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03-135 r Resolution No . 03-135 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH METRO DECATUR COATINGS, INC. FOR THE LORDS PARK FAMILY AQUATIC CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Metro Decatur Coatings, Inc . for the Lords Park Family Aquatic Center floor refurbishing, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 14, 2003 Adopted: May 14, 2003 Vote: Yeas: 6 Nays : 0 Attest : s/Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENT FOR: This Agreement is made and entered into this day of ,2003 by and between the City of Elgin("the CITY"), a municipal corporation or ' d and existing under the laws of the State of Illinois, and 4917...e, " L`Z ,' c rporated in the state of _I'L and having a principal place of business at S7>3 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement,and the Contractor's quote dated incorporated by reference herein and made a part hereof. The 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,the bid documents shall supersede this Agreement. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a purchase order from the City and shall end on ARTICLE III. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY,b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including,but not limited to,the following: (i) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control,(iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY,(iv) failure to promptly re-perform within reasonable 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 requirements,and(vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting 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 CONTRACTOR 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 procuring services as a result of any failure,omission or mistake of the CONTRACTOR in providing services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances,such clause shall be void(the remainder of the contract shall not be affected)and the laws or ordinances shall be operative in lieu thereof. ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race,color,religion,sex,ancestry,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 provisions 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 this 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 Chapter 3.12 of the Elgin Municipal Code, 1976,is hereby incorporated by reference,as if set out verbatim. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT,except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES.Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S.mail,certified or registered,return receipt requested,addressed, if to CONTRACTOR,at the address set forth above to the attention of the project manager or undersigned representative, and if to the City,to the attention of the City Manager, 150 Dexter Court,Elgin,IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law,Contractor agrees to and shall indemnify, defend and hold harmless the City,its officers,employees,boards and commissions from and against any and all claims, suits,judgments,costs,attorney's 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, including but not limited to, all goods delivered or services or work performed hereunder.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 the City's choosing. ARTICLE XI. PUBLICITY. The CONTRACTOR may not use,in any form or medium,the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XII. ENTIRE AGREEMENT. This CONTRACT embodies 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,representations,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 parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF ELGIN faVOZA9C414A-I4/111,49— c/- Name and Title David Dorgan FEIN NO32 6090 ��� City Manager .(OF e<C ID § City of Elgin Agenda Item No. R4TEDESO E L May 9, 2003 G ---- N TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANO CULTURAL OPPORTUNITIES FROM: David M. Dorgan, City Manager Cee FOR ALL GITIZ EN4 Monica Meyers, Director of Parks and Recreation SUBJECT: Sole Source Contract for Lords Park Family Aquatic Center Floor Refurbishing PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a sole source contract to Metro Decatur Coatings Inc. in the amount of $36, 479 . 99 for floor refurbishing at the Lords Park Family Aquatic Center bath house . BACKGROUND The City of Elgin contracted with DHL, LLC in 2000 to construct the bath house and site work associated with the Lords Park Family Aquatic Center construction. The contract with DHL, LLC was terminated by the City of Elgin in 2002 due to lack of performance . The flooring of the bath house was not finished according to specifications. This has left the flooring with several deficiencies including a slippery texture, lack of proper drainage, and an inferior flooring wear surface. These deficiencies present a slip hazard to the public. The Parks Division has investigated several different flooring processes over the past year. Thermal-Chem Corporation was found to have the lowest maintenance and best floor system available for repairing the bath house floor. Metro Decatur Coating is a factory trained installer with a protected territory of the Thermal-Chem flooring system. The system is a Deco Quartz double broadcast system with a five year warranty. The system will repair the drainage, provide a UV resistant coating, and anti slip surface to the bath house .. Lords Park Family Aquatic Center Floor Refurbishing Date: May 9, 2003 Page 2 floor. The flooring system is unique to Thermal Chem and not available from other vendors . Due to the unique nature of the floor product and protected territory, the floor remediation work is a sole source award to Metro Decatur Coatings . The flooring remediation work will be paid with the funds withheld from DHL, LLC contract . GROUPS/INTERESTED PERSONS CONTACTED None (yOLA INANCIAL IMPACT There are sufficient funds budgeted and available in the amount of ($219, 887) , in the Riverboat Fund, Lords Park Family Aquatic Center project, River Boat fund number 275-0000-791 . 92-36, project number 509564, to award the contract amount of $36, 479 . 99 . GAL IMPACT None ALTERNATIVES 1 . Award contract with Metro Decatur Coatings for the floor resurfacing work at Lords Park Family Aquatic Center bath house. 2 . Do not award the contract to Metro Decatur Coating and apply a less resilient flooring system to the Lords Park Family Aquatic Center bath house floor. RECOMMENDATION It is recommended that the City Council approve the award of the sole source contract to Metro Decatur Coating in the amount of $36, 479 . 99 for the refurbishing of the Lords Park Family Aquatic Center bath house floor. Respectfully submitted for Council consideration. JTB Attachments