HomeMy WebLinkAbout24-0814 FH Paschen PW Fleet c 4.1. ?csc &
August 14, 2024 Agenda ?t#3 Cwt.'s-
Bid Item: #1 — Public Works Fleet FRP and Paint — Job Order Contract
($55,083)
JOB ORDER CONTRACT
AGREEMENT
THIS AGREEMENT is dated this 14th day of August , 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 painting and the installation of protective panels at the Elgin public works
fleet facility; and
WHEREAS, Contractor submitted a proposal for a job order contract for such work dated
July 1,2024,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 painting and installation of protective panels at Elgin
public works fleet facility(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 painting and installation of protective panels
at Elgin public works fleet facility. The scope of Work is summarized in Contractor's Job
Order Contract Proposal and includes the painting and installation of protective panels at
Elgin public works fleet facility.
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 240 calendar days of written Notice to Proceed. Final
Completion shall be within 275 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$55,082.08 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.
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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
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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
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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
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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.
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.
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IN WITNESS WHEREOF,City and Contractor have signed this Agreement.
This Agreement shall be effective on August 14 , 2024.
CONTRACTOR: CI . ' of Elgin
#://
By: Dave Hunt By: Richard G. Kozal
Title: Project Executive 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: Glen Dettman
FEIN # 36-4518443
Legal Dept\Agreement\Paschen Agr-Public Works Fleet-Paint-Protective Panels-7-10-24.docx
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ATTACHMENT A
I-IMP
July 1, 2024
City of Elgin
1900 Holmes Road
Elgin IL,60123
Attn: Glen Dettman
RE: Elgin Public Work Fleet Epoxy—FRP and Painting
Dear Mr. Dettman,
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
• Power wash all walls throughout the fleet services building.
o Includes solvent degreaser and brush cleaning of areas with residual oil.
o Protection,as required,of all surrounding areas from overspray.
o Application of white PPG Pitt Tech Plus semi-gloss to all walls in the open service area,wash
bay,&partial height walls in open storage space.
o Preparation and paint application of service doors and frames with enamel finish.
• Furnish labor and materials for:
o Installation of approximately 120' white pebble finish FRP,4' A.F.F.
o Installation of j-channel at top and bottom of scope of work immediately above.
o All materials glued to existing wall sheathing.
The cost to furnish and install the above referenced work is Fifty-Five Thousand Eighty-Two Dollars,
$55,082.00
Clarifications
• This proposal includes using the National Cooperative Purchasing Alliance(NCPA)Agreement,Contract
#04-27 and includes the associated fees.
• 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.
• This proposal excludes any payment and performance bonds.
• This proposal excludes sales tax.
• This proposal excludes any site restoration.
• This proposal excludes any furniture or equipment movement.
• This proposal excludes any mechanical,electrical,plumbing,or fire suppression work.
• This proposal includes only the following items described in the above scope.
F.H.PASCHEN,S.N.NIELSEN&ASSOCIATES LLC
F.H. PASCH EN 5515 N. East River Road,Chicago, IL 60656
p.773.444 3474 f.773.693 0064 I www.fhpaschen.com
rim?
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.
City of Elgin Date
Dao Dui 07/01/2024
F.H. Paschen,S.N.Nielsen&Associates,LLC Date
FOR OFFICIAL USE ONLY
rimi ? Final Estimate
Riley McInerney
F.H. Paschen
0000 - NCPA- Base Term -9/05/2023 to 8/31/2026
Elgin PW Fleet FRP and Paint-4642 NCPA 04-27 2023-0029
F.H. PASCHEN Riley McInerney
Estimator: Riley McInerney Elgin PW Fleet FRP and Paint
Division Summary(MF04)
01 -General Requirements $5,278.10 26-Electrical
02-Existing Conditions 27-Communications
03-Concrete 28-Electronic Safety and Security
04-Masonry $17,980.67 31-Earthwork
05-Metals 32-Exterior Iprovements
06-Wood,Plastics,and Composites 33-Utilities
07-Thermal and Moisture Protection $763.60 34-Transportation
08-Openings 35-Waterway and Marine Transportation
09-Finishes $18,140.78 41 -Material Processing and Handling Equipment
10-Specialties 44-Pollution Control Equipment
11-Equipment 46-Water and Wastewater Equipment
12-Furnishings 48-Electric Power Generation
13-Special Construction Alternate $8,707.50
14-Conveying Equipment Trades
21-Fire Suppression Assemblies
22-Plumbing FMR
23-Heating,Ventilating,and Air-Conditioning(HVAC) MF04 Total(Without totalling components) $50,860.65
25-Integrated Automation
Totalling Components
Priced Line Items $50,860.65 NCPA-Regular Hours (-6.0000%) $(3,051.64)
RSMeans NORTH SUBURBAN,IL CCI 2024Q1,114.30% $7,273.07
Grand Total $55,082.08
FOR OFFICIAL USE ONLY
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Final Estimate
Estimator: Riley McInerney Elgin PW Fleet FRP and Paint
Item Description UM Quantity Unit Cost Total Book
01 -General Requirements
1 01-21-53-50-0800-L Cost adjustment factors,dust protection,add to construction costs for particular Costs 55,100.0000 2.0000% $1,102.00 RSM24FAC
job requirements,minimum L. O&P
Dust protection.
2 01-54-33-40-0040-2 Rent per day for rent aerial lift,scissor type,over 30'high,1500 lb.capacity, Ea. 5.0000 $425.22 $2,126.10 RSM24FAC
electric E. O&P
Aerial lift rental.
3 01-54-36-50-1400 Mobilization or demobilization,delivery charge for equipment,hauled on 20-ton Ea. 2.0000 $1,025.00 $2,050.00 RSM24FAC
capacity towed trailer L,E. O&P
Delivery of aerial lift to site.
01 -General Requirements Total $5,278.10
04- Masonry
4 04-01-20-52-0270 Cleaning masonry,light restoration,average soil,biological staining,by S.F. 4.912.7500 $3.66 $17.980.07 RSM24FAC
chemical.low pressure wash,brush and rinse,excludes scaffolding M.L oa'P
Chemical degrease and brush clean areas with residual oil.
(Quantity lowered from total 10,750 SF area to 4,912.75 SF to provide discount to the Village.)
04- Masonry Total 517,980.67
07 -Thermal and Moisture Protection
5 07-46-33-10-4145 Vinyl siding,accessories,j channel, 1-1/4"pocket L.F. 240.0000 $3.14 $753.60 RSM24FAC
M.L 04P
J-Channel trim for Fiberglass reinforced plastic panel.
120'2
07-Thermal and Moisture Protection Total $753.60
09 - Finishes
6 09-01-90-94-0080 Surface preparation,interior,doors,wire brush,metal,flush S.F. 9.750.0000 $1.02 $9,945.00 RSM24FAC
L. 0&P
Brush clean residual oil.
7 09-77-30-10-0160 Fiberglass reinforced plastic panel,on masonry,nylon rivet&adhesive S.F. 480.0000 $11.30 $$.424.00 RSM24FAC
mounted,fire rated,embossed surface, .090"thick N.L. O&P
FRP panels.
120'4
8 09-97-10-10-2340 Paints&coatings,interior,low VOC,semi-gloss Gal. 27.8571 $99.50 $2,771.78 RSM24FAC
M, 08P
Semi-gloss white paint.
1 gallon of paint covers 350 SF.
9750/350
09-Finishes Total $18,140.78
FOR OFFICIAL USE ONLY
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FOR OFFICIAL USE ONLY
Final Estimate
Estimator: Riley McInerney Elgin PW Fleet FRP and Paint
Item Description UM Quantity Unit Cost Total Book
Alternate
9 09-91-23-72-0840 Paints&coatings,walls&ceilings,interior,concrete,drywall or plaster,latex S.F. 10,750.0000 $0.81 $8,707.50 CUSTOM
paint,2 coats,smooth finish,roller L. O&P
Labor only cost to paint walls and frp as specified
Alternate Total $8,707.50
Estimate Grand Total 55,082.08
FOR OFFICIAL USE ONLY
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