HomeMy WebLinkAbout6.7 Motion to accept bid for 2023 Debris Hauling and Aggregate Material Delivery in an amount not to exceed $290,525.Subject Motion to accept bid for 2023 Debris Hauling and
Aggregate Material Delivery in an amountnot t
exceed $290,525.
Meeting August 15, 2023 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD -
Fiscal Impact true
Dollar Amount $290,525.00
Budget Source General Fund and Water/Sewer Enterprise Fund
Category CONSENT AGENDA
Type Consent
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 topsoil and cartage of spoil material in
21 -ton dump trucks.
In December of 20221 the Village contracted with G&L contractors for debris
hauling and aggregate material delivery services. In July of 2023, G&L Contracting
informed the Village that they were closing down indefinitely, therefore requiring
the department to re -bid the project.
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 successful contractor.
The contract includes annual rate increases with 2%-4% collars. Annual increases
shall otherwise be consistent with the Consumer Price Index for the Chicago
metropolitan area.
1
The bid documents were sent to three (3) area firms who have experience in truck
hauling and aggregate material procurement. In addition, the bid was publicly
advertised on the Village's website utilizing Demandstar bid services.
A notice to bidders was posted on Demandstar by Onvia website on July 18, 2023.
All bidders submitted a bid bond in the amount of 10% of the total bid as required
in the bid proposal. All bids were checked for accuracy. All bidders correctly
singed their bid and bid bonds. Below is a summary of bids.
On Monday, August 7, 2023 the bids were publicly opened and read as required
by Village Code. The following five (5) firm's submitted bids:
Bidder Total Bid
Maxx Contractors Corporation, Des Plaines, IL $290,525.00
CC Cartage Inc. Barrington, IL $337,575.00
The Sivi Group LLC, Wayne, IL $339,975.00
J Ave. Development Inc., Lemont, IL $373,087.50
Utility Transport Services, Inc., Markham, IL $463,150.00
Based on the review of the bids, reference checks and past projects, the lowest
responsible bidder is Maxx Contractors Corporation from Des Plaines, Illinois.
Their bid is 9% higher than bids received for this contract in 2022.
Maxx Contractors has completed several projects for the Village including the pipe
and storm sewer inlet repair contract, snow removal and cul-de-sac clearing
contract and debris hauling.
Reference checks indicated that Maxx Contractors has also satisfactorily
completed debris and rubbish hauling for contractors in nearby communities.
These communities include Wheeling, Des Plaines and Niles.
Staff is confident the firm can perform the requisite work at the bid prices
indicated.
All reference checks indicate the company has consistently performed work of this
scale and scope with acceptable results.
Alternatives
1. Accept lowest cost responsive bid for Debris Hauling and Aggregate Material
2
Delivery in the amount not to exceed $290,525.
2. Action at discretion of Village Board.
Staff recommends accepting the lowest -cost, responsive bid for Debris Hauling
and Aggregate Material Delivery and award a three (3) year contract with two (2)
one (1) - year extensions to Maxx Contractors Corporation, of Des Plaines, Illinois
in an amount not to exceed $290,525 for the 2023 budget year.
Expenditures in subsequent years will be at the contract rates, but limited to funds
appropriated in approved budgets.
ATTACHMENTS:
Maxx Contractors Corporation bid submittal.pdf
Debris Hauling and Aggregate Delivery for the Village of Mount Prospect (002).pdf
Bid_Tabulation.pdf
KI
FROM:
Debris Hauling and Aggregate Material Delivery
Village of Mount Prospect
Department of Public Works
(hereinafter called 'Bidder")
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.
Debris Hauling and Aggregate Material Delivery
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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.
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
regulations, and county and municipal
Conditions.
applicable federal and state laws, rules and
ordinances, as described in the General
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. __.... __ Re r esentative gq Acknowledged,
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
Debris Hauling and Aggregate Material Delivery
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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%) perce!MBank
amount bid inform of (check one):
Bid Bond Certified Check Cashier's Check is attached hereto in
accordance with the "Instructions for Bidders".
This Bid Submittal contains the following:
1) Bid Form
2) Affidavit - Bid Certification Form
3) Bid Security
4) BID SHEET(S) - Debris Hauling and Aggregate Material Delivery
Respectfully su tted:
Name of Firms der:
Date: 0
Contact Information:
Zn 2 °>
MY
(Signature)
Official Address: 2-:10 GRA - 4&- Outs
Ste►.
C-- S NA75 a PX -Ji S oC�► �►
Telephone: �4Z Zq7 — O�Z4
Email: 0l1 daCol^ ^omcAst- G-7.
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
29
Ij
EXHIBIT A
(Upon award of contract, to be attached to Debris Hauling and Aggregate Material Delivery For the
Village of Mount Prospect as Exhibit A)
PROPOSALFORM
- N J, fra-A 0
Owner Name:
Andress: Z,"L C�
Buiness Name:
Buiness Address: 'Z10 G C&(AW At/W�0� �Sfoa� t�
Phone: 841 Z97- 0-72.4- Buiness Phone:
This Business is a:
❑
Individual Proprietorship
❑
Joint Venture
❑
Partnership
z-z."l J a.
Corporation
If applicable, give names, addresses, and dates of all partners, officers or directors.
Name
Address�-+
""
t
z-z."l J a.
Avg
�N
Zz-? �. rAls-It'701101leo'loyff
Has the applicant, business, or member of the business ever had a
license or contract revoked, suspended or cancelled?
�] YES NO
Debris Hauling and Aggregate Material Delivery
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If yes, explain in full detail on a separate sheet of paper.
Does the business currently hold a license 'e"'a contract with any oth
municipality r •
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 governme body during the period of one year prior to
the date of this proposal? E] YES NO
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 Village of Mount Prospect 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 seq.);
Debris Hauling and Aggregate Material Delivery
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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;
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 Village of Mount Prospect
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.
Name of Company:
Bid submitted by:
Position in company:
Phone number:
Date:
Ti
O'f -)" 2.x'7- p? 7-4
6 -1 Za2 3
Bidder must use the official firm name and an authorized representative must sign.
Debris Hauling and Aggregate Material Delivery
26
9
AFFIDAVIT — BID CERTIFICATION FORM
Bidder:
Company/Firm Name: j�
G A ARA Xa_ -9 4�4>
Address: ZZO G,4A-A C Suitt- A es plolvr t,. towrG
As a condition of entering into a contract with the Village of Mount Prospect, and under
oath and penal f perjury an possible termination of contract rights and debarment, the
undersigned, `(k ' , being first duly sworn on oath, deposes
and states that he or s e is (sole owner,
partaner,j int ventured, President, Secretary, etc.) of
S 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 11 • Riggi
The undersigned further states that MAY4 OTA s
(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 Druq Free Work lace
The undersigned further states that -4 CSS
(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
Debris Hauling and Aggregate Material Delivery
30
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The undersigned further states that is
(Name of Company)
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 Sexual Harassment 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; (III) a description of sexual harassment, utilizing examples; (IV) the
vendor's internal complaint process including penalties; (V) 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 ' -f 2 s 6 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 under
are made as a cond
made under the terry
The undersigned
Signed by:
Name Printed:
the foregoing statements and representations and promises
I the' of the bidder to receive payment under any award
nr ision of this bid.
Signature
contained in this Affidavit is true and correct.
Title: Lkl6sfoL,f
Signed and sworn to before me this 'day of Cls , 2023.
M commission expires:
,1LCLAl" �.
Notary Public
Debris Hauling and Aggregate Material Delivery
0 dill 0 31
PlfAlM PUBLIC, STATE OF 41AW'!
W COMMSSION E ° 91!11025
11
BID SECURITY
Included wth this bid is a bank cashier's check, certified check or bid bond in the amount
of ��?_ , being ten percent (10%) of the total amount bid by
the bidder, in favor of the Village of Mount Prospect. It is
hereby agreed that, should badder 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 _. DAY OF
SEAL (if corporation)
Bidder's Agent and Agent's Title
,rj0&A1&
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
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BID SHEET
Debris Hauling and Aggregate Material Delivery
The undersigned herewith submits a bid on Debis Hauling and Aggregate Delivery for
the Village of Mount Prospect 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, August 7, 2023.
SCHEDULE OF PRICES
We will perform the services as outlined Debris Hauling and Aggregate Material
Delivery for the Village of Mount Prospect:
Total Base Bid of Debris Hauling and Aggregate Material Delivery:
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
Debris Hauling and Aggregate Material Delivery
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Item
Number
Item Descri7M77'M'
of Measure
�
Estimated
Quantities v....
�
Umt Price
Extended Price
��������-�����
CA -6 Crushed Aggr
2,500
_
$ W
J �D�
1
Delivered
Ton Delivered
2
Pulverized Top Soil Delivered
21 -ton Truckload
_ 20w
$ U
$ boo. Urj,
3
FA -2 Torpedo Sand Delivered
www........
Ton Delivered
2,000
$ 1�'(05 _
$ `33 3co. `
4
FA -6 Clean Brown Beach Sand
Ton Delivered
50
$ �,(�v
$ _ (p50 '
Wash Stone
TDelivered
on
500
wwww_–
$ Q. LZ7
� w�
uG
$ 104 v
_�w
.._
6
Hauling of Spoil
21 -ton Truckload
_......
750
$ 241-60
p—AD
7
Hauling of Spoil–wConcrete Only
21 -ton Truckload –
10
$
TOTAL AMOUNT BASE BID
Z JrZS
Total Base Bid of Debris Hauling and Aggregate Material Delivery:
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
Debris Hauling and Aggregate Material Delivery
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13
municipalities participating in this bid even if no restimated quantity is listed for that
municipality.
Supplemental Rates,
Item
No. Item Description Unit of measure Unit Price
1 Emergency� purchase and delivery of CA -7 Ton Deliveredd $ (d ....��..,. .._
2 Emergency purchase and delivery of CA -6 Ton Delivered $20.605
...........��... �wwww......
Additional Hauling Services (non -hazardous, non -special waste,
3 non-organic, non -street sweeping) 21 -ton Truckload $ Z(, —
4 Hauling of Special Waste 21 -ton Truckload $ I °1 00.00
Hauling of Spoil — CCDD Facility (testing and PE certification by,
5 Municipality) M� �ww 21 -tong 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.,
6 id
hr
Monday through Fra
www_ w... g ww.... y) Hour
.
Time and materials rate for one (1) 21 -ton truck and one (1)
7 driver — outside of regular business hours Hour $ I cx3
Submitted this day of 2023.
Mark outside of envelope: "Debris Hauling and Aggregate Material Delivery for the
Village of Mount Prospect, and deliver to the Village Managers office at 50 South
Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, by 1:00 p.m., MONDAY,
August 7, 2023.
Name of Company/Firm
EXHIBIT B
CONTRACT
Debris Hauling and Aggregate Material Delivery
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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 4cr an obi S located at
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
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;
d. Comply with the Americans with Disabilities Act; and
Debris Hauling and Aggregate Material Delivery
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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
Debris Hauling and Aggregate Material Delivery
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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
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 REQUIRED
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.
Debris Hauling and Aggregate Material Delivery
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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
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 anyway 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
Debris Hauling and Aggregate Material Delivery
38
18
This Contract shall be in effect for three (3) years beginning September 2023, and
shall remain in effect until December 2026, 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.
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
Debris Hauling and Aggregate Material Delivery
39
19
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.
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
, 2023.
mm
Attest:
Karen Agoranos, Village
Clerk
Corporate Name
M
Debris Hauling and
VILLAGE OF MOUNT PROSPECT, an
Illinois Municipal Corporation
20
its Si4�n�
Atte t:
r"�
Sere
(Corporate Seal)
Debris Hauling and Aggregate Material Delivery
41
21
Excavation
Demolition
Concrete
Snow Removal
COMPANY DRIVER DST
220 Graceland, Suite A
Des Plaines, IL 60016
Ph: (847) 207-0724
Fax: (847) 297.0 WO23
#5 Anthony Ventrltlla Cpl Class A
1630 Joann Wq.a V536-0008-0307
Addison, IL. Ap p1
#6 Robert Andrz@j#yos Cpl- Class A
60 East Hintz , 436-7708-0142
Wheeling, IL. 6Pp94
#7 Isidro Cervjnt#j qPL Class A
4664 River RQp4 fJ5-4005-9132
Schiller Park, $, 60175
#5 Vicente Arechigd
CDL Drivers
418 N. 8TH A�-
1
Giuseppe Aiello
CDL Class A
# 6 David Serrano Renteria
227 S. Leonard lane
A400-2806-5082
S656-1608-8119
Arlington Heights, IL. 60016
#2
Felipe Mendez
CDL Class A
M360-0174-9133
3106 Kensington Lane
M532-2407-2237
Zion, IL. 60099
#3
David Grandt
CDL Class A
121 S. Pine St.
G653-1745-1243
Mount Propsect, IL. 60056
#4
Mike Ventrella
CDL Class A
2139 Newport Circle
V536-5407-9012
Hanover Park, 1L.
NON CDL DRIVERS
#1
Arturo Ruelas
Class D
636 15th Ave.
R420-0007-3280
Maywood, IL. 60153
# 2
Joseph N. Aiello
Class D
227 S. Leonard Lane
A400-4949-3172
Arlington Heights, IL. 60005
#3
Philip A. Aiello
Class D
227 S. Leonard Lane
A400-6619-1158
Arlington Heights, IL. 60005
#4
Alvaro Arechiga
Class D
418 N. 8TH Ave.
A622-0008-6024
Maywood, IL. 60153
220 Graceland, Suite A
Des Plaines, IL 60016
Ph: (847) 207-0724
Fax: (847) 297.0 WO23
#5 Anthony Ventrltlla Cpl Class A
1630 Joann Wq.a V536-0008-0307
Addison, IL. Ap p1
#6 Robert Andrz@j#yos Cpl- Class A
60 East Hintz , 436-7708-0142
Wheeling, IL. 6Pp94
#7 Isidro Cervjnt#j qPL Class A
4664 River RQp4 fJ5-4005-9132
Schiller Park, $, 60175
#5 Vicente Arechigd
Class D
418 N. 8TH A�-
A622-8658-4315
Maywood, IL, l 015j
# 6 David Serrano Renteria
Class D
10477 Dearlokg Rd:
S656-1608-8119
Glenview, It.. #0021
#7 Alphonse Mitrlq
Class D
8630 W, 8erwyll
M360-0174-9133
Chicago, IL, 6Q§S6
Dumpster &
Hauling
Services
22
Excavation
Demolition
Concrete
Snow Removal
TRADE REFERNCES :
220 Graceland, Suite A
Des Plaines, IL 60016
Ph: (847) 297-0724
Fax: (847) 297-0720
DATE: $/4/2023
JOB LOCAT19N l Mt. Prospect IL.
Dumpster &
Hauling
Services
10: M94ptgrp;pect Public Works Department
Al�qptigp Casey Botterman
PROD 0 2QF(a Debris Hauling and Aggregate Material Delivery
1) Village of Mount Prospect : Scott Moe , Mount Propsect PublicyVofk§ pep>�. �upeintendant
Various pipe repair projects., Retaining Wall @ Melas Park
2014-2022 Pipe Inlet Repair Contractor
2014-2023 Snow Contract and Culdesacs Clearing
2) Workmasters Inc. 216 Graceland , Des Plaines. II. 60016 # 847-; Mr, Joq polio
Contract New Footings and foundations, floor slab, New parkins l:qt, cyrbs „ street repair, Grading
Demolition of Home, removal of all foundations, remq 'pf X11 j ubbish
3) Scaravalle Construction Inc.: Landscape Contractor 555 Exchange Ct. W� Velipg, IL. 60090 # 847 Mr. Tony Scaravalle
Contractor: 2105 N. Fernandez, Arlington Heights
Demolition of existing Home, removal of all rubbish and concrete. Excavation of new home
New Foundations, footings, gravel placement, Hauling out excess dirt
4) Fresh Farms , 8203 Golf Rd. Niles IL. Commercial Building ( Jewel S-# 312-450-1000 Mr. Dino Starvros
Complete interior demolition. Removal of all finishes. Load all debris and haul off site.
Remove 30' of front completely. Roof, metal joist, I beams & structure.
Excavate for new front addition. Found unsuitable soils, undercut additional 6-7 ft. Installed 3" rock in lifts and compacted �.
Framed and poured new footings and foundations. Installed setting plates for new steel columns. Backfilled all voids with granular rill
Removed and replaced floor slabs for new freezer ( Lewis Foods ; Grand Ave. Waukegan )
Installed crawl space floor at apartment building (1100 W. Jackson , Chicago )
5) G. A. Johnson & Son ; Contractors 828 Foster Street, Evanston, IL. 6q;P1 847-867-5404 Mr. Ed Pleines
Sports Authority ; Mt. Prospect All interior demolition of ex4tIq# finj0his ( Now Fresh Thyme )
Walgreens , Harlem & Foster Chicago, install new parking lot, Ctl�pit 11q , backfill after curbs, final grade
Walgreens, Lake st. Wilmette, Cornlete interior demolition of all lJlsh 6
23
Excavation
Demolition
Concrete
Snow Removal
220 Graceland, Suite A
Des Plaines, IL 60016
Ph: (847) 297-0724
Fax: (847) 297-0720
Company
Semi Trucks and Trailers
Available
SEMI TRUCKS GVW 73,000-420,000 Ibs
1996
Peterbilt 379 Semi
1997
Peterbilt 379 Semi
2001
Peterbilt 379 Semi
2002
Kenworth W900 Semi
2012
Mack Vision Semi
VIN #
2NPNLROX94M827806
1N PFL#AX07D656278
1KPFDPISX5YN516468
1X ���pVP,9X228884063
1MjAWP7Y4CM020831
Dumpster &
Hauling
Services
8/4/2023
Trailers : 2 Trailstar Aluminum Dump Tanderrls l Hilbilt Steel Dump Tandems
Low Boy and Flat Bed Trailer
24
Mount Prospect
Bid Request
for
Debris Hauling and Aggregate Material Delivery
BID OPENING: Monday, August 7, 2023 - 1:00 p.m. local time
25
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
NOTICE TO BIDDERS
Bid for
Debris Hauling & Aggregate Material
Sealed bids will be received until 1:00 p.m. on August 7, 2023, in the office of the
Village Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056, in a
separate, sealed envelope. Please submit bid clearly marked "Sealed Bid for Debris
Hauling and Aggregate Material Delivery".
The scope of work includes the purchase and delivery of aggregate material and the
hauling of disposal debris.
Plans and specifications may be obtained from Mount Prospect Public Works website
o�ronw.irn imtpiros��ect„oirc�/I iids.
All bids shall be accompanied by a Bid Bond, Certified or Cashier's Check made payable
to the Village of Mount Prospect for not less than ten percent (10%) of the bid amount.
Offers may not be withdrawn for a period of ninety (90) days after the bid date without the
consent of the Board of Trustees.
Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to
the aforementioned date and time, will be disqualified and returned to the bidder.
The Village reserves the right in its sole discretion, to reject any and all bids or parts
thereof, to waive any irregularities technicalities and informalities in bid procedures and
to award the contract in a manner best serving the interests of the Village.
Village Manager
Michael J. Cassady
Debris Hauling and Aggregate Material Delivery
1
26
Table of Contents
BIDPACKET................................................................................................................................................ 3
PROJECTSCOPE....................................................................................................................................3
INSTRUCTIONS TO BIDDERS....................................................................................................................7
SPECIFICATIONS......................................................................................................................................11
GENERALCONDITIONS...........................................................................................................................16
EXHIBITA...................................................................................................................................................24
PROPOSALFORM.................................................................................................................................24
BIDFORM...................................................................................................................................................27
AFFIDAVIT— BID CERTIFICATION FORM...............................................................................................30
BIDSECURITY...........................................................................................................................................32
BIDSHEET.................................................................................................................................................33
EXHIBITB...................................................................................................................................................34
CONTRACT............................................................................................................................................34
Debris Hauling and Aggregate Material Delivery
2
27
BID PACKET
The Village of Mount Prospect is seeking proposals for it's:
The municipalities are seeking proposals for their:
Debris Hauling and Aggregate Material Delivery
PROJECT SCOPE
The Contractor shall provide, at a minimum, the following work:
• The work consists of transportation and disposal of spoils generated in the
course of normal Municipality operations and for the delivery to the
Municipalities of CA -7 Crushed Aggregate Stone, CA -7 3/4 Chip, CA -6 Crushed
Aggregate Stone, Pulverized topsoil, FA -2 Torpedo Sand, FA -6 Clean Brown
Beach Sand, and Wash Stone.
• Fulfill all items and requirements listed in the General Conditions and
Specifications.
• Perform any and all additional work, as required by the Director of Public
Works, for the unit costs indicated on the Bid Sheet.
Debris Hauling and Aggregate Material Delivery
3
28
1. RECEIPT OF PROPOSALS
Sealed bid proposals to provide painting of the village hall parking garage must be
received in the Village Manager's Office, at 50 South Emerson Street 31d Floor,
Mount Prospect, Illinois 60056, no later than 1:00 p.m. on August 7, 2023. Bids
arriving after that time will not be accepted. Mailed bids, which are delivered after
the specified hour, will not be accepted regardless of postmarked time on the
envelope. Electronic mail (email) and/or facsimile transmitted bids will not be
accepted. All bid proposals will be publicly opened and prices read aloud thereafter
on the same date at the Mount Prospect Village Hall, 50 South Emerson Street,
Mount Prospect, Illinois.
2. HOW TO SUBMIT A BID
The bid proposal must be delivered in a sealed envelope to the Village Hall and
marked to the attention of the "Village Manager". The bid proposal must be clearly
marked: Sealed Bid "Debris Hauling and Aggregate Material Delivery" and the
date of the bid opening "August 7, 2023".
No proposal will be considered unless it is submitted on the bid proposal
form, Exhibit A, included in this bid packet.
The bid proposal must be typewritten or legibly completed in ink. Any erasures or
revisions in the bid proposal must be initialed by the person signing the proposal.
Should a bidder wish to qualify his bid or make special stipulations thereto, such
qualifications or stipulations shall be stated on standard letter size sheets of paper,
separate from the proposal form but included within the sealed proposal.
It will be the sole responsibility of the bidder to ensure that his or her bid reaches
the Mount Prospect Village Manager's Office on or before the deadline for bid
submissions set forth above. Any bid that is not sealed or marked as specified in
the requirements for submitting a bid will be disqualified from the bidding process.
3. QUALIFICATION OF BIDDERS
To be entitled to consideration, bids must be submitted in accordance with this
Notice to Bidders and the "Village of Mount Prospect Instructions to Bidders", and
on the Proposal Form (Exhibit A). In addition, bidders must be licensed to do
business in the Village of Mount Prospect and must furnish satisfactory evidence
of their professional experience and ability to meet the performance requirements
of the Debris Hauling and Aggregate Material Delivery (Exhibit 8).
Debris Hauling and Aggregate Material Delivery
4
29
4. AWARD OF CONTRACT TO SUCCESSFUL BIDDER
The Village of Mount Prospect will be the sole interpreter of all bid documents, and
reserves the right to make its own assessment of bids received; to reject any and
all bids; to waive irregularities and technicalities in the bids; to further negotiate
details of the contract with the low bidder after award of the contract; and to award
the contract based upon its consideration of the following criteria as well as
relevant statutory provisions:
a) Lowest responsible bidder.
b) The ability, capacity, and skill of the bidder to perform the contract to provide
the service required.
c) Whether the bidder can perform the contract or provide the service
promptly, or within the time specified, without delay or interference.
d) The character, integrity, reputation, judgment, experience, and efficiency of
the bidder.
e) The quality of performance of previous contracts.
f) The previous and existing compliance by the bidder with laws and
ordinances relating to the contract.
g) The sufficiency of the financial resources and ability of the bidder to perform
the contract and provide the service.
h) The ability of the bidder to provide future maintenance and service.
i) The number and scope of conditions attached to the bid.
j) Whether the bidder has a place of business in the Village.
k) Responsiveness to the exact requirements of the invitation to bid.
1) Ability to work cooperatively with the Village and its staff.
m) Past records of the bidder's transactions with the Village or with other
entities as evidence of the bidder's responsibility, character, integrity,
reputation, judgment, experience, efficiency and cooperativeness.
n) Such other factors as would be in the best interest of the Village and its
operations.
Debris Hauling and Aggregate Material Delivery
5
30
The Village of Mount Prospect may make such inspections, as it deems necessary,
including the right to inspect all bidder worksites related to the bid.
5. CONTRACT
The specifications and terms for award of this contract include all of those set forth
in this Notice to Bidder, the Instructions to Bidder, the Proposal Form (Exhibit A),
the Specifications, the General Conditions, the Bid Form, the Affidavit — Bid
Certification Form, the Bid Security Form, the Bid Sheet and "Debris Hauling and
Aggregate Material Delivery" (Exhibit B). The successful bidder will be required
to execute the project for the duration specified in that contract and the successful
bidder's submitted Bid Proposal Form will be attached to and incorporated into that
Contract.
Debris Hauling and Aggregate Material Delivery
6
31
INSTRUCTIONS TO BIDDERS
To be entitled to consideration, bids must be made in accordance with the following
instructions:
1. The Village of Mount Prospect reserves the right to reject any or all bids, or any
part thereof, or to accept any bid or any part thereof, or to waive any information
in any bid when, it its opinion, the best interest of the Village will be served by such
action.
2. Bidders may withdraw or cancel their bid, in written form, at any time prior to the
advertised bid opening time. Any bid submitted will be binding for 90 calendar days
after the date of bid opening. No plea of ignorance by the bidder as to the
conditions that exist or that may exist hereafter as a result of failure or omission on
the part of the bidder to make the necessary examinations and/or investigations
will be accepted as a basis for varying the requirements of the Village or the
compensation to the bidder.
3. Bids must be signed by an authorized official of the organization submitting the bid
with the name of the official and his/her title typed below the signature.
4. All bidders must submit the following information on or before the deadline for bid
submittal:(a) the location of the bidder's permanent place of business; (b) evidence
of the ability to provide an efficient and adequate plan for executing the services
requested; and (c) any additional evidence tending to show that the bidder is
prepared adequately to fulfill the contract.
5. Bidders shall include with their bid, on a separate attachment to the bid, the names
of three (3) references regarding their qualifications by experience, ability,
personnel and equipment to perform the services required by the bid
specifications. The references must include company name, address, contact
person and telephone number. The Village reserves the right to reject bids not
accompanied by the required references.
6. All bidders agree that a complete background investigation of the principals of the
bidder and all employees who will perform the required services on behalf of the
bidder will be made. Bidders agree to cooperate with the appropriate Village
personnel to supply all the necessary information to complete the background
inquiries. The Village, at its complete discretion, may disqualify any Bidder,
including a low Bidder, and may void any contract previously entered into based
upon its background investigation.
7. No bid will be accepted from or contract awarded to any person, firm or corporation
that is in arrears or is in default to the Village upon any debt or contract, or that is
a defaulter, as surety or otherwise, upon any obligation to the Village or has failed
to perform faithfully any previous contract with the Village within two (2) years prior
to the date of the invitation to bid.
Debris Hauling and Aggregate Material Delivery
32
8. All bid submittals must include a signed Bid Certification Form (copy attached)
certifying non -collusion in the bid, and that the bidder is in compliance with
Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and
bid rigging (720 ILCS 5/33E-3 and 5/33E-4); compliance with the Illinois Drug Free
Workplace Act (30 ILCS 580/1 et seq.; that it is not delinquent in the payment of
taxes (65 ILCS 5/11-42.1); and that it has a written sexual harassment policy in
place in full with the Illinois Human Rights Act (775 ILCS 5/2-105, as amended).
9. Any bidder in doubt as to the true meaning of any part of the Specifications or other
did documents shall submit a written request for interpretation to
Casey Botterman no later than five (5) calendar days prior to the date set for the
opening of the bid. Any questions received after that time may be answered at the
discretion of the Village.
In the event that the Village finds a question to be adequately addressed in the
existing bidding documents, the question may be answered in writing by directing
the requesting bidder to the applicable provision(s) in the existing bid documents.
No further clarifications or interpretations will be issued.
Bidders will acknowledge receipt of any addendum issued by so noting on the bid
sheet. Oral explanations are not binding.
10. Prices shall be provided for each service required to be performed under the
contract.
11. All equipment and material bid shall be in accordance with all applicable federal,
state and local laws, rules and regulations in effect at the time of the bid.
12. Bids will be considered on equipment or material complying substantially with the
specifications, provided each deviation is stated and the substitution is described,
including technical data when applicable, in a letter attached to the bid. The Village
reserves the right to determine whether such substitutions or deviations are within
the intent of the specifications and will reasonably meet the service requirements
of the applicable Village Department. Brand names which may be mentioned in
the specifications do not indicate a preference and are used only as a reference to
the type and quality of materials or equipment desired.
13. The brand name and/or manufacturer of each item proposed must be clearly
stated. Guarantee and/or warranty information must be included with this bid.
14. Unless otherwise directed by the Specifications, all materials, equipment and
services provided will meet standards or requirements which would normally be
anticipated in common practice. The bidder guarantees that all applicable federal,
state and local laws, including the federal Occupational Safety and Health Act
("OSHA"), are being complied with in connection with the bid and any resultant
contract or purchase by the Village.
Debris Hauling and Aggregate Material Delivery
8 33
15.All municipal, county, and State of Illinois sales taxes and federal excise taxes,
which are NOT applicable to sales to the Village of Mount Prospect, must be
excluded from bid prices.
16. Prices shall be stated in units when applicable and quotation made on each item
separately. In case of conflict, unit price shall govern.
17. Bidders must be sure to specify any terms which they wish to offer in the space
provided. Cash discounts will be deducted from the base bid in determining the
low bidder.
18.A bid deposit in the amount of ten percent (10%) of the total bid amount, payable
to the Village, is required, unless otherwise stated in the bid package. The deposit
must be in the form of a bid bond, certified check, or a bank cashier's check. All
bid performance deposit checks will be retained by the Village until the bid award
is made, at which time the checks will be promptly returned to the unsuccessful
bidders. The bid performance deposit check of the successful bidder will be
retained until surety bonding requirements have been satisfied and proof of
insurance coverage is provided.
19. In case of default by the bidder, the Village may procure the services from other
sources and may deduct the cost of such services from the unpaid balance due
the bidder, or may collect against the bond or surety for excess costs so paid, and
the prices paid by the Village shall be considered the prevailing market price at the
time such purchase is made.
20. The bidder shall hold the Village, its officers, employees and agents, harmless from
liability of any nature or kind on account of the Village's use of any copyrighted or
uncopyrighted composition, trade secrets, secret process, proprietary rights,
patented or unpatented invention, article or appliance furnished or used under the
bid specifications.
21. The successful bidder is specifically denied the right of using in any form or
medium the name of the Village for any advertising, promotion or reference unless
express written permission is granted by the Village.
22. The opaque envelope containing the bid shall be marked plainly, 'SEALED BID" —
Debris Hauling and Aggregate Material Delivery. (See also Notice to Bidders
requirements).
23. The bidder's submittal shall include the completed Proposal Form. The Village will
strictly hold the bidder to the terms of the Proposal Form. The Proposal Form must
be executed by a person having the legal right and authority to bind the bidder.
Debris Hauling and Aggregate Material Delivery
9 34
Questions about this Request for Bids should be directed to:
Mount Prospect Public Works Department
Attn: Casey Botterman
1700 West Central Road
Mount Prospect, Illinois 60056
Phone: 847.870.5640
Email: dbotteri an.@@.inrnc uim..lrirr t.:: it
Debris Hauling and Aggregate Material Delivery
10 35
SPECIFICATIONS
Estimated Quantities per Municipality per the specifications identified herein:
Item Description
CA -6 Crushed Aggregate Stone Delivered
Unit
Ton Delivered
Mount
Prospect
2,500
Total
2,500
Pulverized Top Soil Delivered
21 -ton Truckload
20
20
FA -2 Torpedo Sand Delivered
Ton Delivered
2,000
2,000
FA -6 Clean Brown Beach Sand
Ton Delivered
50
50
3/4 inch diameter Wash Stone
Ton Delivered
500
500
Hauling of Spoil
21 -ton Truckload
750
750
Hauling of Spoil — Concrete Only
21 -ton Truckload
10
10
Debris Hauling and Aggregate Material Delivery
11
36
1. PROJECT SCOPE
The work consists of transportation and disposal of spoils generated in the course of normal
Municipality operations and for the delivery to the Municipalities of CA -6 Crushed Aggregate Stone,
Pulverized topsoil, FA -2 Torpedo Sand, FA -6 Clean Brown Beach Sand, and 3/4 inch Wash Stone.
Debris material may consist of spoils from utility work (mud, dirt, etc.), concrete, and other materials
which may not be separated.
Hauling of hazardous materials is not included in this scope of work.
Spoil shall be disposed of in compliance with applicable local, state and federal regulations. When
directed by a Municipality to dispose of spoil at a Clean Construction or Demolition Debris (CCDD)
facility, the Municipality will provide either form LPC -662 or LPC -663 for the spoil material. If the
Contractor choses to dispose of any material at a CCDD facility without being directed to do so by the
Municipality, the Contractor assumes all responsibility for providing all testing and certifications
required, including all costs related thereto.
2. PROJECT SUBMITTALS
The Contractor must submit the following information to the Village of Mount Prospect for review with
bid submissions. Failure to submit the following will result is disqualification of bid:
2.1 Equipment Documentation
The Contractor shall submit information to the Village of Mount Prospect documenting that the
Contractor owns or has access to a minimum of FIVE (5) 21 -ton capacity trucks. The Contractor
must show proof of vehicle ownership and/or a contractual agreement acceptable to the Village of
Mount Prospect covering the term of the contract. The Contractor shall submit evidence of
licenses and last inspection for each truck to the Village of Mount Prospect.
2.2 Disposal Location
The Contractor shall submit to the Village of Mount Prospect a list of anticipated disposal
locations for each category of material to be hauled and disposed. Also include the distance (in
miles) from the Public Works facility of each Municipality to the proposed disposal site. The
Contractor shall notify the Municipalities of any new disposal locations prior to disposing any of
the Village's material at the facility.
2.3 Material Supply Location
The Contractor shall submit to the Village of Mount Prospect the locations from which the
specified materials will be purchased and delivered to the Village. The Village of Mount Prospect
reserve the right to designate the locations from which the Contractor will purchase and deliver
material in an emergency situation. At least one location shall be located within a 70 -mile radius
of the Village of Mount Prospects Public Works facility.
2.4 Delivery and Disposal Tickets
The Contractor shall provide the Municipalities with all delivery and disposal tickets.
3. MATERIALS & SERVICES TO BE PROVIDED BY THE VILLAGE
When the Village opts to use the supplemental unit price "Hauling of Spoil — CCDD Facility (testing
and PE certification by Municipality)", the testing of the material and necessary certifications will be
provided by the Village.
All materials to be hauled shall be located at the respective Municipality's locations as noted below.
An equipment operator and necessary equipment will be made available to load the Contractor's
trucks for all hauling. It is the Contractor's responsibility to ensure that the Contractor's trucks are not
overloaded and that the loads are balanced prior to leaving the Public Works facility.
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Hours of Operation
Village of Mount Prospect
Public Works Department
Attn: Casey Botterman
1700 W. Central Road
Mount Prospect, IL 60056
Hours of Operation:
Monday -Friday: 7AM — 3PM
4. Length of Contract
This Contract shall be in effect beginning August 2023, and shall remain in effect until
December 2026, 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.
5. TECHNICAL SPECIFICATIONS
5.1 The Contractor shall maintain all equipment used for completing the Work in good operating
condition and with the appropriate licenses and inspections by the State of Illinois. The
Contractor is responsible for providing qualified truck drivers with verified Commercial Driver's
Licenses. Hauling services shall comply with all Federal, State, Local, and Municipalities
requirements and policies.
5.2 Provide well -graded crushed stone aggregate complying with IDOT "Standard Specifications"
gradation No. CA6 free of clay, loam, dirt, crushed concrete, calcareous or other foreign matter.
5.3 Provide topsoil that is free from large roots, sticks, and weeds, brush or stones, or other litter and
waste products. It shall be a loamy mixture having at least 90 percent passing the No. 10 percent
organic matter. It shall contain not more than 10 percent clay. The sand content shall not exceed
10 percent. The PH shall not be lower than 5.0 nor higher than 8.0.
5.4 Provide well -graded fine aggregate sand complying with IDOT "Standard Specifications"
gradation FA -2 Torpedo Sand, free from organic matter.
5.5 Provide FA -6 clean brown beach sand complying with IDOT "Standard Specifications" gradation
FA -6 brown beach sand, free from organic matter.
5.6 Provide % inch diameter 3/ inch diameter 1/4 inch diameter wash stone with rounded surface
complying with IDOT "Standard Specifications" gradation Wash Stone, free from organic matter.
5.7 The contractor shall be allowed to make "round robin" runs, delivering material and hauling debris
with the same truck. However, material must always be delivered with a clean truck. Aggregate
material that has been contaminated with debris from using a dirty truck will be considered not to
have met the specifications and such loads will be rejected and not paid for.
6. SCHEDULING OF WORK
6.1 Hours of operation and locations for debris hauling and aggregate delivery for the Village of
Mount Prospected listed in Section 3.
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6.2 Municipality will contact the contractor requesting service for debris hauling and/or material
delivery as -needed. The contractor shall respond to all non -emergency requests for debris
hauling and/or material delivery requests within 24 hours of the request.
6.3 Aggregate material shall be delivered to the respective municipal facility during the hours of
operation listed in Section 3 above, unless a different location or extended hours are specified by
the Director of Public Works or his/her designee.
6.4 Requests from the Municipalities for debris hauling and material delivery outside of the normal
business hours shall constitute an emergency request. The Contractor shall respond to all
emergency requests (including evenings, weekends and holiday) within 4 hours.
6.5 All requests for services that are scheduled to occur during normal business hours shall be
considered non -emergency. Non -emergency services that are delayed such that they occur
outside of normal business hours shall still be considered non -emergency services.
7. MEASUREMENT OF PAYMENT
7.1 Purchase & Delivery of Aggregate Material (CA -6, FA -2 Torpedo Sand, FA -6 Clean Brown Beach
Sand, Wash Stone) — This item includes the purchase and delivery of aggregate material
scheduled to occur during normal business hours, to the respective municipal facilities during
hours of operation listed in Section 3, above, including all necessary material, equipment and
labor. This item will be measured in tons of material delivered (based on the material supplier
load tickets) for each material type.
7.2 Purchase & Delivery of Pulverized Topsoil — This item includes the delivery of topsoil scheduled
to occur during normal business hours, to the respective municipal facilities during hours of
operation listed in Section 3, above, including all necessary material, equipment and labor. This
item will be measured in 21 -ton truck loads of topsoil delivered.
7.3 Emergency Purchase & Delivery of Aggregate Material (CA -7 CA -7 3/ Chip and CA -6) — This item
includes the purchase and delivery of aggregate material scheduled to occur outside of normal
business hours, to the respective municipal facilities listed in Section 3 or to an alternate location
as directed by the Director of Public Works or his/her designee, including all necessary material,
equipment and labor. This item will be measured in tons of material delivered (based on the
material supplier load tickets) for each material type.
7.4 Debris Hauling and Disposal (Spoil, Concrete Only, Asphalt Only, Special Waste) — This item
includes the removal and disposal of the specified debris, including equipment, labor and
disposal, from the respective municipal facilities during normal hours of operation listed in Section
3, above. Equipment and labor to load construction spoil onto the contractor's trucks is not
included and will be provided by the Municipality. This item also includes additional handling,
documentation and tipping fees that may be required for disposal of special waste. Initial testing
of special waste loads will be provided by the Municipality. This item will be measured in 21 -ton
truckloads of material hauled from the facility.
7.5 Time and Material for One (1) 21 -Ton Truck and Driver — This item includes one (1) 21 -ton truck
with driver for miscellaneous hauling of material in and around the Municipality, including
equipment and labor. This item will be measured in hours of operation on-site (not including
travel between the contractor's facility and the Municipality's facility) during the Municipalities
regular business hours and/or outside of the Municipalities regular business hours.
7.6 Additional Hauling Services — This item includes the removal and disposal of other non-
hazardous, non -special waste, non-organic, non -street sweeping debris (including but not limited
to demolition debris, litter and trash, storm damage cleanup debris, etc.) from the respective
municipal facilities during normal hours of operation listed in Section 3, above. Equipment and
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labor to load construction spoil onto the contractor's trucks is not included and will be provided by
the Municipality. This item will be measured in 21 -ton truckloads of material hauled from the
facility
7.7 Hauling of Spoil CCDD Facility (testing and PE certification by Municipality) - This item includes
the removal and disposal (at a CCDD facility) of construction spoils, including equipment, labor
and disposal, from the respective municipal facilities during normal hours of operation listed in
Section 3, above. Equipment and labor to load construction spoil onto the contractor's trucks and
testing and PE certifications are not included and will be provided by the Municipality. This item
will be measured in 21 -ton truckloads of material hauled from the facility.
7.8 Annual Compensation Adjustment - The Base Contract Price will be adjusted on an annual basis
equal to the average monthly percentage change of the Chicago CPI -U for the previous twelve
month period with 2% minimum and 4% maximum protections. The rate adjustment shall take effect
each year beginning on September 1, 2023.
8. DELAYED SERVICES
The awarded Contractor shall ensure the timely delivery of material to the Municipalities and debris
hauling from the Municipalities. In the event the Contractor fails to provide timely service, the
Municipalities reserve the right to contract with another service provider and bill the awarded
Contractor for all associated costs. Timely service shall be defined as deliveries or hauling to be
completed by the next business day, unless weather prohibits.
If it is the opinion of the Public Works Director or his/her designee that the awarded Contractor
consistently fails to meet the service requirements identified above, the Municipalities reserve the
right to immediately terminate the Agreement. The Municipalities shall be the sole determiner of
consistently.
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GENERAL CONDITIONS
A. Award of Contract; Performance; Payment
1. The Village will issue a Notice of Award to the successful bidder, advising
that it has been awarded the contract. Within ten (10) business days of
delivery of the Notice of Award, by personal service or registered or certified
U.S. Mail, postage prepaid and receipt requested, the contractor shall
execute the contract, attached to the Bid Documents, and furnish the Village
with the required bonds and certificate of insurance.
2. Upon the Village's receipt of the executed contract, required bonds and
certificate of insurance, the Village will issue and send to the contractor a
Notice to Proceed, that will start the performance period.
3. The Contractor shall submit with each payment request a properly
completed Contractor's Affidavit setting out, under oath, the name, address
and amount due or to become due, of Contractor, each subcontractor,
vendor, supplier or other appropriate party included in its cost, and for every
party listed a full or partial waiver of lien, as appropriate. Beginning with the
second payment request, and with each succeeding payment request, the
Contractor shall submit Contractor's Affidavits and partial waivers of lien for
each subcontractor and supplier showing that the amount paid to date to
each is at least equivalent to the total value of that subcontractor's work,
less retainage, included on the previous payment request.
4. If final payment is requested, the Contractor shall submit a properly
completed Contractor's Affidavit setting out, under oath, the name, address
and amount due or to become due, of Contractor, each subcontractor,
vendor, supplier or other appropriate party included in its cost, and a full
and final waiver of lien for the full amount of the Work, less retainage. The
Contractor shall assign over to the Village all manufacturers' and suppliers'
warranties respecting any part of the Work.
5. The Village reserves the right to alter the scope of the required services to
be performed, add such incidental services as may be necessary and
increase or decrease the services to be performed to accord with such
changes, including the deduction or cancellation of any one or more or the
services. Such changes shall not be considered as a waiver of any
condition of the contract nor to invalidate any of the provisions thereof.
6. The performance of the required services shall be done under the
supervision of the Village's Director of Public Works or his/her designee who
shall decide all questions that arise as to the quality and acceptability of
materials furnished, services performed, manner of performance,
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acceptable fulfillment of the contract, compensation and the disputes and
mutual rights between contractors under the Specifications.
7. If the contractor fails to begin providing the services within the specified
time, or fails to perform these services in accordance with the terms of the
approved schedule or performs the services in a manner unacceptable to
the Village, or if the contractor becomes insolvent or is declared bankrupt,
or makes an assignment for the benefit of creditors, or from any other cause
fails to perform the required services in a manner required by the contract,
the Village shall give notice to the contractor and its surety in writing
specifying such failure, delay, neglect, refusal or default, and if the
contractor, within a period of ten (10) calendar days after the giving of such
notice, does not proceed in accordance therewith, then the Village shall
have the full power and authority to declare the contract and the contractor
in default, and to forfeit the rights of the contractor in the contract.
8. All costs and charges incurred by the Village, together with the cost of
performing the required services shall be deducted from any monies due or
which may become due to the contractor under the contract. Following any
payment due and received by the Village from the contractor's surety
following default, if the expense so incurred by the Village is less than the
sum paid to the Village by the surety under this contract for the performance
of required services during the contract period, the surety shall be entitled
to receive the excess difference paid to the Village. When such contractor
default costs incurred by the Village exceeds the sum paid to the Village for
the performance of the required services under the contract, the contractor
and the surety shall be liable and shall pay to the Village the full cost of such
additional expenses.
9. The purchase of goods and services pursuant to the terms of this
Agreement shall also be offered for purchases to be made by the
Municipalities, as authorized by the Governmental Joint Purchasing Act, 30
ILCS 525/0.01, et seq. (the "Act"). All purchases and payments made under
the Act shall be made directly by and between each Municipality and the
successful bidder. The bidder agrees that the Village of Mount Prospect
shall not be responsible in any way for purchase orders or payments made
by the other Municipalities. The bidder further agrees that all terms and
condition of this Agreement shall continue in full force and effect as to the
other Municipalities during the extended term of this Agreement.
Bidder and the other Municipalities may negotiate such other and further
terms and conditions to this Agreement ("Other Terms") as individual
projects may require. In order to be effective, Other Terms shall be reduced
to writing and signed by a duly authorized representative of both the
successful bidder and the other Municipality.
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The bidder shall provide the other Municipalities with all documentation as
required in the bid, and as otherwise required by the Village of Mount
Prospect, but not limited to:
• Certificate of insurance naming each other Municipality as an additional
insured.
B. Performance of the Required Services
1. The contractor shall exercise every precaution at all times for the protection
of persons and properties. The safety provisions of all applicable laws and
ordinances shall be strictly observed. Any practice obviously hazardous, in
the opinion of the Director of Public Works or his authorized representative,
shall be immediately discontinued by the contractor upon his receipt of
instructions from the Director of Public works or an authorized
representative to discontinue such practice.
2. The performance of services under the contract includes the furnishing of
all supervision, labor, materials, tools, equipment and incidentals of every
kind and description necessary, in accordance with the contract documents.
3. The performance of services shall be subject at all times to inspection by
the Village or its inspectors, and the contractor will be held strictly to the
diligent execution of the contract. The Village or its inspectors shall be
furnished with such information and assistance by the contractor as is
required to make a complete and detailed inspection. Completed
performance of services not complying with the contract may be rejected by
the Village and shall be performed again by the contractor at no expense to
the Village.
4. Except where the Specifications indicate otherwise, the Village is not
responsible for providing any tools, equipment, or storage under the
contract in order to permit the completion of any contractual obligations
under the contract.
5. The contractor shall provide an adequate number of competently trained
personnel with sufficient supervision to perform the services required, and
the contractor shall provide identification of its personnel if requested by the
Village. Any contractor's employee or representative whose employment is
reasonably detrimental or objectionable to the Village shall be transferred
immediately from the work site upon the Village's request. The exercise of
this option shall not be construed as placing the Village in charge of the
performance of the services required under the contract, or as making the
Village responsible for safety. All tools or equipment required to carry out
the operations within the scope of the contract shall be provided by the
contractor, and shall meet the standards of OSHA and the State of Illinois
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safety codes as may be required by law. The Village reserves the right to
inspect the equipment that will be used prior to the award of the bid.
6. The contractor shall at all times have a competent person in charge of its
work crew at the job site to whom the Village representative may issue
directives. Such person shall be competent in the English language.
7. Liquidated Damages for Inexcusable Delay.
I. Time is of the essence. The Contractor agrees that all work included in
connection with this project must be completed by the Final Performance
Date, or sooner, after receipt of Notice To Proceed. It is hereby
acknowledged and agreed by both parties that the damages to the
Village are not readily ascertainable but that the failure to timely
complete this Work will materially and significantly damage the safety
and well-being of the Village, its staff and the public, and that therefore
a sum of 1,000.00 per day is a fair and reasonable damage estimate to
compensate the Village for any such delay. If the Contractor fails to fully
complete the Work in that time, then and in this event, the Contractor
further expressly agrees that, for each day this Work and this contract
shall remain uncompleted after that date, the Village may deduct the
sum of $1,000.00 per day after the Final Performance Date, from the
contract price as payment to the Village, by the Contractor of the
liquidated damages sustained by reason of failure of the Contractor to
complete the Project on or before the time aforesaid.
II. Provided, however, that if the completion of this contract is delayed by
the Village, by general strikes, acts of God, or casualty beyond the
control of the Contractor, then and in such event, the time of completion
of this contract shall be extended for such additional time as shall be
caused by such delay.
III. Provided, always, however, that the Contractor shall, at the time of such
delay, if any, demand of the Village, in writing, such additional time within
which to complete the performance of the Contract. The Contractor will
be required to notify the Village within three (3) days of such delay,
stating the reason for same. If the Contractor does not notify the Village
in writing, within three (3) days of the delay, no request for extension of
time will be approved.
C. Bond; Insurance; Indemnification
Performance Bond. No Performance Bond Required.
. Insurance Requirements. In the submission of a bid, the bidder is certifying that it
has all the insurance coverage required by law or that would normally be expected
for the bidder's type of work. In addition, the bidder is certifying that, as the
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successful bidder/contractor, upon execution of the contract, it will provide
insurance of such types and in such amounts as may be necessary to protect itself
and the interests of the Village against all hazards or risks of loss contemplated by
the contract. The Village shall be named as an additional insured on all applicable
insurance policies. Satisfactory certificates of insurance shall be filed with the
Village upon execution of the contract. The certificates shall state that thirty (30)
days advance written notice will be given to the Village before any policy covered
thereby is changed or canceled.
Insurance coverage shall be in the following minimum amounts:
Limit/ Limit/
Type of Insurance Ea. Occurrence Aggregate
General Liability
Bodily Injury $1,000,000 $3,000,000
Property Damage $1,000,000 $3,000,000
Contractual Ins. $1,000,000 $3,000,000
Automobile Liability
Bodily Injury $1,000,000 $1,000,000
Property Damage $1,000,000 $1,000,000
Workers Compensation
Employee Claims
Employers Liability
Statutory for Illinois
$1,000,000 per accident
2. Indemnification. The contractor shall indemnify and save harmless the Village, its
officers, employees and agents from any and all liability, losses or damages,
including attorney's fees and costs of defense, the Village may suffer as a result
of claims, demands, suits, actions or proceedings of any kind or nature, including
workers' compensation claims, in any way resulting from or arising out of the
operations of the contractor under the contract, including operations of
subcontractors; and the contractor shall, at his own expense, appear, defend and
pay all attorney's fees and all costs and other expenses arising therefrom or
incurred in connection therewith; and, if any judgments shall be rendered against
the Village in any such action, the contractor shall, at his own expense, satisfy and
discharge same. The contractor expressly understands and agrees that any
bonds, letters of credit or insurance protection required by the contract, or
otherwise provided by the contractor, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Village as herein provided.
The 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,
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trade secrets, secret process, proprietary rights, patented or unpatented invention,
article or appliance furnished or used under the bid Specifications.
D. Compliance with Laws
If, at any time, it shall be found that the person, firm or corporation to whom
the contract has been awarded has, in presenting any proposal or proposals,
unlawfully colluded with any other party or parties, then the contract so
awarded shall be null and void, and the consultant and his sureties shall be
liable to the Village for all loss or damage which the Village may suffer
thereby, and the Village may advertise for new bids for performance of the
required services.
2. The contractor shall, at all times during the life of this contract, observe and
abide by all federal, state and local laws which in any way affect the conduct
of the work and with all decrees and orders of courts or agencies of competent
jurisdiction. Likewise, said contractor shall be governed by all municipal
ordinances and regulations which in any way affect the conduct of the work.
The contractor shall indemnify and save harmless the Village, its officers,
agents and employees against any claim or liability arising from or based on
his violation of any law, ordinance, regulation, decree or court order.
The bidder and contractor, as the successful bidder, shall comply with all
applicable federal, state and local laws, including, but not limited to, the
following:
a. Bid Rigging/Rotating. By submitting a bid, the contractor certifies that
no owner, officer or director is barred from contracting with any unit of
state or local government as a result of violating the bid rigging or bid
rotating provisions contained in 720 ILCS 5/33E-3 & 33E-4.
b. Tax Payment. The contractor certifies that it is not delinquent in the
payment of any taxes to the Illinois Department of Revenue pursuant
to 65 ILCS 5/11-42.1-1.
c. Drug Free Workplace Act. The contractor will comply with the
requirements of the Drug Free Workplace Act if the contract is $5,000
or more, and it has more than 24 employees at the time of entering
into the contract pursuant to 30 ILCS 580, et seq.
d. Preference to Veterans Act. The contractor will comply with the
Preference to Veterans Act, 330 ILCS 55, et seq.
e. Non -Discrimination. The contractor will comply with the Illinois Public
Works Employment discrimination Act, 775 ILCS 10/1, et seq.
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f. Equal Employment Opportunity. The contractor will comply with Article
2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), including
establishment and maintenance of a sexual harassment policy as
required by Section 2-105 that will be produced to the Village upon
request, and the Rules and Regulations of the Illinois Department of
Human rights, including the EQUAL EMPLOYMENT OPPORTUNITY
CLAUSE, that is a material term of all public contracts, as set forth in
Exhibit B.
g. Compliance with Freedom of Information Act Request. Section 7 of
the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies
to public records in the possession of a party with whom the Village
has contracted. The Village will have only a very short 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. The bidder/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 the undersigned's possession and to
provide the requested public records to the Village within two (2)
business days of the request being made by the Village. The
bidder/contractor agrees to indemnify and hold harmless the Village
from all claims, costs, penalties, 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 public records to the Village under the contract.
E. Work Guaranty
1. General Guaranty. Neither partial or final payment, nor any provision in the
contract, nor partial or entire use of the product/Work embraced in the contract
by the Village or the Public shall constitute an acceptance of work not done in
accordance with the contract, or relieve the contractor of liability in respect to
any express warranties or responsibility for failure to comply with the terms of
those contract documents.
Unless otherwise expressly provided in the Specifications, in the event any
defects or imperfections in the materials or workmanship to be furnished by
the contractor herein appear within the period of two (2) years from the date
of completion of all the Work and acceptance thereof by the Village, the
contractor will, upon notice from said Village (which notice may be given by
letter to said contractor to the business address of the contractor shown in the
proposal), repair and make good at his own cost any such defects or
imperfections and replace any defective or imperfect materials or
workmanship with other materials or workmanship satisfactory to said Village,
and furnish all such new materials and labor as may be necessary to do so;
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and in the event of the failure, refusal or delay of said workmanship or
materials said Village may do so or have same done by others, and said
contractor and surety or sureties on the bonds given for the faithful
performance of the contract shall be liable to the Village for all damages and
expenses occasioned by such failure, refusal or delay. All details of warranties
shall be included with the bid. Warranty work shall be at no additional expense
to the Village.
Manufacturer warranties and guaranties shall be submitted with the bid and
shall be considered a part of the contract where such specifications meet the
minimum bid Specifications.
2. Maintenance Bond. Not required
F. Miscellaneous Contract Requirements
1. Contract Alterations. No amendment of a contract shall be valid unless made
in writing and signed by the Village President, Village Manager or their
authorized representative.
2. Licenses and Permits. The contractor shall procure at its own expense all the
necessary licenses and permits in connection with the work under the contract.
3. Nonassi , nability. The contractor shall not assign the contract, or any part
thereof, to any other person, firm or corporation without the previous written
consent of the Village. Such assignment shall not relieve the contractor from
its obligations or change the terms of the contract unless agreed by the Village
at its sole discretion.
4. Notices. All notices required by the contract shall be given in writing.
5. Taxes. The contractor shall pay all federal, state and local taxes as may be
applicable on all materials, labor and services furnished by it under the contract,
and the amounts of such taxes shall be included in the unit prices bid.
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EXHIBIT A
(Upon award of contract, to be attached to Debris Hauling and Aggregate Material Delivery For the
Village of Mount Prospect as Exhibit A)
PROPOSALFORM
OWNER INFORMATION
Owner Name:
Address:
Buiness Name:
Buiness Address:
Phone:
Buiness Phone:
This Business is a: ❑
Individual Proprietorship
❑
Joint Venture
❑
Partnership
❑
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
license or contract revoked, suspended or cancelled?
❑ YES ❑ NO
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If yes, explain in full detail on a separate sheet of paper.
Does the business currently hold a license or have a contract with any other
municipality for service? ❑ YES ❑ 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? ❑ YES ❑ NO
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 Village of Mount Prospect 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 seg.);
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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;
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 Village of Mount Prospect
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.
Name of Company:
Bid submitted by:
Position in company:
Phone number:
Date:
Bidder must use the official firm name and an authorized representative must sign.
Debris Hauling and Aggregate Material Delivery
26
51
FROM:
BID FORM
Debris Hauling and Aggregate Material Delivery
Village of Mount Prospect
Department of Public Works
(hereinafter called "Bidder")
TO: Office of the Village Manager, 31d 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.
Debris Hauling and Aggregate Material Delivery
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52
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.
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
No.
Addendum -Date
Acknowledgement by Bidder or Authorized
Representative
Date
Acknowledged
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
Debris Hauling and Aggregate Material Delivery
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53
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 of ten (10%) percent of the amount bid in form of (check one):
Bid Bond Certified Check Bank Cashier's Check is attached hereto in
accordance with the "Instructions for Bidders".
This Bid Submittal contains the following:
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:
By: _
Title:
Date:
Contact Information:
Official Address:
Telephone:
Email:
(Signature)
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
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54
AFFIDAVIT - BID CERTIFICATION FORM
Bidder:
Company/Firm Name:
Address:
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, being first duly sworn on oath, deposes
and states that he or she is (sole owner,
partner, joint ventured, President, Secretary, etc.) of
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 Rigging and Rotatinq
The undersigned further states that
(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
(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
Debris Hauling and Aggregate Material Delivery
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55
The undersigned further states that is
(Name of Company)
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 Sexual Harassment 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; (III) a description of sexual harassment, utilizing examples; (IV) the
vendor's internal complaint process including penalties; (V) 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 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:
Signature
Name Printed:
Title:
Signed and sworn to before me this day of 12023.
My commission expires:
Notary Public
Debris Hauling and Aggregate Material Delivery
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56
BID SECURITY
Included with this bid is a bank cashier's check, certified check or bid bond in the amount
of , being ten percent (10%) of the total amount bid by
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
SEAL (if corporation)
DAY OF , 2023.
Bidder:
Bidder's Agent and Agent's Title
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
32
57
BID SHEET
Debris Hauling and Aggregate Material Delivery
The undersigned herewith submits a bid on Debis Hauling and Aggregate Delivery for
the Village of Mount Prospect 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, August 7, 2023.
SCHEDULE OF PRICES
We will perform the services as outlined Debris Hauling and Aggregate Material
Delivery for the Village of Mount Prospect:
We will perform the service as outlined on the Task Schedule sheets for sums as
follows.
Item
Number
Item Description
Unit of Measure
Estimated
Quantities *
Unit Price
Extended Price
1
CA -6 Crushed Aggregate Stone
Delivered
Ton Delivered
2,500
$
$
2
Pulverized Top Soil Delivered
21 -ton Truckload
20
$
$
3
FA -2 Torpedo Sand Delivered
Ton Delivered
2,000
$
$
4
FA -6 Clean Brown Beach Sand
Ton Delivered
50
$
$
5
Wash Stone
Ton Delivered
500
$
$
6
Hauling of Spoil
21 -ton Truckload
750
$
$
7
Hauling of Spoil — Concrete Only
21 -ton Truckload
10
$
$
TOTAL AMOUNT BASE BID
Total Base Bid of Debris Hauling and Aggregate Material Delivery for
the municipalities of Evanston, Glenview, Highland Park, Kenilworth,
Lincolnshire, Mount Prospect, Niles, & Winnetka:
�a
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
Debris Hauling and Aggregate Material Delivery
33
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 -7
Ton Delivered
$
2
Emergency purchase and delivery of CA -6
Ton Delivered
$
Additional Hauling Services (non -hazardous, non -special waste,
3
non-organic, non -street sweeping)
21 -ton Truckload
$
4
Hauling of Special 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.,
6
Monday through Friday)
Hour
Time and materials rate for one (1) 21 -ton truck and one (1)
7
driver —outside of regular business hours
Hour
$
Submitted this day of
Mark outside of envelope: "Debris Hauling and Aggregate Material Delivery for the
Village of Mount Prospect," 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,
August 7, 2023.
EXHIBIT B
Name of Company/Firm
Address of Company/Firm
CONTRACT
Debris Hauling and Aggregate Material Delivery
34
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 , an located at
Illinois, (hereinafter the "Contractor").
1. 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 I LCS 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
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;
d. Comply with the Americans with Disabilities Act; and
Debris Hauling and Aggregate Material Delivery
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60
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
Debris Hauling and Aggregate Material Delivery
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61
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
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 REQUIRED
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.
Debris Hauling and Aggregate Material Delivery
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62
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
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
Debris Hauling and Aggregate Material Delivery
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63
This Contract shall be in effect for three (3) years beginning September 2023, and
shall remain in effect until December 2026, 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.
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
Debris Hauling and Aggregate Material Delivery
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64
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.
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
12023.
VILLAGE OF MOUNT PROSPECT, an
Illinois Municipal Corporation
AN
Attest:
Karen Agoranos, Village
Clerk
Corporate Name:
AN
Debris Hauling and Aggregate Material Delivery
40
65
Its
Attest:
Secretary
(Corporate Seal)
Debris Hauling and Aggregate Material Delivery
41
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Sivi Group
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;Item Estimated
Item Description Unit of Measure
I
Unit Price
Total Price
Unit Price
Total Price
Unit Price
Total Price
Unit Price
1
Number Quantities *
1
CA-6 Crushed Aggregate
Ton Delivered
2,500
$20.65
Stone Delivered
$51,625.00
$19.95
$49,875.00
$25.25
$63,125.00
$23.00
2
Pulverized Top Soil
21-ton Truckload
20
$400.00
Delivered
$8,000.00
$475.00
$9,500.00
$400.00
$8,000.00
$550.00
3
FA-2 Torpedo Sand
Ton Delivered
2,000
$16.65
Delivered
$33,300.00
$19.95
$39,900.00
$23.00
$46,000.00
$25.75
4
FA-6 Clean Brown Beach
Ton Delivered
50
$13.00
Sand
$650.00
$42.50
$2,125.00
$22.00
$1,100.00
$23.75
5
Wash Stone
Ton Delivered
500
$20.20
$10,100.00
$24.95
$12,475.00
$27.00
$13,500.00
$35.00
6
Hauling of Spoil
21-ton Truckload
750
$247
$185,250.00
$295.00
$221,250.00
$275.00
$206,250.00
$310.00
$
7
Hauling of Spoil — Concrete
21-ton Truckload
10
$160.00
Only
$1,600.00
$245.00
$2,450.00
$200.00
$2,000.00
$190.00
Total Bid
$290,525.00
$337,575.00
$339,975.00
$.
N4