HomeMy WebLinkAbout20-123 TABLED Resolution No. 20-123
TABLED
RESOLUTION
TERMINATING THE CONTRACT BETWEEN THE CITY OF ELGIN AND
MUSCAT PAINTING & DECORATING AND AWARDING SAID CONTRACT
TO ERA VALDIVIA REGARDING THE RIVERSIDE WATER TREATMENT
PLANT SECONDARY CLARIFIER REHABILITATION PROJECT
(Bid 20-013)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the contract between the City of Elgin and Muscat Painting and Decorating for the Riverside
Water Treatment Plant Secondary Clarifier Rehabilitation Project dated May 27, 2020, effective
June 29, 2020, be and is hereby terminated due to a breach of said contract by Muscat Painting
and Decorating.
BE IT FURTHER RESOLVED that Bid 20-013 for the Riverside Water Treatment Plant
Secondary Clarifier Rehabilitation Project is hereby awarded to Era Valdivia in the amount of
$487,300.
BE IT FURTHER RESOLVED that City Manager, Richard G. Kozal, be and is hereby
authorized to execute all documents necessary and associated with the termination and award of
such contract.
BE IT FURTHER RESOLVED that the City of Elgin fully reserves all of its rights and
remedies.
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s/David J. Kaptain
David J. Kaptain, Mayor
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Presented: : TABLED
Adopted: : TABLED
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
D � O
III b
E LG I N MEMORANDUM
THE CITY IN THE SUBURBS-
To: William Cogley, Chief Corporation Counsel
From: Eric Weiss, Water Director
Date: September 16, 2020
Re: Recommendation to cancel contract with Muscat Painting and Decorating and award
contract to Era Valdivia Contractors, Inc. for Bid 20-013 Riverside Water Treatment Plant
Secondary Clarifier Rehabilitation Project
The city council awarded Bid 20-013 Riverside Water Treatment Plant Secondary Clarifier
Rehabilitation Project to Muscat Painting and Decorating in the amount of$261,581 at the city
council meeting on May 27, 2020. The contractor reported to the project site to begin work on
June 29, 2020. On July10, 2020 the contractor submitted a change order request for 161 553.
g q $ ,
Initially, the contractor claimed that an error was made in the math on his bid. Per the
direction of Purchasing Officer, Daina DeNye, a change order over 50%of the original contract
value must be rebid. It should be noted that in addition to the change order being over 50% of
the original contract value, the contractor's proposed change order also included a reduction of
or complete elimination of many scope items.
City staff spoke with the contractor to determine if there was any flexibility in his requested
change order value, so that he could continue working on the project, he indicated that he
would be unable to complete the project for his bid amount.
At the time of the change order the contractor had begun to remove the paint on the clarifier.
Once it was determined that Muscat Painting and Decorating would be unable to complete the
project without the change order approval, it was requested that he cease work in order to
prevent further paint removal, which leaves the equipment susceptible to increased corrosion.
Muscat Painting and-Decorating was required to provide a surety bond to ensure the
completion of the bid work. Since they are not able to complete the work, their bond company,
West Bend Mutual, has indicated its willingness to provide a settlement payment to the city for.
the difference of the bid of Muscat Painting and Decorating and the next lowest bidder, Era
Valdivia Contractors, Inc.. The difference between the bids is $225,719.
In order to ensure the most expeditious completion of the Secondary Clarifier Rehabilitation
Project, staff have reached out to Era Valdivia. Era Valdivia is willing to hold their bid price. Era •
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Valdivia will complete the abandoned portion of the work this fall to ensure that the clarifier
can be returned to service through the winter, then return and complete the remaining
contract work in the spring of 2021. Era Valdivia has previously completed satisfactory work on
multiple projects for the city.
Staff recommends cancelling the contract with Muscat Painting and Decorating for Bid 20-013
Riverside Water Treatment Plant Secondary Clarifier Rehabilitation Project.
Staff recommends awarding a contract to Era Valdivia of Chicago, Illinois in the amount of
$487,300 for Bid 20-013 Riverside Water Treatment Plant Secondary Clarifier Rehabilitation
Project.
Please let me know if you have any questions on this matter.