following attached two (2)pages:
Undated floor plans, depicting five residential dwelling units.
-9-
12'-4711' IIJ
•
750 sq _--
45 sq mechanical loft at each un t
31-0 7/16', 17'S' I 2 9/I6'x 17-6"
:_- 346 ft' 197/'
■ . ■ - 7 �1
\. r.---I'1 1'2"x�'-11'
7,7-x 1'-10 15/16" 3 ft'
14ft'
4 9 I/16"x 797"
4'-4'x 8-8" 36 ft
fr,
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D U U r A28' 16"
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e 71191/16"x22'1" I y1-...'r si-J'W 17'-0"x22'0"
312 ft' .. Pi.1r;Slaw67 t 333 R'
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5'-1"x 96 3/4" 15.0"x 9'-6 15/16"
481r1
47 ft'
F- 695 sq 695 sq
5--) R' \
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4ft' w
27 2'x 14 9 11: 9 114'
2G8 ft' 3y7 ft'
41...... g ]
total area 52. 5 x 44
=6930 sq + 176 basement Unit 1 795 sq
11-13 N Grove =7106 sq Unit 2 & 3 740 sq
additional 45 sq per unit-loft mechanical room
+ 100 Sq stair area
DD Zc'x)
Total _- 7341 sq Fs;aU OAtir.,
1 _ -__.J
1 _
8'-2718"x 46" ',.. ' , ! ; 10'•25/16'.
8 ! t0 R'
,� UNIT
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0 , .,, 1 .,
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unit 5 802 Sq
0 5
802 sq
21'-4"x 23'-10"
0 478!f'
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# 12'-0 15/16"x 411E'
: } :-..-...\ 57 B' !
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524 sq
- , 4 sq 5
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15 N. GROVE
UNIT 4,5 Total area 4002 SQ
1318 sq = total area = loft mechanical
1st floor area 1318 sq
Basement and celler door area1366. Sa
EXHIBIT C
Fire Sprinkler System Work, consisting of the following attached three pages(3)pages:
Scope of Work by Fox Valley Fire & Safety dated January 24, 2019 (sprinklers) and January 22,
2019(alarm).
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FIRE & SAFETY..,
Since 1960
ONE COMPANY DOES IT ALL
Fire Alarm•24-Hour Monitoring•Fire and Safety Products•Security•Engineered Fire Suppression•Sprinkler Service
2730 Pinnacle Drive• Elgin, IL 60124-7943 • 847-695-5990• Fax 847-695-3699•www.foxvalleyfire.com
January 24, 2019
Patrick O'Neill Property Group, LLC. Grove
Attn: Patrick Sakolari
Via Email: patricksakolari(c�ameritech.net
hasi.smith12(a�gmail.com
Project: Fire Sprinkler Installation — North Grove Street Elgin, IL
Basement, First Floor, and Second Floor of Building
Dear Patrick,
Fox Valley Fire & Safety is pleased to submit fire protection price based on providing a complete
1500 fire sprinkler installation for the basement, first floor, and second floor spaces. This will
meet with NFPA13 Sprinkler Standards and Elgin city codes requirements. The walkway to
outside of basement will be protected with (1) dry pendant sprinkler head. Please note fire
protection prices are as follows:
Fire Sprinkler System Equipment and Scope of Work:
1. Engineer sprinkler drawings and calculations to the city of Elgin for permitting
2. Furnish labor and materials to fully sprinkle existing (3) building sections with (2) stories
each wood construction building along with basement
3. We will design the basement and first floor using both a light hazard, ordinary hazard, group,
and (1) occupancy
4. The second floor will be designed using NFPA13R Standards for residential living. We will
provide a:
• 4" DCDA backflow device
• a new riser with flow switch, tamper switches, and shut off valves
• 4" check valve
• 4" STORZ connection for the Fire Department hookup on the outside of the building
• sprinkler submittal drawings
• Main drain valve and inspectors test valve to be installed
• (2) hour pressure test on the system
5. The system will provide year warranty on parts and labor and as-built drawings once the job
is completed if any changes take place
Fire Protection Price $ 41,998.00
Patrick O'Neill Property Group, LLC. Grove
January 24, 2019
Page 2
Exclusions from the above proposal are as follows:
1. Overtime Labor (weekend or night work)
2. Products or services not listed above
3. Sales Tax, Permit or review fees
4. Fire Alarm work
5. Wiring of 110V Sprinkler Bell, (1) inside and (1) outside
6. Fire Extinguishers
7. Floor drain (please note: sprinkler system should have 4" drain for within immediate
area, provided and Installed by Others)
After you have had the opportunity to review this information, if it meets with your approval,
please sign, date, and fax or email this document to my attention at your earliest opportunity.
If you have any questions, or if I may be of further assistance, please feel free to contact me at
my direct line 224-293-5319.
Respectfully,
‹------ .-_,C0
Jl
Dan Palmer
Account Executive
DP/mk
Credit Terms:
1. All orders are subject to credit approval and may require a deposit; prior arrangements not withstanding.
2. Payment Terms can be established by contacting our Accounts Receivable Department at 224-293-5308
or 224-293-5304.
Approval:
My signature below indicates that I am an authorized agent of the company receiving this proposal and that I have full
power and authority to bind our company to the terms of this proposal.
Authorized Signature Printed Name
Title Date
Scheduling Contact/Number Scheduling Email
Email address for Invoices
PatrickOneillPropertyGroupLLCEIginSPK
arva
FIRE & SAFETY
2730 Pinnacle Drive• Elgin, IL 60123•847-695-5990 FAX 847-695-3699•www.foxvalleyfire.com
January 22, 2019
Patrick O'Neil Property Group LLC. Grove
Attn: Patrick Sakolari
Elgin, IL
Phone: 630/631-6378
Re: Fire Alarm Installation for Grove Street Building Elgin, IL
Dear Patrick:
Fox Valley Fire&Safety is pleased to submit our proposal on the fire alarm system for the above referenced project.
Based on the information you provided,we are pleased to quote utilizing Notifier equipment. The equipment list is as
follows:
Fire Alarm Equipment:
1 - Addressable Fire Alarm Control Panel with Battery Back Up
1 - LCD Annunciator with Back Box
1 - Addressable Photoelectric Smoke Detectors with Bases
9 - Addressable Manual Pull Stations
6 - Addressable Monitor Module for Water Flows and Tampers
26 - ADA Approved Horn Strobes, Multi-CD
3 - ADA Approved Strobes, Multi-CD
1 - Weatherproof Visual with Back Box
1 - Installation Labor
1 - Set of Submittal Drawings
1 - Installation labor
1 - Lot of Programming Services
1 - Final Checkout and Certification
1 - Sales Tax and Freight
Total Cost for this package is $19,200.00
This proposal is based on a CAD disk of this project being provided to Fox Valley Fire and Safety at no additional cost.
Exclusions from this proposal are as follows:
1. Monitoring charges or connections
2. Products or services not listed above
3. All Conduit Pipe and Back Boxes
4. Premium time for checkout
5. Permit or Review Fees from City of Elgin
I hope the above proposal meets with your approval and look forward to working with you on this project. If you have
any questions on the above information, or if I may be of further assistance, please do not hesitate to contact me at
847-695-5990 ext.226.
Respectfully,
David Matousek
Fire Alarm Specialist Approved by: Date:
DIVISIONS UI
Extinguishers/Kitchen Systems• Fire Suppression • Fire Sprinkler•Security Alliance• Fire Alarm• Emergency Lights