R-1650 - 07/11/2017 - PUBLIC WORKS - Resolutions RESOLUTION 2017-PW-SALT-R-1650
A RESOLUTION APPROVING AND AUTHORIZING THE AWARD
AND EXECUTION OF A CONTRACT FOR THE SALT DOME REPAIR PROJECT
BY AND BETWEEN THE VILLAGE OF OAK BROOK
AND DOME CORPORATION OF NORTH AMERICA
WHEREAS, the Village owns and maintains a salt storage dome at the Public Works facility; and
WHEREAS, after 27 years the manufacturer's pre-fabricated dome panels ("Panels") need to be
replaced; and
WHEREAS, Dome Corporation of North America ("DCNA") built the salt storage dome in 1990
and remain the sole source for replacement of the Panels; and
WHEREAS, Section 1-7-7 of the "Village Code of Oak Brook, Illinois" ("Village Code") provides
that contracts, which by their nature are not adapted to award by competitive bidding or competitive
proposals, such as when an item is only available from a single source, are exempted from competitive
bidding and competitive proposal requirements; and
WHEREAS, the Village 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 authorize the award of a
contract for replacement of the Panels with DCNA for an amount not to exceed $24,680.00;
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: Authorization of Contract for Replacement of the Panels. The President and
Board of Trustees hereby approve the contract for replacement of the Panels in an amount not to exceed
$24,680.00.
Section 3: Approval of Contract. The President and Board of Trustees hereby approve the
contract with DCNA in substantially the same form as attached as Exhibit A ("Contract'), and in a final
form approved by the Village Attorney.
Section 4: Execution of the Contract. The Village Manager and Village Clerk shall be, and
hereby are, authorized to execute the contract between the Village and DCNA after receipt of the final
contract fully executed by DCNA.
Section 5: Effective Date. This Resolution shall be in full force and effect from and after its
passage by two-thirds of the Trustees and its approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2017-PW-SALT-R-1650
Authorizing an award of contract
For the Salt Dome Repair Project
Page 2 of 2
APPROVED THIS 111h day of July, 2017.
Gopal G. Lalmalani
Village President
PASSED THIS 111h day of July, 2017.
Ayes: Trustees Baar, Cuevas Manzo, Saived, Tiesenga
Nays: None
Absent: Trustee Yusuf
ATTEST: `
Charlotte K. Pruss
6 s c • '� Village Clerk
44
•to E
-CIO
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Resolution 2017-PW-SALT-R-1650
Authorizing an award of contract
For the Salt Dome Repair Project
Page 3 of 2
EXHIBIT A
VILLAGE OF OAK BROOK
CONTRACT FOR THE
PUBLIC WORKS SALT DOME REPAIR PROJECT
Full Name of Contractor Dome Corporation of North America ("Contractor')
Principal Office Address 5450 East Street, Saginaw, Michigan 48601
Contact Person Jeromy Estes,Vice President Telephone Number 989-777-2050
Email sales @dome-corp-na.com
TO: Village of Oak Brook("Village)
1200 Oak Brook Road
Oak Brook, Illinois
Attention:Lee Hammer
Contractor warrants and represents that Contractor has
carefully examined the Work Site described below and 5. Miscellaneous. Do all other things required
has reviewed and understood all documents included, of Contractor by this Contract; and
referred to, or mentioned in this bound set of documents,
including Addenda Nos. [NONE] which 6. Quality. Provide, perform, and complete all
are securely stapled to the end of this Contract. of the foregoing in a proper and workmanlike
manner, consistent with the standards of
1. Work recognized professional firms in performing
Work of a similar nature, in full compliance
A. Contract and Work. Contractor acknowledges, with, and as required by or pursuant, to this
and agrees, that Contractor shall, at its sole cost and Contract, and with the greatest economy,
expense, provide, perform, and complete, in the manner efficiency, and expedition consistent
specified and described, and upon the terms and therewith, with only new, undamaged, and
conditions set forth, in this Contract, all of the following, first quality equipment, materials, and
all of which is herein referred to as the "Work": supplies.
1. Labor Equipment Materials and Supplies. B. Performance Standards. Contractor
Provide, perform, and complete, in the acknowledges and agrees that all Work shall be fully
manner specified and described in this provided, performed, and completed in accordance with
Contract, all necessary work, labor, services, the specifications and description of Work attached
transportation, equipment, materials, hereto as Exhibit A.
supplies, information, data, and other means
and items necessary for the Public Works C. Responsibility for Damage or Loss. Contractor
Salt Dome Repair, as is more fully specified proposes, and agrees, that Contractor shall be
in Exhibit A attached hereto, at the Public responsible and liable for, and shall promptly and
Works Building, 3003 Jorie Blvd., Oak without charge to Village repair or replace, any damage
Brook,Illinois 60523 ("Work Site'); done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
2. Permits. Procure and furnish all permits, a result of the Work.
licenses, and other governmental approvals
and authorizations necessary in connection
therewith;
3. Bonds and Insurance. Procure and furnish
all bonds and all insurance certificates and
policies of insurance specified in this
Contract;
4. Taxes. Pay all applicable federal, state, and
localtaxes;
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D. Inspection/Testing/Reiection. Village shall have
the right to inspect all or any part of the Work and to All payments may be subject to deduction or
reject all or any part of the Work that is, in Village's setoff by reason of any failure of Contractor to
judgment, defective or damaged or that in any way fails perform under this Contract. Each payment
to conform strictly to the requirements of this Contract shall include Contractor's certification of the
and the Village, without limiting its other rights or value of, and partial or final waivers of lien
remedies, may require correction or replacement at covering, all Work for which payment is then
Contractor's cost, perform or have performed all Work requested and Contractor's certification that all
necessary to complete or correct all or any part of the prior payments have been properly applied to
Work that is defective, damaged, or nonconforming and the payment or reimbursement of the costs with
charge Contractor with any excess cost incurred thereby, respect to which they were paid.
or cancel all or any part of any order or this Contract.
Work so rejected may be returned or held at Contractor's 3. Contract Time
expense and risk.
Contractor acknowledges and agrees that Contractor
2. Contract Price shall commence the Work within 15 days following the
Village's acceptance of this Contract provided Contractor
Contractor acknowledges and agrees that Contractor shall have furnished to the Village all bonds and all
shall take in full payment for all Work and other matters insurance certificates specified in this Contract
set forth under Section 1 above, including overhead and ("Commencement Data'). Contractor further
profit; taxes, contributions, and premiums; and acknowledges and agrees that Contractor shall perform
compensation to all subcontractors and suppliers, the the Work diligently and continuously and shall complete
compensation set forth below. the Work not later than August 31, 2017. The Village
may modify the Time of Performance at any time upon
A. SCHEDULE OF PRICES 15 days prior written notice to the Contractor. Delays
caused by the Village shall extend the Time of
For providing, performing, and completing all Performance; provided, however, that Contractor shall
Work, the total Contract Price of$24,680.00 be responsible for completion of all Work within the
Time of Performance, notwithstanding any strike or
TOTAL CONTRACT PRICE (in writing): other work stoppage by employees of either Contractor or
of the Village.
Twenty Four Thousand Six Hundred and Eighty
Dollars Only 4. Financial Assurance
B. BASIS FOR DETERMINING PRICES A. Bonds. Contractor acknowledges and agrees
that Contractor shall provide a Performance Bond and a
It is expressly understood and agreed that: Labor and Material Payment Bond, on forms provided
by, or otherwise acceptable to, the Village, from a surety
1. All prices stated in the Schedule of Prices company acceptable to the Village, each in the penal sum
are firm and shall not be subject to of the Contract Price, within 10 days following the
escalation or change; Village's acceptance of this Contract.
2. The Village is not subject to state or local B. Insurance. Contractor acknowledges and agrees
sales, use, and excise taxes, that no such that Contractor shall provide certificates of insurance
taxes are included in the Schedule of Prices, evidencing the minimum insurance coverages and limits
and that all claim or right to claim any set forth in Exhibit B within 10 days following the
additional compensation by reason of the Village's acceptance of this Contract. Such policies shall
payment of any such tax is hereby waived be in form, and from companies, acceptable to the
and released; Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
3. All other applicable federal, state, and local limits and shall not be construed in any way as a
taxes of every kind and nature applicable to limitation on Contractor's duty to carry adequate
the Work are included in the Schedule of insurance or on Contractor's liability for losses or
Prices. damages under this Contract. The minimum insurance
coverages and limits that shall be maintained at all
C. TIME OF PAYMENT times while providing, performing, or completing the
Work are as set forth in Exhibit B.
It is expressly understood and agreed that all
payments shall be made upon completion of the C. Indemnification. Contractor acknowledges and
work and final approval by the Village. agrees that Contractor shall indemnify, save harmless,
and defend the Village against all damages, liability,
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claims, losses, and expenses (including attorneys' fee) C. Not Barred. Contractor is not barred by law
that may arise, or be alleged to have arisen, out of or in from contracting with the Village or with any other unit
connection with Contractor's performance of, or failure to of state or local government as a result of (i) a
perform, the Work or any part thereof, or any failure to delinquency in the payment of any tax administered by
meet the representations and warranties set forth in the Illinois Department of Revenue unless Contractor is
Section 6 of this Contract. contesting, in accordance with the procedures
established by the appropriate Revenue Act, its liability
D. Penalties. Contractor acknowledges and agrees for the tax or the amount of tax, as set forth in 65 ILCS
that Contractor shall be solely liable for any fines or civil 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
penalties that are imposed by any governmental or Section 33E-4 of Article 33 of the Criminal Code of 1961,
quasi-governmental agency or body that may arise, or be 720 ILCS 5/33E-1 et sea.
alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the D. Qualified. Contractor has the requisite
Work or any part thereof. experience, ability, capital, facilities, plant, organization,
and staff to enable Contractor to perform the Work
5. Firm Proposal successfully and promptly and to commence and
complete the Work within the Contract Price and
All prices and other terms stated in this Contract are Contract Time set forth above.
firm and shall not be subject to withdrawal, escalation,
or change. 7. Acknowledgements
6. Contractor's Representations and Warranties In submitting this Contract, Contractor
acknowledges and agrees that:
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows: A. Reliance. The Village is relying on all
warranties, representations, and statements made by
A. The Work. The Work, and all of its components, Contractor in this Contract.
shall strictly conform to the requirements of this
Contract, including, without limitation, the performance B. Acceptance. If this Contract is accepted,
standards set forth in Subsection 1B of this Contract; Contractor shall be bound by each and every term,
and shall be fit, sufficient, and suitable for the purposes condition, or provision contained in this Contract.
expressed in, or reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition D. Remedies. Each of the rights and remedies
to any other warranties expressed or implied by law, reserved to the Village in this Contract shall be
which are hereby reserved unto the Village. cumulative and additional to any other or further
remedies provided in law or equity or in this Contract.
B. Compliance with Laws. The Work, and all of its
components, shall be provided, performed, and completed E. Time. Time is of the essence in the performance
in compliance with, and Contractor agrees to be bound of all terms and provisions of this Contract and, except
by, all applicable federal, state, and local laws, orders, where stated otherwise references in this Contract to
rules, and regulations, as they may be modified or days shall be construed to refer to calendar days and
amended from time to time, including without limitation time.
the Prevailing Wage Act, 820 ILCS 130/0.01 et seg. (in
furtherance of which, a copy of Village's ordinance F. No Waiver. No examination, inspection,
ascertaining the prevailing rate of wages, in effect as of investigation, test, measurement, review, determination,
the date of this Contract, has been attached as an decision, certificate, or approval by the Village, whether
Appendix to this Contract; if the Illinois Department of before or after the Village's acceptance of this Contract;
Labor revises the prevailing rate of hourly wages to be nor any information or data supplied by the Village,
paid, the revised rate shall apply to this Contract); any whether before or after the Village's acceptance of this
other prevailing wage laws; any statutes requiring Contract; nor any order by the Village for the payment of
preference to laborers of specified classes; any statutes money; nor any payment for, or use, possession, or
prohibiting discrimination because of, or requiring acceptance of, the whole or any part of the Work by the
affirmative action based on, race, creed, color, national Village; nor any extension of time granted by the Village;
origin, age, sex, or other prohibited classification; and nor any delay by the Village in exercising any right
any statutes regarding safety or the performance of the under this Contract; nor any other act or omission of the
Work. Further, Contractor shall have a written sexual Village shall constitute or be deemed to be an acceptance
harassment policy in compliance with Section 2.105 of of any defective, damaged, or nonconforming Work, nor
the Illinois Human Rights Act during the course of the operate to waive or otherwise diminish the effect of any
work. representation or warranty made by Contractor; or of
any requirement or provision of this Contract; or of any
remedy, power, or right of the Village.
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wages required by the Prevailing Wage Act; and (3)
G. Severability. It is hereby expressed to be the Contractor or subcontractor is aware that filing a
intent of the parties to this Contract that should any certified payroll that he or she knows to be false is a
provision, covenant, agreement, or portion of this Class B misdemeanor. A general contractor may rely
Contract or its application to any Person or property be upon the certification of a lower tier subcontractor,
held invalid by a court of competent jurisdiction, the provided that the general contractor does not knowingly
remaining provisions of this Contract and the validity, rely upon a subcontractor's false certification. Upon two
enforceability, and application to any Person or property business days' notice, Contractor and each subcontractor
shall not be impaired thereby, but the remaining shall make available for inspection the records required
provisions shall be interpreted, applied, and enforced so to be made and kept by the Act: (i) to the Village, its
as to achieve, as near as may be, the purpose and intent officers and agents, and to the Director of the Illinois
of this Contract to the greatest extent permitted by Department of Labor and his or hers deputies and
applicable law. agents; and (ii) at all reasonable hours at a location
within this State.
H. Amendments and Modifications. No amendment
or modification to this Contract shall be effective until it L. Conflicts of Interest. Contractor represents and
is reduced to writing and approved and executed by the certifies that, to the best of its knowledge, (1) no elected
corporate authorities of the parties in accordance with all or appointed Village official, employee or agent has a
applicable statutory procedures. personal financial interest in the business of the
Contractor or in this Agreement, or has personally
I. Assignment. Neither this Contract, nor any received payment or other consideration for this
interest herein, shall be assigned or subcontracted, in Agreement; (2) as of the date of this Agreement, neither
whole or in part, by Contractor except upon the prior Contractor nor any person employed or associated with
written consent of the Village. Contractor has any interest that would conflict in any
manner or degree with the performance of the
J. Governing Law; Venue. This Contract shall be obligations under this Agreement; and (3) neither
governed by, construed and enforced in accordance with Contractor nor any person employed by or associated
the internal laws, but not the conflicts of laws rules, of with Contractor shall at any time during the term of this
the State of Illinois. Venue for any action arising out of Agreement obtain or acquire any interest that would
or due to this Contract shall be in the Circuit Court for conflict in any manner or degree with the performance of
DuPage County, Illinois. the obligations under this Agreement.
K. Certified Payrolls. Contractor shall, in M. Exhibits. If any conflict exists between this
accordance with Section 5 of the Illinois Prevailing Wage Contract and any exhibit attached hereto, the terms of
Act, 820 ILCS 130/5, submit to the Village, on a monthly this Contract shall prevail. Any conflict that exists
basis, a certified payroll. The certified payroll shall between Exhibit A and Exhibit B, the terms of Exhibit B
consist of a complete copy of those records required to be shall prevail.
made and kept by the Prevailing Wage Act. The certified
payroll shall be accompanied by a statement signed by
the Contractor or subcontractor which certifies that: (1)
such records are true and accurate; (2) the hourly rate
paid is not less than the general prevailing rate of hourly
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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed, effective on
2017.
ATTEST: VILLAGE OF OAK BROOK, an Illinois
municipal corporation
n LL
Charlotte Pruss,Village Clerk Ric arAF.Ginex,Village Maaa er
ATTEST: DOME CORPORATION OF NORTH AMERICA
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By�� IIs. �C.e e .` h�
( zr-es�- Rkk�� c�jec�.z�-ary
5
EXHIBIT A
(PROPOSAL DATED MARCH23, 2017)
6
DOME CORPORATION OF NORTH AMERICA
March 23, 2107
Lee Hammer
Village of Oak Brook
lhammer(dr,oak-brook.org
630.369.8302
Re: Salt dame repairs
Dear Lee,
I am writing this letter to address this issue of repairing one of your Dome Corp. of North
America style domes. Our dome panels are pre-fabricated in our shop in Saginaw, Michigan.
Each panel is cut to our exact specifications for our dome system. These are not interchangeable
with other manufacturer's designs. Nor do other companies fabricate our dame panels.
Our dome panels are made with compound angles and are designed to work as a stress-skinned
panel. Which basically means that the panels are all desitmed to work together as an integrated
unit. Thus. when repairs are being completed, it is very important that as a panel is removed, it
is replaced quickly as to not minimize the structural integrity of the entire dome.
In addition to the panels themselves,the installation is also very important. Our in-house crews
are trained extensively in dome erecting and repairing. We do not sell panels "off the shelf"to
contractors who are not trained with our product. As these panels are designed to work as an
integrated unit it is imperative to have the work completed by qualified professionals.
If you have any questions,please feel free to contact me at 989-777-2050. Thank you.
Sincerely,
Jeromy Estes, Vice President
Dome Corp. of North America
5450 EAST STREET, SAGINAW, MI 48601
989-777-2050 FAX 989-777-3477
� _w w doine-c,,.,...,,,orp_na coni,e-mail: sales(i dome-co .-na.com
l
DOME CORPORATION OF NORTH AMERICA
Lee Hammer
Village of Oak Brook
3003 Jorie Blvd.
Oakbrook, IL 60523
630-368-5278
lhammerC oak-brook.org
Re: Proposal for necessary salt dome repairs.
Mr. Hammer,
Thank you for the opportunity to present this proposal for the repair work that is needed for your existing salt dome.
Overall your dome is in decent shape. However,there are locations that need immediate repair or else you risk
severely compromising the structural integrity of the dome,and thus the safety of being in the building as well. If
left unaffected,the scope of restoration needed will grow significantly. Listed below please find a scope of work
and pricing for your consideration.
Scope of Work:
Repair left hand side entrance truss that is damaged.
Repair damaged panels near top of dome entrance.
Remove and replace(2)-#7, 8 panels.
Reshingle new panels to match existing shingles.
Repair misc.plywood around dome as needed.
Supply all material,labor and equipment as needed to complete repairs.
Price:$24,680,00
Assumptions: Dumpsters by owner. Price does not include taxes. Tax exemption certificate to be provided to
contractor upon request.
Thank you for your consideration. Upon your review please feel free to contact me at 989-777-2050 with any
questions you may have.
Sincerely,
Jeromy Estes,Vice President
Dome Corp.of North America
5450 EAST STREET, SAGINAW, MI 48601
989-777-2050 FAX 989-777-3477
www,dome- -na.")m, e-mail: sal sO),dome-co na.com
....................
EXHIBIT B
(INSURANCE R E Q UI R EMEN T S)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not
commence work until it provides and receives acceptance of insurance certificates from the Village as required by this
exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working
under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of
Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such
contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the performance of the work
under the contract or permit, either by the contractor, permittee, or their agents, representatives, employees or
subcontractors.
A contractor or permittee shall maintain 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;
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-
Q)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.
WThe 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
7
to the 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.
8
= REVIEW OF CONTRACTS
A e of Contract:
r r
D rtment: Program/Account N ber:
— Y4Z
Akyvardeef Contract Price: Budgeted Amount:
Q Under $20,000 Q $500,001 - $1,000,000
$20,000 - $500,000 Q Over $1,000,000
Name:
Date:
Name: Date:(,,,,,
Name: �. Date: (� — -
Name: Date: I' ,
Three (3) Originals signed by other party Date/Initials
IV
Original provided to staff member for other party Date/Initials 1 1 7 kS,*-17
Original provided to Official Files Date/Initialsl0
Village of Oak Brook I Approved by Board of Trustees- Date/Initials: