R-23-41VILLAGE OF DEERFIELD
RESOLUTION NO. 2023- R-23-41
A RESOLUTION APPROVING AN AWARD OF CONTRACT FOR
THE PUMPING STATION PUMP AND FLOOR DOOR REPLACEMENT CONTRACT 1-2023 TO
MAG CONSTRUCTION COMPANY OF HIGHLAND PARK, ILLINOIS
WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in accordance with
Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, on September 7 2023, the Village opened bids for the award of a contract for the Pumping
Station Pump and Floor Door Replacement Contract 1-2023 ("Contract'); and
WHEREAS, Mag Construction Company, of Highland Park, Illinois ("Contractor's, was the lowest
responsible and responsive bidder of the firms that submitted bid packages to the Village for the Contract;
and
WHEREAS, the Mayor and Board of Trustees have determined that entering into the Contract with
Contractor will serve and be in the best interest of the Village and its residents;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as
if fully set forth herein.
SECTION 2: APPROVAL OF CONTRACT. The Contract by and between the Village and
Consultant is hereby approved in form and substance acceptable to the Village Manager and the Village
Attorney.
SECTION 3: AUTHORIZATION TO EXECUTE CONTRACT. The Mayor and the Village Clerk
are hereby authorized and directed to execute and attest, on behalf of the Village, the final Contract upon
receipt by the Village Clerk of at least one original copy of the final Contract executed by Consultant;
provided, however, that if the executed copy of the final Contract is not received by the Village Clerk within
60 days after the effective date of this Resolution, then this authority to execute and attest will, at the option
of the Mayor and Board of Trustees, be null and void.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its
passage and approval according to law.
[SIGNATURE PAGE FOLLOWS]
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: October 2, 2023
APPROVED: October 2, 2023
RESOLUTION NO: R-23-41
Daniel C. Shapiro, Mayor
ATTEST:
Kent et, Vill ge Clerk
SECTION 00.52 00
AGREEMENT
THIS AGREEMENT is by .and between VILLAGE OF DEERFIELD ILLINOIS
(hereinafter called OWNER) and MAG CONSTRUCTION .COMPANY
(hereinafter called CONTRACTOR).
Terms used in this Agreement have the meanings stated in the General Conditions and the
Supplementary Conditions.
OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein, agree as
follows:
Article 1. WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the. Contract Documents,
The Work is.generally described as follows:
PUMPING S TA TION PUMP AND FLOOR DOOR REPLACEMENT PROJECT
Article 2. THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part. is generally described. as follows,
CONTRACT 1-2023
Article 3:. ENGINEER
3.01 OWNER has retained Strand Associates, Inc: ("ENGINEER") to act as OWNER's
representative, `assume all duties and responsibilities of ENGINEER, and. have the rights and.
authority assigned to ENGINEER in the Contract,
M2 The part of the Project that pertains to the Work:has been designed by ENGINEER.
Section 00 52 00-1
1545:04411-2023
Article 4, CONTRACT TI M ES.
4,0.1 Time of the Essence
A. All. time limits for Milestones, if any, Substantial Completion, and: completion and
readiness for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Dates for Substantial Completion and Final Payment.
A. The Work will. be substantially complete on: or before October 8, 2024., and will be.
completed: and ready for final payment in accordance with Paragraph 15.06 of the General.
Conditions on or before. November 6, 2024..
4..03 Liquidated ❑arnages
A. CONTRACTOR and OWNER recognize that time is of the essence as stated in
Paragraph. 4;01 above and that OWNI=R will suffer financial and other losses if the Work is not completed
and Milestones not achieved within the Contract Times, a.s duly modified. The parties also recognize the
delays, expense, and difficulties involved in proving, in a legal or arbitration .proceeding, the actual loss
suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such
proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty):
1. Substantial Completion: CONTRACTOR shall .pay OWNER $2,600 for each. day
that expires after the time (as duly adjusted pursuant to the Contract) specified in
Paragraph 4,02.A above for Substantial Completion until the Work is substantially complete.
This amount is comprised of $600 per day for engineering, construction administration
services, and construction observation services; and $21000 per day for administration, labor,
expenses, and other costs that will be incurred by OWNER.
2. Completion of Remaining: Work:. After. Substantial Completiorf, if CONTRACTOR
shall. neglect, refuse., or fail to complete the remaining Work.within the Contract Time (as duly
adjusted pursuant to the Contract) for completion and readiness for final ;payment,
CONTRACTOR shall pay OWNER $2,600.for each day that expires after su h time until the
Work is completed and ready for final payment. This amount is comprised of $600 per day
for engineering, construction administration services, and construction observation services,
and $2,000 per day for administration, labor, expenses., and other costs that will. be incurred
by OWNER.
3,. Liquidated damages for failing to timely attain Milestones, Substantial. Completion,
and final completion are not additive, and will not be imposed concurrently.
Article 5., CONTRACT PRICE
5.:01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract.
Documents an amount in current funds as follows, subject to adjustment under the Contract:.
NINE HUNDRED SEVENTY THREE THOUSAND SEVEN .HUNDRED THIRTY-SIX DOLLARS
AND 00/100 ($9 73,73 6. 00)
Section 00 52 00=2
1545 044i.1-2023
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit,
The awarded Contract.amount includes the Lump Sum Base Bid plus Bid Alternatives (None),
B. All specific Cash Allowances are included in the Contract Price and have been computed
in accordance with. Paragraph 13,02 of the General Conditions.
Article 6, PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR. shall submit Applications for Payment in accordance with Article 15 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided in the
General Conditions.
6.02 Progress. Payments; Retainage
A. OWNER shall make; progress payments on account of the Contract Price on the basis of
- CONTRACTOR's Applications for Payment as established at. the :preconstruction conference during
performance of the Work as provided in Paragraphs 6.02.A.1 and 6..02.A.2 below. All such payments will
be measured by the.schedule of values established in .Paragraph 2,05.A of the General Conditions (aid
in the case of Unit Price Work based on the number of units completed) or, in the event there is no.
schedule of values, as provided in the General Requirements:
_ . 1. Prior to Substantial Completion, OWNER.will retain an amount equal to 10% of each:
progress payment application until 50% of the Work has .been completed. At 50% completion.,
.further progress payment applications shall be paid in full to CONTRACTOR and no
additional amounts will be, retained. unless ENGINEER certifies to OWNER that the job i.s not
W proceeding satisfactorily. Amounts previously retained shall not be paid to CONTRACTOR
until substantial completion of the Work, At 50% completion of the Work,. or any time
thereafter When the character and progress of the Work is not satisfactory to OWNER on
recommendation of ENGINEER, additional amounts may be retained, but in no event shall
the total retainage.be more than 10% of the value. of the work completed.
2.. Upon .Substantial Completion, OWNER shall pay an amount sufficient to .increase
total payments to CONTRACTOR to 98% of the Work. completed, less. such amounts. as
ENGINEER shall determine in accordance with Paragraph 15.01.C:.5 and 15..01.C..6 of the
General Conditions. and less 100% of ENGINEER's estimate of the value of Work to be
completed or corrected. as.. shown an the. tentative list of items to. be completed or corrected
attached to the certificate of Substantial Completion..
6.03 Final Payment
A. Upon final completion and acceptance. of the Work in accordance with Paragraph 1.5.06
of the General Conditions,. OWNER shall pay the remainder of the Contract Price as recommended
by ENGINEER as.provided in said Paragraph 15.06.
6.04 Consent of Surety
A. OWNER. will not make final. payment unless CONTRACTOR submits written consent of
the surety to such.payment, return, or release.
5ectian 00 52 00-3
1545-04411.2623
Article 7. HIERARCHY
7.0.1 .ln resolving inconsistencies among two or more seotions of the Contract.Documents, precedence
shall be given in the following order:
First:
WRITTEN AMENDMENTS
Second:
CHANGE ORDERS/.FIELD ORDERS/WORK CHANGE DIRECTIVES
Third;
ADDENDA
Fourth:
AGREEMENT
Fifth:
SUPPLEMENTARY CONDITIONS
Sixth:.
GENERAL CONDITIONS
Seventh.:
SPECIFICATIONS
Eighth:
DRAWINGS
For categories that have .the same order of precedence, the: document that includes the latest date. shall
T control. Figure dimensions (nurnerica) on Drawings shall take precedence over dimensions measured
utilizing a scale.
Articie.8. REPRESENTATIONS, CERTIFICATIONS:, AND STIPULATIONS
8.01 CONTRACTOR's Representations
A. In orderto induce OWNER to enter into this Contract, CONTRACTOR makes the following
representations:.
1. CONTRACTOR has examined and carefully studied the Contract Documents,
including. Addenda.
2, CONTRACTOR has visited the Site, conducted a thorough visual examination of
the Site and adjacent areas; and become familiar with the general, local, and Site conditions that
may affect .cost, progress., and performance of the Work.
3. CONTRACTOR is familiar with all Laws and Regulations .that .may affect cost,
progress, and performance of the Work.
4. CONTRACTOR has. carefully studied the reports of explorations and tests of
subsurface conditions at.or adjacent to the Site and the drawings of physical conditions relating
to existing surface or subsurface structures at the Site, if any, that have been identified in the
Supplementary Conditions, with respect.to the Technical Data in such reports and drawings.
5. CONTRACTOR has carefully studied the reports and drawings relating to.
Hazardous Environmental Conditions, if any,. at or :adjacent to the Site that have been identified
in the Supplernentary: Conditions, with respect to Technical Data in such reports. and drawings,
6. CONTRACTOR has considered the information known to CONTRACTOR itself;
information comrnonIy known to contractors doing. business in the. Locality of the Site.;. information
and observations obtained from visits to the Site, the. Contract Documents; and the Technical
Data identified in the Supplementary Conditions or by definition, with .respect to the,effect of such
information, observations, and Technical Data on (a) the cost, progress, and performance of the
Work; (b) the: means, methods, techniques; :sequences, and procedures of construction to :be.
employed by CONTRACTOR; .and (c) CONTRACTOR's safety precautions and programs.
Section 00 52 00=4
1545.044A-2023
7. Based on the information and.ohservations referred to in the preceding paragraph,
CONTRACTOR agrees that no further examinations:, investigations., explorations, tests, studies,
or data are: riecessary for the performance of the Work at the.Contract Price, within the Contract
Times, and, in accordance with the other terms. and conditions of the Contract.
8: CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the Site that relates to the Work as indicated in the Contract Documents.
_. 9. CONTRACTOR has given ENGINEER written notice of all conflicts,. errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the. Contract Documents,
and of discrepancies between Site conditions and the Contract Documents, and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
10, The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the. Work.
1.1.. CONTRACTOR's entry into this Contract constitutes an incontrovertible
representation by CONTRACTOR that without exception all prices in the Agreement are premised
upon performing and furnishing the Work required by the Contract Documents.
$:02 CONTRACTOR's Certifications
A: CONTRACTOR certifies that it has not engaged in corrupt, fraudulent, collusive, or
coercive practices in competing for or in executing the Contract. For the purposes of this
_ Paragraph 8..02:
1: "corrupt practice" means the. offering, giving, receiving., .or soliciting of anything
of Value likely to influence the action of a public official in the bidding process or in the.
Contract execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made
(a) to influence. the bidding process or the execution of the Contract. to the detriment of
OWNER, (b) to: establish Bid or Contract prices at artificial non-competitive Iev.els, or (c) to
deprive OWNER of the benefits of free and open competition.;
3. "collusive practice" means a scheme or arrangement between two or more
Bidders, with or without the knowledge of OWNER, a purpose of which is to establish Bid.
prices at artificial, non-competitive levels; and
4. "coercive:practice" means farming or threatening to harm; directly or indirectly,
persons or their property to influence their participation In the bidding process or affect the
execution of the Contract.
Article 9. CONTRACT DOCUMENTS
9.01 Contents
A, The Contract Documents. consist of theJollowing:
This Agreement. (pages 00 52 00-1. through 00 52 OQ-11 inclusive);
2. Performancce .bond (pages to 00 61. 13.13-1 throt.igh 00 61 1.:3.13 4, inclusive);
Section 00 52 00-5
15 A 5, 04411-2023
I Payment bond (pages 00 61 13.16-1 through 00 61 13.1.6-4, inclusive);
4. Other bonds
a. NA (pages NA to NA inclusive);
b: NA (pages NA to NR inclusive);
c. NA (pages NA to NA inclusive);
5. General Conditions (pages 00. 72 00-1 through 00 72 00-70, inclusive);
6.. Supplementary Conditions (pages 00 7.3 00-1 through 0. 73 00-18, inclusive);
7.. Specif€cations as listed in the table of contents' of the Project Manual;
8.: Drawings —Sheets No., 1 through No..16
inclusive incorporated herein by reference with each sheet bearing the following
general title:
PUMPING STATION PUMP AND FLOOR. DOOR REPLACEMENT PROJECT,
CONTRACT 1-2023, VILLAGE OF DEERFIELD, ILLINOIS
as well as drawings listed in the table of contents that are bound at the. back of these
specifications,
9, Addenda. (NO. 1, DATED SEPTEMBER 5, 2023 }..
1.0. Exhibits to this.Agreement (enumerated as follows:)
a. CONTRACTOR's Bid (pages 00 41. 00-1 to 00 41 00-10);
b. Documentation submitted by CONTRACTOR prior to Notice of Award
c: (NA };
11. The following may be delivered or issued on or after the Effective Date of the.
Contract and are not attached hereto:
a. Notice to Proceed (page. 00 65 00-1, inclusive);
- b. Erosion Control Certification (pages NA to NA, inclusive);
Section 00 5.2.00-6
1545.04411.20.23
c. Work Change Directives (not attached to this Agreement);
d. Change .Order(s) (not attached to this Agreement),
.e. Warranty Bond, if any.
B. The Contract Documents listed.. in Paragraph 9:01.A are attached to this Agreement
(except as expressly noted. otherwise. above),.
C. There are -no. Contract Documents other than those listed zbove-in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented. as provided
in Paragraph 11.01 of the General Conditions.
Article 10. MISCELLANEOUS
10,0.1 Assignment of Contract
A. No assignment by:a party hereto. of any rights under or interests: in the Contract will be.
binding on another party hereto without the written consent of the .party sought to be bound;. and
specifically but. without limitation, monies .that may become due and monies 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 will release or discharge the assignor from any duty or responsibility. under the.
Contract. Documents.
1.0:02 Successors and Assigns
A. OWNER and CONTRACTOR .each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect. of :all covenants, agreements, .and obligations contained in the Contract
Documents,
10.03 Severability
A. Any.provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall
be reformed to replace such stricken provision or part thereof with a valid and enforceable. provision
that comes as close as.possible to expressing the intention of the stricken. provision.
10.04 Nonwaiver
A. No provision of the Contract Documents will be deemed waived by reason of one party
failing to enforce the provision on one or more occasions. Any such waiver must be in writing.
10.0.5 Integration
A.. The parties' entire agreement is contained in the Contract. Documents, and the provisions
of the Contract Documents supersede al] prior discussions or writings between the parties..
Section 00 52 00-7
T 54 5.64411.2023
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract
Documents have been signed or identified by OWNER and CONTRACTOR or identified by ENGINEER
on their behalf.
This Agreement wlII be effective on ZC'hich
is the Effective Date of the Contract).
OWNER VILLAGE OF DEERFIELD, ILL.INOIS _
Signature and Title
ATTEST:
Signature and Title
Address for Giving Notices:
Name: e0y taxi ..,Jr.'
Street: !L5 EL'Af
City, State, zip Code: 4 eeR -zz'
Phone: -TY7 71f -- 7 _q7
Facsimile: "Z4I'7- 3f7-2Y?/
E-mail: -_r4A E5 /E4.fl.ZL.. us
Designated Representative: P.
Section 00 52 00-8
1545 04411.2023
CONTRACTOR MAG CONSTRUCTION COMPANY
ATTEST:
a
nature and Title
Signature and Title
4r
Address for Givinq Notices:
wait Iff r
Name: is="g-rMgC-r10fV
629 Homewood Avenue
Street: Highland Park, IL 60036
City, State, Zip Code: j
Phone: Cf 7 3 71 e3
Facsimile: T '7 9 ? r 7
s '►, c'R �j G� SirvC}, w 17 • G OZ711
E-mail: � (,�'� �'] �'" -�
Designated Representative:c,���
License No.:
(Where applicable)
(If CONTRACTOR is carparation limited liability company, or a partnership, attach evidence of authority
to sign.)
Section 00 52 00-9
1545 04411.2023
INSTRUCTIONS .FOR EXECUTING CONTRACT
The frill name and business address of CONTRACTOR should be inserted and the Agreement should be
- signed.with CONTRACTOR's official signature, Please havethename of the signing party printed under
all signatures to the Agreement.
If CONTRACTOR is operating as a partnership; each partner should sign the Agreement. If the
Agreement is not signed by each partner, there should be attached to the Agreement a duly authenticated
power of attorney evidencing the signer's {signers'} authority to sign such Agreement for and on behalf
of the partnership.
If CONTRACTOR is an individual, :the trade name (if CONTRACTOR is operating .under a trade name)
should be indicated in the Agreement and the Agreement should be signed by such individual, If signed
by other than CONTRACTOR, there should be attached to the Agreement a duly authenticated power of
attorney evidencing the signer's authority to execute: such Agreement for and on. behalf of
CONTRACTOR.
If. CONTRACTOR is operating as a limited liability. company, and it is member -managed, each mernber
should sign the Agreement, or an authorized member should sign. If the LLC is manager -managed, an
authorized manager should sign. If the Agreement is not signed by each member, there should be.
attached to the Agreement a duly authenticated power of attorney evidencing the signer's (signers')
authority to sign such Agreement for and on behalf of the t_LC,
If. CONTRACTOR is a corporation, the Secretary of the corporation should sign the certificate below: If.
the Agreement itself is signed by the Secretary of. the corporation, the certificate below should be
executed by some other officer of the corporation. In lieu of the following certificate, there may be.attached
to the Agreement copies of so much of the. records of the corporation which will show the official character
and authority of the officers signing, duly certified by the Secretary or Assistant Secre?tary to be true.
copies. (]
I 5�'t!'�'i ) 1 Y'0171 certify that I am the _ (2.4i� ° Actor, �w
(PantName) (Title of OfficerrS.igning Certificate)
of the corporation named as CONTRACTOR herein above; that .,Io C, C C-1
(Print Name of Officer Signing Agreement):
who signed theforegoing Agreement. on behalf of CONTRACTOR was then
J �r�s re 17 of said corporation; that said Agreement was duly signed -
`' (Title of Officer Signing Agreement)
for and on. behalf of said Corporation by authority of its governing body, and is within the scope of its
corporate powers.
(Officer Signature)
-" END OF SECTION
Section aQ 52 00-1 a
1545.04411.2023