===== PDF PAGE 120 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 4. ZI 2019 Asphalt Materials Procurement — DuPage County Joint Purchasing Program - Plote Construction, Inc. COMMITTEE AGENDA DATE: May 2, 2019 COUNCIL AGENDA DATE: May 20, 2018 < STAFF REVIEW: Timothy R. Wilcox, Assistant Director of Public Works SIGNATURE (Use, y hkl a. APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE. ITEM SUMMARY: For over 31 years the City has utilized the DuPage County Joint Purchasing Program for the procurement of asphalt materials. DuPage County has a Joint Purchasing Program similar to the State of Illinois Joint Purchasing Program where annually it solicits bids for materials by way of public bid and then allows municipalities to take advantage of the competitively bid unit prices. Staff has been advised that Plote Construction, Inc. (Plote) was awarded a contract for Asphalt Materials, both Surface and Binder Course, along with additional Group IV Bituminous Paving Materials such as asphalt emulsion (primer), effective April 1, 2019 and expiring March 31, 2020. Plote has agreed to extend its bid to other taxing bodies in DuPage County through the Joint Purchasing Program. Public Works staff will be able to pick up hot mix asphalt (HMA) material as needed from the plant located on Washington Street, near Illinois Route 38, in West Chicago, IL. The City uses HMA to repair street openings from water and sewer excavations, for pothole patching, repair of surface imperfections through grinding and patching, and overlayment of sections of streets where the surface is deteriorated and the street is not scheduled for contractual reconstruction or resurfacing. For FY 2019, staff anticipates using approximately 750 tons of surface mix, approximately 50 tons of binder mix and approximately 100 gallons of primer. Material cost varies from $51.00 to $57.00 per ton depending on the type of HMA required. Primer is $38.00 per 5 gallon pail. The amount of $46,000 has been budgeted in the Capital Projects Fund for the purchase of HMA asphalt and street patch materials. Staff recommends using the DuPage County Joint Purchasing Program for the procurement of Asphalt Materials from Plote Construction, Inc. A copy of the DuPage County bid awarded to Plote Construction, Inc. is attached for your consideration. | ACTIONS PROPOSED: —| Authorize the purchase of HMA Asphalt Materials, as needed, from Plote Construction, Inc. for an amount not to exceed $46,000.00, through the DuPage County Joint Purchasing Program. ===== PDF PAGE 121 ===== [Extraction: OCR (rendered-page OCR)] DuPage County Illinois } 421 N. County Farm Road Wheaton, I] 60187-3978 pate: 04/01/2019 [ 11199 TO PLOTE CONSTRUCTION INC 1100 BRANDT DR HOFFMAN ESTATES _IL 60192 L DAVE VERDICO 847/695-9300 dverdico@plote.com |___ TERMS | IL Prompt Payment Act per 50 ILCS 505/1 Freight included in Price FOB Destination Northwest Region of the County for DOT. Pricing per low bid #19-014-DOT 3/28/19 JEM FOR NW REGION OF COUNTY-DOT SEND INVOICES TO: County of DuPage Division of Transportation 421 N. County arm Road Wheaton, IL 60192 Attn: Kathy Curcio kathy. black@duapgeco.org Buyer Contact: Joan McAvoy Phone: 630-407-6181 Email: joan.mcavoy@dupageco.org SHIP VIA Best Way UNIT PRICE pune | auantiry] vom_| Service Agreement to fumish Bituminous Paving Material, for the Dollar Value is estimated, orders placed on "as-needed" basis with items and quantities specified at time of order. This contract subject to three (3) optional one-year renewals. BITUMINOUS PAVING MATERIALS Page: 1 of 1 PURCHASE ORDER #: 3768-0001 SERV Please include this Purchase Order Number on all invoices, shipping papers, packages and correspondence. Failure to comply may result In delayed payment of invoices. Currant Terms and Conditions are located at www.dupageco.org. 1QM2#14765 04/01/2019 03/31/2020 09/30/2020 $15,000.00 Vendor Agreement Reference: DOT-PLOTE CONSTRUCTION INC Vendor Agreement Description: BITUMINOUS PAVING MATERIAL F/NW REGION OF THE COUNTY-DOT AGREEMENT | AGREEMENT MAX QTY MAX AMOUNT $15,000.00 $15,000.00 $15,000.00 Total Amount: ===== PDF PAGE 122 ===== [Extraction: OCR (rendered-page OCR)] Plote DuPage County Procurement Services Division Finance Department 421 North County Farm Road, Room 3-400 Wheaton, Illinois 60187-3978 Phone: (630) 407-6181 DUPAGE COUNTY NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids will be received and time stamped by the Procurement Officer, for The County of DuPage ("County") on or before March 5, 2019 at 2:30pm at DuPage County Finance Department, Room 3-400, 421 N. County Farm Road, Wheaton, IL 60187 for the following contract: FURNISH BITUMINOUS PAVING MATERIALS #19-014-DOT. Bid document may be obtained from the Finance Department by email at David.Williams@dupageco.org or onsite during regular business hours at no cost or from the internet via www.demandstar.com, All bids must be received prior to the date and time shown above. Bids transmitted by email or facsimile (fax) will not be accepted. Bid Event Activity Legal Notice Advertisement Placed February 19, 2019 February 25, 2019 1:30pm Questions Due to Buyer Email: david.williams@dupageco.org Final Q&A Addendum Published Submittals Due to Finance Department February 28, 2019 4:00pm March 5, 2019 2:30 pm ===== PDF PAGE 123 ===== [Extraction: OCR (rendered-page OCR)] Each department will make an independent determination on whether it will enter into an agreement with the awarded contractor ad will issue their own purchase order, r V SUBMITTAL CHECKLIST ORIGINAL SIGNED BID ALL ADDENDA NUMBERS ACKNOWLEDGED, IF APPLICABLE REFERENCES PROPOSAL PRICING CERTIFICATION/PROPOSALSIGNATURE AFFIDAVIT PAGE COMPLETED JOINT PURCHASING SECTION, COMPLETED VENDOR ETHICS DISCLOSURE FORM, COMPLETED IRS FORM W9, COMPLETED DESIGN SHEETS INDICATING THE COMPOSITION OF PRIVATE / DRIVEWAY MIXES COPIES OF ALL AGREEMENTS, WAIVERS, DISCLAIMERS, ETC., REQUIRED TO BE COMPLETED, WHEN DUMPING ASPHALT GRINDINGS AND CLEAN CONCRETE AWARDED CONTRACTOR REQUIREMENTS CERTIFICATE OF INSURANCE DUE WITHIN 15 DAYS OF NOTICE OF AWARD PREVAILING WAGE AS REQUIRED BY IL STATE LAW REQUIREMENT (IF APPLICABLE) | ____ ILLINOIS SECRETARY OF DUE WITHIN 15 DAYS OF NOTICE OF AWARD STATE CORPORATE/LLC http://www.cyberdriveillinois.com/departments/business_services/howdoi,.him! CERTIFICATE OF GOOD STANDING FOR CURRENT YEAR is —— SS ee = ~~ : ~ ~ BITUMINOUS PAVING MATERIALS #19-014-DOT Page 2 of 27 ===== PDF PAGE 124 ===== [Extraction: OCR (rendered-page OCR)] INSTRUCTIONS TO BIDDERS ON-LINE NOTIFICATION OF SPECIFICATIONS: This document is available over the Internet at www.DemandSlar,.com or www.co.dupaage.il.us, as well as from the Buyer listed in this document. Businesses without Internet access may contact the Buyer listed on page 1. Companies Interested in doing business with the County are able to register and maintain their registration via the Internet at www.DemandStar.com, Registration is not required but if you choose to register you will receive an automatic initial notification from DemandStar of relevant opportunities with the County of DuPage. The County is not responsible for errors and omissions occurring in the transmission or downloading of any specifications from this website. In the event of any discrepancy between information on this website and the hard copy specifications, the terms of the hard copy specification will prevail. ON-LINE PROVIDER DISCLAIMER: DemandStar.com has no affiliation with the County of DuPage other than as a service that facilitates communication between the County and its vendors. DemandStar.com is an independent entity and is not an agent or representative of the County. Communications to DemandStar.com do not constitute communications to the County. BID REQUIREMENTS: All bids must be submitted on the blank bid form furnished with these contract documents and shall conform to the terms and conditions set forth in this Invitation to Bid (the ITB). Please make and retain a copy of your Bid Response for your records. The bid must be enclosed in a sealed envelope bearing the bid number and the printed title of the bid. Bidders must sign, in ink, the bid form where indicated and have the signature notarized. Bidder shall acknowledge receipt of each addendum issued in the space provided on the bid form. ALTERNATE/EQUAL BIDS: The specifications cannot cover precisely all minute details of the equipment required. Therefore, for purposes of establishing a standard of quality, the items listed in the specification may state brand names, manufacturer's models, numbers, et cetera, The County of DuPage, for cost effective measures, standardizes on specific items; those bids will contain the language "NO SUBTITUTIONS,” and any alternative will not be considered. A generic or alternate brand product of equal specifications may be proposed as an alternative for the item identlfied unless “NO SUBSTITUTIONS,” is indicated. However, in bidding the alternate item, the bidder must also attach manufacturer's printed specifications and literature and bid must be clearly marked as an ALTERNATE. Bidders submitting alternate items, of equal specifications, may be requested to provide samples of the item they intend to supply for testing. The Procurement Officer of DuPage County shall be the sole judge to determine whether the alternate item is actually equal to the item identified in the specifications, and the Procurement Officer's decision will be final and binding. Bidders are encouraged to submit cost-saving/value-added alternate bid pricing suggestions, such as rebates, creative lease agreements, extended warranty periods, trade-in allowances, or the availability of discounts for floor model or demonstrator units at significant savings. Any alternate pricing should be noted as a separate line that may be subtracted from the bid pricing as specified, allowing for clear evaluation and value-analysis by the County. The County recognizes the expertise provided by many bidders and encourages creativity In bidding. Alternates may be considered if the bid submitted clearly indicates what will be furnished and how it will benefit the County. Alternates will be compared to the lowest responsive, responsible bid as specified. COMPETITION INTENDED: Itis the County's intent that this Invitation to Bid (ITB) permits competition, It shall be the bidder's responsibility to advise the Buyer in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be received by the Buyer no later than seven (7) days prior to the date set for bids to close. "BITUMINOUS PAVING MATERIALS #19-014-DOT Pago 3 of 27 ===== PDF PAGE 125 ===== [Extraction: OCR (rendered-page OCR)] COMPLIANCE WITH ILLINOIS STATE LAW: By submitting a response, bidder [offeror] certifies that it has obtained any and all required authorizations, certifications, and/or licenses required by law in order to perform the work described herein and transact business within the State of Illinois. This includes, but is not limited to, in the case of a foreign business corporation, limited liability company, limited partnership, or limited liability partnership, authorization from the Illinois Secretary of State to transact business within the State of Illinois. http://www.cyberdriveillinois.com/departments/business_services/howdoi.htm! DEVIATIONS: The County of DuPage reserves the right to approve any material the Bidder proposes to furnish which contains deviations from specification requirements but which may substantially comply. If there is any deviation in the pack, source, quality, etc., of an item bid, from that prescribed in the specifications, Bidder must rule out the appropriate line in the specifications and clearly indicate the correction, Prices will be converted by the County to accommodate accepted deviations. EXCEPTIONS: Exceptions will be considered up to the deadline listed in Project Information. Exceptions must be fully described, on the Bidder’s letterhead and signed; exceptions must reference the bid number and the specification, contract term or other portion of the Invitation to Bid which is being accepted. If the Bidder wishes to propose terms and conditions or alternative paperwork it must do so as an exception. In the absence of such statement, the bid shall be considered as if submitted in strict compliance with all terms, conditions, and specifications; by its submission, the Bidder agrees that if selected, it will be bound by same. No exceptions or changes to contract terms will be accepted with the bid. EXAMINATION BY BIDDER: The Bidder shall, before submitting his bid, carefully examine the bid and specifications. If his bid is accepted, he will be responsible for all errors in his bid resulting from his failure or neglect to comply with these instructions. Unless otherwise provided in the SPECIAL CONDITIONS, when the specifications include information pertaining to preliminary investigations made by the County, such information represents only the opinion of the County of DuPage as to the location, character or quantity of the materials encountered. That information is only included for the convenience of the Contractor. The County of DuPage does not warrant the accuracy or the sufficiency of the information and assumes no responsibility therefore. ELECTRONIC TRANSMITTALS: Facsimile and/or e-mail transmitted bids will not be accepted by the County of DuPage. INTERPRETATION OF CONTRACT DOCUMENTS: If a potential Bidder is uncertain as to the meaning of any part of the specifications of this ITB, the Bidder is expected to contact the Procurement Services Division up to the deadline listed on the Project Information page for Exceptions to Bids. PREPARATION OF BIDS: The Bidder shall return his bid on the attached bid forms. It must be returned with all pages intact. Please make and retain a copy of the signed bid for your records. Unless otherwise stated, all blank spaces on the bid page or pages, applicable to the subject specification, shall be correctly filled in. Either a unit price or a lump sum price, or both as the case may be, shail be stated for each and every item, either typed in or printed in ink, in figures, and if required in words. Ridder shall acknowledge receipt of each addendum issued in the space provided on the bid form. When a bid consists of a number of items, prices must be submitted for all items unless otherwise directed in the Special Conditions. Where unit prices are to be bid, and/or where bids are to be made on more than one item, the Bidder shall extend the unit price(s) bid in the places provided on the pricing pages for the approximate quantities, shall compute the total amount of the bid and shall indicate tha same on the proposal pricing page. The Bidder must bid in accordance with the unit(s) of measure called for unless deviation procedure is followed. All extensions and total sums are subject to verification by the County and the correct extensions and sums will be used in the comparison of bids. If a discrepancy exists between the unit prices and totals, the unit prices shall prevail. if a discrepancy exists between the total base bid and the true sum of the individual bid items, the true sum shall prevail. BITUMINOUS PAVING MATERIALS #19-014-DOT Page 4 of 27 ===== PDF PAGE 126 ===== [Extraction: OCR (rendered-page OCR)] Where unit prices are requested, the quantities stated are approximate only but will be used to determine bid award. The quantities for all items on which bids are to be received on a unit price basis, will not be used in establishing final payment due the Contractor. Bids will be compared on the basis of the number of units stated In the Bid Pricing Section. Contract payment for unit price items will be based on the actual number of units delivered, In certain cases, amounts are to be shown in both words and figures. When discrepancies occur between the “Written in Words" and the “In Figures” amounts for the total lump sum bid amount, the “Written in Words" shall govern, Bidders are warned against making any erasures or alterations of any kind, and bids that contain omissions, erasures, conditions, or alterations may be rejected. The bidder must fill in all blanks. Use “N/A” or “None” where applicable. If the Bidder is a corporation, the President shall execute the bid. In the event that the bid is executed by anyone other than the President, a certified copy of that section of the corporate bylaws or other authorization by the corporation, which permits the person to execute the offer for the corporation, shall be submitted. If the Bidder is a partnership, all partners shall execute the bid, unless one partner has been authorized to sign for the partnership, in which case, evidence of such authority satisfactory to the Procurement Officer shall be submitted. lf the Bidder is a sole proprietor, the owner shall execute the bid. A “Partnership” or “Sole Proprietor” operating under an Assumed Name shall be registered with the Illinois County in which located, as provided in the Illinois Compiled Statutes, 805/ILCS 405/1 et seq. SUBMISSION OF BIDS: The Bidder shall be responsible for delivery of bids to the Procurement Services Division before the date and hour set for the opening of bids. Late bids will not be considered and will be returned unopened. All bids must be received in sealed envelopes that have your name and address in the UPPER left corner and the attached label filled in and pasted on the LOWER left corner, Bids mailed “EXPRESS MAIL" must have bid number and due date on the outside of the EXPRESS MAIL envelope. You must allow sufficient time for processing through the County's internal mailroom system, PROPRIETARY INFORMATION: Under the Illinois Freedom of Information Act, all records in the possession of DuPage County are presumed to be open to inspection or copying, unless a specific exception applies. 5 ILCS 140/1.2 One exception Is trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.” 5 ILCS 140/7(1)(g). The County will assume that all information provided to us in a bid or proposal is open to inspection or copying by the public unless clearly marked with the appropriate exception that applies under the Freedom of Information Act, Additionally, if providing documents that you believe fall under an exception to the Freedom of Information Act, please submit both an un-redacted copy along with a redacted copy which has all portions redacted that you deem to fall under a Freedom of Information Act exception. CONTRACT AWARD INFORMATION: The successful bidder will be asked to sign a contract agreement (sample attached). If the bidder wishes to propose terms and conditions or alternative paperwork he must do so as an exception (see exceptions above). Award notification will be sent to the vendor receiving the award via mail, e-mail or fax. Award status can be viewed at www.DemandStar,com. ae BITUMINOUS PAVING MATERIALS #19-014-D0T Page 5 of 27 ===== PDF PAGE 127 ===== [Extraction: OCR (rendered-page OCR)] Response summaries will be available over the Internet at www.DemandStar.com. This summary information will include bids that were delivered by the required bid opening date and time. The above bid status information can also be obtained by contacting the Buyer. END OF INSTRUCTIONS TO BIDDERS ~~ BITUMINOUS PAVING MATERIALS #19-014-DOT Page 6 of 27 ===== PDF PAGE 128 ===== [Extraction: OCR (rendered-page OCR)] GENERAL CONDITIONS ADDENDUM AND SUPPLEMENT TO INVITATION TO BID (ITB): If It becomes necessary or advisable to revise any part of this ITB or if additional data is necessary to enable the exact interpretation of provisions of this ITB, revisions will be provided in the form of an Addendum. If revisions are made after any mandatory Pre-Bid conference, the revisions will be provided only to those Contractors who will have attended the Pre-Bid conference. Addendum information is available over the internet at www.DemandStar.com, Adobe Acrobat® Reader may be required to view this document. We strongly suggest that you check for any addendum a minimum of forty-eight (48) hours in advance of the bid deadline. APPLICABLE CODES AND ORDINANCES; Contractor hereby certifies that all materials used conform to all articles and sections of all current applicable National Building Codes and other relevant construction-related codes. Workmanship and materials shall conform to all local applicable codes and ordinances. CHANGES: The County of DuPage reserves the right to make any desired change in the specifications after the same shall have been put under contract; but the change so made, with the price to be added or deducted from the contract price, therefore, shall be agreed upon in advance between County of DuPage and the successful Contractor. Illinois law requires that changes in excess of $10,000 or extensions greater than thirty (30) days must comply with the Criminal Code, The Procurement Services Division shall issue to the successful contractor a written change order to the original contract; such change orders shall be binding upon both parties thereto and shall in no way invalidate or make void the terms of the original contract not modified by such change. COMMENCEMENT OF WORK: The successful Contractor must not commence any billable work prior to the County's execution of the contract or until any required documents have been submitted. Work done prior to these circumstances shall be at the Contractor's risk. COMMUNICATIONS: In an effort to create a more competitive and unbiased procurement process, the County desires to establish a single point of contact throughout the procurement process. From the issue date of this solicitation, until a contract has been awarded, all requests for clarification or additional information regarding this solicitation, or contact with the County personnel concerning this solicitation or the evaluation process, must be solely to the contact person listed on the cover page of this solicitation. No contact regarding this document with other County employees or officers is permitted unless expressly authorized by the Buyer issuing the solicitation. A violation of this provision Is cause for the County to reject the Bidder’s proposal. If it is later discovered that a violation has occurred, the County may reject any proposal or terminate any contract awarded pursuant to this solicitation. CONFIDENTIAL INFORMATION AND COUNTY PROPERTY: It is agreed that any and all specifications, drawings, or data furnished by County of DuPage shall (1) remain the County of DuPage's sole and exclusive property; (2) be considered and treated by Contractor as County of DuPage's confidential information, and not be copied, reproduced or duplicated in any manner or disclosed to any person or party, except as is necessary in the performance of this contract and (3) be returned upon request. CONTRACTOR PERFORMANCE: The Instructions to Bidders, Bid Form, General Conditions, Special Conditions, Contract Specifications and Attached Exhibits, together with the approved purchase order shall be incorporated in and become terms of the Contract. All items shall be supplied in strict accordance with the specifications. The Contractor's performance under the terms of the Contract shall be to the satisfaction of the County. Failure to comply with any statutory requirements shall be deemed a performance breach. “BITUMINOUS PAVING MATERIALS #19-014-DOT Page 7 of 27 ===== PDF PAGE 129 ===== [Extraction: OCR (rendered-page OCR)] DISCIPLINE: Nothing herein shall be construed to imply that the County of DuPage is retaining control over the operative details of the Contractor's work or the Subcontractor's employee's work, The Contractor is assuming all oversight, and the Contractor is ensuring compliance with safety guidelines. DRUG FREE WORKPLACE: The Contractor (whether an individual or company) agrees to provide a drug free workplace as provided for in 30 ILCS 580/1 et seq. ENDORSEMENTS: Contractor shall not us the name, seal or images of County of DuPage in any form of endorsement to any third- party without the County's written permission. F.0.B.: All goods are to be shipped prepaid, F.O.B, delivered. The total price quoted by the Bidder must be the total cost delivered to the location(s) stated. Bidder must not qualify his bid by stating a F.O.B. location other than such stated location(s). Shipments sent C.O.D. without County of DuPage’s written consent will not be accepted and will at Contractor's risk and expense, be returned to Contractor. Unauthorized shipments are subject to rejection and return at Contractor's expense. FORCE MAJEURE: The County of DuPage shall not hold Contractor liable for an extraordinary interruption of events, or damage of County property, by a natural cause that cannot be reasonably foreseen or prevented; i.e., droughts, floods, severe weather phenomena, et cetera. HOLDING OF BIDS; Bidder may withdraw the bid at any time prior to the time specified as the closing time for the receipt of bids. However, no Bidder shall withdraw or cancel the bid for a period of ninety (90) calendar days after said closing time for the receipt of bids, Unauthorized withdrawal may result in forfeiture of the bld bond, or If no bid bond is required, the withdrawing Bidder shall pay the sum of $1,000.00 as liquidated damages for the County's loss in re-bidding. INDEMNITY: The Contractor shall, at all times, to the extent permitted by law, fully indemnify, hold harmless, and defend the County and its officers, agents, and employees from and against any and all claims and demands, actions, causes of action, and cost and fees of any character whatsoever made by anyone whomsoever on account of or in any way growing out of the performance of this contract by the Contractor and its employees, or because of any act or omission, neglect or misconduct of the Contractor, its employees and agents or its subcontractors including, but not limited to, any claims that may be made by the employees themselves for injuries to their person or property or otherwise, and any claims that may be made by the employees themselves or by the Illinois Department of Labor for the Contractor's violation of the Illinois Prevailing Wage act (820 ILCS 130/1 et seq.). Such Indemnity shall not be limited by reason of the enumeration of any insurance coverage or bond herein provided. Nothing contained herein shall be construed as prohibiting the County, its officers, agents, or its employees, from defending through the selection and use of thelr own agents, attorneys and experts, any claims, actions or sults brought against them. The Contractor shall likewise be liable for the cost, fees and expenses incurred in the County's or the Contractor's defense of any such clalms, actions, or sults. The Contractor shall be responsible for any damages incurred as a result of its errors, omissions or negligent acts and for any lasses or costs to repair or remedy construction as a result of its errors, omissions or negligent acts, The County does not waive its defenses or immunities under the Local Goverment and Governmental Employees Tort Immunity Act, 745 ILCS 10/1 et seq. by reason of indemnification or insurance. LAW GOVERNING: The ITB and resulting contract shall be governed by the laws of Illinois. Bidder agrees to comply with all applicable State and Federal laws. ~ BITUMINOUS PAVING MATERIALS #19-014-DOT Page 8 of 27 ===== PDF PAGE 130 ===== [Extraction: OCR (rendered-page OCR)] LIENS, CLAIMS, AND ENCUMBRANCES;: Contractor warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind. LOBBYIST REGISTRATION: Bidder shall comply with the provisions of Chapter 2, Article IX, Section 2-600, Lobbyist Registration of the Code of DuPage County, Illinois. MSDS: When applicable, Contractor shall furnish Material Safety Data Sheets for their products, in compliance with the Illinois Toxic Substance Disclosure to Employee Act and the "Right-to-Know" law, 820 ILCS 220/0.01 and 820 ILCS 225/0.1, Material Safety Data Sheets, upon award of Contract, shall be submitted to the County Procurement Services Division. MISCELLANEOUS REQUIREMENTS: The County will not be responsible for any expenses incurred by the Contractor in preparing and submitting a Bid. All Bids shall provide a stralghtforward, concise delineation of your capabilities to satisfy the requirements of this request, Emphasis should be on completeness and clarity of content. NON-DISCRIMINATING: The Contractor, its employees and subcontractors, agree not to commit unlawful discrimination and agree to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. PATENTS: Contractor undertakes and agrees to defend at Contractor's own expense all suits, actions, or proceedings in which the County of DuPage, its Officers, agents or employees are made defendants for actual or alleged infringement of any U.S. or foreign letters patent resulting from the use or sale of the items purchased hereunder, Contractor shall inform the County of DuPage whenever infringement will result from Contractor's adherence to specifications supplied by the County of DuPage or by an authorized County representative. Contractor further agrees to pay and discharge any and all judgments or decrees, which may be rendered in any such suit, action or proceedings against the County of DuPage, its Officers, agents or employees therein. PAYMENT: Original invoices must be presented for payment in accordance with instructions contained on the Purchase Order including reference to Purchase Order number and submitted to the correct address for processing. The County shall pay all invoices pursuant to 50 ILCS 505, “Local Government Prompt Payment Act”. Invoices containing charges for work subject to the Illinois Prevailing Wage Act (820 ILCS 130/) are required to be accompanied by the applicable Certified Transcript of Payroll form(s) for acceptance. Payment will not be made on invoices submitted later than six-months (180 days) after delivery of goods and any statute of limitations to the contrary is hereby waived PROTEST: No protest shall be based on a matter or issue which could have been raised as an exception prior to bid opening. Any protest concerning the award of a contract shall be decided by the Procurement Officer. Protests shall be made In writing to the Procurement Services Division and shall be filed within seven (7) business days of final approval and acceptance of the bid by the County Board. A protest is considered filed when received by the Procurement Services Division. The written protest shall include the name and address of the protestor, the ITB number, a statement of the specific reasons for the protest and supporting exhibits. The procurement Officer will respond to the written protest within five (5) days. The Procurement Officer's decision relative to the protest shall be final. Upon receipt of a protest the County may, but is not required to, delay its order under the awarded contract. RESERVATION OF RIGHTS: The County of DuPage reserves the right to reject any or all bids failing to meet the County's specifications or requirements and to waive technicalities. If in the County of DuPage's opinion, the lowest bid is not the most responsible bid, considering value received for monies expended, the right Is reserved to make awards as determined solely by the judgment of the County of DuPage. !n determining the lowest responsible bidder, the County shall take into consideration the qualities of the articles supplied, thelr conformity with the specifications, and their suitability to the requirements of the County and the delivery terms. Intangible factors, such as the Bidder’s reputation and past performance, will also be weighed. ~ BITUMINOUS PAVING MATERIALS #19-014-DOT Page 9 of 27 ===== PDF PAGE 131 ===== [Extraction: OCR (rendered-page OCR)] The Bidder’s failure to meet the mandatory requirements of the ITB will result in the disqualification of the bid from further consideration. The County further reserves the right to reject all bids and obtain goods or services through intergovernmental or cooperative agreements, or to issue a new and revised ITB. Submission of a bid confers no rights on the Contractor to a selection or to a subsequent contract. All decisions on compliance, evaluation, terms and conditions shall be made solely at the County's discretion and shall be made in the best interest of the County. TAX: The County of DuPage does not pay Federal Excise Tax or Illinois Sales Tax. The tax exemption number Is E9997-4551-07. A copy of the exemption letter is available upon written request. TERMINATION, CANCELLATION AND DAMAGES: This contract may be terminated upon mutual agreement of both parties. The County may terminate based on the Contractor's breach or default. Unless the breach or default creates an emergency situation, as determined in the County’s sole discretion, the Contractor shall be given notice and a five (5) day opportunity to correct before the termination becomes effective. If the County terminates this Contract because of the Contractor's breach or default, the County shall have the right to purchase items or services elsewhere and to charge the Contractor with any additional cost incurred, including but not limited to the cost of cover, incidental and consequential damages and the cost of re-bidding. The County may offset these additional costs against any sums otherwise due to the Contractor under this bid or any unrelated contract, If the County of DuPage fails to appropriate funds to enable continued payment of multi-year Contracts the County may cancel, without termination charges, provided Contractor received at least thirty (30) days prior written notice of termination. TRANSFER OF OWNERSHIP OR ASSIGNMENT: The terms and conditions of this contract shall be binding upon and shall ensure to the benefit of the parties hereto and their respective successors and assigns. Prior to any sales or assignments the County of DuPage must be notified and approve the same in writing. VENUE: By submitting a response, bidder agrees that venue for all disputes arising out of the solicitation process, including but not limited to judicial review of any protest decision, will be exclusively in the circuit court for the Eighteenth Judicial Circuit in DuPage County, Illinois and that Illinois law will control. WARRANTY: Complete warranty information detailing period and coverage must be submitted. END OF GENERAL CONDITIONS BITUMINOUS PAVING MATERIALS #19-014-DOT Page 10 of 27 ===== PDF PAGE 132 ===== [Extraction: OCR (rendered-page OCR)] SPECIAL CONDITIONS ACCURACY DISCLAIMER: The Contractor shall thoroughly acquaint himself with the sites for the proposed bid to fully understand the facilities, difficulties and restrictions attending to the execution of the bid. The Contractor will be allowed no additional compensation for his failure to be so informed. JOINT PURCHASING: OTHER TAXING BODIES: Based on County Board Resolution IR-084-76. Would your firm be willing to extend your bid to other taxing bodies in DuPage County such as school districts, townships, cities and villages, etc.? The approximate quantity usage is unknown. YES__X NO State any other requirements that they would have to meet beyond that of our Bid invitation and specification, None NOTE: The County of DuPage would not be involved in purchasing by any other taxing body other than to receive a copy of their purchase order that would reference the County of DuPage contract number. The invoicing and payments would be entirely between the other taxing bodies and the Contractor. If the County of DuPage accepts this bid, the procedure to handle joint purchases would be developed by the County of DuPage with the Contractor and distributed to the taxing bodies by the County of DuPage. END OF SPECIAL CONDITIONS BITUMINOUS PAVING MATERIALS #19-014-DOT Page 11 of 27 ===== PDF PAGE 133 ===== [Extraction: OCR (rendered-page OCR)] INSURANCE REQUIREMENTS Upon notice of acceptance of proposal, the successful bidder shall, within thirty (30) calendar days of said notice, furnish to the Purchasing Agent a certificate of Insurance and provide policy endorsements evidencing specific coverage of the types of insurance In the amounts specified below, Such coverage shall be placed with a responsible company acceptable to the County licensed to do business in the State of Illinois, and with a minimum insurance rating of A:VIl as found in the current edition of A M Best's Kay Rating Guide, All required insurance shall be maintained by the contractor In full force and effect during the life of the contract, and until such time as all work has been approved and accepted by the County. The Contractor is responsible for all Insurance deductibles and Self-Insured Retentions. TYPE OF INSURANCE MINIMUM ACCEPTABLE LIMITS OF LIABILITY 1. | Workers Compensation Statutory ~ 2. | Employers Liability A. Each Accident $1,000,000 B, Each Employee-disease $1,000,000 C. Policy Aggregate-disease $1,000,000 3. | “Commercial General Liability **** A. Per Occurrence $2,000,000 B. General Aggregate 1, General Aggregate- Per project $2,000,000 2. General Aggregate - Products/ Completed Operations $2,000,000 4. | ** Business Auto Liability *“** $1,000,000 AGREEMENT. The service provider shall provide the COUNTY endorsements at the beginning of each ye ar evidencing same. If any policy or coverage is written as "claims made" then coverage must be maintained for 4 years after project completion. At all times during the term of the contract, the Contractor and its independent contractors shall maintain, at their sole expense, insurance coverage for the Contractor, its employees, officers and independent contractors, as follows: NOTE: A) _ Itis the responsibility of Contractor to provide a copy of this PROPOSAL to their insurance carrier. B) It may also be required that the Contractor's insurer and coverage be approved by County prior to execution of the Contract, C) No work shall be started until receipt of Certificate of Insurance. The County of DuPage shall be named as additionally insured on all certificates of insurance. Insurance certificates shall also reference project name and BID NUMBER, Certificates should be faxed (and hard copy mailed) to: DuPage County Procurement Services Division David Williams, Buyer 421 North County Farm Road Wheaton, IL 60187-3978 Telephone: (630) 407-6190 FX: (630) 407-6201 The insurance carrier of the insured is required to notify the County of DuPage of termination of any or all of these coverages, prior to (he completion of any contract, at least 30 days prior to expiration. CHANGES IN INSURANCE COVERAGE The Contractor will immediately notify the County if any insurance has been cancelled, materially changed, or renewal has been refused and the Contractor shall immediately suspend all work in progress and take the necessary steps to purchase, maintain and provide the required insurance coverage(s) and limits. If suspension of work should occur due to insurance requirements, upon verification by the County of the required insurance the County will notify Contractor when they can proceed with the work. Failure to provide and maintain the required insurance coverage(s) and limits could result in immediate cancellation of the contract and the Contractor shall accept and bear all costs that may result due to the Contractors failure to provide and maintain the required insurance. INSURANCE RATING: All of the above-specified types of insurance shall be obtained from companies that have at least an A-VII rating in Best’s Guide or the equivalent. BITUMINOUS PAVING MATERIALS #19-014-DOT Page 12 of 27 ===== PDF PAGE 134 ===== [Extraction: OCR (rendered-page OCR)] SURVIVAL OF INDEMNIFICATION: The indemnification described above shall not be limited by reason of the enumeration of any insurance coverage herein provided, and indemnification shall survive the termination of the Contract. NOTICE OF LAWSUIT: Within 5 days of service of process, the County shall notify the Contractor of any lawsuit involving the indemnification provided for above. Failure to provide such notice shall not relieve the Contractor of its obligation to provide indemnification. However, the County shall be responsible for any additional costs of defense incurred due to their failure to provide such notice within 60 days. CHOICE OF LEGAL COUNSEL: The Contractor shall provide coverage as provided in the contract, If the County, an Employee, or Elected Official is named in a lawsuit then the County retains the right to choose legal counsel subject to the approval of the County and appointment by the State's Attorney of DuPage County. RIGHTS RETAINED: Notwithstanding the foregoing, nothing contained herein shall be deemed to constitute a waiver of any defenses or immunities otherwise available to the County. END OF INSURANCE REQUIREMENTS BITUMINOUS PAVING MATERIALS #19-014-DOT Page 13 of 27 ===== PDF PAGE 135 ===== [Extraction: OCR (rendered-page OCR)] SPECIFICATIONS This bid is to furnish bituminous paving materials for the period April 1, 2019 through March 31, 2020. Orders will be placed on an “as needed” basis. MATERIALS: The materials furnished under this proposal shall meet the applicable provisions of Sections 1030 and 1032 of the Standard Specifications for Road and Bridge Construction, adopted April1, 2016, and any subsequent revisions thereafter. QUANTITIES: : The material shall be loaded into County trucks at the plant site in a minimum quantity of (1) one ton per truck. Quantities shown are approximate, and are intended only to establish unit prices. The County reserves the right to increase or decrease the quantity shown by any amount, and to purchase the materials from any or all bidders at the quoted unit price. PRICES: Prices shall remain firm for one (1) year from date of award, Unit prices quoted shall be F.O.B. County trucks at the plant sites indicated by bidder on the Schedule of Prices. CONTRACT TERM & RENEWAL: This contract shail be effective for a one year period from date of award. The contract shall be subject to three (3) additional twelve (12) month renewal periods provided there is no change in the terms, conditions, specifications and prices and provided that such renewals are mutually agreed to by both parties. In no event shall the term plus renewals exceed four (4) years. BITUMINOUS PAVING MATERIALS #19-014-DOT Page 14 of 27 ===== PDF PAGE 136 ===== [Extraction: OCR (rendered-page OCR)] SMP Cold Patch Specifications The patching material shall be composed of a suitable aggregate, plant-mixed with SMP. The bituminous material shall be available in various grades so that one such grade will enable a stockpile to remain pliable and workable at a temperature of —15 degrees F, The patching material shall be capable of maintaining adhesive qualities in patched areas, which are damp at time of application, and after remaining in an uncovered stockpile for up to 6 months. MATERIALS Preproduction Aggregate: Will consist of a crushed limestone or approved equal, complying with the requirements of ASTM C-136 for stone size #89 or #9 in the following manner: #9 % Passing 100 85-100 10-40 0-10 0-5 ASTM C-88 ASTM C-131 ASTM C-117 ASTM C-127, 128 ASTM C-127, 128 ASTM C-123 ASTM C-295 ASTM C-142 Sieve Size (Metric) 3/8 inch (9.5-mm) Number 4 (4.75-mm) Number 8 (2.36-mm) Number 16 (1.18-mm) Number 50 (300-mm) Soundness Loss (Soldium-5 Cycles): Los Angeles Abrasion Loss: -200 Sieve (By Wash): Absorption: Specific Gravity Other Deleterious Matter Soft Pieces Coal! and Lignite Shale, Chert, Shady Material, etc. #89 % Passing 90 -100 20 - 55 5 - 30 0-10 0-5 12,0% Maximum 40.0% Maximum 2.0% Maximum 1.0% - 2.5% 2.55 - 2.75 3.0% Maximum 1.0% Maximum 2.5% Maximum Bituminous Material: The bituminous material shall be SMP, It shall meet the following requirements: ASTM D-1310 Minimum ASTM D-2170 ASTM —- D95 Maximum ASTM D-402 ASTM D-2171 Poises ASTM D-5 ASTM D-113 ASTM D-2042 Flash Point (Tag Open Cup) Kinematic Viscosity at 60 C (140° F) Water Distillate Test (Volume of original Sample): to 225 degrees C (437° F) to 260 degrees C (500° F) to 315 degrees C (600° F) Residue from distillate at 360° C (680° F) Tests on Residue from Distillation: Absolute Viscosity at 60 degrees C (140° F) Penetration Ductility at 4 degrees C (39° F), 1 cm/min Solubility in Trichloroethylene ~ BITUMINOUS PAVING MATERIALS #19-014-DOT Page 15 of 27 200 F 300-4000 cst 0.2% None 0-5% 0-25% 72-95% 125 425 200 Minimum 100 Minimum 99.0% Minim ===== PDF PAGE 137 ===== [Extraction: OCR (rendered-page OCR)] SMP Cold Patch Specifications COMPOSITION OF MIXTURE The mixture shall consist of an aggregate and a bituminous material conforming to the above, mixed in such a manor as to contain 120 Ibs. of bituminous material per finished ton (6.00%). The approved formula shall have an allowable variation of not more than the following minimum and maximum ranges: Minimum Maximum Job Mix Formula 5.5% (110 Ibs/ton) 6.5% (130 Ibs/ton) By Extraction 3.5% 7.0% PREPARATION OF MIXTURE It may be necessary to heat approved aggregates. When heat is applied, the mixture temperature SHOULD NOT EXCEED 170 DEGREES F. The asphalt shall be heated to a temperature between 150 and 225 degrees F in accordance with the instructions of a Seneca Petroleum Company representative, The mixture shall be mixed until all of the aggregates are uniformly coated. PLANTS AND EQUIPMENT Storage facilities and all equipment used in the preparation of the mixture shall be approved by the appropriate local governing agency. An approved drier shall be available for surface drying the aggregate when needed. The materials for individual batches shall be measured accurately either by volume or by weight, by approved methods and equipment. A batch type mixer of approved design and capacity shall be used in mixing the ingredient materials. However, approval for the use of a continuous mixer of portable pug mill may be given if it can be shown that satisfactory results will be obtained. STRIPPING TEST Immediately after mixing, the mixture shall meet the requirements of ASSHTO T-182, whereby not more than 5% of the aggregate particles shall remain uncoated. HANDLING PRECAUTIONS During the production of SMP Cold Patch, and the production of handling of SMP liquid Asphalt Blend, normal industry-wide safety precautions such as the prohibition of smoking, and any other source of ignition, spark, or open flame, shall be strictly enforced in the vicinity of such operations. BITUMINOUS PAVING MATERIALS #19-014-DOT Page 16 of 2/ ===== PDF PAGE 138 ===== [Extraction: OCR (rendered-page OCR)] v qv Vendors with multiple locations must provide an address, contact and phone number for each yard, where indicated, Plant Location Delivery | Unit | Quantity | Unit Price] Total _| | PLANT LOCATION: ADDRESS: 1555 W. Washington, West Chicago, IL Hma Surface Course, Mix D, | Fob Plant Ton | 100 Sox |e ac an an i ) Writ N70 | SLCC | AMC hl Surface Course, Mix D, | Fob Plant Ton 1100 $ LEO $ Pe Z WHE. 0) L Hma_ Binder Course, ||-19, N70 | Fob Plant Ton 100 $5 eU TS S7aevo| Hma_Binder Course, lI-19, N50 | Fob Plant _| Ton 900 $ si CC_T$ Fe Fad wv Polymerized Hma_ Surface | Fob Plant Ton 30 $ $ Course, Cb ee BLUE UC Mix E, N70 shi Driveway/Private Mix" Fob Plant Ton 30 S43a.c0 18 1D SGCOMC “Ss-1 Asphalt Emulsion Fob Plant 5 Gal 10 Pails |S 2 , * Pails 38-60 ZyxO. 00 58-28 Liquid Asphalt Fob Plant 5 Gal | 30 Pails Syl =p $ ee Pails Ne Bre Sabemne::: Smp Cold Patch Fob Plant Ton 100 $ VJ $ | (See Attached Specifications) INC lexan a Dumping Of Asphalt Grindings | FOB PLANT TON 400 $ 44] a And Clean Concrete ** N 1G | Dumping Of Broken Asphalt FOB PLANT TON 400 $ Ni] a $ ean Total: CONTACT: Tom Murphy PHONE NUMBER: PLANT LOCATION: ADDRESS: 630-293-5570 2200 Graham St., Bartlett, IL CONTACT: Dan Mateja PHONE NUMBER: ADDRESS: — 630-289-6080 CONTACT: PHONE NUMBER: BITUMINOUS PAVING MATERIALS #19-014-DOT Page 17 of 27 ===== PDF PAGE 139 ===== [Extraction: OCR (rendered-page OCR)] CONTRACT ADMINISTRATION INFORMATION: CORRESPONDENCE TO CONTRACTOR: _| REMIT TO CONTRACTOR: NAME ; _ Plote Construction Inc. NAME J 7 CONTACT Dave Verdico CONTACT ADDRESS 1100 Brandt Drive ADDRESS _ - CITY ST ZIP _ Hoffman Estates, IL 60192 CITY ST ZIP Telephone i; 847-695-9300 Telephone FX __ 847-695-9317 FX EMAIL —_|_bids@plote.com EMAIL COUNTY BILLTOINFORMATION: —__ COUNTY SHIP TO INFORMATION: DuPage County Division of Transportation Attn: Kathy Black 421 North County Farm Road Wheaton, IL 60187 Telephone: (630) 407-6892 DuPage County Division of Transportation Sign Shop Attn: Darcie Garza 140 North County Farm Road Wheaton, IL 60187 Telephone: (630) 407-6906 DUPAGE COUNTY PUBLIC WORKS BILL TO DUPAGE COUNTY PUBLIC WORKS SHIP TO Woodridge, IL 60517 Telephone: (630) 985-7400 INFORMATION: —__ INFORMATION: Attn: Magda Leonida-Padilla Attn: Duane Kozak 7900 S Rt. 53 7900 S Rt, 53 Woodridge, IL 60517 Telephone: (630) 985-7400 DUPAGE COUNTY FACILITIES MANAGEMENT BILL TO INFORMATION: ‘DUPAGE COUNTY FACILITIES MANAGEMENT SHIP TO INFORMATION: Attn: Mary Ventrella 421 N. County Farm Road, Wheaton, IL 60187 Telephone: (630) 407-5700 Attn: Mary Ventrella 421 N. County Farm Road, Wheaton, IL 60187 Telephone: (630) 407-5700 { FOREST PRESERVE DISTRICT OF DUPAGE COUNTY BILL TO INFORMATION: FOREST PRESERVE DISTRICT OF DUPAGE COUNTY SHIP TO INFORMATION: Attn: Carla Soria 38580 Naperville Rd, Wheaton, IL 60189 Telephone: (630) 933-7200 Attn: Carla Soria PO BOX 5000 Wheaton, IL 60189 Telephone: (630) 933-7200 DUPAGE COUNTY STORMWATER BILL TO INFORMATION: 7 _ Attn: Jamie Lock 421 N. County Farm Road Wheaton, IL 60187 Telephone: 630-407-6705 DUPAGE COUNTY STORMWATER SHIP TO INFORMATION: Attn: Brian Borowiak 17w440 N Frontage Road Darien, IL 60561 Telephone: 630-327-5838 All unit prices shall be F.O.B. Delivered County trucks at the plant sites indicated by bidder on the schedule of prices (Freight included in price). BITUMINOUS PAVING MATERIALS #19-014-DOT Page 18 of 27 ===== PDF PAGE 140 ===== [Extraction: OCR (rendered-page OCR)] #19-014-DOT BID FORM (PLEASE TYPE OR PRINT THE FOLLOWING INFORMATION) | Full Name of Bidder Plote Construction Inc. _ Main Business Address 4100 Brandt Dr. [SEs Bia AC Hoffman Estates, IL 60192 Telephone Number 847-695-9300 | pac Ranier 847-695-9317 Bid Contact Person Dave Verdico uli hicilasad dverdico@plote.com _ 7 TO: The DuPage County Procurement Services Division The undersigned certifies that he is: | the Owner/Sole Q a Member of the XI an Officer of the Q a Member of the Proprietor Partnership Corporation Joint Venture herein after called the Bidder and that the members of the Partnership or Officers of the Corporation are as follows: Daniel R. Plote (President or Partner) (Vice-President or Partner) _ Janice R. Plote Janice R, Plote (Secretary or Partner) (Treasurer or Partner) Further, the undersigned declares that the only person or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any other person, firm or corporation; that he has fully examined the proposed forms of agreement and the contract specifications for the above designated purchase, all of which are on file in the office of the Procurement Manager, DuPage Center, 421 North County Farm Road, Wheaton, Illinois 60187, and all other documents referred to or mentioned in the contract documents, specifications and attached exhibits, including Addenda No. F , and issued thereto; Further, the undersigned proposes and agrees, if this bid Is accepted, to provide all necessary machinery, tools, apparatus and other means of construction, including transportation services necessary to furnish all the materlals and equipment specified or referred to in the contract documents in the manner and time therein prescribed. Further, the undersigned certifies and warrants that he is duly authorized to execute this certification/affidavit on behalf of the Bidder and in accordance with the Partnership Agreement or by-laws of the Corporation, and the laws of the State of Illinois and that this Certification is binding upon the Bidder and is true and accurate. — = ~~ BITUMINOUS PAVING MATERIALS #19-014-DOT _ Page 19 of 27 ===== PDF PAGE 141 ===== [Extraction: OCR (rendered-page OCR)] Further, the undersigned certifies that the Bidder is not barred from bidding on this contract as a result of a violation of either 720 Illinois Compiled Statutes 5/33 E-3 or 5/33E-4, bid rigging or bid-rotating or as a result of a violation of 820 ILCS 130/1 et seq,, the Illinois Prevailing Wage Act. The undersigned certifies that he has examined and carefully prepared this bid and has checked the same in detail before submitting this bid, and that the statements contained herein are true and correct. If a Corporation, the undersigned further certifies that the recitals and resolutions attached hereto and made a part hereof were properly adopted by the Board of Directors of the Corporation at a meeting of said Board of Directors duly called and held and have not been repealed, nor modified and that the same remain in full force and effect. (Bidder may be requested to provide a copy of the corporate resolution granting the individual executing the contract documents authority to do so.) Further, the bidder certifies that he has provided equipment; supplies or services comparable to the items specified in this contract to the parties listed in the reference section below and authorizes the County to verify references of business and credit at its option. Finally, the Bidder, if awarded the contract, agrees to do all other things required by the contract documents, and that he will take in full payment therefore the sums set forth in the bidding schedule. BID AWARD CRITERIA: Purchase orders for road materials are typically awarded to multiple vendors by multiple departments. The amount of the purchase order awarded to each vendor, as well as the decision to use a certain vendor on a given day considers the following primary factors. e Material Cost * Distance From Plant To Job Site e Material Availability © Travel Time From Plant To Job Site Where unit prices are requested, the quantities stated are approximate only but will be used to determine bid award (See Preparation of Bids Section) Je pot TOTAL BID AMOUNT: $_ 42% 3 72’ Total (in figures) oa - : “ Eueniecs che feavesy Aisi Lhe Jotcrruns Lpitec Aavecy * Doliars and Zee? Cents. (Print or Type) X (cow / [ Ul, ; LC. CORPORATE SEAL (Signature and Title) William T. Madden, Asst. Secretary (If available) BID MUST BE SIGNED AND NOTARIZED FOR CONSIDERATION Subscribed ¥¢ sworn to before me this __ Sth __day of __ March AD, 20.19. (hp } Payee Oe eas My Commission Expires: _/@-/9- 2021 (Notary Pub ANNA MARIA KUSHLAKUS Official Seal Notary Public ~ State of tilinols My Commission Explres Oct 19, 2021 BITUMINOUS PAVING MATERIALS #19-014-DOT Page 20 of 27 ===== PDF PAGE 142 ===== [Extraction: OCR (rendered-page OCR)] VENDOR ETHICS DISCLOSURE The Vendor Ethics Disclosure Statement can be found on the next page and on the County's Internet site under Contractor Forms in the Procurement section. The most current version of the form should always be utilized, There is also another form for additional pages; all pages are Adobe fillable forms. Continuing Disclosure: It is the contractor/vendor’s responsibility to update contribution information on an ongoing basis during the life of the contract. The vendor Is required to submit an updated Ethics Disclosure Statement to the user department any time contributions are made to the Chairman or County Board Members subsequent to the most recent authorized contract action, Failure to Comply: Failure to provide the requested information will at minimum delay awarding of the contract and could result in the selected vendor being disqualified as non-responsive and non-responsible, Providing fraudulent information on the Vendor Ethics Disclosure Statement may result in a Class 3 Felony. Contribution: A gift, subscription, dues, loan, advance, or depasit of money or anything of value, including services, knowingly received in connection with the nomination for election or election of any person to County Office. Multi-year contracts; Those contracts with a duration greater than 12 months require annual updates, to be filed by the vendor with the user dapartment and forwarded to Procurement. The reporting period should be the current and previous calendar years. Prohibited Source: Any person or entity who (i) is seeking official action by the Chairman, County Board member or in the case of an employee, by the employee or by the Chairman or County Board member, or another employee directing that employee; (ii) does business or seeks to do business with the Chairman, County Board member, or employee (ili) conducts activities regulated by the Chairman, County Board member, or employee (iv) has interests that may be substantially affected by the performance or non-performance of the official duties of the Chairman, County Board member, or employee (v) is registered or required to be registered with the Secretary of State under the Lobbyist Registration Act or the DuPage County Lobbyist Registration Act, except that an entity not otherwise a prohibited source does not become a prohibited source merely because a registered lobbyist is one of its member or serves on its board of directors (vi) is a Political Action Committee to which a prohibited source has been contributed. Page 21 of 27 ===== PDF PAGE 143 ===== [Extraction: OCR (rendered-page OCR)] Required Vendor Ethics Disclosure Statement . 3/5/19 Fallure to complete and return this form may result in delay or cancellation of the Date: County's Contractural Obligation, Bid/Contractv/PO#: #19-014-DOT Company Name: Plote Construction Inc. CompanyContact: — Dave Verdico Contact Phone: 847-695-9300 Contact Email: — bids@plote.com The DuPage County Procurement Ordinance requires the following written disclosures prior to award; 1, Every contractor, union, or vendor that Is seeking or has previously obtained a contract, change orders to one (1) or more contracts, or two (2) or more Individual contracts with the county resulting In an aggregate amount at or In excess of $25,000, shall provide to Procurement Services Division a written disclosure of all political campaign contributions made by such contractor, unlon, or vendor within the current and previous calendar year to any Incumbent county board member, county board chairman, or countywide elected offical whose office the contract to be awarded will benefit. The contractor, unlon or vendor shall update such disclosure annually durlng the term of a multl-year contract and prior to any change order or renewal requiring approval by the county board. For purposes of this disclosure requirement, “contractor or vendor” Includes owners, officers, managers, lobbylsts, agents, consultants, bond counsel and underwriters counsel, subcontractors and corporate entitles under the contral of the contracting person, and political actlon committees to which the contracting person has made contributions NONE (check hera) - Ifno contributions have been made a Recipient Donor pana Wa. Sih Wen tans Ine Amount/Value Date Made * | Dan Cronin Plote Construction Inc. Ad Book 200,00 Feb 2019 bd in Cronin Plote Construction Inc. Ad Book 1,000.00 Mar 2018 2. All contractors and vendors who have obtained or are seeking contracts with the county shall disclose the names and contact Information of thelr lobbyists, agents and representatives and all Individuals who are or will be having contact with county officers or employees In relation to the contractor bid and shall update such disclosure with any changes that may occur. Ba) NONE (chack hare) - Ifno contacts have bean made Lobbyists, Agents and Representatives and all Individuals who are Ada} or Will be having contact with county officers or employees In Telephone Emall Une/ relation to the contract or bld * | None * I Acontractor or vendor that knowingly violates these disclosure requirements Is subject to penalties which may Include, but are not limited to, the Immediate cancellation of the contract and possible disbarment from future county contracts, Continuing disclosure ts required, and | agree to update this disclosure form as follows: If information changes, within five (5) days of change, or prior to county action, whichever Is sooner 30 days prior to the optional renewal of any contract Annual disclosure for multi-year contracts on the anniversary of sald contract * With any request for change order except those Issued by the county for administrative adjustments The full text for the county's ethics and procurement policies and ordinances aro available at: hitp://vevew.dupaaccoers/Countytoard/Polictes/ thoreby acknowledge that I Mave recelved, have read, and understand these requirements. Authorized Signature cea /{ Milt, C_ Printecl Name William T. Madden Title Asst. Secretary Date 3/5/19 Attach additional sheets If necessary. Sign each sheat and number each page, Page of (total number of pages) FORM OPTIMIZED FOR ACROBAT AND ADOBE READER VERSION 9 OR LATER PAVING MATERIALS PURCHASE #19-014-DOT Page 22 of 27 Rev 1.1 ANG ===== PDF PAGE 144 ===== [Extraction: OCR (rendered-page OCR)] ram WV-G Request for Taxpayer Gis Font toe 1. Octoote 201 Identification Number and Certification requester, Do not sre Neverca Raves © Go to mww.trn gov/FomnW9 for Instructions and the tatwst information. ment eo the is Plote Construction Inc. feme, f othworl Nan above Pion Oe your Monee sae fobaTy Ruane lm Paquied ox ire Bex Go Het kanve iis ine bea rolloweng maven bora, OF wavecion o singe mentee L2G Mime LLG ms Caunted ath LLC Tate encrvar LLC that Is nat ch 5 Adimen purber, diest #0 apt of sute 1G) Seo Taucbons, 1100 Brandt Drive Enter your TIN In tha appropriate box. Tho TIN provided must maicn the narne giv on ine 1 to avoid peckup watnoldiig, For Inciviguals, tie 1s genpralty your social security cumnoer (SSI), Horwover, for & $00 the Instructions tor Part 1 lular, For other IN). Ifyou do not have A number, fo8 Ho; fo gota redident aten, sole proprator, of disregarded en! ereitios, {tli YOLr eciplaper dentitcation numbor (| Tit, tater. Not: If the account ts in more than one Name, see the instructions for line 4. Also sea What Naina ends [Employer tientacabon nomer | umber To Give tha Requester tor guidelines on whose number to enter. Under penaioes of perjury, lcertiy Tat 1, The number snown on ints form Is my correct Laxpaynr ioanziication numoar (oc am wut 2 | 0n Not Subject to backup werholding because: (a) ) aM e@xccenps froth backup withho'd Soevice (AS) Tat tam wc{oct to backup wihhncidirg as a reat of a fallize to report. ar int no eager subject to backup withholcing: and 3. 1am a US, catzen oF otner U.S. person (detned belo); and 2 Chace appropriate bex Ine tedorn! tat clantifcation of The person micas nama & ortarad on lina 1, Check only ona of ihe Olccopein Wsceprsin () eurmenng 0 trunnetate CD) tinted tasieny company, Enter he tat casatteaien (C~C corporation, 8-8 corporatian. I= Partnerntdpy br Note: Cnsck tha appeopriicie fox i the ane nbave for tha tax Diet icatON of he mghe Pom ihe tener unkes ihe cure ce ine tC tt Tom tha owner Ine U2, faduewl tax purpoaes, Ctherwinn, « ungio mabe LLG that] OA WA Ws Giroger oid rom Tha Gwnar should chock Ihe approgrista box for Ihe Lx CataManton Df ht owns. 4 Exam edructiana on page 3 Eewnge payen coda (ft any) mariner cwrer Oo pot check xm puon trom FATCA regesting: Pew rs wetter sve MB Roquaiors nan and adarcsa pipuons) ILL B Je] 2b [1 [a] fo 2 tor 8 Purre to be Issuec to mes and Ot (0) | have not been notitied Dy ine internal Revere OF OMdeNds, Of (C) INE HS Mas Noted me trat tam 4, The FATGA coves) entered on thes torn (tang) Indicating that 1 em exempt tom FATCA reporting (a caret. Certification instructions. You must cross cut Tem 2 above If you have bee nebted by the IRS inat you ere currectly subject tp buckup Rethhording because ou Mave fasted to report ali inerest and cviderkts on your tax relurn, For fowl estate Ensactiins, fem 2 Gows hol apply, For morgage (terest pak, SoQusttion of abardorenent of secured proparty. = I, CAN CANON Of COO1, COctrDIdiors 19 an incivisual retirement ara a (IRA), aret geeora .payrnert See the instructions for Part tl an 2 5 atau Section references are fo the Internal Reverue Code unless otneretse Noted. Future developments, For the latwat treermation about dewaxepments rotated to For W-9 and Ra Instructons, auch ns legslation enacted ator Duly were pubtsned, go lo www. irs gaviFevrn V9. Purpose of Form An individual or (Form W-9 requester wn 's reqqured to Nie an Infornation retum wen the IRS must ottain your correct taxpayer Identitcation number (TIN) whict may be your soca’ security Fumter pec Indivicual taxpayer identitcation number (ITN), adoption kioitacation number (ATIN), oF empkcyer Identification number (Ee), ag. 10 report on an Informaten return thy amount paki to He to other ameunt on an Information retum, Examipies of | (OTLETYS Include, DLA are Not Ilineted to, Ue follomiry + Form 1099-INT (interest camned oF patd) im, Ai aa datar 3/5/19 io 10US-DAV (dividends, Incluang those from siocks or mutual * Form 1099-MISC {vasious Types Of incom, prizes, ewarcs, cy groan propeeds) s Fort 1039-3 (stock or Mulual fund sales and certa’n other irarsactors by crocars) + Form 1000-3 [proceeds Trom real outate tursactions) + Form 106% [merchant card and tnira pany network transacone) « Form 1006 Mone mevigage Nberest). 109G-f (stucerit en Inmierest}, 1038-T Quitiony ‘ 7 « Form 1000-C (uancelud debt) + Form 1092-A (scquinivcn or abancermant of secures proparty) Une Form W-9 Only you are 8 ULS, parce (Incsucing 2 nesigant alten), 1p provicn your correct TIN, (hyo do Not relum Form Wea to the requester wit a TIN, you might pe munyedt fo backup withhatting. See Wriat Ii backup withtokang, ‘Cat No. Foun w-0 (Me, 10-2016) PAVING MATERIALS PURCHASE #19-014-DOT Page 23 of 27 ===== PDF PAGE 145 ===== [Extraction: OCR (rendered-page OCR)] REFERENCES The bidder must list at least three (3) references, listing firm name, address, telephone number and contact person to whom they have provided similar equipment, material or services for a period of not less than six (6) months. Additional references may be required. | COMPANY NAME: Village of Streamwood ADDRESS: 301 E. Irving Park Rd. Streamwood, IL 60107 _ | CONTACT PERSON: __|___Matt Mann _ TELEPHONE NUMBER: “l 630-736-3850 COMPANY NAME: City of St. Charles ADDRESS: 2 E, Main St. St. Charles, IL 60174 CONTACT PERSON: . 7 Mark Koenen TELEPHONE NUMBER: 630-377-6978 COMPANY ¢ "| iki Village of Bartlett AODRESS: —_ 228 S. Main St. 7 | Bartlett, IL 60103 CONTACT PERSON: Paul Kuester R: TELEPHONE NUMBE 630-837-0811 ; 7 ii p COMPANY NAME Village of Hanover Park ADDRESS: 2121 W. Lake St. _ Hanover Park, 1L60133 | IN: Senn eae Howard Killian ; _ _ TELEPHONE NUMBER: 630-372-4441 icimmaigaca! PAVING MATERIALS PURCHASE #19-014-DOT Page 24 of 27 ===== PDF PAGE 146 ===== [Extraction: OCR (rendered-page OCR)] illinois Department of Transportation Certificate of Eligibility Plote Construction, Inc. ContractorNo 4813 1100 Brandt Drive HOFFMAN ESTATES, iL 60192 (ist Revision) WHO HAS FILED WITH THE DEPARTMENT AN APPLICATION FOR PREQUALIFICATION STATEMENT OF EXPERIENCE, EQUIPMENT AND FINANCIAL CONDITION IS HEREBY QUALIFIED TO BID AT ANY OF DEPARTMENT OF TRANSPORTATION LETTINGS IN THE CLASSES OF WORK AND WITHIN THE AMOUNT AND OTHER LIMITATIONS OF EACH CLASSIFICATION, AS LISTED BELOW, FOR SUCH PERIOD AS THE UNCOMPLETED WORK FROM ALL SOURCES DOES NOT EXCEED SUPER UNLIMITED 001 EARTHWORK . Unlimited 002. PCC PAVING Untimited 9003 HMA PLANT MIX Uniinited 2 ORAINAGE $4,775,000 7 CONCRETE CONSTRUCTION $12,675,000 2 COLD MILL.PLAN. & ROFOMILL $21,350,000 084 AGGREGATE BASES & SURF. (A) $20,125,000 415A COVER & SEAL COATS (A) $1,075,000 THIS CERTIFICATE OF ELIGIBILITY {S VALID FROM 5/11/2018 TO 4/30/2019 INCLUSIVE, AND SUPERSEDES ANY CERTIFICATE PREVIOUSLY ISSUED, BUT [S SUBJECT TO REVISION OR REVOCATION, IF AND WHEN CHANGES IN THE FINANCIAL CONDITION OF THE CONTRACTING FIRM OR OTHER FACTS JUSTIFY SUCH REVISIONS OR REVOCATION. ISSUED AT SPRINGFIELD, ILLINOIS ON 6/11/2018. in Engineer of Construction ===== PDF PAGE 147 ===== [Extraction: OCR (rendered-page OCR)] SAMPLE CONTRACT AGREEMENT CONTRACT # 19-014-DOT BETWEEN [CONTRACTOR] AND THE COUNTY OF DUPAGE THIS AGREEMENT is entered into this day of , 20__, between the County of DuPage, Illinois a body corporate and politic, located at 421 North County Farm Road, Illinois, 60187-3978 (hereinafter referred to as the COUNTY), and , licensed to do business in the State of Illinois, located at i ‘ (hereinafter referred to as the CONTRACTOR), RECITALS WHEREAS, the COUNTY requires the goods and/or services specified in Bid #19-013-DOT for its Department of Transportation, located at the DuPage County Center, 104 North County Farm Road, Wheaton, Illinois 60187; and WHEREAS, the CONTRACTOR Is the vendor selected pursuant to the bid process and is willing to perform under the terms of the Bid and this Contract. NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the parties agree that: 1.0 CONTRACT DOCUMENTS | This Contract includes all of the following component parts, all of which are fully Incorporated herein and made a part of the obligations undertaken by the parties: 1.1.a Bid Invitation 1.1.b Project Information 1.1.c Instructions to Bidders 1.1.4 General Conditions 1.1.e Special Conditions 1.1.f Insurance/Bonding Requirements and Certificates 1.1.g Bid Form (including Certification/Proposal, Signature Affidavit including Proposal Pricing) 1.1. Specifications (including any addenda, interpretations and approved exceptions) 1.1.5 Exhibits 1.1 County Purchase Order 1.2 All documents are or will be on file in the office of the Procurement Services Division, DuPage Center, 421 North County Farm Road, Room 3-400, Wheaton, Illinois 60187. 1.3 In the event of a conflict between any of the above documents, the document control from top to bottom; i.e., “a” controls over “b”. 2.0 DURATION OF THIS CONTRACT 2.1 Unless terminated as provided in (he Bid Invilation, the term of this Contract shall be a one (1) year period beginning on April 1, 2019 and continuing through March 31, 2020, 2.2 The Contract term is subject to renewal according to the Bid Invitation Specifications, 2.0 In no event shall the term plus renewals exceed four (4) years. 3.0 TERMINATION 3.1 Except as otherwise set forth in this AGREEMENT, either party shall have the right to terminate this AGREEMENT for any cause or without cause thirty (30) days after having served written notice upon the other party, except in the event of Vendor's insolvency, bankruptcy or receivership, in which case termination shall be effective Immediately upon receipt of notice. 3.2 Upon such termination, the liabilities of the parties to this AGREEMENT shall cease, but they shall not be relieved of the duty to perform their obligations up to the date of termination, or to pay for deliverables tendered prior to termination. There shall be no termination expenses. PAVING MATERIALS PURCHASE #19-014-DOT _ Page 25 of 27 ===== PDF PAGE 148 ===== [Extraction: OCR (rendered-page OCR)] 4.0 5.0 6.0 7.0 8.0 9.0 3.3 Upon termination of this AGREEMENT, all data, work products, reports and documents produced, because of this AGREEMENT shall become the property of the COUNTY. Further, Vendor shall provide all deliverables within fourteen (14) days of termination in accordance with the other provisions of this AGREEMENT. BID PRICES AND PAYMENT 4.1. The Contractor shall provide the required goods and or services described in the Bid Specifications for the prices quoted on the Bid Form, 4.2. The County shall make payment pursuant to the Illinois Local Government Prompt Payment Act, except that no payment shall be approved where the Contractor has failed to comply with certified payroll requirements of the Illinois Prevailing Wage Act or Davis Bacon Act. AMENDMENTS §.1 This Contract may be amended by mutual agreement. 6.2 All amendments will conform to State of Illinois Statutes and County procedures for Change Orders. CONTRACT ENFORCEMENT — ATTORNEY’S FEES 6.1 If the County is required to take legal action to enforce performance of any of the terms, provisions, covenants and conditions of this Contract, and by reason thereof, the County is required to use the services of an attorney, including the States Attorney, then the County shall be entitled to reasonable attorney's fees and all expenses and costs incurred by the County pertaining thereto and in enforcement of any remedy, including costs and fees relating to any appeal. SEVERABILITY CLAUSE 7.1 If any section, paragraph, clause, phrase or portion of this Contract is for any reason determined by a court of competent jurisdiction to be invalid and unenforceable, such portion shall be deemed separate, distinct and an independent provision, and the court's determination shall not affect the validity or enforceability of the remaining portions of this Contract. GOVERNING LAW 8.1. This Contract shall be governed by the laws of the State of Illinois both as to interpretation and enforcement, Venue for all disputes will be exclusively in the circuit court for the Eighteenth Judicial Circuit in DuPage County, Illinois and that Illinois law will control. ENTIRE AGREEMENT 9.1. This Contract, including the documents listed In 1.0, contains the entire agreement between the parties. 9,2 There are no covenants, promises, conditions, or understandings; either oral or written, other than those contained herein. IN WITNESS WHEREOF, the parties set their hands and seals as of the date first written above. COUNTY OF DU PAGE, ILLINOIS [CONTRACTOR] By: e BY niscconsteciseecrinaetinaiiucinu JIM MCGUIRE AUTHORIZED SIGNATURE PROCUREMENT OFFICER TITLE PAVING MATERIALS PURCHASE #19-014-DOT Page 26 of 27 ===== PDF PAGE 149 ===== [Extraction: no text detected] [No text detected on this page; page may be blank, photographic, or graphical.]