Agenda Item R-5 Recommendation to Authorize a Contract for the Purchase of between the FPDDC and Du-Kane Asphalt Co. Department Field Operations Grounds Management Meeting Date June 14, 2016 Staff Recommendation Authorize contracts with multiple vendors for the supply of certain Planning Background The District purchases bituminous paving materials for various construction projects including road resurfacing, patching, crack sealing, seal coating, and asphalt trail maintenance. The proximity between the vendor and project site locations directly impacts the time, labor and public impact associated with the project. Bids for the supply of bituminous paving materials were recently solicited by the County of DuPage in concert with the needs of the FPDDC. District staff in concert with the County of DuPage formulated a public, competitive unit price bid to lock in unit prices for bituminous paving materials for a one year term, subject to three additional twelve month renewal periods. Four bidders responded. Rationale It is advantageous to the District to award multiple contracts due to the unit price, location, drive time and availability of the material as it relates to the District projects. Cost Quantities will be ordered based on need, from the location most advantageous to the project. Funding Source Budgeted In: FY 15/16 General Fund Grounds Maintenance Public Impact The combination of bid pricing and reduced hauling costs will benefit the public by the overall reduction in funding spent on the bituminous materials needed to complete District maintenance projects. Attachments Resolution & Contract #16-181
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RESOLUTION NO. 16-181 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF BITUMINOUS PAVING MATERIALS BETWEEN THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY AND DU-KANE ASPHALT COMPANY. This is a Resolution authorizing the execution of a contract between the FOREST PRESERVE DISTRICT OF DUPAGE COUNTY, ILLINOIS, hereinafter called District, and DU- KANE ASPHALT COMPANY, hereinafter called Contractor. WHEREAS, the District has determined that it is reasonable, necessary and desirable to purchase HMA Surface Course (Mix D, N70), HMA Surface Course (Mix D, N50), HMA Binder Course (IL-19, N 70), HMA Binder Course (IL-19, N 50), Polymerized Surface Course (Mix E, N70), SS-1 Asphalt Emulsion, Dumping of Asphalt Grindings and Clean Concrete, and Dumping of Broken Asphalt as specified by the County of DuPage Invitation to Bid #16-056-GV, issued on February 19, 2016, for, of which the District is a party to (herein collectively referred to as the Specifications and Bid Proposal ); and WHEREAS, pursuant to Article VII, Section 10 of the 1970 Illinois Constitution and the Intergovernmental Cooperation Act (5ILCS 220/1 et seq.), units of local government may contract to share services or perform any activity authorized by law; and WHEREAS, the District has determined that it is reasonable, necessary and desirable to base the purchase of said materials on the material cost, distance and travel time from job site, as well as material availability; and WHEREAS, the Contractor has agreed to provide HMA Surface Course (Mix D, N70), HMA Surface Course (Mix D, N50), HMA Binder Course (IL-19, N 70), HMA Binder Course (IL- 19, N 50), Polymerized Surface Course (Mix E, N70), SS-1 Asphalt Emulsion, Dumping of Asphalt Grindings and Clean Concrete, and Dumping of Broken Asphalt as specified by the County of DuPage Invitation to Bid #16-056-GV, per the conditions and requirements specified by the District; and NOW, THEREFORE, BE IT RESOLVED by the President and Board of Commissioners of the Forest Preserve District of DuPage County, Illinois, as follows: Section 1: The recitals set forth above are incorporated herein and made a part of. Section 2: The Board of Commissioners has determined that it is reasonable, necessary and desirable to base the purchase of said materials on the material cost, distance and travel time from job site, as well as material availability. Section 3: The President is hereby authorized and directed to execute on behalf of the District, and the Secretary is hereby authorized to attest thereto a contract between the District and the Contractor entitled, A Contract for the Purchase of Bituminous Asphalt Materials between the Forest Preserve District of DuPage County and Du-Kane Asphalt Company, which is attached hereto and made a part hereof as Exhibit 1. Section 4: The President, Secretary of the Commission, Executive Director, Director of 1
Administration & Finance, the Attorney for the District and the Manager of Grounds Maintenance are hereby authorized to take such action as may be necessary to carry out the terms of said Contract. Section 5: The Treasurer of the District is hereby authorized to issue a check, draft or wire transfer for payment to Contractor upon written notification by the Manager of Grounds Maintenance of purchase of the material covered by this agreement. Section 6: The Secretary of the Commission is hereby authorized and directed to transmit a copy of this Resolution to the District s Executive Director, Director of the Office of Finance, the Manager of Grounds Maintenance and to DU-KANE ASPHALT COMPANY, 555 S. Rohwling Rd., Addison, IL, 60101. PASSED AND APPROVED by the President and Board of Commissioners of the FOREST PRESERVE DISTRICT OF DUPAGE COUNTY, ILLINOIS on this 21 st day of June, 2016. APPROVED: President ATTEST: Secretary 2
CONTRACT NO. 16-181 Exhibit 1 A CONTRACT FOR THE PURCHASE OF BITUMINOUS PAVING MATERIALS BETWEEN THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY AND DU-KANE ASPHALT COMPANY. In accordance with A Resolution Authorizing the Execution of a Contract for the Purchase of Between the FOREST PRESERVE DISTRICT OF DUPAGE COUNTY and DU-KANE ASPHALT COMPANY, passed by the Forest Preserve District of DuPage County s Commission on June 21, 2016, this is a Contract for the supply of HMA Surface Course (Mix D, N70), HMA Surface Course (Mix D, N50), HMA Binder Course (IL-19, N70), HMA Binder Course (IL-19, N50), Polymerized Surface Course (Mix E, N70), SS-1 Asphalt Emulsion, Dumping of Asphalt Grindings and Clean Concrete, and Dumping of Broken Asphalt as specified by the County of DuPage Invitation to Bid #16-056-GV between the FOREST PRESERVE DISTRICT OF DUPAGE COUNTY, ILLINOIS, hereinafter called District, and DU-KANE ASPHALT COMPANY, hereinafter called Contractor. In consideration of the mutual promises, terms and conditions hereinafter set forth, the parties agree as follows: 1. Contractor agrees to sell HMA Surface Course (Mix D, N70), HMA Surface Course (Mix D, N50), HMA Binder Course (IL-19, N70), HMA Binder Course (IL-19, N50), Polymerized Surface Course (Mix E, N70), SS-1 Asphalt Emulsion, Dumping of Asphalt Grindings and Clean Concrete, and Dumping of Broken Asphalt as specified by the County of DuPage Invitation to Bid #16-056-GV, issued on February 19, 2016, for Bituminous Paving Materials, and its bid which by reference is made a part of this contract. 2. Invitation to Bid #16-056-GV, issued on February 19, 2016 for Bituminous Paving Materials, Project Information, is hereby amended to provide that the District is a body politic and corporate that shall make independent determinations regarding agreements with bid respondents. 3. The District, as compensation, agrees to pay: MATERIAL CONTRACTOR'S LOCATION COST HMA SURFACE COURSE, $53.00 PER TON MIX D, N70 HMA SURFACE COURSE, $51.00 PER TON MIX D, N50 HMA BINDER COURSE, IL- $48.00 PER TON 19, N50 HMA BINDER COURSE, IL- $49.00 PER TON 19, N70 POLYMERIZED SURFACE $70.00 PER TON COURSE, MIX E, N70 SS-1 ASPHALT EMULSION $42.00 PER 5 GALLON PAIL 1 Contract No. 16-181
DUMPING OF ASPHALT GRINDINGS AND CLEAN CONCRETE DUMPING OF BROKEN ASPHALT $5.00 PER TON $5.00 PER TON Exhibit 1 Payments will be made according to the District s Accounts Payable Payment Schedule attached hereto as Exhibit A and made a part hereof. The contract shall be in effect from date of award through March 31, 2017 subject to up to three (3) additional twelve (12) month renewal periods provided there is no change in the terms, conditions, specifications, and prices and provided that such renewals are mutually agreed to by the District and Contractor. 4. Contractor certifies that it is not barred from contracting with any unit of state or local government as a result of a violation of either Section 33E-3 or 33E-4 of Article 33E of the Criminal Code of 1961. 5. Contractor shall defend, save, keep and hold harmless the District, its elected officials, officers, employees, agents, engineers and consultants, from any and all claims, liabilities, causes of action, losses and damages that may at any time arise or be claimed by any person or entity, including the officers, employees and agents of Contractor or its subcontractors, or the elected officials, officers, employees, agents, engineers and consultants of the District, as a result of bodily injury, sickness, disease, death or property damage allegedly arising out of or any manner connected with, directly or indirectly, the Work to be performed under this Contract, whether performed by Contractor, its employees, agents or subcontractors, when such bodily injury, sickness, disease, death or property damage is allegedly caused by an act or omission to act on the part of Contractor, its employees, agents or subcontractors, that constitutes, without limitation, negligence or intentional infliction of harm. In the event any person obtains a judgment or settlement against the District or any of its elected officials, officers, employees, agents, engineers or consultants by reason of any of the aforementioned acts or omissions on the part of Contractor or its employees, agents or subcontractors, Contractor shall indemnify the District in the amount of said judgment or settlement and for all costs and expenses related thereto that may be incurred by the District, including, without limitation, reasonable attorney and expert witness fees. Nothing in this Section shall preclude the District or its elected officials, officers, employees, agents, engineers or consultants from electing to defend any claim or cause of action through the use of their own attorneys and experts, provided that written notice thereof is promptly served upon Contractor. In such case, Contractor shall, in addition to providing indemnification for any settlement or judgment as set forth above, pay all costs and expenses incurred in the defense of the claim or cause of action, including, without limitation, reasonable attorney and expert witness fees. Contractor s obligation to defend, hold harmless and indemnify the District as set forth in this Section shall survive the expiration or termination of the Contract. 2 Contract No. 16-181
Exhibit 1 6. Contractor agrees to furnish all records related to this agreement and any documentation related to the Forest Preserve District of DuPage County required under an Illinois Freedom of Information Act (FOIA) request within five (5) business days after the District issues notice of such request to Contractor. (5 ILCS 140/1 et. seq.) Contractor agrees to not apply any costs or charge any fees to the District regarding the procurement of records required pursuant to a FOIA request. 7. The provisions set forth herein represent the entire agreement between the parties and may not be modified in any respect unless the modification is in writing and duly approved by both parties. IN WITNESS WHEREOF, the parties have hereunto executed this Contract on or after the 21 st day of June, 2016. DISTRICT CONTRACTOR FOREST PRESERVE DISTRICT DU-KANE ASPHALT COMPANY. OF DUPAGE COUNTY 555 S. ROHWLING RD. P.O. BOX 5000 ADDISON, IL, 60101 WHEATON, IL 60189-5000 (630) 629-4920 (630) 933-7200 BY: President BY: TITLE: ATTEST: ATTEST: Secretary TITLE: 3 Contract No. 16-181
Exhibit 1 4 Contract No. 16-181