10-33 Resolution No. 10-33
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH
MEADE ELECTRIC CO., INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that
Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute an amendment agreement on behalf of the City of Elgin with Meade Electric Co.,
Inc. for traffic signal maintenance services,a copy of which is attached hereto and made a part hereof
by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: February 10, 2010
Adopted: February 10, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
r F
AMENDMENT AGREEMENT
This Amendment Agreement is made and entered into this 1st day of January 2010, by
and between the City of Elgin, an Illinois municipal corporation (hereinafter called the "City")
and Meade Electric, a corporation organized and existing under the laws of the State of Illinois
(hereinafter called the "Contractor").
WHEREAS, the City and the Contractor have previously entered into an agreement
relating to 2009 Traffic Signal Maintenance dated August 26, 2009 (hereinafter referred to as the
"Subject Agreement"); and
WHEREAS, the City and the Contractor have agreed to extend the term of the Subject
Agreement for an additional year from January 1, 2010 through December 31, 2010.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants set
forth in the Subject Agreement, and the mutual covenants as set forth in this Amendment
Agreement, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. That the term of the Subject Agreement is hereby amended whereby an additional one (1)
year term is added thereto from January 1, 2010 through December 31, 2010.
2. That except as specifically amended by this Amendment Agreement, the Subject
Agreement shall remain in full force and effect.
3. That in the event of any conflict between the terms of this Amendment Agreement and
the terms of the Subject Agreement, the terms of this Amendment Agreement shall
supersede and control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment
Agreement as of the date and year first written above.
CITY OF EL CONTRACTO : Meade Electric Co. , Inc.
By: /leg-' By: a'r--(,1z/41(
an R. Stegall Its Vice President
City Manager
Attest:
City Clerk
F:\Legal Dept\Agreement\Meade Electric Co-Amendment Agreement.doc
IL"
44 ,r1 4' Lto f 417;•-•
C ;ti Agenda Item No. K
City of Elgin
1/1DIO' fix.
January 7,2010r,rsky,
TO: Mayor and Members of the City Council • i z t
`-' innrtciaEiy Sid*
FROM: Sean R. Stegall, City Manager 9%40 •
City Government
David L. Lawry, General Services Manager
SUBJECT: 2009 Motor Fuel Tax Traffic Signal Maintenance One Year Contract Extension
with Meade Electric Company
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider approving a one year contract extension with Meade Electric Company
for the 2009 Motor Fuel Tax(MFT)Traffic Signal Maintenance Program.
RECOMMENDATION
rub' It is recommended that the City Council approve a one year contract extension to the Agreement
with Meade Electric Company to provide maintenance services for the 2009 MFT Traffic Signal
Maintenance Program in the amount of$84,936 and authorize the City Manager to execute the
necessary documents.
BACKGROUND
On August 26, 2009, the City Council awarded the 2009 MFT Traffic Signal Maintenance
Program agreement to Meade Electric Company for a period of September 2009 to December
2009. At that time, IDOT only allowed the City to enter into an agreement for the last four
months of 2009. The bid award contract duration included (2) one year contract extensions
starting January 1, 2010 for traffic signal maintenance services. Attached is a copy of the signed
agreement with Meade Electric Company for traffic signal maintenance service. Traffic signal
maintenance is performed by Meade Electric on 56 locations for one year period at a cost of
$84,936.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
2009 MFT Traffic Signal Contract—Meade Electric
January 7,2010
Page 2
(01/{Th
FINANCIAL IMPACT
e cost of the one year contract extension with Meade Electric Company is $84,936. Funding
for this amendment is in the Motor Fuel Tax Fund account number 290-0000-791.41-07, "MFT
Repairs & Maintenance Services/Traffic Signals",project number 339982, "MFT Traffic Signals
2009"($335,000 has been budgeted for 2010 and $335,00 is available).
VIVVEGAL IMPACT
None.
ALTERNATIVES
1. The City Council may choose to approve the contract extension with Meade Electric.
2. The City Council may choose not to approve the contract extension with Meade Electric.
Respectfully submitted for Council consideration.
Attachment
r a
•
AGREEMENT
THIS AGREEMENT is dated this 26`x` day of August,2009 by and between the City of Elgin,an
Illinois Municipal Corporation (herein called "City") and Meade Electric
(herein called"Contractor"),a corporation with a principal place of business at
9550 W.55`s Street,Suite A.McCook IL
WHEREAS,on July 29,2009 the City released an Invitation for Bids entitled 2009 Traffic Signal Maintenance;and
WHEREAS,Contractor submitted a timely bid on August l2.2009 and
WHEREAS,the City Council has deemed Contractor to be the lowest price responsive and responsible bidder for 2009.
Traffic Signal Maintenance,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:
Complete maintenance of traffic signals in 56 intersections under the jurisdiction of the City of Elgin World as set forth
in the Supplemental Specifications,bid documents,contract,and special provisions.
Article 2. ENGINEER.
The Work has been designed by Dave Lawry ("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 1500 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 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.
•
-i -
..
Sheet titles are listed on the cover sheet of each drawing set.
j. Any Addenda.
k. Contractor's Bid.
1. 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, 411)
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 mailedor 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 Id)
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,•
-3-
. s . ..
•
•
•
r
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$ 84.936 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 Document. Notwithstanding anything to the
contrary in any Contract Documents,City shall be entitled to withhold any payments pending the submission of partial
or Rill 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.
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
-2-
F:\Legal Dept\Agreement\City Contractor Agreement-2006.doc
•
•
f
4
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 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 August 26,2009
CITY OF EL if•
/
By: can R.Stegall
Title: City Manager
Address for giving notices
City of Elgin
150 Dexter Court
• Elgin.IL 60120
CONTRACTOR:,I�
Meade Electric
By: •
•
Title: tie 4g.--s)..0e4/7-
Address for giving notices
City of Elgin
•
150 Dexter Court Attn:Dave Lawry •
Elgin,IL 60120
FEIN#
.q_
F:\Legal DeptMAgreement\City Contractor Anreement-2006.doc
2009 Traffic Lai Maintenance
k
TABULATION OF BIDS
CITY OF ELGIN Meade Electric Company
' 9550 W.551h Street ,
Invitation No.09-048 1 McCook,IL 60525
Date of Opening:8/12109
Department:Public World
Description ;Quantity Price Extended Price
1 IHighbnd&McLean 12 $126.00 $1,512.00
Larkin&S.Lyle 12 $128.00 $1,512.00
.,.State&Walnut/National 12 1128.00 $1,512.00
H!hland&N.Stet* 12 *144.00 31 728.00
.Chicago&N.State 12 $144.00 $128.00
Lawlence/10mbau&N.State 12 3144.00 $1 728.00
N.Stele&Wing 12 $144.00 1'728.00
N.McLean&Royal 12126.00 $1,612.00
N.Grove&Kimball 12 $119. 00 1 $1,428.00
ZgDouglas$Kimball 12 i $119.00 $1,428.00
al&N.Sony 12 $119.00 $1,428.00
Dundee&Kimbel 12 $119.00 $1,428.00
Dundee&Summltt 12 $128.00 $1,512.00
Dundee&Slade 12128.00 $1,512.00
Dundee,Congdon,&WNW 12 $128.00 $1,512.00
Dundee&Ludo 12 $128.00 $1,612.00
Dundee&Page 12 $128.00 $1,512.00
&Tollgate 12 $128.00 0,512,00
CIy&Liberty 12 $128.00 f1,612.00
Bluff City&SL Charles 12 $128.00 ¢1,,512.00
Chis 6 9.(f&�Ra monder a�� 12 $12e 00 $1,$12.00
S.Gifford&111= 12 $128.00 $1 51200
E.Chioago&S.GIfford 12 $128.00 $1,512.00
E.Chicago&B.Channkrg 12 $128.00 $1,51200
S.Grove&National 12 $119.00 1425.00
;.Grove&Prairie 12 $126.00 ${61200
I E.Chicago&S.Spring 12 $128.00 $112.00
E.Hlyhlend&N.Spring .12 $128.00 $1,512.00
Division&N.Spring 12 $128.00 $1,512.00
Big Timber&N.Lyle 12 $128.00 *1.512.00
I•bbnes&N.McLean 12 $119.0011428.00'
Dundee&Park 12 $128.00 81,612.00
Larkin&N.Edson 12 $133.00 $1,598.00
S.Mclean&College Green 12 $119.00 $1,428.00
Kimbal&N.Center 12 $119.00 $1,428.00
I• glee&E1•Ighland 12 $126.00 $1,512.00
E.Chicago,Dei &Grove 12 $128.00 $1,61200
Big Timber&N.McLean 12 1139.00 $1,888.00 '
Fulton&S.Spring/S.Grove . 12 $128.00 $1,512.00
Forest&N.McLean 12 $119.00 • $1,428.00 '
' E.Chicago&Riverside 12 $128.001,512.00
Grove Highland,&Rhrerslde 12 $128.00 $1,51200
Center&E.Highland 12 $128.00 $1,612.00
E.Chicago&CenterMVila Court 12 $128.00 $1,812.00
Mtn&S.McLean 12 $128.00 11,512.00
S.McLean&Spartan 12 *128.00 $1,512.00
Fleetwood i S.McLean 12 ;128.00 $1512.00
N.McLean&Wing 12 $128.00 $512.00
May SL,St Charles&Arlington 12 $119.00 • $1428.00
8.McLean&Weld(South side of Bypass 20) 12 $126.00 112 .00
Bypass 20&S.McLean(North aide of Bypass) 12 $128.00 $1,512.00
LNIan&S.McLean 12 $128.00 $1,512.00
Highland a Riverside 12 $128.00 *1,812.00
Lakin&Alrlite 12 $128.00 $1,512.00
Grand Total $83,424.00
of E.�CV -.
Memorandum
City of Elgin
°RATED FES
Date: February 15, 2010
To: Dave Lawry, General Services Group Director
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 10-33, Adopted at the January 27, 2010 Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Amendment Agreement with Meade Electric Co., Inc. for traffic signal
maintenance services