Loading...
HomeMy WebLinkAbout2023 Tree Maintenance Servicesi:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc VILLAGE OF OAK BROOK Purchasing Division 1200 Oak Brook Road Oak Brook, IL 60523 (630) 368-5164 REQUEST FOR PROPOSAL TREE MAINTENANCE SERVICES JUNE 2023 i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc TABLE OF CONTENTS SECTION 1. REQUEST FOR PROPOSALS ............................................................................................... 1 A. NOTICE – POSTED ON VILLAGE WEBSITE THURSDAY, JUNE 15, 2023: ................................................... 1 B. PROJECT DESCRIPTION ............................................................................................................... 2 C. GENERAL TERMS AND CONDITIONS ..................................................................................................... 9 SECTION 2. PROPOSAL INSTRUCTIONS ............................................................................................... 20 A. GENERAL INFORMATION .................................................................................................................... 20 B. DOCUMENTS/INFORMATION TO BE SUBMITTED: .................................................................................. 20 C. PROPOSAL: ...................................................................................................................................... 21 D. REFERENCES ................................................................................................................................... 27 E. PROPOSERS CERTIFICATION ............................................................................................................. 30 F. SEXUAL HARASSMENT POLICY .......................................................................................................... 32 SECTION 3. REVIEW PROCESS ............................................................................................................. 33 A. EVALUATION OF PROPOSALS AND SELECTION .................................................................................... 33 B. BASIS OF AWARD ............................................................................................................................. 33 i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 1 Section 1. Request for Proposals A. Notice – posted on Village website Thursday, June 15, 2023: Village of Oak Brook Request for Proposals Tree Maintenance Services June 2023 The Village of Oak Brook is soliciting proposals for routine right-of-way tree pruning services, and authorized additional work. Emergency pruning and/or removal may also be included. Proposals should be addressed to: Rania Serences Purchasing & Budgeting Coordinator Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 The closing date and time for receipt of proposals is Thursday, June 29, 2023, 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 reserves the right to reject any or all proposals, waive or not to waive any irregularities therein, and to accept the proposal considered to be in the best interest of the Village. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 2 B. PROJECT DESCRIPTION I. INTRODUCTION The Village of Oak Brook (Village) is interested in obtaining proposals for Routine Right-of-Way Tree Pruning Service and authorized additional work based on time and material, as described below. The Term of this Contract will be for the four calendar years (2023-2026). The first-year rates shall be in effect for the 2023 calendar. The 2nd, 3rd and 4th years will extend for annual periods thereafter. Performance of the successful proposer will be verified by Village employees. There will be a mandatory site inspection and random inspections as requested by the Village. II. PROPOSED SPECIFICATIONS A. GENERAL INSTRUCTIONS 1. QUALIFICATIONS OF PROPOSERS: To demonstrate qualifications to perform the Work, each Proposer 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 Proposer 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 Request for Proposals shall be for the pruning of trees located on public right-of-ways within the Village of Oak Brook. 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: Services requested consist 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. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 3 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 arboricultural work and whose employees are highly trained and skilled in all phases of tree service work. 4. PRE-WORK MEETING: Upon execution of the contract with the successful Proposer, the Village will schedule a meeting with the Contractor. In attendance shall be the Contractor’s representative on the job. 5. PERFORMANCEOF WORK: Timely performance of all work is of the essence. The right-of-way tree pruning work to be performed shall be begin as soon as requested by the Village and completed by December 31st of each year 2023 – 2026. This will be discussed during the meeting that will be scheduled with the successful proposer. 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 during performance of the services 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 request for proposals and subsequent contract. 8. LIQUIDATED DAMAGES: It is essential to complete all right-of-way tree pruning within the time limits specified by the Village. 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. It is also understood and agreed that if the Village determines the Contractor failed to perform either by observing the established schedule or failing to perform to the level of service established herein for more than two (2) consecutive working days, the Village shall reserve the right to impose liquidated damages for said failure to perform, but not as penalty. The Village will serve notice either personally or in writing stating the reasons for imposing liquidated damages on the Contractor providing twenty-four (24) hour notice to correct such items. If at the end of the twenty- four (24) hour period the Contractor has not made the necessary corrections, the Contractor shall pay liquidated damages to the Village. in the amount of $250.00 per day. This failure to perform shall include repeated incidents of any of the following: failure to perform any of the items under the scope of services, failure to respond to or resolve Village complaints, failure to adhere to any and all terms and conditions specified in the contract. The Village reserves the right to attempt to work through these items prior to imposing liquidated damages. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 4 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 the contract. 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. 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 Request for Proposals, successful proposal, and subsequent contract. 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 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. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 5 15. PRUNING SCHEDULE: 2023 Pruning shall be completed by December 31, 2023. 2024 Pruning shall be completed by December 31, 2024. 2025 Pruning shall be completed by December 31, 2025. 2026 Pruning shall be completed by December 31, 2026. 16. NOTIFICATION OF UTILITY COMPANIES: All pruning will be made on Village rights-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. 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 always provide a qualified “Certified Arborist” for supervision of EACH three-man crew while working under the 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 inworking 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 i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 6 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 the Contract. The Contractor's supervisors shall always make themselves available at any place within the Village limits during the regular workday 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. 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. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 7 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. 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 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 perform the pruning work safely and efficiently 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. 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 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 i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 8 the Contractor such costs as may be reasonable and related to damage caused by the Contractor, and deduct said costs from any payment due the Contractor or failure may be cause for termination of the Contract. 24. WEATHER: For the purpose of the 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 the contract, it may become necessary for the Contractor to provide additional tree services. The Contractor shall provide 24-hour emergency telephone 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 (item B-18); Contractor’s personnel apply to this work. C. RECORDS: The Village 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’s name, classification, hours worked, and the description and hours worked of each piece of equipment used in performing the work. D. MEASUREMENT AND PAYMENT: The payment for services rendered shall be made for only those hours worked in giving assistance. No allowances will be given for travel time to and from the work site. The HOURLY LABOR RATES as proposed for each labor classification in the Proposal shall include all labor costs, fringe benefits, insurance, pension, overhead, i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 9 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. III. SPECIAL CONDITIONS 1. Proposer shall coordinate all activities with the Director of Public Works or his designee. 2. Routine Tree Pruning must be completed by December 31st of each year (2023 – 2026). 3. Upon presentation of an acceptable invoice for work rendered in the prior month, the Village will pay the Proposer within the first thirty (30) working days after receipt of said invoice for all work completed. 4. Cancellation of Contract - The Village reserves the right to cancel all or part of this contract upon thirty (30) days written notice to the Proposer. 5. All vehicles being used by the Proposer during the term of this contract must prominently display the name of Company. 6. Proposer shall not assign any right or interest under this Contract, nor orders issued pursuant to the contract, nor delegate or subcontract any work or services without the written approval of the Village. 7. Village reserves the right to add, delete or modify areas. Cost for added and/or deleted areas to be negotiated between Village and Proposer. 8. Mandatory site inspections with a company management representative are required after week 4 of the contract and anytime as requested by the Village. 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 Proposal Name - “Tree Maintenance Services”. B. Proposers may attach separate sheets to the proposal for the purpose of explanation, exception, alternate proposal and to cover unit prices, if needed. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 10 C. Proposers 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 proposal opening except where the award of contract has been delayed for a period of more than ninety (90) days. D. In submitting this proposal, the proposer 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 proposer further declares that he has carefully examined this entire Proposal Package, and he has familiarized himself with all the local conditions affecting the contract and the detailed requirements of this work and understands that in making the proposal he waives all rights to plead a misunderstanding regarding same. F. The proposer further understands and agrees that if his proposal 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 request for proposals and contract, except such materials as are to be furnished by the Village, in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. G. The proposer 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. H. The proposer 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 proposal or contract as a specific item covered by a lump sum price, and which are not included under the proposal price for other items in the Contract, shall be performed as extra work. I. The proposer further agrees to execute all documents within this Proposal Package, for this work and present all these documents to the Village. J. The proposer further agrees to execute all documents within this Proposal Package, obtain a Certificate of Insurance for this work and present all these documents within fifteen (15) days after the receipt of the Notice of Award and the Contract by him. K. The proposer further agrees to begin work not later than ten (10) days after receipt of the Notice to Proceed from the Village, unless otherwise provided, 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 proposal package, it being understood and agreed that the completion within the time limit is an essential part of the contract and time is of the essence. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 11 L. By submitting a proposal, the proposer understands and agrees that, if his proposal 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, including any indirect and consequential damages. M. No proposal will be considered unless the party offering it shall furnish evidence satisfactory to the Village that he has necessary facilities, ability, and pecuniary resources to fulfill the conditions of the Contract. 2. 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. Proposers are invited to submit proposals 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 proposer’s option, or he may submit his bid on all such items. B. Proposals shall be based on services included in the specifications. Substitutions for evaluating proposals will be considered only if proposed substitutions are set forth in the sealed proposal and will only be accepted prior to the award of the contract. The offer of substitutions shall be an integral part of the proposal, appearing immediately after all requested bids and before the signature of the bidder. C. Substitutions of services other than those specified will not be considered in the base proposal price. However, other substitutions may be listed in the Proposal Form, with the indication of the change in the base proposal 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 proposal: 1. Each proposed substitution shall be itemized showing manufacturer name, catalog number, quantity, unit cost and total cost. The proposal shall prepare and submit forms to list his substitutions in the manner outlined. 2. Each proposal offering substitutions shall be accompanied by descriptive literature, catalog data, complete technical specifications, and reports of all pertinent tests concerning the proposed substitutions. 3. 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. The total amount proposal includes all applicable federal, state, and local taxes of every kind and nature applicable to the work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits and all costs, royalties and fees i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 12 arising from the use on, or the incorporation into, the work, of patented or copyrighted equipment, materials, supplies, tools, appliances, devices, processes, or inventions. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived and released by Proposer. B. To be valid, the proposals shall be itemized so that selection for services may be made. C. The Village shall reserve the right to add or to deduct from the base proposal and/or alternate proposal any item at the prices indicated in itemization of the proposal. D. All proposals shall be good for ninety (90) days from the date of the proposal opening. 4. WARRANTY: Proposer warrants that all work, equipment, labor, and materials furnished hereunder will conform in all respects to the terms of the Proposal Package, including all specifications and standards, and will be free of defects in materials and workmanship. The Proposer also warrants that the work shall be performed in accordance with the highest standards of professional practice, care, and diligence practiced by recognized firms in performing services of a similar nature in existence at the time of performance. The warranties expressed shall be in addition to any other warranties expressed in this Proposal Package, or expressed or implied by law, which are hereby reserved unto the Village. 5. PERFORMANCE CLAUSE: In the event the quality of service becomes unacceptable, the Village reserves the right to cancel the contract after giving thirty (30) day written notice. 6. INDEMNIFICATION: The Proposer shall protect, indemnify, save, 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 Proposer's officers, employees, subcontractor, and/or agents, provided that the Proposer 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 Proposer shall hold the Village harmless for any and all claims for labor, material, apparatus, equipment, fixtures, or machinery furnished to the Proposer i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 13 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. 7. INSURANCE: Certificates of Insurance shall be presented to the Village within fifteen (15) days after the receipt by the Proposer 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 proposal guarantee be returned until acceptable insurance certificates are received and approved by the Village Attorney. The Village of Oak Brook and the County of DuPage must be listed as certificate holders and as additional insured. An additional insured endorsement must accompany the certificate of insurance. Each Proposer 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 Proposer 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 Proposer, permittee, or their agents, representatives, employees, or subcontractor. A Proposer 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 $25,000, the required limit shall be $1,000,000; 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:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 14 (1) The Village, its officers, officials, employees and volunteers AND DuPage County are to be covered as additional insureds as respects to: 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 or agents and DuPage County. (2) The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents AND DuPage County. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents AND DuPage County 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, volunteers or agents AND DuPage County. (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, volunteers and agents AND DuPage County 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, or not renewed 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 AND DuPage County. 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 AND DuPage County 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 DuPage County and shall be subject to approval by the Village Attorney before work commences. The Village AND DuPage County 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 subcontractor shall be subject to all of the requirements stated herein. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 15 8. SAFETY: The Proposer and any subcontractor shall comply with all the provisions of the Federal Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended. 9. NON-DISCRIMINATING: The proposer, its employees and subcontractor, 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. EQUAL OPPORTUNITY: The Proposer 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. 11. PREVAILING RATE OF WAGES: The Village does not believe that the requirements of the Prevailing Wage Act (820 ILCS 130), as amended, apply to the Routine Tree Maintenance Services of the subsequent Contract. However, the Contractor is responsible for making its own assessment of the Prevailing Wage Act’s requirements and if it applies to the Contract. 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 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. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 16 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. 12. COPIES OF DOCUMENTS The number of copies of Contract and Bond required to be executed is as follows: Two (2) original counterparts of the Contract documents will be required to be executed. 13. EXECUTION OF DOCUMENTS The proposer, 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. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 17 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 should 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. 14. INDEPENDENT CONTRACTOR: There is no employee/employer relationship between the Proposer 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. 15. ASSIGNMENT Neither the Village nor the Proposer 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. 16. GOVERNING LAW This Agreement shall be governed by, construed, and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. 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. 17. CONTRACT TERM The Term of this Contract will be for the four (4) calendar years (2023-2026). The first-year rates shall be in effect for the 2023 calendar. The 2nd, 3rd and 4th years will extend for annual periods thereafter. 18. COMPLIANCE WITH LAWS Proposer, in performing the work and fulfilling its obligations under the contract must comply with all applicable provisions of the federal, State, and local laws, regulations, rules, and orders. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 18 19. NON-WAIVER OF RIGHTS No failure of the Village to exercise any power given to it hereunder or to insist upon strict compliance by the proposer with its obligations hereunder, and no custom or practice of the Village at variance with the terms hereof, and no payment made constitutes a waiver of the Village’s right to demand exact compliance with the terms hereof. 20. LIENS, CLAIMS, ENCUMBRANCES Proposer warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind. If at any time any notice of any lien is filed for or by reason of any equipment, materials, supplies, or other item furnished, labor performed, or other thing done in connection with the equipment or this Contract, then Proposer shall, promptly and without charge, discharge, remove, or otherwise dispose of such lien, or, if permitted by the Village, furnish a bond or other collateral satisfactory to the Village to indemnify the Village against such lien. Until such discharge, removal, or disposition, or furnishing of any permitted bond or other collateral, the Village shall have the right to retain from any money payable under this Contract an amount that the Village, in its sole judgment, deems necessary to satisfy such lien and to pay the costs and expenses, including attorneys’ fees and administrative expenses, of any actions brought in connection therewith or by reason thereof. 21. 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 proposer during discussions or negotiations will be held by the Village as contractually binding on the successful proposer. 22. PROPOSERS RESPONSIBILITIES The selected Proposer will be required to assume responsibility for all services offered in this proposal. The Village will consider the selected Proposer to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. 23. 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 agreement between the parties expressly or impliedly, where a party to a agreement 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) i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 19 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 limited to, one or more of the following impediments or other similar causes beyond the control of the proposer or the Village in the performance of the agreement 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 i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 20 30 days, the parties to the agreement shall jointly decide on an appropriate course of action that will permit fulfillment of the parties’ objectives under the contract. Proposer shall not be entitled to an adjustment in agreement price or other non-price related items caused by or within the control of proposer. Delay, disruption, and interference attributable to and within the control of a subcontractor or supplier shall be deemed to be within the control of proposer. Section 2. Proposal Instructions A. General Information Three (3) copies of the proposal shall be submitted in a sealed envelope to: Rania Serences Purchasing and Budgeting Coordinator Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 and clearly marked on the outside of the envelope “Tree Maintenance Services” on or before 3:00 p.m., Thursday, June 29, 2023. Any proposal received after this date and time will be refused. B. Documents/Information to be Submitted: Proposal Form References 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 proposer 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. 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. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 21 C. Proposal: 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 2023 2024 2025 2026 Season Winter Winter Winter Winter Approximate Number of Trees 750 750 750 750 Unit Price $_________ $__________ $__________ $__________ Extended Cost $_________ $__________ $__________ $__________ Calendar Days To complete __________ ___________ ___________ $__________ Quantity may vary by + or –20% The Village is requesting pricing for the completion of Village Parkway and Facility Properties Trees. At a minimum, include the following when conducting the inventory: species, size, condition, site address, and site planting location including longitude and latitude. Both electronic and hard copies are required. Tree Inventory $ (to be completed by December 31, 2023) i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 22 Time and Material Rates (2023) TIME & MATERIAL BASIS FOR AUTHORIZED ADDITIONAL WORK LABOR: Straight Time Over-Time ARBORIST $_________. ___/hour $_________. ___/hour FOREMAN $_________. ___/hour $_________. ___/hour SKILLED LABOR $_________. ___/hour $_________. ___/hour COMMON LABOR $_________. ___/hour $_________. ___/hour TOTAL PER LABOR HOUR $_________. ___/hour $_________. ___/hour EQUIPMENT: AERIAL TOWER 55ft. $__________. ___/hour Material Cost-% discount CLAM TRUCK $__________. ___/hour from list price LOG TRUCK $__________. ___/hour CHIPPER $__________. ___/hour ____________% discount CHIPPER TRUCK $__________. ___/hour CRANE TRUCK $__________. ___/hour UTILITY TRUCK $__________. ___/hour STUMPER $__________. ___/hour SEMI TRUCK $__________. ___/hour PICKUP TRUCK $__________. ___/hour TREE SPADE $__________. ___/hour DUMP DISPOSAL $__________. ___/yd. Tree-Age TREATMENT $__________. ___/caliper inch (DBH) Parkway Tree Planting $__________. ___/tree (tree supplied by the Village) List any additional or equipment substitutes and their hourly rate: Equipment Type: Hourly Rate: ____________________________________ _____________________ ____________________________________ _____________________ ____________________________________ _____________________ ____________________________________ _____________________ ALL HAND AND HANDHELD POWER TOOLS AND EQUIPMENT SHALL BE INCIDENTAL TO THE ABOVE COSTS. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 23 Time and Material Rates (2024) TIME & MATERIAL BASIS FOR AUTHORIZED ADDITIONAL WORK LABOR: Straight Time Over-Time ARBORIST $_________. ___/hour $_________. ___/hour FOREMAN $_________. ___/hour $_________. ___/hour SKILLED LABOR $_________. ___/hour $_________. ___/hour COMMON LABOR $_________. ___/hour $_________. ___/hour TOTAL PER LABOR HOUR $_________. ___/hour $_________. ___/hour EQUIPMENT: AERIAL TOWER 55ft. $__________. ___/hour Material Cost-% discount CLAM TRUCK $__________. ___/hour from list price LOG TRUCK $__________. ___/hour CHIPPER $__________. ___/hour ____________% discount CHIPPER TRUCK $__________. ___/hour CRANE TRUCK $__________. ___/hour UTILITY TRUCK $__________. ___/hour STUMPER $__________. ___/hour SEMI TRUCK $__________. ___/hour PICKUP TRUCK $__________. ___/hour TREE SPADE $__________. ___/hour DUMP DISPOSAL $__________. ___/yd. Tree-Age TREATMENT $__________. ___/caliper inch (DBH) Parkway Tree Planting $__________. ___/tree (tree supplied by the Village) List any additional or equipment substitutes and their hourly rate: Equipment Type: Hourly Rate: ____________________________________ _____________________ ____________________________________ _____________________ ____________________________________ _____________________ ____________________________________ _____________________ ALL HAND AND HANDHELD POWER TOOLS AND EQUIPMENT SHALL BE INCIDENTAL TO THE ABOVE COSTS. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 24 Time and Material Rates (2025) TIME & MATERIAL BASIS FOR AUTHORIZED ADDITIONAL WORK LABOR: Straight Time Over-Time ARBORIST $_________. ___/hour $_________. ___/hour FOREMAN $_________. ___/hour $_________. ___/hour SKILLED LABOR $_________. ___/hour $_________. ___/hour COMMON LABOR $_________. ___/hour $_________. ___/hour TOTAL PER LABOR HOUR $_________. ___/hour $_________. ___/hour EQUIPMENT: AERIAL TOWER 55ft. $__________. ___/hour Material Cost-% discount CLAM TRUCK $__________. ___/hour from list price LOG TRUCK $__________. ___/hour CHIPPER $__________. ___/hour ____________% discount CHIPPER TRUCK $__________. ___/hour CRANE TRUCK $__________. ___/hour UTILITY TRUCK $__________. ___/hour STUMPER $__________. ___/hour SEMI TRUCK $__________. ___/hour PICKUP TRUCK $__________. ___/hour TREE SPADE $__________. ___/hour DUMP DISPOSAL $__________. ___/yd. Tree-Age TREATMENT $__________. ___/caliper inch (DBH) Parkway Tree Planting $__________. ___/tree (tree supplied by the Village) List any additional or equipment substitutes and their hourly rate: Equipment Type: Hourly Rate: ____________________________________ _____________________ ____________________________________ _____________________ ____________________________________ _____________________ ____________________________________ _____________________ ALL HAND AND HANDHELD POWER TOOLS AND EQUIPMENT SHALL BE INCIDENTAL TO THE ABOVE COSTS. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 25 Time and Material Rates (2026) TIME & MATERIAL BASIS FOR AUTHORIZED ADDITIONAL WORK LABOR: Straight Time Over-Time ARBORIST $_________. ___/hour $_________. ___/hour FOREMAN $_________. ___/hour $_________. ___/hour SKILLED LABOR $_________. ___/hour $_________. ___/hour COMMON LABOR $_________. ___/hour $_________. ___/hour TOTAL PER LABOR HOUR $_________. ___/hour $_________. ___/hour EQUIPMENT: AERIAL TOWER 55ft. $__________. ___/hour Material Cost-% discount CLAM TRUCK $__________. ___/hour from list price LOG TRUCK $__________. ___/hour CHIPPER $__________. ___/hour ____________% discount CHIPPER TRUCK $__________. ___/hour CRANE TRUCK $__________. ___/hour UTILITY TRUCK $__________. ___/hour STUMPER $__________. ___/hour SEMI TRUCK $__________. ___/hour PICKUP TRUCK $__________. ___/hour TREE SPADE $__________. ___/hour DUMP DISPOSAL $__________. ___/yd. Tree-Age TREATMENT $__________. ___/caliper inch (DBH) Parkway Tree Planting $__________. ___/tree (tree supplied by the Village) List any additional or equipment substitutes and their hourly rate: Equipment Type: Hourly Rate: ____________________________________ _____________________ ____________________________________ _____________________ ____________________________________ _____________________ ____________________________________ _____________________ ALL HAND AND HANDHELD POWER TOOLS AND EQUIPMENT SHALL BE INCIDENTAL TO THE ABOVE COSTS. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 26 2. COSTS: The undersigned contractor hereby affirms and states the prices proposed herein constitute the total cost to the Village for all services 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 proposals shall be held valid for a period of ninety (90) days after the bid due date. 3. PRE-PROPOSAL MEETING: None. 4. INSTRUCTIONS TO PROPOSERS: The undersigned contractor shall comply with the Proposal Instructions hereto and which are incorporated herein by reference. 5. TIME OF COMPLETION: The undersigned affirms and declares that if awarded the contract for these services, he will completely perform said contract in strict accordance with its terms and conditions including the Pruning Schedule. 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. Firm Name: Address: City, State, ZIP: Signature: Name Printed: Title: Telephone: Date: _______________________ If a Corporation: ATTEST: ____________________________ Secretary i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 27 D. References Your Company Name: (Please Print) The Proposer shall list five (5) current references with needs similar to the Village of Oak Brook for whom Proposer 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: i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 28 3. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 4. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 29 5. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 30 E. Proposers 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 proposer for the construction, product, commodity, or service briefly described as follows: “Tree Maintenance Services” 1) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled Statutes, 1993, the proposer is not barred from bidding on this agreement 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 proposer 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 proposer 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: ____________________ i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 31 ATTEST: ___________________________ -SEAL- SUBSCRIBED AND SWORN TO before me this ______ day of _____________, 2023. _____________________________ Notary Public i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 32 F. Sexual Harassment Policy hereinafter referred to as “Proposer” having submitted a bid/proposal for Tree Maintenance Services to the Village of Oak Brook, DuPage/Cook Counties, Illinois, hereby certifies that said Proposer 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 proposer’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 proposer must provide a copy of such written policy to the Illinois Department of Human Rights upon request. By: Authorized Agent of Proposer Subscribed and sworn to before me this _____ day of , 2023 ___________________________________ Notary Public i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 33 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. 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 proposer 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 the proposer. 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 proposers 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 proposers proposed services and how they accomplish the objectives of the project. 4. Qualifications of the Proposer. The proposer’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. • The availability of necessary personnel and other resources to successfully complete the project specified herein on a timely basis. 5. Costs. Proposed contract price. 6. Ability, capacity, and skill to fulfill the contract as specified. i:\finance\shared\bids & rfps\2023\2023 tree maintenance services.doc Page 34 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.