17-99 Resolution No. 17-99
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
FOR LIGHTING REPLACEMENT AT THE HEMMENS CULTURAL CENTER
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 BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an agreement on behalf of the City of Elgin with F.H.
Paschen, S.N.Nielsen&Associates,LLC for lighting replacement at The Hemmens Cultural Center,
a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 12, 2017
Adopted: July 12, 2017
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
CITY OF ELGIN
AGREEMENT WITH F.H.PASCHEN,S.N.NIELSEN&ASSOCIATES LLC
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THIS AGREEMENT is made and entered into this 12th day of July , 2017, by
and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the
"CITY") and F.H. Paschen, S.N. Nielsen & Associates LLC, an Illinois limited liability
company, (hereinafter referred to as"PASCHEN").
ARTICLE 1. DEFINITION. This"CONTRACT" as used herein shall mean this Agreement;
the terms of tine City of Naperville Job Order Contract (RFP 11-082) dated March 1, 2011
(hereinafter referred to as the "Naperville Agreement") made a part hereof by reference; the job
order contract authorized and entered into between the parties hereto on February 10,2016 in the
amount of$193,810 (hereinafter referred to as the "Elgin Job Order Agreement"); PASCHEN'S
proposal for lighting and installation to the CITY dated May 31, 2017, attached hereto and made
a part hereof as Attachment A. Notwithstanding anything to the contrary contained in the
aforementioned Naperville Agreement or Attachment A, PASCHEN'S price for the lighting and
installation goods and services pursuant to this CONTRACT shall be for a total price of
$85,742.25. PASCHEN guarantees the availability of the goods to be provided. In the event of
any conflict between the terms of this Agreement form and the terms of Attachment A or the
Naperville Agreement, the terms of this Agreement shall supersede and control. In the event of
any conflict between the terms of the Naperville Agreement and Attachment A, the terms of the
Naperville Agreement shall supersede and control.
The circumstances said to necessitate the change in performance of the Elgin Job Order
Agreement were not reasonably foreseeable at the time the CONTRACT was signed;the change
is germane to the Elgin Job Order Agreement;and the change to the Elgin Job Order Agreement
is in the best interests of the CITY and is authorized by law.
The original Elgin Job Order Agreement amount was for $193,810; this Agreement adds an
additional $85,742.25, for a total change to the Elgin Job Order Agreement of $85,742.25,
resulting in total expenditure of$279,552.25.
ARTICLE II. SCOPE OF WORK. PASCHEN shall provide the goods and services described
in this CONTRACT, at the prices and terms contained herein.
ARTICLE III. TERMINATION. The following shall constitute events of default under this
CONTRACT: (a) any material misrepresentation made by PASCHEN to the CITY; or (b) any
failure by PASCHEN to perform any of its obligations under this CONTRACT including, but
not limited to, any of the following: (i)failure to commence performance of this CONTRACT at
the time specified in this CONTRACT; (ii) failure to perform this CONTRACT with sufficient
personnel and equipment or to deliver product to ensure the performance or completion of this
CONTRACT within the specified time; (iii)failure to perform this CONTRACT in a
workmanlike 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; or(vi) any other acts specifically and expressly
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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. In
the event of such termination by the CITY, the CITY's liability to PASCHEN shall be limited to
reasonable payment for and goods and/or services already provided by PASCHEN pursuant to
this CONTRACT.
ARTICLE IV. DAMAGES. From any sums due to PASCHEN pursuant to this CONTRACT,
the CITY may keep for its own the whole or any part of such expenses, losses and damages
incurred by the CITY as a consequence of procuring goods or services as a result of any failure,
omission, negligence or mistake of PASCHEN in providing the goods or services provided in
this CONTRACT.
ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is subject to
and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights arising out of or in connection with this CONTRACT shall be the
Circuit Court of Kane County, Illinois.
ARTICLE VI. AFFIRMATIVE ACTION. PASCHEN 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. PASCHEN 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. PASCHEN will
distribute copies of this commitment to all persons who participate in recruitment, screening,
referral and selection of job applicants and prospective subcontractors. PASCHEN agrees that
the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby incorporated by
reference, as if set out verbatim.
ARTICLE VII. AMENDMENTS. There shall be no modification of this CONTRACT, except
in writing and executed with the same formalities of the original.
ARTICLE VIII. 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 requested, addressed, if to PASCHEN, at 5515 N. East River Road,
Chicago, IL 60656 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 IX. INDEMNIFICATION. To the fullest extent permitted by law, PASCHEN
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, 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 PASCHEN or PASCHEN'S
officers, employees, agents or subcontractors in the performance of this CONTRACT including,
but not limited to, all goods delivered or services or work performed hereunder. In the event of
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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 X. PUBLICITY. PASCHEN 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 XI. APPROPRIATIONS. The fiscal year of the CITY is the twelve (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 this CONTRACT. If, for any fiscal year during the term of this CONTRACT,
sufficient funds for the discharge of the CITY's obligations under this CONTRACT are not
appropriated and authorized, then this CONTRACT shall terminate as of the last day of the
preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever
is later, without liability to the CITY for damages, penalties or other charges on account of such
termination.
ARTICLE XII. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement
of the parties. There shall been no promises, terms, conditions or obligations other than those
contained herein, and this CONTRACT shall supersede all previous communications,
representations or agreements, either verbal or written, between the parties.
ARTICLE XIII. 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, PASCHEN 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, PASCHEN hereby certifies, represents and warrants to the CITY that all
PASCHEN'S employees and/or agents who will be providing products and/or services with
respect to this CONTRACT shall be legally authorized to work in the United States. PASCHEN
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 PASCHEN to determine PASCHEN'S compliance
with the provisions of this section. In the event the CITY proceeds with such an audit
PASCHEN shall make available to the CITY PASCHEN'S relevant records at no cost to the
CITY. CITY shall pay any and all costs associated with any such audit.
ARTICLE XIV. SIGNATURE. The person signing this CONTRACT certifies that s/he has
been authorized by PASCHEN to commit PASCHEN contractual and has been authorized to
execute this CONTRACT on its behalf.
ARTICLE XV. EXECUTION. This CONTRACT may be executed in counterparts, each of
which shall be an original and all of which shall constitute one and the same CONTRACT. For
the purposes of executing this CONTRACT, any signed copy of this CONTRACT transmitted by
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fax machine or e-mail shall be treated in all manners and respects as an original document. The
signature of any party on a copy of this CONTRACT transmitted by fax machine or e-mail shall
be considered for these purposes as an original signature and shall have the same legal effect as
an original signature. Any such faxed or e-mailed copy of this CONTRACT shall be considered
to have the same binding legal effect as an original document. At the request of either party any
fax or a-mail copy of this CONTRACT shall be re-executed by the parties in an original form.
No party to this CONTRACT shall raise the use of fax machine or e-mail as a defense to this
CONTRACT and shall forever waive such defense.
ARTICLE XVI. ASSIGNMENT AND SUCCESSORS. This CONTRACT and each and
every portion thereof shall be binding upon the successors and the assigns of the parties hereto;
provided, however, that no assignment shall be made without the prior written consent of the
CITY.
ARTICLE XVIL ASSIGNMENT, DELEGATIONS AND SUBCONTRACTORS Any
assignment, delegation or subcontracting shall be subject to all the terms, conditions and other
provisions of this CONTRACT and PASCHEN shall remain liable to the CITY with respect to
each and every item, condition and other provision hereof to the same extent that PASCHEN j
would have been obligated if it had done the work itself and no assignment, delegation or
subcontract had been made. Any proposed subcontractor shall require the CITY's advanced
written approval. �
ARTICLE XVI1I. NO CO-PARTNERSHIP OR AGENCY. This CONTRACT shall not be
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construed so as to create a partnership,joint venture, employment or other agency relationship
between the parties hereto.
IN WITNESS WHEREOF the parties have hereto set their hands the day and year first
above written.
CITY OF ELG F.H. PASCHEN, S.N. NIELSEN &
ASS CIATES LLC
By:
Richard G. Kozal, City Manager
Atte t: By: j
Name/Print:
Title: ✓
City C erk
T�
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FALegal DepAAgreementTaschen Agr-Lighting Install-7-5-17.docx
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ATTACHMENT A
Job Order Contract
Proposal Review summary - Category
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Date: May 31,2017
Job Order#:: 032789.01
Title: City of Elgin-Auditorium Lights Supplemental
Contractor: 11.082-F.H.Paschen,S.N,Nielsen&Associates LLC
Proposal Value: $85.742.25
Proposal Name: City of Elgin-Auditorium Lights Supplemental
Proposal Submitted: 05/3012017
$28,027.21
Electric:
Grand Stage: $39,498.44
Scaffold: $18,216.60
Proposal Total $85,742,25
This proposal total represents the correct total for the proposal. Any disuepancy between line totals,
suh-lntalc and tha nrnnncal In1al Is drat In W indinn Of Ihn line tnlale ant�unfi4nlnla
The Percent of NPP on tills Proposal: 0.00%
Page 1 of 1
Proposal Review Summary-Category
5!31!2017
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Job Order Contract
Proposal Review Detail - Category
Date: May 31,2017
Job Order#:: 032789.01
Title: City of Elgin-Auditorium Lights Supplemental
Contractor: 11.082•F.H.Paschen,S.N.Nielsen&Associates LLC
Proposal Value: $85,742.25
Proposal Name: City of Elgin-Auditorium Lights Supplemental
Proposal Submitted: 05130120117
Rec# CSI Number Mod. UOM Description Line Total
Electric
1 26 05 33 00-0011 CLF 3r4"EMT With 3#10 THHNrrHWN Assembly Note: Includes conduit,set $20,201.36
screw connectors,set screw couplings,straps,vrlre as indicated. Not for
use where detail Is available.
Quantity Unit Price Factor Total
Installation 27.70 x 651.56 x 1.1193 = $20,201.36
Contractors Note:Install new electrical circuits to all light fixtures and pipe along catwalk throughout theater.
2 2651 1300-0290 EA 171 Wall LED,4'Length,High Bay Fixture $7,825.85
Quantity Unit Price Factor Total
installation 1.1193 = $4,699.19
31.00 x 135.43 x
Demolition 31.00 x 90.11 x 1.1193 = $3,126.66
Contractors Note:Remove and replace light fixtures with new fixtures already on site. Line item Is tabor only.
Subtotal for Electric: $28,027.21
Grand Stage
3 23 09 23 00-0006 HR EMCS System Software Programming And Graphics Programming $3,599.31
Quantity Unit Price Factor Total
Installation 16,00 x 200.98 x 1,1193 = $3,599.31
Contractors Note:CEM3 programming by Grand Stage.
4 23 00 23 00.0008 HR EMCS System Controls Training 51,696.77
Quantity Unit Price Factor Total
Installation 8,00 x 189.49 x 1.1193 = $1,696.77
Contractors Note:Owner training of new theater lighting controls.
5 26 09 23 00.0043 EA 120 V,6000 W.Dimming Control Module,"Hi-Power $941.05
Quantity Unit Price Factor Total
Installation 1.00 x 840.75 x 1.1193 = $941.05
Contractors Note:New touchscreen control station.
6 26 09 23 00.0050 EA 200 Amp 4801277 V 4 Conductor Power Filter With 25"X 40"X 17" $14,478.92
Quantity Unit Price Factor Total
Installation 1.00 x 12,935.69 x 1,1193 = $14,478.92
Contractors Note:Power package upgrades for existing racks including CEM3 backplane,rack tan,door foam filters,and
power cube. Includes rack cleaning.
7 26 09 6100-0002 EA Stage Lighting Control Panel Willi Counsel Control $16,647.55
Quantity Unit Price Factor Total
Installation 1,00 x 14,873.18 x 1.1193 = $16,647.55
Contractors Note:CEM3 Theater lighting control module from Grand Stage.
Proposal Review Detail •Category Page 1 of 2
513112017
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Proposal Review Detail-Category Continued..
Date: May 31,2017
Job Order#:: 032789.01
Title: City of Elgin-Auditorium Lights Supplemental
Rec# CSI Number Mod. UOM Description Line Total
Grand Stage
8 26 24 19 00.0323 EA Control Relays,Phase Voltage $2,134.84
Quantity Unit Price Factor Total
Installation 2,00 x 953.65 x 1.1193 = $2,134.84
Contractors Note:New relay modules
Subtotal for Grand Stage: $39,498.44
IScaffold-
9 01 54 23 00-0005 CCF Scaffolding With Bracing Accessories-Area Based On T Wide x T Long $605.43
Sections(CCF/Month)
Quantity Unit Price Factor Total
Installation 30,00 x 18.03 x 1.1193 = $605.43
Contractors Note:Two scaffolding towers on theater balcony for lighting replacement.
t0 01 54 23 00.0005 CCF Scaffolding With Bracing Accessories-Area Based On T Wide x 7'long $1,412.67
Sections(CCF/Month)
Quantity Unit Price Factor Total
Installation 70.00 x 18.03 x 1.1193 = $1,412.67
Contractors Note:Two scaffolding towers within theater for lighting replacement,
i f 01 54 23 00-0005 0021 CCF For Quantities>50 To 150,Add $141.03
Quantity Unit Price Factor Total
Installation 70.00 x 1.80 x 1.1193 = $141.03
Contractors Note:
12 0154 23 00.0008 CCF Scaffolding Erection And Dismantling•Height 21'To 40'Per CCF Of $11,240.23
Scaffolding And Accessories.Cost Includes Both Erection And Dismantling Of
Scaffolding
Quantity Unit Price Factor Total
Installation 210.00 x 47.82 x 1.1193 = $11,240.23
Contractors Note:Initial Installation of scaffolding,dismantle and re-build scaffolding two additional times throughout project for
lighting replacement.
13 01 54 23 00.0008 CCF Scaffolding Erection And Dismantling-Height 21'To 40'Per CCF Of $4,817.24
Scaffolding And Accessories.Cost Includes Both Erection And Dismantling Of
Scaffolding
Quantity Unit Price Factor Total
Installation 90.DO x 47.82 x 1.1193 = $4,817.24
Contractors Note:Initial installation of scaffotding,dismantle and re-build scaffolding two additional times throughout project for
fighting replacement.
Subtotal for Scaffold: ., w $18,216.60
Proposal Total $85,742.25
This proposal total represents the correct total for the proposal. Any discrepancy between line lotats,
mh•tntals anrt the nrnnncal total La fine fn ronndinn of Iha line I 1 1. and soh-totals
The Percent of NPP on this Proposal: 0.00%
Proposal Review Detail -Calepory Page 2 of 2
513112017