Village of Westchester Village Hall Agenda 10300 Roosevelt Road Westchester, IL 60154 Village Board Meeting www.westchester-il.org Tuesday, September 23, 2014
Village Hall Board Room-7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Presentations
5. Public Comments and Questions To give as many visitors as possible an opportunity to speak and in the interest of adjourning the meeting by 9:00 pm, please limit your comments to 3 minutes in length, unless further time is granted by the Board. A. Comments and Questions on Active Agenda B. Comments and Questions on General Matters 6. Public Hearings
7. Consent Agenda A. Approval of the Record of Bills ending 09-17-2014 in the amount not to exceed $598,042.49 B. Approval of Minutes i. Minutes of the September 9, 2014 Village Board Meeting (Handout) ii. Minutes of the September 9, 2014 Committee of the Whole Meeting (Handout) C. Ordinance Waiving Competitive Bidding and Authorizing the Purchase of a 2015 Ford Utility Police Interceptor From Currie Motors Fleet D. Ordinance Amending Section 2.12.200 Entitled, “Rules for Public Participation,” of the Code of the Village of Westchester E. Ordinance Amending Section 11.32.090 Entitled, "Parking Prohibited at all Times on Certain Streets," of Chapter 11.32 Entitled, "Parking" of Title 11, Entitled, "Vehicles and Traffic," of the Westchester Municipal Code F. Ordinance Authorizing the Purchase of Rock Salt from Morton Salt, INC. For Use Within The Village of Westchester G. Resolution Ratifying the Submission of a Letter to the Illinois Department of Financial & Professional Regulation in Support of An Application For the Operation of a Medical Marijuana Dispensary Within the Village of Westchester H. Motion to Award a Façade Grant to DiVita Insurance Agency in an Amount Not to exceed $7,500
8. Active Agenda A. Ordinance Waiving Competitive Bidding an Accepting A Proposal from V3 Companies of Illinois, LTD. For Construction Engineering Services for Mayfair Reservoir Expansion Project B. Resolution Authorizing the Award of a Contract to Copenhaver Construction, INC. For Construction Services Related to the Mayfair Reservoir Expansion Project (Handout) C. Ordinance Waiving Competitive Bidding and Authorizing the Execution of a Contract with GNP Energy for the Repair of Damaged LED Street Lights
9. Manager’s Report
10. Attorney’s Report
11. Board Member Reports and New Business
12. President’s Report
Village of Westchester 7:00 p.m. Village Hall Board Room
A. 5 ILCS 120/2(c)(1) -The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body.
The Village of Westchester will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal
3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. 2014-______
AN ORDINANCE WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE PURCHASE OF A 2015 FORD UTILITY POLICE INTERCEPTOR FROM CURRIE MOTORS FLEET
WHEREAS, the corporate authorities of the Village of Westchester (“Village”) find that it is advisable, necessary, and in the public interest that the Village purchase a 2015 Ford Utility
Police Interceptor (“Vehicle”) for use by the Police Department; and
WHEREAS, the Governmental Joint Purchasing Act (30 ILCS 525/00.01 et seq.) authorizes governmental units to purchase personal property, supplies, and services jointly with one or more other governmental units; and
WHEREAS, the Village has obtained a quote from Currie Motors Fleet, pursuant to the
Northwest Municipal Conference Joint Purchasing Program, for purchase of the Vehicle; and
WHEREAS, the corporate authorities of the Village of Westchester may, by a vote of two-thirds of the trustees then holding office, waive the requirement of the Village of
Westchester Purchasing Policies and Procedures Manual to publicly advertise and solicit competitive bids for a purchase in excess of fifteen thousand dollars ($15,000.00); and
WHEREAS, the corporate authorities of the Village have determined that it is advisable, necessary and in the best interests of the Village to waive competitive bidding requirements and to authorize the purchase of the Vehicle through the Northwest Municipal Conference Joint
Purchasing Program from Currie Motors Fleet.
WHEREAS, the corporate authorities of the Village have determined that it is advisable, necessary and in the best interests of the Village to waive the requirements of the Westchester
Purchasing Policies and Procedures Manual to obtain three written quotes for purchases in
15 excess of $2,500.00 and to authorize the purchase and installation of emergency vehicle equipment from Emergency Vehicle Technologies to be installed on the Vehicle.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village Westchester, Cook County, Illinois, as follows:
Section 1: Competitive bidding for the purchase ofa 2015 Ford Utility Police
Interceptor from Currie Motors Fleet is herebywaived, and the corporate authorities hereby authorize the purchase of a 2015 Ford Utility Police Interceptor, through the Northwest
Municipal Conference Joint Purchasing Program, from Currie Motors Fleet, for an amount not to exceed $27,107.00.
Section 2: The requirements of the Westchester Purchasing Policies and Procedures
Manual are hereby waived and the purchase and installation of emergency vehicle equipment from Emergency Vehicle Technologies is hereby authorized, for an amount not to exceed
$8,577.20.
Section 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.
ADOPTED this 23rd day of September, 2014, pursuant to a roll call vote as follows:
Angelo A. Calcagno ______Celestine Reda ______Paul Gattuso ______Nick Steker ______Frank Perry ______Tom Yurkovich ______
President Pulia ______
APPROVED this 23rdday of September, 2014.
______Sam D. Pulia, Village President
ATTEST: ______Sherby J. Miller, Village Clerk
16 ORDINANCE NO. 2014-______
AN ORDINANCE AMENDING SECTION 2.12.200, ENTITLED"RULES FOR PUBLIC PARTICIPATION," OF THE CODE OF THE VILLAGE OF WESTCHESTER
WHEREAS, Section 2.06(g) of the Open Meetings Act (5 ILCS 120/2.06(g)) provides that any person shall be permitted an opportunity to address public officials under the rules established and recorded by the public body; and
WHEREAS, the Illinois Attorney General, on September 4, 2014, has issued a Public
Access Opinion, and concluded that a rule requiring a person to state his or her home address before speaking at public meetings is impermissible and exceeds the scope of the rulemaking contemplated by Section 2.06(g).
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Westchester, Cook County, Illinois, as follows:
Section 1. Paragraph (1) of Section 2.12.200, entitled "Rules for Public
Participation," of Chapter 2.12, entitled "Board of Trustees," of Title 2, entitled "Administration
and Personnel," of the Code of the Village of Westchester is hereby amended as follows:
(1) Any person who seeks to address the corporate authorities of the Village of Westchester, at the time allotted during the public meeting for public comments and questions, shall be permitted to speak, only upon recognition by the presiding officer, and such person shall adhere to the following provisions:
(A) Prior to addressing the corporate authorities, each person addressing the corporate authorities of the Village of Westchester must complete the public questions and comments sign-in sheet provided by the Village Clerk.
(B) Each person addressing the corporate authorities of the Village of Westchester shall state his/her name for the record, at the beginning of such address.
(C) Each person shall be granted no more than three minutes per meeting in order to address the corporate authorities of the Village of Westchester, unless such time is extended by the presiding officer,
17 giving consideration to the probable number of speakers and lateness of the hour.
(D) Questions and/or comments shall be limited to Village business. Comments supporting or opposing a nominated person's candidacy for elective office shall not be permitted.
(E) Comments shall be directed to the presiding officer, unless the presiding officer permits the individual to address the members of the Village Board or other Village officials or employees present.
(F) The following behavior is prohibited during a public meeting of the corporate authorities of the Village of Westchester:
1. Conduct in violation of any Village ordinance, state or federal law, or any rule or regulation implementing state or federal law;
2. Interruption of speakers; name calling; boisterous remarks;
3. Offensive use of abusive, obscene, profane, slanderous or threatening language or gestures;
4. Acting or behaving in such an unreasonable manner so as to alarm or disturb another and to provoke a breach of the peace; and
5. Any other act designed to intimidate, threaten or harm persons, or damage or destroy property.
Section 2. This Ordinance shall be in full force and effect upon its passage and approval as provided by law.
ADOPTED this 23rdday of September, 2014, pursuant to a roll call vote as follows:
Angelo A. Calcagno ______Celestine Reda ______Paul Gattuso ______Nick Steker ______Frank Perry ______Tom Yurkovich ______
President Pulia ______
APPROVED this 23rdday of September, 2014.
______Sam D. Pulia, Village President ATTEST:
______Sherby J. Miller, Village Clerk
18 ORDINANCE NO. 2014-______
AN ORDINANCE AMENDING SECTION 11.32.090 ENTITLED, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS," OF CHAPTER 11.32 ENTITLED, “PARKING,” OF TITLE 11 ENTITLED, “VEHICLES AND TRAFFIC,” OF THE WESTCHESTER MUNICIPAL CODE
WHEREAS, the corporate authorities of the Village of Westchester have determined that it is advisable, necessary and in the public interest to amend the regulations regarding parking on
Heidorn Avenue in the Village of Westchester.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Westchester, Cook County, Illinois:
Section 1: Section 11.32.090 entitled, “Parking Prohibited At All Times on Certain
Streets,” of Chapter 11.32 entitled, “Parking,” of Title 11 entitled, “Vehicles and Traffic,” is hereby amended to read as follows:
11.32.090 – Parking Prohibited At All Times on Certain Streets
(a) It is unlawful to park any vehicle or to permit any vehicle to remain parked at any time on the following streets:
On the west side of Bristol Avenue from Roosevelt Road to Derby Lane.
On the west side of Buckingham Avenue from the south line of Cermak Road south to the north line of the first intersecting east-west public alley.
On the north side of Canterbury Street from Balmoral Avenue to Gardner Road, provided, however, that public transportation buses shall be allowed to park on the north side of Canterbury Street between Balmoral Avenue and Westchester Boulevard.
On the north side of Canterbury Street from Balmoral Avenue to Mannheim Road.
On the south side of Canterbury Street between Balmoral Avenue and Westchester Boulevard.
On the south side of Canterbury Street from Suffolk Avenue to Norfolk Avenue.
483718-1 19 On the paved or improved or main-traveled part of Cermak Road between Mannheim Road and Mayfair Avenue.
On the south side of Derby Lane from a point fifty-six feet west of the intersection of the center line of Bristol Avenue extended south with the south line of Derby Lane to Gardner Road and on the north side of Derby Lane from a point fifty-six feet west of the center line of Bristol Avenue to the center line of Bristol Avenue.
On the west side and south side of Essex Street from Windsor Drive to a point extended along the west line and south line of Essex Street four hundred fourteen feet south and east of Windsor Drive.
On the north and south side of Lancaster Street from the east line of Wolf Road to the west line of Wellington Avenue.
On the east and west sides of Mannheim Road between Kipling Street and Balmoral Avenue.
On the east side of Mannheim Road from Oxford Street to Canterbury Street.
On the west side of Mannheim Road from Oxford Street to Canterbury Street.
On the east side of Newcastle Avenue from the north line of Roosevelt Road north to the south line of the first intersecting east-west public alley.
On the west side of Norfolk Avenue from the south line of the first intersecting east-west public alley to the north line of Cermak Road.
On either side of Oxford Street from the west line of Mannheim Road to the east line of Belleview Avenue.
On Roosevelt Road, between the west side of Balmoral Avenue and the east side of Westchester Boulevard, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or to take on or discharge passengers.
On the north side of Roosevelt Road from the east line of Westchester Boulevard to the intersection of the south line of Roosevelt Road with the west line of Portsmouth Avenue, if extended south.
On both sides of the Roosevelt Road service drive from Bristol Avenue to Gardner Road.
On the west side of Sunnyside Avenue from the south line of Cermak Road south to the north line of the first intersecting east-west public alley.
On the paved or improved or main-traveled part of Thirty-First Street.
483718-1 20
On the east and west side of Wolf Road between the north line of Lancaster Street and the south line of Windsor Drive.
On the north side of Wight Street from the east line of Mannheim Road to the west line of the first intersecting north-south public alley.
On the north and south side of Gladstone Street from a point one hundred twenty feet east of the east curb line of Cromwell Avenue east for a distance of fifty feet.
On the south side of 22nd Street from the west line of Wolf Road for a distance on one hundred fifty feet west.
On the west side of Wolf Road from the south line of 22nd Street for a distance of one hundred fifty feet south.
On the west side of Norfolk Avenue from Canterbury Street south to school entrance drive.
On the north side of Gladstone Street from school entrance west to the east line of Hull Avenue.
On the south side of Windsor Drive from the west line of Kensington Avenue east to school entrance drive.
On the north side of Dorchester Avenue from the east line of the alley next west of Mannheim Road to the west line of Mannheim Road.
On the south side of Balmoral Avenue from the east line of Mannheim Road to the west line of the alley next east of Mannheim Road.
On the north and south side of Waterford Drive for a distance of one hundred feet west of the east property line of the lots lying next west of Mannheim Road.
On the east side of Westchester Boulevard from the south curb-line of Roosevelt Road for a distance of sixty-six feet to the north line of the east-west alley lying next south of Roosevelt Road.
On the east and west side of Mayfair Avenue from the north curb line of Robinhood Street to the south curb line of Cermak Road.
On the east and west side of Mayfair Avenue for a distance of one hundred feet north of the north curb line of Cermak Road.
483718-1 21 On the north and south sides of Constitution Avenue from the west side of Wolf Road west for the full length of Constitution Avenue up to the east side of Enterprise Drive except on Sundays from ten a.m. to one p.m.
On the south side of Roosevelt Road from one hundred eighty-three feet east of the center line of Wolf Road to High Ridge Avenue.
On the east side of Mannheim Road from Roosevelt Road north to the Eisenhower Expressway (I-290).
On the east side of Mayfair Avenue between Canterbury Street and Cermak Road.
On the north side of Canterbury Street between Haase Avenue and the west property line of 10782 Canterbury Street.
On the north, northeast and east side of Westminster Drive.
(b) The proper signs shall be posted on the streets designated in this section.
Section 2: Any ordinance or portion of any ordinance in conflict with any provisions of this Ordinance is hereby repealed solely to the extent of such conflict.
Section 3: This Ordinance shall be in full force and effect upon its passage and approval as provided by law.
ADOPTED this 23rd day of September, 2014, pursuant to a roll call vote as follows:
Angelo A. Calcagno ______Celestine Reda ______Paul Gattuso ______Nick Steker ______Frank Perry ______Tom Yurkovich ______
President Pulia ______APPROVED this 23rd day of September, 2014.
______Sam D. Pulia, Village President
ATTEST: ______Sherby J. Miller, Village Clerk
483718-1 22 ORDINANCE NO.2014 - ______
AN ORDINANCE AUTHORIZING THE PURCHASE OF ROCK SALT FROM MORTON SALT, INC. FOR USE WITHIN THE VILLAGE OF WESTCHESTER
WHEREAS, in the opinion of a majority of the corporate authorities of the Village of
Westchester (“Village”), it is advisable, necessary, and in the public interest that the Village purchase rock saltfor use on the roadway during the upcoming winter season; and
WHEREAS, there is currently a State of Illinois (“State”) Joint Purchase Program
(“Program”) through the State’s Department of Central Management Services, which permits
Illinois communities to purchase rock salt through the Program, thereby reducing the Village’s administrative costs for the processing of individual bids; and
WHEREAS, it is estimated that the Village will require approximately Two Thousand
Five Hundred (2,500) tons of rock salt for the upcoming 2014-2015 winter season; and
WHEREAS, after consideration of the State’s Program, a majority of the corporate authorities find it in the Village’s best interest to purchase through the State Program Two
Thousand Five Hundred(2,500) tons of rock salt from Morton Salt, Inc. at the price of One
Hundred Thirty-Four and 94/100th ($134.94) Dollars per ton, to be delivered to the Village.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Westchester, Cook County, Illinois:
Section 1: The competitive bidding requirements of the Village of Westchester
Purchasing and Policies Manual are hereby waived and the purchase, through the State Program, ofTwo Thousand Five Hundred (2,500) tons of rock salt from Morton Salt, Inc. at the price of
One Hundred Thirty-Four and 94/100th ($134.94) Dollars per ton is hereby approved.
Section 2: The Village President is hereby authorized and directed to execute any and all documents necessaryfor the purchase of the rock salt from Morton Salt, Inc.
485038 23 Section 3: This Ordinance shall be in full force and effect upon its passage, approval and publication in accordance with law.
ADOPTED this 23rd day of September, 2014, pursuant to a roll call vote as follows:
Angelo A. Calcagno ______Celestine Reda ______Paul Gattuso ______Nick Steker ______Frank Perry ______Tom Yurkovich ______
President Pulia ______
APPROVED this 23rd day of September, 2014.
______Sam D. Pulia, Village President
ATTEST: ______Sherby J. Miller, Village Clerk
485038 24 RESOLUTION NO. 2014 - ______
A RESOLUTION RATIFYING THE SUBMISSION OF A LETTER TO THE ILLINOIS DEPARTMENT OF FINANCIAL & PROFESSIONAL REGULATION IN SUPPORT OF AN APPLICATION FOR THE OPERATION OF A MEDICAL MARIJUANA DISPENSARY WITHIN THE VILLAGE OF WESTCHESTER
NOW, THEREFORE, BE IT RESOLVED, by the Village President and Board of
Trustees of the Village of Westchester, Cook County, Illinois, as follows:
Section 1: The corporate authorities of the Village of Westchester hereby ratify the submission of a letter, a copy of which is attached hereto as Exhibit “A” and made a part hereof, to the Illinois Department of Financial and Professional Regulation in support of MMRE, LLC’s application for the operation of a medical cannabis dispensary at 10031 W. Roosevelt Road within the Village of Westchester.
Section 2: This Resolution shall be in full force and effect upon its passage and approval in accordance with law.
ADOPTED this 23rd day of September, 2014, pursuant to a roll call vote as follows:
Angelo A. Calcagno ______Celestine Reda ______Paul Gattuso ______Nick Steker ______Frank Perry ______Tom Yurkovich ______
President Pulia ______
APPROVED this 23rd day of September, 2014.
______Sam D. Pulia, Village President
ATTEST:
______Sherby J. Miller, Village Clerk
485367_1 25 EXHIBIT A
485367_1 26 27 28 29 30 31 32 33 34 RESOLUTION NO. 2014 - ______
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM V3 COMPANIES OF ILLINOIS, LTD. FOR CONSTRUCTION ENGINEERING SERVICES FOR MAYFAIR RESERVOIR EXPANSION PROJECT
WHEREAS, the corporate authorities of the Village of Westchester (“Village”) has a satisfactory relationship with V3 Companies of Illinois, Ltd. for engineering services, in accordance with the Local Government Professional Services Selection Act (50 ILCS 510/1 et seq.); and
WHEREAS, the Village has received a proposal from V3 Companies of Illinois, Ltd. for construction engineering services related to the Mayfair Reservoir Expansion Project; and
WHEREAS, the President and Board of Trustees of the Village of Westchester have determined that it is advisable, necessary and in the best interests to authorize the acceptance of the proposal by V3 Companies of Illinois, Ltd. for construction engineering services related to the Mayfair Reservoir Expansion Project, in an amount not to exceed Sixty-Seven Thousand One
Hundred Sixty Dollars ($67,160.00).
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village Westchester, Cook County, Illinois, as follows:
Section 1. The corporate authorities of the Village hereby accept the proposal of V3
Companies of Illinois, Ltd., for construction engineering services for the Mayfair Reservoir
Expansion Project, a copy of which is attached hereto as Exhibit “A” and made a part hereof, for an amount not to exceed $67,160.00.
Section 2. This Resolution shall be in full force and effect from and after its passage and approval as provided by law.
486095 35 ADOPTED this 23rd day of September, 2014, pursuant to a roll call vote as follows:
Angelo A. Calcagno ______Celestine Reda ______Paul Gattuso ______Nick Steker ______Frank Perry ______Tom Yurkovich ______
President Pulia ______
APPROVED this 23rd day of September, 2014.
______Sam D. Pulia, Village President
ATTEST: ______Sherby J. Miller, Village Clerk
486095 36 EXHIBIT “A”
A PROPOSAL FOR CONSTRUCTION ENGINEERING SERVICES BY V3 COMPANIES OF ILLINOIS, LTD. FOR THE MAYFAIR RESERVOIR EXPANSION PROJECT
486095 37
REV September 17, 2014
Ms. Janet Matthys Village Manager Village of Westchester 10300 Roosevelt Road Westchester, IL 60154
Re: Proposal for Construction Engineering Services Mayfair Reservoir Expansion Project Village of Westchester, IL
Dear Janet:
On behalf of V3 Companies, we are pleased to submit this proposal for professional services on the above-referenced project. Upon selection of V3 to perform these services, we will enter into an agreement between the Village of Westchester (CLIENT) and V3 Companies of Illinois, Ltd. (V3) in accordance with your standard contract form.
SCOPE OF SERVICES
The Village of Westchester has requested that V3 provide a proposal for construction engineering services for the Mayfair Reservoir Expansion Project FY14-15-001. Attached is the summary of services which describes the detailed scope and the estimated fees for these services.
FEE SCHEDULE
Below are the fees associated with the scope of services anticipated for this project. It is anticipated that the construction will occur over an eight week period with two weeks of preparation and close out required outside of the construction period. Fee will be billed on a 2.95 Multiplier of actual employee wage directly engaged on the project. Attached is V3’s Statement of Experience and Financial Conditions (SEFC) Audit Letter which we received from
IDOT for 2014, which provides the approved overhead rate.
Not to Task Exhibit Code Exceed 1. Bidding & Negotiation E06 $3,440
2. Construction Oversight E06.1 $58,000
3. Post Construction E06.2 $3,640 4. Reimbursables E06.3 $2,080
TOTAL $67,160 Miscellaneous Exhibits
I. Summary of Services
II. V3 Fee Schedule III. IDOT SEFC Audit Letter & Pre-Qualification List
V3 COMPANIES 7325 JANES AVENUE, WOODRIDGE, IL 6051738 PH: 630.724.9200 F X: 630.724.9202 V3C O.COM VISIO, VERTERE, VIRTUTE … THE VISION TO TRANSFORM WITH EXCELLENCE Ms. Janet Matthys Village of Westchester REV September 17, 2014 Page 2
If Additional Services are required, V3 shall obtain approval from CLIENT, and be paid a fee based on the actual hours expended multiplied by 2.95 multiplier or other negotiated fee.
CLIENT will be invoiced monthly for professional services and reimbursable expenses. The above financial arrangements are on the basis of prompt payment of invoices and the orderly and continuous progress of the Project through construction.
Miscellaneous Contractual Items
V3 will initiate its services promptly upon receipt of CLIENT's acceptance of this proposal.
These fees are valid for the duration of October 1, 2014 through December 31, 2015. If there are protracted delays for reasons beyond V3's control that should extend the contract outside of this construction window, an equitable adjustment of the above-noted compensation shall be negotiated taking into consideration the impact of such delay on the pay scales applicable to the period when V3's services are, in fact, being rendered.
If CLIENT or other interested parties request digital files of design data, V3 shall be indemnified from any claims arising out of the accuracy, misuse or reuse by others of the data delivered in digital form.
We appreciate the opportunity to present this proposal and look forward to working with you on this project.
Sincerely, Accepted For: V3 COMPANIES OF ILLINOIS, LTD. VILLAGE OF WESTCHESTER
By: ______
Gregory V. Wolterstorff, P.E. Title: ______Vice President & Director
GVW/jb Date: ______
Y:\Proposals & SOQ's\Westchester, Village of\2014\Mayfair Reservoir Oversight\Mayfair Expansion Construction Oversight 2014 0917.doc 39 Mayfair Reservoir Expansion Project FY14‐15‐001 V3 Summary of Services REV September 17, 2014
SUMMARY OF SERVICES MAYFAIR RESERVOIR EXPANSION – FY14-15-001 CONSTRUCTION ENGINEERING SERVICES
A. Bidding & Negotiation (Estimated at 2 weeks)
1. Assist Village with Bid Review 2. Provide Bid Selection Recommendation Letter 3. Assist Village with Contract Document Evaluation i. Contact References provided by Apparent Low Bidder ii. Prepare Reference Check Memorandum iii. Obtain MBE/WBE Sub-Contractor Certifications iv. Evaluate MBE/WBE task lists 4. Conduct Pre-Construction Meeting 5. Process and Issue RFI’s and Construction Addendums as Needed 6. Confirm Scope of Work 7. Recommend Final Construction Cost Budget for Owner Approval
B. Construction Phase Services (Estimated at 8 weeks)
1. Project Management i. Administer General Contract ii. V3 Receives and Process Monthly Contractor Pay Application iii. Issue Weekly and Monthly Progress Report to Village and MWRD, to include: digital photos documenting equipment, manpower, means and methods being used on site; weekly digital report emailed to Village and MWRD project managers, as well as monthly summaries accompanying the Contractor Pay Application Request. iv. Track and Update Budget and Schedule v. Review and provide recommendation on Contractor Approach to Work
2. On-Site Management & Administration i. Full-Time Site Supervision for Earthwork related to Storm Water Basin Construction and Restoration ii. Conduct Progress Meetings and Record Minutes iii. SWPP Inspection and Reporting iv. Monitor Soil Conditions v. Issue Field Directives vi. Track Quantities as Needed (Field Measurements) a. Track the number of loads leaving the site and make daily calls to representatives at Chicago Highlands Golf Club to confirm equivalent loads received at disposal site. b. Final volume of material removed from reservoir shall be documented by V3 in post construction as-built survey.
Y:\Proposals & SOQ's\Westchester, Village of\2014\Mayfair Reservoir Oversight\Summary of Services 2014 0917.docx 40 Mayfair Reservoir Expansion Project FY14‐15‐001 V3 Summary of Services REV September 17, 2014
vii. Meet with Chicago Highlands Golf Club representatives in advance of construction start to confirm contractor Work Approach. viii. Coordinate with Chicago Highlands Golf Club during project to confirm contractor conformance with Work Approach. ix. Daily Field Report of Construction Progress (as Required)
C. Post-Construction Services (Estimated at 2 weeks)
1. Complete Final Inspection of Storm Water Basin 2. Prepare Punch List of Outstanding or Insufficient Work Items 3. Punch List Follow-up Inspection 4. Final as-built survey will be performed by V3 with necessary calculations to determine total cubic yards removed and final volume of storage the reservoir will hold 5. Issue Letter of Substantial Completion 6. Issue Final Pay Application
D. Excluded From Contract
1. V3 is not responsible for execution of contract documents on behalf of the Village of Westchester for this project. 2. V3 is not responsible for the Means & Methods of the Contractor in relation to this construction project. 3. V3 is not responsible for Site Safety related to the construction tasks at the site. 4. V3 will only make recommendations to the Village regarding contract tasks which are not in conformance with the plans and specifications for the project. The Village, as the contract holder, must require contractor performance regarding the execution of the contract. 5. V3 will contact the Village regarding any apparent site condition or contractor action that may materially affect the public health and safety, cost of the project, or schedule of the project. 6. This project is anticipated to occur over an eight week construction period with two weeks of preparation and two weeks of close out. This contract and fee is valide between October 1, 2014 and December 31, 2015. If the construction of this project extends beyond the anticipated timeline for this project or exceeds the budgeted duration of the project, V3 will perform additional services for an additional fee that is negotiated with the Village.
Y:\Proposals & SOQ's\Westchester, Village of\2014\Mayfair Reservoir Oversight\Summary of Services 2014 0917.docx 41 V3 FEE SCHEDULE MAYFAIR RESERVOIR EXPANSION PROJECT - FY14-15-001 CONSTRUCTION ENGINEERING & ADMINISTRATION REV SEPTEMBER 17, 2014
Bidding & Negotiation Phase (2 Weeks) Team Member Hours Rate Total
Senior Project Manager 16 $190.00 $3,040.00 Construction Oversight - $120.00 $0.00 Design Engineer 4 $100.00 $400.00
Total - Bidding/Contract Award: $3,440.00
Construction Phase (8 Weeks) Team Member Hours Rate Total
Senior Project Manager 64 $190.00 $12,160.00 Construction Oversight 256 $120.00 $30,720.00 Design Engineer 64 $100.00 $6,400.00 Field Survey Crew 32 $165.00 $5,280.00 Technician 24 $85.00 $2,040.00 Survey Senior Project Manager 8 $175.00 $1,400.00
Total - Construction: $58,000.00
Post Construction Phase (2 Weeks) Team Member Hours Rate Total
Senior Project Manager 4 $190.00 $760.00 Construction Oversight 24 $120.00 $2,880.00 Design Engineer - $100.00 $0.00
Total - Post Construction: $3,640.00
Reimbursables Expenses Unit Rate Total
Vehicle Daily Rate 32 $65.00 $2,080.00 $0.00 $0.00
Total - Post Construction: $2,080.00
BASE CONTRACT TOTAL: $67,160.00
42 August 18, 2014
Subject: PRELIMINARY ENGINEERING Consultant Unit Prequalification File
Lou Gallucci V3 COMPANIES OF ILLINOIS, LTD 7325 Janes Avenue Woodridge, IL 60517
Dear Lou Gallucci,
We have completed our review of your "Statement of Experience and Financial Condition" (SEFC) which you submitted for the fiscal year ending Dec 31, 2013. Your firm's total annual transportation fee capacity will be $41,600,000.
Your firm's payroll burden and fringe expense rate and general and administrative expense rate totaling 165.12% are approved on a provisional basis. The actual rate used in agreement negotiations may be determined by our Office of Quality Compliance and Review in a pre-award audit.
Your firm is required to submit an amended SEFC through the Engineering Prequalification & Agreement System (EPAS) to this office to show any additions or deletions of your licensed professional staff or any other key personnel that would affect your firm's prequalification in a particular category. Changes must be submitted within 15 calendar days of the change and be submitted through the Engineering Prequalification and Agreement System (EPAS).
Your firm is prequalified until December 31, 2014. You will be given an additional six months from this date to submit the applicable portions of the "Statement of Experience and Financial Condition" (SEFC) to remain prequalified.
Sincerely, John Baranzelli Acting Bureau Chief Bureau of Design & Environment
43 SEFC PREQUALIFICATIONS FOR V3 COMPANIES OF ILLINOIS, LTD
CATEGORY STATUS Location Design Studies - Reconstruction/Major Rehabilitation X Hydraulic Reports - Waterways: Typical X Structures - Highway: Simple X Special Studies - Pump Stations X Special Studies - Traffic Studies X Special Studies - Traffic Signals X Special Studies - Safety X Special Services - Construction Inspection X Special Studies - Lighting: Typical A Location Design Studies - New Construction/Major Reconstruction X Special Services - Sanitary X Highways - Freeways X Structures - Highway: Typical X Special Studies - Location Drainage X Environmental Reports - Environmental Assessment X Hydraulic Reports - Pump Stations X Structures - Railroad X Location Design Studies - Rehabilitation X Special Studies - Feasibility X Highways - Roads and Streets X Hydraulic Reports - Waterways: Complex X Special Services - Surveying X
X PREQUALIFIED A NOT PREQUALIFIED, REVIEW THE COMMENTS UNDER CATEGORY VIEW FOR DETAILS IN EPAS. S PREQUALIFIED, BUT WILL NOT ACCEPT STATEMENTS OF INTEREST
44 NOTICE METHOD OF PAYMENT Effective 01-26-11
All future projects, beginning with PTB 159, will utilize the Cost Plus Fixed Fee (CPFF) method of compensation.
CPFF formula: Compensation = DL+DC+OH+FF
Where FF:
For Prime Agreements is: (0.37+ R)DL+%DL
When % is: 1 or 2 sub-consultants = 10% of Direct Labor (DL) of Subs 3 or 4 sub-consultants = 12% of Direct Labor (DL) of Subs 5 or more sub-consultants = 15% of Direct Labor (DL) of Subs
For Sub-Consultants (0.37 + R)DL
Where: R= Complexity Factor: 0, 0.035, or 0.07 DL = Direct Labor DC= Direct Cost OH= Overhead Rate
45
V3 COMPANIES BILLING RATE SCHEDULE
(Rates effective January 1, 2014 through December 31, 2014)
Description Hourly Rate Principal 200.00 Division Director 200.00 Operations Director 175.00 Senior Project Manager 175.00 Superintendent 160.00 Senior Resident Engineer 150.00 Senior Estimator 150.00 Resident Engineer 135.00 Project Manager 135.00 Senior Ecologist 135.00 Project Engineer 110.00 Senior Technician 105.00 Project Surveyor III 105.00 Project Scientist 100.00 Engineer III 100.00 Scientist III 100.00 Technician III 100.00 Engineer I/II 90.00 Scientist I/II 90.00 Project Surveyor I/II 90.00 Field Ecologist 80.00 Technician I/II 75.00 Administration 60.00
Survey Crew* 160.00 *Time is charged portal to portal
46 Y:\Proposals & SOQ's\_ Billing Rates & Terms-Conditions\2014\FINAL_V3 Billing Rates_011614.docx
V3 COMPANIES GENERAL TERMS AND CONDITIONS
1. CLIENT'S RESPONSIBILITIES
CLIENT shall do the following in a timely manner so as not to delay the services of CONSULTANT.
a. Provide all criteria and full information as to CLIENT's requirements for the Project, including design objectives and constraints, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, environmental assessment and impact statements, property, boundary, easement, right-of-way, topographic and utility surveys, property and legal descriptions, zoning, deed and other land use restrictions; all of which CONSULTANT may use and rely upon in performing services under this Agreement. b. Arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this Agreement. c. Give prompt written notice to CONSULTANT whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT's services, or any defect or non-conformance in the work of any Contractor.
2. CONSULTANT'S RESPONSIBILITIES
CONSULTANT will render engineering services in accordance with generally accepted and currently recognized engineering practices and principles. CONSULTANT makes no warranty, either expressed or implied, with respect to its services.
a. Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference, or in any Agreement between the CLIENT and any other party concerning the Project, the CONSULTANT shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or programs of the CLIENT, the construction contractor, other contractors or subcontractors, other than its own activities or own subcontractors in the performance of the work described in this agreement. Nor shall the CONSULTANT be responsible for the acts or omissions of the CLIENT, or for the failure of the CLIENT, any architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the Project documents, this Agreement or any other agreement concerning the Project. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this condition is expressly amended for the purposes described in such amendment and is signed by the CONSULTANT. b. CLIENT reserves the right by written change order or amendment to make changes in requirements, amount of work, or engineering time schedule adjustments, and CONSULTANT and CLIENT shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes. c. The CONSULTANT will be responsible for correctly laying out the design data shown on the contract documents where construction staking services are a part of this Agreement. The CONSULTANT is not responsible for, and CLIENT agrees herewith to hold CONSULTANT harmless from any and all errors which may be contained within the Contract Documents. It is expressly understood that the uncovering of errors in the plans and specifications is not the responsibility of the CONSULTANT and any and all costs associated with such errors shall be borne by others.
3. TERMS OF PAYMENT
CONSULTANT shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred, based upon CONSULTANT's estimate of the proportion of the total services actually completed at the time of billing or based upon actual hours expended during the billing period. CLIENT shall make prompt monthly payments in response to CONSULTANT's monthly statements.
If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty (30) days after receipt of CONSULTANT's statement therefore, the past amounts due CONSULTANT will be increased at the rate of 1.5% per month from said thirtieth day. CONSULTANT may after giving seven days written notice to CLIENT, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges. CONSULTANT shall have no liability whatsoever to CLIENT for any costs or damages as a result of such suspension.
4. SUSPENSION OF SERVICES
CLIENT may, at any time, by written order to CONSULTANT require CONSULTANT to stop all, or any part, of the services required by this Agreement. Upon receipt of such an order CONSULTANT shall immediately comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to the services covered by the order. CLIENT, however, shall pay all costs associated with the suspension.
5. TERMINATION
This Agreement may be terminated by either party upon fourteen (14) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. This Agreement may be terminated by CLIENT, under the same terms, whenever CLIENT shall determine that termination is in its best interests. Cost of termination, including salaries, overhead and fee, incurred by CONSULTANT either before or after the termination date shall be reimbursed by CLIENT.
6. ATTORNEY’S FEES
In the event of any dispute that leads to litigation arising from or related to the services provided under this agreement, the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney’s fees and other related expenses.
7. REUSE OF DOCUMENTS
All documents including but not limited to Reports, Drawings and Specifications prepared or furnished by CONSULTANT (and CONSULTANT's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project and CONSULTANT shall retain an ownership and property interest therein whether or not the Project is completed. CLIENT may make and retain copies for information and reference in connection with the use and occupancy of the Project by CLIENT and others; however, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by CONSULTANT for the specific purpose intended will be at CLIENT's sole risk and without liability or legal exposure to CONSULTANT, or to CONSULTANT's independent professional associates or consultants, and CLIENT shall indemnify and hold harmless CONSULTANT and CONSULTANT's independent professional associates and consultants from all claims, damages, losses and expenses including reasonable attorney's fees and costs of defense arising out of or resulting therefrom. Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by CLIENT and CONSULTANT.
47
8. INSURANCE
Upon CLIENT request the CONSULTANT shall provide the CLIENT with certificates of insurance evidencing all coverages held by the CONSULTANT.
In order that the CLIENT and the CONSULTANT may be fully protected against claims, the CLIENT agrees to secure from all CONTRACTORS and SUBCONTRACTORS working directly or indirectly on the project, prior to the commencement of work of any kind, a separate policy of insurance covering public liability, death and property damage naming the CLIENT and the CONSULTANT and their officers, employees and agents as additional insureds, and that said CONTRACTOR and SUBCONTRACTORS shall maintain such insurance in effect and bear all costs for the same until completion or acceptance of the work. Certificates of said insurance shall be delivered to the CLIENT and to the CONSULTANT as evidence of compliance with this provision. However the lack of acknowledgment and follow-up by CONSULTANT regarding the receipt of said certificates does not waive CLIENT's and CONTRACTOR's obligation to provide said certificates.
9. FACSIMILE TRANSMISSIONS.
The parties agree that each may rely, without investigation, upon the genuineness and authenticity of any document, including any signature or purported signature, transmitted by facsimile machine, without reviewing or requiring receipt of the original document. Each document or signature so transmitted shall be deemed an enforceable original. Upon request, the transmitting party agrees to provide the receiving party with the original document transmitted by facsimile machine; however, the parties agree that the failure of either party to comply with such a request shall in no way affect the genuineness, authenticity or enforceability of the document. Each party waives and relinquishes as a defense to the formation or enforceability of any contract between the parties, or provision thereof the fact that a facsimile transmission was used.
10. CERTIFICATIONS, GUARANTEES AND WARRANTIES
CONSULTANT shall not be required to sign any documents, no matter by whom requested, that would result in the CONSULTANT having to certify, guarantee or warrant the existence of conditions whose existence the CONSULTANT cannot ascertain. CLIENT also agrees not to make resolution of any dispute with CONSULTANT or payment of any amount due to the CONSULTANT in any way contingent upon the CONSULTANT signing any such certification.
11. INDEMNIFICATION
CONSULTANT agrees to the fullest extent permitted by law, to indemnify and hold CLIENT harmless from any loss, cost (including reasonable attorney's fees and costs of defense) or expense for property damage and bodily injury, including death, caused by CONSULTANT's, or its employees’ negligent acts, errors or omissions in the performance of professional services under this Agreement.
CLIENT agrees to the fullest extent permitted by law, to indemnify and hold CONSULTANT harmless from any loss, cost (including reasonable attorney's fees and costs of defense) or expense for property damage and bodily injury, including death, caused solely by CLIENT's, its agents or employees, negligent acts, errors or omissions in the performance of professional services under this Agreement
If the negligence or willful misconduct of both the CONSULTANT and CLIENT (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between CONSULTANT and CLIENT in proportion to their relative degrees of negligence acts, errors or omissions and the right of indemnity shall apply for such proportion.
12. WAIVER OF CONTRACT BREACH
The waiver of one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this Agreement and shall not be construed to be a waiver of any provision, except for the particular instance.
13. LIMITATION OF LIABILITY
CLIENT and CONSULTANT have discussed the risks, rewards, and benefits of the project and the CONSULTANT's total fee for services. Risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, the CONSULTANT's total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes shall not exceed $100,000. Such causes include but are not limited to the CONSULTANT's negligence, errors, omissions, strict liability, or breach of contract.
14. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Illinois.
15. CONSTRUCTION STAKING PROVISIONS
a. The destruction of any point(s) labeled C.P. (control point) without the consent of the CONSULTANT will be charged as a non-contract item, at $300.00 per incident. Control points will be marked, highly visible and identifiable by a "pig-pen" or "triple lath" configuration surrounding each control point. b. CONSULTANT will require a minimum of 48 hours notice for scheduling of survey crews. Once the crew is on site, crew will return for as long as required to finish the requested work. ADDITIONAL WORK given to crew, while crew is on-site, will be performed in a minimum of 48 hours. Scheduled surveying requests shall constitute a minimum of 4 hours of field work. c. It is understood that it is the CLIENT's responsibility to notify the CONSULTANT (in writing) of any and all revisions to the contract documents. Current blueline drawings for the project shall be supplied to CONSULTANT by CLIENT. d. If underground utility lines and/or curb lines are incorrectly constructed, and the CONSULTANT's stakes are claimed to be the source of error, the stakes in question MUST BE IN THE GROUND as set by the CONSULTANT in order that a re-verification of the location of the stakes can be accomplished. e. The CONSULTANT must be notified in writing within 24 hours of any potential staking error by the CLIENT so that the CONSULTANT may assess and verify the cause of the error. No claims shall be made as a result of a staking error against the CONSULTANT without the foregoing notification of the error in writing as specified. f. It is understood that the CONSULTANT will set offset stakes one time only, except as otherwise provided in this Agreement. A loss of a stake or stakes due to construction, vandalism, or an act of god will be replaced as an additional service to this Agreement. If the CONSULTANT is called upon to check or verify stakes that he has placed in the ground, and if it is found that those stakes were located and marked according to plan, the CONSULTANT's services will be considered an additional service to this Agreement. g. It is understood that it is not the responsibility of the CONSULTANT to verify the horizontal and/or vertical alignment of utility structures after they are built. Such services, should they be required by the CLIENT or the CONTRACTOR, will be provided as an additional service to this Agreement. h. CONSULTANT reserves the right to rely on the accuracy of the contract documents and is not responsible for the discovery of any errors or omissions that may exist on the contract documents.
Y:\Proposals & SOQ's\_ Billing Rates & Terms-Conditions\2012\V3 Companies of Illinois Terms & Conditions.doc48 RESOLUTION NO. 2014- ______
A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO COPENHAVER CONSTRUCTION, INC. FOR CONSTRUCTION SERVICES RELATED TO THE MAYFAIR RESERVOIR EXPANSION PROJECT
WHEREAS, it is the opinion of the corporate authorities of the Village of Westchester
(“Village”), that it is advisable, necessary and in the public interest that the Village contract for construction services related to the Mayfair Reservoir Expansion Project (“Project”); and
WHEREAS, the Village advertised for bids for services related to the Project, a bid opening was conducted on September 12, 2014, and the Village has received a recommendation from V3 Companies of Illinois, Ltd. that the lowest responsible bidder for the Project was
Copenhaver Construction, Inc., in the amount of One Million Two Hundred Ten Thousand Four
Hundred Fourteen and 50/100th Dollars ($1,210,414.50); and
WHEREAS, it is the opinion of the corporate authorities of the Village that it is advisable, necessary and in the public interest that the Village award a contract to Copenhaver,
Construction, Inc. (“Contractor”) for construction services related to the performance of the
Project.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Westchester, Cook County, Illinois as follows:
Section 1. The bid submitted by Copenhaver Construction, Inc. for the Project in the amount of $1,210,414.50 is hereby accepted and the contract is hereby awarded to Copenhaver
Construction, Inc. for construction services related to the Project.
Section 2. The Village President is hereby authorized and directed to execute, on behalf of the Village, a contract by and between the Village and the Contractor for the
486113 49 construction services related to the Project, a copy of which is attached hereto as Exhibit “A” and made a part hereof.
Section 3: This Resolution shall be in full force and effect upon its passage and approval in accordance with law.
ADOPTED this 23rd day of September, 2014, pursuant to a roll call vote as follows:
Angelo A. Calcagno ______Celestine Reda ______Paul Gattuso ______Nick Steker ______Frank Perry ______Tom Yurkovich ______
President Pulia ______
APPROVED this 23rd day of September, 2014.
______Sam D. Pulia, Village President
ATTEST:
______Sherby J. Miller, Village Clerk
486113 50 Exhibit A
CONTRACT BETWEEN THE VILLAGE OF WESTCHESTER AND COPENHAVER CONSTRUCTION, INC., FOR CONSTRUCTION SERVICES RELATED TO THE MAYFAIR RESERVOIR EXPANSION PROJECT
486113 51 ORDINANCE NO. 2014 - ______
AN ORDINANCE WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH GNP ENERGY FOR THE REPAIR OF DAMAGED LED STREET LIGHTS
WHEREAS, the corporate authorities of the Village of Westchester (“Village”) may, by a vote of two-thirds of the trustees then holding office, waive the requirement of the Village of
Westchester Purchasing Policies and Procedures Manual to publicly advertise and solicit competitive bids for a purchase in excess of fifteen thousand dollars ($15,000.00); and
WHEREAS, the Village previously entered into a contract with GNP Energy for the purchase and installation of LED street lighting fixtures on October 22, 2013; and
WHEREAS, in the opinion of the corporate authorities of the Village, it is advisable, necessary and in the best interest of the public for the Village to enter into a contract with GNP
Energy for the repair of damaged LED street lights within the Village.
NOW, THEREFORE, BE IT RESOLVED by the Village President and the Board of
Trustees of the Village of Westchester, Cook County, Illinois, as follows:
Section 1: It is hereby determined that competitive bidding requirements for the services related to the repair of damaged LED street lights within the Village are hereby waived and the contract for the repair of damaged lighting, a copy of which is attached hereto as Exhibit
“A” and made a part hereof, is hereby approved and the Village Manager is hereby authorized to execute said contract on behalf of the Village.
Section 2: This Ordinance shall be in full force and effect upon its passage and approval in accordance with law.
486088_1 52 ADOPTED this 23rd day of September, 2014, pursuant to a roll call vote as follows:
Angelo A. Calcagno ______Celestine Reda ______Paul Gattuso ______Nick Steker ______Frank Perry ______Tom Yurkovich ______
President Pulia ______
APPROVED this 23rd day of September, 2014.
______Sam D. Pulia, Village President
ATTEST:
______Sherby J. Miller, Village Clerk
486088_1 53 EXHIBIT “A”
CONTRACT FOR THE REPAIR OF DAMAGED LIGHTING
486088_1 54
©
C o p CONTRACT FOR THE REPAIR ©y OF DAMAGED LIGHTING r Ci og h (the “Sales Contract”) is made on [ p This Contract for The Repairs of Damaged Lighting 9/11/2014], t y r
BETWEEN: GNP Energy (the “Seller”), a corporation organized and existing under the laws iB of the State of Florida, with its head office located at: i T IN HARD COPYT IN HARD OR g hz 1000 N Collier Blvd. Suite14 #110 Marco Island Fl 34145 t t r AND: Village of Westchester (the "Buyer"), a corporation organized and existing Be under the laws of the State of Illinois, with its head office located at: ie
z Village Hall 10300 West Roosevelt Road Westchester, IL 60154 I t rn 1. DESCRIPTION OF Repairs ec e. Seller agrees to repair for buyer the following goods: I2 LED streetlight retrofit kits for city owned streetlights, total _____LED streetlight retrofit kits of various 0 wattages and styles (The “goods”) as set forth. Light fixture counts and types supplied by Buyer. Project n cost includes repair of existing LED retrofit kits, in existing city owned fixtures. c1 1. Repair damaged LED lighting parts small fixtures, if driver only $70. For driver and light engine .0 $450 parts and labor included. . 2. Repair For large LED fixtures if driver only $95. For driver and light engine $599 parts and labor 2 included. 0A 3. All LED fixtures which are in need of repair will have pole base wiring checked and surge 1l protector added at time of repair for $75 each. Parts and labor included. 0l
2. PAYMENT . s reserved. Protected by the copyright laws of the United States and States Canada byUnited the copyright and of the s reserved. laws Protected r Upon Completion. Ai lg Total project cost: On Time and material basis as needed parts and labor as agreed in description lh of work. t rs
3. DELIVERY SCHEDULE i gr Seller shall commence to repair within 1 weeks following receipt of buyer’s signed contract. Subject to the he provisions of Section Five, seller will complete such manufacturing and make the goods available for ts inspection at seller’s location not later than 8 weeks after receipt of deposit. If buyer’s inspection discloses se defects or adjustments, seller shall have a reasonable time to correct such defects and make such r
T IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE,PUBLISH, OFFER TOFOR DISTRIBUTE, PROHIBITED T ISSTRICTLY ILLEGAL AND adjustments as are necessary. Seller shall within [75] days cause the goods to be appropriately packaged rv e Contract for the Manufacture and Sale of Goods Page 1 of 5 sd Inc. 2010. All right© Copyright Biztree SALE,PUBLISH, IT OFFER TOFOR DISTRIBUTE, PROHIBITED ISSTRICTLY treaties. international ILLEGAL AND THIS PARTY, OTHER PRODUC LICENSE ANY OR SUBLICENSE, GIVE TO OR DISCLOSE BEOF LAW. COURT AUTOMATICALLY SUEDDIGITAL ALL IN A OFFENDERS WILL FORM. . 55 e r
vP er and Inc. States Canada byUnited the copyright and of the 2010. All rights laws © reserved. Protected Copyright Biztree I treaties. international COPY THIS IN HARD OR PARTY, OTHER PRODUCT LICENSE ANY OR SUBLICENSE, GIVE TO OR DISCLOSE BEOF LAW. COURT AUTOMATICALLY SUEDDIGITAL ALL IN A OFFENDERS WILL FORM. and shipped to begin installation, or to such other destination specified by buyer. Seller shall pay all expenses of packaging and preparations for shipment, included in project cost.
4. Terms and Conditions
A. The Contract Price includes all necessary installation engineering and layout. All layouts will be performed by the Contractor.
B. The Contractor will cooperate fully with any testing and inspection agency retained by buyer or the Client, including performing any remedial work recommended by any such agency.
C. The Contractor will coordinate and cooperate with the other trades performing work on the Project.
D. The Contractor shall be responsible for all necessary field measurements prior to any required fabrication.
E. Installations shall be produced in a sequence consistent with the progress of the Project and as approved by the buyer. Installation and procedure shall be approved by buyer prior to the start of the Work.
F. The building permit will be provided by others. All other permits, fees and licenses required for the full and complete performance of the Work are to be provided by the buyer.
G. All progress schedules and cost breakdowns required by buyer or the Client will be promptly submitted. Contractor will attend all scheduled Project meetings.
H. The Contractor shall comply with applicable federal, state and local laws and regulations, including those of the Occupational Safety and Health Administration (OSHA) of the Department of Labor.
I. Contractor shall strictly comply with all equal employment opportunity and affirmative action requirements of federal, state and local authorities.
J. Contractor shall maintain clean working conditions in and around all areas of the Project where Contractor is performing Work, and regularly clean-up and properly stockpile and remove off site any debris generated in the performance of the Work. If the Contractor does not maintain clean working conditions, buyer, after notifying the Contractor, may rectify conditions and the cost of same shall be borne by the Contractor.
K. Contractor shall cooperate with buyer and/or other contractors, in connection with the compliance with regulations of OSHA, including, as may be relevant, appealing decisions, performing corrective work on its portion of the work within abatement periods, appealing from or requesting extensions on abatement periods when work has been done by other contractors and furnishing such supporting information or material as may be necessary to fully protect the rights of buyer, the Client, and other contractors on pending or prospective violation orders.
L. Contractor shall provide at all times sufficient manpower to maintain the progress of the Work to the satisfaction of buyer and/or the Client. Labor shortages shall not be accepted as an excuse for not maintaining the progress of the Work. All Work shall be performed by skilled labor experienced in their respective trade, who shall comply with all Project and site safety and security requirements. The Contractor shall remove from the Project any employee deemed by buyer and/or the Client to be incompetent in his trade, or in willful violation of any project safety or security requirements.
Contract for the Manufacture and Sale of Goods Page 2 of 5
56
M. The Contractor shall be responsible for taking all safeguards necessary for electrical and fire prevention.
N. Contractor shall have appropriate personnel attend any scheduled Project safety meetings.
O. Contractor represents and warrants that it has visited the premises and thoroughly familiarized itself with the Facility and the Project.
P. All necessary mock-ups that pertain to the Contractor's Work and that are related to coordinated work of others as indicated in the Contract Documents are included in the Contract Price. The intent of such mock-ups is not limited to but includes finalizing design, dimensions, coordination and quality of the workmanship that is to be continued and expected once said mock-ups have been approved by buyer, and/or the Client.
Q. All shop drawings, product and data submittals are to be submitted promptly after award of the Contract and in strict conformance with the Contract Documents.
R. Submittal for trade payment breakdown is to be submitted promptly for buyer’s approval.
S. Any unit prices or alternates listed in the Contract Documents are all inclusive and are not subject to any added or hidden costs.
T. Contractor represents and warrants that it has carefully reviewed and understands all of the Contract Documents, and can perform the Work in the required time period for the Contract Price.
U. The Contractor shall provide competent supervisory personnel who will be authorized to act on behalf of the Contractor, who shall be present at the Project site at any time Work is being, performed either by the Contractor or any subcontractor, and who shall not be transferred from the Project without the prior consent of the buyer. The Contractor shall remove from the project any supervisory personnel deemed to be incompetent or unacceptable by buyer, or the Client.
V. Any tickets for authorized extra work must be presented for signature to buyer daily and invoiced within thirty (30) days. The signature of an authorized representative of buyer signifies that the work was done and/or verifies time and/or materials expended.
W. In the event that Contract Documents are revised, Contractor must notify buyer in writing of any proposed change to the Contract Price within twenty (20) calendar days from Contractor’s receipt of the revised Contract Documents. If the required notice is not provided within this time period, then Contractor shall be required to perform any additional Work required by the revised Contract Documents with no change in the Contract Price. If the revised contract documents reduce the Contractor’s scope of Work, the Contract Price shall be equitable adjusted by an amount reasonably determined by buyer.
X. Seller will fill out the required documentation for any applicable rebate incentives which are currently available. Buyer will supply any needed documentation, information and signatures which are needed to complete and submit applications in a timely manner.
Contract for the Manufacture and Sale of Goods Page 3 of 5
57
©
C o 5. EXCUSE FOR NONPERFORMANCE p y Seller’s obligations under this agreement are accepted subject to strikes, labor troubles (including strikes r or labor troubles affecting any suppliers of seller), floods, fires, acts of God, accidents, and delays, i shortage of cars, contingencies of transportation and other causes of like or different character beyond the control of seller. Impossibility of performance by reason of any legislative, executive or judicial act of g any governmental authority shall excuse performance of or delay in performance of this agreement. h t
6. WARRANTIES AND LIMITATIONS B i Seller warrants that the goods shall be delivered free of the rightful claim of any third person by way of z patent infringement, and if buyer receives notice of any claim of such infringement, it shall, within [10] days, notify seller of such claim. If buyer fails to forward such notice to seller, it shall be deem to have t released seller from this warranty as to such claim. r
e e
ManufactureAW. warrants the Solstice LED engine for a period of 10 years of purchase date from the manufacture. I Supplied with the Solstice LED is a driver which is warranted for 5 years by the driver manufacturer. GNP Energy will determine any unit defective if one or more of the following occurs. n c Any individual LED or bank of LEDs do not light, . This warranty is conditioned upon proper storage, installation, use and maintenance. Led chips have a sealed lens, broken top lenses on led chip, scuffs or other apparent signs of mishandling 2 may void warranty. Manufacture may repair the damage at an additional cost. Estimate will be 0 given prior to repair. 1 0 This warranty is not applicable to any Solstice Unit which is not installed and operated in accordance with the current edition of The National Electric Code (NEC), the Standards for Safety of Underwriters' . Laboratory, Inc. (UL), the Standards for the American National Standards Institute (ANSI), and with GNP Energy instructions and guidelines. A l This warranty is not applicable to any product subjected to abnormal stresses and operating conditions, l including lighting strikes, power surges, contact with power lines, damage caused by vehicles or acts of nature. GNP Energy shall correct any defects, at Manufacture's option, by either repairing any defective part or parts or by replacing any defective part or parts or by making available a new replacement LED r unit. The conditions of any tests concerning any Solstice Product which is claimed to have not performed i to this warranty shall be mutually agreed upon in writing and GNP Energy shall be notified of, and may be g represented at any such tests. This express limited warranty is extended by Manufacture only to the h original or first end-user purchaser. Warranty claims are to be made in accordance with GNP Energy's published Warranty Service Program. t NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR s PURPOSE SHALL APPLY BEYOND THE AFOREMENTIONED WARRANTY PERIOD. r The foregoing warranty is exclusive of all other statutory, written or oral warranties, and no other e warranties of any kind, statutory or otherwise, are given or herein expressed. This warranty sets forth GNP Energy's responsibilities regarding the Solstice LED unit and claimant's exclusive remedy. s e LIMITATION OF PRODUCT WARRANTY: GNP Energy will not under any circumstances whether as a r
result of breach of contract, breach of warranty, tort, strict liability or otherwise be liable for consequential, v incidental, special or exemplary damages including but not limited to, loss of profits or revenues, loss of
national treaties. ITSTRICTLY TO AND PUBLISH, ISPROHIBITED treaties. DISTRIBUTE, SALE, national ILLEGAL OFFER FOR e d by and Canada and States the United copyright of by the laws Protected Inc. 2010. All rights reserved. © Copyright Biztree inter COPY DIGITAL DISCLOSEOTHER OR HARD PARTY,PRODUCT IN SUBLICENSE, OR TO ANY GIVE THIS LICENSE Contract A BE IN COURT OF L SUED AUTOMATICALLY FORM. ALL OFFENDERS WILL for the Manufacture and Sale of Goods Page 4 of 5 .
58 P r o use of LED unit or any other goods or associated equipment or damage to any associated equipment, cost of capital, cost of substitute products, facilities of services, down time cost, or claims of claimant's customers. GNP Energy's liability on any warranty claim of any kind for any loss or damages arising out of, resulting from or concerning any aspect of this agreement from the product or services furnished hereunder shall not exceed the price of the specific led product which gives rise to the claim. This warranty gives the claimant specific legal rights. The claimant may also have other rights which vary from state to state
. 7. JURISDICTION AND VENUE: This Agreement shall be construed according to and governed by the laws of the State of Illinois and any action, suit or injunction arising out of this Agreement shall be filed and heard in the Eighteenth Judicial Circuit of DuPage County.
8. INDEMNIFICATION: The Seller on behalf of itself, its successor and assigns shall covenant and agree, at its sole cost and expense, to indemnify, defend and hold the Buyer and the Buyer’s former, current and future officials, alderman, officers, employees and assigns, harmless from and against any loss, action, responsibilities, liability, damage, expenses, claims, fines, penalties, injunctions and suits, arising under or relating to any breach of this Agreement, and including, but not limited to, the acts, omissions, or breach of the Contractor arising from the installation of the LED streetlights. Seller shall be jointly and severally liable for any damages, action or suit arising from the acts, omissions, or breach of the Contractor.
9. ENTIRE AGREEMENT
The parties agree that this constitutes the entire agreement and there are no further items or provisions, either oral or otherwise. Buyer agrees that it has not relied upon any representations of seller as to prospective performance of the goods, but has relied upon its own inspection and investigation of the subject matter.
The parties have executed this agreement at THE VILLAGE OF WESTCHESTER the day and year first above written.
SELLER BUYER
9/11/14 Authorized Signature Date Authorized Signature Date
Mark Fiacable VP. Sales Print Name and Title Print Name and Title
Contract for the Manufacture and Sale of Goods Page 5 of 5
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