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HomeMy WebLinkAboutIndependence Day Fireworksj:\worddoc\rfp\2022 rfp\independence day fireworks.docx VILLAGE OF OAK BROOK Purchasing Division 1200 Oak Brook Road Oak Brook, IL 60523 (630) 368-5164 REQUEST FOR PROPOSAL Independence Day Fireworks Display October 2022 j:\worddoc\rfp\2022 rfp\independence day fireworks.docx TABLE OF CONTENTS SECTION 1. REQUEST FOR PROPOSALS ............................................................................................... 2 A. NOTICE – POSTED ON THE VILLAGE W EBSITE OCTOBER 27, 2022 ........................................................ 2 B. PROJECT DESCRIPTION ...................................................................................................................... 3 C GENERAL TERMS AND CONDITIONS ..................................................................................................... 1 SECTION 2. PROPOSAL INSTRUCTIONS ................................................................................................. 8 A. DOCUMENTS/INFORMATION TO BE SUBMITTED ..................................................................................... 8 B. PROPOSAL ....................................................................................................................................... 10 C. REFERENCES ................................................................................................................................... 12 E. CONTRACTORS CERTIFICATION ......................................................................................................... 14 D. SEXUAL HARASSMENT POLICY .......................................................................................................... 16 E. PREVAILING WAGE AFFIDAVIT ........................................................................................................... 17 F. CERTIFICATION OF PAYROLL RECORDS ............................................................................................. 18 SECTION 3. REVIEW PROCESS ............................................................................................................. 19 A. EVALUATION OF PROPOSALS AND SELECTION .................................................................................... 19 B. BASIS OF AWARD ............................................................................................................................. 19 Page 2 Section 1. Request for Proposals A. Notice – posted on the Village Website October 27, 2022 Village of Oak Brook Request for Proposals Independence Day Fireworks Display October 2022 The Village of Oak Brook is soliciting proposals for Independence Day Fireworks Display. Proposals shall be addressed to: Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 The closing date and time for receipt of proposals is Thursday, November 10, 2022, at 3:00 P.M. prevailing time. Proposals received after the submittal time will be rejected and returned unopened to the sender. A complete proposal package is on file for inspection and may be downloaded from the Village’s website at 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. The Village of Oak Brook reserves the right to reject any or all proposals, waive all technicalities, errors, omissions, erasures, alterations, and additions not called for, and to make an award which, in its judgment, is the best and most favorable to the interests of the Village and the public. Page 3 B. Project Description 1. Introduction The Village of Oak Brook will be hosting the Taste of Oak Brook followed by an Independence Day Fireworks display on July 3, 2023. The Taste of Oak Brook celebration kicks off in the afternoon and will include food from some of Oak Brook’s finest restaurants and children activities. The Taste will conclude with fireworks beginning at approximately 9:15 p.m. The rain date for fireworks only is July 4, 2023. 2. Scope of Services Contractor shall furnish, erect, and fire under Village direction the Village of Oak Brook’s July 3, 2023, fireworks display at the Oak Brook Sports Core Field #1 in Oak Brook, Illinois. Contractor shall provide through the field pyro technician, at the contractor’s expense, one (1) assistant chief pyro technician, and two (2) additional qualified pyro technician aides to assist in the erection and firing of the display. Each person shall be an employee of the contractor. Contractor’s personnel and materials shall report to the Oak Brook Sports Core in Oak Brook, Illinois (fireworks display site) no later than 9 a.m., July 3, 2023, to begin setting up the fireworks display. The contractor shall have the fireworks display material ready for show by 5 p.m., July 3, 2023. Contractor will have the flexibility to set up July 2, 2023. Cancellation or postponement due to inclement weather will be made at the discretion of the Village of Oak Brook and the contractor’s representative. Contractor shall perform tests before beginning the official program to make sure that the winds aloft will not distort the exhibition nor carry hot or burning matter where it can cause damage to persons or property. Contractor shall provide for at all times in preparation of, during, and immediately after fireworks display, a safe and clean operating environment at the fireworks display site in Oak Brook. Contractor shall provide for a fireworks display lasting twenty-three (23) minutes in duration and fireworks display shall exhibit rapid, constant fire for the entire twenty-three (23) minutes with a minimum of 2,000 individual shells fired. Rain date shall be July 4, 2023. Times and arrangements shall be the same as outlined in the preceding paragraphs of these specifications. Decision by the Village of Oak Brook to cancel the event will be made by 7 p.m. on the date in question. The closest building to the site of the fireworks display will be no closer than 1,200 feet. The closest residential area to the site of the fireworks display will be no closer than 1,200 feet. The closest spectators to the site of the fireworks display will be no closer than 1,200 feet. The firing location may be sub ground level; only aerial shells are to be incorporated into show. Pyrotechnic materials may arrive early for the Oak Brook show if they are enclosed and secured in a weather tight motor vehicle stored outdoors. The Village of Oak Brook will not assume the responsibility or liability for the storage of pyrotechnical materials. All pyrotechnic materials shall be top grade and have been factory tested by the manufacturer to assure their individual quality, performance, and safety. Contractor shall provide for his employees’ and public safety at all times. Page 4 Contractor shall perform this agreement as an independent contractor and shall not be considered an agent of the Village of Oak Brook, or shall any employees or agents of contractor be considered an agent of the Village. 3. Show Design and Work Contractor shall provide labor, material, and equipment for presentation of an innovative and attractive aerial fireworks display on July 3, 2023, at the Oak Brook Sports Core, Oak Brook, Illinois. Program objective shall be to create a spectacular, continuous fire, aerial display visible to an audience viewing from many area vantage points not immediately adjacent to the discharge site and accompanied to music. At the conclusion of the fireworks display, the William Tell Overture shall be played unless prior written direction is given by the Village Manager. To achieve this objective, the contractor shall allow for appropriate layering and balance of the overall program with no perceptible breaks or gaps in the display. Proposal must include patriotic music selections with corresponding pyrotechnics. The proposed synchronized audio must be provided via a USB Drive to the Village by June 30. The following general parameters are provided for accomplishment of the objective. Length of Display: 23 minutes continuous firing Pyrotechnics: Total display shall include a minimum of 2,000 individual shells. The minimum number of shells is provided as a guideline; therefore, innovation and creativity on the part of the contractor is essential. Proposal shall be an aerial display only, which must include a riveting opening, unique body, and dramatic finale (no set pieces). No parachute shells of any type shall be allowed. Substitutions: Contractor must perform show that was proposed. Substitution(s) shall not be made after award of contract unless approved by the Village Manager 15 days prior to July 3, 2023. Failure to provide exact brand, size, and quantity of shell as submitted in final proposal will result in reduction in payment. 4. Conduct of the Display The display shall be conducted in accordance with National Fire Protection Association standard 1123-1995, code for the Outdoor Public Display of Fireworks published by the National Fire Protection Association, Inc. The following modifications apply: A. Construction of Shells In addition to the standard paper mache shells, shells with molded plastic casing shall be permitted. However, mortars firing shells with plastic casings shall not be reloaded. B. Installation of Mortars Mortars shall be installed in mortar racks in accordance with NFPA standards and be properly anchored to the ground. C. Discharge Sites The discharge site shall be limited to the area specified by the Village of Oak Brook. D. General Requirements No aerial display may be fired when winds exceed 20 MPH, when unusually wet weather presents other definite dangers, or when conditions are deemed unsafe by the Village of Oak Brook. The contractor shall be responsible for the complete installation and cleanup of the display and supplying all necessary materials and equipment in connection therewith except as provided for under Village Furnished Items. Page 5 The contractor shall furnish qualified operators for set-up, launch, and take down, and abide by all Federal, State, and Local regulations that apply to handling pyrotechnics. The contractor shall provide necessary safety equipment and materials, transportation, and security for fireworks and launch site. Fire extinguishers shall be in plain view when any live loads are on-site. Numbers of fire extinguishers shall be adequate to the size of the display. The fireworks display is scheduled to commence at approximately 9:15 p.m. The exact firing command shall be given by the Village representatives at the launch site. In the event that the performance provided is delayed through any fault of the contractor, the contractor shall reimburse the Village the amount of $500.00 per each 5 minute delay beyond the scheduled starting time of the performance as noted above. In the event of inclement weather, the display will be rescheduled for July 4, 2023. The decision to postpone displays shall be made by the Village representative. The contractor shall be responsible for cleanup of the safety zone to include: cleanup of shell fragments, bits of fusing, and any hazardous material; gathering any other trash and debris generated by the contractor’s personnel in appropriate trash containers. 5. Transportation and Storage of Fireworks The transportation of fireworks shall be in compliance with the regulations of the U.S. Department of Transportation, 41 CFR, Part 170-189 and Part 390-399 and all state and local motor vehicle laws applicable to the area through which fireworks are transported. All fireworks materials shall be packaged and shipped in compliance with all applicable laws and ordinances (Federal, State, and Local) for delivery and storage of fireworks and explosives. Packaging to be in sealed, weather protected, heavy duty containers to completely prevent deterioration or diminution of fire ability due to moisture and/or other contaminations. Vehicle operators will be responsible for the safety of the fireworks and all related equipment, remaining with the vehicle(s) at all times. Supplemental site security will only be provided by the Village of Oak Brook during the evening hours of the event and shall not relieve the contractor of this responsibility. The number of vehicles allowed on site will be kept to a minimum. 6. Notification of Fire Department The Fire Department will be notified of the Village’s intent to have the fireworks display and will request the appropriate fire apparatus be on site during the display and to relate the name and address of the contractor. Upon receipt of the contract, the contractor shall contact Interim Fire Chief Kevin Fleege, or his successor, of the Oak Brook Fire Department and arrange for review of the pyrotechnics set up plan and site inspection on the event day. It is the responsibility of the contractor to provide all required and relevant information. Should the contractor require assistance with contacting the Fire Department, the Senior Purchasing Assistant shall provide assistance in providing a liaison with the Village of Oak Brook Fire Department. 7. Qualification of Operators The person in charge of firing the display (chief pyro technician) and one assistant (assistant chief pyro technician) shall: • Be at least 21 years of age. • Have a minimum of 4 years pyrotechnic experience. • Have fired a minimum of 12 displays of the size and nature of the display proposed herein. • Possess a valid and current explosive permit issued by the State of Illinois. Page 6 The chief pyro technician must be licensed by the Office of the State Marshall. An out of state contractor must have a person licensed under the Pyrotechnic Operator Licensing Act (225 ILCS 227) as the lead pyrotechnic operator supervising the display. All other assistants shall be at least 18 years of age. No other persons are permitted within fenced-off firing area. 8. Village Furnished Items • Protection of the display are by roping-off or similar facility • Adequate police protection to prevent spectators from entering display area 9. Safety Contractor shall submit prior to event a list of assigned employees. The only persons permitted to be within the fenced-off firing area will be the authorized pyrotechnical staff and a Village Representative. No exceptions will be made. Contractor shall submit with his proposal a loss run prepared by his insurance company, or companies, for the period covering 5 years prior to the date of the proposal. This information shall be submitted from any and all insurance companies used by the contractor during this 5-year period. A loss run is defined as an itemization of all paid and reserved occurrences resulting from activities associated with a fireworks display as defined under a general liability policy for the term of the policy, which is the subject of the loss run. The loss run shall distinguish employee injuries from spectator injuries and shall identify pending and closed cases. Loss run shall be accompanied by sufficient evidence to indicate that the loss run is accurate and has been prepared by the insurance company. The Villages hall be the sole judge as to whether the information provided meets the specifications. Failure to submit complete and accurate loss run information may result in rejection of proposal. 10. Contract The successful contractor agrees that upon acceptance of its proposal by the Village of Oak Brook this Request for Proposal, along with all instructions, conditions, and specifications attached thereto, constitute a binding contract which may be enforced by the Village. 11. Contract Extension At the conclusion of the 2023 fireworks display, the Village of Oak Brook reserves the right to award an annual contract extension for each following years, not to exceed 4 years (2024, 2025, 2026, and 2027), to the current contractor under the same terms and conditions of the original contract, subject to the pricing submitted in Section 2 of this document, for the optional extension years. Determination will be made annually solely by the Village of Oak Brook with the concurrence of the contractor and will be determined no later than 12 weeks following the display. 1 C General Terms and Conditions 1. Preparation and Submission of Proposals: a) The proposal 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 Proposal and the Project Name: “Independence Day Fireworks Display”. b) Contractors may attach separate sheets to the proposal for the purpose of explanation, exception, alternate proposal and to cover unit prices, if needed. c) Contractors may withdraw their proposal either personally or by written request at any time before the hour set for the proposal opening, and may resubmit it. No proposal may be withdrawn or modified after the receipt of proposals except where the award of contract has been delayed for a period of more than ninety (90) days. d) In submitting this proposal, the contractor further declares that the only person or party interested in the proposal as principals are those named herein, and that the proposal is made without collusion with any other person, firm or corporation. e) The contractor further understands and agrees that if their proposal is accepted, the individual/company is to furnish and provide all necessary materials and/or equipment 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 Village (Village), in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. f) The contractor further agrees to execute all documents within this Proposal Package, obtain a Certificate of Insurance for this work and present all of these documents to the Village within fifteen (15) days after the receipt of the Notice of Award and the Contract by the company. g) The contractor further agrees to begin work not later than ten (10) days after receipt of the Notice to Proceed, unless otherwise provided, and to execute the work in such a manner and with sufficient materials, equipment and labor. h) By submitting a proposal, the contractor understands and agrees that, if the proposal is accepted, and the contractor fails to enter into a contract forthwith, the company shall be liable to the Village for any damages the Village may thereby suffer. 2. Conditions a) The Village is exempt from Federal excise tax and the Illinois Retailer's Occupation Tax. This proposal cannot include any amounts of money for these taxes. b) Any contract or agreement resulting from the acceptance of this proposal by the Village shall be on forms either supplied by or approved by the Village's Legal Department. The Village reserves the right to reject any agreement that does not conform to the Request For Proposal and any Village requirements for agreements and contracts. c) The Village reserves the right to request clarification of information submitted and request additional information as needed. 2 d) The requirements of this RFP shall be included in the contract with the selected firm. 3. Payment The Village 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 4. 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, employees 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 from 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. 5. Insurance Certificates of Insurance and Additional Insured Endorsement 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 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 and each permittee working under a permit as required pursuant to the provisions of Title 1, Chapter 8 of the Code of Ordinances of the Village (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, either by the contractor, permittee, or their agents, representatives, employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: 3 a) General Liability - $10,000,000 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 and volunteers; 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 - I. 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, employee’s volunteers or agents. II. The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. III. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. IV. 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, volunteers and agents 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. 4 Each insurance policy shall name the Village, its officers, officials and 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. 6. 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. 7. 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. 8. Execution of Documents The Contractor, in signing his Proposal on the whole or on any portion of the work, shall conform to the following requirements: Proposals signed by an individual other than the individual represented in the Proposal documents shall have attached thereto a power of attorney evidencing authority to sign the Proposal in the name of the person for whom it is signed. Proposals 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 Proposal a power of attorney evidencing authority to sign the proposal, executed by the partners. Proposals 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 such Proposal is manually signed by an official other than the President of the Corporation, a certified copy of a resolution of the board of directors evidencing the authority of such official to sign the Proposal shall be attached to it. Such Proposal 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. 5 9. Non-Discriminating The Vendor, 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. 10. Negotiations The Village reserves the right to negotiate specifications, terms, and conditions which may be necessary or appropriate to the accomplishment of the purpose of the RFP. The Village may require the entire proposal be made an integral part of the resulting contract. This implies that all responses, supplemental information, and other submissions provided by the contractor during discussions or negotiations will be held by the Village as contractually binding on the successful contractor. 11. Incurred Costs The Village will not be liable in any way for any costs incurred by respondents in replying to this RFP. Contractor agrees to comply with all laws, ordinances, and rules of the Village and the State of Illinois. 12. Contractor Responsibilities The selected Contractor will be required to assume responsibility for all services offered in this proposal. The Village will consider the selected Contractor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. 13. Prevailing Wage 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. If the Department of Labor revises the wage rates, the revised rate, as made available on the Department's official website, shall apply to this contract and the Contractor will not be allowed additional compensation because of said revisions. The Contractor shall be responsible to notify each subcontractor of the wage rates set forth in this contract and any revisions thereto. Contractor will comply with the Illinois prevailing wage law, as amended from time to time and made available on the Department of Labor’s official website. Not less than the prevailing rate of wages as found by 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 prevailing rate of wages to be paid laborers, workers or mechanics under the Contract, 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 Village of Oak Brook. Contractor shall indemnify, defend and hold Village of Oak Brook harmless from any loss, including but not limited to Village of Oak Brook's attorney’s fees, resulting from Contractor's failure to comply with this 6 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, last four digits of their social security number, gender, race, ethnicity, veteran status, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, the starting and ending times of work each day, the worker’s hourly rate, the worker’s hourly overtime wage rate, the worker’s hourly fringe benefit rates, the name and address of each fringe benefit fund, the plan sponsor of each fringe benefit, if applicable, and the plan administrator of each fringe benefit. The Contractor and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the Department of Labor, through the database created by Section 5.1 of 820 ILCS 130. 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 seven (7) business days' notice, the contractor and each subcontractor shall make available for inspection and copying at a location within this State during reasonable hours, 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. 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. 14. Default The contract may be canceled or annulled by the Village in whole or in part by written notice of default to the Contractor upon nonperformance or violation of contract terms. An award may be made to another contractor with services similar to those so terminated. Failure of the Contractor to deliver services within the time stipulated on his offer, unless extended in writing by the Village, shall constitute contract default. 15. Force Majeure A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Unless otherwise agreed in the contract between the parties expressly or impliedly, where a party to a contract fails to perform one or more of its contractual duties, the consequences set out in this clause will follow if and to the extent that the party proves: (a) that its failure to perform was caused by an impediment beyond its reasonable control; (b) that it could not reasonably have been expected to have taken the occurrence of the impediment into account at the time of the signing of the contract; and (c) that it could not reasonably have avoided or overcome the effects of the impediment. A party invoking this clause shall be presumed to have established the conditions described in the preceding paragraph in the case of the occurrence including, but not 7 limited to, one or more of the following impediments or other similar causes beyond the control of the contractor or the Village in the performance of the contract where non- performance, by exercise of reasonable diligence, cannot be prevented: • acts of God or natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; • acts of war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization; • civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; • acts of public enemies, acts of terrorism, sabotage or piracy; • plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions; • act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationalization; • explosion, fire, destruction of machines, equipment, factories and of any kind of installation, prolonged break-down of transport, telecommunication or electric current; • general labor disturbance such as but not limited to boycott, strike and lock-out, go- slow, occupation of factories and premises; • shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of the subject Party. The affected party shall provide the other party with written notice of any force majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the force majeure occurrence. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the force majeure condition continues beyond 30 days, the parties to the contract shall jointly decide on an appropriate course of action that will permit fulfillment of the parties’ objectives under the contract. Contractor shall not be entitled to an adjustment in contract price or other non-price related items caused by or within the control of contractor. Delay, disruption, and interference attributable to and within the control of a subcontractor or supplier shall be deemed to be within the control of contractor. 8 16. 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 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. 17. 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. Section 2. Proposal Instructions Four (4) copies of the proposal, and one (1) electronic USB flash drive copy in Word Format, shall be submitted in a sealed envelope to: Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 and clearly marked on the outside of the envelope “Independence Day Fireworks Display” on or before Thursday, November 10, 2022 at 3:00 p.m. prevailing time. Any proposal received after this date and time will be rejected and returned unopened. Lengthy, detailed proposals are not required. Proposals are intended to be an expression of interest in providing services for the project, as well as background information on the firm and on its professional qualifications. A. Documents/Information to be Submitted Proposal Form (Section C below), Detailed cost Spreadsheet and Narrative References (Section D below) Contractors Certification (Section E below) 9 Sexual Harassment Policy (Section F below) Statement of Qualifications • Provide background information on your firm including, but not limited to, the age of the business, the number of employees, and pertinent financial data that will permit the Village to determine the capability of the contractor to meet all contractual requirements. • List the abilities, qualifications, and experience of the persons who would be assigned to the engagement and their experience on similar contracts. Project Approach • Terms and Conditions List any terms and conditions which may apply to this contract and are not included in this RFP. • Additional Information and Comments Include any other information you believe to be pertinent but not specifically mentioned elsewhere. 10 B. Proposal In compliance with this Request for Proposals, and subject to all conditions thereof, the undersigned offers and agrees, if this proposal is accepted, to furnish the services as outlined herein for the Village of Oak Brook at the amount indicated, subject to modification through negotiations. The time and material, not to exceed, cost proposed shall include all anticipated expenses. Perform the 2023 Independence Day Fireworks Display July 3, 2023 $ Perform the 2024 Independence Day Fireworks Display (Optional Contract Extension for July 3, 2024) $ Perform the 2025 Independence Day Fireworks Display (Optional Contract Extension for July 3, 2025) $ Perform the 2026 Independence Day Fireworks Display (Optional Contract Extension for July 3, 2026) $ Perform the 2027 Independence Day Fireworks Display (Optional Contract Extension for July 3, 2027) $ The Village of Oak Brook reserves the right to award an annual contract extension for each following years, not to exceed 4 years (2024, 2025, 2026, and 2027), to the current contractor based on the prices listed above. All other terms and conditions of the contract will remain the same. Determination will be made annually solely by the Village of Oak Brook with the concurrence of the contractor and will be determined no later than 12 weeks following the display. Rain dates for fireworks display only will be on July 4 of each extension years listed above. Please provide a detailed list (size, amount, cost) of mortars and shells, etc. that will be used for the display. A narrative description of each proposed fireworks display and the general order in which the shells are to be fired shall be included. The description shall detail the intensity of shells shot timing and length. Each shell shall be described, including name, height of firing, color(s), size, sound effect, etc. The Independence Day Fireworks Display must be an aerial display only, which must include a riveting opening, unique body, and dramatic finale (no set pieces). No parachute shells of any type shall be allowed. 11 Firm Name: Address: City, State, ZIP: Signature: Name Printed: Title: Telephone: Date: If a Corporation: ATTEST: ____________________________ Secretary 12 C. References Your Company Name: (Please Print) The Contractor shall list five (5) current references with needs similar to the Village of Oak Brook for whom Contractor has provided comparable services. Please include company name, address, telephone number, year(s) employed by referenced firms, contact person, and type of work you performed for that entity. 1. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 2. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 3. Company Name/Municipality: 13 Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 4. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 5. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 14 E. Contractors 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 contractor for the construction, product, commodity, or service briefly described as follows: “Independence Day Fireworks Display” 1) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled Statutes, 1993, the contractor is not barred from bidding on this contract as a result of a conviction for the violation of State of Illinois laws prohibiting bid-rigging or bid-rotating. 2) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-42.1-1 of the Illinois Compiled Statutes, 1993, the contractor is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. 3) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the Illinois Compiled Statutes, 1993, the contractor has a written sexual harassment policy in place including the following information: a) An acknowledgment of the illegality of sexual harassment. b) The definition of sexual harassment under State law. c) A description of sexual harassment, utilizing examples. d) The Consultant’s internal complaint process including penalties. e) The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. f) Directions on how to contact the Department or the Commission. This business firm is: (check one) _____ Corporation _____ Partnership _____ Individual Firm Name: __________________________________________________ Address: ___________________________________________________ City, State, ZIP:____________________________________________ Signature:___________________________________________________ Name Printed:________________________________________________ Title:_______________________________________________________ Telephone:__________________________Date:____________________ 15 ATTEST: ___________________________ -SEAL- SUBSCRIBED AND SWORN TO before me this ______ day of _____________, 20__. _____________________________ Notary Public 16 D. Sexual Harassment Policy hereinafter referred to as “Contractor” having submitted a bid/proposal for the 2023 Independence Day Fireworks Display, 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 policy to the Illinois Department of Human Rights upon request. By: Authorized Agent of Contractor Subscribed and sworn to before me this _____ day of ____________, 20___. ___________________________________ Notary Public 17 E. Prevailing Wage Affidavit I, ___________________________(name of signatory), on oath hereby state and certify that _____________________________ (name of Contractor), pursuant to a Contract dated ___________, 2021, with the Village of Oak Brook for the 2023 Independence Day Fireworks Display, 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. _____________________________ (name of Contractor) has also complied and will comply with all record keeping requirements established in the Prevailing Wage Act (820 ILCS 130/0.01, et seq. CONTRACTOR: By: _____________________________________ Title: ___________________________________ SUBSCRIBED AND SWORN TO BEFORE ME THIS _____ DAY OF _______________, 2022 ________________________________________ NOTARY PUBLIC 18 F. Certification of Payroll Records I, ___________________ (name of person executing this certificate), do hereby certify that I am the duly qualified and acting __________________ (title) for ____________________ , (name 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 _____________ (name of Contractor) on the 2023 Independence Day Fireworks Display (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 _______________ (name 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 Subcontractor hired by us shall make available for inspection the records required in the Act to the District, its officers and agents, and to the Director of Labor, his deputies and agents, at reasonable hours at a location within the State of Illinois. Date: ____________________, 2022 ____________________________________ (Name of Contractor) ____________________________________ (Signature) ____________________________________ (Printed Name) ____________________________________ (Title) SUBSCRIBED AND SWORN TO BEFORE ME THIS _____ DAY OF _______________, 2022 ________________________________________ NOTARY PUBLIC 19 Section 3. Review Process A. Evaluation of Proposals and Selection The proposals received will be evaluated by the Village on the basis of professional qualifications, previous experience on similar projects, key personnel assigned to the project, satisfaction of previous clients on work performed for them, current billing rates of the firm, and the proposal that best meets the needs of the Village. This proposal is not intended to be detailed; it is intended to be an expression of interest in providing services for the project, as well as to provide background information on the firm and its professional qualifications. Firms will be contacted during the evaluation if further information is needed. The Village may choose to interview one or more firms before final selection is made. This Request for Proposal does not commit the Village to award a contract, to pay any costs incurred in the preparation of a proposal based on this request, or to procure or contract for services. All proposals submitted in response to this Request for Proposal become the property of the Village. The Village reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with qualified consultants, or to cancel in part or in its entirety the Request for Proposal, if it is in the best interest of the Village to do so. The Village may require the consultant selected to participate in negotiations concerning contract price or the nature and extent of services to be provided. The results of such negotiations shall be incorporated into the final contract between the Village and its consultant. B. Basis of Award Village staff will perform an evaluation of the proposals received. Appropriate finalist(s) may be interviewed by the Village, after which a selection will be made. The Village reserves the right to reject any or all proposals and to waive any informality or technical error and to accept any proposal deemed most favorable to the interests of the Village. The Village will review proposals based on the following criteria: 1) Compliance with RFP. Adherence to all conditions and requirements of the RFP. 2) Understanding of the Project. The contractor’s understanding of the engagement, the Village’s objectives, and the nature and scope of the work involved. 3) Services to be Provided. The exact type and nature of the contractor’s proposed services and how they accomplish the objectives of the project. 4) Qualifications of the Contractor. The contractor’s capability in all respects to perform fully all contract requirements, and the integrity and reliability which will assure good faith performance. This criterion includes: • The experience of the firm and its record on projects of a similar nature. • Personnel to be assigned to the project, their education, qualifications, and experience on similar projects. • The availability of necessary personnel and other resources to successfully complete the project specified herein on a timely basis. 20 5) Costs. Proposed contract price. 6) Ability, capacity and skill to fulfill the contract as specified. 7) Ability to supply the commodities; provide the services or complete the construction promptly, or within the time specified, without delay or interference. 8) Character, integrity, reputation, judgment, experience and efficiency. 9) Quality of performance on previous contracts. 10) Previous and existing compliance with laws and ordinances relating to the contract. 11) Sufficiency of financial resources. 12) Quality, availability and adaptability of the commodities, services or construction, in relation to the Village’s requirements. 13) Ability to provide future maintenance and service under the contract. 14) Number and scope of conditions attached to the proposal. 15) Record of payments for taxes, licenses or other monies due the Village.