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06-31 Resolution No. 06-31 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PARKING SYSTEMS, INC. FOR THE PURCHASE OF SIGNAGE FOR THE CIVIC CENTER PARKING DECK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Parking Systems, Inc. for the purchase of signage for the Civic Center Parking Deck, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 8, 2006 Adopted: February 8, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENT FOR LOT FULL SIGNAGE SYSTEM FOR THE CIVIC CENTER PARKING DECK This Agreement is made and entered into this 7-4 day of (=E Q fc uAX , 2006 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing undefthe laws of the State of Illinois, and Parking Systems, Inc., incorporated in the State of Illinois and having a principal place of business at P. O. Box 72031, Roselle, Illinois 60172 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement,the Request for Proposals(RFP)including all documents referenced therein and the Contractor's Proposal response thereto dated September 29, 2005 entitled"Recreation Center Parking Garage"consisting of two pages (Proposal) attached hereto and incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the RFP and CONTRACTOR'S Proposal for the total cost of Eleven Thousand Five Hundred Five Dollars and no/100ths ($11,505.00). In the event of any conflict between this agreement, the proposal documents and/or the CONTRACTOR'S Proposal, this agreement shall control. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The work shall be completed within sixty(60)days. 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 goods or 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 goods or services as a result of any failure, omission or mistake of the CONTRACTOR in providing goods or 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. 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 nuquesbad, addresmod, if to CONTRACT(]R, 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 /ndemnih/, defend and hold harmless the City, its offiuera, emp/oyaes, boards and commissions from and against any and all claims, suits, judgments, oosts. attnrney'mfemm. damogeooronyanda|| othorn*|iefn, 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. APPROPRIATIONS.The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY=S obligations under the contract are not appropriated and authorized,then the CONTRACT shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are axhmusted, whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination. ARTICLE XIII. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no pnomisom, humns, 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. CONTRACT C|Tu=. EL ' . . \ -�� By: -- ` . - ' _ Name Ti O|ufemi Fo : iM ` CdyMena^er �~ „FEIN NO. 38-28O5492 September 29, 2005 Mr. Charles Pitt City of Elgin 1900 Holmes Road Elgin, IL 60123 RE: Recreation Center Parking Garage Dear Mr. Pitt: Per meeting of September 28, 2005 at site, enclosed is quotation for equipment and installation with options. Equipment 4 Oracle Co. - Directional Detectors each unit containing two self tuning detectors with directional logic 2 Housing for Detectors 1 Model PSI #755 Capacity Counter with capacity for remote communication at future date 2 LED (Green Open) Red (Full sign) with 4" letters Total Equipment Cost: $4400.00 Installation of mounting of full signs, 8 detector loops, 2 housings for detectors, 2-4 conduit wires pulled from detector housings and full signs to capacity counter . $3200. 00 Option #1 - Allow PSI to get 110VAC from exit signs for detectors and full signs Run approximately 600' of 1/2" thinwall conduit high on lower level wall , EMT connectors, wall clamps , etc. PARKING SYSTEMS, INC. P.O. Box 72031 • RosELLE. IL 60172 • (947)891-3819 • FAX (847)895-0816 • 1-800-582-4918 WWW DA lilt I LIft.OVCTO IA= e." Mr. Charles Pitt City of Elgin Page Two Manufacture 2 special brackets to hang full signs from overhead Install the conduit into electrical room Install control panel and hook up wiring $2005.00 Option #2 - If we have to run a second 1/2" conduit run for 115VAC from electrical room load center because we cannot use exit lights for detector and full sign power and pull three ( 3) runs of 14 gauge 600 ' wire. Figure boring a conduit hole from first floor to electrical room and seal conduit against moisture, ADD: $1900.00 Sincerely, Larry A. Landis 4 LAL/me OF Ez •1, City of Elgin Agenda Item No. ' E N L 4 n ' wu G ala �� November 23, 2005 I O ._ 11�9 1111 .10 FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES, TO: Mayor and Members of the City Council AND QUALIT Y INFRASTRUCTURE FROM: Olufemi Folarin, City Manager John Loete, Public Works Director SUBJECT: The Purchase and Installation of a Lot Full Signage System for the Civic Center Parking Deck PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the purchase and installation of an electronic vehicle capacity counting system to advise motorists of the availability of parking space within the Civic Center Parking Deck. RECOMMENDATION It is recommended that the City Council approve the purchase and installation of a vehicle capacity counter system for the Civic Center Parking Deck from Parking Systems, Inc of Roselle, IL for a cost of$11,505. This purchase is an exception to the procurement ordinance since bids were not sought. BACKGROUND The high level of use at the Civic Center Parking Deck has resulted in the situation that a potential user may enter the deck and drive to the top floor only to find no open parking places. To address this problem, funds were included in the 2005 budget to purchase an electronic system that counts the vehicles as they enter and leave and notifies drivers via a sign at the entrance if the lot is nearing capacity. Such a vehicle capacity counter system was included in the construction of the Fulton Street Parking Deck. In the interest of maintenance uniformity and parts availability; as well as the ability to interconnect other facilities in the future, it is recommended to install the same equipment at the Center City Parking Deck as is installed in the Fulton Street Parking Deck. A cost proposal was obtained from Parking Systems, Inc of Roselle, IL as the manufacturer of the system. The price for purchase and installation totals $11,505. This purchase will be an olo '" exception to the procurement ordinance since the value is over $10,000 and sealed bids were not sought. eulb' Civic Center Parking Deck Signage November 23, 2005 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. yA__,,,, FINANCIAL IMPACT The proposal from Parking Systems, Inc. to furnish and install the system at the Civic Center Parking Deck at a not to exceed price of $11,505.00. Funding for this project is located in the Riverboat Fund, account number 275-0000-791.93-80, "Public Ways/Street Improvements" project number 030093, "Civic Center Parking Deck Signage" ($16,000 budgeted and available). LEGAL IMPACT \pW1/ Exceptions to the procurement ordinance require the approval of two-thirds of the City Council. The proposed agreement must be submitted to the Legal Department for review. ALTERNATIVES 1. Authorize the purchase and installation of the Vehicle Capacity Counter system. rilk 2. Do not authorize the purchase and installation of the Vehicle Capacity Counter system. Respectfully submitted for Council consideration. JL/do riP6.