03-0320 Pezza Landscaping 0 -03ac7
Section 00520
AGREEMENT FORM
AGREEMENT
THIS AGREEMENT is dated this 20th day of March , 20 03 by and between
the City of Elgin, an Illinois Municipal Corporation (herein called "City") and Pezza
Landscaping, Inc. _(herein called "Contractor"), a with a principal place
of business at 30W211 Calumet Avenue, Warrenville, Illinois 60005
WHEREAS, on [insert date of release] the City released an Invitation for Bids entitled NEW
PUBLIC WORKS FACILITY, BID PACKAGE"A," SITE WORK; and
WHEREAS, Contractor submitted a timely bid on Tuesday, January 7, 2003; and
WHEREAS, the City Council has deemed Contractor to be the lowest price responsive and
responsible bidder for New Public Works Facility, Bid Item A-5 , 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:
Bid Item A-5, Landscaping
Article 2. ENGINEER.
The Work has been designed by POSTL-YORE AND ASSOCIATES, INC., ("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.
The required Substantial Completion Date has been determined to be �c�- 2X , 2003.
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
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City of Elgin,Illinois 00520- 1 AGREEMENT FORM
delay (but not as a penalty) Contractor shall pay City$ 550.00 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$ 550.00 for each day beyond the time for
Final Completion.
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$ 101,600.00 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.
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. Certificates of Insurance.
c. Bonds.
d. Notice of Award.
e. Notice to Proceed.
f. General Conditions.
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City of Elgin,Illinois 00520-2 AGREEMENT FORM
g. Supplementary Conditions.
h. Specifications.
i. Drawings consisting of fourteen (14) sheets, with each sheet bearing one of the
following general titles:
A-0.1 Cover Sheet
A-0.2 Erosion Control Plan
A-1.1 Site Plan- Demolition Plan
A-1.2 Site Plan —Geometric
A-1.3 Site Plan —Topographic and Utilities
A-3.1 Exterior Elevations
A-8.1 Site Details
S-5.1 Foundation Plans
S-5.2 Sections
S-5.3 Details
S-5.4 Loading Dock Details
E-1.1 Electrical Site Plan
E-7.1 Electrical Details
L-1.1 Landscape Plan
Sheet titles are listed on the cover sheet of each drawing set.
j. Any Addenda.
I. Contractor's Bid.
m. City Forms.
n. 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.
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City of Elgin,Illinois 00520-3 AGREEMENT FORM
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 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, its officers, employees, boards and
commissions, and the Architect/Engineer, its officers and employees, 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. In the
event of any action against the City, its officers, employees, agents, boards or
commissions, or the Architect/Engineer, its officers or employees, covered by the
foregoing duty to indemnify, defend and hold harmless, such action shall be defended
by legal counsel of the City's and/or the Architect/Engineer's choosing.
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City of Elgin,Illinois 00520-4 AGREEMENT FORM
IN WITNESS WHEREOF, City and Contractor have signed th s Agreement. One counterpart
each has been delivered to City, Contractor, Surety, and Engi eer.
This Agreement shall be effective on March 20, 2003
City: CONT' A CTOR:
X "`.1 "t?/1'( i,•
By • V.-
By ��Ott c E 16)10 — \ASI 00*fri
Title: C a IAA 14(it NGc)C1/ Tit
Address for giving notices Addres- for giving .tices
1 I' Kms/ PEZZ' LANbSCAPE INC.
2-4
• P.O. :OX 308
E(51v) IL (pCIltt) WAR"ENVILLE, IL 60555
FEIN # 36'3/Dt13N7
New Public Works Facility
City of Elgin,Illinois 00520-5 AGREEMENT FORM