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R-1935 - 03/09/2021 - TREE - Resolutions Supporting Documents _ REVIEW OF CONTRACTS Awardiny: of Contract: Sr vs Deplmeyt Program/Account Number: Awarded Contract Price: Budgeted Amount: 0D 1-- [] Under$20,000 [] $500,001-$1,000,000 $20,000-$500,000 Over$1,000,000 MD-IM61101AU, 'S2XV(U—S bta) —aG� Name: Dater Name: Date: Name: Date: Name: Date: Three (3)Originals signed by other party Date/Initials R r Original provided to staff member for other party Date/Initials ( a!C J riginal provided to Official Files Date/Initials , / Village of Oak Brook I Approved by Board of Trustees-Date/Initials: f ' p F Oq.k�90 v 0 Village of Oak Brook Tree Maintenance Services a r Bid Package 0 9�F February 2021 GUNS Table of Contents Section A. Notice to Bidders B. Bid C. Instructions to Bidders D. Specifications E. Contractors Information Report F. Statement of Bidder's Qualifications G. References H. Bid Certification I. Contract j:\worddoc\bid packages\2021 bid packages\2021 tree maintenance services.doc 11:24 AM 2/3/2021 Section A Notice to Bidders Posted on the Village Website on February 3,2021: NOTICE TO BIDDERS VILLAGE OF OAK BROOK The Village of Oak Brook will receive bids for: Tree Maintenance Services Sealed bids will be received by Rania Serences, Senior Purchasing Assistant, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 until 11:00 A.M.,Wednesday, February 17, 2021, prevailing time, and publicly opened in the Samuel E. Dean Board Room at that time. A complete bid package,of which this notice is a part,is on file for inspection and may be downloaded from the Village's website www.oak-brook.org or picked up at the Butler Government Center, 1200 Oak Brook Road,Oak Brook, Illinois 60523,between the hours of 8:00 A.M.and 4:30 P.M.Monday through Friday. There is no charge for the package. No bid shall be withdrawn after opening of bids without the consent of the Village of Oak Brook for a period of ninety(90)days after the scheduled time of opening bids. The Village of Oak Brook reserves the right to reject any or all bids and to waive any informalities in bidding and to accept the bid deemed most advantageous to it. Charlotte K.Pruss Village Clerk Section B Bid 1. COST OF WORK: The undersigned, acting for and on behalf of contractor and having familiarized himself with conditions affecting the cost of the work and its performance and having carefully examined and fully understood the entire bid package, hereby affirms and agrees to enter into a contract with the Village of Oak Brook, Oak Brook, IL. To provide all supervision, labor, material, equipment and all other expense items to completely perform the work covered by all specifications for the work. The undersigned submits herewith his bid as follows: RIGHT-OF-WAY TREE PRUNING Year 2021 2022 2023 2024 Season Winter Winter Winter Winter Approximate Number of Trees 1050 1000 500 250 Unit Price $ 4 $ $ S10 $ 1— $ S Extended Cost $ 5 ID VO o $ Soy oa 0 $ L�� D°'D $ 13J 50� Calendar Days To complete L 5' 2,5' z $ 7 Quantity may vary by + or–20% Page 1 Time and Material Rates (2021) TIME&MATERIAL BASIS FOR AUTHORIZED ADDITIONAL WORK LABOR: Straight Time Over-Time ARBORIST $(_. /hour $ yp _/hour FOREMAN $ 64 _/hour $ 5o _/hour SKILLED LABOR $ 64 /hour $ qo _/hour COMMON LABOR $_tet ._/hour $_ _. /hour TOTALPER LABOR HOUR $ 2-7Z, /hour $ 34 /hour EQUIPMENT: AERIAL TOWER 55ft. $ L 3 _/hour Material Cost%discount CLAM TRUCK $ 2-$- _/hour from list price LOG TRUCK $ L _/hour CHIPPER $ iL _/hour _%discount CHIPPER TRUCK $ i Y _/hour CRANE TRUCK $ 9 0 _/hour UTILITY TRUCK $ yo _/hour STUMPER $ I? _/hour SEMI TRUCK $ 9s- _/hour PICKUP TRUCK $ L _/hour TREE SPADE $ 9 S /hour DUMP DISPOSAL $ 2-9 _/yd. Tree-Age TREATMENT $ lo _/caliper inch(DBH) Parkway Tree Planting $ J,/0 _/tree(tree supplied by the Village) List any additional or equipment substitutes and their hourly rate: Equipment Type: Hourly Rate: ALL HAND AND HAND HELD POWER TOOLS AND EQUIPMENT SHALL BE INCIDENTAL TO THE ABOVE COSTS. Page 2 Time and Material Rates (2022) TIME&MATERIAL BASIS FOR AUTHORIZED ADDITIONAL WORK LABOR: Straight Time Over-Time ARBORIST $ 7 0 _/hour $ y y _/hour FOREMAN $ 70 /hour $ gz _/hour SKILLED LABOR $ -7o /hour $ 92- _/hour COMMON LABOR $ 7o _/hour $ yv /hour TOTALPER LABOR HOUR $ L g 0 _/hour $ 3 6g /hour EQUIPMENT: AERIAL TOWER 55ft. $ LS /hour Material Cost-%discount CLAM TRUCK $ L1 _/hour from list price LOG TRUCK $ tH _/hour CHIPPER $ I•I /hour %discount CHIPPER TRUCK $ Lo _/hour CRANE TRUCK $ 9'3 _/hour UTILITY TRUCK $ I - _/hour STUMPER $ 19 _/hour SEMI TRUCK $ 100 _/hour PICKUP TRUCK $ 13 _/hour TREE SPADE $ 100 /hour DUMP DISPOSAL $ 21L _/yd. Tree-Age TREATMENT $ 1Z /caliper inch(DBH) Parkway Tree Planting $ y LO _/tree(tree supplied by the Village) List any additional or equipment substitutes and their hourly rate: Equipment Type: Hourly Rate: ALL HAND AND HAND HELD POWER TOOLS AND EQUIPMENT SHALL BE INCIDENTAL TO THE ABOVE COSTS. Page 3 Time and Material Rates (2023) TIME&MATERIAL BASIS FOR AUTHORIZED ADDITIONAL WORK LABOR: Straight Time Over-Time ARBORIST $73. /hour $ 5 y /hour FOREMAN $ 73 _/hour $_ ._/hour SKILLED LABOR $ 73 _/hour $ 9y _/hour COMMON LABOR $ 73 /hour $ 9y /hour TOTALPER LABOR HOUR $ L 9 L _/hour $ 37(, _/hour EQUIPMENT: AERIAL TOWER 55ft. $ L S _/hour Material Cost-%discount CLAM TRUCK $ ,30 ._/hour from list price LOG TRUCK $ 1f, /hour CHIPPER $ f-7 _/hour %discount CHIPPER TRUCK $ LL /hour CRANE TRUCK $ 9 G /hour UTILITY TRUCK $ /U /hour STUMPER $ 221 _/hour SEMI TRUCK $ i e& _/hour PICKUP TRUCK $ /; _/hour TREE SPADE $ )1 o /hour DUMP DISPOSAL $3S._/yd. Tree-Age TREATMENT $ IS- _/caliper inch(DBH) Parkway Tree Planting $ 2,3r /tree(tree supplied by the Village) List any additional or equipment substitutes and their hourly rate: Equipment Type: Hourly Rate: ALL HAND AND HAND HELD POWER TOOLS AND EQUIPMENT SHALL BE INCIDENTAL TO THE ABOVE COSTS. Page 4 Time and Material Rates (2024) TIME&MATERIAL BASIS FOR AUTHORIZED ADDITIONAL WORK LABOR: Straight Time Over-Time ARBORIST $ 7 L _/hour $__ (o _/hour FOREMAN $ 7G _/hour $ 9(, /hour SKILLED LABOR $ 7(, _/hour $ 9t: __/hour COMMON LABOR $ ?V _/hour $ 9 L /hour TOTAL PER LABOR HOUR $ 3 t ._/hour $ 3'2q _/hour EQUIPMENT: AERIAL TOWER 55ft. $ -3) _/hour Material Cost%discount CLAM TRUCK $ 33 _/hour from list price LOG TRUCK $ 11 _/hour CHIPPER $ 19 _/hour %discount CHIPPER TRUCK $ L y _/hour CRANE TRUCK $ too _/hour UTILITY TRUCK $ �t _/hour STUMPER $ 2,'/ _/hour SEMI TRUCK $ Ito _/hour PICKUP TRUCK $ 1S _/hour TREE SPADE $ t LS /hour DUMP DISPOSAL $_3 _._/yd. Tree-Age TREATMENT $ /-!k _/caliper inch(DBH) Parkway Tree Planting $ 7,4'0 /tree(tree supplied by the Village) List any additional or equipment substitutes and their hourly rate: Equipment Type: Hourly Rate: ALL HAND AND HAND HELD POWER TOOLS AND EQUIPMENT SHALL BE INCIDENTAL TO THE ABOVE COSTS. Page 5 2. COSTS: The undersigned contractor hereby affirms and states the prices quoted herein constitute the total cost to the Village for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the contract documents considered severally and collectively. All bids shall be held valid for a period of ninety (90) days after the bid due date. 3. PRE-BID MEETING: None. 4. INSTRUCTIONS TO BIDDERS: The undersigned contractor shall comply with the Instructions to Bidders attached hereto and which are incorporated herein by reference. 5. TIME OF COMPLETION: The undersigned affirms and declares that if awarded the contract for this work, he will completely perform said contract in strict accordance with its terms and conditions including the Pruning Schedule item #15 of the Specification (Section D), commencing on the 10th day following the date of receipt of the Notice to Proceed, unless additional time shall be granted by the Village in accordance with the provisions of the specifications. Should the contractor fail to complete the work within the number of calendar days stipulated in the contract or within such extended time as may have been allowed, the contractor shall be liable to the Village in the amount of Two Hundred and Fifty Dollars ($250) per calendar day of overrun in contract time, not as a penalty, but as liquidated damages. 6. BID GUARANTEE: None. Page 6 %r1nW,er's'free and L-Snducaping Firm Name: PO. Box 1154 La range a s IL 60526 Address: 708-544-1219 A City, State, ZIP: Signature: — Name Printed: Title: Telephone: yy /,�1f Date: If a Corporation: "OFFICIAL SEAL" ATT ST: CINDY LU ZWART Notary Public, State of Illinois My Commission Expires 2/22/23 S� etary Page 7 Section C Instructions to Bidders 1. RECEIPT OF BID: Wednesday,February 17,2021, 11:00 A.M. 2. BASIS OF BID: Sealed bids will be received until the above noted time and date. 3. BID DESCRIPTION: Tree Maintenance Services 4. PREPARATION AND SUBMISSION OF BIDS: A. The bid must be delivered to the office of the Purchasing Director, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 on or before Wednesday, February 17 2021 at 11.00 A M prevailing time , at which time it will be publicly opened and read in the S. E. Dean Board Room of the Village Hall. Bids received after this time will not be considered and will be returned unopened. B. Each bid shall be submitted on the exact form furnished. All blank spaces for bid prices, unit costs and alternates must be filled in--in ink--in both words and figures if indicated. In case of any discrepancy in the amount bid, the prices expressed in written words shall govern. C. Each bidder must complete,execute and submit with its bid a certification that contractor is not barred from public contracting due to bid-rigging or bid rotating convictions on the form included with the bidding documents. D. Each bidder must submit a complete bid package including the following items: 1.Bid 2.References 3.Statement of Bidder's Qualifications 4.Bid Certification 5.Contract E. The bid shall be submitted in an opaque sealed envelope on or before the time stated and shall bear the name of the individual,firm,or corporation submitting the Bid and the Bid Name-'Tree Maintenance Services". F. Bidders may attach separate sheets to the bid for the purpose of explanation, exception,alternate bid and to cover unit prices,if needed. G. Bidders may withdraw their bid either personally or by written request at any time before the hour set for the bid opening,and may resubmit it. No bid may Paqe 1 be withdrawn or modified after the bid opening except where the award of contract has been delayed for a period of more than ninety(90)days. H. In submitting this bid,the bidder further declares that the only person or party interested in the proposal as principals are those named herein; and that the bid is made without collusion with any other person,firm or corporation. I. The bidder further declares that he has carefully examined this entire Bid Package, and he has familiarized himself with all of the local conditions affecting the contract and the detailed requirements of this work and understands that in making the bid he waives all rights to plead a misunderstanding regarding same. J. The bidder further understands and agrees that if his bid is accepted,he is to furnish and provide all necessary machinery, tools, apparatus, and other means to do all of the work and to furnish all of the materials specified in the contract, except such materials as are to be furnished by the owner(Village), in the manner and at the time therein prescribed,and in accordance with the requirements therein set forth. K. The bidder further agrees that if the Village decides to extend or shorten the work,or otherwise alter it by extras or deductions,including elimination of one or more of the items,as provided in the specifications,he will perform the work as altered,increased or decreased. L. The bidder further agrees that the Village representative may at any time during the progress of the work covered by this Contract,order other work or materials incidental thereto and that all such work and materials as do not appear in the bid or contract as a specific item covered by a lump sum price, and which are not included under the bid price for other items in the Contract, shall be performed as extra work. M. The bidder further agrees to submit a pre-signed Contract and Contractor's Certification with his bid, and to prepare a progress schedule, obtain a Certificate of Insurance for this work and present the Progress Schedule and acceptable Insurance Certificate to the Village within fifteen(15)days after the receipt of the Notice of Award and the Contract by him. N. The bidder further agrees to begin work not later than the ten(15)days after receipt of the Notice to Proceed, unless otherwise provided or agreed upon with the Village,and to execute the work in such a manner and with sufficient materials,equipment and labor as will insure its completion within the time limit specified within the bid, it being understood and agreed that the completion within the time limit is an essential part of the contract. Paqe 2 O. By submitting a bid, the bidder understands and agrees that, if his bid is accepted,and he fails to enter into a contract forthwith,he shall be liable to the Village for any damages the Village may thereby suffer. P. No bid will be considered unless the parry offering it shall furnish evidence satisfactory to the Village that he has necessary facilities,ability and pecuniary resources to full the conditions of the Contract. Q. If the contractor is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the Public Works Director a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the documents will be made only by addendum duly issued by the Village. The Village will not be responsible for any other explanation or interpretation of the Bid Package. 5. SUBSTITUTIONS: A. Certain materials and equipment are specified by a manufacturer or trade name to establish standards of quality and performance and not for the purpose of limiting competition. Bidders are invited to submit bids not only on named items but also on items,which they propose for substitution of named items. Products of other manufacturers may be substituted,if,in the opinion of the Village, they are equal to those specified in quality, performance, design and suitability for intended use. Where two or more items are specified, the selection among those specified is the bidder's option, or he may submit his bid on all such items. B. Bids shall be based on materials included in the specifications. Substitutions for evaluating bids will be considered only if proposed substitutions are set forth in the sealed bid and will only be accepted prior to the award of the contract. The offer of substitutions shall be an integral part of the bid, appearing immediately after all requested bids and before the signature of the bidder. C. Substitutions of materials other than those specified will not be considered in the base bid price. However,other substitutions may be listed in the specified place in the Bid Form,with the indication of the change in the base bid price for the total cost. D. In addition to the requirements heretofore mentioned, in order for substitutions to qualify for consideration,the following shall accompany each bid: 1.Each proposed substitution shall be itemized showing manufacturer name, catalog number,quantity,unit cost and total cost. The bidder shall prepare the necessary forms to list his substitutions in the manner outlined. Paqe 3 2.Each bid offering substitutions shall be accompanied by descriptive literature,catalog data,complete technical specifications and reports of all pertinent tests concerning the bidder's proposed substitutions 6. CONDITIONS: A. The Village is exempt from Federal excise tax(#36-600-9534)and the Illinois Retailer's Occupation Tax (#E99974381). This bid cannot include any amounts of money for these taxes. B. To be valid, the bids shall be itemized so that selection for purchase may be made,there being included in the price of each unit the cost of delivery(FOB Destination). C. The Village shall reserve the right to add or to deduct from the base bid and/or alternate bid any item at the prices indicated in itemization of the bid. D. All bids shall be good for ninety(90)days from the date of the bid opening. 7. BASIS OF AWARD: The Village of Oak Brook reserves the right to reject any or all bids and to waive any informality or technical error and to accept any bid deemed most favorable to the interests of the Village of Oak Brook. In addition to price,the Village will consider: A. Ability,capacity and skill to fulfill the contract as specified. B. Ability to supply the commodities,provide the services or complete the construction promptly,or within the time specified,without delay or interference. C. Character,integrity,reputation,judgment,experience and efficiency. D. Quality of performance on previous contracts. E. Previous and existing compliance with laws and ordinances relating to the contract. F. Sufficiency of financial resources. G. Quality,availability and adaptability of the commodities,services or construction,in relation to the Village's requirements. H. Ability to provide future maintenance and service under the contract. Paqe 4 I. Number and scope of conditions attached to the bid/proposal. J. Record of payments for taxes,licenses or other monies due the Village. 8. GUARANTEE: NOT APPLICABLE 9. PAYMENT: The Village of Oak Brook authorizes the payment of invoices on the second and fourth Tuesday of the month. For consideration on one of these dates, payment request must be received no later than fourteen (14) days prior to the second or fourth Tuesday of the month. 10. INDEMNIFICATION: The Contractor shall protect, indemnify,save,defend and hold forever harmless the Village and/or its officers, officials, employees, volunteers and agents from and against all liabilities, obligations,claims,damages,penalties,causes of action,costs and expenses, including without limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village and/or its officers, officials, employees, volunteers and agents may incur, suffer or sustain, or for which the Village and/or its officers, officials, employees, volunteers and agents may become obligated by reason for any accident, injury to or death of persons or loss of or damage to property, or civil and/or constitutional infringement of rights (specifically including violations of the Federal Civil Right Statutes),arising indirectly or directly in connection with or under,or as a result of,this or any Agreement by virtue of any act or omission of any of the Contractor's officers, employees, subcontractors, and/or agents, provided that the Contractor shall not be liable for claims, obligations, damages, penalties,causes of action,costs and expenses arising solely by any act or omission of the Village's officers,officials,employees,volunteers and/or agents. The contractor shall hold the Village harmless for any and all claims for labor, material,apparatus,equipment,fixtures or machinery furnished to the contractor for the purpose of performing the work under the contract;and the payment of all direct and indirect damages to any person, firm, company or corporation suffered or sustained on account of the performance of such work during the time the contract is in force. 11. INSURANCE: Certificates of Insurance shall be presented to the Village within fifteen (15) days after the receipt by the contractor of the Notice of Award and the unexecuted contract, it being understood and agreed that the Village will not approve and Paqe 5 execute the contract nor will the bid guarantee be returned until acceptable insurance certificates are received and approved by the Village. Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Article III of Chapter 12 of the Code of Ordinances of the Village of Oak Brook(hereinafter referred to as"Insured")shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property,which may arise from or in connection with the performance of the work under the contract or permit,by either the contractor,permittee,or their agents,representatives,employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability-$2,000,000 combined single limit per occurrence for bodily injury,personal injury and property damage,provided that when the estimated cost of the work in question does not exceed$5,000,the required limit shall be $500,000; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village,either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees,volunteers and agents;or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain,or be endorsed to contain,the following provisions: D. General Liability and Automobile Liability Coverage- (1) The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured; premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officers, officials,employees,volunteers and agents. (2) The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees and volunteers. Any Paqe 6 insurance or self-insurance maintained by the Village, its officers, officials, employees or volunteers shall be in excess of the Insured's insurance and shall not contribute with it. (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials,employees or volunteers. (4) The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers,officials,employees,and volunteers for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty(30)days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials, employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete,certified copies of all required insurance policies,at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 12. SAFETY: The contractor and any subcontractors shall comply with all the provisions of the Federal Occupational Safety and Health Act of 1970(84 Stat.1590),as amended. Paqe 7 13. EQUAL OPPORTUNITY: The contractor will not discriminate against any employee or applicant for employment because of race,color, religion,sex,ancestry,national origin,place of birth,age or handicap unrelated to bona fide occupational qualifications. 14. CONTRACT TERM: The Term of this Contract will be for the four calendar years(2021-2024). The first year rates shall be in effect for the 2021 calendar. The 2nd 3rd and 41h years will extend for annual periods thereafter. 15. COPIES OF DOCUMENTS The number of copies of Contract and Bond required to be executed is as follows: a)Two (2) original counterparts of the Contract documents will be required to be executed. 16. EXECUTION OF DOCUMENTS The Contractor, in signing his Bid overall or on any portion of the work, shall conform to the following requirements: Bids signed by an individual other than the individual represented in the Bid documents shall have attached thereto a power of attorney evidencing authority to sign the Bid in the name of the person for whom it is signed. Bids,which are signed for a partnership,shall be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Bid a power of attorney evidencing authority to sign the bid, executed by the partners. Bids, which are signed for a corporation, shall have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name. If an official other than the President of the Corporation manually signs such Bid,a certified copy of a resolution of the board of directors evidencing the authority of such official to sign the Bid should be attached to it. Such Bid shall also bear the attesting signature of the Secretary of the corporation and the impression of the corporate seal. The Contract shall be deemed as have been awarded when formal notice of award shall have been duly served upon the intended awardee. Paqe 8 17. EMPLOYMENT OF ILLINOIS WORKERS DURING PERIODS OF EXCESSIVE UNEMPLOYMENT: The Contractor shall comply with all Illinois statutes pertaining to the selection of labor. Whenever there is a period of excessive unemployment in Illinois,which is defined herein as any month immediately following 2 consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded 5 percent as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures,the Contractor shall employ only Illinois laborers. "Illinois laborer"means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. Other laborers may be used when Illinois laborers as defined herein are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the Municipality. The Contractor may place no more than 3 of his regularly employed non-resident executive and technical experts,who do not qualify as Illinois laborers,to do work encompassed by this Contract during a period of excessive unemployment. This provision applies to all labor,whether skilled,semi-skilled or unskilled,whether manual or non-manual. 18. NON-DISCRIMINATING: The Contractor, its employees and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human Rights Act,the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act,and rules applicable to each. 19. PREVAILING RATE OF WAGES: All wages paid by the Contractor and each subcontractor shall be in compliance with The Prevailing Wage Act (820 ILCS 130), as amended, except where a prevailing wage violates a federal law, order,or ruling,the rate conforming to the federal law, order, or ruling shall govern. The Contractor shall be responsible to notify each subcontractor of the wage rates set forth in this contract and any revisions thereto. If the Department of Labor revises the wage rates,the revised rate as provided by the public body shall apply to this contract and the Contractor will not be allowed additional compensation because of said revisions. Contractor will comply with the Illinois prevailing wage law, as amended from time to time. Not less than the prevailing rate of wages as found by Owner or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work under the Contract. If the Department of Labor revises the Paqe 9 prevailing rate of wages to be paid laborers, workers or mechanics under the Contract,Owner will notify Contractor and each Subcontractor of the change in the prevailing rate of wages; provided, however, regardless of whether Owner gives such notice, the revised prevailing rate of wages shall apply to the Contract and Contractor shall have the sole responsibility and duty to pay, and ensure that all Subcontractors pay,the revised prevailing rate of wages to each person to whom a revised rate is applicable. Revision of the prevailing wages shall not result in an increase in the Contract sum or other cost to Owner. Contractor shall indemnify, defend and hold Owner harmless from any loss,including but not limited to Owner's attorneys fees, resulting from Contractor's failure to comply with this prevailing wage clause. All bonds applicable to the Contract shall include a provision as will guarantee the faithful performance of the obligation to pay the prevailing rate of wages. The Contractor and each subcontractor shall make and keep,for a period of not less than 3 years, records of all laborers, mechanics, and other workers employed by them on the project;the records shall include each worker's name, address,telephone number when available,social security number,classification or classifications, the hourly wages paid in each period, the number of hours worked each day, and the starting and ending times of work each day. The Contractor and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the public body in charge of the project. The certified payroll shall consist of a complete copy of the records. The certified payroll shall be accompanied by a statement signed by the contractor or subcontractor,which states that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required;and (iii) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Upon 2 business days'notice,the contractor and each subcontractor shall make available for inspection the records to the public body in charge of the project, its officers and agents, and to the Director of Labor and his deputies and agents at all reasonable hours at a location within this State. The Contractor and each subcontractor shall permit his/her employees to be interviewed on the job,during working hours,by compliance investigators of the Department or the Department of Labor. 20. INDEPENDENT CONTRACTOR: There is no employee/employer relationship between the Contractor and the Village. Contractor is an independent contractor and not the Village's employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act,the Social Security Act,the Federal Unemployment Tax Act,the Paqe 10 Worker's Compensation Act (820 ILCS 305/1, et seq.). The VILLAGE will not (i) provide any form of insurance coverage, including but not limited to health, worker's compensation, professional liability insurance, or other employee benefits, or (ii) deduct any taxes or related items from the monies paid to Contractor. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Contractor and the Village, and the Village is not and will not be liable for any obligations incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship or partnership between the Village and the Contractor. 21. ASSIGNMENT Neither the Village nor the Contractor shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. 22. GOVERNING LAW The laws of the State of Illinois as to interpretation, performance and enforcement shall govern this Agreement. The forum for resolving any disputes concerning the parties' respective performance or failure to perform under this Agreement shall be the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. Paqe 11 Section D Specifications A. GENERAL INSTRUCTIONS 1. QUALIFICATIONS OF BIDDERS: To demonstrate qualifications to perform the Work, each Bidder must submit written evidence, such as financial data,previous experience, present commitments,and other such data as may be called for in the Contractor's Information Report. 2. EXAMINATION OF CONTRACT DOCUMENTS AND INSPECTION OF WORK ZONES: It is the responsibility of each Bidder before submitting a Bid, to examine the Contract Documents thoroughly, visit the pruning zones and familiarize themselves with the areas, local conditions that may affect his work, progress, performance or furnishing the work, consider federal, state and local laws and regulations that may affect cost, progress,performance or furnishing of the work. B. GENERAL REQUIREMENTS AND TECHNICAL SPECIFICATIONS 1. SCOPE OF WORK: The work included in this Contract shall be for the pruning of trees located on public property within the Village of Oak Brook in the areas specified on the attached map. It shall include hauling and disposing of all wood and debris and cleaning up by raking lawn areas and sweeping sidewalks, streets and gutters and restoring the premises to its original condition. 2. INTENT OF SPECIFICATION: It is the intent of these specifications to achieve several goals: First to improve the health and vigor of the trees, to improve their appearance, to provide safe passage of traffic and pedestrians, and to reduce future maintenance cost through proper pruning. All pruning must be appropriate and in keeping with the character of the community. Each tree shall be pruned to enhance its individual characteristics. A mass-produced or assembly line appearance will not be acceptable. 3. DESCRIPTION OF WORK: This contract consists of furnishing all labor, supervision, materials, tools, equipment, incidentals, and expertise necessary for the pruning of all trees specified by the Village. Emergency pruning and/or removal work may also be required. Since the work is of a potentially dangerous nature and requires special expertise, it is to be performed by a company that derives a majority of its annual income from aboricultural work and whose employees are highly trained and skilled in all phases of tree service work. Page 2 4. PRE-WORK MEETING: Upon execution of the contract with the successful Bidder, the Village will schedule a meeting with the Contractor. In attendance shall be the Contractor's representative on the job. 5. PERFORMANCE: Timely performance of all work is of the essence to this contract. The right-of-way tree pruning work to be performed shall be commenced within 10 days of receipt by the Contractor of the Notice to Proceed. 6. FINAL ACCEPTANCE: Acceptance of work shall be made upon successful completion of the pruning and shall be to the satisfaction of the Village of Oak Brook. 7. DAMAGES TO PROPERTY: The Contractor shall be responsible for any damage to properties caused by the acts of his work in the course of performance of this contract and shall replace or restore to its original condition any such damaged property at no cost to the occupant or owner or the Village of Oak Brook. The Village shall be held harmless for all liability under the Scope of Work of this contract. 8. LIQUIDATED DAMAGES: It is essential to complete all right of way tree pruning within the time limits specified. Failure to complete pruning on schedule shall result in a penalty of two hundred and fifty ($250.00)per day. Such penalty shall be deducted from the amount due the Contractor for the period of pruning in which the deficiency occurs. The penalty as described herein may be waived at the sole discretion of the Village. Such waiver to include excessive inclement weather,Acts of God or street construction. 9. PAYMENT: Payment for tree pruning shall be made at the Contract unit price per actual number of trees pruned and accepted by the Village. The invoice will show the number of trees pruned and accepted by the Village, address of location, and the date of pruning. Invoices can be submitted bi-monthly. In the event the Village shall employ the Contractor for emergency or off-season work,the applicable rates will apply as noted in Section B. Contractor shall be paid within thirty (30) days of receipt of Contractor's invoice provided said invoice is consistent with the terms and conditions of the Contract. 10. SAFETY: The importance the Village attaches to safety cannot be overemphasized. The Village reserves the right, at its discretion, to stop work or disallow payment for any work performed where the proper safety precautions were not being observed. The Contractor shall comply with all OSHA and Department of Labor requirements and regulations. Page 2 11. CONTRACTOR'S DUTIES: The Contractor shall supervise and direct the work, using his best skill and attention and he shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under the Contract. The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the work or permit to be employed any unfit person or anyone not skilled in the task assigned to him. All work shall be performed in a businesslike manner following reasonable safety procedures and using necessary safety equipment, such as traffic cones and street barricades. The Contractor warrants to the Village that all work shall be of excellent quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements may be considered defective. The Contractor shall be responsible to the Village for the acts and omissions of his employees. 12. TREE MEASUREMENT: Contractor shall locate by measurement each tree to determine if said tree is to be pruned. If a tree is located within 16 feet of back of curb or pavement edge,said tree is to be pruned. If a tree is located on this sixteen-foot line,Village is to be notified prior to any pruning. Village will determine if the tree in question is to be pruned and so advise the Contractor. 13. MOBILIZATION/DEMOBILIZATION: The Contractor shall be responsible for mobilizing all of the proper and necessary equipment required to complete the contract work and for demobilizing and removing all equipment from the work site(s) upon completion of the contract work. Mobilization/Demobilization shall be considered incidental to the Contract. 14. HOURS OF WORK: No work shall be performed prior to 7:00 a.m. and shall be completed by 3:30 p.m. Normal workdays shall be Monday through Friday. No work will be allowed on Saturdays, Sundays or Holidays except for designated Additional Work requested by the Village. 15. PRUNING SCHEDULE: 2021 Pruning shall be completed by December 31, 2021. 2022 Pruning shall be completed by December 31,2022. 2023 Pruning shall be completed by December 31, 2023. 2024 Pruning shall be completed by December 31,2024. 16. NOTIFICATION OF UTILITY COMPANIES: All pruning will be made on Village right-of-ways at various addresses throughout the Village. It will be the Contractor's responsibility to.ensure, that where necessary, all utility lines are cleared by the respective agency and any fees required paid for by the Contractor. Page 3 17. RIGHT TO SUSPEND WORK: The Village reserves the right to suspend the Work,wholly or in part,for such period as may be necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the satisfactory prosecution of the Work. 18. CONTRACTOR'S PERSONNEL: The Contractor shall employ competent foremen and laborers. None but workers expert in their respective branches of work shall be employed where special skill is required. The Contractor shall provide a qualified "Certified Arborist" for supervision of EACH three-man crew at all times while working under this contract. Each supervisor shall be fluent in English and be authorized by the Contractor to accept and act upon all directives issued by the Village's representative. Labor Definitions shall be classified as follows: A.) Common Labor- This classification describes labor having minimal skills and used in ground operations such as loading trucks,cutting limbs on the ground,operating chippers,and raking and cleaning up areas. B.) Skilled Labor- This classification describes labor proficient in working in trees in either an aerial tower truck or by use of climbing equipment and having proficiency in operating all other related mechanical equipment such as loaders,etc. C.) Foreman- This labor classification shall be for providing supervision of the emergency assistance work force. They shall have responsibility for giving directions, making decisions,and assuming responsibility for all work completed by the Contractor. D.) Certified Arborist- This classification describes individuals who have achieved a level of knowledge in the art and science of tree care through experience and by passing a comprehensive examination developed by some of the nation's leading experts on tree care. The Contractor shall provide full time daily inspection and supervision by competent "Certified Arborists" for EACH 3-man crew for the purpose of insuring that pruning is properly done in accordance with the provision of this Contract. The Contractor's supervisors shall at all times make themselves available at any place within the Village limits during the regular work day to aid in resolving any problem matters that may arise. There shall be one overall project supervisor who shall be the contact person for the Village. The project supervisor will maintain contact with the Village's representative. Page 4 Contractor's employees shall perform their duties in a quiet, orderly and courteous manner. Neither the Contractor nor his employees shall solicit gratuities of any kind for the performance of any work included within the Contract. A pruning crew shall consist of not more than three (3) people per each crew with the required equipment to perform tree-pruning operations satisfactorily. 19. PRUNING OPERATIONS A.) Pruning shall be done in accordance with standards presented in the International Society of Arboriculture Best Management Practices:Tree Pruning and the ANSI A300 (part 1)—2017 Pruning. B.) Each tree shall be evaluated on an individual basis and additional pruning performed as follows: 1) Prune low limbs off to allow for unobstructed walking under the tree while maintaining the bottom of the crown balanced. 2) Leave low limbs to provide privacy and maintain aesthetic quality of the neighborhood. 3) Clearance from other trees shall be maintained for proper growth and development,while maintaining a natural uniform shape. 4) Remove dead,dying,diseased,interfering,and weak branches 5) Remove water sprouts and trunk suckers that do not add to the shape of the tree 6) Clear roadway curb to a height of thirteen (13 ft.)feet. In this clearing, no stubs are to be left and directional pruning techniques are to be used to reduce future maintenance. At no time shall the 1/3 rule be broken. This clearing must also be performed with consideration to crown shape and balance. C.) Any structural weakness, decayed trunk or branches, split crotches or branches shall be reported to the Village's representative. D.) The Contractor shall measure each tree form the "back of curb or edge of pavement" to determine if it is to be pruned, since no sidewalks exist to define the parkway. E.) The Contractor shall notify all residents(Village to supply letters) prior to beginning operations and meet with residents at their request to explain the pruning objectives. F.) A daily activity list is to be submitted to the Village at the end of each workday noting the number of trees pruned and the locations of each. Page 5 20. TRAFFIC CONTROL: The Contractor must provide proper warning signs, barricades, and/or other protective devices. These shall be in accordance with the Manual of Uniform Traffic Control Devices, e.g. tree trimming, one lane ahead, road closed,etc. If proper barricading is not performed,the Village will stop work until such time that proper street barricading is accomplished. No TOTAL street closures will be permitted without the advanced approval of the Village's representative. 21. DEBRIS REMOVAL: All debris from tree pruning operations shall be removed from the site(s)and from the Village of Oak Brook the same day it is placed. No debris is to remain in the street or on public or private property overnight. Payment for removal and disposal of debris is to be included in the per tree unit price for tree pruning. All debris, equipment, materials, etc.shall be removed as the work progresses so that the public may have the use of the street a maximum amount of time. The Village reserves the right to request wood chips and firewood-sized logs that are generated from pruning activities be delivered to residents of the Village of Oak Brook or the Village itself. Cost of delivery of wood chips is incidental to the contract. Firewood sized logs will be allowed to be stacked neatly and left on the parkways for homeowner pick up. This also is incidental to the contract price. The Village representative will provide the Contractor with a list of addresses where wood chips are requested. Prior to leaving firewood, the contractor will provide a list of where homeowners are requesting firewood be left. 22. EQUIPMENT: The equipment used for pruning shall be of sufficient type, capacity and quantity to safely and efficiently perform the pruning work as specified. No motorized equipment will be permitted to be driven on the parkways, driveways, or public walks during the duration of the contract without prior authorization from the Village. All equipment to be used by the Contractor shall be listed on the Contractor's Information Report at the time of the bid opening. All such equipment can be subject to the inspection and final approval of the Village. 23. RESTORATION: The Contractor shall take all necessary precautions to eliminate damage to trees, grounds,driveways,streets and curbs,sidewalks structures,and utilities on or adjacent to the work site(s). Any damage shall be reported in writing to the property owner and the Village of Oak Brook on the day of occurrence. Any damage shall be repaired at the Contractor's expense within,ten (10) days of the occurrence (unless demonstrable reason for a delay can be shown with the consent of the property owner and/or the Village of Oak Brook. Should the damage not be rectified within the agreed time or to the satisfaction of the property owner or the Village,the Village can reserve the right to repair or replace that which was damaged,or assess the Contractor such costs as may be reasonable and related to damage caused by the Contractor, and deduct said costs Page 6 from any payment due the Contractor or failure may be cause for termination of the Contract. 24. WEATHER: For the purpose of this Contract, the National Weather Service at O'Hare International Airport shall be the weather forecasting and reporting agency. Any forecast by the National Weather Service shall be deemed to extend no more than 12 hours into the future. The Contractor may suspend or cancel pruning operations if weather conditions are such that same cannot be carried out in a safe and effective manner. If such suspension or cancellation occurs, the Contractor shall immediately notify the Village's representative. 25. ADDITIONAL WORK A. NEED AND RESPONSE: Throughout the term of this contract, it may become necessary for the Contractor to provide additional tree services. The Contractor shall provide 24-hour emergency telephone/pager numbers where the Owner can reach the Contractor. When contacted, the Contractor shall respond within 8-hours. When requested for additional work, the Contractor must be able to furnish, as a minimum,the following quantity and types of equipment: a.) (1)Aerial Tower(55ft.) b.) (1)Clam Truck c.) (1)Log Truck d.) (2)Chippers e.) (2)Chipper Trucks f.) (1)Crane Truck g.) (1)Stumper h.) (1)Semi Truck i.) (1)Utility/Pickup Truck B. PERSONNEL: The same provisions as found herein (Section D, item B-18), Contractor's personnel apply to this work. C. RECORDS: The Village of Oak Brook shall originate all such "Work Orders". Completed Work Orders shall be returned to the Village and shall indicate the date, time and location at which the work was conducted. Included on said Work Order, shall be the employee name, classification, hours worked and the description and hours worked of each piece of equipment used in performing the work. Page 7 D. MEASUREMENT AND PAYMENT: The payment for services rendered shall be made for only those hours actually worked in giving assistance. No allowances will be given for travel time to and from the work site. The HOURLY LABOR RATES as bid for each labor classification in the Bid shall include all labor costs, fringe benefits, insurance, pension, overhead, and profit as required by the Contractor and shall include the furnishing of hand tools, chain saws, miscellaneous equipment and fuel for these tools. Payment for EQUIPMENT RENTAL RATES shall include all costs of ownership, operation, insurance, and costs of transporting the equipment to and from the work site. 26. EMERALD ASH BORER (MERIT) TREATMENT: This item of work shall consist of injection of Tree-Age as prophylaxis for EAB infestation. The treatment shall be applied per manufacturer's specifications. Page 8 OF ergFree Sed - Cs LaGrange Par{, Iliinoiis 60526 (708) 544-e 2 7° Fax (708) 544-0405 e-mail: info@winklerstreeservice.com www.winklerstr-eeservice.com i/Atnois-s First AlatioraUyAccredited Tree Caere Corar an y EFR11 City of Chicago Attn. Forestry tarn Village of Hoff 2352.S Ashland (312) 446-1162 man Estates trim Chicago, IL 60608 Attn: Joe Capiga 2305 Pembroke Ave (847) 781-2714 Hoffman Estates IL 60169 Village of Bensenville Attn: Rick Radde trim Village of Homewood 717 E. Jefferson St (630) 350-3432 trim & re . Attn: Forestry modal Bensenville IL 60106 17755 S Ashland Ave (708) 206-3396 Village of Burr Ridge Homewood, IL 60430 Attn: Gary Gatlin tarn & removal Village of LaGrange trim 0 S County (630) 323-4733 Attn: Brendon PW 766 Burr Ridge, IL 0521Rd ange Park 447 N-.Catherine Ave LaGrange Park IL 60526 (708) 446-4493 Village of Carol Stream Attn: Ron Roehn Public Works trim 8 removal 630-871-6260 Village of Maywood124 Gerzevske Ln Attn: John West trim & removal Carol Stream IL 6o188 - 40 Madison St (708).491-8842 Catholic Cemetbries MaY.Wood, IL 60153 Attn: Joe Catalano trim $ removal Village of North Riverside 1400 S Wolf Rd 708-449-6100 x 473 Attn: Tim Kull trim removal Hillside-IL 60162-2197. - 2734-S 9th Ave (708) 447-4211 Chicago Park District Broadview, IL 60154 541 N. Fairbanks trim 8 removal Village of Vernon Hills Chicago, IL 60611 (312) 742-7529 trim Attn: Kenneth Loar 290 Evergreen Dr 847-680-2268 Cook County Forest PreserveVernon Hills IL 60061 536 N. Harlem trim � removal River Forest, IL 60305 (630) 77.I-jo0C)* .Vil - lage of Westchester trim & removal Villa Attn:- ACarl Mueil - - village of Flossrnoor Attn: Roosevelt Rd 708-305-1019 Attn: Dave Becker .removal & stump .10300 Westchester IL 60154 I 700.Central Park Ave (708) 957-4100 - -lossmoor IL 60420 Village of 9 Western Springs trim illa Attn: Will PW ge of Glendale Hts 740 Hillgrove Ave 708-305-9609 ttn: Tim PW trim Western Springs IL 6055 )0 Civic Center Piz 630-260-6060 'Endale Heights IL 60139 .E° . Village of Wilmette 1200 Wilmette Ave. trim Wilmette, 1L 60091 (847) 853-7587 Section E Contractor's Information Report The bidder is required to provide a statement of experience. The information provided herein is in conjunction with the Contractor's bid for Tree Maintenance Services. A. EQUIPMENT/PERSONNEL: 1. Attach a listing of presently owned or leased equipment. 2. Attach a listing of presently employed personnel,their titles,experience, and types of licenses and/or arborist certificates held. B. MUNICIPAL EXPERIENCE: The bidder is required to state below what work of similar magnitude or character is had performed,and to give references that will enable the Owner to judge the experience, skill and business standing and of its ability to conduct the work as completely and as timely as required under the terms of the Contract. Attach a listing of all completed municipal tree-pruning contracts your company completed between January 1,2017 and December 31,2020. Contracting Entity Reference Contact $Value of Contract Name/telephone t/ c, V The bidder shall have in his employ a minimum of one-management personnel and the bidder certifies that said personnel shall be assigned to directly manage and supervise this contract. Said personnel shall have managed and supervised,at minimum,two municipal tree pruning programs similar in type,scope,magnitude,and dollar value to the as outlined in these contract specifications. Page 1 Section F Statement of Bidder's Qualifications All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary,questions may be answered on separate attached sheets.The Bidder may submit any additional Vin pU,(JctQ he or3s��nJ�s iag�`59 er s roe an P.O.Box 1134 1. Name of Bidder: rmnQP Pari_RL 60526 70F3-544-1219 2. Permanent main office address: info@winklerstreeservic®.Com I3. When organized: I I 1 4. If a corporation,where incorporated: 1 5. How many years have you been engaged in thecontracting business under your present firm or trade name: y'] v 1 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion) AL m c S i A 11 7. General character of work performed by your company: 6 M ,a �PFP' 1 8. Have you ever defaulted on a contract: t� J 9. List,on an attached sheet,the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. Include a contact person and phone#for each. p 10. List your major equipment available for this contract. t J L L� S u 11. Experience in work similar in importance to this project: 'To tiS L- 516A 12. Background and experience of the principal.members of your organization, including the officers. 0;-4 c& W, )V-Ll, f kcf PAt FLP„,. (,A-J - SAL&S L-sA 13. Credit available: y 5 0 Page 1 14. Bank reference: c t1 �, 15. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Village of Oak Brook: '16 S 16. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Village of Oak Brook in verification of the recitals comprising this Statement of Bidder's Qualifications. DATED at Illinois this 9 day of 2021 0 By: kz- Title STATE OF ILLINOIS ) ) COUNTY OF ('—'-.01D/�� ) SS. being duly sworn deposes and says that he is the T=� of_ winkler's Tree & Landscaping, that the answers to the foregoing questions and all statements therein contained are true and correct. SUBSCRIBED and sworn to before me this day of-77 F'A8 2021 N ry Public "OFFICIAL SEAL" CINDY LU ZWART Notary Public,State of Illinois My Commission Expires 2/22/23 Page 2 Section G References Bidder shall supply the following information listing at least five customers for which the bidder has supplied a similar type of commodities,service,or construction. 1.Company Name: l�� F �� R.L- 04 -S ✓,`j Address: 2 wk I=. - /'0 Phone#: -7 2:> Contact: 2.Company Name: 't� Address: A i/I L)'- Phone J,Phone#: In 3 3 7 L//& �r Contact: 3.Company Name: r/o �►g 1� f��'� Address: Phone#: Contact: 4.Company Name:_A A-./A L) i Address: L S L Phone#: Contact: 5.Company Name: S A /) Address: Phone#: o�, - �y 7 7 1 Contact: S 'q Paqe 1 Section H Bid Certification The undersigned, being first duly sworn an oath, deposes and states that he has the authority to make this certification on behalf of the bidder for the construction, product, commodity, or service briefly described as follows: "Tree Maintenance Services" (A) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled Statutes, 1993, the bidder is not barred from bidding on this contract because of a conviction for the violation of State of Illinois laws prohibiting bid rigging or bid-rotating. (B) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-42.1- 1 of the Illinois Compiled Statutes, 1993, the bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. (C) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the Illinois Compiled Statutes, 1993, the bidder has a written sexual harassment policy in place including the following information: 1. An acknowledgment of the illegality of sexual harassment. 2. The definition of sexual harassment under State law. 3. A description of sexual harassment, utilizing examples. 4. The contractor's internal complaint process including penalties. 5. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6. Directions on how to contact the Department or the Commission. This usiness firm is: (check one) Corporation Partnership Individual Firm Name: ARn „ , e-and Laridscapicig P:0. J30X 1154 Address: La Grange Pact<y IL 60526 City, State, ZIP: info@winklets'creP;service.corn Signature: y '✓t"*� w �` Name Printed: U , .4 c.. c LJ , 1� � c Title: ptz- ✓S Telephone: `� `' � ' ��� (`1 Date: / T— Paqe 2 ATTEST: P -SEAL- SUBSCRIBED AND SWORN TO before me this `1 1k day of , 2021 "OFFICIAL SEAL" CINDY LU MART Notary Public, State of Illinois taryP IIC My Commission Expires 2/22/23 Paqe 3 Section I Contract (To Be Signed and Submitted as a part of Bid Package) Tree Maintenance Services 1. THIS AGREEMENT, made and concluded this T� day of 2021, between the Village of Oak Brook,a municipal corporation,acting by and throw h its President and Board of Trustees,known as VILLAGE,and u 15 &. ] his executors,administrators,successors or assigns,known as CONTRACTOR. 2. WITNESSETH: That for and in consideration of the payments and agreements mentioned in the Bid hereto attached,to be made and performed by the VILLAGE, and according to the terms expressed in the Bond (if applicable) referring to these presents, the CONTRACTOR agrees, at their own proper cost and expense, to do all work, furnish all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described, and in full compliance with all of the terms of this Contract. 3. PERIOD OF CONTRACT: This Contract will be in full force for four calendar years 2021 —2024. 4. TERMINATION: The Village may cancel or terminate this Contract, at its sole discretion, with or without cause, and without prejudice to any other right and remedy the Village may have, upon giving the CONTRACTOR thirty (30) days prior written notice. In the event of any such cancellation or termination, this Contract shall be null and void,and neither party shall have any further obligation to the other party, except for any indemnification obligation set forth in this Contract, and for any payment to the CONTRACTOR as provided below. Upon cancellation or termination of this Contract, the Village may arrange for the provision of the services contemplated hereunder by whatever method the Village may deem expedient. In such case,the CONTRACTOR shall recover,as its sole remedy, payment for work properly performed under the terms of this Contract prior to the effective date of cancellation or termination. The CONTRACTOR hereby waives and forfeits all other claims for payment and damages, including, without limitation,anticipated profits or consequential damages. 5. And it is also understood and agr,�d�that the e f e Bid Package hereto attached, approved by the VILLAGE this W"` day Y � '2021, are all essential documents of this contract and are a part hereof. Page 1 6. IN WITNESS WHEREOF, the said parties have executed these presents on the above-mentioned date. ATTEST: VILLAGE O AK BROOK Village Clerk BVillage ATTEST: Winkler's Tree & Landscaping, Inc. Corporate Name By Secretary J Contractor Partners doing Business under (If a Co-Partnership) the firm name of Party of the Second Part (If an Individual) Party of the Second Part Page 2 SEXUAL HARASSMENT CERTIFICATE Winkler's Tree & Landscaping, Inc. hereinafter referred to as "Contractor" having submitted a bid/proposal for ,T,,- = —i/-*,m to the Village of Oak Brook, DuPage/Cook Counties, Illinois, hereby certifies that said Contractor has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4) including the following information: 1. An acknowledgment of the illegality of sexual harassment. 2. The definition of sexual harassment under State law. 3. A description of sexual harassment, utilizing examples. 4. The contractor's internal complaint process including penalties. 5. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6. Directions on how to contact the Department or the Commission. 7. An acknowledgment of protection of a complaint against retaliation as provided in Section 6-101 of the Human Rights Act. Each contractor must provide a copy of such written olicy to the Illinois Department of Human Rights upon request. By: �.� Authorized Agent of Contractor Subscribed and sworn to before me this days of 2021 "OFFICIAL SEAU' CINDY LU MART Notary Public, State of Illinois My Commission Expires 2/22/23 Notary lic Page 3 t CONTRACTOR'S CERTIFICATIONS (CONTRACT EXECUTION) Winkler'sTree & Landscaping, Inc. having executed a contract for .L" E 1-J'0/-7�__, with the VILLAGE, hereby certifies that said contractor is not barred from executing said contract as a result of a violation of either Section 5/33E-3 or 5/33E-4 of Chapter 720 of the Illinois Compiled Statutes. (DRUG-FREE WORKPLACE) Contractor deposes, states and certifies it will provide a drug free workplace by complying with Section 3 of the Illinois Drug Free Workplace Act, being 30 ILCS 580/3. Attes it s: Contractor Winkler's Tree & Landscaping, Inc. By- fZG2� � X/ By: ✓�"� W Name of Contractor's Executing Officer Title: �� l �pp� ��✓ Title: Title ofContractor's Executing Officer Subscribed and Sworn to "OFFICIAL SEAL" before me this WY day CINDY LU ZWART of 2021 Notary Public,State of Illinois My commission Expires 2/22/23 My Commission Expires: Notary P b is -SEAL- Page 4 PREVAILING WAGE AFFIDAVIT 1, r..t<- w -J �L��` (name of signatory), on oath hereby state and certify that Wnkler'sTae & L n damping, gi;w, (name of Contractor), pursuant to a Contract dated 2021 , with the Village of Oak Brook for the `- L.s0 �'�<<- Project, has complied and will comply with all laws, including those relating to the employment of labor, the payment of the current general prevailing rate of hourly wages for each craft or type of worker or mechanic needed to execute the Contract or perform such work, and also the current general prevailing rate for legal holiday and overtime work, as ascertained by the Illinois Department of Labor for DuPage County, Illinois, and those prevailing rates are paid and shall be paid for each craft or type of worker or mechanic needed to execute the aforesaid Contract or to perform such work. Winkler's Tree & Landscaping, Inc. (name of Contractor) has also complied and will comply with all record keeping requirements established in the Prevailing Wa e Act (820 ILCS 130/0.01, et seq. CONTRACT R: r By: , VV',—L Title: C/- L SUBSCRIBED AND SWORN TO BEFORE ME THIS qrH DAY OF 2021 NOTARY UBLIC "OFFICIALEAL" MART 17No=etary Public,Statof Illinois ommission Expires 2/22/23 Page 5 '( CERTIFICATION OF PAYROLL RECORDS 1J:,JKL"(name of person executing this certificate), do hereby certify that I am the duly qualified and acting ;o-ar (title) for Winkler's Tree&Landscaping,11(oame of contractor) and, as such, am authorized to certify payroll records as true and accurate for such company in accordance with the requirements of Section 5 of the Prevailing Wage Act(820 ILCS 130/5)(the"Act"). I do hereby further certify that the following document is a true and accurate copy of the records of all laborers, mechanics, and other workers employed by Winkler's Tree i_ a� ndcr��;nn�q► ne of contractor) on Tree Maintenance Services the "Project")for the Village of Oak Brook (the "Village"), including each such worker's name, address, telephone number,social security number,classification or classifications;and the hourly wages paid in each pay period, hours worked each day, and the starting and ending times of work each day for each such worker on such Project. I do hereby further certify that the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by the Act, and that Winkler's Tree&1 anrlcraninn i(llame of contractor), and I on behalf of such contractor, are fully aware that filing a certified payroll that we know to be false is a Class B misdemeanor. I further certify that upon two (2) business days' notice, if requested, we and any ds required in the Act subcontractor hired by us shall make available for inspection the recorto the District, its officers and agents,and to the Director of Labor, his deputies and agents,at reasonab``l��e hours at a location within the State of Illinois. Date: Y/ Ll ,2021 Winklees.Tree&Landscaping,Inc. (Name of Contracto _U V (Sign�a(ture) U,,Al-1 (Printed Nam PA S (Title) Subscribed and sworn to before me "OFFICIAL SEAL" this day of-�.,P021 CINDY LU ZWART Notary Public,State of Illinois My Commission Expires 2/22/23 Notary PO#c Page 6