Loading...
HomeMy WebLinkAbout6.5 Motion to accept bid for 2020 holiday tree lighting contractItem Cover Page wubject Motion to accept bid for 2020 holiday tree lighting contract in an amount not to exceed $35,F2000 Fiscal Impact Dollar Amount Budget Source Category Type Information Information. September 1, 2020 - REGULAR MEETING OF THE MOUN PROSPECT VILLAGE BOARD - I true $35,200 General Fund CONSENT AGENDA Consent Funding is included in the 2020 budget for contractual installation, and later removal, of white holiday lights on selected Village -owned parkway trees in the downtown area. To facilitate this work, staff has prepared bid specifications to procure contractual performance of the work. The specifications describe a one-year contract, which may be extended for up to two (2) additional one (1) year periods beyond the termination date by mutual, written agreement between the Village and the contractor. To extend the contract, 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. For the 2020 contract, 216 Village -owned trees will be lit. The attached map depicts the proposed project area. liii � J 1111 Fill Pill In, 1 � 46 1 lill­ill1 11 1 light strands is not included in this proposed contract. The contractor will be provided with new strands of lights from existing Village inventory. Generally, new light strands are procured annually by staff at the end of each holiday season when prices are reduced for C.Aearance. Lights strands for the upcoming holiday season were procured earlier this year at .? cost of $9,600. Eight (8) bid invitations were distributed to local contractors. The bid was also placed on the Village's website utilizing DemandStar online bid services. Four (4) sealed bids were opened on August 19, 2020. Bid results are as follows: Vendor Price per Strand 2020 Total Cost* McFarlane Douglass and Companies I $12-80 $ 32,000.00 Kinnucan $14-39 $ 35,975-00 Illuminating Design $27-50 68,750-00 Tiles and Styles Non -Responsive The apparent low cost bidder is McFarlane Douglass and Companies of Burr Ridge,, Illinois. McFarlane Douglass has not performed this type of work for the Village in the past. HoweveG as required as part of the bid submittal, references were provided with their submittal. McFarlane Douglass has completed similar contracts for the Village of Lisle, Highland Park, Hinsdale, and a number of private companies. Reference checks with these communities, and companies,, indicate that all of their work has been acceptable. It is the opinion of staff that McFarlane Douglass is qualified and capable to successfully execute this proposed contract. A copy of McFarlane Douglass"s bid submittal is attached. Tiles and Styles did not complete the required bid form correctly rendering the bile' submittal non-responsive. The cost to install and remove holiday lights in 2019 was $14.75 per strand. McFarlane Douglass current rate represents an approximate 13% reduction in cost compared to last year. 2 Staff recommends in! ! a 10%• ! - project awar! to allow for ,Auantity variances and unanticipated conditions. In this instance., a 100/0 contingency added to the lowest cost bid would result in a total contract award of $35,200-00 i Bid: $32,000-00 • !- $3,200.00 Total Recommended Award: $35,,200.00). Staff recommends that the Village Board accept the lowest cost,, responsive bid for the 2020 Holiday Light• r Removal Contract• -• by McFarlane Douglass and Companies of Burr Ridge,, Illinois in an amount not to exceed $35,200. Staalso recommends that the Village Board authorize staff to cost,execute up to two (2) one (l) -year contract extensions provided the work is performed satisfactorily and McFarlane Douglass agrees to hold prices. Expenditures in 2021 and 2022 will be limited to funding allocated in approved future budgets. Alternatives 1. Accept lowest responsive i r 2020 Holidayr i i Contract, as submittedi in an amount not to exceed $35,200. 2. Action i ion of Village Board. Staff Recommendation Staff recommends that the Village Board accept the lowest cost,, responsive bid for the 2020 Holiday Tree Lighting Contract as submitted by - Douglass anr Companies of !!e, Illinois in an amount notto exceed $35,200.also Villagerecommends that the ! authorize staff to execute r to two one (l) -year contract extensions provided McFarlane Douglass agrees not to raise prices and work is performed satisfactorily. Expenditures in extended terms will be limited to funds authorized in future budgets. 3 ATTACHMENTS McFarlane Douglass Bid Submittal.pdf BID HOLIDAY LIGHTS 2020.pdf HOLIDAY LIGHTS MAP 2018 (002).pdf 143 Tower Drim Buff RkIge, 160527 www.mcfadanedouglass.com BW -339.2900 InfoOmdarlamAougim.com 630-325.2399 Fax !II!!1I IIIIIIq -70 a Holiday Tres Lighting Contract 2020 Mount Prospect Public Works Mr. Douglas Glebei McFarlane Douglass & Co. dngiebel@mcfarianedouglass.com Office: (630) 325-5335 Cell: (630) 514-3017 Fax: (630) 325-2399 71, Overview and history McFarlane Douglass & Companies was founded in 1984 by Douglas Giebel and was created to fill a niche in the Interior Landscape business offering personalized service, unique designs and high quality materials and service. From its humble beginnings in the basement of the ie 1'; family home, the company grew exponentially to what it is today, the 7th ranked interior landscape business in the United States (Source: Interior cape Magazine, 2006). As time when on, McFarlane Douglass & Companies moved into exterior landscaping to fill the landscape requirements of customers with exterior planters and beds. Today McFarlane Douglass has developed into a comprehensive landscaping, interiorscape, and holiday decorating company. McFarlane Douglass Exterior Tree Lighting Displays have no parallel in the industry and we have been chosen for many years to install lights at many of the most iconic public spaces in the Chicago land area such as O'Hare Airport, Midway Airport and Daley Plaza. The quality of our work can be seen as well in many Municipalities and Villages in the suburban area. McFarlane Douglass' installations are guaranteed throughout the season and our crews are highly trained in our trademark way of installing light strands. More than twenty five years of success in the display business is the result of a dedicated team of qualified professionals including designers, engineers, manufacturing department, installation supervisors, installation crew, drivers and riggers. We owe this major achievement to the loyalty of our customers who have honored us with their business throughout the years, and to our solid team of qualified professionals who day after day represent the Company with care and efficiency. McFarlane Douglass takes pride in its accomplishments and it is our goal to serve our customers with the respect and dedication that they deserve. Our warehouse (60,000 qft.) is located at 143 Tower Drive in Burr Ridge, Illinois. We serve the City of Chicago and surrounding counties within a 76 mile radius. X u f � � � , ` ; i 1 3 I E ` � f,- � � �'" «r �r 7 0 Exhibit A - Proposal Form Exhibit B - Contract Exhibit E - Bid Security Exhibit F - Bid Sheet (Attachments A & B) = w in p1welm Mk- * Exhibit I - Minority Business Certificate Oj Exhibit J - Illinois Business License 0 Exhibit K - Illinois Good Standing Cercat,,-.r, 0 Exhibit M - Examples of Exterior Tree Lightin!& oillif Bliidid,-! 11 "Name of firm: McFarlane Douglass & Co Current Street Addr=: 143 Tower Drive Burr Ridge,, IL 60527 MW ............ . . . . . . . . . . . ............. 1"I . . . . . . . . . . . . . . . . .............................. • Website address: r M • SBA cateaorv: NAILS CODE 561730 0 Dunn"s N : 61-557-1627 • Federal Tax ID: 36-3329990 • Minority Status: CeAified as Minority Business by City of Chicago • G�Nraff *Ical c ovet e: Chicago and surrounding areas 0 j: 70 full time and 30 seasonal employees "IdAR/ 9 EXHIBIT A (Upon award of contract, to be attached to HOLIDAY TREE LIGHTING CONTRACT 2020 as Exhibit A) Proposal Form *0~11 Villaae of Mount Prospect -HOLIDAY TREE LIGHTING CONTRACT 2020 OWNER INFORMATION Owner Name: Mr. Dowla Giebel 11 Date Of Birth: 1/05/1949 Address:- 1345 Turvey Road Downers Grove, Illinois 60515 Business Name:B & Business Address-, 143 Tower Drive Burr Rid a Illinois 60527 O� Home Phone, I . ...... (6300 514-3017 Business Phone: (630) 325-5335 This Business is a: 0 Individual Proprietorship ■Joint Venture ■Partnership Corporation If applicable, give names, addresses, and dates of birth of all partners, officers or directors. Name Address Date of Birth Has the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? n 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? FN YES F-1 NO 19 im If yes, explain in full on a separate sheet of paper. Aave 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 RX 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 HOLIDAY TREE LIGHTING CONTRACT 2020, 1 hereby certify that: I will not assign or subcontract holiday light installation or removal 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 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating)); 4*1 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, el ,g) I 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (7`75 ILLS 5/2-101, et se ),and the Rules and Regulations of the Illinois Department of HumanRights, 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. ce 11 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 HOLIDAY TREE LIGHTING CONTRACT 2020, 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 HOLIDAY TREE LIGHTING CONTRACT 2020. Name of Company McFarlane Douglass &.,,,,,Companies Bid Submitted By, Mr. Douglas Giebel Position in Company President I Phone No. 514-3017 Date 8/19/20 Bidder must use the official firm name and authorized representative must sign, RE 12 McFarlane Douglass has recently been awarded the contract for Exterior Tree Lighting for the Village of Hinsdale for the second year. 13 VILLAGE OF MOUNT PROSPECT HOLIDAY TREE LIGHTING CONTRACT 2020 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 —1 an located at Illinois, (hereinafter the "Contractor"). 1. GENERAL As stated in the bid document. 2. SPECIFICATIONS As stated in the bid document. 3. CION'TRACTOR 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 ILLS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 1 LCS 10/1 et seq.); C. Comply with Article 2 of the Illinois Human Rights Act (775 ILLS 5/2-101, et seci.), 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; W- 14 d. Comply with the Americans with Disabilities Act; and e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNI CLAUSE required by the Illinois Department of Human Rights as a mated i 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. W 15 5) That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. 6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. With respect to the two types of subcontracts referred to under paragraph 7 of th Equal Employment Opportunity Clause above, following is an excerpt of Sectio 750.30 of the Department of Human Right's Rules and Regulations for Publi Contracts: I 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. ij. LOG BO 'ORDS & REPORTS REQUIRED I RIEIC I I 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. M im 8. HOLD HARMLESSAGREEMEN1, (CONTRACTUAL LIABILITY) Contractor assumes full responsibility for the acts and omissions of its employees and agents while engaged in performing services under the Contract. Contractor agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save and hold forever harmless the Village, its officers, appointed and elected officials, Mayor and Board of Trustees, employees, volunteers, attorneys and agents from and against any and all liabilities, obligations, claims, losses, damages, penalties, and costs and expenses resulting from any suit, claim, demand, judgment, or cause of action initiated by any person, including Contractor and its officers, officials, employees, subcontractors, volunteers and agents, arising out of, connected with, or in any way associated with the performance of services covered by this Contract or the equipment used in connection therewith. 9", CONTRACTOR'S LIABILIT Y INS 'U'RANCE 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. CONTRACTTERMINATION 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 October 1, 2020, and shall remain in effect until January 31, 2021, unless terminated by either party under the conditions specified in Section 10, Contract Termination. Upon satisfactory completion of the initial one year term of the contract the Contract may be extended for up to two (2) additional one (1) year periods 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. W 17 12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT" REQUEST The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to 0 public records in fine possession of a party with wViioi-n the Viiiaigo, has contracted. The Village will have only a very short period of time from receipt of a FOIA request to comply with the request, and there is a significant amount of work required to process a request Including coilating and reviewing the infu(-rnation. 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 FOLK" ) 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 (inc: ludin but not cirri iced to, attomey'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 Conti act. 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. SEVERAR11,1TY 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 1.,ft.1i.th f,.,h,,e terms and conaflitions of the CoMtract. 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 Ot im 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, ora! o r w r e. n. N amen, d. Ame a er Ing f. or rn o fd. io f i rC..--:..1f icn of this. Contract shall be effective unless reduced to writing and executed by the parties. 19. CO U1"'q1TER-'?r-`/A`RTS This Contract may be executed in several counterparts each of which shall be an origirial and all of w'n"uh shall const"tute but one and the sari-einsturnent. 20. EFFECTIVE DATE The Effective Date of this Contract shall be the date executed by the Village 1- President, and attested 0 . y 'tile "v"I'llage Clerk. In Witness thereof, the said parties have executed and signed this contract on ) 2 0 2U'** - Karen Araganos, Village Clerk Cofpoi-ia ORM-1 Secretary (Corpor=ate Seal) 0 OFFICIAL SEAL FF'C''L SEAL LUCINAA NUNEZ f3 I rNOTARY PU,L,C, STATE OF ILLINOIS WCOM 'IS S UG. M P1 RES, AUG 07�o 2023 51,ON 0 WCOMMISSIONEX VILLAGE OF MOUNT PROSPECT, an Illinois Nlunic;ipal Corporation 0, BY, M im BID FORM HOLIDAY TREE LIGHTING CONTRACT 2017 Village of Mount Prospect Department of Public Works FROM: McFarlane Doug -lass & CoM, anies 143 Tower Drive Burr RLiog iois 60527. ......... . . . .. ..................................... . (hereinafter called "Bidder") TOA- Office of the Village Manager, 3rd Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") HOLIDAY TREE LIGHTING CONTRACT 2020 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 General Conditions and Special Provisions Specifications General Conditions Proposal Form Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet Contract Document Attachment A — Tree Lighting Table 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 ,tocuments. 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. 24 W In submitting this bid, the Bidder understands that the Village reserves the right to add to or subtract from the estimated quantities. The Village intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) business days after receipt. The Bidder, and as successful bidder/contractor upon award of the contract, understands and agrees to the following: 1) The contractor agrees to provide all required services and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The contractor agrees to comply with all applicable federal and state laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces providAd below: ♦ 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 lefting. It shall be the Bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. Upon award of the contract, the Village will send Notice of Award to the successful Bidder, the Bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) business days. The Village will then issue a written Notice to Proceed. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. Security in the sum of one -thousand dollars ($1000) in form of (check one): Bid Bond Certified Check X Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". W 21 1) Bid Form 2) Affidavit —Bid Certification Form 3) Bid Security 4) BID SHEET(S) — HOLIDAY TREE LIGHTING CONTRACT 2020 5) List of required references and equipment Abb Date: 8/19/20 Contact Information: Telephone: % 0391,325-53- -.1, � Email: d nq iebeKOmcfarlanedow lass. co m 9101 22 01-4111 M1 N :J• Company/Firm Name: McFarlane Douglass i. Address: 143 Tower Drive Burr R.idg,e, Illinois 60527 As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of peiJury and possible termination of contract rights and debarment, the undersigned, Dow ebel being first duly sworn on oath, deposes MAW t1as Gi and states that he or she is President (sole owner, partner, joint ventured, President, Secretary, etc.) Of McFarlane Dogglass and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Non-Collusio 9 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 Bild 'iRiaging, andl RotatJM The undersigned further states that McFarlane Doualass & Cqmpanies (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-32 33E-4. Section Ill DrMg-Fre,e6 Wo!tplace The undersigned further states that McFarlane Doualass & CO nies (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 Pavment The undersigned further states that McFarlane Douglass & Com anies Is (Name of Company) M 23 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 H4rassment P21M Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A)7 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 McFarlane Douglass_ & Companies has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILLS 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. 41 The undersigned certli 'that all info rmaAlon contained in this Affidavit is true and correct. Name Printed: Signature na Nunez Title: HR Manager ;.;igned and sworn to before me this 19th day 20 2Q My commission expires: Notary Public W 24 BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of one -thousand dollars ($'1,000) by McFarlane Douglass & Companies, the bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should bidder be awarded the contract for services contemplated under this bid and fail or refuse to execute a contract for the performance of said services, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. -bid SUBMITTED THIS ......19th IMP DAY OF Auaust 20 2Q SEAL (if corporation) McFarlane ou lass& Companies, I Im"M - N ........ ............. . Bidder's Agent and Agent's Title President 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 111.ipgi0 W 25 26 N., Ir coo Z c:) o Am W 0 CCU Ise, TOM rtu c:) 609� r4m co" 26 N., Ir coo ,Ecrr Am W CCU Ise, rtu r4m co" co" PQ 0 cf) rw4m L LWL Lutri 0 LL 0 A-40 ILION cm 0 low LULI CL viol D LD co co - z 0 CO cri LLL Z 0 LWL (D 0 44 >- ow > M a: W LL 0 0 LL TOM vi / Luzkct pd 0 26 HOLIDAY TREE LIGHTING CONTRACT 2020 The undersigned herewith submits a bid on a Holiday Tree Lighting Contract 2020 in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, prior to 1:00p.m. on August 19, 2020. SCHEDULE OF PRICES We will perform the services as outlined HOLIDAY TREE LIGHTING CONTRACT for sums as follows: Bid Price to Install (using the wrapping method) and later remove Lights, Cords and Tees as detailed in specifications. Price per White Incandescent Strand Extended Cost X 2500 strands Total Combined Bid Price for all work in 2020 32,000.00 Submitted this 19th day of, Ay2ust ,, 2020. I'll, ,*0 .......... '- Mark outside of envelope: " HOLIDAY TREE LIGHTING CONTRACT 2,020" and deliver to the Village Manager's office at 50 South Emerson Street 3rdFloor, Mount Prospect, Illinois, 60056, by 1:00 p.m., WEDNESDAY, August 19, 2020. McFadane Doqg!qss & COMPqWS-__ Name of Company/Firm a Phone: .1§10L.514-3017 or L61Q), 325-5335 Kc 27 st In Date submitted: Augu 1. 1.9, 2020 None Mr. Douglas, Giebel COMPANY OWNER 143 Tower Drive Burr Ridg@�J!,Jinois 60527 CITY, STATE., ZIP 0 00 161 ilk-� August 1 2020 DATE Note: All bids to remain firm for thirty (90) days. Be sure to mark the outside of the envelope, "Sealed Bid for HOLIDAY' TREE LIGHTING CONTRACT 2020." 91 w CUMENT HAS AN ARTIFICIAL WA:rERMARK PRINTED ON THE BACK THE FRONT OF THE OFFICIAL CHECK, DOCUMENTHAS A MIORII-PRINT SIGNATURE LINE ABSENCE OF THESE FEATURES 111111 INDICAI'F--- A GOPY ISSUED BY: MO'NE"(GRAM PAYMENT SYSTEMS,'INC. PD, f,,X)X 9476, MINNEAPOLIS, MN 55480 7 0 10 b*47 0' 4 e y'BA41%N'wK` DRAWEE: 8,UFAvo ENA ULA,OK DATE 08/19/2020 ,.emitter NASAW DCLAS AND ASSOCIATES One Thousand Dollars and Zero Cents 49-55 --1. AMOUNT 1031 $1,000.00 DRAWER: BUSEY BANK VILLAGE OF MOUNT PROSPECT R 110 70 10 Fm 7B 4 411 ` 'me LO 3 LOOS S LINNO L ( 00 L 2 M 19 9E111" "gr9w. Me PAR Remitter NASAW DOULAS AND ASSOCIATES ,*One Thousand Dollars and Zero Cents VILLAGE OF MOUNT PROSPECT AMOUNT z1hi 1000.00 :11 w TTACHMENT A TREE LIGHTING TABLE 2019 9M a Tree Puma Location Think Crown es # Of # Dia Spread Strands 10 0 Train Station Ado �q NVVHVVY 10-5 30 [_VVhite As. --- - -- - ----- . . ......... . ........ ............... 26 11 Train Station Along 9.5 29 White Ash 19 12 F:1 Train Station Along NVMW 10.5 31 White Ash 26 13 Train Station Alo!N NWHWY 11 32 White Ash 19 4 Train Station Alon NVVHM g, 9 27 7 White Ash 25 15 Train Station Pqqng NVVHWY 11 31 Ash 1 ff !i White As 18 16 Train Station Alon NWHWY j------- ------------------ - 10 25 White Ash 27 24 West Side ofMa I+a Sit10 .. .. .... 14 Columnar Ma 11 25 West Side of Me breet 4,5 10 Columnar M�& 8 26 West Side of Maple Street 5 9 Oak 3 27 Vilest Side of Maple Street 9 --- 13 . .......... Columnar Maple 18 28 West Side of Maple Street 9.5 16 . . . .......Cc�lurnnar Ma le 17 29� West Side of le Street 0 0 NO TREE 0 30 West Side of M & Street 10 15 TREE TBD 11 31�! West Side of 7 1 20 Crabapple 15 32 —, West Side of M 1 Street 5.5 1 18 C'.' e 9 . .. 33 Northwest Hig 6.5 20l e, - -- ---------------- 1 13 .... ..... 34 Northwest Hi by av 10.5 20 Columnar Maple 16 35 Northwest Hi hen aj 12 16 7cournnar Bila le 18� 36 Northwest Highway 9-5 16 Columnar M2ple 13 37 _,orthwest L Highwa ... 9-5 1 21 Al - ------------ 11 38� Northwest Higqny 9.5 22 NAM CLe!��ale 13 39 Northwest Highway 10.5 32 C ra b a Ilea 11 40 Northwest H!qhway 5 18 1 Yeflowwood 3 41 Northwest HiqLwav - - - ----- ---- 6 . . .... ............ 18 Yellowwood 3 42 i East Side of Emerson 2 7.5 Hackbegy 3 43 East Side of Emerson 2.5 10 Hackben, 3 44 East Side of Emerson 2.5 8 3 45 East Side of Emerson 3-2 11 M!pbeM I.... 5 ...... . 46 East Side of Emerson 5 14 M. abe, Maple 4 47 East Side of Emerson 4.5 12 Mi alae "le 48 East Side of Emerson 4 12 M"be_M_a!P!e 3 49 East Side of Emerson 5 15 M, be Mb #ple 5 50 East Side of Emerson 6.5 12 Tree Lilac 4 51 East Side of Emerson 5 15 Linden 6 52 East Side of Emerson 4.5 11 Linden -- -------------6 53 East Side of Emerson ............ 4 9 Linden 6 54 East Side of Emerson 3.5 6 Linden 6 55 iEast Side of Emerson 2 10 kcust 4 56 East Side of Emerson 3.5 10 linden 6 57 East Side of Emerson 4 9.5 Linden 6 58 East Side of Emerson 5.5 10 Linden 6 59 East Side of Emerson 5 12 Linden 60 East Side of Emerson W4. 5 5.5 14 Linden 6 61 East Side of Emerson 5 12 Tree Lilac 5 62 South Side of Central 2 5H,ar3 . ... ............... 63. South Side of Central 5 M"!jeMle 3 64 West Side of Emerson ................2 4 10.5 22 Pear 16 65 West Side of Emerson 7 15 i Pear 15 66 West Side of Emerson 7-5 19 Pear 14 ------- -- --- 67 West Side Emerson 7.5 18 Pear 20 68 West Side Emerson 0 9 _29 Hone locust 16 69 West Side Emerson 6�1 25 Hone locust 14 .0 .LO West Side Emerson 7 24,111,111, W% 11 l_ 71 West Side Emerson 6 235 Honeylocust 1 72 A North Side of Busse 8 25 Honeylocust 20 73 North Side of Busse 5 18 Honipylocust 10 74 . North Side of Busse JE5.5]E 22E Honeykcust 17 9M a 76 North Side of Busse 4 M' be AAa �Iej 4 76 North Side of Busse 4 11 M!yabe Ma le 'R 5 77 North Side of Busse 10.5 28 White Ash 27 78 North Side of Busse i 2 5 A'1111['11011311 All le 4 79 East Side of 83 . . .......... . . . .... ....... . . . . -8 - ----- ---- --- 27 H2nwjlocust 16 80 East Side of 83 a 25 Hone locust 23 81 East Side of 83 8 28 Hone locust 18 82 East Side of 83 _f 10.5 1 32 Hone locust 23 83 East Side of 83 924 White Ash 16 84 East Side of 83 12.5 32 White Ash 30 East Side of 83 10.5 24 White Ash 17 t85 86 East Side of 83 10.5 25 White Ash 24 87 8 East Side of 83 8 26 Harte 15 88 East Side of 83 1132 . . .................. Hoqa!2cust... 24 89 East Side of 83 f 12 F 31 Hon,lo'cust 19 90 East Side of 83 11 . . ..................... 31 Ylocust ----------------- 23 91 East Side of 83 17-8 1 23 Hack _y ... .... 11 92 East Side of 83 8.5 20 Hackben 8 93 East Side of 83 9 27 Hackbqa . ....... . . ....... 14 94 East Side of 83 7.5 17 Hack berry .......... 15 95 South Side of Central 7 17 Hackben 96 South Side of Central 9 18 Pear ............... . .15 15 97 South Side of Central 9.5 20 Pear 15 ..... 98 South Side of Central 7 14 Pear 15- 99 South Side of Central 9 16 Pear 15 100 South Side of Central 9 17 Pear 15 101 South Side of Central 10-A 19 Pear 15 '02 102 West Side Emerson 8.5 18 M"beM,pple 13 103 1 '3 West Side Emerson 2.5 5 M�fabe Maple 3 104 West Side Emerson 5.5 19 M" abe Maple 8 105 West Side Emersm 5.5 16 M` aloe M le 106 West Side Emerson 6 18 M!be Maple ------ ------------------ -- 6 107 West Side Emerson 4.5— 11 Tree Lilac 8 108 West Side Emerson 5 11 Tree Lilac 5 109 West Side Emerson 110� 29 twnti-0cwt 20 110 North Side of NWHWY 5 16 Linden 6 111 North Side of NWFAW 6,5 12 Linden 6 112 North Side of NWHWY 5 10 linden 6 113 North Side of NWHWY 5 I 10 Linden 6 114 North Side of NWHWY 2 5 3 115 North Side of NWHWY 4.5 11 Linden 6 116 North Side of NV*M 5 13 linden 6 117 East Side of 83 9 18 Linden 6 118 East Side of 83 9 17 Linden 119 South Side of Busse 2 8 GiNp 3 120 South Side of Busse 1.5 10 Gi 3 121 South Side of Busse 3.5 9 G L*m 3 122 South Side of Busse 3.5 10 Gin4o, 3 123 South Side of Busse 5 7 Ginkgo 3 124 West Side of 83 9.5 21 Had(be" 13 125 West Side of 83 8 Hackberr y ------- ------ 15 126 West Side of 83 12 31 White Ash 19 127--oi West Side of 83............... ... ....... 2 7 TUI Tree 4 128 West Side of 83 10.5 28 White Ash 19 1 129 West Side of 83 12 31 - - ----------- --White Ash 26 F1:3 :Q....- West Side of 83 6 20 FMaple 8 131 West Side of 83 11.5 29 White Ash 16 132 West Side of 83 ............ 4 10 I Gintqo 4 133.- -West Side of 83 4 12 Gink2o 4 134 West Side of 83 4 10 Gi!!2te'. ------ 3 173L South Side of Pros Ave 14.5 37t i 47 174 South Side of Pros Ave 2 5 . .... ........... . !12nlocust 4 175 South Side of Pros Ave 3.5 19 Han locust 6 176 South Side of Pros Ave 5.5 26 Hon locust 8 177 South Side of Prospect Arne 10 34 U-0nnflocust 22 178 South Side of PTM?td Ave 2 10 Hcmwwe_vv t 4 w 31 179 South Side, of 14.5 27 Honeylocust, 22 Ave180 South Side of Prosp2q V 19 47 U2nlocust 29 181 1 South Side of Prospect Ave 17 44 62 182 South Side of Ergs t Ave _p 12-5 23 locust Honmmmmmmmm 18 183'-' South Side Of P Pros Ave .......... . .. 4.5 44 HonLmylocust 33 184 South Side of Pros'p2d Ave -- 5 19 -A Hon�maylocust 8 185 South Side of Prospect Ave 7.5 32 Hone locust 22 186 South Side of Pros Ave 6 25 Fl2nqjflocust 9 187 South Side of Pros pqq,Ave 2 3 ..... Hadcbegy 3 188 South Side of-Pros Ave :20 0 [�.5 54 Hon locust ....................... . . . . ------ 62 189 South Side of Pros eot Ave 4.5 20�neylocust 8 190 South Side of Pros Ave 3 14 Hone locust 6 191 South Side of Prosp2qAve 14 39 H29e locust y 25 192 West Side of Emerson 2.5 . .......... 9 Hackberry 0 193 West Side of Emerson 13 32 Hone locust 25 194 East Side of Emerson 13 26 HTn1ocust 24 195 East Side of Emerson 40.001, M0 3 10 M' be Mle 4 196 North Side of Pros Dect Ave J_ 16.51 39 Pear 26 197 North Side of Pros mct Ave 14 36 Pear 31 198 North Side of Prog]!20 Ave 16 43 Pear 27 199 North Side of Prospect Ave 15.5 43 Pear 33 200 North Side of _Pros Ave 17 I 44 Pear 26 201 North Side ofsped Ave _f �ro 17 42 Nar 33 202 Pros Ave Center Islands 10-5 20 Pear 22 203 Prosect Ave Center Islands p 10.5 26 Pear 15 204 Prospect Ave Center Islands 9 22 Pear 23 205 Prosp2ct Ave Center Islands 6.5 19 - - ------- I Pear 13 206 Prosptict Ave Center Islands is 30 Pear 23 207 Pros ct Ave Center Islands 12.5 32 Pear 23 208 ProsDect Ave Center Islands 10 I28 Pear 25 209 Pros pect Ave Center Islands 7-516 Pear 13 210 Pros Ave Center Islands 6.5 L18 1 Pear21 211,111,111,111,111, Prosp2ct Ave Center Islands 15.5 37 Pear ............ -------- - - 26 212 Prospect Ave Center Islands 10-5 28 0%01 Pear 21 2,13 Prosp2ct Ave Center Islands 4 9 Linden 3 214 Prosp2ct Ave Center islands 3 7 linden 2 215 Prosl?2ct Ave Center Islands j 3 7 Linden 3 216 Pros cd Ave Center Islands .......... ... 1-5 3 Linden 2 RIII1 Ll TOLiSJ 2208 m 32 TTACHMENT B -- LIGHTING METHODS WRAPPED METHOD a 33 FIRM NAME: Midway & O'Hare Airports ADDRESS: Chicago, Illinois SITE DESCRIPTION: Exterior Holiday Tree Lighting PHONE NUMBER: (773) 838-0619 or (773) 896-554 CONTACT PERSON: Felipe Najar TITLE: General Manager of Facilities/Grounds FIRM NAME: Village of Lisle ADDRESS: 925 Burlington Avenue Lisle, Illinois 60532 SITE DESCRIPTION: Exterior Holiday Tree Lighting PHONE NUMBER: (630) 271-4134 CONTACT PERSON: Joe Catalano TITLE: Procurement Service Manager FIRM NAME: Village of Hinsdale ADDRESS: 19 East Chicago Avenue Hinsdale, Illinois 6052-�-, SITE DESCRIPTION: Exterior Holiday Tree Lighting PHONE NUMBER: (630) 789-7383 CONTACT PERSON: Richard Roehn TITLE: Superintendent of Public Service 01 MCFAR4 OP ID: CERTIFICATE OFLIABILITY m r • rM r INSURANCE 0811812020 1 fill -k " r t • r IMPORTANT: If the cortfficate holder Is an ADDITIONAL INSURED, the pol"les) must be etulorsi4 If SUBROGAT1001 15 WAIVED, subject to the torms and conditions of the policy, certain pies may require an endorsernent A stabunent on tilds cm fiffcate does not confer righft to the cartificate holder in Neu 1such9 r ti y6 - Zvi, Insurance Agei Aw n�' I Park, 9� m I0 �N �1 '!Mr Ord y, MOO.`K"Ment Nsu"D s ;,.Asse Ltd #wMcf:Arlane Douglass A 4 , Burr ,,w: UM Coo mHiscox Insurance Co Inc MUM C: A p- � Suflp 10s LinesYNKHM D MOO E 1. C011i CERTIFICATE,REVISION A r A► W f { Y '1 I - mill t v t w Ir - 35 r w11r �. I� w � e � ♦ � I � . al � I I I � i '� �r � � I� � .- µ mm Tyu. y!qi i u�.nuµ �JIYYYY rv, i+. w��y' �Y ,YYppWW I�yy{{ uuYY o, ui m CISIRTi I VMTPRO r / MY OF DESCRMIED K&WE3 BE BEFORE Y ge '� VllE M r r it M DELIVERED I I tiA . Emerson1 ■ Mount 60056 i AM r 019M2010 ACORD CORrlghft reserived. ACORD • (2010105) The ACORD name # logo registered of 35 I S�14 O.F PROCUREMENI ERVJ('E,(31 C'T rr Y 0 F C'H I C'IA, GX 10 M Douglas N. Giebel Nassaw/Douglass & Associates, Ltd., d/b/a McFarlane/Douglass and Co. 143 Tower Drive Burr Ridge, IL 60527 We are pleased to inform you that Nassaw/Douglass & Associates, Ltd., d/b/a McFarlane/Doug lass and Co. has been recertified as a Minorityl-Owned Business Enterpnose (I'MBE") by the City of ChicagoThis (MBE) certification is valid until 2/11/2022; however your firm's certification must be revalidated annually. In the past the City has provided you with an annual letter confirming your cercation; such letters will no longer be issued. As a consequence, we require you to be even more diligent 'in filing your annual No -Change Affidavit 60 days before your annual anniversary date. It # is now your responsibility to check the City's certification directory and verify your certification status. As a condition of continued certification during the five year period stated above, you must file an annual No -Change Affidavit. Your firm's annual No - Change Affidavit is due by 2/11/2018, 211/2019, 2/112020, and 2/11/2021. Please remember, you have an affirmative duty to file your NoChange Affidavit 60 days prior to the. date. of e.y.piratin.n. Failure to. file vour annual NO-r-hange Affidavit may result i.n. of law a a the suspension or rescission of your certification. Your firm's five year certification will expire on 2/V2022. You have an affirmative duty to file for recertification 60 days prior to the date of the five year anniversary date. Therefore, you must file for recertification by 121112021. It 'I's important to note that you also have an ongoing affirmative duty to notify the City of any changes in ownership or control of your firm, or any other fact affecting your firm's eligibility for certification w1thin 10 days of such change. These changes may include but are not limited to a change of address, change of business structure, change in ownership or ownership structure, change of business operations, gross receipts and or personal net worth that exceed the program threshold. Failure to provide the City with timely notice of such changes may result in the suspension or rescission of your certification. In addition, you may be liable for civil penalties under Chapter i-22 , V"False Claims", of the Municipal Code of Chicago. I I t P, I It() � "" I f I 1 -1 1 J I Q ) G �, ( ,, I � (_ 11 11 r 01I N01VP I T Ll,�z 4.14, 1 H4 (",IrO TL.L N 60609 1) 0 N111 111��d 36 12-0 i1assaw/Douglass & Associates, Ltd., d/b/a McFarlane/Douglass & Co. Page 2 of 2 Please note — you shall be deemed to have had your certification lapse and will be ineligible to participate as a (MBE) if you fail too. 0 File your annual No -Change Affidavit within the required time period; a Provide financial or other records requested pursuant to an audit within the required time period; 0 Notify the City of any changes affecting your firm's certification within 10 days of such change; or ,ol File your recertification within the required time period. Please be reminded of your contractual obligation to cooperate with the City wit respect to any reviews, audits or investigation of its contracts and affirmative actio programs. We strongly encourage you to assist us in maintaining the integrity of ou programs by reporting instances or suspicions of fraud or abuse to the City's Inspecto General at chiwcagoinspectorgeneral,org, or 866.-IGmTIPLINE (866 754), Be advised that if you or your firm is found to be involved in certification, bidding and/or contractual fraud or abuse, the City will pursue decertification and debarment. In addition to any other penalty imposed by law, any person who knowingly obtains, or knowingly assists another in obtaining a contract with the Citv bv falsely representing the 'Individual or entity, or the individual or entity assisted is guilty of s# punishable by 'incarceration in the county jail for a period not to exceed six months, or a fine of not less than $5,000 and not more than $10,000 or both. Your firm's name will be listed in the City's Directory of Minority and Women -Owned Business Enterprises in the specialty area(s) of: NAICS Code(s): 661730 w Landscape contractors (except construction) 561730 - Landscape installation services 541410 - Decorating consulting services.; interior Tour firm's participation on City contracts will be credited only toward Minority -Owned Business Enterprise goals 'in your area(s) specialty. While your participation on City contracts is not limited to your area of specialty, credit toward goals will be given only for work that is self -performed and providing a commercially useful function that is done in the approved speciailry category. Thank you for your interest in the City's Minority and Women -Owned Business Enterprise (MBENVBE) Program. . . .................. . . ... 0 Rich ''L,J er, First Dvp Lity' Procurement Officer RB/Ij M. 37 liq if not, contact us immediately. If yes, cut along the dotted line (fits a standard 5 x 7" frame). Your authorization must be visibly displayed at the address listed. Do not discard - your Illinois Business Authorization is an important tax document that provides you the authorization to legally do business in Illinois. I M, 143 TOWER DR BURR RIDGE IL 60527-5771 C .e e*0"" 0, rtificate of R-egistlt Expiration Date: 11/30/2020 Sales and use taxes and fees �;% Now iy 10 n, g/w ag, *P)9ffwwM* *Mfififfirw 11* *wpm%"* M. _ M *Opwok'A' ON"A W **wpm* —4 A M .tile N -umber 5359-747-5 a to w,hom, these Pmsents Shal'l' Come! 0 ina,,,,, I, Jesse White, Secretary of State of the State of Illinois, do hereby certify that I am the keeper of the records of the Department of Business Services. I certify that NASAW/DOUGLASS & ASSOCIATES, LTD, A DOMESTIC CORPORATION, INCORPORATED UNDER THE LAWS OF THIS STATE ON SEPTEMBER 24,1984, APPEARS TO HAVE COMPLIED WITH ALL THE PROVISfONS OF 4_'HE BUSINESS CORPORATION ACT OF THIS STATE,, AND AS OF THIS DATEIS IN GOOD STANDING AS A DOMESTIC CORPORATION IN T14E STATE OF ILLINOIS. hi, T�as��,Ojny I hereto set my hand and cause to be affixed the Great Seal of &IF the State of Illinois, this 3RD day of AUGUST AD. 2020 Authentication #.- 2021603636 verifiable until 0810312021 Authenticate at: hftp://www.cyberdriveiNinois.mm w To McFarlane Douglass exterior tree lighting crew members utilize equipment such as scissor lifts, XM lifts and ladder to complete the installation and removal of tree lighting. Safety for our customers, crews and the general public is our number one priority, therefore our crews members are subject to mandatory training once a year to ensure safety procedures are continuously being maintained. I M 41 42 43 Bid Request for Holiday Tree Lighting Contract 2020 BID OPENING: Wednesday, August 19, 2020 — 1:00 p.m. local time Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 x M" NOTICE TO BIDDERS Bid for Holiday Tree Lighting Contract 2020 Sealed bids will be received until Wednesday, August 19, 2020 — 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 Holiday Tree Lighting Contract 2020". Plans and specifications may be obtained on the Village's website at www.mountprospect.org/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, thereof, to waive any irregularities technicalities and to award the contract in a manner best serving the about these bid specifications should be directed to Dave Hull at 847-870-5640. Village Manager Mike Cassady August 4, 2020 to reject any and all bids or parts informalities in bid procedures and interests of the Village. Questions Forestry/Grounds Superintendent 45 Holiday Tree Lig-hting Contract 2020 Table of Contents Section Page Notice to Bidders 1 Table of Contents 2 Bid Packet Information 3 Instructions to Bidders 6 Specifications 9 General Conditions 12 Proposal Form - Exhibit A 20 Bid Form 24 Affidavit — Proposal Certification Form 27 Bid Security 29 Bid Sheet 30 Contract - Exhibit B 32 Attachment A — Tree Lighting Table 38 Attachment B — Lighting Methods g g 41 K io VILLAGE OF MOUNT PROSPECT HOLIDAY TREE LIGHTING CONTRACT 2020 BID PACKET The Village of Mount Prospect is seeking proposals for its: HOLIDAY TREE LIGHTING CONTRACT FOR 2020 PROJECT SCOPE The Contractor shall provide, at a minimum, the following work: The Village of Mount Prospect is seeking a contractor to install and later remove white incandescent lights, using the wrapping method, on approximately 216 trees on public property in the downtown area in 2020. The Village will supply all light strands, extension cords, tees and electric tape; contractor will supply all labor and equipment. Contractors are asked to submit a price per strand for installation and later remove lights, cords, and tees as detatiled in the specifications. Approximately 2,500 strands are expected to be required each year. The Village reserves the right to increase or reduce the amount of the lights installed depending upon funds available. The bid award will be based on the lowest qualified contractor. This Contract shall be in effect beginning October 1, 2020 and shall remain in effect until January 31, 2021, unless terminated by either party under the conditions specified in Section 10, Contract Termination. Upon satisfactory completion of the initial one year term of the contract the Contract may be extended for up to two (2) additional one (1) year periods 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. 1. RECEIPT OF PROPOSALS Sealed bid proposals to provide the installation and later removal of white lights in the downtown area 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 August 19, 2020. Bids arriving after that time will not be accepted. Mailed bids, which are delivered after the specified hour, will not be accepted regardless of postmarked time on the envelope. Electronic mail (email) and/or facsimile transmitted bids will not be accepted. All bid proposals will be publicly opened and prices read aloud thereafter on the same date at the Mount Prospect Village Hall, 50 South Emerson Street, Mount Prospect, Illinois. 9 En 2. HOW TO SUBMIT A BID The bid proposal must be delivered in a sealed envelope to the Village Hall and marked to the attention of the "Village Manager". The bid proposal must be clearly marked: Sealed Bid "HOLIDAY TREE LIGHTING CONTRACT — 2020" 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 HOLIDAY TREE LIGHTING CONTRACT 2020 (Exhibit B). 4. AWARD OF CONTRACT TO SUCCESSFUL BIDDER The Village of Mount Prospect will be the sole interpreter of all bid documents, and reserves the right to make its own assessment of bids received; to reject any and all bids; to waive irregularities and technicalities in the bids; to further negotiate details of the contract with the low bidder after award of the contract; and to award the contract based upon its consideration of the following criteria as well as relevant statutory provisions: a) Lowest responsible bidder. b) The ability, capacity, and skill of the bidder to perform the contract to provide the service required. c) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. 4 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 "HOLIDAY TREE LIGHTING CONTRACT 2020" (Exhibit B). The successful bidder will be required to execute the HOLIDAY TREE LIGHTING CONTRACT 2020 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 WO 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 A 50 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 did 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. M 51 15.All municipal, county, and State of Illinois sales taxes and federal excise taxes, which are NOT applicable to sales to the Village of Mount Prospect, must be excluded from bid prices. 16. Prices shall be stated in units when applicable and quotation made on each item separately. In case of conflict, unit price shall govern. 17. Bidders must be sure to specify any terms which they wish to offer in the space provided. Cash discounts will be deducted from the base bid in determining the low bidder. 18.A bid deposit in the amount of one -thousand dollars ($1,000), payable to the Village, is required, unless otherwise stated in the bid package. The deposit must be in the form of a bid bond, certified check, or a bank cashier's check. All bid performance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful bidder will be retained until surety bonding requirements have been satisfied and proof of insurance coverage is provided. 19. In case of default by the bidder, the Village may procure the services from other sources and may deduct the cost of such services from the unpaid balance due the bidder, or may collect against the bond or surety for excess costs so paid, and the prices paid by the Village shall be considered the prevailing market price at the time such purchase is made. 20. The bidder shall hold the Village, its officers, employees and agents, harmless from liability of any nature or kind on account of the Village's use of any copyrighted or uncopyrighted composition, trade secrets, secret process, proprietary rights, patented or unpatented invention, article or appliance furnished or used under the bid specifications. 21.The successful bidder is specifically denied the right of using in any form or medium the name of the Village for any advertising, promotion or reference unless express written permission is granted by the Village. 22. The opaque envelope containing the bid shall be marked plainly, "SEALED BID for HOLIDAY TREE LIGHTING CONTRACT 2020", 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: HOLIDAY TREE LIGHTING CONTRACT 2020 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 E'9 52 SPECIFICATIONS SPECIFICATIONS - GENERAL 1. For year one, it is expected that this contract will be awarded on October 1, 2020, and work may begin October 5, 2020. For year one, all work related to installation of lights must be completed so that all trees are lit by 7:OOam on November 19, 2020. 2. If the Village and the Contractor mutually agree to extend the contract additional years the dates will be: For year two, installation work may begin after October 17 2021 and must be completed by 7:00 a.m. on November 18, 2021. For year three, installation work may begin after October 1, 2022, and must be completed by 7:00 a.m. on November 17, 2022. 3. Removal of lights and cords must be done between January 7 and January 31 each year, following the installation. 4. A penalty of $500 per day will be assessed for failure to fully complete installation or removal by the specified dates. 5. 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 decisions of the Public Works Director, or authorized representative. 6. All work must be to the satisfaction to the Public Works Director, or authorized representative, and any question as to proper procedures or quality of workmanship will be resolved by the same. 7. It is the intent of the Village to have 216 trees decorated as part of this contract. However, the Village reserves the right to eliminate certain trees from the contract, or reduce the number of strands required per tree, so the final contract amount does not exceed the funds available. 8. Contractor will be required to submit proof of possession of a valid Mount Prospect business license or contractor's license before work begins. 9. Lights for trees on Prospect Avenue between Route 83 and Emerson are to be installed in the evening after 8:OOPM or on the weekends in order to minimize conflicts with area businesses. 10. The Village will issue the necessary extension cords and tees to the contractor and record the quantities. The contractor shall be responsible for returning all cords and tees after light removal. The Village will deduct, from any amounts due the contractor, the purchase price of cords or tees that are not returned. SPECIFICATIONS — INSTALLATION 1. The Village will supply contractor with all necessary lights, extension cords, tees and electric tape or tieing. (Lights shall be new, factory -tested light strands. Cords shall be new and used of varying lengths). 2. Light strands shall be installed, by using the wrapping method, around individual branches in such a way that the entire tree crown is evenly lit (not just outer perimeter or crown). 3. The contractor shall make sure all installed strands are lit and properly functioning by using a generator. 4. Quantities of strands required per tree shall be as shown in the attached Tree Lighting Table unless specified otherwise by the Public Works Director or 10 53 authorized representative. If during installation, a particular tree appears to need slightly more or fewer strands than listed, contractor shall contact Public Works Director or authorized representative for permission to vary from table. 5. Installation of each strand must begin with the female end so the male end can be plugged into the next strands or into the female end of a tee. 6. No more than 6 strands of incandescent lights may be installed in a series; after that tees must be used to connect multiple series of 6 strands. 7. When more than one tee is joined together, the resulting combination must end with one unused male plug. 8. Extension cords shall be plugged into the electrical outlet designated on maps and tree lighting table. 9. All connections shall be either firmly wrapped with electric tape, or tautly tied. If contractor ties the ends, as opposed to taping, the contractor will be responsible for any ends coming unconnected. 10. Cords hanging over sidewalks must be secured so they are taut and hanging no lower than 9' above walks. 11. During the process of installation the Village will inspect every tree for quality. The contractor will be given a list of trees where it is determined additional strands are needed. Contractor will need to install requested additional strands as directed by the Village at the current contractred rate per strand. This work to be done before final installation deadline. 12. The white incandescent light strands are composed of 50 lights at 6 inch spacing on 22 guage green wire. SPECIFICATIONS — REMOVAL 1. All lights, cords, tees and tape shall be removed without damage to trees. 2. Light strands may be cut, and all removed strands must be returned to Public Works for recycling. 3. Cords and tees shall be returned to Village neatly wrapped. 4. All debris from the removal of light strands shall be removed by the contractor. SPECIFICATIONS - OTHER Hours of Work — For this contract, upon submission of a letter to the Village Manager requesting same, the contractor will be authorized to work around the clock. This authorization may be rescinded during the contract if the Village receives noise complaints. According to Village code, no work is allowed on Sundays or Holidays. 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. Obstruction of Streets and Right -of - 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. 11 54 GENERAL CONDITIONS A. Award of Contract; Performance; Payment 1. The Village will issue a Notice of Award to the successful bidder, advising that it has been awarded the contract. Within ten (10) business days of delivery of the Notice of Award, by personal service or registered or certified U.S. Mail, postage prepaid and receipt requested, the contractor shall execute the contract, attached to the Bid Documents, and furnish the Village with the required bonds and certificate of insurance. 2. Upon the Village's receipt of the executed contract, required bonds and certificate of insurance, the Village will issue and send to the contractor a Notice to Proceed, that will start the performance period. 3. Completion Dates For year one, it is expected that this contract will be awarded on October 1, 2020, and work may begin October 5, 2020. For year one, all work related to installation of lights must be completed so that all trees are lit and functioning by 7:00am on November 19, 2020. If the Village and the contractor mutually agree to extend the contract for additional years at current prices, the installation dates will be as follows for years two and three: For year two, installation work may begin after October 1, 2021 and must be completed by 7:00 a.m. on November 18, 2021. For year three, installation work may begin after October 1, 2022, and must be completed by 7:00 a.m. on November 17, 2022. Removal of lights and cords must be done between January 7 and January 31 each year. 4. Contractor shall record actual # of strands installed on each tree, and submit those records to the Village with request for payment, after all lights, cords and tees are installed. Payment due shall be calculated by multiplying actual # of strands installed times bid price per strand. Once all strands are installed to specifications and properly functioning, contractor shall invoice the Village in the following manner: a. After installation is completed, 85% of contract amount shall be invoiced by contractor and paid by Village (minus any penalties). b. After removal is completed and cords/tees returned, 15% of contract amount shall be invoiced by contractor and paid by Village (minus any penalties). 12 55 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 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 13 M following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this contract for the performance of required services during the contract period, the surety shall be entitled to receive the excess difference paid to the Village. When such contractor default costs incurred by the Village exceeds the sum paid to the Village for the performance of the required services under the contract, the contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. B. Performance of the Required Services 1. The contractor shall exercise every precaution at all times for the protection of persons and properties. The safety provisions of all applicable laws and ordinances shall be strictly observed. Any practice obviously hazardous, in the opinion of the Director of Public Works or his authorized representative, shall be immediately discontinued by the contractor upon his receipt of instructions from the Director of Public works or an authorized representative to discontinue such practice. 2. The performance of services under the contract includes the furnishing of all supervision, labor, materials, tools, equipment and incidentals of every kind and description necessary, in accordance with the contract documents. 3. The performance of services shall be subject at all times to inspection by the Village or its inspectors, and the contractor will be held strictly to the diligent execution of the contract. The Village or its inspectors shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. Completed performance of services not complying with the contract may be rejected by the Village and shall be performed again by the contractor at no expense to the Village. 4. Except where the Specifications indicate otherwise, the Village is not responsible for providing any tools, equipment, or storage under the contract in order to permit the completion of any contractual obligations under the contract. 5. The contractor shall provide an adequate number of competently trained personnel with sufficient supervision to perform the services required, and the contractor shall provide identification of its personnel if requested by the Village. Any contractor's employee or representative whose employment is reasonably detrimental or objectionable to the Village shall be transferred immediately from the work site upon the Village's request. The exercise of this option shall not be construed as placing the Village in charge of the performance of the services required under the contract, or as making the Village responsible for safety. All tools or equipment required to carry out the operations within the scope of the contract shall be provided by the contractor, and shall meet the standards of OSHA and the State of Illinois 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. 14 57 C. 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. Bond; 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)0007000 $1)0001000 Property Damage $1,000,000 $1,000,000 Workers Compensation Employee Claims Employers Liability Statutory for Illinois $1,000,000 per accident 2. Indemnification. The contractor shall indemnify and save harmless the Village, its officers, employees and agents from any and all liability, losses or damages, including 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 anyway 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 15 M provided by the contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village as herein provided. The contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, 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 I LCS 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 16 59 time of entering into the contract pursuant to 30 ILCS 580, et seq. d. Preference to Veterans Act. The contractor will comply with the Preference to Veterans Act, 330 ILCS 55, et seq. f. 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. E. Work Guaranty 1. General Guaranty. Neither partial or final payment, nor any provision in the contract, nor partial or entire use of the product/Work embraced in the contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor of liability in respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. 17 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. 18 61 EXHIBIT A (Upon award of contract, to be attached to HOLIDAY TREE LIGHTING CONTRACT 2020 as Exhibit A) Proposal Form Village of Mount Prospect HOLIDAY TREE LIGHTING CONTRACT 2020 OWNER INFORMATION Owner Name: Address: Business Name: Business Address: Home Phone: This Business is a: Date Of Birth: Business Phone: F-1 Individual Proprietorship F-1 Joint Venture F-1 Partnership F-1 Corporation If applicable, give names, addresses, and dates of birth of all partners, officers or directors. Name Address Date of Birth Has the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? F-1 YES If yes, explain in full detail on a separate sheet of paper. F-1 NO Does the business currently hold a license or have a contract with any other municipality for service? F-1 YES F-1 NO 19 62 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 HOLIDAY TREE LIGHTING CONTRACT 2020, 1 hereby certify that: 1. I will not assign or subcontract holiday light installation or removal 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 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et sec .), 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. 20 63 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 HOLIDAY TREE LIGHTING CONTRACT 2020, 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 HOLIDAY TREE LIGHTING CONTRACT 2020. Name of Company Bid Submitted By Position in Company Phone No. Date Bidder must use the official firm name and authorized representative must sign. 21 M FROM: BID FORM HOLIDAY TREE LIGHTING CONTRACT 2017 Village of Mount Prospect Department of Public Works (hereinafter called "Bidder") TO: Office of the Village Manager, 3rd Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") HOLIDAY TREE LIGHTING CONTRACT 2020 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 General Conditions and Special Provisions Specifications General Conditions Proposal Form Bid Form Affidavit— Bid Certification Form Bid Security Bid Sheet Contract Document Attachment A — Tree Lighting Table 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. 24 In submitting this bid, the Bidder understands that the Village reserves the right to add to or subtract from the estimated quantities. The Village intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) business days after receipt. The Bidder, and as successful bidder/contractor upon award of the contract, understands and agrees to the following: 1) The contractor agrees to provide all required services and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The contractor agrees to comply with all applicable federal and state laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: Addendum No. Addendum Date Acknowledgement by Bidder or Authorized Representative Date Acknowledged Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the Bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. Upon award of the contract, the Village will send Notice of Award to the successful Bidder, the Bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) business days. The Village will then issue a written Notice to Proceed. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. Security in the sum of one -thousand dollars ($1000) in form of (check one): Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders' . 25 67 This Bid Submittal contains the following: 1) Bid Form 2) Affidavit— Bid Certification Form 3) Bid Security 4) BID SHEET(S) — HOLIDAY TREE LIGHTING CONTRACT 2020 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 THIS BID FORM AND BID SHEETS ALONG WITH THE AFFIDAVIT - BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. 26 AFFIDAVIT — BID CERTIFICATION FORM Bidder: Company/Firm Name: Address: As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of perjury and possible termination of contract rights and debarment, the undersigned, being first duly sworn on oath, deposes and states that he or she is (sole owner, partner, joint ventured, President, Secretary, etc.) of and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Non -Collusion The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section II Bid Rigging and 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) 27 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; (11) the definition of sexual harassment under State law; (III) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A "public contract" includes: ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersigned certifies that all information contained in this Affidavit is true and correct. Signed by: Signature Name Printed: Signed and sworn to before me this day of My commission expires: Notary Public Title: , 20 2s 70 BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of one -thousand dollars ($1,000) by , the bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should bidder be awarded the contract for services contemplated under this bid and fail or refuse to execute a contract for the performance of said services, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. -bid SUBMITTED THIS DAY OF , 20 SEAL (if corporation) 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 29 71 BID SHEET HOLIDAY TREE LIGHTING CONTRACT 2020 The undersigned herewith submits a bid on a Holiday Tree Lighting Contract 2020 in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, prior to 1:00p.m. on August 19, 2020. SCHEDULE OF PRICES We will perform the services as outlined HOLIDAY TREE LIGHTING CONTRACT for sums as follows: Bid Price to Install (using the wrapping method) and later remove Lights, Cords and Tees as detailed in specifications. 2020 Price per White $ Incandescent Strand X 2500 strands Extended Cost $ Total Combined Bid Price for all work in 2020 Ll� Submitted this day of .2020. Mark outside of envelope: " HOLIDAY TREE LIGHTING CONTRACT 2020" and deliver to the Village Manager's office at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, by 1:00 p.m., WEDNESDAY, August 19, 2020. Name of Company/Firm Address of Company/Firm Phone: 30 72 Date submitted: 2020 Also note any exceptions to the specifications. COMPANY OWNER ADDRESS CITY, STATE, ZIP PHONE # SIGNATURE , 2020 DATE Note: All bids to remain firm for thirty (90) days. Be sure to mark the outside of the envelope, "Sealed Bid for HOLIDAY TREE LIGHTING CONTRACT 2020." 31 73 VILLAGE OF MOUNT PROSPECT HOLIDAY TREE LIGHTING CONTRACT 2020 THIS AGREEMENT (hereinafter the "Contract") is entered Village of Mount Prospect, an Illinois home rule municipality and , an Illinois, (hereinafter the "Contractor"). 1. GENERAL As stated in the bid document. 2. SPECIFICATIONS As stated in the bid document. I owlIa:� into by and between the (hereinafter the "Village"), located at 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 1 LCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 1 LCS 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; 32 74 d. Comply with the Americans with Disabilities Act; and 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. 33 75 5) That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. 6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. With respect to the two types of subcontracts referred to under paragraph 7 of the Equal Employment Opportunity Clause above, following is an excerpt of Section 750.30 of the Department of Human Right's Rules and Regulations for Public Contracts: Title 44, Part 750, Section 750.30, Illinois Administrative Code, Subcontracts Each public contractor and subcontractor shall in turn include the Equal Employment Opportunity Clause set forth in Appendix A of this Part in each of its subcontracts under which any portion of the contract obligations are undertaken or assumed, said inclusion to be either verbatim or by reference so that the provisions of the clause will be binding upon such subcontractors. 5. FEE SCHEDULE The charges to be assessed by Contractor under this Contract are set forth in the fee schedule contained in Exhibit A. 6. LOG BOOK, RECORDS & REPORTS REQUIRED The Contractor shall provide the Village with awritten 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. 34 76 8. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY) Contractor assumes full responsibility for the acts and omissions of its employees and agents while engaged in performing services under the Contract. Contractor agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save and hold forever harmless the Village, its officers, appointed and elected officials, Mayor and Board of Trustees, employees, volunteers, attorneys and agents from and against any and all liabilities, obligations, claims, losses, damages, penalties, and costs and expenses resulting from any suit, claim, demand, judgment, or cause of action initiated by any person, including Contractor and its officers, officials, employees, subcontractors, volunteers and agents, arising out of, connected with, or in any way associated with the performance of services covered by this Contract or the equipment used in connection therewith. 9. CONTRACTOR'S LIABILITY INSURANCE Contractor shall not commence with the performance of services under this Contract until it has obtained all insurance required hereunder and such insurance has been approved by the Village. Certificates of such insurance shall be filed with the Village prior to commencing work. Additionally, Contractor will provide the Village with a letter from the insurance carrier that the Village will be notified within thirty (30) days of the pending cancellation of any policy relating to this Contract. Each insurance company shall be subject to approval by the Village, and the respective policies shall name the Village as an additional named insured. Approval of the insurance by the Village shall not relieve or decrease the liability of Contractor hereunder. Such insurance is primary and in no event will be considered contributory to any insurance purchased by the Village. Such insurance will not be canceled, reduced, or materially changed without providing the Village thirty (30) days advance written notice, via certified mail. Contractor shall maintain all insurance required under subsections a through h of this Section for not less than one (1) year after completion of this contract. 10. CONTRACT TERMINATION The Village and Contractor reserve the right to terminate the Contract at any time upon ten (10) days advance written notice to the other party. In addition to the provisions set forth in Section General conditions (A,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 October 1, 2020, and shall remain in effect until January 31, 2021, unless terminated by either party under the conditions specified in Section 10, Contract Termination. Upon satisfactory completion of the initial one year term of the contract the Contract may be extended for up to two (2) additional one (1) year periods 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. 35 77 12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short period of time from receipt of a FOIA request to comply with the request, and there is a significant amount of work required to process a request including collating and reviewing the information. Contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public records (as that term is defined by Section 2(c) of FOIA) in its possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. Contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalty, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the Village under this Contract. 13. Contractor shall not assign this Contract or any part thereof without the prior written consent of the Village. Approval, if any, for such assignment shall be made by the Corporate Authorities of the Village. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, legal representatives and successors in interest. 14. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Illinois and applicable federal law. Venue shall only be proper in a court of competent jurisdiction located within the County of Cook, Illinois. 15. SEVERABILITY The invalidity or unenforceability of one or more of the terms or provisions contained in this Contract shall not affect the validity or enforceability of the remaining terms and provisions of this Contract so long as the material purposes of this contract can be determined and effectuated. 16. INTERPRETATION Any headings of the Contract are for convenience of reference only and do not define or limit the provisions thereof. Words of gender shall be deemed and construed to include correlative words of other genders. Words importing the singular shall include the plural and vice versa, unless the context shall otherwise indicate. All references to any person or entity shall be deemed to include any 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 36 This Contract sets forth the entire understanding of the parties relative to the subject hereof and supersedes any and all prior agreements, express or implied, oral or written. No amendment or modification of this Contract shall be effective unless reduced to writing and executed by the parties. 19. COUNTERPARTS This Contract may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. 20. EFFECTIVE DATE The Effective Date of this Contract shall be the date executed by the Village President, and attested by the Village Clerk. In Witness thereof, the said parties have executed and signed this contract on Attest: Karen Araganos, Village Clerk Corporate Name: Attest: Secretary (Corporate Seal) , 2020. Its VILLAGE OF MOUNT PROSPECT, an Illinois Municipal Corporation 37 79 ATTACHMENT A 38 TREE LIGHTING TABLE 2019 Tree # Primary Location Trunk Dia Crown Spread Species # of Strands 10 Train Station Along NW HWY 10.5 30 White Ash 26 11 Train Station Along NW HWY 9.5 29 White Ash 19 12 Train Station Along NW HWY 10.5 31 White Ash 26 13 Train Station Along NW HWY 11 32 White Ash 19 14 Train Station Along NW HWY 9 27 White Ash 25 15 Train Station Along NW HWY 11 31 White Ash 18 16 Train Station Along NW HWY 10 25 White Ash 27 24 West Side of Maple Street 10 14 Columnar Maple 11 25 West Side of Maple Street 4.5 10 Columnar Maple 8 26 West Side of Maple Street 5 9 Oak 3 27 West Side of Maple Street 9 13 Columnar Maple 18 28 West Side of Maple Street 9.5 16 Columnar Maple 17 29 West Side of Maple Street 0 0 NO TREE 0 30 West Side of Maple Street 10 15 TREE TBD 11 31 West Side of Maple Street 7 20 Crabapple 15 32 West Side of Maple Street 5.5 18 Crabapple 9 33 Northwest Highway 6.5 20 Crabapple 13 34 Northwest Highway 10.5 20 Columnar Maple 16 35 Northwest Highway 12 16 Columnar Maple 18 36 Northwest Highway 9.5 16 Columnar Maple 13 37 Northwest Highway 9.5 21 Crabapple 11 38 Northwest Highway 9.5 22 Crabapple 13 39 Northwest Highway 10.5 32 Crabapple 11 40 Northwest Highway 5 18 Yel I owwood 3 41 Northwest Highway 6 18 Yellowwood 3 42 East Side of Emerson 2 7.5 Hackberry 3 43 East Side of Emerson 2.5 10 Hackberry 3 44 East Side of Emerson 2.5 8 Hackberry 3 45 East Side of Emerson 3.2 11 Miyabe Maple 5 46 East Side of Emerson 5 14 Miyabe Maple 4 47 East Side of Emerson 4.5 12 Miyabe Maple 6 48 East Side of Emerson 4 12 Miyabe Maple 3 49 East Side of Emerson 5 15 Miyabe Maple 5 50 East Side of Emerson 6.5 12 Tree Lilac 4 51 East Side of Emerson 5 15 Linden 6 52 East Side of Emerson 4.5 11 Linden 6 53 East Side of Emerson 4 9 Linden 6 54 East Side of Emerson 3.5 6 Linden 6 55 East Side of Emerson 2 10 Honeylocust 4 56 East Side of Emerson 3.5 10 Linden 6 57 East Side of Emerson 4 9.5 Linden 6 58 East Side of Emerson 5.5 10 Linden 6 59 East Side of Emerson 4.5 12 Linden 6 60 East Side of Emerson 5.5 14 Linden 6 61 East Side of Emerson 5 12 Tree Lilac 5 62 South Side of Central 2 5 Hackberry 3 63 South Side of Central 2 5 Miyabe Maple 3 64 West Side of Emerson 10.5 22 Pear 16 65 West Side of Emerson 7 15 Pear 15 66 West Side of Emerson 7.5 19 Pear 14 67 West Side Emerson 7.5 18 Pear 20 68 West Side Emerson 9 29 Honeylocust 16 69 West Side Emerson 6 25 Hone locust 14 70 West Side Emerson 7 24 Honeylocust 11 71 West Side Emerson 6 23 Hone locust 15 72 North Side of Busse 8 25 Honeylocust 20 73 North Side of Busse 5 18 Honeylocust 10 74 North Side of Busse 5.5 22 Honeylocust 17 38 75 North Side of Busse 2 4 Miyabe Maple 4 76 North Side of Busse 4 11 Miyabe Maple 5 77 North Side of Busse 10.5 28 White Ash 27 78 North Side of Busse 2 5 Miyabe Maple 4 79 East Side of 83 8 27 Honeylocust 16 80 East Side of 83 8 25 Honeylocust 23 81 East Side of 83 8 28 Honeylocust 18 82 East Side of 83 10.5 32 Honeylocust 23 83 East Side of 83 9 24 White Ash 16 84 East Side of 83 12.5 32 White Ash 30 85 East Side of 83 10.5 24 White Ash 17 86 East Side of 83 10.5 25 White Ash 24 87 East Side of 83 8 26 Honeylocust 15 88 East Side of 83 11 32 Honeylocust 24 89 East Side of 83 12 31 Honeylocust 19 90 East Side of 83 11 31 Honeylocust 23 91 East Side of 83 8 23 Hackberry 11 92 East Side of 83 8.5 20 Hackberry 18 93 East Side of 83 9 27 Hackberry 14 94 East Side of 83 7.5 17 Hackberry 15 95 South Side of Central 7 17 Hackberry 15 96 South Side of Central 9 18 Pear 15 97 South Side of Central 9.5 20 Pear 15 98 South Side of Central 7 14 Pear 15 99 South Side of Central 9 16 Pear 15 100 South Side of Central 9 17 Pear 15 101 South Side of Central 10 19 Pear 15 102 West Side Emerson 8.5 18 Miyabe Maple 13 103 West Side Emerson 2.5 5 Miyabe Maple 3 104 West Side Emerson 5.5 19 Miyabe Maple 8 105 West Side Emerson 5.5 16 Miyabe Maple 9 106 West Side Emerson 6 18 Miyabe Maple 6 107 West Side Emerson 4.5 11 Tree Lilac 8 108 West Side Emerson 5 11 Tree Lilac 5 109 West Side Emerson 10 29 Honeylocust 20 110 North Side of NWHWY 5 16 Linden 6 111 North Side of NWHWY 6.5 12 Linden 6 112 North Side of NWHWY 5 10 Linden 6 113 North Side of NWHWY 5 10 Linden 6 114 North Side of NWHWY 2 5 3 115 North Side of NWHWY 4.5 11 Linden 6 116 North Side of NWHWY 5 13 Linden 6 117 East Side of 83 9 18 Linden 6 118 East Side of 83 9 17 Linden 6 119 South Side of Busse 2 8 Ginkgo 3 120 South Side of Busse 1.5 10 Ginkgo 3 121 South Side of Busse 3.5 9 Ginkgo 3 122 South Side of Busse 3.5 10 Ginkgo 3 123 South Side of Busse 5 7 Ginkgo 3 124 West Side of 83 9.5 21 Hackberry 13 125 West Side of 83 8 21 Hackberry 15 126 West Side of 83 12 31 White Ash 19 127 West Side of 83 2 7 Tulip Tree 4 128 West Side of 83 10.5 28 White Ash 19 129 West Side of 83 12 31 White Ash 26 130 West Side of 83 6 20 Maple 8 131 West Side of 83 11.5 29 White Ash 16 132 West Side of 83 4 10 Ginkgo 4 133 West Side of 83 4 12 Ginkgo 4 134 West Side of 83 4 10 Ginkgo 3 173 South Side of Prospect Ave 14.5 37 Honeylocust 47 174 South Side of Prospect Ave 2 5 Honeylocust 4 175 South Side of Prospect Ave 3.5 19 Hone locust 6 176 South Side of Prospect Ave 5.5 26 Honeylocust 8 177 South Side of Prospect Ave 10 34 Honeylocust 22 178 South Side of Prospect Ave 2 10 Honeylocust 4 39 179 South Side of Prospect Ave 14.5 27 Honeylocust 22 180 South Side of Prospect Ave 19 47 Honeylocust 29 181 South Side of Prospect Ave 17 44 Honeylocust 62 182 South Side of Prospect Ave 12.5 23 Hone locust 18 183 South Side of Prospect Ave 14.5 44 Honeylocust 33 184 South Side of Prospect Ave 5 19 Hone locust 8 185 South Side of Prospect Ave 7.5 32 Honeylocust 22 186 South Side of Prospect Ave 6 25 Honeylocust 9 187 South Side of Prospect Ave 2 3 Hackberry 3 188 South Side of Prospect Ave 20.5 54 Honeylocust 62 189 South Side of Prospect Ave 4.5 20 Honeylocust 8 190 South Side of Prospect Ave 3 14 Honeylocust 6 191 South Side of Prospect Ave 14 39 Honeylocust 25 192 West Side of Emerson 2.5 9 Hackberry 0 193 West Side of Emerson 13 32 Honeylocust 25 194 East Side of Emerson 13 26 Honeylocust 24 195 East Side of Emerson 3 10 Miyabe Maple 4 196 North Side of Prospect Ave 16.5 39 Pear 26 197 North Side of Prospect Ave 14 36 Pear 31 198 North Side of Prospect Ave 16 43 Pear 27 199 North Side of Prospect Ave 15.5 43 Pear 33 200 North Side of Prospect Ave 17 44 Pear 26 201 North Side of Prospect Ave 17 42 Pear 33 202 Prospect Ave Center Islands 10.5 20 Pear 22 203 Prospect Ave Center Islands 10.5 26 Pear 15 204 Prospect Ave Center Islands 9 22 Pear 23 205 Prospect Ave Center Islands 6.5 19 Pear 13 206 Prospect Ave Center Islands 15 30 Pear 23 207 Prospect Ave Center Islands 12.5 32 Pear 23 208 Prospect Ave Center Islands 10 28 Pear 25 209 Prospect Ave Center Islands 7.5 16 Pear 13 210 Prospect Ave Center Islands 6.5 18 Pear 21 211 Prospect Ave Center Islands 15.5 37 Pear 26 212 Prospect Ave Center Islands 10.5 28 Pear 21 213 Prospect Ave Center Islands 4 9 Linden 3 214 Prospect Ave Center Islands 3 7 Linden 2 215 Prospect Ave Center Islands 3 7 Linden 3 216 Prospect Ave Center Islands 1.5 3 Linden 2 1636 4207 TOTAL 2208 40 TTACHMENT B - LIGHTING METHODS LOOPED METHOD WRAPPED METHOD 41 w. D� T M N � O It9 t0 t00 Lf) 00 Ln 3ld`dW S Q W M M m W Q z LU w LU W W Li "�,,21U AIISN3AINn —N—(O—co N N N M N M /r O N M / O O � M A, T O O M M 4� Y9 LO � � �� 4q - co Is 1S NOSN3W3 S 0 0 o ?� T O O O n T T r N t0 C4 r r O N T N r N M T r r T N r T T T T M n ti N T r C � M C N T T r / O T r T co O O h CA T T � r T /At/_ls2InHW33_S O 0 T CD O. Cl) N AQ T T to yQ`w/ O N Q� N N r % T O ' �, L? Os r N N O T M co N O ca T T T O N 00 a� E a� �Q m cn r= C) (� N J LU Q m 2� LU 0 0= z co LL 0= 0 QJ d Q Q O OD O N A N L O LL U) U N O ^L I..L LL