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HomeMy WebLinkAbout03/21/2017 Purchase and Planting of Parkway TreesVillage of Mount Prospect Public Works Request for Bids Description: Fire Hydrants and Accessories Bid due date/time: March 6th, 2017 at 1:00 p.m. Sealed bids will be received for Fire Hydrants and Accessories. Bids will be received no later than 1:00 p.m. local time on March 6th, 2017 at the office of Village Manager, Village of Mount, 3rd Floor, 50 South Emerson Street, Mount Prospect, Illinois 60056, and then publicly read aloud. Please place your bid in a sealed envelope clearly marked "SEALED BID — Fire Hydrants and Accessories" and with the following information: company's name, address, item bid, date and time of opening. Bid deposit is waived and not required. No payment/performance bond or insurance is required. Bid packages are available at no charge from the Village of Mount Prospect Public Works, 1700 West Central Road, Mount Prospect, Illinois 60056 or by calling 847-870-5640. The Village of Mount Prospect reserves and affirms the right to reject any or all bids, have pre -determined pre -qualifications, to waive any and all informalities, technicalities and irregularities in the bids, and to make an award based on the best interests of the Village. Village of Mount Prospect Public Works Department Fire Hydrants and Accessories 2 5/11/2017 BoardDocs® Pro IN Agenda Item Details Meeting Mar 21, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m. Category 8. VILLAGE MANAGER'S REPORT Subject 8.3 Motion to accept bid results for the purchase and planting of parkway trees (not to exceed $150,000). Access Public Type Action Preferred Date Mar 21, 2017 Absolute Date Mar 21, 2017 Fiscal Impact Yes Dollar Amount 150,000.00 Budgeted Yes Budget Source General Fund Recommended Accept the bid results for the furnishing and planting of parkway trees in an amount not to exceed Action $150,000. Public Content Information Bids were recently opened for the provision and installation of parkway trees. Bid prices were sought for a wide variety of tree species, in sizes ranging from 1-1/2" to 3" in trunk diameter. Bidders submitted a cost per tree to furnish, install and guarantee each tree. Bid prices will be good through July 2017. Eleven invitational bid packets containing the specifications were mailed. A separate "Bid Notice" was published in a local newspaper, and the bid was placed on the Onvia on Demand bid clearinghouse website. Six sealed bids were opened on March 6, 2017. Bid specifications and tabulated results are attached. At this time, we do not know how many trees we will need to order this year. Based on last year's parkways tree removals, we plan to plant approximately 600 parkway trees in 2017. We received bids from six (6) contractors: Huffman Landscape, Acres Group, Arthur Weiler, Inc, Brancato Landscaping, Inc, A Safe Haven Landscaping, and Langton Group. No single contractor provided prices on all sizes and species listed on our bid sheet; nor were any of the bidders low on every species they quoted. Huffman Landscape, Acres Group and Arthur Weiler, Inc., Brancato Landscaping, Inc., and A Safe Haven Landscaping, have successfully planted many trees for us in the past. Langton Group has not worked for us before. However, each of the six contractors, including the new bidder, submitted bids with adequate references to complete an order of tree furnishing and planting. There is a total of $236,000 in various tree planting accounts in the 2017 Village budget. Staff recommends that the spring 2017 tree planting order be split among Huffman Landscape, Acres Group, Arthur Weiler, Inc., Brancato Landscaping, Inc., A Safe Haven Landscaping, and Langton Group. Each tree will be ordered from the lowest bidder for that size and species. If not available from that bidder, it will be ordered from the next lowest bidder. The total expenditures will not exceed $150,000. The balance of $86,000 will be used in the fall to purchase trees through the Suburban Tree Consortium, pending the acceptance of our application. The Village's membership application to the Suburban Tree Consortium will be considered at their regularly scheduled March meeting. hftps://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/2 5/11/2017 BoardDocs® Pro Alternatives 1. Accept bid results for the furnishing and planting of parkway trees. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the Village Board accept the bid results for the furnishing and planting of parkway trees. Staff also recommends that trees be procured by splitting the order among Huffman Landscape, Acres Group, Arthur Weiler, Inc., Brancato Landscaping, Inc., A Safe Haven Landscaping, and Langton Group. Each tree will be ordered from the lowest cost bidder for the size and species required. If not available from that bidder, it will be ordered from the next lowest cost bidder. Total expenditures will not exceed $150,000. BID -PLANT 2017 FINAL.pdf (568 KB) BID -RESULT -SHEET -REPLACEMENT PLANTING BID 2017 -with highlights.pdf (107 KB) Administrative Content I converted the Excel Spreadsheet to PDF. (NB) Executive Content Motion & Votin Accept the bid results for the furnishing and planting of parkway trees in an amount not to exceed $150,000. VBA 24-17 Motion by Richard Rogers, second by Michael Zadel. Final Resolution: Motion Carries Yea: Paul Hoefert, John Matuszak, Steve Polit, Richard Rogers, Colleen Saccotelli, Michael Zadel hftps://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 2/2 1 -a -mem' - Bid Request for Parkway Tree Furnishing and Planting Contract 2017 BID OPENING: Monday, March 6, 2017 —1:00 p.m. local time Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 NOTICE TO BIDDERS Bid for Parkway Tree Furnishing and Planting Contract 2017 Sealed bids will be received until Monday, March 6, 2017 — 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 Parkway Tree Furnishing and Planting Contract 2017". Plans and specifications may be obtained at 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, to reject any and all bids or parts thereof, to waive any irregularities technicalities and informalities in bid procedures and to award the contract in a manner best serving the interests of the Village. Questions about these bid specifications should be directed to Forestry/Grounds Superintendent Dave Hull at 847-870-5640. Village Manager Michael Cassady February 13, 2017 Parkway Tree Furnishing and Planting Contract 2017 Table of Contents Section Page Notice to Bidders 2 Table of Contents 3 Bid Packet Information 4 Instructions to Bidders 7 Specifications 11 General Conditions 18 Proposal Form - Exhibit A 25 Bid Form 29 Affidavit— Bid Certification Form 33 Bid Security 35 Bid Sheets 37 Growers Statement 41 Contract - Exhibit B 43 3 VILLAGE OF MOUNT PROSPECT Parkway Tree Furnishing and Planting Contract 2017 BID PACKET The Village of Mount Prospect is seeking proposals for its: Parkway Tree Furnishing and Planting Contract 2017 PROJECT SCOPE The Contractor shall provide, at a minimum, the following work: The Village of Mount Prospect is seeking proposals for the furnishing and planting of specified varieties of replacement shade trees. This Contract shall be in effect beginning April 1, 2017 and shall remain in effect until December 31, 2017, unless terminated by either party under the conditions specified in Section 10, Contract Termination. 1. RECEIPT OF PROPOSALS Sealed bid proposals for furnishing and planting of trees in Village parkways and other public areas must be received in the Village Manager's Office, at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois 60056, no later than 1:00p.m. on March 6, 2017. Bids arriving after that time will not be accepted. Mailed bids, which are delivered after the specified hour, will not be accepted regardless of postmarked time on the envelope. Electronic mail (email) and/or facsimile transmitted bids will not be accepted. All bid proposals will be publicly opened and prices read aloud thereafter on the same date at the Mount Prospect Village Hall, 50 South Emerson Street, Mount Prospect, Illinois. 2. HOW TO SUBMIT A BID The bid proposal must be delivered in a sealed envelope to the Village Hall and marked to the attention of the "Village Manager". The bid proposal must be clearly marked: Sealed Bid "PARKWAY TREE FURNISHING AND PLANTING - 2017" 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 4 qualifications or stipulations shall be stated on standard letter size sheets of paper, separate from the proposal form but included within the sealed proposal. It will be the sole responsibility of the bidder to ensure that his or her bid reaches the Mount Prospect Village Manager's Office on or before the deadline for bid submissions set forth above. Any bid that is not sealed or marked as specified in the requirements for submitting a bid will be disqualified from the bidding process. 3. QUALIFICATION OF BIDDERS To be entitled to consideration, bids must be submitted in accordance with this Notice to Bidders and the "Village of Mount Prospect Instructions to Bidders", and on the Proposal Form (Exhibit A). In addition, bidders must be licensed to do business in the Village of Mount Prospect, and must furnish satisfactory evidence of their professional experience and ability to meet the performance requirements of the PARKWAY TREE FURNISHING AND PLANTING CONTRACT - 2017 (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. c) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. d) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. e) The quality of performance of previous contracts. f) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. g) The sufficiency of the financial resources and ability of the bidder to perform the contract and provide the service. 5 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 Sheet and "PARKWAY TREE FURNISHING AND PLANTING CONTRACT - 2017" (Exhibit B). The successful bidder will be required to execute the PARKWAY TREE FURNISHING AND PLANTING CONTRACT 2017 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. 0 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 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. A landscape contractor who does not have his own nursery stock available and who buys stock wholesale must submit a Grower Statement from each supplying grower using the blank "Grower Statement" forms attached to this bid. These forms certify that the grower has the stock, that it was grown in northern Illinois or Wisconsin, and that they will furnish same to the landscape contractor for planting in this project. In the absence of such written statements, those bidders with their own nurseries will be preferred. 10.Any bidder in doubt as to the true meaning of any part of the Specifications or other bid documents shall submit a written request for interpretation to Dave Hull, no later than five (5) calendar days prior to the date set for the opening of the bid. Any questions received after that time may be answered at the discretion of the Village. In the event that the Village finds a question to be adequately addressed in the existing bidding documents, the question may be answered in writing by directing the requesting bidder to the applicable provision(s) in the existing bid documents. No further clarifications or interpretations will be issued. Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral explanations are not binding. 11. Prices shall be provided for each service required to be performed under the contract. 12.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. 13. 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 E. 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. 14. 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. 15. 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. 16.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. 17. Prices shall be stated in units when applicable and quotation made on each item separately. In case of conflict, unit price shall govern. 18. 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. 19. If required in the Specifications, each bidder must submit with his or her bid a certified check of bid bond in an amount of $500.00 US Dollars, payable to the Village as a guarantee that the successful bidder will supply services as specified. The proceeds of any Bid guarantee shall become the property of the Village if the successful bidder, within 30 days after the opening of Bids, withdraws his Bid or if on notice for award refuses or is unable to comply with the contract requirements. 20. 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. 21. 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. 22.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. E 23.The opaque envelope containing the bid shall be marked plainly, "SEALED BID for PARKWAY TREE FURNISHING AND PLANTING CONTRACT 2017", and date of the bid opening. (See also Notice to Bidders requirements). 24.The bidder's submittal shall include the completed Proposal Form. The Village will strictly hold the bidder to the terms of the Proposal Form. The Proposal Form must be executed by a person having the legal right and authority to bind the bidder. Questions about this Request for Bids should be directed to: PARKWAY TREE FURNISHING AND PLANTING CONTRACT 2017 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 10 SPECIFICATIONS SPECIFICATIONS — GENERAL These specifications are written for Balled and Burlapped trees. All planting must follow the most current guidelines listed in the International Society of Arboriculture tree planting Best Management Practices booklet as well as ANSI A300-2005 (Part 6) transplanting. A. Plant Materials 1. Diameter of all trees shall be measured at a point six inches above the root flare. 2. All trees shall be nursery grown and shall conform to the American Standard for Nursery Stock as approved by the American National Standards Institute, Inc. and issued as the most recent version of ANSI Z60.1. 3. In addition, all trees shall have straight trunks and be uniformly shaped with good full branching and well developed root systems. All trees shall be free from insects and disease, broken branches, and bark scrapes. 4. All tree roots shall be balled and burlapped. Minimum ball size must conform to the most recent edition of ANSI Z60.1. Balls shall be intact at time of planting. 5. Nylon twine shall not be used for balling. 6. After balling, the root flare (the point where the roots flare out from the trunk) must be at the very top of the root ball. The nursery must shave any excess soil from the top of the root ball before balling, so that the highest roots are covered by no more than 1/2" of soil. See planting detail. 7. In the event that grant funding becomes available, any trees ordered by the Village for the Metropolitan Mayors Caucus EAB Restoration Program shall be grown in northern Illinois at an Illinois Department of Agriculture Certified Nursery. 8. Trees shall be true to name as specified. 9. Trees shall be freshly dug. No heeled -in plants, plants from cold storage or plants dug in spring and stored over the summer, will be accepted. 10. Tree trunks shall not be wrapped. B. Transportation and Handling 1. The Contractor will transport the trees to the planting sites. All trees will be covered during transport to reduce water loss through transpiration. 2. Plant material shall be handled in a manner as to cause the least amount of damage during the planting process. 11 3. Balled and burlapped plants shall always be handled by the soil ball. Under no circumstances shall they be dragged, lifted or pulled by the trunk or foliage parts in a manner that will loosen the roots in the ball. 4. On the job site, plants should be handled, secured or covered so as to prevent damage from wind and vibration. Plants shall never be thrown or bounced off a truck or loader to the ground. 5. Plant material shall be planted the day it is taken to the planting site, or it shall be watered and/or covered and placed in a shady area to prevent drying out or freezing. C. Pruning/Plastic Seal 1. Any necessary pruning will be done by Village personnel. 2. The Contractor shall not remove the plastic "Mount Prospect Public Works" seal. D. Digging Planting Hole 1. All planting holes shall be hand -dug and circular in outline. 2. Depth of holes shall be such that the bottom of the root ball will be placed on undisturbed subgrade, and the root flare shall be at, or within one inch above, the grade of the surrounding soil. 3. Width of holes at the soil surface shall be twice the diameter of the root ball, with sides sloping inward towards the bottom of the root ball (see planting detail). 12 GtrI-o FtAW, AT �P L�JF�t oR 1" AC)04Ir- NALu 3=4" emp 2- i or DAvKr, OVA BALL.. UniDI!5TGr_Mj 501 L. TKrr No Nvp.r_ THAnI 2, �Tv4rn" rLPF-r- Anlr2 Tots Or OA LL ONI; NALf PtWf✓TCr- Cr "_f t3ALL- (Note, above detail is for standard sites.) *j (AVA`rTL) 5,2iL- 4. Excavated plant pits that will be left open when work is not in progress or pose an immediate and considerable hazard to traffic shall be adequately barricaded with qualified warning devices. No planting pit may remain open in excess of 24 hours. E. Placement of Tree/Unwraouina Ball 1. The tree shall be placed plumb in the center of the hole. 2. All ropes, strings, nails, burlap wrapping, and wire baskets shall be removed from the upper one-half of the root ball after the tree has been placed in the hole. F. Backfilling/Watering 1. In most instances, the backfill around the ball shall be the same soil that was removed from the hole. However, in cases where excessive rocks, stones, etc. are encountered, topsoil shall be used. 2. When approximately two-thirds to three-fourths of the planting pit has been backfilled, the hole shall be watered so as to settle the soil around all of the roots. After the water has been absorbed, the planting pit shall be filled with the planting soil, tamped lightly to grade, and watered thoroughly again. Any further settlement shall be brought to grade with additional planting soil. Contractor shall supply all watering equipment; water may be obtained at no charge at the Public Works facility at 1700 W. Central Road. 13 3. A shallow "saucer" of soil, approximately 3-4" high, shall be formed just inside the edge of each planting hole to serve as a water reservoir. 4. Any excess soil or debris shall be removed from the planting site immediately upon completion of planting each individual tree. G. Mulching 1. After planting, the Contractor shall install a three to four inch layer of wood chips or other approved mulch over the root ball out to the outer edge of the soil saucer. 2. No mulch shall be placed in contact with the trunk of the tree. 3. The Village will make a supply of wood chips available to the Contractor at the Public Works facility, at no charge to the Contractor. H. Trunk Wrapping The trunk of the tree shall not be wrapped. Any existing trunk wrapping materials shall be removed and disposed of. SPECIFICATIONS - OTHER Sodded Areas No vehicles of any kind shall be placed, parked, or operated upon or over any sodded areas at any time except as authorized by the Public Works Director or authorized representative. Schools - Around schools, Contractor is requested to schedule work so as to minimize conflicts with regularly scheduled school buses and school related traffic, especially at the beginning and ending of the school day. It is preferred that work is scheduled on days when school is not in session, if possible, as long as other deadlines contained within these specifications are met. Obstruction of Streets and Riaht-of-W The Contractor shall arrange to keep sidewalks open for traffic when possible, and block portions of the streets only when absolutely necessary. The Contractor shall schedule work so that the public may have the use of the streets a maximum amount of time. The Contractor is to erect warning signs, traffic cones, arrow boards and furnish adequate barricades, wherever required. Communications/Public Relations — Contractor is required to notify the Forestry/Grounds Superintendent 24 hours in advance of beginning work and to check in daily to report a planned route, progress or work, and problems. Contractor shall at all times endeavor to maintain good relations with the public and respectfully answer questions. Accident Prevention - The Contractor shall exercise every precaution at all times for the protection of persons and properties. The safety provisions of all -applicable laws and 14 ordinances shall be strictly observed. Any practice obviously hazardous in the opinion of the Public Works Director, or authorized representative, shall be immediately discontinued by the Contractor upon receipt of instructions from the Public Works Director, or authorized representative to discontinue such practice. The Contractor shall abide by all EPA and OSHA safety standards and regulations. Damage Repair of all damage done to sidewalks, driveways, curbs, streets, fire hydrants, buffalo boxes, street and traffic signs, light standards or other structures, lawns, other trees, or any other public or private property during the operations of this contract shall be at the Contractor's expense. Repairs or replacements shall be accomplished as soon as possible, but no later than sixty (60) days after the date the damaged has occurred. Note that the Contractor is not authorized to drive equipment onto private property without previous authorization from the property owner. Utility Locates — It will be the bidders responsibility to notify all underground utility companies by contacting J.U.L.I.E. within the time frame required by law. The Village will furnish address lists. (An exception to this procedure may be made in our downtown; in which case Village staff will meet with utility companies on site). Estimated Quantities It is estimated that 300-400 trees will be purchased on this bid. Full payment will be made by the Village to the successful bidder. This is a planting program with the residents; hence, it is not possible to specify the exact count or species of trees until after the bid results are made public and forwarded to the residents. Acceptable Nurseries Only trees grown in northern Illinois or Wisconsin will be purchased. Duration of Bid Prices All bids to remain a firm price through December 31, 2017. The Village will place a percentage of its order in Spring with a Fall planting price guaranteed. Planting Deadlines The successful bidder must be able to furnish and plant the trees being bid within 30 calendar days after receipt of order. Trees must be planted within 10 days of digging. Spring planting should be completed by May 15, 2017, if at all possible, with May 31 st being the absolute latest acceptable planting date. Fall planting must be completed on or before November 20t" Multiple Contracts The Village reserves the right to award multiple contracts in the following procedure: 1. All bidders are requested to bid on each variety of tree listed. Failure to do so will not necessarily disqualify a bidder. 15 2. The minimum contract to any successful bidder will be ten (10) trees of any combination of the varieties specified herein. Tagging of Trees Before digging, the Village reserves the right to tag all trees in the ground at the nursery. An exception may be made for trees growing more than 100 miles from Mount Prospect. These trees must be shipped to a location no more than 100 miles from Mount Prospect for inspection and possible tagging. Bidder shall be required to remove any trunk wrappings prior to inspection. The Village shall not be required to accept or pay for any shipped trees which, in the opinion of the Director of Public Works or his authorized representative, do not meet specifications. Note, regardless of where they are shipped, all trees must be locally grown in Northern Illinois or Wisconsin. Final Acceptance of Trees Approval of trees during tagging shall not be construed as final acceptance. The Village reserves the right to additionally reject trees at the final planting site under the following conditions: If the trees are missing the plastic seal placed by the Village during tagging. 1. If the trees are found to be injured or in poor condition (including dry or cracked root balls). 2. If, after the ball wrapping materials are removed, the root flare (the point where the roots flare out from the trunk) is deeper than 1/2" below the top of the root ball (see "Plant Materials"). In each case, the Village shall not pay for the rejected trees, even if they have already been planted. Further, the Contractor shall provide and plant replacement trees meeting these specifications, of the same size and species, during the same planting season. Location of Planting Sites All plantings will be made on Village parkways at various addresses. The Village will mark the curbing or sidewalk for the location of the new plantings. All trees must be centered in the parkway at that point, unless otherwise directed. Day/Time of Work Village Code states that no work shall be done on Sundays, holidays or any day before 7 A.M. or after 7 P.M. Since the Village intends to send a Forestry Division member to closely monitor the Contractor's crew during planting, to help solve any problems, it is required that the Contractor work weekdays within the hours of 7 A.M. and 3 P.M. Additionally, the Village requests that there will be no planting crews in Mount Prospect on the following days: during our annual Arbor Day ceremony (tentatively Friday April 28, 2017) and during the two day Illinois Arborist Association conference —(tentatively October 17 and 18, 2017.) Leaning Trees All bidders will guarantee that the new plantings will remain plumb for 45 days after planting, or they will have to return and straighten same and stake if necessary. All guy wires must have appropriate warning flags. Guarantee All bid prices are to include planting and a minimum one year warranty. All trees which die or fail to grow adequately in the opinion of the Director of Public Works within one year after planting must be replaced the same or the following planting season, as directed by the Director of Public Works. Guaranteed trees shall be tagged by the Village, and planting of same shall be governed by all the provisions of these specifications. If in the opinion of the contractor the original tree died because of unsuitable growing conditions he shall notify the Director of Public Works. If the Village agrees, the Village will still require a guaranteed replacement but will request a different, similarly priced species for replacement or request that the replacement tree be planted in a more favorable site. If the dead tree is still present when it is time to plant the guaranteed replacement, the contractor shall be required to remove and properly dispose of the dead tree. Five percent (5%) of the total contract amount shall be retained by the Village until the end of the guarantee period, for purposes of insuring performance during the guarantee period. 17 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 any required bonds and certificate of insurance. 2. Upon the Village's receipt of the executed contract, any required bonds and certificate of insurance, the Village will issue and send to the contractor a Notice to Proceed, that will start the performance period. 3. Completion Dates It is expected that this contract will be awarded on March 21, 2017 and remain in effect until December 31, 2017 unless terminated by either party under the conditions specified in Section 10, Contract Termination. 4. 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. 5. 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. 6. 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. 18 7. 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. 8. 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. 9. All costs and charges incurred by the Village, together with the cost of performing the required services shall be deducted from any monies due or which may become due to the contractor under the contract. Following any payment due and received by the Village from the contractor's surety following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this contract for the performance of required services during the contract period, the surety shall be entitled to receive the excess difference paid to the Village. When such contractor default costs incurred by the Village exceeds the sum paid to the Village for the performance of the required services under the contract, the contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. 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. 19 3. The performance of services shall be subject at all times to inspection by the Village or its inspectors, and the contractor will be held strictly to the diligent execution of the contract. The Village or its inspectors shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. Completed performance of services not complying with the contract may be rejected by the Village and shall be performed again by the contractor at no expense to the Village. 4. Except where the Specifications indicate otherwise, the Village is not responsible for providing any tools, equipment, or storage under the contract in order to permit the completion of any contractual obligations under the contract. 5. The contractor shall provide an adequate number of competently trained personnel with sufficient supervision to perform the services required, and the contractor shall provide identification of its personnel if requested by the Village. Any contractor's employee or representative whose employment is reasonably detrimental or objectionable to the Village shall be transferred immediately from the work site upon the Village's request. The exercise of this option shall not be construed as placing the Village in charge of the performance of the services required under the contract, or as making the Village responsible for safety. All tools or equipment required to carry out the operations within the scope of the contract shall be provided by the contractor, and shall meet the standards of OSHA and the State of Illinois safety codes as may be required by law. The Village reserves the right to inspect the equipment that will be used prior to the award of the bid. 6. The contractor shall at all times have a competent person in charge of its work crew at the job site to whom the Village representative may issue directives. Such person shall be competent in the English language. C. Insurance; Indemnification 1. Insurance Requirements. In the submission of a bid, the bidder is certifying that it has all the insurance coverage required by law or that would normally be expected for the bidder's type of work. In addition, the bidder is certifying that, as the successful bidder/contractor, upon execution of the contract, it will provide insurance of such types and in such amounts as may be necessary to protect itself and the interests of the Village against all hazards or risks of loss contemplated by the contract. The Village shall be named as an additional insured on all applicable insurance policies. Satisfactory certificates of insurance shall be filed with the Village upon execution of the contract. The certificates shall state that thirty (30) days advance written notice will be given to the Village before any policy covered thereby is changed or canceled. Insurance coverage shall be in the following minimum amounts: 20 Limit/ Limit/ Type of Insurance Ea. Occurrence Aggregate General Liability Bodily Injury $1,000,000 $3,000,000 Property Damage $1,000,000 $3,000,000 Contractual Ins. $1,000,000 $3,000,000 Automobile Liability Bodily Injury $1,000,000 $1,000,000 Property Damage $1,000,000 $1,000,000 Workers Compensation Employee Claims Employers Liability Statutory for Illinois $1,000,000 per accident 3. Indemnification. The contractor shall indemnify and save harmless the Village, its officers, employees and agents from any and all liability, losses or damages, including attorneys fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, in any way resulting from or arising out of the operations of the contractor under the contract, including operations of subcontractors; and the contractor shall, at his own expense, appear, defend and pay all attorneys fees and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgments shall be rendered against the Village in any such action, the contractor shall, at his own expense, satisfy and discharge same. The contractor expressly understands and agrees that any bonds, letters of credit or insurance protection required by the contract, or otherwise provided by the contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village as herein provided. 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. 21 2. The contractor shall, at all times during the life of this contract, observe and abide by all federal, state and local laws which in any way affect the conduct of the work and with all decrees and orders of courts or agencies of competent jurisdiction. Likewise, said contractor shall be governed by all municipal ordinances and regulations which in any way affect the conduct of the work. The contractor shall indemnify and save harmless the Village, its officers, agents and employees against any claim or liability arising from or based on his violation of any law, ordinance, regulation, decree or court order. The bidder and contractor, as the successful bidder, shall comply with all applicable federal, state and local laws, including, but not limited to, the following: a. Bid Rigging/Rotating. By submitting a bid, the contractor certifies that no owner, officer or director is barred from contracting with any unit of state or local government as a result of violating the bid rigging or bid rotating provisions contained in 720 ILCS 5/33E-3 & 33E-4. b. Tax Payment. The contractor certifies that it is not delinquent in the payment of any taxes to the Illinois Department of Revenue pursuant to 65 ILCS 5/11-42.1-1. C. Drug Free Workplace Act. The contractor will comply with the requirements of the Drug Free Workplace Act if the contract is $5,000 or more, and it has more than 24 employees at the time of entering into the contract pursuant to 30 1 LCS 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. 22 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. Retainage. The Village shall retain 5% from the payment on each invoice. Approximately one year after planting, upon confirmation that any dead or substantially dying trees are to be guaranteed and replaced by contractor, the Village shall pay the amount it has retained. See Guarantee section above. 2. General Guaranty. Neither partial or final payment, nor any provision in the contract, nor partial or entire use of the product/Work embraced in the contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor of liability in respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. F. Miscellaneous Contract Requirements 1. Contract Alterations. No amendment of a contract shall be valid unless made in writing and signed by the Village President, Village Manager or their authorized representative. 2. Licenses and Permits. The contractor shall procure at its own expense all the necessary licenses and permits in connection with the work under the contract. 3. Nonassignability. 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. 23 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. 24 EXHIBIT A (Upon award of contract, to be attached to PARKWAY TREE FURNISHING AND PLANTING CONTRACT 2017 as Exhibit A) Bid Proposal Form Village of Mount Prospect PARKWAY TREE FURNISHING AND PLANTING CONTRACT 2017 OWNER INFORMATION Owner Name: Address: Business Name: Business Address: Home Phone: This Business is a: Business Phone: ❑ Individual Proprietorship ❑ Joint Venture ❑ Partnership ❑ Corporation If applicable, give names and addresses of all partners, officers or directors. Name Address Has the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? ❑ YES If yes, explain in full detail on a separate sheet of paper. ❑ NO Does the business currently hold a license or have a contract with any other municipality for service? ❑ YES ❑ NO 25 If yes, explain in full on a separate sheet of paper. Have any complaints against the business been filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, or any other governmental body during the period of one year prior to the date of this proposal? ❑ YES ❑ NO If yes, explain in full on a separate sheet of paper. Please note, the Village reserves the right to conduct its own search with the Illinois Commerce Commission, the Illinois Attorney General, or any other governmental body, and may take into consideration any complaints and/or pending complaints made against the business or owner. In submitting this Proposal Form requesting award of the Village of Mount Prospect PARKWAY TREE FURNISHING AND PLANTING CONTRACT 2017, 1 hereby certify that: 1. 1 will not assign or subcontract any contracted work or services for the Village without prior written approval of the Corporate Authorities of the Village of Mount Prospect; 2. Neither I, nor any person who will be working on my behalf, has been convicted under the laws of Illinois or any other state of an offense which under the laws of this state would be a felony involving the theft of property, violence to persons, or criminal damage to property. Please note that in the case of a person whose last conviction was more than two years past, and can demonstrate a compelling showing that he/she is nevertheless fit, such person or operator may be approved by the Village Manager if otherwise eligible; 3. 1 am not barred by law from contracting with the Village because of a conviction for prior violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating)); 4. 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment, fee or tax owed to the Village; 5. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et seq.); — 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; 7. 1 shall comply with the Americans with Disabilities Act; 8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); and 9. All of the information I have provided in this Application has been truthful and given in good faith. M. I have read and understand the information provided with this Proposal Form, including the Notice to Bidders, Instructions to Bidder, the General Conditions, the Specifications and the PARKWAY TREE FURNISHING AND PLANTING CONTRACT 2017, and agree to abide by the conditions set forth therein. My signature below indicates my acceptance of all such conditions and my bid for award of the Village of Mount Prospect PARKWAY TREE FURNISHING AND PLANTING CONTRACT 2017. Name of Company Bid Submitted By Position in Company Phone No. Date Bidder must use the official firm name and authorized representative must sign. 27 FROM: BID FORM PARKWAY TREE FURNISHING AND PLANTING 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") PARKWAY TREE FURNISHING AND PLANTING CONTRACT 2017 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 Sheets Growers Statement Contract Document Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools, equipment, and services (including all utility and transportation services) required to perform the required services, all in accordance with the above listed documents. Bidder agrees to perform all of the required services and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all requested services. The Bidder acknowledges it understands all the requested services for which it has submitted a bid. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the required services as incidental to the fixed item price for each item proposed. 29 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 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 any required bonds or letter of credit and certificate of insurance to the Village within ten (10) business days. The Village will then issue a written Notice to Proceed. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling any bonds, or taking such other action as may be available. 30 In addition to Exhibit A (Bid Proposal Form), this Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3) BID SHEET(S) — PARKWAY TREE FURNISHING AND PLANTING 4) List of required references and equipment Respectfully submitted: Name of Firm/Bidder: By: _ Title: Date: Contact Information: Official Address: Telephone: Email: (Signature) ONE (1) SIGNED COPY OF EXHIBIT A (BID PROPOSAL FORM), THIS BID FORM AND BID SHEETS ALONG WITH THE AFFIDAVIT -BID CERTIFCATION FORM, REQUIRED REFERENCES AND EQUIPMENT AND GROWERS STATEMENT, SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. 31 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) R 33 not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition, voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Sexual Harassment Policy Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (III) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A "public contract" includes: ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersigned certifies that all information contained in this Affidavit is true and correct. Signed by: Signature Name Printed: Title: Signed and sworn to before me this day of , 20_ My commission expires: Notary Public 34 BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of $500.00, 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 SEAL (if corporation) DAY OF , 20_. 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 35 The undersigned herewith submits a bid on the Parkway Tree Furnishing and Planting Contract 2017 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, IL 60056, prior to 1:00 p.m. on March 6, 2017. Note: All trees listed below are to be single stemmed. 37 2.011 2.5" Bid aty' Bid qty' Bid qty' Scientific Name m Common Name Price / AvailA�rail Price / Price / Avail Tree Tree Tree Acer campestre Hedge Maple Acer x freemani 'Autumn 'Marmo' 'Autumn Blaze', 'Marmo' or Blaze', or 'Celebration' 'Celebration' Freeman Maple Acer miyabei Miyabe Maple *Amelanchier x grandiflora 'Forest Prince' or'Autumn 'Forest Prince' or'Autumn Brilliance' Serviceberry Brilliance' (tree form) Specify: *Amelanchier laevis 'Spring Spring Flurry' Serviceberry FI u rry' Carpinus caroliniana (tree American Hornbeam form) (Musclewood 'Chicagoland', 'Windy City' or Celtis occidentalis Common Hackberry Specify: *Cercidiphyllum japonicum Katsura Tree Cercis canadensis (tree form) Eastern Redbud Cornus mas 'Golden Glory' 'Golden Glory' dogwood (tree (tree form) form) Caldrastis lutea (tree form) American Yellowwood Crataegus crus-galli var. Thornless Cockspur Hawthorn inermis (tree form) Ginkgo biloba'Autumn Gold' 'Autumn Gold' Ginkgo Ginkgo biloba 'Princeton 'Princeton Sentry' Ginkgo Sentry' Gleditsia tricanthos inermis 'Skyline', 'Shademaster' or 'Skyline', 'Shademaster' or 'Sunburst' Honeylocust 'Sunburst' Specify: Gymnocladus dioicus Kentucky Coffeetree Gymnocladus dioicus 'JC 'JC McDaniels' or 'Espresso' McDaniel s' or 'Espresso' Kentucky Coffeetree Specify: *Liriodendron tulipifera Tuliptree Maclura pomifera 'White White Shield Osage Orange Shield' Malus 'White Angel', 'Donald 'White Angel', 'Donald Wyman' Wyman' or'Ormiston Roy' or'Ormiston Roy' Crabapple Spec f Malus'Adams' 'Adams' Crabapple Malus'Prarifire' 'Prarifire' Crabapple Malus'Red Jewel' Red Jewel' Crabapple 37 Mal us 'Adirondack' 'Adirondack' Crabapple Spientifie Name, Bid Qty. Bid QtY Bid Qty: Common Name Price / Avail Price / Avail Price / AvalI Tree Tree Tree Metasequoia glyptostroboides Dawn Redwood *Nyssa sylvatica Blackgum *Ostrya virginiana Ironwood (Hophornbeam) Parrotia persica Persian Ironwood 'Vanessa' Or specified variety: Platanus x acerifolia 'Bloodgood', 'Ovation' or 'Bloodgood' 'Ovation' or 'Exclamation' London 'Exclamation' Planetree Specify: *Pyrus calleryana'Autumn 'Autumn Blaze' callery pear Blaze' *Pyrus calleryana 'Redspire' 'Redspire' Callery Pear *Quercus bicolor Swamp White Oak *Quercus borealis (rubra) Northern Red Oak *Quercus macrocarpa Bur Oak *Quercus muehlenbergii Chinkapin Oak *Quercus robur English Oak Sassafras albidum Common Sassafras Syringa reticulata 'Ivory Silk' 'Ivory Silk' Tree Lilac (tree form) Syringa pekinensis'China 'China Snow' or'Summer Snow' or'Summer Charm' Charm' Tree Lilac tree form Specify: *Taxodium distichum Bald Cypress Tilia cordata'Greenspire' or 'Greenspire' or'Glenleven' 'Littleleaf 'Glenleven' Linden Specify: Tilia euchlora'Redmond' 'Redmond' Linden Tilia tomentosa 'Sterling' 'Sterling' Silver Linden Tilia americana 'Douglas' or 'Douglas' or 'American Sentry' 'American Sentry' American Linden Specify: Ulmus japonica x wilsoniana 'Accolade' American Elm Ulmus'Morton Glossy' 'Triumph' American Elm Ulmus'Valley Forge' Valley Forge' American Elm Ulmus americana 'Princeton' 'Princeton' american elm Ulmus parvifolia Lacebark Elm Miscellaneous Trees 3" and Larger 3.0{' Scientific Name Camrnon Name Rid Price,/ Tree Qty. Avail Acer x freemani 'Autumn Blaze', 'Marmo' or 'Celebration' 'Autumn Blaze', 'Marmo' or'Celebration' Freeman Maple Acer miyabei Miyabe Maple Celtis occidentalis'Chicagoland', 'Windy City' or common Hackberry'Chicagoland', 'Windy City' or common Specify: Ginkgo biloba 'Autumn Gold' 'Autumn Gold' Ginkgo Gleditsia tricanthos inermis'Skyline' or 'Shademaster' 'Skyline' or'Shademaster' Honeylocust Specify: Gymnocladus dioicus Kentucky Coffeetree Malus'Adams' 'Adams' Crabapple Malus'Prarifire' 'Prarifire' Crabapple Malus'Red Jewel' 'Red Jewel' Crabapple Malus'White Angel', 'Donald Wyman' or 'Ormiston Roy' White Angel', 'Donald Wyman—or Ormiston Roy' Crabapple Specify: Platanus x acerifolia 'Bloodgood' 'Ovation' or'Exclamation' 'Bloodgood', 'Ovation' or'Exclamation' London Planetree Specify: *'Pyrus calleryana'Autumn Blaze' 'Autumn Blaze' callery pear *Pyrus calleryana 'Redspire' or 'Chanticleer' 'Reds pire' or 'Chanticleer' Callery Pear Specify: Syringa reticulata 'Ivory Silk' (tree form) 'Ivory Silk' Tree Lilac Tilia cordata 'Greenspire' 'Greenspire' Littleleaf Linden Tilia americana 'Douglas' 'Douglas' american linden *Quercus bicolor Swamp White Oak *Quercus borealis (rubra) Northern Red Oak *Quercus muehlenbergii Chinkapin Oak *Quercus robur English Oak Spring planting only IE Submitted this day of , 2017. Mark outside of envelope: "SEALED BID FOR PARKWAY TREE FURNISHING AND PLANTING CONTRACT 2017" and deliver to the Village Manager's office at 50 S. Emerson St., 3rd Floor Mount Prospect, IL 60056. Bid Opening: MONDAY, March 6, 2017 at 1:O0pm Name of Company/Frim: Address: By: Telephone: Date Submitted: Also note any exceptions to the specifications below. Company Owner: Address: City, State, Zip: Telephone: Signature: Date: Note: All bids to remain firm for ninety (90) days. 2017 Be sure to mark outside of envelope, "Sealed bid for Parkway Tree Furnishing and Planting Contract 2017." 40 VILLAGE OF MOUNT PROSPECT PARKWAY TREE FURNISHING AND PLANTING CONTRACT 2017 Grower's Statement Common Name * 1.5" 2.0" 2.5" 3.0" 4.0" 5.0" I, , certify that the above trees are in stock, were grown in (Print Grower name) Northern Illinois or Wisconsin, and that we will furnish these trees to for planting in the Mount Prospect 2017 Parkway Tree (Name of Planting Contractor) Planting projects. Grower Company Grower Address Grower Company Representative (Print) Grower Signature Grower Phone # Date * Grower must fill in all species and sizes he/she is able to furnish for this bid. 41 EXHIBIT B VILLAGE OF MOUNT PROSPECT PARKWAY TREE FURNISHING AND PLANTING CONTRACT 2017 THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the Village of Mount Prospect, an Illinois home rule municipality (hereinafter the "Village"), and , an , located at Illinois, (hereinafter the "Contractor"). 1. GENERAL As stated in the bid document. 2. SPECIFICATIONS As stated in the bid document. 3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the proposal Specifications. 4. ADHERENCE TO LAWS Employees and agents of Contractor shall obey all federal, state, county and municipal laws and ordinances during the execution of their duties under this Contract. The existence of this Contract does not exempt such individuals from compliance with such laws or ordinances, nor does it convey any special rights or privileges upon those individuals. Contractor shall meet all applicable licensing requirements of the Village. In addition, Contractor is required to comply with all federal, state, county and municipal laws and ordinances, including the following: a. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30 1 LCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; d. Comply with the Americans with Disabilities Act; and 43 e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, which states as follows: Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause EQUAL EMPLOYMENT OPPORTUNITY In the event of contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2) That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service. 4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules, the contractor will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5) That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department 44 or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. 6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. With respect to the two types of subcontracts referred to under paragraph 7 of the Equal Employment Opportunity Clause above, following is an excerpt of Section 750.30 of the Department of Human Right's Rules and Regulations for Public Contracts: Title 44, Part 750, Section 750.30, Illinois Administrative Code, Subcontracts Each public contractor and subcontractor shall in turn include the Equal Employment Opportunity Clause set forth in Appendix A of this Part in each of its subcontracts under which any portion of the contract obligations are undertaken or assumed, said inclusion to be either verbatim or by reference so that the provisions of the clause will be binding upon such subcontractors. 5. FEE SCHEDULE The charges to be assessed by Contractor under this Contract are set forth in the fee schedule contained in Exhibit A. 6. LOG BOOK, RECORDS & REPORTS REQUIRED The Contractor shall provide the Village with a written status report on its provision of services required by the Contract. This report shall be due before the tenth day of the following month. 7. METHODS OF PAYMENT Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. 45 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,8) for immediate termination, failure of Contractor to perform any aspect of this Contract properly and/or to provide proper treatment to the general public, in the sole discretion of the Vilage, is cause for immediate termination of the Contract without prior notice. 11. LENGTH OF CONTRACT This Contract shall be in effect beginning February 17, 2017, and shall remain in effect until December 31, 2017, unless terminated by either party under the conditions specified in Section 10, Contract Termination. 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 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. 47 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. 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