01-296 Resolution No. 01-296
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
WESTPHAL & COMPANY, INC. FOR S: CTION II OF THE
RIVER INTAKE PROJ: CT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that pursuant to Elgin iunicipal Code Section
5 . 02 . 020B (6) the City Council hereby find- that an exception to the
requirements of the procurement ordinanc- is necessary and in the
best interests of the city; and
BE IT FURTHER RESOLVED that Joyce A. Parker, City Manager, be
and is hereby authorized and directed ti execute an agreement on
behalf of the City of Elgin with Westohal & Company, Inc . for
electrical system services for the compl-tion of Section II of the
River Intake Project, a copy of which is attached hereto and made
a part hereof by reference .
s Ed Schock
Ed Schad , Mayor
Presented: November 14 , 2001
Adopted: November 14, 2001
Omnibus Vote: Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
OCT-30-2001 TUE 04:37 PM ELGIN WATER DEPT/RVRSD FAX NO. 1 847 931 6152 u'e
CITY OF ELGIN
AGREEMENT FOR:
Remaining Electrical Work for the River Intake and Pum•ing Station Expansion - Section II
This Agreement is made and entered into this 3Qthday of Octo.er -, 2001 by and between the City
of Elgin ("the CITY"), a municipal corporation organized and oxi ing under the laws of the State of Illinois,
and Westphal & Company, Inc, incorporated in the state of W sconsin and having a principal place of
business at 123 St. Mary's Court, Janesville, Wisconsin 53545 (" ho CONTRACTOR").
ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein •hall mean this Agreement, the Invitation
for Bids (IFB) including all documents referenced therein and th: Contractor's bid response (bid) thereto
incorporated by reference herein and made a part hereof. Th- 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, th: bid documents shall supersede this
Agreement.
ARTICLE 11. DURATION. The CONTRACTOR shall commenc: the performance of THIS CONTRACT
upon receipt of a purchase order from the City and shall end on December 31, 2001.
ARTICLE III. TERMINATION. The following shall constitute ev:nts of default under THIS CONTRACT:
a) any material misrepresentation made by the CONTRACT*R to the CITY, b) any failure by the
CONTRACTOfi to perform any of its obligations under THIS CON RACT including,but not limited to,the
following: (i) failure to commence performance of THIS CON RACT at the time specified in THIS
CONTRACT due to a reason or circumstance within the CONTRA•TOR's reasonable control, (ii) failure to
perform THIS CONTRACT with sufficient personnel and equipmen or with sufficient material to ensure the
completion of THIS CONTRACT within the specified time due 1. a reason or circumstance within the
CONTRACTOR's reasonable control, (iii) failure to perform THI^ CONTRACT in a manner reasonably
satisfactory to the CITY, (iv) failure to promptly re-perform within easonable 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 equirements, and (vi) any other acts
specifically and expressly stated in THIS CONTRACT as constitu ing 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 CONTRAC OR 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 •rocuring services as a result of any
failure,omission or mistake of the CONTRACTOR in providing servi es as provided in THIS CONTRACT.
ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CON RACT is made subject to all the laws
of the State of Illinois and the ordinances of the CITY and if any su•h clause herein does not conform to
such laws or ordinances,such clause shall be void(the remainder of 'he contract shall not be affected)and
the laws or ordinances shall be operative in lieu thereof.
ARTICLE VI- AFFIRMATIVE ACTION. The CONTRACTOR will not iscriminate against any employee or
applicant for employment because of race,color,religion,sex,ance try, 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 provisi.ns 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 th s 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 i hapter 3.12 of the Elgin Municipal
Code, 1976, is hereby incorporated by reference, as if set out verbati .
OCT-30-2001 TUE 04:38 PM ELGIN WATER DEPT/RVRSD FA NO. 1 847 931 6152 P 03
ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall nit assign, sell or transfer any interest in
THIS CONTRACT without prior written consent of the CITY.
ARTICLE VIII. AMENDMENTS. There shall be no modification .1 the CONTRACT, except in writing and
executed with the same formalities of the original.
ARTICLE IX. NQTICES. Any notice given under this CONTRAC shall be in writing and shall be deemed
to have been given when hand delivered or deposited in the U.S. ail, certified or registered, return receipt
requested, addressed, if to CONTRACTOR, at the address set firth above to the attention of the project
manager or undersigned representative,and if to the City,to the a tention of the City Manager, 150 Dexter
Court, Elgin, IL 60120 or to such other address and/or authoriz:d representatives as either party shall
designate in writing to the other in the manner herein provided.
ARTICLE X. INDEMNIFICATION. To the fullest extent permittee by law, Contractor agrees to and shall
indemnify, defend and hold harmless the City, its officers, emplo ees, boards and commissions from and
against any and all claims, suits, judgments, costs, attorney's fee•, damages or any and all other relief or
liability arising out of or resulting from or through or alleged to ar so out of any acts or negligent acts or
omissions of Contractor or Contractor's officers, employees, agen s or subcontractors in the performance
of this agreement, including but not limited to, all goods deli ered or services or work performed
hereunder. In the event of any action against the City, its of icers, employees, agents, boards or
commissions covered by the foregoing duty to indemnify, defend .,nd hold harmless, such action shall be
defended by legal counsel of the City's choosing.
ARTICLE XI. PU9LICITY, The CONTRACTOR may not use, in any form or medium, the name of the
City of Elgin for public advertising unless prior written permission i granted by the CITY,
ARJ'ICLE XII. ENTIRE AGR_EEMENT. This CONTRACT embodi-s 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, represent:tions, 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 part-s have hereto set their hands th- day and year first above written.
CONT 'A'a •' . Y OF ELGIN
ack____
Name itle John W: stphal, President 'yce arker
City Manager
FEIN • 39-08575.2
NOV-08-2001 15:41 taESTPHAL & CO INC 608 754 3223 P.02
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I s,
PARTIAL LIST'OF
RIIMAINING CONSTRUCTION WORK - 'RIVER INrAKI
-ELECl'R1CAL-
October 16,2(X)!
s Temperaterc.Control Panels and Thermostats
• Clean Agent Fire Suppression System
pressure Differential Switches
a pc)tv::r to Electric Wire Rope Hoist
• Speaker. for Chemical Feed Building
• Light outside Chemical Feed Building
E "fest sir handling system
• Repair CCTV
N I Provide Operation and Maintenance Manuals
■ Provide Submittals
■
Provide record drawing mark-ups
to Camera Cable between River Intake and Riverside PI .
•Contract Price:Tho cost of completion for all the cicct ri 1 items remaining from the
River Intake and Pumping Station - Section 11 Contract ith R&W Clark including the
partial list above not to exceed 520,000.00
CONTR C. •R
l /� Pad
/
t►, ,n .
. 4
Name d t itle John W We tphal, President
i
1'1:[N Nib!.-jay;Q,$57582.
TOTAL P.02