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6.5 Motion to find the lowest-cost bid submitted by the Langton Group of Woodstock, IL for the 2023-2024 Holiday Lighting Contract non-responsive to the experience requirements of the bid documents and accept the second-lowest cost bid submitted by McFarl
Item Cover Page Subject, Mlotion to find the lowest -cost bid submitted by the Langton Groulp of Woodstock, I"L for the 2023-2024 Holiday Lighting Contract non-responsive to the experience requirements of the bid documents and accept the second-lowestcost bid submitted by McFarlane Douglass of Burr Ridge, I"L as the lowest cost�, qualified bid for the work in, an amount not to exceed $45,686 in 2023. Meeting September 5, 2023 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact "X/N) Dollar Amount Budget Source Category Type Information Y $45,686.00 General Fund CORSERT AI 11A Action Item Additionally, the bid specifications also request a cost for installing lights that will remain installed yeiar-round. These lights will primarily be installed in an area bounded by Central Road, Emerson Street, Northwest Highway, and Main Street. The intention is to heilp deivelop an ambiance for downtown restaurants and shops. I S SM. I = 21 ON VOTIT F. ra M. I I 1 0 =_ M_ W, rem TO % M1 .14 BID RESULTS I L -W -M IPJ UP NJWJ'JL-J W -M IL-W-T"IL Discussion The apparent low bidder, Langton Group of Woodstock, IL suibmitted a bid significantly lower than the other fo,uir (4) bidders. As required by the bid', docum�nits, the firm also submitted several municipal references, but most were four llandsca,pe or snow removal work and', none were clearly idnitified', a,s, hollida,y lighting contracts. Staff reached out to Langton Group to, have there clarify which references were for holiday lighting work Langton Group identified three (3) refir ences to contact about their ability to perform this type of wo,rk. These references included the City of Aurora, the City of Woodstock, and the Villllag:e of Glenview. Staff contacted' all three (3) references and, spoke with, thir representatives.. Unfortunately, only the C'ity of Woodstock was able to confirm that Langton Group had completed a, holiday lighting contract for them. Although the contract was of comparable value, the scope of work was quite different It inclluided lighting more shrUbs, than trees, and the trees that we�re llit were looped with lights, not wrapped, as Village specifications require Sta,ff contacted Langton, Gro,uip again to see if they could provide appropriate references The firm responded that they co,uild not. The next llowest-cos,t bidder is McFarlane DOUglass and Companies of B�uirr Ridge, Illinois (McFarlane Douglass) McFarlane Douglass has previously co,mp�lleted this contract for the Village of Mount Prospect (Holiday Tree Lighting Contract 2020-2023). Additionally, the firm provided adequate references for similar work, including holiday lighting contracts, for the City of HIighla,nd Park, the City of ILa,ke (Forest, and', the Village of Lisle. A11 refer�nce checks, indicated that the firm comipleted', the contracts satisfactorily. It is the opinion of staff tha,t McFarlane Douglass, is, qualified', and capable to successfully exeCUte this proposed contract. A, co ,py of McFarlane Douglass' bid submittal is attached. McFarlane Dougllass's, bid price is a 17% increase when compared', to 2�020 rates for s,imilar work. This contract is, for a, two (2) -year term commencing in 2023, and' concluding in 2024. There is an option to extend the contract for one (1), additional year provided both parties agree and the contractor agrees to hold 2024 prices. Staff recommends including a 101% contingency in the project award to allow for qUantity variances and unianticipated conclitions In this insta,ncei, a; 10% contingeinic�y added to the loiweist cost bid WOUld reSUlt in a total c�ontra,ct awa,rd of $145,68i6.00 (Base �r d: $41,53i3i.0101 + Contingency: $4,153 0101 = Total Recommended, Award: Alternatives 1. Reject the lowest -cost bid for the Holiday Lighting Contract as non- responsive to the bid documents and accept the second -lowest cost bid. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends that the Village Board find the lowest -cost bid submitted by the Langton, Group of Woodstock, IL for the 2023-2024 Holiday Lighting Contract non- responsive to the experience requirements of the bid documents based on staff's due diligience and accept the second -lowest cost bid submitted by McFarlane Douglass of Burr Ridge, IL as the lowest -cost, qualified bid for the work in an, amount not to exceed $45,686 in 2023. Expenditures in, 2024 will be limited to funds allocated for this purpose in the 2024 budget. In addition, staff also recommends that the Village Board authorize staff to extend the contract for one (1) additional year (2025) provided both, parties agree and the McFarlane Douglass agrees to hold 2024 prices. Option, year expenditures will be limited to amounts allocated for this purpose in the 2025 budget. Attachments 1 . BID -McFarlane Douglass Submittal -HOLIDAY LIGHTS 2023-24 2. BID HOLIDAY LIGHTS 2023-24 3. HOLIDAY LIGHTS MAP 2023 4. Holiday Tree Lighting Contract Bid Results (CivicClerk) EXHIIBIIT A (Upon award of contract, to be attached to the TREE LIGHTING CONTRACT 2023-24 as Exhibit A) Owner Name: C)S Date Of Birth: er 16's Address: 7 Business Name. Q..'417 Rij.qinPq.o. Hlo�me Phone: Business, Phone: This Business is, a: F-1 Individual Proprietorship D Joint Venture F-1 Partnership X Corporation If applicable, give names, addresses, and dates of birth, of alll partners, officers, or directors. Name Address, Date of Birth Has the applicant, business, or member of the business ever hadl a license or contract revoked, suspended or canicellled? ❑ YES JXNO If: yes,, expllain, in full detail on a separate sheet of paper. Does the business currently held license or have a contract with any other municipality for service? - Fs F O I N 18 If yes, explain in, f:ulIl 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? FI YES, NO If yes, explain in fuill 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 considleration any comiplaints and/or pending com,pllaiints made agiainst the business or owner. In submitting this Proposal Form requesting award of the Village of Mount Prospect TREE LIGHTING CONTRACT 2023-24, II hereby certify that: 1 1 will not assign, or subcontract holiday light installation or removal services for the Village without prior written approval of the Corporate Authorities of the Villllage of Mount Prospect; 2. Neither I, nor any person who wi,lll 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; & 1 am not barred by law from contracting with, the Village because of a conviction for prior violations, of either Sections 33E-3 or 33,E-4 of the Illinois Criminal Code of: 1965 (720 1 LCS 5/33E-3 (Bid) Rigging) or 720 US 5/33-4 (Bid Rotating)); 4. II am not dlelinquent 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, I provide a drug free workplace pursuant to the Drug, Free Workplace Act (30 ILCS 580/11, et seg.); & 1 shall comply with Article 2 of the Illinois Human Rights, Act (775 ILCS 5/2-101, et and the Rules and Regulations of the Illinois Department of Human Rights,, including establishmenit and maintenance of a sexual harassment policy as required by Section 2-1105 of that Article and Act, 7. 1 shall comply with the Americans with Disabilities, Act; 8. Ii shall comply with the Illinois Pubilic Works Employment Discrimination Act (775 ILCS 10/1 et seq.,); and 9, AlIl of the information I have provided in this application has been truthful and given in good faith. W 0 I'll's 11111,11,10 S 0 0 Nlame of Company rN Bid Submitted By rID Position in Comp'aniy Phionie No. Date B,iidder must use the official firm, name and authiorized representative must sign. w 112-10TRIM BID FOR111 TREE LIGHTING CONTRACT 20,23-24 Village of' Mount Prospect le,� Public Works (hereinafter called) "Bidld�er"') TO: Office of the Villlage Manager, 31d Flloor 50 South Emerson Street M1 ount Prospect, Illinois 60,056 (hereinafter called "Village"' or "Village of Mount Prospect") TREE LIGHTING CO,NiTRACT'2023-24 The bidders have familiarized themselves with, the services to, be performed and probable work conditions, required under this, Bid af'fectingi the cost of the performance of the required services and with the Bid Documents which, include: Notice to Bidders Table of Contents Bid Packet Information Instructions for Bidders General Conditions and Special Provisions Specif !cations General Conditions Proposal Form Bidl Form Affidavit — Bid Certification Form Bidl Security Bidl Sheet Contract Document Attachment A Attachment B Therefore, the Bidder hereby proposes to, furnish all supervis,ioni, technical personnel, labor, materials, tools, equipment, and services, (including alll utility and) transportation services) required to perform, the required services, all in accordance with, the above listed documents. Bidder agrees to perform alll of the required services and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all iitems and has provided a price for alll requested services. The Bidder acknoMedges it understands, all the requested services for which it has submitted a bid). 22 The Bidder wwilll complete and provide alll labor, eqluipm,ent, materials and mobilization (if applicable) to perform the required services as, incidental to the fixed item price for each item proposed. In, submiittingl this blid, the Bidder understands that the Village reserves the right to add to or subtract from the estimated qluianitiities., The Villlage intends to award one (11) contract (if at all) for the items bid. If written notice of award of this, bid is mailed, emiailled or otherwise delliivered to the Biddler at any time before this bid is withdrawn, the Bidder agrees to execute and deliver, the contract in the prescribed form, and furnish payment and performance bonidls, or letter of credlit, andl 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 folllowing: 1) The contractor agrees to provide all required services and items andl material to the Village as noted in the Biidl Documents and comply with the requirements of the Bid Documents. 2) The contractor agrees to compilly with all applicable federal and state laws, rules and regulations, and county and municipal oirdlinanices, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the! Bidder in the! spaces provided below: ...... .......................... Addlendum Add�enid�um, Date Acknowledgernent by Bidder or Authorized Date No, ReprqLqntative 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 willl 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 submitfing its bid. Upon award of: the contract, the Village will send Notice of Award to the successful Bidder, the Bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (1 g1) business days. The Villlage wrwiilll 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 vwithholdingl compensation due the contractor for failure to complete the said work in the designated time frame, calllinig the bonds, or taking such other action as may be availablIe. 23 Security in the sum of cane -thousand dolllars ($1000), in form of (check one): Bidl Bond -Certified Check — Bank Cashier's Check is attached hereto in accordance with the "Instructions, for Bidders". This Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3), Bid Security 4) BID SHEET(S)l — HOLIDAY TREE LIGHTING CONTRACT 2023-24 5) List of reqluiired references and equipment Respectfully submitted: yn Name of Firm/Bidder: B. (Signature) Title - Date: Contact Information: Official Address: ry Telephone, ONE (1) SIGNED COPY OF THIS BID, FORIWPII AND, BID SHEETS ALONG WITH THE AFFIDAVIT - BID, CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED, MARKED, ENVELOPE., 24 F -101M ddress.- AFFIDAVIT — BID CERTIFICATION FORM ba As a condition of entering into a contract with the Villlagie of Mount Prospect, and under oath and penalty of: perjury and possible termination of: contract rights and debarment, the undersigned, being first duly sworn ons oath, deposes and states that he or she is (sollle owner,, ne�, I cunt 1,xventured, President, Secretary, etc.), of: has, the authority to make all (Name of Company) certifications reqluired by this, affidavit. Section, I Non -Collusion The uinders,igned certifies that this bidl is genuine and not c6lusive or a sham, that said bidder has, not collludled, coinspliredl, c�oniniived or agireed, dlirectly 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 collluis,iioni, or communication or conference with any person, to fix the bid price element of this bliidl, 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 It Bid Rigging and Rotating VX 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 simiilar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois, Criminal Code, 720 II -CS 5/33E-3, 33E4 Section, 111 Drug Free Workplace The undersigned further states that (Name of Company) provides a drug free wolrkplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1, et seq., and has,, to, the extent not covered by a collective bargainingi agreement that deals with, the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 I LCS, 265/1 et seq., a substance abuse prevention program that meets or exceeds, these requirements of that Act. Section IV Tax Pament The HInriprozigned further states that is 033s�� 2'5 not dellinquent in payment of any taxes to the Illinois, Department of: Revenue, in accordance with Illinois Compiled Statues, 65 ILLS 5/11-42.1. The undersigned understands that making a false statement regiardiingi delinquency in, taxes is, a Cllass A Misdemeanor and, in adldlitioln, voids the contract and allows, the municipality to recover all amounts paid to the iindiividuuall or entity under the contract in, civil action. Section V Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-1015 (A), every party to a publlic contract must: "Have written, sexual harassment policies that shall include, at a minimum, the following information: (1) the illlegallity of: sexual harassment; (11I) the definition of sexual harassment under State law; (IIID i a descriiption of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V)i the llegiall recourse,, investigative and complaint process available through, the Department (of Human Rights) and the Commission (Human Rights Commission); (VII) 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 corpo ation is a party."" 775 LCS5/1-103(M,(2002), The undersigned further states that W has (Name of Company) µ> a written sexuiall harassment policy in place in full comipilliance with 775 ILLS 5/2-1105 (A), (4). It its, 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 uindiersigned certifies that all i formation contained in this Affidavit is true and correct. Signed by. Tulle: Signature Name Printed: e::�O 4,4�C a( 6EM 0 Signed and sworn, to before me this day of _A " kXL_, 201-3 My commission expires: Notary Public COLE17E ICIALPALERMO F SEAL Notary Public - State of: U1 oli�s M o 0 n 141 CMmIsall :n Ex ire�s A r W BID SECURITY Included with this bid is a bank cash Nr'scheck certifi!check or bifid bond in, the amount of one -thousand dolllars SJe, bidder, ins 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 reqluiired payment and performance bonds, or letter of: credit, and certificate of insurance, then this security, in the amount stipuilated above, shall be forfeited and may be retained by the Village of Mount Prospect as, l'iquiidated damages, and not as a penialty.Alll bids to remain firm for a period of niiniety (90) days after bid opening datp -bid "I r\ SUBMITTED THIS )'�\ \ DAY OF 20�6 SEAL, (if corporation) tsivaer: Bidder's Agent and Agent's, 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 siginedl 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 llaws of the State of 27 BID SHEET TREE LIGHTING CONTRACT 2023-24 The undersiglnedl herewith submits a bid on a, Tree Lighting Contract 2023-24 in accordance with the attached docurnents. AJIII bids, are to be delivered to the office of the Village Manager at 5,01 South Emerson Street 31d' Floor, Mount Prospect, Illinois, 60056, prior to 11:00 PM, August 23, 2023. SCHEQUILE OF PRICES We will perform, the services as, outlined in the TREE LIGHTING, CONTRACT for sums as follows, All prices to Instaill are using the wrapping miethiodl only. 2n23 Pricine 10-1 Totall Cost 2023: $ q' I t 5-,Q1 . 2,023 Additional costs not to be included in boto& 1. Additional cost to remove LED strainids for reuse: 2. Hourly labor rate to perform majintenance/repair lit trees: 2024 Pricing Estimated Qty of Strainidls InstaRation on parkway trees Inducling removaill via cutting strainds. 1807 pnslallation an, parkway trees w/ no removal. 795 installation on pocket park trees $ l /strand Strand Extended Cost LA �Fe including removall via, cutting strands, (#162-175 on Attachimient "A") Ij"- , �-JZ6' Totall Cost 2024:.$ r, 2024 Additional costs not to he included in totals: 1. Additional cost to remove LED strands for reuse: $ /strand 2. Hiourlly labor rate to perform maintenancelrepair iiia trees: $ /hr Contract Totall 2023/2024: $ 28 Estimated City Item of Strands I ,Cost rand ExtendedCost — Installation on parkway trees �nduding removaill via cutting strands, 1807 l�, lnistallation on parkway trees w/ no removal, 795 LA �L Installation on, pocket park trees including removall (#162-175 on "A"") Attachment /10 10-1 Totall Cost 2023: $ q' I t 5-,Q1 . 2,023 Additional costs not to be included in boto& 1. Additional cost to remove LED strainids for reuse: 2. Hourly labor rate to perform majintenance/repair lit trees: 2024 Pricing Estimated Qty of Strainidls InstaRation on parkway trees Inducling removaill via cutting strainds. 1807 pnslallation an, parkway trees w/ no removal. 795 installation on pocket park trees $ l /strand Strand Extended Cost LA �Fe including removall via, cutting strands, (#162-175 on Attachimient "A") Ij"- , �-JZ6' Totall Cost 2024:.$ r, 2024 Additional costs not to he included in totals: 1. Additional cost to remove LED strands for reuse: $ /strand 2. Hiourlly labor rate to perform maintenancelrepair iiia trees: $ /hr Contract Totall 2023/2024: $ 28 1143 TAmw DrW, Burr Rk*, IL W527 rwvdW.Md*I9nednu 9IwLwM 339'2900 , ulanedlauglmwau m 63o-325-2399, Fax Biking infd Village of Mount Prospect Dept. of Public Works 1700 W. Central) Road Mlount Prospect, IL 60056-2229 Quote Number: 64031 Quote Date. 018122/23 Customer leo.: M©1020137 Page: 1 Salesperson 'tiffany «« Village. vice .Prospect Dept. erW. Central o:d .mm .er Exterior Tree Lighting Proposal )milt Total Description, LOCS Qty. Price. Price 2024 ExteriorTree Lighting urogram Price Includes Labor & Materials Trunks Wrapped Canopy Draped) Branches Wrapped Exterior Tree Light Install, Number of trees Parkway trees with cut down removal Parkway trees no removal Pocket mark treses with removal Ext.tres light takedown After March 1st, 2024 Costs to remove lights LED, sbandls for reuse Hourly labor rate for maintenance Labor & Materials, as follows: 11 0.00 011.00 175 0.010 0.00 price per strand) 1,8 16.28 29.408.913 price per strand) 795 13.44 10,684.80 price per strand) 216 16.28 3,616.40 0 0.00 U1.001 0 000 0.00 0 0.00 0.00 Suibtotat $ 43,608.13 "rax. $ 469.51 Total Amount Including Taxes: $ 44,078.64 See "Condllttons off' Exterior Tree Ughting Purchases" attached 143 Tim° Drke, Burr RWaWO, NL 60527 WnNwmcfadminedowtam.a m 8W,33 2w IrIkA O% rUnm d"h'M.CDM 634335rv2M Fax BOW20 Village of n Prospect Dept.of PublicWorks 1700, Road Quote 64021 Quote Date: 08/22/23 141310124&,, Page: Salesperson Tiffany Service Village of un Prospect Dept. of N W. Central Road w.n 600661-2229 gxterlor Time Lighting Proposal Unit Totall Description Location Qty: trice. Price 2023 Exterior Tree Ligtvdng Prograrn Price includes Labor & Materials Trunks Mapped Canopy Drapedl Branches Wrapped) Exteriorr Tiree Light install), Labor & Materials, as follows: 11 1175 0..00 0..00 0,00, 0.001 Number of sprees Parkway des with out down, removall price per strand) 11 "8 16.50 28„008.50 Parkway trees no removal price per strand) 786 2116 12.80 15.60 110,1176.00 3,348.00 Pocket Paris trees wrlih removal' price per strand PadMtree tight takedown 0 0.00 0.00 After Match 1st: 2024 Costs to remove lights LED, strands for reuse 01 0,00 0.00, Hourly labor rate for maintenance 0 0.00 0.00, Sul $ 41,632.50 Tax: $ 447,16 Totall Arnouint Including Taxes: $ 0,978.416 See "Conditions of Exterior free Lighting Purchases” attached OFFICLIL CHECK 800022319 DATE: 08,122/2023 PAY TO ME VILLAGE OF MT PROSPECT 1 0 3 1 ORDER OF: L 111000-00i EXACTLY 1,000 AND OWIOO DRAWER: BUSEY BM RELITTER` NASAW DMILASSAND ASSOC 77W"AOAA MENU: C14RISTMA S -BIL ISSUED BY: €V ON PAYMENT SYSTEMS, INC Pi O� BOX 9476 M I N N EAPOLLS M N 55480 TWO-SiGN A TURRES REQUIRED pyx A MOUNT OVER S I 00,�3C�)M 0RAWLE. 800, N.A., EUFAULA, CK HOE10 0 0 2 2 3 & 9 us 1: 10 3 100 5 S I'M 1600 12 28 1998o UA of similar type Exterior Lighting Installation Services: 0 Elmhurst Mernoriall Center, o Address: 855 N. Church Ct., Elm,hiurst o Contact: Mark Hoffman o, Phone:630-9193-5819 City of Highland Park o Address: 1150 Half Day Read, Highland Park o Contact: Joe! ONeill o Phionie: 847-926-16014 0 The C'ity ofLake Forest • Address: 800, Noirthi Field Drive, Lake Forest • Contact: TrIcia Schwall o Phone: 8,47-810-3544 0 Villlaigie ofUsle • Address: 925 Burlington Ave., Lilslle • Contact: Catherine Schuster o Phone: 63�0-271-4148 M - Bid Request for Tree Lighting Contract 2023-24 BID OPENING: Auigust 23, 2023 at 1:00 PM NOTICE TO BIDDERS Bid for Tree Lighting Contract 2023-24 Sealed bids will be received until August 23, 2023 - 1 -00 p.m. in the office of the Tillage Manager, 311d Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056, in a separate, sealed envelope please submit bid clearly marked "Sealed Bid for Tree Lighting Cont�ract� 2�12�3-2�4"'., Plans and specifications may be obtained on the Village's website at www.,mountprospect org/bids Offers may not be withdrawn for a period of ninety (90) days after the bid date without t"M consent of the Board of Trustees. I Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent the aforementioned date and time, will be disqualified and returned to the bidder. I The Village reserves the right in its sole discretion, thereof, to waive any irregularities technicalities and to award the contract in a manner best serving the about these bid specifications should be directed to Dave Hull at 847-870-5640. 'Y'fl I go- I ERR: WK61230M t,#,, reject any and all bids or parts i f formalities in bid procedures and interests of the Village. Questions Forestry/Grounds Superintendent Tree Lighting Contract 2023-24 Table of Contents Section Eme Notice to Bidders 1 Table of Contents 2 Bid Packet Information 3 Instructions to Bidders 6 Specifications 9 General Conditions 11 Proposal Form - Exhibit A 18 Bid Form 22 Affidavit— Proposal Certification Form 25 Bid Security 27 Bid Sheet 28 Contract - Exhibit B 30 Attachment A — Tree Lighting Table 36 Attachment B — Lighting Method 40 VILLAGE OFIVIOUNT PROSPECT' TREE LIGHTING CONTRACT 2023-24 BID PACKET' The Village of Mount Prospect is seeking proposals for its: TREE LIGHTING CONTRACT' FOR 2023-24 PROJECT SCOPE The Village of Mount Prospect is seeking a contractor to install and later remove white incandescent or LED lights, using the wrapping method, on approximately 175 trees on public property in the downtown area in 2023-24. The Village will supply all light strands, extension cords, tees and electric tape; contractor will supply all labor and equipment. Contractors are asked to submit a price per strand for installation, and later removal, o r- light�s, cords, and tees as detailed in the specifications. Approximately 2818 strands a r expected to be required each year. The Village reserves the right to increase or reduc the amount of the lights installed depending upon funds available. The bid award will based on the lowest qualified contractor. This Contract shall be in effect beginning October 1, 2023 and shall remain in nect until January 31, 2025, unless terminated by either party under the conditions specifi in Section 10, Contract Termination. Upon satisfactory completion of the initial term the Contract, the Contract may be extended for an additional one (1) year period beyond the termination date by mutual, written agreement between the Villagepe] and th I Contractor. The extension is contingent on the Contractor agreeing to hold their pric at the same rate as the 2024 year. The Village reserves the right to re -bid the contra at the end of any contract riod. I Sealed bid proposals to provide the installation and later removal of white lights in the downtown area must be received in the Village Manager's Office, at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois 60056, no later than 1:00 p.m. on August 23, 2023. 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. 10 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 "TREE LIGHTING CONTRACT 2023-24". No p�roposal 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 7 11 fie s U1 LHU DIL]Ue 0716f f�A. f rUL the Mount Prospect Village Manager's Office on or before the deadline for bid submissions set forth abovei. Any bid that is not sealed or marked as specified in the requirements for submitting a bid will be disqualified from the bidding process. To be entitled to consideirat�ion, 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 TREE LIGHTING CONTRACT 2023-24 (Exhibit B). E, � WAY, "Al El exel 9 Kej iNk 19 -?T to a a � 1 [03 4111041 � X W all � 0 � 0.1 � I -I- TheTillage of Mount Prospect will be the sole interpreteir of all bid documeints, and reseirves the right to make its own assessment of bids received; to reject any and all bids; to waive irregulares and technicalities in the bids; to further negotiate 446*1"'i5,4 r%W"- I W-94z'Ai *i rzyn*� the contract based upon its consideration of the following criteria as well as relevant statutory provisions: 101IT1111100150117113 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 prompt�ly, or within the time specified, without delay or interfeireince. d) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. MOTIMIM f) The previous and existing compliance by the bidder with laws and ordinances reilat�ing to the contract. g) The sufficiency of the financial resources and ability of the biddeir to perform the contract and provide the service. MEMO— ii, 11101111111710111MINII 111 111 1121111MI11111:1111HIM 1 1: ��� I II m) Past records of the bidder's transactions with the Village or with otheir entities as evidence of the �biddeir's responsibility, character, integrity, reputation, judgment�, experience, efficiency and coopeirativeiness. n) Such other factors as would be in the best interest of the Village and its operations. -me-T17 N �ge @ i'MoTM7F FrTME-17MN 17711�- including the right to inspect all bidder worksites related o the bid. 111111111141910 19 � MUTN a 9 �Ifff,—Ifudmrs7cff C61 1 M�-TUFMTM TM I= I in this Notice to Bidder, the Instructions to Bidder, the Proposal Form (Exhibit A), the Specifications, the General Conditions, the Bid Form, the Affidavit — Bid Certification Form, the Bid Security Form, the Bid Sheet and "TREE LIGHTING CONTRACT' 2023-24" (Exhibit B). The successful bidder will be required to execute the TREE LIGHTING CONTRACT 2023-2�4 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. M VILLAGE OF MIOUNT 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 reseirves 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 seirved 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 biddeir to make the necessary examinations andYor inveistigations will be accepted as a basis for varying the requirements of the Village or the compensation to the bidder. 3. Bids must be signed byan authorized official of the organization submitting the bid with the name of the official and his/her fitle 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 busineiss; (b) evidence of the ability to provide an efficient and adequate plan for executing the services requesteid; and (c) any additional evidence tending to show that the bidder is prepared adequateily 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 biddeir 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 peirform the services required by the bid specifications. The reifeirences must include company namei, address, contact person and telephone number. The Village reserveis 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 madei. 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. MINIMUM: i 111 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 att�ached�) 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 rot�at�ing and bid rigging (720 ILCS 5/33E-3 and 5ME-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). (am IrgalMr—Alar—rgantLe I I Eel a RRS] 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 exist�ing bid documents. No further clarifications or interpretations will be issued. Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral explanations are not binding. 10. Prices shall be provided for each service required to be performed under the contract. I M Wil 1 01 ro 012 M_: 1 -1 '12. Bids will be considered on equipment or material complying substantially with the specifications, provided each deviation is stated and the substitution is described, including technical data when applicablei, in a letter attached to the bid. The Village reserves the right to determine whether such substitutions or deviations are within the intent of the specifications and will reasonably meet the service requirements of the applicable Village Department. Brand names which may be mentioned in the specifications do not indicate a preference and are used only as a reference to the type and quality of materials or equipment desired. 13.The brand name andYor manufacturer of each item proposed must be clearly stated. Guarantee and/or warranty information must be included with this bid. 14. Unless otherwise directed by the Specifications, all materials, equipment and services provided will meet standards or requirements which would normally be ant�icipated in common practicei. The bidder guarantees that all applicable federal, state and local laws, including the federal Occupational Safety and Health Act are be complied with in connection with the bid and any resultant contract or purchase by the Village. 0 15.All municipal, county, and State of Illinois sales taxes and fedeiral excise taxes, which are NOT applicable to sales to the Village of Mount Prospect, must be excluded from bid prices. 16. Prices shall be stated in units when applicable and quotation made on each item separately. In case of conflict, unit price shall govern. 17. Bidders must be sure to specify any terms which they wish to offer in the space provided. Cash discounts will be deducted from the base bid in determining the low bidder. 18.A bid deposit in the amount of one -thousand dollars ($1,000), payable to the Village, is required, unless otherwise stated in the bid package. The deposit must be in the form of a bid bond, certified check, or a bank cashier's check. All bid performance deposit checks will be retained by the Village until the bid award is madei, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful biddeir will be retained until surety bonding requirements have been satisfied and proof of insurance coverage is provided. 19. In case of default by the biddeir, the Village may procure the services from other sources and may deduct the cost of such seirvices from the unpaid balance due the biddeir, or may collect against the bond or surety for excess costs so paid, and the prices paid by the Village shall be considered the prevailing market price at the time such purchase is made. 20. The biddeir 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 Villagei. 22. The opaque enveilope containin the bid shall be marked plainly, "SEALED BID for TREE LIGHTING CONTRACT 2023-24", and date of the bid opening. (See also Notice to Biddeirs reiquirements). Questions about this Request for Bids should be directed to: TREE LIGHTING CONTRACT 2023-24 Dave Hull, Forestiry/Grounds Suiperint�enidenit Mount Prospect Publlic Works Department 1700, West Central Road Mount Prospect, llfinois 600,56 Phone: 847.870. 640 Emaill: dhulll@mountpirospect.org 0 SPECIFICATIONS 1 . The Village will supply contractor with all necessary lights, extension cords, tees and electric tape or tieing. (Lights shall be new, factory -tested light strands. Cords shall be new and used of varying lengths). 2. Light strands shall be installed, by using the wrapping method, around individual branches in such a way that the entire tree crown is evenly lit (not just outer perimeter or crown). 3. The contractor shall make sure all installed strands are lit and properly functioning by using a generator. 4. Quantities of strands required per tree shall be as shown in the attached Tree Lighting Table unless specified otherwise by the Public Works Director or authorized representative. If during installat�ion, a part�icular tree appears to need slightly more or feweir strands than listed, contractor shall contact Public Works Director or authorized representative for peirmission to vary from table. 5. Installation of each strand must begin with the female end so the male end can be plugged into the next strands or into the female end of a tee. 6. No more than 6 strands of incandescent lights may be installed in a serieis; afteir that tees must be used to connect multiple series of 6 strands. 7. When more than one tee is joined together, the resulting combination must end with one unused male plug. 8. Extension cords shall be plugged into the electrical outlet designated on maps and tree lighting table. 9. All connections shall be either firmly wrapped with electric tape, or tautly tieid. If contractor ties the ends, as opposed to taping, the contractor will be responsible for any ends coming unconnected. 10. Cords hanging over sidewalks must be secured so they are taut and hanging no lower than 9above walks. 11. During the process of installation the Village will inspect every tree for quality. The contractor will be given a list of trees where it is determined additional strands are needed. Contractor will need to install requested additional strands as directed by the Village at the current contracted rate per strand. This work to be done before final installation deadline. 12. The white incandescent and/or led light strands are composed of 50 lights at 6 inch spacing on 22 gauge green wirei. 1 . All lights, cords, tees and tape shall be removed without damage to trees. 2. Light strands may be cut, and all removed strands must be returned to Public Works for recycling. 3. Cords and tees shall be returned to Village neatly wrapped. 4. All debris from the removal of light strands shall be removed by the contractor. 5. An optional cost to install and then remove led strands, without cutting, for reuse shall be provided. SPECIFICATIONS - OTHER Hours of Work — For this contract�, upon submission of a letter to the Village Manager requesting same, the contractor will be authorized to work around the clock. This authorizat�ion may be rescinded during the contract if the Village receives noise complaints. According to Village codei, no work is allowed on Sundays or Holidays. Sodded Areas No vehicles of any kind shall be placed, parked, or operated upon or over any sodded areas at any time except as authorized by the Public Works Director or authorized representative. Obstruction of Streets and Right-of-Wa The Contractor shall arrange to keep sidewalks open for traffic when possible, and block portions of the streets only when absolutely neceissary. The Contractor shall schedule work so that the public may have the use of the streets a maximum amount of 10 time. The Contractor is to erect warning signs, traffic cones, arrow boards and furnish adequate barricades, wherever required. Wick, man Weis] L, III k N1rel LI A. Award of Contract; Performance; Payment The Village will issue a Notice of Award to the successful bidder, advising that it has been awarded the contract. Within t�ein (10) business days of delivery of the Noe of Award, by peirsonal seirvice or registered or certified U.S. Mail, postage prepaid and receipt requested, the contractor shall execute the contract, attached to the Bid Documents, and furnish the Village with the required bonds and certificate of insurance. 2. Upon the Village's receipt of the executed contract, required bonds and certificate of insurance, the Village will issue and send to the contractor a Notice to Proceed, that will start the performance period. For year one, it is expected that this contract will be awarded on or before Octobeir 2, 2023, and work may begin on or afteir October 2, 2023. For year one, all work related to installation of lights must be completed so that all trees are lit and functioning by 7:00am on November 13, 2023. If the'Tillagei and the contractor mutually agree to extend the contract for additional years at current prices, the installation dates will be as follows for years two and threei: For year two, installation work may begin after Octobeir 1, 2024 and must be completed by 7:00 a.m. on November 11, 2024. For year three, installation work may begin after October 1, 2025, and must be completed by 7:00 a.m. on November 10, 2025. Removal of lights and cords must be done between January 5 and January 31 each year. 4. Contractor shall record actual # of strands installed on each treiei, and submit those records to the Village with request for payment�, after all lights, cords and tees are installed. Payment due shall be calculated by multiplying actual # of strands installed times bid price per strand. Once XsH IIN Late] sm a N 11 E:: IN Lvel LW -A I I r -mm: I I nNum Ian I a LM -7-M Lai I Ur 11my 11�s IM111r.43M 11 b. After removal is completed and cords/tees returned, 15% of contract amount shall be invoiced by contractor and paid by Village (minus any penalties). 61. 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 part�ial 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 reiquest�ed, 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, and 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 hisYher 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 sur- p- a pecifying such failure, delay, neglect, refusal or default, and if the contractor, within a period of tein (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. 12 10. All costs and charges incurred by the Village, together with the cost of performing the required seirvices shall be deducted from any monies due or which may become due to the contractor undeir the contract. Following any payment due and receiiveid by the Village from the contractor's sureity following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety undeir 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 Villagei. 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 exeircise every precaution at all times for the protection of peirsons and properties. The safety provisions of all applicable laws and ordinances shall be strictly observed. Any pract�ice obviously hazardous, in the opinion of the Director of Public Works or his authorized representative, shall be immeidiateily discontinued by the contractor upon his receipt of instructions from the Director of Public works or an authorized representative to discontinue such pract�icei. 2. The performance of services undeir the contract includes the furnishing of all supervision, labor, materials, tools, equipment and incidentals of eveiry kind and description necessary, in accordance with the contract documents. 3. The performance of seirviceis shall be subject at all times to inspection Uy -- 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 rejeict�ed by the Village and shall be performed again by the contractor at no expense to the Village. 4. Exceipt wheire the Specifications indicate otheirwise, 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 undeir 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 ideintification of its personnel if requested by the Village. Any cont�ractor's employee or representative whose employment is reasonably detrimental or objeictionablei 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 13 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. Bond; Insurance; Indenrinifica,tion Insurance Reguirements. In the submission of a bid, the bidder is ceirtifying that it has all the insurance coverage required by law or that would normally be expected for the biddeir's type of work. In addition, the bidder is certifying t�hat�, as the successful bidder1contractor, upon execution of the contract�, it will provide insurance of such types and in such amounts as may be necessary to protect itseilf and the inteirests 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. I I III I FINUM7121 �11. I Limit/ Limit/ Mpe of Insurance Ea. Occurrence General Liability Bodily Injury $1,000,000 $3,000,0&# Property Damage $1,000,000 $3,000,011 Contractual Ins. $1,000,000 Ott 111 Automobile Liability Bodily Injury $1,000,000 $1,000,000 Property Damage $1,000,000 $1,000,000 Workers Compensation Employee Claims Statutory for Illinois Employers Liability $1,000,000 per accident 2. Indemnification. The contractor shall indemnify and save harmless the Village, its officeirs, employees, and agents from any and all liability, losses or damages, including attorney 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 operat�ions of subcontractors; and the contractor shall, at his own expensei, appear, defend and pay all attorney fees and all costs and otheir expenses arising therefrom or incurred in connection therewith; and, if any 14 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 her- . - D. oe D., Compliance with Laws 1 l�f, at any timei, 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 suffeir thereby, and the Village may advertise for new bids for performance of the required services. 2. The contractor shall, at all times during the life of this contract, observe and abide by all federal, state and local laws which in any way affect the conduct of the work and with all decrees and orders of courts or agencies of competent jurisdiction. Likewise, said contractor shall be governed by all municipal ordinances and regulations which in any way affect the conduct of the work. The contractor shall indemnify and save harmless the Village, its officers, agents and employees against any claim or liability arising from or based on his violation of any law, ordinancei, regulation, decree or COL -0 nrrJ.Pr- The bidder and contractor, as the successful bidder, shall compi with all applicable federal, state and local laws, including, but n limited to, the following: a. Bid RiggingYRot�ating. By submitt�ing a bid, the contractaim certifies that no owner, officer or director is barred fro contracting with any unit of state or local government as result of violating the bid rigging or bid rotating provisio contained in 720 ILCS, 5/33E-3 & 33E-4. I 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. 15 E. C. Drug Free Workplace Ac . 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 II -CS 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 I LCS 10/1, et seq. 9. Egual Employment Opportunity. The contractor will comply with Article 2 of the Illinois Human Rights Act (775 ILCS 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 Regues Section 7 of the Illinois Freedom of Information Act (FOIA), II -CS, 140/7, applies to public records in the possession of party with whom the Village has contracted. The Village w have only a very short time from receipt of a FOIA request t comply with the request and there is a significant amount ( work required to process a request including collating an@ reviewing the information. The bidderlcontractc acknowledges the requirements of FOIA and agrees t comply with all requests made by the Village for public record (as that term is defined by Section 2(c) of FOIA) in t�h undersigned's possession and to provide the requested publi records to the Village within two (2) business days of t�h request being made by the Village. The bidder/contractc agrees to indemnify and hold harmless the Village from e claims, costs, penalties, losses and injuries (including but ni: limited to, attorney fees, other profeissional fees, court cosi andlor arbitration or other dispute resolution costs) arising 01 of or relating to its failure to provide public records to th Village under the contract. Work Guarant 1 General Guaranty. Neither partial or final payment�, nor any provision in the contract, nor partial or entire use of the product/Work embraced in the contract by the Village or the Public shall constitute 16 an acceptance of work not done in accordance with the contract, relieve the contractor of liability in respect to any express warranti or responsibility for failure to comply with the terms of those contra documents. 11 F. Miscellaneous Contract Requirements 1 Contract Alterations. No amendmeint of a contract shall be valid unless made in writing and signed by the Village President, Village Manager or theiir 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. Nonassi-qnabilit . The contractor shall not assign the cont�ract, or any paeireof, to any otheir peirson, firm or corporaon without the previous written consent of the Village. Such assignment shall not relieve the contractor from its obligat�ions or change the terms of the contract unless agreed by the Village at its sole discretion. 5. Taxes. The contractor shall pay all federal, state and local taxes as may be applicable on all materials, labor and seirvices furnished by it undeir the contract, and the amounts of such taxes shall be included in the unit prices bid. 17 EXHIBIT A (Upon award of contract, to be attached to the TREE LIGHTING CONTRACT 2023-24 as Exhiibliit A) Pro posalForm Villa_qe of Mount Prospec TREE LIGHTING CONTRACT 202,3-24 OWNER INFORMATION Owner Name: Date Of Birth: Business Name - Home Phone: Business Phone: This Business is a: ❑ Individual Proprietorship Joint Venture ❑ Partnership ❑ Corporation If applicable, give names, addresses, and dates of birth of all partners, officers or directors. Name Address Date of Birth Has the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? YES Ej 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? R YES R NO M ?�ave 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? E] YES N 0 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 compilaints and/or pending complaints made against the business or owner. In submitting this Proposal Form requee Village of Mount Prospect TREE LIGHTING CONTRACT 2023-24, 1 hereby cert�ify t�hat�: 2. Neither 1, nor any person who will be working on my behalf, has been convicted under the laws of Illinois or any other state of an offense which under the laws of this state would be a feilony 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/shei 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 5Y33-4 (Bid Rotating)); 4. 1 aim 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 ILICS 580/1, et seq.); 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5y2-1 01, et S, 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; 8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILC S 10/1 et seq.); and 9. All of the information I have provided in this application has been truthful and given in good faith. 19 ------------- ZMMM� M i-MEMSMSEM �• M . Phone No. Date 20 a � a-001 ffil I BID FORM TREE LIGHTING CONTRACT 2023-24 Village of Mount Prospect Department of Public Works TO- Office of the Village Manager, V Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") TREE LIGHTING CONTRACT 2023-24 The bidders have familiarized themselves with the services to be performed and probab work conditions required under this Bid affecting the cost of the performance of t required services and with the Bid Documents which include: I Notice to Biddeirs Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications General Conditions Proposal Form Bid Form Affidavit — Bid Certification Form 10.01641MMM Contract Document Attachment A Attachment B MRR= -FC-1-CFt M1-e5R-bW1 T I Go! "S, (al I I I I I 5 C I I I U05k) I C-kl documents. -1�idder agrees to perform all of the required services and provide the equipment arZ 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. 22 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. Pill 11 111 1 Lei 116,14 1.014N Lola I Lei Ian IN 17 -AMI INA K117-14 go N MIS I I I I I The Village intends to award one (1) contract (if at all) for the items bid. If written notics of award of this bid is mailed, eimailed or otherwise delivered to the Bidder at any ti before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in t prescribed form and furnish payment and performance bonds, or letter of credit, and t insurance certificates required by the Bid Documents to the Village within ten (1 business days after receipt. I 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 a regulations, and county and municipal ordinances, as described in the Geiner Conditions. I All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: Addendum No. Addendiurn Date AcknoWedgement by Bidder or Authorized Representative Date Acknowledged MITI] ill�illli!ll!!illllli'illgmllllI iiiiiiiiiiiiiiiiiiiijlillillililillillilljlll1111111111111111 11 `71117 - T, -77" 79 Il 5 1 l�P 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. 111pon award of the contract, the Tillage will send �'R-oticp—ofAviaTd-to-the-succe&sfuLBidde-r,- the Bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) business days. TheVillage will then issue a written Notice to Proceed. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. 23 Seicurit�y in the sum of one -thousand dollars ($1000) in form of (check one): Bid Bond Certed Check Bank Cashier's Check momwe M11100 1111111=811711M 1 1 111111 111111 mill 111111111 1) Bid Form 2) Affidavit — Bid Certification Form 3) Bid Security 4) BID SHEET(S) — HOLIDAY TREE LIGHTING CONTRACT 2023-24 5) List of required references and equipment M By: _ Title: Date: 41,41, M. (Signature) ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS ALONG WITH THE AFFIDAVIT - BID CERTIFICATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. 24 AFFIDAVIT — BID CERTIFICATION FORM :IRFAM Company/Firm Flame: 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 colludeid, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section 11 Bid Rig,_HO-W The undersigned further states that (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of sta I laws prohibiting bid rigging or bid rotat�ing or any similar offense of any state of the Unit States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILC 5Y33E-3, 33E-4. I Section III Drua 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 0 25 not delinquent in payment of any taxes to the Illinois Department of Reivenuei, in accordance with Illinois Compiled Statues, 65 ILCS 5Y11-42.1. 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 II -CS 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; (1�1) the definition of sexual harassment under State law; (111) a description of sexual harassment�, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal reicoursei, 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 Seiction 6-101 of the Act�. (Illinois Human Rights Act)." 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 stateimeints and representations and promis are made as a condition to the right of the bidder to receive payment under any awal made under the terms and provisions of this bid. lg;�O a r-JLR a =0- 11!11111 ven en 11 1!11 111111111111111 1111111V111 1111 111 111 1 1111 !111 1 111 1 1 WE "Nork,40 M- OMEM Signature Name Printed: Title: Signed and sworn to before me this day of 20_ My commission expires - Notary Public 26 BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of onei-thousand dollars ($1,000) by , the bidder, in favor of the Village of Mount Prospect. It is hereby agreed that�, should bidder be awarded the contract for services contemplated undeir this bid and fail or refuse to exeicute a contract tom"mom"s AlwWtt-R4 bonds, or letter of creidit�, and certificate of insurance, then this seicurity, 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 peiriod of ninety (90) days after bid opening date. SUBMITTED THIS DAY OF 20_. SEAL (if corporation) A 111111111111 111 111 1 III N T Bidlder's Agent and Agent's Tittle Title I"ime WITARIN =21 I 27 BID SHEET TREE LIGHTING CONTRACT'2023-24 The undersigned herewith submits a bid on a Tree Lighting Contract 202 '-24 accordance with the attached documents. All bids are to be delivered to the off ice of t Village Manager at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 6005 prior to 1 -00 PM, August 23, 2023. 1 SCHEDULE OF PRICES We will perform the services as outlined in the TREE LIGHTING CONTRACT' for sums as follows: All prices to install are using the wrappling method only. 2023 Pricing Estimated Qty Item of Strands— Cost per Strand Extended Cost Installation on parkway trees including, removal via cutting strands. 1807 Installation on parkway trees w/ no rem oval. 795 Installation on pocket park trees including removal (4162-175 on Attachment "A") 216 T'otall Cost 2023: $ 2023 A,onion al' coasts not to be included in totals: 1. Additional cost to remove LED strands for reuse: $ /strand 2. Hourly (labor rate to perform maintenance/repair (lit trees: $ Ar 2024 Pricing Item Estimated Qty of Strands— Cost per Strand Extended Cost Installation on parkway trees including, removal via cutting strands. 1807 Installation on parkway trees w/ no rem oval. 795 Installation on pocket park trees including removal via cutting, strands. (4162-175 on Attachment "A") 216 Toatall Cost 2024: $ 2024 Additional coasts not to be included in totals: 1. Additional cost to remove LED strands for reuse: $ /strand 2. Hourly (labor rate to perform maintenance/repair (lit trees: $ Ar Contract Total 2023/2024: $. W Submitted) this dray of Mark outside 4f envelope: "TREE LIGHTING CONTRACT 2023-24" and deliver to the Village Nllanager's office at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056,, by August 23, 2023 — 1:00 PM. Name of Company/Firm Also note any exceptions to the specifications. ADDRESS CITY, STATE, Z,IP SIGNATURE Note: All bids to remain firm for thirty (30) days. Be sure to mark the outside of the envelope,, `.`TREE LIGHTING CGNTRACT' 2023-24.'° 2 VILLAGE OF' MOUNT PROSPECT TREE LIGHTING CONTRACT'2023-24 and an located at Illinois, (hereinafter the "'Contractor"). M 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 demands, claims, suits, costs, expenses, damages aeints based up any infringement of any patent relating to goods specified in the contract, and account of the Village's use of any copyrighted or uncopyrighted, composit�io trade secrets, secret process, proprietary rights, patented of unpatent�eid inventio 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 theiir 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. In addition, Contractor is requireid to comply with all federal, st�atei, county and municipal laws and ordinances, including the following: a. Provide a drug free workplace pursuant to the Illinois Drug Fre&TrTorkplace Act (30 ILCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 II -CS 10/1 et seq.); C. Comply with Article 2 of the Illinois ?�uman Rights Act (775 ILCS 5/2-101, et and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as reiquired by Section 2-105 of that Article and Act; 3�O t. 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 podivisions or municipal corporations, and the contract may be canceilleid 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 racei, color, religion, seix, marital status, nat�ional origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable 4�s�W-,2� �e- �TwT0Wj?_jWcsr-o0*4,; ?,a4 to deiteirmine if minority persons or women are underutilized and will take appropriate affirmative action to redeirutilization. 2) That�, if it hires addonal employees in order to perform this contract or any portion thereof, it will deiteirmine 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 w-, 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 beihalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital st�at�us, nat�ional 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 orgaon or representative of workeirs with which it has or is bound by a collective bargaining or other agreement or undeirstanding, a notice advising such labor orgaon 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 will recruit employees from other sources when necessary to fulfill its obligaons thereundeir. 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 31 or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Deipartment�'s Rules. 6) That it will permit access to all relevant books, records, accounts and IN 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 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 wil�l promptly notify the contract�ing 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 anv of its r)olitical subdivisions or muniCiDal corDorations. 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 port�ion of the contract obligations are undertaken or assumed, said inclusion to be eiither verbatim or by reference so that the provisions of the clause will be binding upon such subcontractors. 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. III A I Z I I M. � [01 POIN 0 ON M4 I � : 10 1 Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. 8. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY) 3�2 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 Villagei. Such insurance will not be canceled, reduced, or materially changed without providing the Village thirty (30) days advance written notice, via ceirtifieid 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 T�e Village and Contractor reserve the right to terminate the Contract at any t�im upon ten (10) days advance written notice to the other party. In addition to th provisions set forth in Section General conditions (A,9) for immediate terminiatio failure of Contractor to perform any aspect of this Contract properly andyor provide proper treatment to the general public, in the sole discretion of the Villag is cause for immediate termination of the Contract without prior notice. I 11. LENGTH OF CONTRACT This Contract shall be in effect beiainning October 1, 2023, and shall remain effect until January 31, 2025, unless terminated by either party under th conditions specified in Section 10, Contract Termination. Upon satisfacto hi completion of the initial two year term of the contract the Contract may be extende for up to one (1) additional one (1) year period beyond the termination date mutual, written agreement between the Village and the Contractor. The Contract must agree to hold their prices at the same rate as the previous year. The Villag reserves the right to re -bid the contract at the end of any contract period. 12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST 3�3 The Illinois Freedom of Information Act (FOI�A), 5 ILCS 140/1 et seq., applies to public records in the possession of a party with whom the Village has contracted. T Kos-�o�e 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 FOI�A 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 cost�s) 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. M�-j MLTJ M NO 0.1 IN owl The invalidity or unenf6rceiabilit�y of one or more of the terms or proviisions 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. 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 ent�ity succeeding to the rights, duties and obligat�ions 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 opeir,ate or be construed as a waiver, of any subsequent breach by either party or prevent either party from enforcing such provisions. 18. MERGER - AMENDMENT 3�4 This Contract sets forth the entire understanding of the parties relative to the subject hereof and supersedes any and all prior agreeiments, express or imiplied, oral or writtein. No amendmeint or modification of this Contract shall be effective unless reduced to writ�ing and executed by the parties. I -A 20. EFFECTIVE DATE The Effective Date of this Contract shall be the date executed by the Village President, and attested by the Village Clerk. In Witness thereof, the said parties have executed and signed this contract w C. FTIVIM ISGUMM-M OF MM FTIVIM Secretary (Corporate Seal) In &We] 11 Ole] r, 14 Lei 1 3�5 F-viff"TOMANIFIMT Tree Lighting Table for aH Potential Locations: Tree Pnmary Location Location Trunk Crown Species 4 of Strands 4 Spread West Comimiuter Lot Allong 1 NWHWY 1st Tree East of NVVHVIN Entrance 9 15 Honeylocust 3 West Commuter Lot Allong 2nd Tree East of NWHWY 2 NWHWY Entrance 8 20 Honeylocust 10 Commuter Lot Allong TWest 3 NWHWY 3rd Tree East of NVVHVIN Entrance 9 12 Hone locust y 7 W West Commuter Lot Allong 4NWHWY 4th Tree East of NVVHVIN Entrance 9 20 Honeylocust 12 West Commuter Lot Allong 5 NWHWY 5th Tree East of NVVHVIN Entrance— 9 20 LHoneylocust 12 WJest Commuter Lot Allong 6 NWHWY 6th Tree East of NVVHVIN Entrance 9 20 Honeylocust 12 West Commuter Lot Allong 7 NWHWY 7th Tree East of NVVHVIN Entrance 9 20 Honeylocust 12 West Commuter Lot Allong 3 NWHWY 3th Tree East of NVVHVIN Entrance 22 Hor7e locust 15 . ..... ..................................................................................................................................................... st Commuter Lot Allong . ......................................................................................................................................................................................... 9 NWHWY 9th Tree East of NVVHVIN Entrance 14 28 Honeylocust 20 10 Train Station Along NWHWY 1st Tree East of NVVHVIN Entrance 12 33, White Ash, 23 2nd Tree East of NWHWY 11 Train Station Along NWHWY Entrance 11 33, White Ash, 23 12 Train Station Along NWHWY 3rd Tree East of NVVHVIN Entrance 12 33, White Ash, 23 13 Train Station Along NWHWY 4th Tree East of NVVHVIN Entrance 13 39 White Ash, 23 14 Train Station Along NWHWY 5th Tree East of NVVHVIN Entrance 10 30 White Ash, 23 , 15 TrainWHWY ..... ........ !19 N .............................................................................. 6th Tree East of NVVHVIN Entrance . ........................................................................................................................................................... 13 36 White Ash, 23 13 Train NWHWY Station, i niA a !19 �2 7th Tree East of NVVHVIN Entrance 12 30 White Ash, 23 ....... ........ .............................................................................. East Commuter Lot Along . .......................................................................................................................................................................................... ......................................... . .............................................. ................................................................................. 17 NWHWY 1 st Tree East of Emerson 4 15 Honeylocust 107 East Commuter Lot Along 18 NWHWY Tree East of Emerson 9 21........Hon 15 ............................................... Caniiiuter Lot , Alone .......2...nd .................................... . ............ffast 119 NWHWY 3rd Tree East of Emerson 8 14 Ho 12 East Commuter Lot Along ....... ......eylocust ...... ...... .................... , 20 NWHWY 4th Tree East of Emerson 9 22 H o r i e ylocust 15 East Commuter Lot Along 21NWHWY 5th Tree East of Emerson 8.5 20 Honeylocust !2y�RSy�� j"5 . ...... .............................................................................................................................................................. East Commuter Lot Along ........................................................................................................................ .......................................................... ......... . ..................................... .............. .............. I ............ .............. . ................... 22 NWHWY 6th Tree East of Emerson 8.5 21 Honeylocust 15 East Commuter Lot Along 23 NWHWY 1st Tree East of NVVHVIN Entrance 11 28 Honeylocust 18 24 East Siide of Emerson 1st Tree North of NWHWY 3 10 Hackberry 6 25 East Siide of Emerson 2nd Tree North of NVVHVIN 4.5 15 Hackberry 7 26 East Siide of Emerson 3rd Tree North of INWHVVY 4 12 Hackberry 6 4 I 12 1 Pvljyabe 27 East Siide of Emerson 4th Tree North of NWHWY I'vlaole 7 —1E 18 Pvljy,abe 28 Slide a f Emerson HY 5th Tree North of NWW 1 0 Pvljyabe 219 East Siide of Emerson 6th Tree North of NWHWY 15 I'vlaole 10 4.5 15 Pvljyabe 3,0 East Siide of Emersm2 7th Tree North of NWHWY rY,2pIle 10 Pvljyabe 3,1 East Siide of Emerson 3th Tree North of NWHWY 6 18 Pvla Ile 9 3,2 East Siide of Emerson 9th Tree North of NWHWY 7.5 15 Tree Lilac 14 3,3 East Siide of Emerson 1st Tree North of BUSSO 6.5 15 Linden, rLinden, 14 34 �9�t §i�2 21 �!Dff�M 2nd Tree North of Busse 6.5 14 3,5 East Siide of Emerson 3rd Tree North of Busse 5.5 12 Linden 13 3,6 East Siide of Emerson 4th Tree North of BUSSO 4.5 10 8 3,7 East Siide of Emerson 5th Tree North of BUSSO 3 12 Honeylocust 10 3,8 East Siide of Emerson 6th Tree North of BUSSO 5 12 Linden, 10 39 East Siide of Emerson 7th Tree North of BUSSO 5 12 Linden, 7 40 East Siide of Emerson 3th Tree North of BUSSO 6 15 Linden 15 41 East Siide of Emerson 9th Tree North of BUSSO 18 L��� i� 66 42 1 East Siide of Emerson 1 Oth Tree North, of Busse 7 1 18 Linden 14 43 East Siide of Emerson 1 'Ith Tree North, of Busse 6.5 15 Tree Lilac 12 44 South, Side of Central 1 st Tree East of Emerson 2 3 Hackberry 5 Pvljyabe 2nd Tree East of Emerson 2 5 rP ; 45 South, Side of Central 'VI a 4 46 West Side of Emerson 1 st Tree Soufli of Central Rd. 12 24 e a;r 18 47 West Side of Emerson 2nd Tree South of Central Rd. 8.5 18 Pear 18 48 West Side of Emerson 3rd Tree Soufli of Centrall Rd. 8.5 19 Pear 18 419 West Side Emerson 4th Tree Souffi of Central Rd. 8.5 21 Pear 18 50 West Side Emerson 5th Tree Souti of Central Rd. — 10.5 30 _�jonevlocust 20 51 West Side Emerson 6th Tree Souffi of Central Rd. — 7.5 27 _tonevlocust 14 52 West Side Emerson 7th Tree Souffi of Central Rd. 8 27 Honeylocust 16 53 West Side Emerson 3th Tree Souffi of Central Rd. 7 23, Honeylocust 14 54 North, Side of Busse 1 st Tree West of Emerson 9.5 30 Honeylocust 18 55 North, Side of Busse 2nd Tree West of Ernerson 6 18 Honeylocust 15 56 North Side of Busse 3rd Tree West of Emerson 6 18 Hone locust 12 _7571 North, Side of Busse 4th Tree West of Emerson 4 Maple 12 Pvljyabe 58 North, Side of Busse 5th Tree West of Emerson 6 a e, 12 519 North, Side of Busse 6th Tree West of Emerson 13 '0 F White Ash, 3,0 60 East Siide of 83 1 st Tree North of BUSSO 9.5 Honeylocust 20 61 East Siide of 33 2nd Tree North of Busse 9.5 30 Honeylocust 23 62 East Siide of 83 3rd Tree Norlb of BUSse 10.5 30 Honeylocust 20 63 East Siide of 33 4th Tree North of BUSSO 12 32 Honeylocust 24 64 East Siide of 83 5th Tree North of BUSSO 11 24 White Ash, 20 65 East Siide of 33 6th Tree North of BUSSO 15 36 White Ash, 26 66 East Siide of 33 7th Tree North of BUSSO 12.5 24 White Ash, 20 67 East Siide of 33 8th Tree North of BUSSO 13 27 White Ash, 619 East Siide of 33 1 Oth Tree North, of Busse 12.5 32 Honeylocust 26 70 East Siide of 33 1 'Ith Tree North, of Busse 14 31 Honeylocust 22 71 East Siide of 33 12th Tree North, of Busse 12 31 Honeylocust 24 72 East Siide of 33 13fli Tree North, of Busse 9 29 17 73 East Siide of 33 14th Tree North, of Busse 10 24 Ha k er 18 75 East Siide of 33 16Vi Tree North, of Busse 8 21 H ck e r 76 South, Side of Central 1 st Tree East of Rte. 83 8 21 Hackberry 16 77 South, Side of Central 2nd Tree East of Rte. 83, 12 24 Pear 17 78 South, Side of Central 3rd Tree East of Rte. 83 12.5 27 Pear 17 719 South, Side of Central 4th Tree East of Rte. 83 8.5 18 Pear 15 80 South, Side of Central 5th Tree East of Rte. 83 11 24 Pear 15 81 South, Side of Central 6th Tree East of Rte. 83 11 24 Pear 16 82 South, Side of Central 7th Tree East of Rte. 83 12.5 24 Pear 16 Pvljyabe 83 West Side Emerson 1 st Tree Souffi of Busse 10.5 24 Maple 22 West Side Emerson 2nd Tree South of Busse Pvljyabe 84 2.5 5 Maple 5 est Side Emerson 3rd Tree Souffi of Busse 19 Pvljyabe 85 10 Ii Pvljyabe 86 West Side Emerson 4th Tree Souffi of Busse 18 I Maple 10 West Side Emerson 5th Tree Souffi of Busse 7 20 Pvljyabe 87 10 88 West Side Emerson 6th Tree Souffi of Busse 5.5 11 Tree Lilac 3 89 West Side Emerson 7th Tree Souffi of Busse 6 12 Tree Lilac 3 90 West Side Emerson 3th Tree Souffi of Busse 10.5 29 Honeylocust 23 91 North, Side of NVVHVIN 1 st Tree West of Emerson 7 18 Linden 8 92 North, Side of NVVHVIN 2nd Tree West of Ernerson 0 0 Hon 4 93 North, Side of NVVHVIN 3rd Tree West of Emerson 0 0 Honevlocust 4 94 North, Side of NVVHVIN 4th Tree West of Emerson 6.5 12 Linden 8 95 North, Side of NVVHVIN 5th Tree West of Emerson 3.5 3 Linden 96 North, Side of NVVHVIN 6th Tree West of Emerson 6 12 TREE TBID 4 1 Pvljyabe 97 North, Side of NVVHVIN 7th Tree West of Emerson 0 0 5 98 East Siide of 33 1 st Tree North of N� W. 12 21 Linden 20 FSEast Siide of 33 O;O South, Side of Busse 1 st Tree East of 83 2.5 8 Ginkao 3 37 101 1 South, Side of Busse 2nd Tree East of 33 1.5 1 10 Ginkgo 3 102 South, Side of Busse 3rd Tree East of 83 4 12 iikgo i 1;;; 3 103 South, Side of Busse 4th Tree East of 83 5 12 Gink92 § 104 South, Side of Busse 5th Tree East of 83 4 12 Ginkgo rG 3 105 West Side of 83 1st Tree South of Central Rd. 11 24 ljacl� �rr 20 106 West Side of 83 2nd Tree South of Central Rd. 9 25 Hackberr 20 107 West Side of 83 3rd Tree South of Centrall Rd. 14.5 33, White Ash, 3,7 108 West Side of 83 4th Tree South of Central Rd. 2.5 9 Tulli,p Tree 6 109 West Side of 83 5th Tree South of Central Rd. 12.5 36 White Ash, 40 110 West Side of 83 6th Tree South of Central Rd. 14 36 White Ash, 3,7 Ill West Side of 83 7th Tree Souffi of Central Rd. 6.5 22 Pvlapll2 28 112 West Side of 83 8th Tree South of Central Rd. 14 30 White Ash, 3,2 113 West Side of 83 3rd Tree North of Busse 5 12 Ginkgo 10 114 West Side of 83 —W"V—est 2nd Tree North of Busse 5 12 Ginkgo 10 115 Side of 83 1st Tree North of BUSSO 5.5 12 Ginkgo 10 116 North, Side of Busse 1st Tree West of 83, 17.5 28 Pear 3,0 117 North, Side of Busse 2nd Tree West of 83 15 30 Pear 3,0 118 South, Side of Prospect Ave 1st Tree East of Pine 15 37 Honeylocust 46 119 South, Side of ProsP2c!L2 2nd Tree East of Pine 2.5 3 Honeylocust 6 120 South Side of Prospect Ave 3rd Tree East of Pine 5.5 19 Honeylocust 10 121 . Prosy South, Side Pros, , ................................... ................................... ....................... .......... ...................... ... ... 4th Tree East of Pine ......................................................................................................................................................................................... 7.5 ......................................... 27 ................ .............................. ...... Honey ................... . .. l2S� ............ ..................... 12 .................... 122 . Prosect South, Side Pros, ................................... ............. ..................... ....................... .......... ...................... ... ... 5th Tree East of Pine ......................................................................................................................................................................................... 2.5 ......................................... 6 .................... .......................... .......... H Oney ................... . .. l2S� ............ ....................... ....................... 123 South, Side of Prospect Ave 6th Tree East of Pine 4 10 Honeylocust 6 124 South, Side of Prospect Ave 7th Tree East of Pine 1 0 0 Honeylocust 6 125 South, Side of Prospect Ave 8th Tree East of Pine 20 47 Honeylocust 80 132 South, Side of Prospect Ave 1 st Tree East of 83 3 Hackberry 3 133 Scut Side of Prs'ectAve ............ 2 p ......................................................................... 2nd Tree East of 33 . ......................................................................................................................................................................................... 145 54 .................. .................. HorMIRS14st ............. ..................... . ............... 1,00 134 South, Side of Pros -ect Ave ... .. ................. ..... p ............................................................................. 3rd Tree East of 83 . ...................................................................................................................................................................... "I'll""I'll'I'l��'ll""I'll""IlI . ....... 12 135 i f ros Sou Side o Prosy t Ave P 4th Tree East of 83 18 Honeyloclust . . 12 . ...................... ... .... ............... ............................................................. ............................................................................................................................................................................................. Corner of Prospect Ave and ........................................ ....................... ....... ................ ............................... ............................................ . .................................................... 136 South, Side of Prospect Ave Emerson 14 39 Honeylocust 25 Pvljyabe 137 West Side of Emerson 1st Tree South of Pros pect Ave 2.5 5 Maple 5 138 West Side of Emerson 2nd Tree South of Prospect Ave 13 32 Honeylocust 22 139 East Side of Emerson 2nd Tree South of Prospect Ave 13 26 Honeylocust 22 Pvljyabe 140 . East Siide of Emerson .................................................................................................................................................................................. 1st Tree South of Pros ect ....................................................................................................................... P ................................................................ 3.5 ......................................... 12 ...................................... `Vla Ile ..... ............... 2 .................................................... 6 .................................................... 141 North, Side of Prospect Ave 1 st Tree West of Emerson 17.5 42 Pear 27 142 North, Side of Prospect Ave 2nd Tree West of Ernerson 14 33, Pear 3,1 143 North, Side of Prospect Ave 3rd Tree West of Emerson 16.5 40 Pear 219 144 North, Side of Prospect Ave 4th Tree West of Emerson 16 40 Pear 3,3 145 North Side of Prospect Ave5th Tree West of Emerson 17 44 Pear 3,1 146 North Side of Prospect Ave 6th Tree West of Emerson 17 42 Pear 3,3 Pvljyabe 147 Prospect Ave Center Islands 1st Tree East of Pine 11 25 Maple 5 148 Prospect Ave Center Islands 2nd Tree East of Pine 9.5 26 Pear 20 149 Prospect Ave Center Islands 3rd Tree East of Pine 9 22 Pear 20 150 Prospect Ave Center Islands 4th Tree East of Pine 7 19 Pear 23 151 Prospect Ave Center Islands ......... .................................................................................................................................. 5th Tree East of Pine ............................................................................................................................................................................................ 11.5 ......................................... 27 ................................................ Pear ................................................................................. . ....... 25 52 Prospect Ave Center Islands ...... .................................................................................................................................. 6th Tree East of Pine ............................................................................................................................................................................................ 13 . ....................................... 24 . .............................................. Pear ................................................................................. . ....... 25 153 Prospect Ave Center Islands 7th Tree East of Pine 10.5 21 Pear 25 154 Prospect Ave Center Islands 8th Tree East of Pine 8 16 Pear 20 155 Prospect Ave Center Islands 1st Tree East of VVi Ile 7 18 Pear 21 156 Prospect Ave Center Islands 2nd Tree East of Willle 15.5 37 Pear 28 157 Pros ect Ave Center Islands 3rd Tree East of Willle 11 28 Pear 24 158 Pros ect Ave Center Islands 1st Tree East of 83 5 12 Linden 8 159 Prospect Ave Center Islands 2nd Tree East of 33 4 12 Linden 6 160 Prospect Avu Cuu�tur Islands 3rd Tree East of 83 3.5 10 Linden 161 Prospect Ave Center Islands 4th Tree East of 83 2 5 Linden 6 London 162 Pocket Park 19S Emerson Northwest Corner Plane 15 163 Pocket Park 19S Emerson North Fence Line 9P!P!R9 50 164 Pocket Park 19S Emerson North Fence Line 3 165 Pocket Park 19 S Emerson North Fence Line I'Vlaqnolia 8 166 Pocket Park 19 S Emerson East Fence Line Maple 15 167 Pocket Park 19 S Emerson East Fence Line Ballet Cypress 10 168 Po ket Park 19 S Emerson East Fence Line Ballet Cypress 10 w -j 169 FPacket Park 19S Emerson East Fence Line Balld Cypress 10 170 Packet Park 19S Emerson South West Corner Redbud 10 171 Packet Park 19 S Emerson Parkway Elm 10 172 Packet Park 19 S Emerson Parkway P9II� gyp!f� 10 South West Corner - Main Trunk 173 Packet Park 19S Emerson only Spruce South Siide of Park - Main Trunk 174 Packet Park 19 S Emerson o n I Ash 20 ...................................§—outh East Carrier - Main Trunk 175 Packet Park 19 S Em only Maple 20 ATTACHMENT B - LIGHTING METHODS 3�9 W CENTRAL RD HOLIDAY LIGHTS 2023 Legend Trees With Lights ® Year Round (59) o Seasonal (94) H+ kORTy��srh� Y R�SpF CTS 26 -W-EVERGREEN-AVS r 40 89 sa 87 84 az 83 E CENTRAL RD 86 85 ,nc 40 �'VO �OSp�cT qV h.Fsr�kr kW AS OF AUGUST 2P23 81` 1—F FW F Fere-4 ,011 GA5 LIaHTS MAP 2U2_ mss 9 48 8i 143 94 80 79 944 95 96 142 78 77 97 98 141 76 99 740 39100 75 74 150 10173102 151 I138- 103 105 104 152 106 �53 71 137 i36 ' y 107 108 110 112 ~ N 135 109 111 4V Q 130 131 133 E BUSSE AV N N 132 134 ii4 70 J 6 113 N 69 115 116 68 0) 117 67 66 18 129 128119 65 16 ® 126 �— 64 127 125 120 ® Z Z 63 1240123 O0 10 \® 121 yj 122 W 12 11 N 62 i4 13 Q 16 15 46 45 32 C50 4qT17 18 33 �a9_ -Q 42 19 20 COLLEGE DR E EVERGREEN AV 40 �'VO �OSp�cT qV h.Fsr�kr kW AS OF AUGUST 2P23 81` 1—F FW F Fere-4 ,011 GA5 LIaHTS MAP 2U2_ mss Langton McFarland Cornerstone Kinnucan B&B Holiday `ask n 2023 2024 2023 2024 2023 2024 2023 2024 n 2023 2024 Installation on parkwavtneeswi removal h r cutting strands. $19 ,298,76 $19,877,00 $28,008,50 $29,408,93 $3>> B68,95 $37p 7.33 $33,790,90 $35,417,20 $37,311.73 $38,624,63 Installation onF rk ee n removal, $4,642,80 $4,770,00 $10,176,00 $10,684,80 $ '7 .JJ $9,182,25 1JL,;. J $10,732,50 $12322,50 $12 ,587,--,0 Pocket Park lighting. $2,306,88 $L , $a1.7J , $�LCL.� ,88 $� y��.�� $�a1y.3J. `i earlir Tota Is. $26,248,44 $27.02 .00 $41,532,50 $43,609,13 $4 p-; .1 5 $51 082,37 $48 - ,20 $51,096,10 $54,653,78 $-5-5,82 9,13 --YearTetals: $-53 �271,44.35,52 $� 171 ti $99. $99,851,30 $110,482,91