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R-1401 - 09/23/2014 - BUTLER SCHOOL MUSEUM - Resolutions Supporting Documents ITEM 10.6.3 pF Oq . 704 .o �F COUNTS'` AGENDA ITEM Regular Board of Trustees Meeting of September 23, 2014 SUBJECT: Heritage Center Shutter Replacement Project FROM: Mike Hullihan P.E., Village Engineer BUDGET SOURCE/BUDGET IMPACT: $23,350 from program 421; Capital improvements General Fund RECOMMENDED MOTION: I move that the board waive competitive bidding and award a contract for the Heritage Center Shutter Replacement Project by passing Resolution R-1401, a Resolution Approving and Authorizing the Award and Execution of a Contract Relating to the 2014 Oak Brook Heritage Center Shutter Replacement By and Between the Village of Oak Brook and Restoric,LLC of Chicago,Illinois. Background/History: The Village Staff requested a proposal for replacement of shutters at the Oak Brook Heritage Center pursuant to a request from the Oak Brook Historical Society. The Shutter Project is one of the projects which was substituted for the Heating Ventilation and Air Conditioning (HVAC) Project originally programmed for 2014. The HVAC project was deferred to 2015 due to excessive cost. Restoric was requested as the preferred vendor as they have performed completed several other planning and restoration projects at the center. Restoric, LLC has performed restoration work on several historic buildings in Northern Illinois including the Oak Brook Heritage Center and the Peabody Estate. They are listed as approved restoration contractors by Landmark Illinois. Their work to date on the Heritage Center has been outstanding. The Oak Brook Heritage Center was constructed in 1922. It is listed on the National Register of Historic Buildings. The Recommendation: That the board waive competitive bidding and award a contract for the Heritage Center Shutter Replacement Project by passing Resolution R-1401, a Resolution Approving and Authorizing the Award and Execution of a Contract Relating to the 2014 Oak Brook Heritage Center Shutter Replacement By and Between the Village of Oak Brook and Restoric, LLC of Chicago, Illinois. RESOLUTION 2014-BSLMUSEUM-CNTRCT-R-1401 A RESOLUTION WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE AWARD OF CONTRACT TO RESTORIC, LLC FOR THE 2014 HERITAGE CENTER SHUTTER RESTORATION/REPLACEMENT PROJECT WHEREAS, the Village owns the Oak Brook Heritage Center("Heritage Center"); and WHEREAS, the shutters on the Heritage Center are in need of repair and replacement (collectively, "Restoration Work"); and WHEREAS, Restoric, LLC of Chicago, Illinois ("Restoric") has been performing various restoration projects on the Heritage Center and the Village has been satisfied with Restoric's work; and WHEREAS, the Village desires to enter into an agreement with Restoric for Restoric to provide the Restoration Work, which agreement is attached to this Resolution as Exhibit A ("Agreement"); and WHEREAS, Village staff recommends that the Village waive competitive bidding for the Restoration Work and enter into the Agreement; and WHEREAS, the President and Board of Trustees, being fully advised in the premises, have determined that it is in the best interests of the Village and its residents to waive competitive bidding for the Restoration Work and approve the Agreement; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Waiver of Competitive Bidding Requirements. The advertising and bidding requirements for the Restoration Work shall be, and they are hereby, waived in accordance with Section 1-7-4 of the Village Code of the Village of Oak Brook, Illinois. Section 3: Approval of Agreement. The President and Board of Trustees hereby approve the Agreement with Restoric in substantially the same form as attached as Exhibit A. Section 4: Authorization and Execution of Agreements. The Village President and Village Clerk shall be, and hereby are, authorized to execute the Agreement between the Village and Restoric after receipt of the final Agreement fully executed by Restoric. Section 5: Effective Date. This Resolution shall be in full force upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2014-BSLMUSEUM-CNTRCT-R-1401 Approving Purchase of Restoration Work Page 2 of 3 APPROVED THIS 23rd day of September, 2014. Gopal G. Lalmalani Village President PASSED THIS 23rd day of September, 2014. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Resolution 2014-BSLMUSEUM-CNTRCT-R-1401 Approving Purchase of Restoration Work Page 3 of 3 EXHIBIT A AGREEMENT #32739309_vi VILLAGE OF OAK BROOK CONTRACT FOR SHUTTER REPLACEMENT AND REPAIR Full Name of Contractor Restoric, LLC ("Contractor") Principal Office Address 8 South Michigan Avenue,38th Floor, Chicago, Illinois 60603 Contact Person Telephone Number Contractor warrants and represents that Contractor has consistent with highest standards of professional and carefully examined the Work Site described below and its construction practices, in full compliance with, and as environs and has reviewed and understood all documents required by or pursuant, to this Contract, and with the included, referred to, or mentioned in this bound set of greatest economy, efficiency, and expedition documents, which are securely stapled to the end of this consistent therewith, with only new, undamaged, and Contract. first quality equipment, materials, and supplies. This Contract is by and between the VILLAGE OF OAK B. Performance Standards. Contractor will perform the BROOK, an Illinois municipal corporation ("Owner") and Work in a manner consistent with the standards of professional RESTORIC, LLC, ("Contract"). practice by recognized demolition firms providing work of a similar nature. No provision of any referenced standard, NOW THEREFORE, in consideration of the recitals, mutual specification, manual or code shall change the duties and covenants, and agreements set forth herein and other good responsibilities of Owner or Contractor from those set forth in and valuable consideration,the receipt and sufficiency of which this Contract. Whenever any equipment, materials, or supplies are hereby acknowledged, the parties do hereby mutually are specified or described in this Contract by using the name agree as follows: or other identifying feature of a proprietary product or the name or other identifying feature of a particular manufacturer or 1. Work vendor, the specific item mentioned shall be understood as establishing the type, function, and quality desired. Other A. Contract and Work. Contractor shall, at its sole cost manufacturers' or vendors' products may be accepted, and expense, provide, perform, and complete, in the manner provided that the products proposed are equivalent in specified and described, and upon the terms and conditions substance and function to those named as determined by set forth, in this Contract, all of the following, all of which is Owner in its sole and absolute discretion. herein referred to as the"Work": C. Responsibility for Damage or Loss. Contractor 1. Labor, Equipment, Materials and Supplies. Provide, agrees that Contractor shall be responsible and liable for, and perform, and complete, in the manner specified and shall promptly and without charge to Owner repair or replace, described in this Contract, all necessary work, labor, damage done to, and any loss or injury suffered by, Owner,the services, transportation, equipment, materials, Work,the Work Site, or other property or persons as a result of supplies, information, data, and other means and the Work. items necessary for the replacement and restoration of the shutters at the Oak Brook Heritage Center D. Inspection/Testing/Rejection. Owner shall have the ("Work Site"), which Work is more fully described in right to inspect all or any part of the Work and to reject all or the proposal attached hereto as Exhibit A. any part of the Work that is, in Owner's judgment, defective or damaged or that in any way fails to conform strictly to the 2. Removal of Debris. The removal and proper disposal requirements of this Contract and Owner, without limiting its of all debris from the Work Site; other rights or remedies, may require correction or replacement at Contractor's cost, perform or have performed 3. Permits. Procure and furnish all permits, licenses, all Work necessary to complete or correct all or any part of the and other governmental approvals and authorizations Work that is defective, damaged, or nonconforming and charge necessary in connection therewith; Contractor with any excess cost incurred thereby, or cancel all or any part of any order or this Contract. Work so rejected may 4. Bonds and Insurance. Procure and furnish all bonds be returned or held at Contractor's expense and risk. and all insurance certificates specified in this Contract; 2. Contract Price 5. Taxes. Pay all applicable federal, state, and local Contractor agrees that Contractor shall take in full taxes; payment for all Work and other matters set forth under Section 1 above, including overhead and profit; taxes, contributions, 6. Miscellaneous. Do all other things required of and premiums; and compensation to all subcontractors and Contractor by this Contract;and suppliers,the compensation set forth below. 7. Quality. Provide, perform, and complete all of the A. Schedule of Prices. For providing, performing, and foregoing in a proper and workmanlike manner, completing all Work, an amount not to exceed$25,350.00 -1- in the penal sum of the Contract Price, within 10 days after B. Basis for Determining Prices. It is expressly Owner's acceptance of this Contract. understood and agreed that: B. Insurance. If this Contract is accepted, Contractor 1. All prices stated in the Schedule of Prices are firm proposes and agrees that Contractor shall provide certificates and shall not be subject to escalation or change; of insurance evidencing the minimum insurance coverage and limits set forth in Exhibit B within 10 days after Owner's 2. Owner is not subject to state or local sales, use, and acceptance of this Contract. Such insurance shall be in form, excise taxes, that no such taxes are included in the and from companies, acceptable to Owner and shall name Schedule of Prices, and that all claim or right to claim Owner, including its Board members and elected and any additional compensation by reason of the appointed officials, its officers, employees, agents, attorneys, payment of any such tax is hereby waived and consultants, and representatives, as an Additional Insured.The released; insurance coverage and limits set forth in Exhibit A shall be deemed to be minimum coverage and limits and shall not be 3. All other applicable federal, state, and local taxes of construed in any way as a limitation on Contractor's duty to every kind and nature applicable to the Work are carry adequate insurance or on Contractor's liability for losses included in the Schedule of Prices;and or damages under this Contract. 4. Any items of Work or costs not specifically listed or C. Indemnification. Contractor agrees that Contractor referred in the Schedule of Prices shall be deemed shall indemnify, save harmless, and defend Owner against all incidental to the Contract Price, shall not be damages, liability, claims, losses, and expenses (including measured for payment, and shall not be paid for attorneys' fees) that may arise, or be alleged to have arisen, separately except as incidental to the Contract Price, out of or in connection with Contractor's performance of, or including without limitation extraordinary equipment failure to perform, the Work or any part thereof, or any failure repair, the cost of transportation, packing, cartage, to meet the representations and warranties set forth in Section and containers, the cost of preparing schedules and 6 of this Contract. submittals, the cost or rental of small tools or buildings, the cost of utilities and sanitary D. Penalties. Contractor agrees that Contractor shall be conveniences, the hauling and the disposal of any solely liable for any fines or civil penalties that are imposed by Waste, and any portion of the time of Contractor, its any governmental or quasi-governmental agency or body that superintendents,or its office and engineering staff. may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the C. Time of Payment. It is expressly understood and Work or any part thereof. agreed that all payments shall be made in accordance with the following schedule: 5. Firm Contract Invoice submitted upon completion of the Work. All prices and other terms stated in this Contract are firm and shall not be subject to withdrawal, escalation,or change. All payments may be subject to deduction or setoff by reason of any failure of Contractor to perform under this 6. Contractor's Representations and Warranties Contract. Each payment shall include Contractor's certification of the value of, and partial or final waivers of To induce Owner to accept this Contract, Contractor lien covering, all Work for which payment is then hereby represents and warrants as follows: requested and Contractor's certification that all prior payments have been properly applied to the payment or A. The Work. The Work, and all of its components, (1) reimbursement of the costs with respect to which they shall be of merchantable quality; (2) shall be free from any were paid. latent or patent defects and flaws in workmanship, materials, and design; (3) shall strictly conform to the requirements of this 3. Contract Time Contract, including without limitation the performance standards set forth in Section 1B of this Contract; and (4) shall Contractor proposes and agrees that Contractor shall be fit, sufficient, and suitable for the purposes expressed in, or commence the Work within 14 days after Owner's acceptance reasonably inferred from, this Contract and the warranties of the Contract (the "Commencement Date"). Contractor shall expressed herein shall be in addition to any other warranties have furnished to Owner all bonds and all insurance expressed or implied by law, which are hereby reserved unto certificates specified in this Contract by the Commencement Owner. Contractor, promptly and without charge, shall correct Date. Contractor agrees that Contractor shall perform the any failure to fulfill the above warranty at any time within two Work diligently and continuously and in any event shall years after final payment or such longer period as may be complete the Work as directed by Owner not later than prescribed in the performance standards set forth in Section _180_days after the Commencement Date. 1B of this Contract or by law. The above warranty shall be extended automatically to cover all repaired and replacement 4. Financial Assurance parts and labor provided or performed under such warranty and Contractor's obligation to correct Work shall be extended A. Bonds. Contractor agrees that Contractor shall for a period of two years from the date of such repair or provide a Performance Bond and a Labor and Material replacement. The time period established in this Section 6A Payment Bond, on forms provided by, or otherwise acceptable relates only to the specific obligation of Contractor to correct to, Owner, from a surety company acceptable to Owner, each Work and shall not be construed to establish a period of -2- limitation with respect to other obligations that Contractor has A. Reliance. Owner is relying on all warranties, under this Contract. representations, and statements made by Contractor in this Contract. B. Compliance with Laws. The Work, and all of its components, shall be provided, performed, and completed in B. Acceptance. Contractor shall be bound by each and compliance with, and Contractor agrees to be bound by, all every term, condition, or provision contained in this Contract applicable federal, state, and local laws, orders, rules, and and in Owner's written notification of acceptance in the form regulations, as they may be modified or amended from time to included in this bound set of documents. time, including without limitation the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. and any other prevailing wage C. Remedies. Each of the rights and remedies reserved laws; any statutes requiring preference to laborers of specified to Owner in this Contract shall be cumulative and additional to classes; the Illinois Steel Products Procurement Act, 30 ILCS any other or further remedies provided in law or equity or in 565/1 et seq.; any statutes prohibiting discrimination because this Contract. of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification; and D. Time. Time is of the essence for this Contract and, any statutes regarding safety or the performance of the Work. except where stated otherwise, references in this Contract to days shall be construed to refer to calendar days. C. Prevailing Wage Act. This Contract calls for the construction of a "public work," within the meaning of the E. No Waiver. No examination, inspection, investigation, Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (the test, measurement, review, determination, decision, certificate, "Act"). A copy of Owner's ordinance ascertaining the or approval by Owner, whether before or after Owner's prevailing rate of wages, in effect as of the date of this acceptance of this Contract; nor any information or data Contract, has been attached as an Appendix to this Contract. supplied by Owner, whether before or after Owner's If the Illinois Department of Labor revises the prevailing rate of acceptance of this Contract; nor any order by Owner for the hourly wages to be paid, the revised rate will apply to this payment of money; nor any payment for, or use, possession, Contract. Contractor and any subcontractors rendering or acceptance of, the whole or any part of the Work by Owner; services under this Contract must comply with all requirements nor any extension of time granted by Owner; nor any delay by of the Act, including but not limited to, all wage, notice, and Owner in exercising any right under this Contract; nor any record-keeping duties and certified payrolls. other act or omission of Owner shall constitute or be deemed to be an acceptance of any defective, damaged, or D. Not Barred. Contractor is not barred by law from nonconforming Work, nor operate to waive or otherwise contracting with Owner or with any other unit of state or local diminish the effect of any representation or warranty made by government as a result of(i)a violation of either Section 33E-3 Contractor; or of any requirement or provision of this Contract; or Section 33E-4 of Article 33 of the Criminal Code of 1961, or of any remedy, power, or right of Owner. 720 ILCS 5/33E-1 et seq.; or (ii) a violation of the USA Patriot Act of 2001, 107 Public Law 56(October 26, 2001) (the"Patriot F. Severability. The provisions of this Contract shall be Act") or other statutes, orders, rules, and regulations of the interpreted when possible to sustain their legality and United States government and its various executive enforceability as a whole. In the event any provision of this departments, agencies and offices related to the subject matter Contract shall be held invalid, illegal, or unenforceable by a of the Patriot Act, including, but not limited to, Executive Order court of competent jurisdiction, in whole or in part, neither the 13224 effective September 24, 2001. Contractor is not acting, validity of the remaining part of such provision, nor the validity directly or indirectly, for or on behalf of any person, group, of any other provisions of this Contract shall be in any way entity or nation named by the United States Treasury affected thereby. Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity or G. Exhibits. Exhibit A to this Contract is attached only for nation designated in Presidential Executive Order 13224 as a reference. Contractor acknowledges and agrees that the person who commits, threatens to commit, or supports terms and conditions in Exhibit A shall not control and that this terrorism; and Contractor is not engaged in this transaction Contract is the only agreement between the parties with directly or indirectly on behalf of, or facilitating this transaction respect to the Work. directly or indirectly on behalf of, any such person, group, entity or nation. H. Amendments. No modification, addition, deletion, revision, alteration, or other change to this Contract shall be E. Qualified. Contractor has the requisite experience, effective unless and until such change is reduced to writing ability, capital, facilities, plant, organization, and staff to enable and executed and delivered by Owner and Contractor, except Contractor to perform the Work successfully and promptly and that Owner ha the right, by written order executed by Owner, to to commence and complete the Work within the Contract Price make changes in the Work ("Change Order"). If any Change and Contract Time set forth above. Contractor warrants and Order causes an increase or decrease in the amount of the represents that it has met and will meet all required standards Work, then an equitable adjustment in the Contract Price or set forth in Owner's Responsible Contractor Ordinance M-66- Contract Time may be made. No decrease in the amount of the 11. Work caused by any Change Order shall entitle Contractor to make any claim for damages, anticipated profits, or other 7. Acknowledgements compensation. Contractor acknowledges and agrees that: I. Assignment. Neither this Contract, nor any interest herein, shall be assigned or subcontracted, in whole or in part, by Contractor except upon the prior written consent of Owner. -3- J. Governing Law. This Contract, and the rights of the Illinois. Every provision of law required by law to be inserted parties under this Contract shall be interpreted according to the into this Contract shall be deemed to be inserted herein. internal laws, but not the conflict of law rules, of the State of IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed, effective on September ,2014. ATTEST: VILLAGE OF OAK BROOK, an Illinois municipal corporation By: By: Charlotte Pruss, Village Clerk Village Manager ATTEST: RESTORIC, LLC By: By: Its: -4- EXHIBIT A PROPOSAL -5- EXHIBIT B Insurance Requirements The Consultant shall obtain insurance of the types and in the amounts listed below: The Consultant and all subcontractors of Consultant performing any work pursuant to this Contract shall be required to carry such insurance as specified herein. The Consultant and subcontractors shall procure and maintain for the duration of the Contract insurance with limits no less than: A. General Liability- $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, provided that when the estimated cost of the work in question does not exceed $5,000,the required limit shall be$500,000; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability-Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain,or be endorsed to contain,the following provisions: D. General Liability and Automobile Liability Coverage- 1) The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured; premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village,its officers,officials,employees,volunteers,or agents. 2) The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. 3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials,employees,volunteers or agents. 4) The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the -6- Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete,certified copies of all required insurance policies,at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. #32739169_v1 -7- 4 vu E f 4. �.. RESTORATION CONSULTING r � A N D C O N T R A C T I N G Zee: h T4 AMA 8 S.Michigan Avenue,38th Floor RESTOILIC Chicago,IL 60603 P (312)854-7456 -Viir4eekV V . Fax(312)262-6645 .ii_etn.n� PROPOSAL www.restoric.com s t s T e s" e-mail:restoricllc @earthlink.net OBHC Page No. 1 of 1 Pages PROPOSAL SUBMITTED TO: NAME Michael Hullihan PHONE 1DATE 9/2/2014 STREET 1200 Oak Brook Road JOB NAME Shutter.Restoration&Replacement cart Oak Brook STREET Same STATE IL 60523 clrr Same STATE Same We hereby submit an estimate for. Strip,repair,prime,paint and install historic shutters with new hardware to be secured with"shutter dogs"or other appropriate method as determined by available stock hardware and shutter off-set. Shutters shall be fully operable for future masonry work and maintenance without removing shutters from their openings. All salvageable historic shutters shall be restored;missing shutters and previously poorly constructed replacement shutters shall be replaced with new cedar shutters to match originals. Top edge of shutter shall be coated with marine epoxy prior to painting to extend their service life. NOTES: Not all windows had shutters,the main floor facing Oak Brook Road and all sides of the kindergarten room had shutters for e total of.13 pairs or 26 shutters We hereby propose to furnish labor and materials-complete in accordance with the above specifications,for the sum of $25,350(base bid) with payment to be made as follows: Work shall coomence within fourteen(14)-days receipt of the signed proposal or purchase order. Progress payments shall be submitted as work is completed. Final payment shall be due upon delivery. This proposal is subject to binding arbitration. All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accident,or delays beyond our control. This proposal is subject to acceptance within I days and it is void . •tier at the option of the undersigned Restoric,LLC carries General Liability , eo,p= ation Authorized Signature ,./ 1r, d i ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. Accepted: Signature: Date: Signature: DESIGN 1 SPECIFICATION , PROJECT MANAGEMENT ( CONSTRUCTION