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HomeMy WebLinkAbout04/05/2017 EAB Insecticide Treatment Services5/1/2017 BoardDocs® Pro Agenda Item Details Meeting Apr 05, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m. Category 5. CONSENT AGENDA Subject 5.2 Motion to accept bid for EAB insecticide treatment services in an amount not to exceed $28,028 Access Public Type Action (Consent) Preferred Date Apr 05, 2017 Absolute Date Apr 05, 2017 Fiscal Impact Yes Dollar Amount 28,028.00 Budgeted Yes Budget Source General Fund Recommended Accept the bid for a two (2) -year (2017-2018) EAB Insecticide Treatment contract submitted by Action Kinnucan Tree Experts Company in an amount not to exceed $28,028. Year two (2) (2018) will be in an amount not to exceed $28,881 and will be contingent upon the availability of funds for this purpose. Staff also requests authority to extend the contract by one (1) year (2019) if performance is satisfactory and the contractor agrees to maintain pricing. Public Content Information The proposed contract provides for the treatment of ash trees with emerald ash borer (EAB) insecticide. Beginning in 2009, Public Works has proactively treated a selection of parkway ash trees in attempt to prevent infestation by the emerald ash borer (EAB). As authorized by the Village Board, we have been treating these trees annually with the hope that we will be able to preserve a small population of high quality ash trees in our parkways. Currently, these trees are separated into two (2) groups and treated biannually (every other year) with a product called Tree -age. Tree -age is considered to the most effective treatment for killing EAB larvae. In 2017, treatment will be applied to group A, consisting of approximately 481 trees (6,716 diameter inches). In 2018, treatment will be applied to group B, consisting of approximately 315 trees (6,932 diameter inches). In exploring different opportunities to accomplish this task, staff looked to utilize the Municipal Partnering Initiative (MPI). MPI currently does not have an active contract for EAB insecticide treatment. As such, staff elected to seek competitive bids via an in-house letting. The bid award is for a two (2) year (2017-2018) EAB insecticide treatment contract. The bid also includes an option to extend the contract one (1) additional year (2019) if both parties agree. Nine invitational bids were mailed, a notice was published in a local newspaper, and the bid was placed on the OnviaDemandstar online bidding website. The following four (4) bids were received and publicly opened on March 20, 2017 at 1:00 p.m. at the Village Hall, 50 South Emerson Street, Mount Prospect, Illinois 60056: Bidder 2017 Bid Price 2018 Bid Price Total Bid https://www.boarddocs.comAl/vomp/Board.nsf/Private?open&login# 1/2 Bid Request for EAB Insecticide Application Contract 2017 and 2018 BID OPENING: Monday, March 20, 2017 —1:00 p.m. local time Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 H:\Forestry\WORD\2017\EAB\BID-EAB INSECTICIDE APPL 2017-2018.docx ESB InsecticideAgplication Contract 2017 and 2018 Table of Contents Section Page Notice to Bidders 1 Table of Contents 2 Bid Packet Information 3 Instructions to Bidders 7 Specifications 10 General Conditions 12 Proposal Form - Exhibit A 19 Bid Form 23 Affidavit — Bid Certification Form 27 Bid Security 29 Bid Sheet(s) 31 Contract — Exhibit B 33 TREE -age Rate Sheet — Exhibit C 39 2 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 "EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018" 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 EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 (Exhibit 8). 4. AWARD OF CONTRACT TO SUCCESSFUL BIDDER The Village of Mount Prospect will be the sole interpreter of all bid documents, and reserves the right to make its own assessment of bids received; to reject any and all bids; to waive irregularities and technicalities in the bids; to further negotiate details of the contract with the low bidder after award of the contract; and to award the contract based upon its consideration of the following criteria as well as relevant statutory provisions: a) Lowest responsible bidder, b) The ability, capacity, and skill of the bidder to perform the contract to provide the service required. 4 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 7 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 $500.00, payable to the Village, is required, unless otherwise stated in the bid package. The deposit must be in the form of a bid bond, certified check, or a bank cashier's check. All bid performance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful bidder will be retained until all requirements have been satisfied and proof of insurance coverage is provided. 19. In case of default by the bidder, the Village may procure the services from other sources and may deduct the cost of such services from the unpaid balance due the bidder, or may collect against the retainage for excess costs so paid, and the prices paid by the Village shall be considered the prevailing market price at the time such purchase is made. 20. The bidder shall hold the Village, its officers, employees and agents, harmless from liability of any nature or kind on account of the Village's use of any copyrighted or uncopyrighted composition, trade secrets, secret process, proprietary rights, patented or unpatented invention, article or appliance furnished or used under the bid specifications. 21. The successful bidder is specifically denied the right of using in any form or medium the name of the Village for any advertising, promotion or reference unless express written permission is granted by the Village. 22. The opaque envelope containing the bid shall be marked plainly, "SEALED BID for EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018", 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: EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 Dave Hull, Forestry/Grounds Superintendent Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, Illinois 60056 Phone: 847.870.5640 Email: dhull@mountprospect.org 9 all times endeavor to maintain good relations with the public and respectfully answer questions. Damage Repair of all damage done to sidewalks, driveways, curbs, streets, fire hydrants, buffalo boxes, street and traffic signs, light standards or other structures, lawns, other trees, or any other public or private property during the operations of this contract shall be at the Contractor's expense. Repairs or replacements shall be accomplished as soon as possible, but no later than sixty (60) days after the date the damaged has occurred. Note that the Contractor is not authorized to drive equipment onto private property without previous authorization from the property owner. Cleanup/Flag Placement Thorough cleanup of each work site shall be required, including raking and sweeping if necessary. A flag provided by the Village, stating that the tree has been treated, shall be left by the contractor at the base of each treated tree. Additionally, a letter prepared by the Village will be left by the contractor asking the resident to water the treated tree. APPLICATION SPECIFICATIONS TREE -age — trunk injection: Product — TREE -age by Arborjet (with the active ingredient Emamectin Benzoate) Rate — This product shall be mixed in accordance with the label to control Emerald Ash Borer. Exhibit C, based on Arborjet's suggested medium rate, identifies the exact milliliters that must be administered according to the DBH for two year control of EAB. Application Method — Trunk Injection administered through the Arborjet Tree IV system, or the air hydraulic system manufactured by Arborjet, using #4 Arborplugs and a 3/8" drill bit. Both application methods are acceptable, except for trees with a DBH larger than 27", and then the Tree IV system shall be used. Drill bits should be Arborjet double helix bits or a comparable brad point bit. (Only sharp bits shall be used and changed regularly throughout the contract.) The placement of the injection sites, the number of injection sites and drill depth shall all be done in accordance with the product label in correlation to the tree DBH. Arbor plugs should be evenly spaced, placed straight in, set to the correct depth, and placed in the flare of the tree when possible. 11 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 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 13 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. Insurance; Indemnification Insurance Re uirernents. 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 Aqqreqate General Liability Bodily Injury $1,000,000 $3,000,000 Property Damage $1,000,000 $3,000,000 Contractual Ins. $1,000,000 $3,000,000 Automobile Liability Bodily Injury $1,000,000 $1,000,000 Property Damage $1,000,000 $1,000,000 Workers Compensation Employee Claims Employers Liability Statutory for Illinois $1,000,000 per accident 3. Indemnification. The contractor shall indemnify and save harmless the Village, its officers, employees and agents from any and all liability, losses or damages, including attorneys fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, in any way resulting from or arising out of the operations of the contractor under the contract, including operations of subcontractors; and the contractor shall, at his own expense, appear, defend and pay all attorneys fees and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgments shall be rendered against the Village in any such action, the contractor shall, at his own expense, satisfy and discharge same. The contractor expressly understands and agrees that 15 E. C. Drug Free Workplace Act. The contractor will comply with the requirements of the Drug Free Workplace Act if the contract is $5,000 or more, and it has more than 24 employees at the time of entering into the contract pursuant to 30 ILCS 580, et seq. d, Preference to Veterans Act. The contractor will comply with the Preference to Veterans Act, 330 ILCS 55, et seq. f. Non -Discrimination. The contractor will comply with the Illinois Public Works Employment discrimination Act, 775 ILCS 10/1, et seq. g. E ual 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 Reguest. Section 7 of the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short time from receipt of a FOIA request to comply with the request and there is a significant amount of work required to process a request including collating and reviewing the information. The bidder/contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public records (as that term is defined by Section 2(c) of FOIA) in the undersigned's possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. The bidder/contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalties, losses and injuries (including but not limited to, attorneys fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide public records to the Village under the contract. Work Guaranty 17 EXHIBIT A (Upon award of contract, to be attached to EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 as Exhibit A) Bid Proposal Form Village of Mount Prospect EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 OWNER INFORMATION Owner Name: Address: Business Name: Business Address: Home Phone: This Business is a Business Phone: If applicable, give names and addresses of all partners, officers or directors. Name Address Has the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? ❑ YES E] 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? n YES ❑ NO 19 Individual Proprietorship [] Joint Venture n Partnership ❑ Corporation If applicable, give names and addresses of all partners, officers or directors. Name Address Has the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? ❑ YES E] 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? n YES ❑ NO 19 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 EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018, 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 EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018. 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 BID FORM EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 Village of Mount Prospect Department of Public Works FROM. (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") EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 The bidders have familiarized themselves with the services to be performed and probable work conditions required under this Bid affecting the cost of the performance of the required services and with the Bid Documents which include: Notice to Bidders Table of Contents Bid Packet Information Instructions for Bidders Specifications General Conditions Proposal Form Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet Contract — Exhibit B Tree -age Rate Sheet - Exhibit C 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. 23 In addition to Exhibit A (Bid Proposal Form), this Bid Submittal contains the following: 1) Bid Proposal Form (Exhibit A) 2) Bid Form 3) Affidavit — Bid Certification Form 4) Bid Security 5) BID SHEET(S) 6) List of required references and equipment 7) Proof of Pesticide Applicator License for Ornamentals Respectfully submitted: Name of Firm/Bidder: By: _ Title: Date: Contact Information: Official Address;. Telephone: Email: ...................................... (Signature) ONE (1) SIGNED COPY OF EXHIBIT A (BID PROPOSAL FORM), THIS BID FORM AND BID SHEETS ALONG WITH THE AFFIDAVIT — BID CERTIFCATION FORM, REQUIRED REFERENCES AND EQUIPMENT, PESTICIDE APPLICATOR LICENSE, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. 25 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. RiggingSection 11 Bid o 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 K BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of , by , the bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should bidder be awarded the contract for services contemplated under this bid and fail or refuse to execute a contract for the performance of said services, or to provide the required payment, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS DAY OF , 20_. SEAL (if corporation) Bidder: 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 BID SHEET EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 The undersigned herewith submits a bid on the "EAB Insecticide Application Contract 2017 and 2018" in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 S. Emerson Street, 3`d Floor, Mount Prospect, Illinois 60056, prior to 1:00p.m. on March 20, 2017. Contractor is reguested to submit a price per DBH Inch for TREE -age trunk injection. 2017 Number of trees* Number of DBH inches* 481 6,716 TREE -age Trunk Injection Price/DBH inch $ (x 6,716) - Extended Cost $ 2018 Number of trees* 315 TREE -age Trunk Injection Price/DBH inch $ (x 6,932) _ Number of DBH inches* 6,932 Extended Cost $ * Numbers are approximate and may not be reflected on the actual assigned list. The charts below show the size and quantities expected to be treated by year. 31 20172018 .... _...... ..... .... DBH QUANTITY Extended DBH DBH GUANTIT1', Extended DBH 6 1 6 8 4 32 7 3 21 9 4 36 8 2 16 10 8 80 9 12 108 11 8 88 10 33 330 12 5 60 11 40 440 17 1 17 12 56 672 18 12 216 13 51 663 19 24 456 14 75 1050 20 47 940 15 63 945 21 29 609 16 47 752 22 30 660 17 67 1139 23 30 690 18 26 468 24 29 696 19 1 19 25 13 325 20 0 0 26 17 442 21 2 42 27 11 297 22 1 22 28 14 392 23 _ 1 ........................................-6716 23 29 8 232 Total 481 30 9 270 31 3 93 32 2 64 33 4 132 34 1 34 34 1 34 37 1 37 Totals: 315 6932 31 EXHIBIT B VILLAGE OF MOUNT PROSPECT EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the Village of Mount Prospect, an Illinois home rule municipality (hereinafter the "Village"), and an , located at Illinois, (hereinafter the "Contractor"). GENERAL As stated in the bid document. 2. SPECIFICATIONS As stated in the bid document. 3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the proposal Specifications. 4. ADHERENCE TO LAWS Employees and agents of Contractor shall obey all federal, state, county and municipal laws and ordinances during the execution of their duties under this Contract. The existence of this Contract does not exempt such individuals from compliance with such laws or ordinances, nor does it convey any special rights or privileges upon those individuals. Contractor shall meet all applicable licensing requirements of the Village. In addition, Contractor is required to comply with all federal, state, county and municipal laws and ordinances, including the following: a. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30 ILCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seg.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; d. Comply with the Americans with Disabilities Act; and 33 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 SOON RECORDS & REPORTS REQUIRED The Contractor shall provide the Village with a written status report on its provision of services required by the Contract. This report shall be due before the tenth day of the following month. 7. METHODS OF PAYMENT Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. 35 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. 37 - REQUIRED RATE SHEET FOR TREE -age Treeage may be diluted with water. Consult label for dilution rates. <,, Recommended Tool Exhibit C 39 BID SHEET The undersigned herewith submits a bid on the "EAB Insecticide Application Contract 2017 and 2018" in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 S. Emerson Street, 3'd Floor, Mount Prospect, Illinois 60056, prior to 1:00p.m. on March 20, 2017. C nt ° oris re ues ed to ubmit a rice r Dli� inch for TR' �,;,µa e trunk.. in,�„�"ecjior^�. 2017 Number trees* Number of DBH inches' 6,716 TREE -age Trunk Injection Price/DBH inch $ 3.95 (x 6,716) = Extended Cost $26,528.20 2018 Number of trees* flu e of 0131-1 inches* 315 6,932 TREE -age Trunk Injection Price/DBH inch $ 3.35 (x 6,932) = Extended Cost $ 27„361.40 ” Numbers are approximate and may not be reflected on the actual assigned list. The charts below show the size and quantities expected to be treated by year. 31 2017 2018 DBH QUANTITY Extended DBH DBH QUANTITY Extended DBf 6 1 6 8 4 32 7 3 21 9 4 36 8 2 16 10 8 80 9 12 108 11 8 88 10 33 330 1 12 5 60 11 40 440 17 1 17 12 56 672 1 18 12 216 13 51 663 19 24 456 14 75 1050 20 47 940 15 63 945 21 29 609 16 47 752 22 30 660 17 67 1139 23 30 690 18 26 468 24 29 696 19 1 19 25 13 325 20 0 0 26 17 442 21 2 42 27 11 297 22 1 22 28 14 392 23 1 23 29 8 232 Total 481 6716 30 9 270 31 3 93 32 2 64 33 4 132 34 1 34 34 1 34 37 1 37 Totals: 315 6932 31