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HomeMy WebLinkAbout01/10/2023 Motion to accept bid for 2023 Debris Hauling and Aggregate Delivery in an amount not to exceed $267,000.Mr�GauC �'d'+rt;�iect Subject Motion to accept bid for 2023 Debris Hauling and Aggregate Delivery in an amountnot to exceed $267,000. Meeting January 10, 2023 - SPECIAL MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact true Dollar Amount $267,000.00 Budget Source General Fund and Water & Sewer Enterprise Funds Category VILLAGE MANAGERS REPORT Type Action Item The proposed contract provides for the transportation and disposal of spoils generated in the course of routine Public Works operations. It also includes procurement and delivery of aggregate material used in everyday work. The scope of work includes delivery of CA -6 crushed aggregate stone, FA -2 torpedo sand; 3/4 - inch diameter wash stone, pulverized top soil and cartage of spoil material in 21 - ton dump trucks. Staff has determined that the municipal partnering initiative (MPI) joint bid for debris hauling and aggregate material delivery provides the most competitive and cost effective means to procure these services. MPI is a regional collective of municipalities that jointly procure a range of commodities, services and projects to better leverage economies of scale. The MPI Bid includes $1,462,568.50 of debris hauling and aggregate material delivery work. The Village of Mount Prospect is administering this bid and the Villages of Glenview, Kenilworth, Lincolnshire, Niles, Winnetka and the Cities of Evanston and Highland Park are participants. This contract is for three (3) years and may be extended for up to two one (1) year extensions beyond the termination date by mutual, written agreement between the Village and the Contractor. 1 Participation in the MPI joint bid satisfies the Village's public bidding requirements. Bid is A notice to bidders was posted on Demandstar by Onvia website on December 5, 2022. Sealed bids were received on December 19, 2022. Two (2) contractors submitted bids for this project. The Village of Mount Prospect's portion of the bids ranged from a low of $267,000 from G & L Contractors to $502,000 from The Sivi Group. The results are indicated in the table below. Prices shown are only for anticipated Mount Prospect quantities. Both bidders submitted a bid bond in the amount of 10% of the total bid as required in the bid proposal. The bids were checked for accuracy and both bidders correctly singed their bid and bid bonds. Below is a summary of bids. Bidder G & L Contractors, Inc. Skokie, IL Sivi Group, LLC. Elgin, IL Total Bid $267,000 $502,000 Based on the bid review, G & L Contractors of Skokie, Illinois is a responsible bidder that meets all of the bid qualifications and requirements. G & L Contractors has previously held the MPI debris hauling and aggregate contract. All of the participating MPI communities found the firm's work acceptable. All reference checks indicate the company has consistently performed work of this scale and scope with acceptable results. These bid results represent a 19% increase for material delivery and a 7% increase for debris hauling when compared to 2021 prices. Alternatives 1. Accept lowest cost responsive bid for Debris Hauling and Aggregate Delivery by G & L Contractors of Skokie, Illinois in the amount not to exceed $267,000. 2. Action at discretion of Village Board. 2 Staff recommends accepting the results of the Municipal Partnering Initiative joint bid for Debris Hauling and Aggregate Delivery and award a three (3) year contract with two (2) annual extensions to G & L Contractors, Inc. of Skokie, Illinois in an amount not to exceed $267,000. Expenditures in subsequent years will be at the contract rates, but limited to funds appropriated in future budgets. ATTACHMENTS: Debris Hauling and Aggregate Material Del ivery_2023.pdf.pdf G_and_L_Contractors_Bid.pdf KI Item Description Unit Evanston Glenview Highland Kenilworth Lincolnshire Mount Niles WInnertka Total Park Prospect CA -7 Crushed Aggregate Virgin (rushed Ton Limestone Delivered Delivered 595 595 CA -7 (3/4) Chip (no Ton fines) Delivered 60 1,000 1,060 CA -6 Crushed Aggregate Ton Stone Delivered Delivered 1,600 4,000 4,000 100 2,500 1,000 30 13,230 Pulverized Top Soil 21 -ton Delivered Truckload 40 100 10 150 FA -2 Torpedo Sand Ton Delivered Delivered 200 1,000 50 2,000 500 200 3,950 FA -6 Clean Brown Beach Ton Sand Delivered 5 5 3/4 inch diameter Wash Ton Stone Delivered 300 75 500 875 21 -ton Hauling of Spoil Truckload 330 500 1,000 60 500 500 95 2,985 Hauling of Spoil — 21 -ton Concrete Only Truckload 10 3 5 18 Hauling of Spoil - 21 -ton Asphalt Only Truckload 10 40 5 55 Hauling of Street 21 -ton Sweeping Debris Truckload 50 2 15 67 EXHIBIT A (Upon award of contract, to be attached to Debris Hauling and Aggregate Material Delivery For the municipalities of Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka as Exhibit A) -0 we A 0 - ii OWNER INFORMATION Owner Name: /moi elfDfc 60.t4 Address: p q *J 7.exI - /e 0.4. Af elvex It y 714 Buiness Name: G 6Co A,?,e4c rort, l ,tic. Buiness Address: 7�a/ J' T Z ovi,t Phone: ,07- 8/d -,) G,?.? Buiness Phone: X91 _6 9' ' 79Ba This Business is a: 0 Individual Proprietorship El Joint Venture Partnership L)' Corporation If applicable, give names, addresses, and dates of all partners, officers or directors. Name Address Has the applicant, business, or member of the business ever had a R YES WNO license or contract revoked, suspended or cancelled? If yes, explain in full detail on a separate sheet of paper. Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 22 5 Does the business currently hold a license or have a contract with any other municipality for service? LkIYES E] NO If yes, explain in full on a separate sheet of paper. Have any complaints against the business been filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, or, any other governmental body during the period of one year prior to the date of this proposal? R YES O If yes„ explain in full on a separate sheet of paper. Please note, the Village reserves the right to conduct its own search with the Illinois Commerce Commission, the Illinois Attorney General, or any other governmental body, and may take into consideration any complaints and/or pending complaints made against the business or owner. Services will be either full service cleaning, both inside and outside, or just outside cleaning. In submitting this Proposal Form requesting award of the Debris Hauling and Aggregate Material Delivery For the municipalities of Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka, I hereby certify that: I will not assign or subcontract delivery or debris hauling services for the Village without prior written approval of the Corporate Authorities of the Village of Mount Prospect; 2. Neither I, nor any person who will be working on my behalf, has been convicted under the laws of Illinois or any other state of an offense which under the laws of this state would be a felony involving the theft of property, violence to persons, or criminal damage to property. Please note that in the case of a person whose last conviction was more than two years past, and can demonstrate a compelling showing that he/she is nevertheless fit, such person or operator may be approved by the Village Manager if otherwise eligible; 3. 1 am not barred by law from contracting with the Village because of a conviction for prior violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating)); 4. 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment, fee or tax owed to the Village; 5. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et sea.); 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 23 1J 7. 1 shall comply with the Americans with Disabilities Act; 8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); and 9. All of the information I have provided in this Application has been truthful and given in good faith. I have read and understand the information provided with this Proposal Form, including the Notice to Bidders, Instructions to Bidder, the General Conditions, the Specifications and Debris Hauling and Aggregate Material Delivery for the municipalities of Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka Contract, and agree to abide by the conditions set forth therein. My signature below indicates my acceptance of all such conditions and my bid for award of the Village of Mount Prospect Debris Hauling and Aggregate Material Delivery For the municipalities of Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka. Name of Company: SOl <'oAi Tit r;roorf, IAC. Bid submitted by: /W 6V IES Go oe.4 Position in company: 7 Phone number: 7 7 0 Date: ?- 07 Bidder must use the official firm name and an authorized representative must sign, Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 24 7 Debris Hauling and Aggregate Material Delivery Village of Mount Prospect Department of Public Works FROM: 6 4L CO3,& 7ih4 c 7 azf, lNc. 790! r7 [ ov u (f, ,f'AfbKiF (hereinafter called "Bi CoDo7r. TO: Office of the Village Manager, 3rd Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") Debris Hauling and Aggregate Material Delivery The bidders have familiarized themselves with the services to be performed and probable work conditions required under this Bid affecting the cost of the performance of the required services and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet — Cleaning Service Contract Contract Document Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools, equipment, and services (including all utility and transportation services) required to perform the required services, all in accordance with the above listed documents. Bidder agrees to perform all of the required services and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all requested services. The Bidder acknowledges it understands all the requested services for which it has submitted a bid. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the required services as incidental to the fixed item price for each item proposed. Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 25 8 In submitting this bid, the Bidder understands that the Village reserves the right to add to or subtract from the estimated quantities. The Village intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) business days after receipt. The Bidder, and as successful bidder/contractor upon award of the contract, understands and agrees to the following: 1) The contractor agrees to provide all required services and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The contractor agrees to comply with all applicable federal and state laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: Addendum Addendum -Date Acknowledgement by Bidder or Authorized Date No.Representative Acknowled ed �a ylicy�� oz,q /d_/C ,fid Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the Bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. Upon award of the contract, the Village will send Notice of Award to the successful Bidder, the Bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) business days. The Village will then issue a written Notice to Proceed. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. Security in the sum often (10%) percent of a amount bid inform of (check one): Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 26 9 This Bid Submittal contains the following.- 1) ollowing: 1) Bid Form 2) Affidavit - Bid Certification Form 3) Bid Security 4) BID SHEET(S) - Debris Hauling and Aggregate Material Delivery Respectfully submitted: Name of Firm/Bidder: '" e 0 & 7d 4 C T 0." /X-C, (Signature Title: Date: /,)' /?-.) .1 Contact Information: Official Address: 7-01'a/ -r 7 z O e1,V 4&A 60074 Telephone: *47 6 7 4'- 7 y 80 Email IV6r0.*CA ® Gl — Co,voedc-ra,,e ' . O 0 ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 29-36) ALONG WITH THE AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 27 10 AFFIDAVIT — BID CERTIFICATION FORM Bidder: Company/Firm Name: 610 Z CO& 7/l4 c 7 o /?.t /A#C. Address: 7yo/ .17 L o vif & jf 4 X -t o iG GoQ7G As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of perjury and possible termination of contract rights and debarment, the undersigned, o07 /e 6z Go�e4 being first duly sworn on oath, deposes and states that he or she is tis (sole owner, partner, joint ventured, President, Secretary, etc.) of CP44 Cov .0 crozl -t*c. and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Non -Collusion The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section II Bid Riciging and Rotating The undersigned further states that G Qz C oAv ;r e /1 t -r o (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3, 33E-4. Section III Drug Free Workplace The undersigned further states that C 4t c C ti 70 .t t /NC. (Name of Company) provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1, et seq., and has, to the extent not covered by a collective bargaining agreement that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. Section IV Tax Payment The undersigned further states that C ft /Nc. is (Name of Company) Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 28 11 not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition, voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V l 811rassment Policy Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (111) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; M the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A "public contract" includes: ... every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that 60L aw � arc ,r r' �, has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4)• It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersigned certifies that all information contained in this Affidavit is true and correct. Signed by: Title: Signature Name Printed: � ` AfAC G P Aro Signed and sworn to before me this !G day of DEeE AvO , 202Z 7My mmissio a fres: Notary Public OFFICIAL SEAL JANET CASCELLA NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires 4111125 Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 29 12 Included with this bid is a bank cashier's check, certified check or bid bond in the amount of , l 0 6 & , ao , being ten percent (10%) of the total amount bid by 9 G j o tv-rA# c 7 o aJ Itic-, the bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should bidder be awarded the contract for services contemplated under this bid and fail or refuse to execute a contract for the performance of said services, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS /9 SEAL (if corporation) DAY OF C1 E c.,f wt B E.t , 2022. 6+/ L C Dk 7dti!� Bidder's Agent and Agent's Title it fJ if ArZ Title Note: If bidder is a partnership, the bid must be signed by at least two of the partners. Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. If a corporation, note here the state of incorporation: Incorporated under the laws of the State of Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 30 13 Debris Hauling and Aggregate Material Delivery for the municipalities of Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka The undersigned herewith submits a bid on Debis Hauling and Aggregate Delivey for the municipalities of Mount Prospect, Evanston, Glenview, Kenilworth, Lincolnshire, Niles & Winnetka in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, prior to 1:00p.m. on Monday, December 19, 2022. SCHEDULE OF PRICES We will perform the services as outlined Debris Hauling and Aggregate Material Delivery for the municipalities of Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka: We will perform the service as outlined on the Task Schedule sheets for sums as follows. Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 31 14 ,iii... ... .. „ ; /% Estimated Item Item Description Unit of Measure Quantities *Ali Unit Price Extended Price Number Municipalities _.__.._.. CA -7 Crushed Aggregate Virgin $ 30, do $ 07,85`0. 00 1 Crushed Limestone Delivered Ton Delivered 59.5, 2 CA -7 3/4" Chip (no fines) Ton Delivered 1,060 $ - 0.00 $ ,�/, 8 oa, no CA -6 Crushed Aggregate Stone $ ) 1� 7 $.),),3, eco, 00 3 Delivered Ton Delivered13,230 4 Pulverized Top Soil Delivered 21 -ton Truckload 170 $ ro0 $ ei f Sao , o0 5 FA -2 Torpedo Sand Delivered Ton Delivered 3,950 $ 09, O1,f $ 76. OY7 , So 6 FA -6 Clean Brown Beach Sand Ton Delivered 5 $ 9>.p $ 7 Wash Stone Ton Delivered 875 $ ,2 C. So $ 8 Hauling of Spoil 21 -ton Truckload 2,985 $ ?60 $ 90/ 970 ,00 9 Hauling of Spoil — Concrete Onl 21 -ton Truckload 28 $ ) Sb $ 7 pro , o0 10 1 Hauling of Spoil - Asphalt Only21-ton Truckload 55 $ d �O $ fa GSD Hauling of Street Sweeping $ �00 $ 3, S00 .00 11 Debris 21 -ton Truckload 67 TOTALAMOUNT BASE BID lij?,S68,S Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 31 14 Total Base Bid of Debris Hauling and Aggregate Material Delivery for the municipalities of Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka: $ _r&8 ..fO per year *The estimated quantities listed in the bid table for each community are for reference only. The contractor is hereby made aware that the bid prices shall apply to work in all municipalities participating in this bid even if no restimated quantity is listed for that municipality. Supplemental Rates Item Item Description Unit of measure Unit Price No. _ 1 Emergency purchase and delivery of CA -7W Ton Delivered _$ .3.� 2 Emergency purchase and delivery of CA -6 Ton Delivered $ oi3 Additional Hauling Services (non -hazardous, non -special waste, 3 non-organic, non -street sweeping) _ — — 21 -ton Truckload $ 60 4 Hauling of S ecial Waste 21 -ton Truckload $ Hauling of Spoil — CCDD Facility (testing and PE certification by 5 Municipality) 21 -ton Truckload Time and materials rate for one (1) 21 -ton truck and one (1) driver -straight time (regular business hours 7 a.m. to 4 p.m., !!r 6 Monday through Friday) I Hour Time and materials rate for one (1) 21 -ton truck and one (1) 7 driver—outside of regular business hours I Hour $ lss Submitted this (qday of 2022. Mark outside of envelope: "Debris Hauling and Aggregate Material Delivery for the municipalities of Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka," and deliver to the Village Manager's office at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, by 1:00 p.m., MONDAY, December 19, 2022. �t � o�ti T�.S L 7or1, lliG . Name of Company/Firm 790/ IT, e 4ymj d &E X el 0 k ,,or iL Address of Company/Firm , Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 32 15 EXHIBIT B CONTRACT VILLAGE OF MOUNT PROSPECT Debris Hauling and Aggregate Material Delivery THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the Village of Mount Prospect, an Illinois home rule municipality (hereinafter the "Village"), and 641, CokfficrKf 11 Ix. an IAAI*#rr C60#004l1i0 OL. , located at 74a1.rt Aoto Apt �r�raer , r , Illinois, (hereinafter the "Contractor"). GENERAL As stated in the bid document. 2. SPECIFICATIONS As stated in the bid document. 3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the proposal Specifications. 4. ADHERENCE TO LAWS Employees and agents of Contractor shall obey all federal, state, county and municipal laws and ordinances during the execution of their duties under this Contract. The existence of this Contract does not exempt such individuals from compliance with such laws or ordinances, nor does it convey any special rights or privileges upon those individuals. Contractor shall meet all applicable licensing requirements of the Village. In addition, Contractor is required to comply with all federal, state, county and municipal laws and ordinances, including the following: a. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30 ILCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et sea.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; d. Comply with the Americans with Disabilities Act; and Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 33 16 e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, which states as follows: Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause EQUAL EMPLOYMENT OPPORTUNITY In the event of contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2) That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service. 4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules, the contractor will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5) That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 34 17 or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. 6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. With respect to the two types of subcontracts referred to under paragraph 7 of the Equal Employment Opportunity Clause above, following is an excerpt of Section 750.30 of the Department of Human Right's Rules and Regulations for Public Contracts: Title 44, Part 750, Section 750.30, Illinois Administrative Code, Subcontracts Each public contractor and subcontractor shall in turn include the Equal Employment Opportunity Clause set forth in Appendix A of this Part in each of its subcontracts under which any portion of the contract obligations are undertaken or assumed, said inclusion to be either verbatim or by reference so that the provisions of the clause will be binding upon such subcontractors. 5. FEE SCHEDULE The charges to be assessed by Contractor under this Contract are set forth in the fee schedule contained in Exhibit A. 6, LOG BOOK RECORDS & REPORTS RE UIRED The Contractor shall provide the Village with a written status report on its provision of services required by the Contract. This report shall be due before the tenth day of the following month. 7. METHODS OF PAYMENT Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. 8. HOLD HARMLESS AGREEMENT CONTRACTUAL LIABILITY Contractor assumes full responsibility for the acts and omissions of its employees and agents while engaged in performing services under the Contract. Contractor agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 35 18 and hold forever harmless the Village, its officers, appointed and elected officials, Mayor and Board of Trustees, employees, volunteers, attorneys and agents from and against any and all liabilities, obligations, claims, losses, damages, penalties, and costs and expenses resulting from any suit, claim, demand, judgment, or cause of action initiated by any person, including Contractor and its officers, officials, employees, subcontractors, volunteers and agents, arising out of, connected with, or in any way associated with the performance of services covered by this Contract or the equipment used in connection therewith. 9. CONTRACTOR'S LIABILITY INSURANCE Contractor shall not commence with the performance of services under this Contract until it has obtained all insurance required hereunder and such insurance has been approved by the Village. Certificates of such insurance shall be filed with the Village prior to commencing work. Additionally, Contractor will provide the Village with a letter from the insurance carrier that the Village will be notified within thirty (30) days of the pending cancellation of any policy relating to this Contract. Each insurance company shall be subject to approval by the Village, and the respective policies shall name the Village as an additional named insured. Approval of the insurance by the Village shall not relieve or decrease the liability of Contractor hereunder. Such insurance is primary and in no event will be considered contributory to any insurance purchased by the Village. Such insurance will not be canceled, reduced, or materially changed without providing the Village thirty (30) days advance written notice, via certified mail. Contractor shall maintain all insurance required under subsections a through h of this Section for not less than one (1) year after completion of this contract. 10. CONTRACT TERMINATION The Village and Contractor reserve the right to terminate the Contract at any time upon ten (10) days advance written notice to the other party. In addition to the provisions set forth in Section General conditions (A,6) for immediate termination, failure of Contractor to perform any aspect of this Contract properly and/or to provide proper treatment to the general public, in the sole discretion of the Vilage, is cause for immediate termination of the Contract without prior notice. 11. LENGTH OF CONTRACT This Contract shall be in effect for three (3) years beginning January 2023, and shall remain in effect until December 2025, unless terminated by either party under the conditions specified in Section 10, Contract Termination. The Contract may be extended for up to two one (1) year extensions beyond the termination date by mutual, written agreement between the Village and the Contractor. 12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short period of time from receipt of a FOIA request to comply with the request, and there is a significant amount of work required to process a request including collating and reviewing the information. Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 36 19 Contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public records (as that term is defined by Section 2(c) of FOIA) in its possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. Contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalty, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the Village under this Contract. 13. Contractor shall not assign this Contract or any part thereof without the prior written consent of the Village. Approval, if any, for such assignment shall be made by the Corporate Authorities of the Village. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, legal representatives and successors in interest. 14. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Illinois and applicable federal law. Venue shall only be proper in a court of competent jurisdiction located within the County of Cook, Illinois. 15. SEVERABILITY The invalidity or unenforceability of one or more of the terms or provisions contained in this Contract shall not affect the validity or enforceability of the remaining terms and provisions of this Contract so long as the material purposes of this contract can be determined and effectuated. 16. INTERPRETATION Any headings of the Contract are for convenience of reference only and do not define or limit the provisions thereof. Words of gender shall be deemed and construed to include correlative words of other genders. Words importing the singular shall include the plural and vice versa, unless the context shall otherwise indicate. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties and obligations of such person or entity succeeding to the rights, duties and obligations of such person or entity in accordance with the terms and conditions of the Contract. 17. WAIVER OF BREACH If either party waives a breach of any provision of this Contract by the other party, that waiver will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing such provisions. 18. MERGER - AMENDMENT This Contract sets forth the entire understanding of the parties relative to the subject hereof and supersedes any and all prior agreements, express or implied, oral or written. No amendment or modification of this Contract shall be effective unless reduced to writing and executed by the parties. Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 37 20 19.' COUNTERPARTS This Contract may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. 20. EFFECTIVE DATE The Effective Date of this Contract shall be the date executed by the Village President, and attested by the Village Clerk. In Witness thereof, the said parties have executed and signed this contract on , 2022. BY: Attest, Karen Agoranos, Village Clerk VILLAGE OF MOUNT PROSPECT, an Illinois Municipal Corporation Corporate Name: 6d1- e0X-r4AcT0-?J tiG Its 104 f1"o ,E'. Attest; 4 cretary (Corporate Seal) Debris Hauling and Aggregate Material Delivery for the municipalities Evanston, Glenview, Highland Park, Kenilworth, Lincolnshire, Mount Prospect, Niles, & Winnetka 38 21 Table of Contents 1. Equipment Documentation 2. Disposal Location 3. Material Supply Location 4. Delivery and disposal Tickets 5. References 6. Additional Contract Explanation for Exhibit A 22 Equipment Documentation 23 G & L CONTRACTORS INC 7401 N ST LOUIS SKOKIE IL 60076-4043 Registration ID: 1010 4737 PIN: 7860 2023 Illinois Registration Identification Card Jesse White, Illinois Secretary of State CNVL06/22/22:02:2131: 2519.00 MU 21896V 3FVL22131 SHVR 0623 Vehicle Yea 2002 Weight or C 73280 Axles ea river's Lice Renewal Fe 2519.01 MF199wff: like to recefve �or�r licen6e folate renewaq notgces b en'raiq, visit s. v and follow the instrr�ctions to enrogq in the ecrefry ofr esa�i�ense frlate renewal program. 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O N m m LL LL r, -LL LL 0 e m m a m ul E a x x x Z 0 x X y x m -H. x x x x CL UL C m co 0 N r ami 0 0 C> Cl) 42 C\ C, C M CC C z C CL m v d9 c m o LL W H `m j LL m o H m �O C pyj O � G O fOi� O O W % W O LL Cr 5 y m A E o w m m= C11 N�p U m �mp m O a LLL L1 U) N ,� ^ m 0 LL LL a_ 9 G LL LL L LL .s m V a e OI C m 20 a x �a N x H N a x x X co 0 N r ami 0 0 C> Cl) 42 C\ C, C M CC C z C CL SE It 0 CL c 0 E m —C: 'o w M Z 2 fA ow N o 0 Z 2 Em MATERIAL SUPPLY LOCATIONS: LOCATIONS: VILLAGE OF MOUNT PROSPECT Thelen Materials: 28957 IL -173, Antioch, IL 60002. 40 Miles Prairie Materials: 1S680 N Lorang Rd, Elburn, IL 60119. 50 Miles Vulcan: 3910 S Racine Ave, Chicago, IL 60609. 32 Miles Midwest Aggregate: 28435 W, IL -173, Antioch, IL 60002. 40 Miles 37 DISPOSAL LOCATIONS Village of Mount Prospect Public Works Bluff City: 1245 Gifford Rd, Elgin, IL 60120. 22 Miles Prairie Materials: 15680 N Lorang Rd, Elbum, IL 60119. 50 Miles CHDS: 25199 west, It,120, Round lake, IL 60073. 24 Miles 38 CAMBRIDGE PRINTING CORP. (630) 510-2100 CUSTOMER .—........- JOB# LOCATION MATERIAL: FROM ._. SAND GRAVEL SPECIFY TYPE — QUANTITY -- LOADS HAULED wZ C, DATE _.._ DRIVER _.._ EQUIPMENT# DESC. TO STONE DIRT PIPE TICKET# ._....... ......................�.w.. TIME START TIME FINISH LUNCH TOTAL HOURS 112 NO Received By: 39 References Kenilworth Public Works Department Attn: Donald Leicht Address: 347 Ivy Ct, Kenilworth, IL 60043. Phone: 847-257-2354 Email: DI,eich!j@voki1.o1'g Niles Public Works Department Attn: Jack Grana Address: 6849 W Touhy Ave, Niles, 11,60714. Phone: 847-588-7905 Email: gg gjLlc..com Winnetka Public Works Department Attn: Nick Narhi Address: 1390 Willow Rd, Winnetka, 1L 60093. Phone: (847) 716-3553. Email: M1A!b!(dmWi!MqkAM 40 Other Munici ali Service G&L Contractors currently holds a similar hauling contract with The Village of Morton Grove. That Contract expires on 12/31/22 41