B08-057 'go$-OS�
VOLUME LXXIII SEPTEMBER 24, 2008
Marcus Banner expressed a complaint about the lack of police action in regards to a drunk
driver. He would like to have this incident investigated. He also issued an invitation to the
community to a meeting of ONE.
Dennis Jurs, chair of the Elgin Cycling Committee, presented a report on the Elgin Cycling
event. He also thanked all those who assisted with the event.
Sigy Psimenos, president of Tyler Towers Homeowners Association, expressed concerns about
the development at 500 N. McLean. She feels the developer has made changes to the project and
that these should be thoroughly reviewed by the City.
John Collins expressed his concerns regarding flooding at Cooper and Prescott.
Luis Martinez expressed his concerns about flooding in the trailer park near Villa Street.
Karen Hjelm expressed her concerns about flooding in her neighborhood and does not want a
park built on the former Casa Linda property.
BID 08-054 AWARDED TO CANON BUSINESS SOLUTIONS FOR THE LEASE OF SIX
BLACK AND WHITE CONVENIENCE COPIERS FOR VARIOUS CITY
DEPARTMENTS
Councilmember Kaptain made a motion, seconded by Councilmember Walters,to award a
contract to Canon Business Solutions in the amount of$77,118.84 for the lease of six black and
white copiers for various City departments. Upon a roll call vote: Yeas: Councilmembers
Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None.
BID 08-057 AWARDED TO COMPLETE FENCE FOR THE INSTALLATION OF
BLACK ALUMINUM FENCING AT THE WING PARK GOLF COURSE
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a
contract to Complete Fence in the amount of$64,659 for the installation of black aluminum
fencing at Wing Park Golf Course. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Steffen, Walters, and Mayor Schock. Nays: None.
BID 08-062 AWARDED TO VORIS MECHANICAL, INC. FOR MODIFICATIONS TO
THE HVAC SYSTEM AT THE RIVERSIDE WATER FACILITY
Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to award a
contract to Voris Mechanical, Inc. for a total amount of$568,300 for modifications to the HVAC
system at the Riverside Water Facility. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Steffen, Walters, and Mayor Schock. Nays: None.
654
AGREEMENT
THIS AGREEMENT is dated this 24th day of September, 2008 by and between the City of
Elgin, an Illinois Municipal Corporation (herein called "City") and Complete Fence (herein
called"Contractor"), a corooratiorwith a principal place of business at
27W] 74 North Avenue West_ Chicago. IL 60185
WHEREAS, on July 10, 2008 the City released an Invitation for Bids entitled Fence at Wing Park Phase
3;and
WHEREAS, Contractor submitted a timely bid on(insert due date forbids]; and
WHEREAS, the City Council has deemed Contractor to be the lowest price responsive and responsible
bidder for Fence at Wing Park Phase 3; hereinafter referred to as"Work;"
NOW THEREFORE, in consideration of the mutual covenants herein set forth, the sufficiency of which is
hereby acknowledges, 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:
Remove current fence, post and concrete; Furnish and install 1800 linear feet of 6-foot high
commercial grade ornamental black aluminum fence matching existing ornamental black
aluminum fence; Using 6-foot wide sections with 4"picket spacing attached to a 2 W sections
square post; Furnish and install four 4"square gate post; Furnish and install 16-foot wide slide
gate at shop entrance; Furnish and install 12-foot wide slide gate behind the four tee;All spoils to
be removed from site by contractor when they take down the fence.
Article 2. ENGINEER.
The Work has been designed by Mike Lehman ("Engineer"). Engineer shall
act as City's representative and shall assume and provide such duties and obligations 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. [insert
milestone dates here] 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. City and Contractor agree that as reasonable liquidated damages for
delay (but not as a penalty) Contractor shall pay City $ 500 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 $ 500 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
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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$ sr9, 00 as indicated in the Contractor's Bid 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 Engineer, 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.
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.
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b. Certificates of Insurance.
c. Bonds.
d. Notice of Award.
e. Notice to Proceed.
f. General Conditions.
g. Supplementary Conditions.
h. Specifications.
i. Drawings consisting of 0 sheets, with each sheet bearing one of the
following general titles:
N/A
Sheet titles are listed on the cover sheet of each drawing set.
j. Any Addenda.
k. Contractor's Bid.
I. City Forms.
m. 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. 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.
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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 communication to 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 applicable
requirements regarding prevailing wages, minimum wage, workplace safety and legal
status of employees. 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 legal residents of the United States. 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
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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.
IN WITNESS WHEREOF, City and Contractor have signed this Agreement. One counterpart
each has been delivered to City, Contractor, Surety,and Engineer.
This Agreement shall be effective on September 24, 2008
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•
CITY: of LGIN
By. V111/ 1
Title: City Manager
Address for giving notices
City of Elgin
150 Dexter Court
Elgin, IL 60120
CONTRACTOR:
C'nc-IPL-P71. ie ,cry CO
Title: p/.--c
Address for giving notices
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F:1Legal Dept\Agreement\CITY CONTRACTOR AGREEMENT-2006.doc
9
September 18, 2008
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
Randy Reopelle, Parks and Recreation Director
SUBJECT: Bid#08-057 Fence for Wing Park Golf Course Phase III
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider awarding a bid for the installation of black aluminum fence at Wing Park
Golf Course.
RECOMMENDATION
It is recommended that the City Council award the bid to the low responsive and responsible
bidder, Complete Fence of West Chicago, Illinois, for fencing at Wing Park Golf Course in the
amount of$64,659.
BACKGROUND
Last year the City replaced the chain link fence located between Wing Street and the Wing Park
Golf Course with black aluminum fence. This improvement received many compliments and as
a result, funds were budgeted to replace the chain link fence from the park entrance to the
northwest corner near the classic league fields. This represents 1,800 linear feet of fence. The
bids for fencing were advertised on July 10, 2008, in The Courier News and on the City's
website. The bid opening was on July 28, 2008. Nine bids were received, with the low
responsive and responsible bidder being Complete Fence of West Chicago. The attached spread
sheet outlines the bid prices.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
Bid#08-057 Wing Park Golf Course Fencing Phase II
September 18, 2008
Page 2
FINANCIAL IMPACT
The bid from Complete Fence totals $64,659. There are sufficient funds budgeted ($65,000)
and available ($65,000) in the Riverboat Fund, account number 275-0000-791.92-32, "Land
Improvements," project number 296037, "Wing Park Fence Replacement" to accept this bid.
This project was previously postponed due to lower than expected riverboat receipts; however,
due to a favorable bid price, it is being recommended that the project be reestablished.
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to award the bid to the lowest responsive bidder, Complete
Fence, at a total cost of$64,659.
2. The City Council may choose not to award the bid to the lowest responsive bidder,
Complete Fence, at a total cost of$64,659.
Respectfully submitted for Council consideration.
RR/dd
Attachment
•
Fencing at Wing Park Golf Course Phase 3
TABULATION OF BIDS
Nationwide Construction Custom Built Commercial
CITY OF ELGIN Peerless Enterprises Inc. Group Fence Corp. Built Best Fence Company Fence Connection Inc Action Fence Contractors Complete Fence Inc Pro Fence Inc
33 W 401 Roosevelt Road 53861 Gratiot 721 N.Seminary Ave. 615 W Factory Rd 970 Villa Street 945 Tower Road 27W174 North Ave 450 Shepard Drive#17D
Invitation No.08-057 West Chicago IL 60185 Chesterfield,MI 48051 Park Ridge,IL 60068 Addison,IL 60101 Elgin,IL 60120 Mundelein,IL 60060 W Chicago IL,60185 Elgin,IL 60123
Date of Opening:7/28/08
Department:Parks&Recreation
Item
Remove current fence,post and
ncrete $6,750.00 $6,084.00 $3,402.00 $9,108.00 $2,500.00 $8,640.00 $6,674.00 $3,600.00
Furnish and install 1800 linear ft
of 6'high omamental fence $72,900.00 $66,096.00 $75,042.00 $75,708.00 $58,608.00 $71,550.00 _ $51,390.00 $79,200.00
Furnish and install four 4"gate
posts $1,500.00 $1,400.00 $745.52 $2,808.00 $500.00 $1,560.00 _ $591.00 $1,200.00
Furnish and install 16 ft wide
slide gate $3,040.00 $3,220.00 $2,538.90 $3,744.00 $3,518.00 $3,140.00 $3,282.00 $3,300.00
Furnish and install 12 wide slide
ate $2,400.00 $2,615.00 $2,127.30 $2,808.00 $3,518.00 $2,510.00 $2,722.00 $2,500.00
otal $86,590.00 $79,415.00 $83,855.72 0_ $94,176.00 $68,644.00 $87,400.00 $64,659.00 $89,800.00
v