The URL can be used to link to this page

Home My WebLink About5.4 Motion to Accept Bid Results for Parkway Stump Removal Contract in an Amount not to Exceed $54,5252/20/2018 BoardDocs® Pro Agenda Item Details Meeting Feb 20, 2018 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m. Category 5. CONSENT AGENDA Subject 5.4 Motion to accept bid results for Parkway Stump Removal Contract in an amount not to exceed $54,525. Type Action (Consent) Preferred Date Feb 20, 2018 Absolute Date Feb 20, 2018 Fiscal Impact Yes Dollar Amount 54,525.00 Budgeted Yes Budget Source General Fund Recommended Action Accept the lowest cost, responsive bid for the 2018 and 2019 Parkway Stump Removal Contract in an amount not to exceed $54,525. Staff also recommends that the Village Board authorize staff to extend the contract for one (1) additional year at 2019 bid prices if both the Village and contractor agree to terms. Background Sealed bids for parkway tree stump removals 2018-19 were opened on February 5, 2018. This contract requires grinding tree stumps to a 10" - 12" depth, removing the grindings, and restoring the area with topsoil and grass seed. Staff anticipates that approximately 500 stumps will need to be ground each year. Bid Results Six (6) local area firms were invited to bid. In addition, a separate "Bid Notice" was published in a local newspaper, and the bid was placed on the Village's website and Onvia On Demand bid clearinghouse website. A mandatory pre-bid meeting was held on January 30, 2018, which ten (10) prospective bidders attended. Seven (7) sealed bids were received, and one (1) no bid letter. A copy of the bid document is attached. Bid results were as follows: Bidder ................................................................................................................................................................................................................................................................................................................................................................................................. 2018 Price 2019 Price Total Bid Steve Piper and Sons $54,525 $56,125 $110,650 Landsca e Conce is Mana ement $65,255 $65,250 $130,500 Flecks Landssap!99 $71,200 $71,200 $142,400 Trees R Us, Inc. ................................................................................................................................................................................................................................................................................................................................................................................................. $81,000 $81,625 $162,625 Gabriel's Landssap!99 $86,500 $90,500 $177,000 Kramer Tree Specialists $152,000 $152,000 $304,000 Winkler s Tree Service $157,920 $157,920 $315,840 Discussion The apparent lowest cost bidder is Steve Piper & Sons, Inc. of Naperville, Illinois (Piper). Piper has performed this type of work for the Village in the past on four (4) separate contracts including 2007, 2008, 2009, and 2013. All of their work has been satisfactory and timely. In addition, Piper has completed similar contracts for the City of Naperville, Darien, Lisle, and Bensenville. Reference checks with these communities indicate that all of their work has been acceptable. It is the opinion of staff that Steve Piper & Sons is qualified and capable to successfully execute this proposed contract. A copy of Piper's bid submittal is attached. https://www.boarddocs.com/iI/vomp/Board.nsf/Public# 1/2 2/20/2018 BoardDocs® Pro Piper's bid price is 17% reduction in when compared to 2017 rates for similar work. The contract documents include a provision which allows the contract to be extended for a third year at 2019 bid prices, if both the contractor and Village agree. Alternatives 1. Accept lowest cost, responsive bid for 2018 and 2019 Parkway Tree Stump Removal Contract. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the Village Board accept the lowest cost, responsive bid for the 2018 and 2019 Parkway Stump Removal Contract in an amount not to exceed $54,525. Staff also recommends that the Village Board authorize staff to extend the contract for one (1) additional year at 2019 bid prices if both the Village and contractor agree to terms. contract tree stump.pdf (2,466 KB) All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There will be no separate discussion of those items unless a Board member or member from the audience so requests, in which the item will be removed from the Consent Agenda and considered in its sequence on the agenda. https://www.boarddocs.com/il/vomp/Board.nsf/Public# 2/2 EXHIBIT A (Upon award of contract, to be attached to PARKWAY STUMP REMOVAL CONTRACT 2018- 2019 as Exhibit A) Bid Proposal Form Village of Mount Prospect PARKWAY STUMP REMOVAL CONTRACT 2018m2019 OWNER INFORMATION Owner Name: Address, Business Name: Business Address: Home Phone: I L ft- 0- IL <S Qv� vv%.yvx N�)Z 5C)�6 Business Phone: This Business is a: F-1 individual Proprietorship F-1 Joint Venture F-1 Partnership 9 Corporation If applicable, give names and addresses 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 7NO If yes, explain in full detail on a separate sheet of paper. Does the business currently ho d a license or have a contract with any other municipality for service? YES F -I NO 21 February S, 2018 t►ev a Pipe- & Sons, Inc. lrrrmo VNFI 4M 31 W 320 Ramni D iix-eNaperville, Uhno is 60564 Phone: (630) 898-6450 Fax: (630) 898-6191 The following are municipal contracts that Steve Piper and Sons has currently in progress City of Naperville Tree trimmillg Tree removal Brush collection curb side City of West Chicago Tree maintenance 2018 Village of Lombard Tree trimming City of Bensenville Tree removal Village of Lisle Tree removal Tree trimming Village of Clarendon Hills Tree removal Tree trimming City of Oak Lawn Tree removal Village of West Dundee Tree removal Tree trimming 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. In submitting this Proposal Form requesting award of the Village of Mount Prospect PARKWAY STUMP REMOVAL CONTRACT 2018-2019, 1 hereby certify that: 1. I will not assign or subcontract any contracted work or services for the Village without prior written approval of the Corporate Authorities of the Village of Mount Prospect; 2. Neither 1, 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 5133E-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 seqj; 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et , 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. 22 BID FORM PARKWAY STUMP REMOVAL CONTRACT 2018-2019 Village of Mount Prospect Department of Public Works FROM: (hereinafter called "Bidder") TO Office of the Village Manager, 3'd Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") PARKWAY STUMP REMOVAL CONTRACT 2018-2019 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 Bid Packet Information Instructions for Bidders Specifications General Conditions Proposal Form Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet Contract Document Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools, equipment, and services (including all utility and transportation services) required to perform the required services, all in accordance with the above listed documents. Bidder agrees to perform all of the required services and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all requested services. The Bidder acknowledges it understands all the requested services for which it has submitted a bid. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the required services as incidental to the fixed item price for each item proposed. 25 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 the PARKWAY STUMP REMOVAL CONTRACT 2018-2019, 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 PARKWAY STUMP REMOVAL CONTRACT 2018-2019. Name of Company C -� - S Bid Submitted By Position in CompanyZ-6t C4ii&Jk--F Date Bidder must use the official firm name and authorized representative must sign. 23 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, 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 40 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 any required bonds or letter of credit and certificate of insurance to the Village within ten (10) business days. The Village will then issue a written Notice to Proceed. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bond(s), or taking such other action as may be available. Security in the sum of ten (10%) percent of the amount bid for 2018-2019 in form of (check one): Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". . 26 In addition to Exhibit A (Bid Proposal Form), this Bid Submittal contains the following: 1) Bid Form 2) Affidavit —Bid Certification Form 3) Bid Security 4) BID SHEET(S) 5) List of required references and equipment Respectfully submitted: Name of Firm/Bidder: 'wo By: �s (Signature) Title: Date: � � 5 � ( g Contact Information: Official Address: Vj S a 0 k a M VVI 4 g2lF, fz.�j e. I Telephone: Cp30 2,9f3 C�o5n Email: � T -C- V E (-4s) 0 ONE (1) SIGNED COPY OF EXHIBIT A (BID PROPOSAL FORM), THIS BID FORM AND BID SHEETS ALONG WITH THE AFFIDAVIT - BID CERTIFCATION FORM, REQUIRED REFERENCES AND EQUIPMENT, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. 27 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)9 every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (111) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (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 ies th all information contained in this Affidavit is true and correct. Signed by: Title: L-oez-o-tcleoiT $im ionatu,re Name Printed: E. 7t C>t=" V, I Signed and sworn to before me this day M My c ission expires: My c NotaI' OFFICIALSEAL SHERRIE L SHIELDS NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES -.12/02/19 30 w �1 f� FIA :a ;� AFFIDAVIT — BID CERTIFICATION FORM Bidder: Company/Firm Name: 4171,,3U V, Address: 41 V/ 3i� C) -V4 VAM- o --Lr. L �Oe-x�Co4 As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of perjurv-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 11 Bid Riaoina and Rotatin 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. ^ Am Section III Drug Free Workplace The undersigned further states that �.. ` +' (N me of Company) provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1, et seq., and has, to the extent not covered by a collective bargaining agreement that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. Section IV Tax Payment The undersigned further states that = v c is #Vame of Company) 29 BID SECURITY Included with thi2Pid 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 bgreed 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, 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. T"Al SUBMITTED THIS "W000 SEAL (if corporation) DAY OF E(:f- (-.— k R- ') 4 [Z. y 20.Lb 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 31 RAHR�m PARKWAY STUMP REMOVAL CONTRACT 2018-2019 The undersigned herewith submits a bid on the "Parkway Stump Removal Contract 2018- 2019" in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 S. Emerson Street, 3d Floor, Mount Prospect, Illinois 60056, prior to 1:00p.m. on February 5, 2018. SCHEDULE OF PRICES We will perform the services as outlined in the Parkway Stump Removal Contract 2018-2019 for sums as follows: Size Range Total Estimated Bid Price per Inch Extended Cost 2018 (Tree 1313H) Work in Inches * 2018 0-16 2600* $ V7 '30() $ 1 1�'; 2 ,, , 16-2591 31000* $Nlwnm� 6'3 $ e, C) 2699+ 2600* $ $ $ 64 S Z5 26 09 + 2600* Total Extended 2018 Cost Size Range Tree L.D B H) Total Estimated Work in Inches Bid Price per Inch 2019 Extended Cost 2019 0-16 i * 2600 $ 7 $ r it 16-26 3000* $ cjr� $ c-: t" Y71 26 09 + 2600* $ $ A C 0 Total Extended 2019 Cost $ ao GRAND TOTAL FOR 2018+2019 STUMP REMOVAL $ i j0(0-t>Q�* - I 33 Submitted this15 day of r6k aQY 12018. Mark outside of envelope: " PARKWAY STUMP REMOVAL CONTRACT 2018- 2019" 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, February 5, 2018. 4AA t�c) IAX5 Na& of Company/Firm yj tie i r l,�l. r t �' A ss o Company/Film -T Phone: Q* 30 6g6 �U� Date submitted: t> 12018 Also note any exceptions to the specifications. COMPANY OWNER C#T- L kC-, -T U ADDRESS CITY, STATE, ZIP �� '� iO2�. . ....... PHON 2018 SIGNATURE DATE Note: All bids to remain firm for ninety (90) days. Be sure to mark the outside of the envelope, "Sealed Bid for PARKWAY STUMP REMOVAL CONTRACT 2018-2019.1' 34 Steve Piper and Sons Equipment 2018 Number Name Description 1 2000 Ford F550 White 2 2003 Ford F550 -02 White 3 2003 Ford F550 -03 White 18 2005 Chevy Tahoe Dan 1998 Chevy 2500 PU Maroon 2003 Chevy 250OHD PU White 2007 Ford F150 A Ron XXX 2012 Honda Pilot Steve 2011 F150 Ford White 6 1992 IH 4700 Truck Chip truck 8 1995 IH 4700 Truck Chip truck 5 1988 Mack Chip truck 7 1996 IH Chip truck 10 1992 IH 4700 Truck Chiq truck 17 2001 IH 4900 Truck Cream '14 1995 Peterbilt log truck 16 1998 IH F8100 semi 18 2003 Mack semi 2002 Mack semi XXX CIVIC C7500 Altec 755 2003 IH 4300 Altec 9 1996 IH 4700 Truck Lt. Blue HR 2000 IH 4900 Versalift E -Z Dumper dump trailer 1991 Belshe 22,000 FW trailer w/ sides ;LXX 2004 Trailerman SS Trailer XXX 2010 Beaver Creek Trailer Res. Stump Trailer 2004 Maxi -Dump Black Dump trialer 1963 H ster Low Bo 1998 J -J -N small trailer XXX 2002 Redihaul SS Trailer 1978 Great Dane log loader trailer XXX 1977 East log loader trailer 1978 Hilbilt Dirt Box 2001 McClain WLK FLR Walking 1988 Summit 60cy Box Flat bed 48 ft flat bed Morbark Model 13 - 01 tow behind chipper Morbark Model 13 - 03 tow behind chipper Morbark 2400XL tow behind chipper Morbark M1 5R tow behind chipper Morbark M15R 12 tow behind chipper Maxi rind #1 grinder Duret HD 10 Tub Grinder Brown Morbark 1300 tub grinder Morgen Sm. Conveyor Belt Morbark 1200 tub grinder XXX EZ Screen Aqui red 2015 Kawaski 3 cy end loader _:,.ase 521D J cy end loader XXX Wacker Mini Loader-36 2c loader New Holland #3 LS 180 Skid Steer Vermeer S600 Mini Skid Ditch Witch 3500 Root Pruner 2004 Komatsu Fork Lift Propane 2003 Komatsu Fork Lift Gasoline 2003 Carlton 4400 Res. Stumper Vermeer SC802 Tow Behind 2013 Carlton 7500 Tow Behind new 2015 Altec 756 Hi Ranger 52ft XXX White Altec Bucket !Versalift 55ft Prentice Loader Pete Clam Barko Loader Blue IH Clam XXX Prentice Loader New Clam 2 Bypass Grapple 3 Butt Grapple SS New Dymax Tree Shear SS Mower SS Grapple Bucket SS Grapple Bucket SS Auger SS Forks SS Hitch Blank Loader Grapple FLECO Mini Skid Lowe Trencher new 2015 00 01 r-- Ln Ln 01 Ln lD l0 r -I c -i rH r -i rH r -I r -I c -i r -I O O 00 O O O O O r -I c -i c --I rl rl c -I rl rl c -i Q QM Q Q Q Q Q Q Q Q� \ r \ \ \ \ N \\ \ \ N N \ N \ Ln W Z Z Z Zr-I Z Z Z Z r -I r -i Zr--1 Z tZ m r� m O r� tet' tet' M r� O O lD O O r -i Ln O rH O (*4 M r-- O lD t�D lD O O O Ln O r -•i Lr) rl m r -i (Z M d' 00 rH N N r� r� 0) 00 N r -I N 00 m I'D M Lr)tr1 N 0) Ol Lr) Lr) M M N Lr) N M r�- O N M o r -I 0) r -I r -I r� O O Ol l0 t\ r� M LI) d' N 00 Lr) Ln r O 00 I�t qzt N N r-- M N r -i 0) M Lr) tet• lD Lr) M lD 01 t\ M M lD to ct t\ (1D a) N 00 0 0 0 0 0 0 O� 00 00 O O 00 O O r6 t M m rn M M M M M ":t O O Mm O M M lt• M m w lD lD lD l0 (D lD lD w r� r lD (1D r� lD lD 00 lD 0 V) Q) C -� O O cn O Ln u - L cn �+ E ca 4-1 - O p v Z = � � � � � � � � 'z3 u v O= _ w Q) Q) S2 O O Y N E> p _0 _ to >, oC O _0 u J _ _ M Q) c . - L U -Y u E -O :3tv cv - u O u L �ccC 1) L > O V C) uj or- U Z 0 M L ki L1) L LLJ G v) m f- Lf) r -I Lr) Ln O O O Ln r -i O O Ln 0 0 0 0 0 0 00 r"{ Lr) O r -i o O Ln O N cV 0 O tet• O Ln O 0 0 (**4 0 0 0 0 M O 0 O 00 r< O L.rn 4 o t\ t\ O O N .4 O L ri O N �t O N O m r1 Ln o0 m M Cr o o m rH r -I o a) o Ln o O M N Ln M 00 ICt O O rH rH N L_ O qlzr O t\ o r -i rn oo lD ct t\ N Mt.0 r -I M N M� O O O r,r O r\ r- N Lr) N N r� Ln M M CY)� N r -I Ln N-- N r -I N N r -I N 0 N N r -i M� f V � .... cn � � �n- •c.� cn- i� � � iJ� i� � O1 t� r -I tn• t!)- t� 0� tn- t� t\ th Z3 •— � C C Q 4A bD bn Q h4 W tw bn w w t _ :5 _ _ > �L2 E -1 � i6 Li i O +-► C C C ♦ J C C C C C C C E Q9 ( L > Q. > Q. Q. Q. O >E E E O E E E E E E E L Q) E 0 � C) � � � ate1 Q1 Ln V) 4-j Ln +�-1 4-- Ln Ln -4- Ln 4-j Ln Ln 4-1 4-j Ln Ln06 C co co 06 co co co 06 06 06 — — — 4!J 4A CZA 11A hA 4A c m m F M C C C C M M C: m m m •E o o o o o E E 'E •E o o 0 •E o o 0 0 E E E E E E E E E E E E E E E E E E E E a a a V ' i Q) Q) 41 Q) w ' L ' i ' i ' L.. Q) Q) Q) 'E Q) Q) Q) Q) ' L. ^N L n of oC DC F- F- F- F- = = D! F- = = = = r-- rw% Ln P%. • w Q) w w w Q) w w w w O N Q) Q) (U Q) QJ Q) Q) Ln m m O a) v a) a) a� a� Q) a� a) a� a� a� a) a) a) a) a) a) a) `n V) > E-4--js L_ a�C° - � = V) LU Q) O O a ++ '> p -� -� 3 m 4-0 4-Ja) _� C: �' O E O U p '� O> A Lu L O (1) M • n 0 O + v L_ cC M 0 V M Z O F-- U 4- O �- O v- O �+- O �+- O 4-- �+- O O �- O �+- O 4- 4-- O O 3 ro p..tko aJ Q. O .— u 4- �- 4-- C w w w w w w w (1) C) Q) aJ � �+- 4- � C W 0 0— C O O O p w b4 tv0 4A bn t1A 4A W ODW OD O )e O . — (A m >` >` >`_ m L >` >` L=+� •L V 2 0 0 0 2 D 5 5 5 5 5 5 5 > 5 > 5 >- 0 0 a V = Mount Prospect Bid Request for Parkway Stump Removal Contract 2018-2019 MANDATORY PRE-BID: Tuesday, January 30,2018— 10:00 a.m. BID OPENING: Monday, February 5, 2018 --1:00 p.m. local time Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 H:\Forestry\WORD\2018\STUMPS\BID-STUMPS 2018 - WORKING.docx 1111191:4 - Bid for Parkway Stump Removal Contract 2018-2019 Sealed bids will be received until Monday, February 5, 2018 — 1:00 p.m. 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 Parkwav Stump Removal Contract 2018-2019" There will be a mandatory pre-bid conference at 10:00 am on Tuesday, January 30, 2018, at the Public Works Department office, 1700 W. Central Road, Mount Prospect, IL 60056. Plans and specifications may be obtained on the Village's website at www.mountprospect or /c/bids 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. Questions about these bid specifications should be directed to Forestry/Grounds Superintendent Dave Hull at 847-870-5640. Village Manager Mike Cassady January 12, 2018 Parkway Stump Removal Contract 2018-2019 Table of Contents Section Paqe Notice to Bidders 1 Table of Contents 2 Bid Packet Information 3 Instructions to Bidders 7 Specifications 11 General Conditions 14 Proposal Form - Exhibit A 21 Bid Form 25 Affidavit — Bid Certification Form 29 Bid Security 31 Bid Sheet(s) 33 Contract - Exhibit B 35 2 VILLAGE OF MOUNT PROSPECT PARKWAY STUMP REMOVAL CONTRACT 2018-2019 BID PACKET The Village of Mount Prospect is seeking proposals for its: PARKWAY STUMP REMOVAL CONTRACT 2018-2019 The Contractor shall provide, at a minimum, the following work: The Village of Mount Prospect is seeking proposals for the removal of tree stumps in Village parkways and other public areas. Tree care companies are asked to submit a price per diameter inch for each size class to remove tree stumps according to the following specifications. Each assignment list will include stumps of varying sizes. The Village reserves the right to add or delete stumps from the list if bid prices are higher or lower than expected or if circumstances require more prompt removal of certain individual stumps than required by specifications (e.g. tree planting crews are due to arrive). Additional stumps may be assigned until November 15, 2018 or until our available funds are depleted. This Contract shall be in effect beginning February 21, 2018 and shall remain in effect until December 31, 2019, unless terminated by either party under the conditions specified in Section 10, Contract Termination. Upon satisfactory completion of the initial two year term of the contract the Contract may be extended for one (1) additional year beyond the termination date by mutual, written agreement between the Village and the Contractor. The Contractor must agree to hold their prices at the same rate as the previous year. The Village reserves the right to re -bid the contract at the end of any contract period. MANDATORY Pre -Bid Conference on January 30, 2018 The Village will hold a pre-bid conference to answer any questions concerning this project. The meeting will be held on Tuesday, January 30, 2018 at 10:00am, at the Village of Mount Prospect Public Works Department, 1700 W. Central Rd., Mount Prospect, IL 60056. All contractors wishing to submit a bid are required to attend the pre-bid conference. If a contractor does not attend the mandatory pre-bid conference and later submits a bid, the bid will not be opened, read or considered. Sealed bid proposals for the removal of tree stumps in Village parkways and other public areas must be received in the Village Manager's Office, at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois 60056, no later than 1:00p.m. on February 5, 2018. Bids arriving after that time will not be accepted. Mailed bids, 3 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. 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 "PARKWAY STUMP REMOVAL CONTRACT -- 2018-2019" and the date of the bid opening. 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 PARKWAY STUMP REMOVAL CONTRACT — 2018-2019 (Exhibit 8). 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. 4 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. 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 "PARKWAY STUMP REMOVAL CONTRACT — 2018-2019" (Exhibit B). The successful bidder will be required to execute the PARKWAY STUMP REMOVAL CONTRACT 2018-2019 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. 5 VILLAGE OF MOUNT PROSPECT INSTRUCTIONS TO BIDDERS To be entitled for 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, including a statement of the items of equipment which the bidder proposes to use on the project. This list of items is to include a statement noting which of these items of equipment the bidder owns, and separately those items which he does not own but is certain he will be able to rent or otherwise procure for use on the project 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 7 to perform faithfully any previous contract with the Village within two (2) years prior to the date of the invitation to bid. 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 bid documents shall submit a written request for interpretation to Dave Hull, 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. E:3 15.AI1 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 all 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 retainage 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 for PARKWAY STUMP REMOVAL CONTRACT 2018-2019", and date of the bid opening. (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. Questions about this Request for Bids should be directed to: PARKWAY STUMP REMOVAL CONTRACT 2018-2019 Dave Hull, Forestry/Grounds Superintendent Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, Illinois 60056 Phone: 847.870.5640 Email: dhull@mountprospect.org 9 SPECIFICATIONS SPECIFICATIONS - GENERAL 1. All stumps are located within publicly owned properties. 2. The Contractor shall consult with the Public Works Director, or authorized representative, concerning the details and scheduling of the work contemplated herein, and shall be governed by the decisions of said Director or authorized representative. 3. All work must be completed to the satisfaction of the Director of Public Works or authorized representative, and any question as to proper procedures will be resolved by same. 4. Contractor shall not sublet any part of this contract to a subcontractor without prior approval by Director of Public Works, submission of proof of insurance as specified in "Insurance and Security Deposits" detailed later in these specifications, and submission of Village of Mount Prospect contractor's license. If a subcontractor is authorized, the Village shall not release Final Payment to the general contractor until the Village receives a Final Waiver of Lien from both the subcontractor and the general subcontractor. 5. All vehicles and equipment shall be clearly marked with company name. Equipment owned by a subcontractor must be identified with the name of the general contractor. 6. This contract is expected to be awarded on February 21, 2018 and work may begin after that date, after all necessary documents are submitted, J.U.L.I.E. locates are obtained and topsoil is readily available, as determined by the Village. Each assignment list must be completed no later than 30 business days from the date the list is assigned. After the initial list is assigned, the Village of Mount Prospect reserves the right to assign additional lists, containing a minimum of 5 stumps per list. The Contractor shall have 30 business days from the date each new list is assigned to complete the additionally assigned stumps. (Business days shall be defined as Mondays through Fridays from 7AM to 7PM excluding the following official holidays of Memorial Day, Independence Day, Thanksgiving Day and the day after, Labor Day, Christmas Eve and Christmas Day.) 7. In order to encourage prompt attention to the stump removal contract, the Village will levy a penalty of $50.00 per day after the stump assignment list due date has passed, until it has been completed. 8. Typically, the Village will assign lists during the Spring, to be completed by May 31St, resuming assigning of lists in late August if weather conditions are favorable. However, the Village may decide to have stumps removed throughout the year depending on workload. STUMP REMOVAL STANDARDS 1. Removal of Tree Stumps — The contractor shall remove all tree stumps and buttress roots to a point 10" —12" inches below the adjacent ground level. Buttress roots shall be followed out from the trunk and ground out until the portion remaining is at least 2" — 3" inches below the adjacent ground level, or is no larger than 2" inches in diameter. Additionally, the Contractor shall remove sufficient subsurface roots and soil as may be necessary to eliminate "humps" in the lawn area adjacent to the stump. The area shall then be restored with topsoil to the level of the adjacent curb and sidewalk. Stumps to be removed shall be 11 designated by the Village Forestry Superintendent or authorized representative 2. Utility conflict - If utilities conflict with the stump location, the contractor will be required to hand -excavate to find the utility before continuing to grind. 3. Disposal of Grindings and Debris — Immediately after grinding, all grindings and debris shall be immediately removed from the curb and gutter, street, sidewalk and private property to eliminate hazards to the motoring public and pedestrians and to eliminate damage to private property. Within twenty-four hours after grinding of a tree stump and buttress roots, the contractor shall remove all stump grindings and associated debris from the site. Removal and legal disposal of debris generated by work described in this contract will be the responsibility of the Contractor. Contractor shall also remove and dispose of any flags left by utility companies who responded to J.U.L.I.E. locate requests. 4. Backfillina — All areas where stumps have been removed and areas disturbed by the tree removal operation including all ruts and divots caused by falling branches, shall be backfilled to the level of the adjoining grade with pulverized black dirt (top soil) the same day grindings are removed; otherwise the site shall be properly barricaded overnight to ensure the safety of the public. All holes must be filled with topsoil by the second day. The Contractor shall supply his own topsoil. All topsoil shall be screened and pulverized. Only quality top soil, free from weeds and debris shall be used. The topsoil shall be properly leveled and mechanically compacted so as to ensure a minimum amount of settlement of the backfill material. (Examples of suitable compaction methods include power rammers or down pressure on Prentice Loader clam. Examples of unacceptable methods include push/pull lawn rollers, vibratory plates and driving vehicles over topsoil.) After compaction, a final 3-4" layer of loose topsoil shall be raked level over the disturbed area. If there is more than a one day delay between the time of removal of grindings and refilling with soil, the disturbed areas shall be barricaded off for public safety and the Forestry Superintendent notified. Grindings (chips) and debris shall not be used as backfill material. On Fridays, Saturdays or the day before a holiday, all holes will be backfilled so as to not leave holes open over the weekend or holiday. 5. Seeding...— All adjacent disturbed areas and areas where backfill material was installed shall be seeded. Seed needs to be lightly raked into the top soil, and applied at a rate not less than 4-5 lbs. per 1000 square feet. All seed shall be supplied by the Village 6. Go -Backs — A Village representative will inspect all finished stump sites for quality. If site is determined to need additional work, the Village will send Contractor a list of Go -backs. These must be satisfactorily completed within 10 calendar days of assignment. 7. Other — The Contractor must not take equipment on to private property without prior consent of the property owner. If edging materials or flowers are adjacent to the stump the following procedures must be taken: Rake and discard small stones from the area to be stumped. Move and place on private property decorative landscape features such as flagstone, landscape timbers, fencing, edging, etc. Groundcover and annual and perennial vegetation within the limits of stump removal may be destroyed. 12 SPECIFICATIONS - OTHER Hours of Work — Village code states that no work shall be done on Sundays or Holidays, or any day before 7:00 a.m. or after 7:00 p.m. Sodded Areas No vehicles of any kind shall be placed, parked, or operated upon or over any sodded areas at any time except as authorized by the Public Works Director or authorized representative. Schools - Around schools, Contractor is requested to schedule work so as to minimize conflicts with regularly scheduled school buses and school related traffic, especially at the beginning and ending of the school day. It is preferred that work is scheduled on days when school is not in session, if possible, as long as other deadlines contained within these specifications are met. Obstruction of Streets and Right -of -Way The Contractor shall arrange to keep sidewalks open for traffic when possible, and block portions of the streets only when absolutely necessary. The Contractor shall schedule work so that the public may have the use of the streets a maximum amount of time. The Contractor is to erect warning signs, traffic cones, arrow boards and furnish adequate barricades, wherever required. Communications/Public Relations — Contractor is required to notify the Forestry/Grounds Superintendent 24 hours in advance of beginning work and to check in daily to report a planned route, progress or work, and problems. Contractor shall at all times endeavor to maintain good relations with the public and respectfully answer questions. Accident Prevention - 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 Public Works Director, or authorized representative, shall be immediately discontinued by the Contractor upon receipt of instructions from the Public Works Director, or authorized representative to discontinue such practice. The Contractor shall abide by all EPA and OSHA safety standards and regulations Damage Repair of all damage done to sidewalks, driveways, curbs, streets, fire hydrants, buffalo boxes, street and traffic signs, light standards or other structures, lawns, other trees, or any other public or private property during the operations of this contract shall be at the Contractor's expense. Repairs or replacements shall be accomplished as soon as possible, but no later than sixty (60) days after the date the damaged has occurred. Note that the Contractor is not authorized to drive equipment onto private property without previous authorization from the property owner. Utility Locates — It will be the bidders responsibility to notify all underground utility companies by contacting J.U.L.I.E. within the time frame required by law. The Village will furnish address lists. (An exception to this procedure may be made in our downtown; in which case Village staff will meet with utility companies on site). Watering Letter — The contractor is responsible for dropping off a letter regarding watering at each property where work was completed. These letters shall be provided by the Village. 13 GENERAL CONDITIONS A. Award of Contract: Performance; Payment 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 any required bonds and certificate of insurance. 2. Upon the Village's receipt of the executed contract, any 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. _Completion Dates For year one, it is expected that this contract will be awarded on February 21, 2018 and remain in effect until December 31, 2019 unless terminated by either party under the conditions specified in Section 10, Contract Termination. Upon satisfactory completion of the initial two (2) year term of the contract the Contract may be extended for one (1) additional year beyond the termination date by mutual, written agreement between the Village and the Contractor. The Contractor must agree to hold their prices at the same rate as the previous year. The Village reserves the right to re -bid the contract at the end of any contract period. If an extension is offered, the contractor will need to inform the Village of his decision no later than December 31St, 2019. Additionally, if a contract is extended, the Contractor shall then be required to submit each year an updated certificate of insurance and proof of Mount Prospect business license or contractor's license. All contract deadlines for years two and three will be one (or two) years later than those listed for year one. 4. Billings for services will be accepted on a semi-monthly basis for all work performed under this contract. The Contractor is requested to submit a price per diameter inch for regular stump removal work. Note that the diameter measurement to be used for payment purposes shall be the trunk diameter of the removed tree, as measured previously at 4.5' above ground. In the case of multi -stemmed trees whose crotch was at or below ground, the diameter of the largest stem at 4-1/2 feet above the ground was used. 5. 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 14 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. 6. 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. 7. 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. 8. 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, acceptable fulfillment of the contract, compensation and the disputes and mutual rights between contractors under the Specifications. 9. 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. 10. 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 15 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. B. Performance of the Required Services 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 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. 16 C. Insurance; Indemnification 1. 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 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 3. Indemnification. The contractor shall indemnify and save harmless the Village, its officers, employees and agents from any and all liability, losses or damages, including attorneys 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 attorneys 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. `F 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, trade secrets, secret process, proprietary rights, patented or unpatented invention, article or appliance furnished or used under the bid Specifications. D. Compliance with Laws 1. 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. 18 d. Preference to Veterans Act. The contractor will comply with the Preference to Veterans Act, 330 ILCS 55, et seq. Non -Discrimination. The contractor will comply with the Illinois Public Works Employment discrimination Act, 775 ILCS 10/1, et seq. g. 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. h. 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, attorneys 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. Work Guaranty 1. Retainage. The Village shall retain 10% from the payment on each invoice. Upon final completion of work that is to be accepted by the Village, and upon the presentation of a final invoice, the Village shall pay the amount it has retained. 2. 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 19 or responsibility for failure to comply with the terms of those contract documents. 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. I 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. go EXHIBIT A (Upon award of contract, to be attached to PARKWAY STUMP REMOVAL CONTRACT 2018- 2019 as Exhibit A) Bid Proposal Form Village of Mount Prospect PARKWAY STUMP REMOVAL CONTRACT 2018-2019 Owner Name: Address: Business Name: Business Address: Home Phone: This Business is a: Business Phone: ❑ Individual Proprietorship ❑ Joint Venture ❑ Partnership ❑ Corporation If applicable, give names and addresses 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 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. In submitting this Proposal Form requesting award of the Village of Mount Prospect PARKWAY STUMP REMOVAL CONTRACT 2018-2019, 1 hereby certify that: 1. 1 will not assign or subcontract any contracted work or 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.); 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seg_), 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. 22 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 the PARKWAY STUMP REMOVAL CONTRACT 2018-2019, 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 PARKWAY STUMP REMOVAL CONTRACT 2018-2019. Name of Company EME33MEM Position in Company Phone No. Date Bidder must use the official firm name and authorized representative must sign. 23 BID FORM PARKWAY STUMP REMOVAL CONTRACT 2018-2019 Village of Mount Prospect Department of Public Works C• 1 (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") PARKWAY STUMP REMOVAL CONTRACT 2018-2019 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 Bid Packet Information Instructions for Bidders Specifications General Conditions Proposal Form Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet Contract Document Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools, equipment, and services (including all utility and transportation services) required to perform the required services, all in accordance with the above listed documents. Bidder agrees to perform all of the required services and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all requested services. The Bidder acknowledges it understands all the requested services for which it has submitted a bid. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the required services as incidental to the fixed item price for each item proposed. 25 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, 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 No. Addendum -Date v 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 any required bonds or letter of credit and certificate of insurance to the Village within ten (10) business days. The Village will then issue a written Notice to Proceed. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bond(s), or taking such other action as may be available. Security in the sum of ten (10%) percent of the amount bid for 2018-2019 in form of (check one): Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". 26 In addition to Exhibit A (Bid Proposal Form), this Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3) Bid Security 4) BID SHEET(S) 5) List of required references and equipment Respectfully submitted: Name of Firm/Bidder: By: _ Title: Date: Contact Information: Official Address: Telephone: Email• (Signature) ONE (1) SIGNED COPY OF EXHIBIT A (BID PROPOSAL FORM), THIS BID FORM AND BID SHEETS ALONG WITH THE AFFIDAVIT - BID CERTIFCATION FORM, REQUIRED REFERENCES AND EQUIPMENT, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. 27 AFFIDAVIT — BID CERTIFICATION FORM 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 11 Bid Riggg-ing and Rotating 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 The undersigned further states that (Name of Company) M is 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; (II) 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 , 20 My commission expires: Notary Public 30 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, 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 , 20_. SEAL (if corporation) 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 31 BID SHEET PARKWAY STUMP REMOVAL CONTRACT 2018-2019 The undersigned herewith submits a bid on the "Parkway Stump Removal Contract 2018- 2019" in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 S. Emerson Street, 3rd Floor, Mount Prospect, Illinois 60056, prior to 1:00p.m. on February 5, 2018. SCHEDULE OF PRICES We will perform the services as outlined in the Parkway Stump Removal Contract 2018-2019 for sums as follows: Size Range Total Estimated Bid Price per Inch Extended Cost 2018 Tree UBH vvorK In Incnes " ZURI 0-15" 2500* $ $ 16-25" 3000* $ $ 2611+ 2500* $ $ Total Extended 2018 Cost -$ Size Range Tree DBH Total Estimated Work in Inches * Bid Price per Inch 2019 Extended Cost 2019 0-15" 2500* $ $ 16-25" 3000* $ $ 26" + 2500* $ $ Total Extended 2019 Cost GRAND TOTAL FOR 2018+2019 STUMP REMOVAL 33 Submitted this day of , 2018. Mark outside of envelope: " PARKWAY STUMP REMOVAL CONTRACT 2018- 2019" 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, February 5, 2018. Name of Company/Firm Address of Company/Firm in Phone: Date submitted: Also note any exceptions to the specifications. COMPANY OWNER ADDRESS CITY, STATE, ZIP PHONE # , 2018 SIGNATURE DATE Note: All bids to remain firm for ninety (90) days. Be sure to mark the outside of the envelope, "Sealed Bid for PARKWAY STUMP REMOVAL CONTRACT 2018-2019." 34 VILLAGE OF MOUNT PROSPECT PARKWAY STUMP REMOVAL CONTRACT 2018-2019 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"). 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 W e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, which states as follows: Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause EQUAL EMPLOYMENT OPPORTUNITY In the event of contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2) That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service. 4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules, the contractor will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5) That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department I 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. 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, 37 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,9) for immediate termination, failure of Contractor to perform any aspect of this Contract properly and/or to provide proper treatment to the general public, in the sole discretion of the Vilage, is cause for immediate termination of the Contract without prior notice. 11. LENGTH OF CONTRACT This Contract shall be in effect beginning February 21, 2018, and shall remain in effect until December 31, 2019, unless terminated by either party under the conditions specified in Section 10, Contract Termination. Upon satisfactory completion of the initial two year term of the contract the Contract may be extended for one (1) additional one (1) year period beyond the termination date by mutual, written agreement between the Village and the Contractor. The Contractor must agree to hold their prices at the same rate as the previous year. The Village reserves the right to re -bid the contract at the end of any contract period. 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 01 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 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. K�1 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 2018. in Attest: Karen Agoranos, Village Clerk Corporate Name: Attest: Secretary (Corporate Seal) VILLAGE OF MOUNT PROSPECT, an Illinois Municipal Corporation Its