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04-267 Resolution No. 04-267 RESOLUTION AUTHORIZING TERMINATION OF THE LINCOLN/DOUGLAS SEWER SEPARATION PROJECT CONTRACT WITH MOLA CONSTRUCTION CO., INC. AND AUTHORIZING THE AWARD OF A CONTRACT FOR THE REMAINING PORTION OF THE PROJECT TO GETDOWN UNDERGROUND, INC. 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 terminate for cause the Lincoln/Douglas Sewer Separation Project Contract with Mola Construction Co.,Inc.and is further authorized to execute all documents in connection with such termination. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, City Manager, or his designee, be and is hereby authorized and directed to complete negotiations for a contract for the remaining portion of the Lincoln/Douglas Sewer Separation Project with the second low bidder for the subject project Getdown Underground, Inc. and is further authorized and directed to enter into a contract with Getdown Underground, Inc. for the remaining portion of such project and to execute all documents in connection with such contract. s/Ed Schock Ed Schock, Mayor Presented: September 22, 2004 Adopted: September 22, 2004 Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SEPTEMBER 22, 2004 VOLUME LXIX Resolution No. 04-266 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT WITH MONROE ACQUISITION PARTNERS LLC FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF RANDALL ROAD AND COLLEGE GREEN DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase and Sale Agreement on behalf of the City of Elgin with Monroe Acquisition Partners LLC for property consisting of approximately 26.45 acres located at the northeast corner of Randall Road and College Green Drive, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 22, 2004 Adopted: September 22, 2004 Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 04-267 ADOPTED AUTHORIZING TERMINATION OF THE LINCOLN/DOUGLAS SEWER SEPARATION PROJECT CONTRACT WITH MOLA CONSTRUCTION CO., INC. AND AUTHORIZING THE AWARD OF A CONTRACT FOR THE REMAINING PORTION OF THE PROJECT TO GETDOWN UNDERGROUND,INC. Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Sandor, Walters and Mayor Schock. Nays:None. Resolution No. 04-267 RESOLUTION AUTHORIZING TERMINATION OF THE LINCOLN/DOUGLAS SEWER SEPARATION PROJECT CONTRACT WITH MOLA CONSTRUCTION CO., INC. AND AUTHORIZING THE AWARD OF A CONTRACT FOR THE REMAINING PORTION OF THE PROJECT TO GETDOWN UNDERGROUND, INC. 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 terminate for 780 AGREEMENT THIS AGREEMENT is dated this 25th day of October, 2004, by and between the CITY OF ELGIN, an Illinois Municipal Corporation(herein called"City")and GETDOWN UNDERGROUND, INC. (herein called "Contractor"), a Corporation with a principal place of business at 1311 North Raddant Road, Batavia, Illinois 60510. WHEREAS, on February 20, 2004 the City released an Invitation for Bids entitled CITY OF ELGIN, ILLINOIS—LINCOLN/DOUGLAS SEWER SEPARATION PROJECT and WHEREAS, Contractor submitted a timely bid on March 16, 2004 and WHEREAS, the City Council has deemed Contractor to be the lowest price responsive and responsible bidder to complete the balance of the CITY OF ELGIN,ILLINOIS—LINCOLN/DOUGLAS SEWER SEPARATION PROJECT, 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: The completion of the improvements for the subject Project as of October 4, 2004. The proposed construction consists of the replacement of 18-inch and 8-inch sanitary sewer;replacement of "break-in" branch tee connections; and replacement of brick sanitary manholes in order to upgrade existing combined sewer to sanitary sewage use only. The installation of 42-inch,36-inch,24-inch, 18-inch,and 12-inch storm sewer;storm manholes; catch basins;and inlets as part of a new storm system to transport the water currently being handled by the combined sewer system. Also included in the work is patching of the sewer trenches; removal and replacement of all water services crossed by the new storm sewer; tunneling of historic curbs in lieu of removing and replacing the curbs; curb and gutter replacement; erosion control; parkway restoration; and other miscellaneous items of work. Article 2. ENGINEER. The Work has been designed by Baxter&Woodman, 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 Work will be substantially completed on or before December 3, 2004, and completed and ready for final payment in accordance with the Supplementary Conditions on or before December 30,2004. 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 in this Agreement. AGREEMENT 00500-1 (Eng. Job No. 021193/Const. Job No. 041296) 3.2. Liquidated Damages. City and Contractor agree that as reasonable liquidated damages for delay(but not as a penalty)Contractor shall pay City$640 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$320 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$1,259,313.06. This value is based on the Contractor's Bid Price submitted ($1,833,562.50) minus the value of completed work. 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. Retainaqe. 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. AGREEMENT 00500-2 (Eng. Job No. 021193/Const. Job No. 041296) g. Supplementary Conditions. h. Specifications. i. Drawings consisting of 21 sheets, with each sheet bearing one of the following general titles: CITY OF ELGIN, ILLINOIS — LINCOLN/DOUGLAS SEWER SEPARATION PROJECT 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. 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 AGREEMENT 00500-3 (Eng. Job No. 021193/Const. Job No. 041296) y� 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 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. 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. 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 May 28, 2004. CITY OF ELGIN, ILLINOIS GETDOWN UNDERGROUND, INC. City: David M. Dorgan Contactor: Mark K. Kennedy By h-4. - " :.��!, Title: City Manager Title: P -sident Address for giving notices Address for giving notices 150 Dexter Court 1311 North Raddant Road Elgin, Illinois 60120 Batavia, Illinois 60510 FEIN# 36-4286018 AGREEMENT 00500-4 (Eng. Job No. 021193/Const. Job No. 041296)