Loading...
HomeMy WebLinkAbout24-0228 FH Paschen EPD Roof February 28, 2024 Agenda Bid Item: #2 — Job Order Contract — Police Roof Replacement ($63,565) JOB ORDER CONTRACT AGREEMENT THIS AGREEMENT is dated this 28th day of February , 2024, by and between the City of Elgin, an Illinois Municipal Corporation(herein called "City") and F.H. Paschen, S.N. Nielsen & Associates, LLC, an Illinois limited liability company (herein called "Contractor"), a corporation with a principal place of business at 5515 N. East River Road,Chicago, Illinois 60656. WHEREAS, the City has requested and Contractor has provided a proposal for a job order contract to provide for repairs and renovations at the Elgin Police Department including roof repairs; and WHEREAS, Contractor submitted a proposal for a job order contract for such work dated February 12,2024,consisting of five(5)pages,attached hereto as Attachment A("Contractor's Job Order Contract Proposal"); and WHEREAS,the City Council has determined that it to be in the best interests of the City to award the contract to the Contractor for such repairs and renovation at the Elgin Police Department (hereinafter referred to as the "Work"). NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the sufficiency of which is hereby 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: This project will generally be comprised of the repairs and renovations at the Elgin Police Department including roof repair. The scope of Work is summarized in Contractor's Job Order Contract Proposal and includes the repairs and renovations at the Elgin Police Department including roof repair. Article 2. City Representative. There is no Engineer for the Work. The City's Building Maintenance Superintendent shall act as City's representative and shall assume and provide such duties and obligations of the Engineer 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. Substantial completion shall be within 120 calendar days of written Notice to Proceed. Final Completion shall be within 150 calendar days of written Notice to Proceed. 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. The City and Contractor agree that as reasonable liquidated damages for delay (but not as a penalty) Contractor shall pay City $300.00 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 $300.00 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. 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 $63,564.05 as indicated in the Contractor's Job Order Contract Proposal for completion of the Work in accordance with the Contract Documents. Article 5. Payments. 5.1. Payments. City shall make payments on the basis of Contractor's Applications for Payment as recommended by the City's Building Maintenance Superintendent,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. 2 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 not 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. 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. Contractor's Job Order Contract Proposal,attached hereto as Attachment A. c. General Conditions, based upon EJCDC No. 1910-8 (1996 Edition) as modified by the City of Elgin, Illinois,attached hereto as Attachment B. d. Supplementary Conditions Regarding Insurance, attached hereto as Attachment C. e. Attachment D. Intentionally Omitted. f. City Forms attached hereto as Attachment E. g. Certificates of Insurance. h. Bonds i. Notice to Proceed. j. The terms of a Joint Purchasing Agreement through National Cooperative Purchasing Alliance, under Contract No. 04-27 for a base term September 5, 2023 to August 31, 2026, incorporated herein by reference. In the event of any conflict between the terms of the Joint Purchasing Agreement through National Cooperative Purchasing Alliance, and the other Contract Documents and this Agreement, the other Contract Documents and this Agreement shall supersede and control. k. 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. Prevailing Wage. This Agreement calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01, et seq., as amended. The Prevailing Wage Act requires 3 contractors and subcontractors to pay laborers, workers, and mechanics performing services on public works projects no less than the current "prevailing rate of wages" (hourly cash wages plus amount for fringe benefits) in the county where the work is performed. The Illinois Department of Labor publishes the prevailing wage rates on its website at http://labor.illinois.gov/. The Illinois Department of Labor revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Illinois Department of Labor's website for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor's website. All contractors and subcontractors rendering services under this Agreement must comply with all requirements of the Prevailing Wage Act, including but not limited to, all wage requirements and notice and record keeping duties. Article 8. Nondiscrimination/Affirmative Action. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. Contractor shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. Contractor shall distribute copies of this commitment to all persons who participate in recruitment, screening,referral and selection of job applicants and prospective subcontractors. Contractor agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, as amended, is hereby incorporated by reference, as if set out verbatim. Article 9. Miscellaneous. a. Terms used in this Agreement shall have the meanings indicated in the General Conditions. b. 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 4 communication to the 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. 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. j. 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 application requirements regarding prevailing wages, minimum wage, workplace safety and legal status of 5 employees. 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. 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 legally authorized to work in the United States. k. No Interest. 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 (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.), as amended. 1. Limitation of Actions. Contractor agrees that any cause of action, lawsuit or other legal claim by the Contractor arising out of this Agreement must be filed within one year of the date the alleged cause of action,lawsuit or other legal claim arose or the same will be time barred and waived and released by the Contractor. m. Registration. Contractor hereby warrants and represents that it is registered with the Illinois Secretary of State's Office or has been incorporated in the State of Illinois; and such entity further hereby warrants and represents that it is in good standing in the state of its incorporation or organization. n. Counterparts and Execution. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically,and any signed copy of this Agreement transmitted by facsimile machine,email,or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine,email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 6 IN WITNESS WHEREOF, City and Contractor have signed this Agreement. This Agreement shall be effective on February 28th , 2024. CONTRACTOR: CI of Elgin ro_.4? 094siy signed by Joshua Curran DN:rn=Joshua Curtan,c=US. o=FN.Paschen. / amai=�cwren�lhpaschen.com C Date:2021.02.20 20.20:00-06'00' ..,,,k, By: Joshua Curran By: Richard G. Kozal Title: Vice President Title: City Manager Address for giving notices: Address for giving notices: F.H. Paschen, S.N.Nielsen&Associates, LLC City of Elgin 5515 N. East River Road 150 Dexter Court Chicago, Illinois 60656 Elgin, Illinois 60120 Attn: Project Manager Attn: Richard Hoke FEIN # 36-4518443 Legal Dept\Agreement\Paschen Agr-Elgin Police Dept Roof Repairs-2-16-24.docx 7 Attachment A rIlr? February 12, 2024 City of Elgin 1900 Holmes Road Elgin IL, 60123 Attn: Rich Hoke RE: Elgin Police Station Roofing Dear Mr. Hoke, F.H. Paschen has visited the project site with City of Elgin and agreed to the following scope of work. We are pleased to present the following scope of work for your review. Scope of Work—Roofing • Remove existing pavers and store on roof area for reinstallation once roof scope of work is completed. • Remove and dispose of existing roofing and remove all debris from site. • Furnish and install asphalt primer over concrete deck. • Furnish and install new lead drain flashing set in roof mastic. • Furnish and install tapered saddle and dens deck at area of slope created. • Furnish and install APP 160 Heat-weld Modified membrane as base later over primed deck area. • Furnish and install a Granulated Heat-weld modified membrane to entire roof area. • Furnish and install cant strip and flash walls and angle changes with granulated modified membrane and terminate with Reglet flashing cut into existing mortar joint with slip in flashing. o Furnish and install weep holes as required. Scope of Work—Carpentry • Furnish and install a 1"high ADA aluminum ramp threshold for the door at the roof of the police station. • Furnish and install weather strip and a door sweep for an aluminum storefront door. • Furnish and install wet seal caulk around perimeter of sidelight glass. The cost to furnish and install the above referenced work is Sixty-Three Thousand Fiven Hundred Sixty-Four Dollars and Five Cents,$63,564.05 Clarifications • This proposal includes using the NCPA Cooperative Agreement and includes the associated fees. • This proposal excludes deck re-surfacing or replacement. • This proposal excludes mechanical or structural engineering. • This proposal excludes permit fees. • This proposal excludes the removal and disposal of any hazardous material. • This proposal excludes any unforeseen conditions that may arise. • This proposal excludes any overtime or premium time,proposal is based on normal work hours. F.H.PASCHEN,S.N.NIELSEN&ASSOCIATES LLC F.H. PASCHEN 5515 N.East River Road,Chicago,IL 60656 p.773.444.3474 f.773.693.0064 I www.fhpaschen.com r • This proposal excludes any payment and performance bonds. • This proposal excludes any winter conditions. • This proposal excludes sales tax. • This proposal excludes any site restoration. • This proposal excludes any repair,replacement,or re-location of piping underground. • This proposal excludes any furniture movement. • This proposal includes only the following items described in the above scope. Please review this information at your earliest possible convenience and advise us as to how you wish to proceed. All required documents will be submitted at your request. If you have any questions or concerns,please do not hesitate to call. OWNER Date ame1 out 02/12/2024 F.H. Paschen, S.N.Nielsen&Associates, LLC Date File FOR OFFICIAL USE ONLY rli ? Estimate Details Labor- Material - Equipment Jared Witt F.H. Paschen 0000 - NCPA- Base Term - 12/03/2018 to 11/30/2022 F.H. PASCHEN Elgin Police Station Roofing -4642 NCPA 04-27 2023-00019 Estimator: Jared Witt Summary of tagged estimates... Division Summary(MF04) 01 -General Requirements $8,522.80 26-Electrical 02-Existing Conditions 27-Communications 03-Concrete 28-Electronic Safety and Security _ 04-Masonry 31-Earthwork 05-Metals 32-Exterior Improvements 06-Wood,Plastics,and Composites $650.00 33-Utilities 07-Thermal and Moisture Protection $10,352.60 34-Transportation 08-Openings $98.11 35-Waterway and Marine Transportation 09-Finishes 41-Material Processing and Handling Equipment 10-Specialties 44-Pollution Control Equipment 11-Equipment $1,209.04 46-Water and Wastewater Equipment 12-Furnishings 48-Electric Power Generation 13-Special Construction Alternate $38,684.36 14-Conveying Equipment Trades 21-Fire Suppression Assemblies 22-Plumbing FMR 23-Heating,Ventilating,and Air-Conditioning(HVAC) MF04 Total(Without totalling components) $59,516.91 25-Integrated Automation Totalling Components Priced Line Items $59,516.91 NCPA-Regular Hours (-6.0000%) $(3,571.02) RSMeans NORTH SUBURBAN,IL CCI 202303,112.80% $7,618.16 Material,Labor,and Equipment Totals(No Totalling Components) Material: $4,556.25 Labor: $50,220.94 Equipment: $4,739.72 Other: $0.00 Laborhours: 390.81 Green Line Items:0 $0.00 Grand Total $63,564.05 FOR OFFICIAL USE ONLY Printed 12 FEB 2024 2:19PM v2.645 Page 1 of 3 Elgin Police Station Roofing-4642 NCPA 04-27 2023-00019 FOR OFFICIAL USE ONLY Estimate Details Estimator: Jared Witt Combined estimates... Item Description UM Crew Quantity Material Labor Equipment Unit Cost Total 01 - General Requirements 1 01-21-53-50-1750-L Cost adjustment factors,protection of existing Costs 63,000.0000 0.00 7.00 0.00 7.0000% $4,410.00 work,add to construction costs for particular job requirements,maximum Protection of existing work. 2 01-54-33-40-0070-2 Rent per day for rent aerial lift,articulating boom, Ea. 5.0000 0.00 0.00 631.36 $631.36 $3,156.80 to 45'high,500 lb.capacity,diesel Lift rental to lift roofing materials. 3 01-54-36-50-1200 Mobilization or demobilization,delivery charge for Ea. A-03A 4.0000 0.00 186.20 52.80 $239.00 $956.00 small equipment,placed in rear of,or towed by pickup truck Mobilization and demobilization of roofing crew and carpentry crew. 01 -General Requirements Total 0.00 5,154.80 3,368.00 $8,522.80 06 -Wood, Plastics, and Composites 4 06-22-13-15-5395 Moldings,base,flooring cant strip,3/4"x 3/4",pine L.F. 1 CARP 200.0000 0.52 2.73 0.00 $3.25 $650.00 Furnish and isntall cant strip. Roof area is 50'(2)+20'(2)=140 06-Wood, Plastics, and Composites Total 104.00 546.00 0.00 $650.00 07 -Thermal and Moisture Protection 5 07-52-13-10-2100 APP modified bituminous membrane,smooth S.F. G-05 1,000.0000 0.87 1.49 0.09 $2.45 $2,450.00 surface cap sheet,polyester reinforced, 160 mils, torched Furnish and install APP 160 Heat welded modified membrane as base layer over primed deck. Roof area is 50'x 20'=1000 SF 6 07-52-16-10-1700 SBS modified bituminous membrane,smooth S.F. G-01 1,000.0000 0.98 3.57 0.59 $5.14 $5,140.00 surface flashing, 145 mils Furnish and install a granulated heat-weld modified membrane to entire roof area. Roof area is50'x20'=1000SF 7 07-52-16-10-2010 SBS modified bituminous membrane,elastomeric S.F. 1 ROFC 1,000.0000 0.18 0.26 0.00 $0.44 $440.00 asphalt primer Furnish and install asphalt primer over concrete deck. Roof area is 50'x 20'=1000 SF 8 07-65-10-10-0300 Sheet metal flashing,aluminum,flexible,mill S.F. 1 ROFC 140.0000 11.88 4.71 0.00 $16.59 $2,322.60 finish,.050"thick,including up to 4 bends Furnish and install flashing along perimeter of roof. Roof area is 50'(2)+20'(2)=140 FOR OFFICIAL USE ONLY Printed 12 FEB 2024 2:19PM v2.645 Page 2 of 3 Elgin Police Station Roofing-4642 NCPA 04-27 2023-00019 FOR OFFICIAL USE ONLY Estimate Details Estimator: Jared Witt Combined estimates... 07-Thermal and Moisture Protection Item Description UM Crew Quantity Material Labor Equipment Unit Cost Total 07-Thermal and Moisture Protection Total 3,693.20 5,979.40 680.00 $10,352.60 08 - Openings 9 08-71-20-65-2300 Threshold,aluminum,ADA,4"wide x 36"long Ea. 1 CARP 1.0000 34.51 63.60 0.00 $98.11 $98.11 Furnish and install ADA aluminum ramo threshold for existing door. 08-Openings Total 34.51 63.60 0.00 $98.11 11 - Equipment 10 11-13-16-10-3600 Door seal,for door perimeter,vinyl-covered, 12"x L.F. 1 CARP 17.0000 42.62 28.50 0.00 $71.12 $1,209.04 12" Furnish and install wet seal around perimeter of door. Dooris 3'x 7.=17 LF 11 -Equipment Total 724.54 484.50 0.00 $1,209.04 Alternate 11 07-52-13-10-2100 Demo-APP modified bituminous membrane, S.F. G-05 1,000.0000 0.00 1.49 0.00 $1.49 $1,490.00 smooth surface cap sheet,polyester reinforced. 160 mils,torched Demo existing membrane cap sheet. Roof area is 50'x 20'=1000 SF 12 07-52-16-10-1700 Demo-SBS modified bituminous membrane, S.F. G-01 1,000.0000 0.00 3.57 0.00 $3.57 $3,570.00 smooth surface flashing, 145 mils Demo existing granulated heat-weld modified membrane to entire roof area. Roof area is 50'x 20'=1000 SF 13 09-63-13-10-0590 R&R-Brick flooring,pavers,ironspot,4"x 8"x 2- S.F. D-01 1,000.0000 0.00 28.42 0.00 $28.42 $28,420.00 1/4"thick Remove and reinstall existing pavers.No material costs. Roof area is 50'x 20'=1000 SF 14 CARP Carpentry Crew Daily B-52 1.0000 0.00 4,512.64 691.72 $5,204.36 $5,204.36 Carpentry crew to install new aluminum ramp threshold,new weather strip,and door sweep. Alternate Total 0.00 37,992.64 691.72 $38,684.36 Estimate Grand Total 63,564.05 FOR OFFICIAL USE ONLY Printed 12 FEB 2024 2:19PM v2.645 Page 3 of 3 Elgin Police Station Roofing-4642 NCPA 04-27 2023-00019