Bid No: 1705 - Holiday Lighting and Decorating

1 BID PACKAGE INCLUDING CONTRACT DOCUMENTS AND SPECIFICATIONS FOR VILLAGE OF HINSDALE BID NO: 1705 Holiday Lighting and Decorating Prepared by The Village of Hinsdale – Public Services May 2023 2 TABLE OF CONTENTS EXHIBIT A – INVITATION FOR BIDS AND INSTRUCTIONS FOR BIDDERS _________________ 4 EXHIBIT B – GENERAL SPECIFICATIONS __________________________________________ 17 EXHIBIT C – SPECIAL PROVISIONS ______________________________________________ 19 EXHIBIT D – BIDDERS PROPOSAL _______________________________________________ 21 EXHIBIT E – COMPLIANCE WITH PREVAILING WAGE RATES _________________________ 26 EXHIBIT F – DRUG FREE WORKPLACE ACT _______________________________________ 27 EXHIBIT G – COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT _____________ 29 EXHIBIT H - EQUAL EMPLOYMENT OPPORTUNITY CLAUSE __________________________ 30 EXHIBIT I – REFERENCES ______________________________________________________ 32 EXHIBIT J – ATTACHMENTS

___________________________________________________ 33 CONTRACT FOR HOLIDAY LIGHTING AND DECORATING ____________________________ 39 Tentative Timeline of Key Dates Due Date Ad Published in Daily Herald 5/21/23 Bid Package Published 5/22/23 Optional Pre-Bid Meeting in Burlington Park 5/30/23 at 1:00 PM Bid Opening 6/07/23 at 10:00 AM Tentative Village Board First Reading Contract Approval* 7/11/23 Tentative Village Board Second Reading Contract Approval (If Necessary)* 8/15/23 Lights and Decorations Installed 11/10/23 Memorial Hall, Burlington Park and Train Station Lights and Decorations Removed 1/31/24 Downtown Street Trees Lights Removed 2/28/24 *Dates are tentative and subject to change. 3 VILLAGE OF HINSDALE, ILLINOIS INVITATION FOR BIDS FOR HOLIDAY LIGHTING AND DECORATING – BID #1705 NOTICE TO CONTRACTORS The Village of Hinsdale is soliciting sealed bids for Holiday Lighting and Decorating. NOTICE IS HEREBY GIVEN by the Village of Hinsdale, DuPage and Cook Counties and State of Illinois that proposals will be received for Bid No. 1705, Holiday Lighting and Decorating. Sealed bids for Bid No. 1705, Holiday Lighting and Decorating, will be accepted at the Village of Hinsdale Village Hall, 19 East Chicago Avenue, Hinsdale, Illinois 60521, until 10:00 a.m., Wednesday, June 7, 2023, at which time bids will be publicly opened. The scope of work consists of installing holiday lights and decorations to the Village’s official holiday tree at Memorial Hall, Burlington Park trees and bushes, Burlington Park fountain, Brush Hill train station and the central business district downtown street trees. Specification, instructions and proposal forms are available and may be obtained from Public Services, 225 Symonds Drive, Hinsdale, Illinois, during regular business hours (7:00 a.m. – 3:00 p.m.). Village representatives will be available to answer questions during a pre-bid meeting that will be held on Tuesday, May 30, 2023, at 1:00 p.m. at Burlington Park, 30 E. Chicago Ave., Hinsdale, Illinois. The pre-bid meeting is not mandatory, but encouraged. All proposals must be submitted on the forms provided by the Village and must be accompanied by a bank cashier’s check, bid bond, or certified check in the amount of 5% of the bid. The Village reserves the right to reject any and all bids, parts of the bid, or to waiver any irregularities or any informalities when such waiver would not be detrimental to the best interest of the Village and would not prejudice the bidding process. Questions should be directed to: Garrett Hummel, Management Analyst Office: 630-789-7042 To be published in The Daily Herald, Sunday, May 21, 2023. 4 Exhibit A INSTRUCTIONS FOR BIDDERS 1. Bid Security Each proposal shall be accompanied by a bid bond or bid deposit in the form of a certified check or cashier's check payable to the Village of Hinsdale for 5% of the contract price as a guarantee that the successful bidder will within fifteen (15) days after award of contract execute an agreement and file bonds and insurance as required by contract documents. The Village of Hinsdale will hold the bid security of the two lowest bidders until after the award of the contract and until the Village has received from the lowest bidder satisfactory bonds and certificates of insurance, within the specified time. All other bid security checks with the exception of the above shall be returned prior to the award of the contract. 2. Bid Forms Bidders shall complete all information requested on the enclosed bid forms. The Village reserves the right to reject bids which are in variance with the bid forms or are not fully completed. 3. Award of Contract and Duration of Bid Bids will be opened on the date and time stated in the Invitation for Bids and the contract will be awarded as soon as practical after the bid opening. The bids shall remain open for a period of sixty (60) days after the bid opening date. 4. Term The term of this Agreement shall be one (1) year. All work associated with this project shall be completed by Friday, November 10, 2023, unless otherwise approved by the Village. Lights are to stay on downtown trees until February 28, 2023. Other remaining lights and décor is to be removed by January 31, 2023. 4. Contract Extension Option Upon completion of the one (1) year contract, subject to acceptable performance by the successful bidder, the Village may renew this contract under the same terms and conditions as the original contract, for up to two (2) additional years. The pricing for the additional years is included in the bid proposal and shall be held constant for the term of this agreement. The Village shall notify the contractor in writing of its intentions to exercise this option. For any year beyond the initial year, this contract is contingent upon the appropriation of sufficient funds by the Village; no charges shall be assessed for failure of the Village to 5 appropriate funds in future contract years. 5. Additional Requirements The Contractor shall be required to comply with the Prevailing Wage Rates (if applicable), Drug Free Workplace Act, and the Americans with Disabilities Act as they are applicable to this contract. A signed compliance statement for each must be included with the proposal (See Exhibits E, F, and G). In addition, the Contractor must comply with the Equal Employment Opportunity Clause as required by the Illinois Fair Employment Practices Commission (See Exhibit H). A signed compliance statement must be included with the proposal. (See Exhibit H). 6. CONTRACTOR’S BOND REQUIREMENTS Faithful Performance Bond and Payment Bond Upon the award of a contract, the successful bidder shall furnish to the Village of Hinsdale a Faithful Performance Bond and Payment Bond as set forth herein, secured by a surety company acceptable to the Village of Hinsdale, conditioned upon the faithful perfor- mance of all covenants and stipulations, and payment for materials and labor under this contract. The amount of the bonds shall be for the full amount of the contract. 7. CONTRACTOR’S INSURANCE REQUIREMENTS Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The contractor will responsible, at their expense, blanket railroad liability from the proper agencies will working on the train platform. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as additional insured on a primary and non-contributory basis. This primary, non-contributory additional insured coverage shall be confirmed through the following required policy endorsements: ISO Additional Insured Endorsement CG 2010 (Exhibit 1) or CG 2026 (Exhibit 2) and CG 20 01 04 13 (Exhibit 3). A. CG2037 – Completed Operations – (Exhibit 4) Required if box is checked  ; and B. Owners and Contractors Protective Liability (OCP) policy with the Village as insured 6 Required if box is checked  ; and C. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 “Any Auto.” D. Workers’ Compensation as required by the Workers’ Compensation Act of the State of Illinois and Employers’ Liability insurance. Coverage required for employee exposure to lead, if box is checked. E. Builder Risk Property Coverage with Village as loss payee Required if box is checked. F. Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of a claim for bodily injury, property damage or remediation costs from an incident at, on or migrating beyond the contracted work site. Coverage shall be extended to Non-Owned Disposal sites resulting from a pollution incident at, on or mitigating beyond the site; and also provide coverage for incidents occurring during transportation of pollutants. Required if box is checked . MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits no less than the following, if required under above scope: A. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, and property damage and $1,000,000 per occurrence for personal injury. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of $1,000,000. B. Owners and Contractors Protective Liability (OCP): $1,000,000 combined single limit per occurrence for bodily injury and property damage. C. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. D. Workers’ Compensation and Employers’ Liability: Workers’ Compensation coverage with statutory limits and Employers’ Liability limits of $500,000 per accident. E. Builder’s Risk: Shall insure against “All Risk” of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed replacement cost basis. 7 F. Environmental Impairment/Pollution Liability: $1,000,000 combined single limit per occurrence for bodily injury, property damage and remediation costs. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the Village. At the option of the Village, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Village, its officials, employees, agents and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: A. General Liability and Automobile Liability Coverages 1. The Village, its officials, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of the Contractor’s work, including activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officials, agents, employees and volunteers. 2. The Contractor’s insurance coverage shall be primary and non-contributory as respects the Village, its officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the Village, its officials, agents, employees and volunteers shall be excess of Contractor’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 officials, employees, agents and volunteers. 4. The Contractor’s insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Contractor’s insurance shall apply separately to each insured against who claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not “follow form,” then the Contractor shall be required to name the Village, its officials, employees, agents and volunteers as additional insureds. 8 6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability policies will not be accepted. 7. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of contribution recoverable against them by Village. This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers’ Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding. B. Workers’ Compensation and Employers’ Liability Coverage The insurer shall agree to waive all rights of subrogation against the Village, its officials, employees, agents and volunteers for losses arising from work performed by Contractor for the municipality. 1. NCCI Alternate Employer Endorsement (WC 000301) in place to ensure that workers’ compensation coverage applies under contractor’s coverage rather than Village’s if the Village is borrowing, leasing or in day to day control of contractor’s employee. Required if box is checked. C. Professional Liability (Required if box is checked  ) 1. Professional liability insurance with limits not less than $1,000,00 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract, with a deductible not- to-exceed $50,000 without prior written approval. 2. If the policy is written on a claims-made form, the retroactive date must be equal to or preceding the effective date of the contract. In the event the policy is cancelled, non-renewed or switched to an occurrence form, the Contractor shall be required to purchase supplemental extending reporting period coverage for a period of not less than three (3) years. 3. Provide a certified copy of actual policy for review. 4. Recommended Required Coverage (architect, engineer, surveyor, consultant): Professional liability insurance that provides indemnification and defense for injury or damage arising out of acts, errors, or omissions in providing the following professional services, but not limited to the following: a. Preparing, approving or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders, designs or specifications; 9 b. Providing direction, instruction, supervision, inspection, engineering services or failing to provide them, if that is the primary cause of injury or damage. D. All Coverages Each insurance policy required shall have the Village expressly endorsed onto the policy as a Cancellation Notice Recipient. Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best’s rating of no less than A-, VII and licensed to do business in the State of Illinois. VERIFICATION OF COVERAGE Contractor shall furnish the Village with certificates of insurance naming the Village, its officials, employees, agents and volunteers as additional insureds (Exhibit 4), and with original endorsements affecting coverage required by this clause. The certificates 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 received and approved by the Village before any work commences. The following additional insured endorsements may be utilized: ISO Additional Insured Endorsements CG 20 10 07 04 (Exhibit 1) or CG 20 26 07 04 (Exhibit 2), or CG 20 01 04 13 (Exhibit 3), and CG 20 37 07 04 (Exhibit 4), where required. The Village reserves the right to request full certified copies of the insurance policies and endorsements. SUBCONTRACTORS Contractor 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. ASSUMPTION OF LIABILITY The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any sub-contractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to this agreement. INDEMNITY/HOLD HARMLESS PROVISION To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify and hold harmless the Village, its officials, employees and agents against all injuries, 10 deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Village, its officials, agents and employees, arising in whole or in part or in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the Village, its employees or agents, the Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the Village, its officials, employees and agents, in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village, its officials, employees and agents as herein provided. The Contractor further agrees that to the extent that money is due the Contractor by virtue of this contract as shall be considered necessary in the judgment of the Village, may be retained by the Village to protect itself against said loss until such claims, suits, or judgments shall have been settled or discharged and/or evidence to that effect shall have been furnished to the satisfaction of the Village. SAFETY/LOSS PREVENTION Safety/Loss Prevention Program Requirements A. Successful bidder will provide written confirmation that a safety/loss prevention program was in place at least 90 days prior to submitting the bid proposal. B. Evidence of completed employee safety training can be provided. Regulatory Requirements A. Successful bidder must comply with all applicable laws, regulations, and rules promulgated by any Federal, State, County, Municipal and/or other governmental unit or regulatory body now in effect or which may be in effect during the performance of the work. Included within the scope of the laws, regulations, and rules referred to in this paragraph but in no way to operate as a limitation, are Occupational Safety & Health Act (OSHA), Illinois Department of Labor (IDOL), Department of Transportation, all forms of traffic regulations, public utility, Intrastate and Interstate Commerce Commission regulations, Workers’ Compensation Laws, Prevailing Wage Laws, the Social Security Act of the Federal Government and any of its titles, the Illinois Department of Human Rights, Human Rights Commission, or EEOC statutory provisions and rules and regulations. 11 B. Evidence of specific regulatory compliance will be provided by bidder, if required by owner. 12 EXHIBIT 1 13 EXHIBIT 2 14 EXHIBIT 3 15 EXHIBIT 4 16 EXHIBIT 5 17 EXHIBIT B GENERAL SPECIFICATIONS 1. Payment for Work Performed The Village, in consideration of the undertaking of the Contractor and the faithful accomplishment of the work, agrees to pay the Contractor the lump sum price for work performed after submission of invoices, upon acceptance by the corporate authorities of the Village, and in accordance with the Local Government Prompt Payment Act (50 ILCS 505/). 2. Damages Repair of all damages including but not limited to utilities, sidewalks, parking lot, curbs, building, brick, light standards, and other structures during the construction of this Contract shall be accomplished at the Contractor's expense. 3. Project Completion Date All work associated with this project shall be completed by Friday, November 10, 2023, unless otherwise approved by the Village. The Village is requesting that all worked be completed by the abovementioned date. There will be no additional compensation to the contractor if Village provides an extension of the work. Lights are to stay on downtown trees until February 28, 2023. Other remaining lights and décor is to be removed by January 31, 2023. 4. Work Hours In accordance with local ordinance, gas powered lawn maintenance equipment may only be operated Monday through Friday 8:00 a.m. to 8:00 p.m. and Saturday 8:00 a.m. to 4:00 p.m. The equipment includes but is not limited to gasoline powered saws, excavators, breakers, and blowers. A schedule will be coordinated on all contract areas with Village staff. The schedule will ensure that work will not conflict with public use. No work is permitted on Sundays or federal holidays. 5. Contractor and Public Safety Given the high volume of vehicular and pedestrian traffic, coordination will be critical with Village representatives. The successful bidder and its employees shall follow the guidelines listed below for work zone safety including proper personal protective equipment (“PPE”). The contractor is responsible for providing adequate signage to manage pedestrians. The successful bidder will also be responsible to ensure all underground utilities are located prior to work, as needed. To submit a locate, visit JULIE’s website at illinois1call.com. B. Pedestrian Safety- MUTCD offers the following considerations in planning for pedestrian safety in temporary traffic control zones on highways and streets: a. Pedestrians should not be led into direct conflicts with work site vehicles, 18 equipment, or operations. b. Pedestrians should not be led into direct conflicts with mainline traffic moving through or around the work site. c. Pedestrians should be provided with a safe, convenient travel path that replicates as nearly as possible the most desirable characteristics of sidewalks or footpaths. In accommodating the needs of pedestrians at work sites, it should always be remembered that the range of pedestrians that can be expected is very wide, including the blind, the hearing impaired, and those with walking handicaps. All pedestrians need protection from potential injury and a smooth, clearly delineated travel path. Therefore, every effort should be made to separate pedestrian movement from both work site activity and adjacent traffic. Whenever possible, signage should be used to direct pedestrians to safe street crossings in advance of an encounter with a temporary traffic control zone. Signs should be placed at intersections so that pedestrians, particularly in high-traffic-volume urban and suburban areas, are not confronted with mid-block work sites that will induce them to skirt the temporary traffic control zone or make a mid-block crossing. It must be recognized that pedestrians will only infrequently retrace their steps to make a safe crossing. Consequently, ample advance notification of sidewalk closures is critically important. 6. Special Provisions Instructions and Detail Please read the special provisions for each item very carefully. The following pages provide the special provisions for each improvement. The contract will be paid out on a lump sum basis at the time of completion. The Village will consider progress payments based on a percentage of the work completed. Please submit a complete bid proposal back to the Village no later than Wednesday, June 7, 2023, at 10:00 AM, Sealed bids will then be publicly read. The Village reserves the right to reject any and all bids, portions of bids, and waive technicalities. 7. Required References All bidders should include three (3) references from previous projects that were similar in scope of services to be provided to the Village of Hinsdale (See Exhibit I). 19 EXHIBIT C SPECIAL PROVISIONS Holiday Lighting and Decorating SP-1 SCOPE OF WORK The scope of work for this project is to install and removal of holiday lights and decorations at the following locations: Memorial Hall Christmas tree, Burlington Park, Metra Brush Hill Train Station, and the central business district trees. All sites are public and available for inspection at any time. A pre-bid meeting is scheduled for Tuesday, May 30, 2023, at 1:00 PM at Burlington Park. Village representatives will be available to answer questions at this time. For more information, please contact Garrett Hummel, Management Analyst, at 630-789-7042. SP-2 AWARD AND EXECUTION OF CONTRACT The Village reserves the right to reject all bids if deemed to be in its best interest to do so. Work will commence shortly after the contract is awarded. All work outlined in this proposal and contract must be completed by Friday, November 10, 2023. SP-3 GENERAL REQUIREMENTS A. Work shall be performed in a professional, workmanlike manner using the highest quality materials and equipment. B. All crew members shall wear uniforms and PPE. They shall conduct themselves in a professional manner. C. Considerations shall be given to disturb existing landscape as little as possible. D. The successful bidder shall have a company representative available to regularly meet with Village staff to discuss the contract’s progress. The representative is required to meet with a Village representative prior to the execution of the contract. The meeting will ensure the winning bidder is clear on scheduling, contract specifications and site locations. SP-4 STAGING Contractor shall furnish sufficient quantities of their own equipment necessary for the proper execution of his work. They shall erect in place this equipment in such a way so as not to interfere with daily operations of the surrounding businesses. Upon completion, the contractor shall dismantle and remove from the job site their equipment. 20 SP-5 PARKING AND ACCESS Contractor shall mark all cars, trucks and lifts with appropriate signage for identification of business. Parking and staging shall be in appropriate areas, which will not affect any permitted parking spots. Parking and staging must be coordinated with Village staff. SP-6 RESTORATION AND CLEAN UP A. All sidewalks, curbs, and streets must be cleaned with no remaining materials, equipment or debris. B. Considerations must be given to damage existing turf and plants while work commences. 21 EXHIBIT D To the Honorable President and Board of Trustees Village Hall 19 E. Chicago Avenue Hinsdale, Illinois 60521-3489 VILLAGE OF HINSDALE, ILLINOIS Holiday Lighting and Decorating – Bid #1705 – Bidders Proposal Full Name of Bidder Main Business Address Phone Fax Email The undersigned, as bidder, declares that the only person or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the locations of the proposed work, the proposed forms of Agreement and Bonds, the Contract Specifications for the above designated work, and he proposes and agrees if this Proposal is accepted that he will contract with the Village of Hinsdale in the form of the copy of the Agreement included in these contract documents to provide all necessary machinery, tools, apparatus and other means of work, including utility and transportation services necessary to do all the work and furnish all the materials and equipment in the manner and time herein prescribed; and according to the Contractor's Bonds, and Certificates of Insurance specified, and to do all other things required of the Contractor by the Contract documents; and that he will take in full payment therefore the sums set forth in the following Bidding Schedule. If this proposal is accepted and the undersigned shall fail to contract as aforesaid within fifteen (15) days of the date of the award of contract, and to give the bond(s) as required, and all certificates of insurance as required, the Village of Hinsdale, shall at its option, determine that the bidder has abandoned this contract and thereupon this proposal and acceptance thereof shall be null and void and the forfeiture of security accompanying this proposal shall operate and the same shall be the property of the Village of Hinsdale as liquidated damages. DATE: ________________ ____________________________ Contractor 22 ______________________________ (SEAL OF CORPORATION) Address ______________________________ City and State ATTEST By ______________________________ Signature ______________________________ Title 23 BID PROPOSAL Area 1: Memorial Building Grounds Item Price Official Village Christmas Tree (Approximately 17' Tall White Fir on the South Lawn) Reinstall Village-owned 1,500 C9 and C7 LEDs and 30 strands of 5mm mini warm-white LED lights in alternating fashion. After the season, remove/store for future reuse. Reinstall Village-owned 120 ornaments. Remove and return to Village. Purchase and provide 25 additional new ornaments to the Village. The ornaments should be commercial-grade red, green, silver, and gold mirror in 6", 8", and 10" diameters. Deliver to Hinsdale Public Services for replacements as needed. Medium-sized Maple Trees (2) Flanking Memorial Building Patio and South Entrance. Reinstall in drape/wrap fashion red commercial grade 5mm mini red LED lights for each of the two (2) trees. After the season, remove and return to Village. 28 strands total. Reinstall on trunk in wrapped fashion 5mm mini warm-white LED lights for each of the two (2) trees. After the season, remove and return to Village. 8 strands total. Area 1 Total: Area 2: Burlington Park Item Install a holiday themed fountain scene in the Burlington Park Fountain using 5 – 8 ft. lit birch decorations. Also include holiday greens for fountain floor and outdoor rated presents for the display. In place of the fountain design described above, the contractor may develop a similar fountain scene setup pending the Village’s approval of the design. See photo in Exhibit J for a sample photo. Reinstall/cover Village-owned lights on all evergreen (yew) shrubs surrounding central fountain in warm white commercial grade mini lights. After the season, remove and return to Village. 40 strands total. Reinstall Village-owned warm white commercial grade mini lights in drape/wrap fashion on canopies of the four (4) ornamental trees. After the season, remove/store for future reuse. 36 strands total. Install Village-owned warm white commercial grade mini lights in wrapped fashion on trunks of the four (4) large shade trees centrally located around fountain. Extend wrapping from trunk six feet (6') on primary branches. After the season, remove/store for future reuse. 54 strands total. Provide rental C7 indoor use only LED lighting and festive decorations on 20’ x 40’ tent used during the Holiday Hinsdale events on Saturday, December 2, 2023, and Saturday, December 9, 2023. Tent will stay up in Burlington Park in between dates. Install Village-owned warm LED lights for 16 trees and 15 bushes not including the 7 trees near the fountain listed above. On the trees, install lights in wrap fashion from trunk extending four to six feet on primary branches. Lights to be applied in a drape fashion on the bushes. After the season, remove and return to Village. 342 strands total. Provide rental lighted spheres with warm white commercial grade lights. The spheres will be displayed in 10 trees with 5 spheres per tree for a total of 50 spheres. See Exhibit J for a sample photo. Notes Burlington Park only includes trees in the actual park, do not include trees in the right-of-way or trees on top of the brick wall. Area 2 Total: 24 Area 3: Brush Hill Train Station Item Reinstall commercial grade warm white LED icicle lights around the entire perimeter of the Brush Hill (main downtown commuter train) station at the gutter/eave. Icicle light strands to be 7.5' long and have drops of 18", 15", and 9". After the season, remove and return to Village. 55 strands total. Area 3 Total: Area 4: Downtown Street Trees Map A: Installation Labor – Install Village-owned warm white commercial grade LED mini lights for 49 street trees. 918 strands total. Map A: Removal Labor – Remove Village-owned warm white commercial grade LED mini lights for 49 street trees. After the season, remove and return to Village. 918 strands total. Map B: Installation Labor – Install Village-owned warm white commercial grade LED mini lights for 25 street trees. 491 strands total. Map B: Removal Labor – Remove Village-owned warm white commercial grade LED mini lights for 25 street trees. After the season, remove and return to Village. 491 strands total. Map C: Installation Labor – Install Village-owned warm white commercial grade LED mini lights for 8 street trees. 110 strands total. Map C: Removal Labor – Remove Village-owned warm white commercial grade LED mini lights for 8 street trees. After the season, remove and return to Village. 110 strands total. Map D: Installation Labor – Install Village-owned warm white commercial grade LED mini lights for 1 street tree. 30 strands total. Map D: Removal Labor – Remove Village-owned warm white commercial grade LED mini lights for 1 street tree. After the season, remove and return to Village. 30 strands total. Supply extension cords for all street trees. Area 4 Total: Notes: Power is available on decorative street light poles (extend from street tree to closest available pole). Light sets to be 22-gauge green wire with end-to-end connections. Village light sets are 25-foot strands of commercial grade warm white LED bulbs (50-bulb count). Light sets shall be draped in a consistent fashion from the tree canopy down and then wrapped to the bottom of the tree trunks. Total number of street trees is 83. Total number of CBD strands is approximately 1549 strands. Distance between light bulbs on strands, about 6”. Additional Light Strands *Unit Price Per 50 Count LED Light Strand (5mm): * Unit Price Per LED Light Strand - The Village of Hinsdale is soliciting unit pricing in the event of damaged inventory or a lack of inventory, however the Village is not obligated to purchase additional lights from the contractor if additional lights are necessary. Project (Areas 1, 2, 3, 4) Total: 25 Alternate #1: Burlington Park Walkthrough Decoration Install train themed lighted walkthrough/photo-op decoration in Burlington Park. 26 EXHIBIT E COMPLIANCE WITH PREVAILING WAGE RATES: To the extent it applies, all work associated with this contract is subject to the Illinois Prevailing Wage Act. The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the current “prevailing rate of wages” (hourly cash wages plus amount for fringe benefits) in the county where the work is performed. The Department publishes the prevailing wage rates on its website at www.illinois.gov/idol. The Department revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Department’s website for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website. All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage requirements and notice and record keeping duties. This project is not subject to prevailing wage. 27 EXHIBIT F X. DRUG FREE WORKPLACE. CONTRACTOR shall submit as a part of this contract, this "DRUG FREE WORKPLACE CERTIFICATIONS" statement, notarized, dated and signed by the highest-ranking company official in the geographical area, along with his/her title or position within the company. DRUG FREE WORKPLACE CERTIFICATIONS The CONTRACTOR acknowledges its obligations under the Illinois Drug Free Workplace Act and certifies that it will provide a drug-free workplace by: A. Publishing a statement: 1) Notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the contractor's workplace. 2) Specifying the actions that will be taken against employees for violations of such prohibitions. 3) Notifying the actions that will be taken against employees for violations of such prohibitions. a) abide by the terms of the statement in the workplace; b) notify the employer of any criminal drug statue conviction for a violation occurring in the workplace no later than five days after such conviction. B. Establishing a drug free awareness program to inform employees about: a) the dangers of drug abuse in the workplace; b) the grantee's or contractor's policy of maintaining a drug free workplace; c) any available drug counseling, rehabilitation, and employee assistance programs; and d) the penalties that may be imposed upon employees for drug violations. C. Making it a requirement to give a copy of the statement required by subsection (1) to each employee engaged in the performance of the contract or grant, and to post the statement in a prominent place in the workplace. D. Notifying the Village of Hinsdale within 10 days after receiving notice under part (B) of paragraph (c) of subsection (1) from an employee or otherwise receiving actual notice of such conviction. E. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program, by any employee who is so convicted, as required 28 by Section 5 of the Illinois Drug Free Workplace Act. F. Training personnel to effectively assist employees in selecting a proper course of action in the event drug counseling, treatment, and rehabilitation is required and indicating an effectively trained counseling and referral team is in place. G. Making a good faith effort to continue to maintain a drug free workplace through implementation of requirements of Section 3 of the Illinois Drug Free Workplace Act. Signature _______________________________________ Name ___________________________________________ Title ____________________________________________ Organization _____________________________________ Date ____________________________________________ 29 EXHIBIT G COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT; P.L.101-336. The CONTRACTOR will comply with all provisions of the Americans with Disabilities Act (ADA) in the execution of this Contract and provide to the Village a certification of compliance in substan- tially the following form: The undersigned firm hereby certifies that it is in compliance with the Americans with Disabilities Act (ADA) as applicable to this contract. _________________________________________ (Company Name) _________________________________________ (Company Address) By_______________________________________ Date________________ (Signature) _________________________________________ (Print Name and Title) Attest By__________________________________ Date_______________ (Signature) __________________________________________ (Print Name and Title) 30 EXHIBIT H EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Fair Employment Practices Commission as a material term of all public contracts: “EQUAL EMPLOYMENT OPPORTUNITY” In the event of the contractor’s noncompliance with any provision of this Equal Employment Opportunity Clause, the Illinois Fair Employment Practices Act or the Fair Employment Practices Commission’s Rules and Regulations for Public Contracts, the contractor may be declared non-responsible and therefore ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statue or regulation. During the performance of this contract, the contractor agrees as follows: (1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or ancestry; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. (2) That, if it hires additional employees in order to perform this contract, or any portion hereof, it will determine the availability (in accordance with the Commission’s Rules and Regulations for Public Contracts) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. (3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry. (4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor’s obligation under the Illinois Fair Employment Practices Act and the Commission’s Rules and Regulations for Public Contracts. If any such labor organization or representative fails or refuses to cooperate with the contractor in its effort to comply with such Act and Rules and Regulations, the contractor will promptly so notify the Illinois Fair Employment Practices Commission and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations there under. (5) That it will submit reports as required by the Illinois Fair Employment Practices Commission’s Rules and Regulations for Public Contracts, furnish all relevant information as may from time to time be requested by the Commission or the contracting agency, and in all respects comply with the Illinois Fair Employment Practices Act and the Commission’s Rules and Regulations for Public Contracts. 31 (6) That it will permit access to all relevant books, records, accounts, and work sites by personnel of the contracting agency and the Illinois Fair Employment Practices Commission for purposes of investigation to ascertain compliance with the Illinois Fair Employment Practices Act and the Commission’s Rules and Regulations for Public Contracts. (7) That it will include verbatim or by reference the provisions of paragraphs 1 through 7 of this clause in every performance subcontract as defined in Section 2.10 (b) of the Commission’s Rules and Regulations for Public Contracts so that such provisions will be binding upon every such subcontractor; and that it will also so include the provisions of paragraphs 1, 5, 6, and 7 in every supply subcontract as defined in Section 2.10 (a) of the Commission’s rules and Regulations for Public Contracts so that such provisions will be binding upon every such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by all its subcontractors; and further, it will promptly notify the contracting agency and the Illinois Fair Employment Practices Commission in the event any subcontractor fails or refuses to comply therewith. In addition, no contractor will utilize any subcontractor declared by the Commission to be non-responsible and therefore ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. With respect to the two types of subcontractors referred to under paragraph 7 of the Equal Employment Opportunity clause above, following is an excerpt of Section 2 of the FEPC’s Rules and Regulations for Public Contracts: Section 2.10. The term “subcontract” means any agreement, arrangement or understanding, written or otherwise, between a contractor and any person (in which the parties do not stand in the relationship of an employer and employee): (a) for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements, which, in whole or in part, is utilized in the performance of any one or more contracts; or (b) under which any portion of the contractor’s obligations under any one or more contracts is performed, undertaken or assumed. The undersigned firm hereby certifies that it is in compliance with the Equal Employment Opportunity Clause as applicable to this contract. Signature ________________________________________ Name ___________________________________________ Title ____________________________________________ Organization _____________________________________ Date ____________________________________________ 32 EXHIBIT I REFERENCES List below at least three different municipalities or public organization for which your organization has performed electrical service work within the last five years. A school district, park district, library, forest preserve district, or any other governmental agency may be used as reference in lieu of a municipality. 1. _____________________________________ ____________________ Name Telephone Number _____________________________________ Address _____________________________________ City and State 2. _____________________________________ ____________________ Name Telephone Number _____________________________________ Address _____________________________________ City and State 3. _____________________________________ ____________________ Name Telephone Number _____________________________________ Address _____________________________________ City and State 33 EXHIBIT J Holiday Lighting and Decorating Site Maps 34 35 36 37 38 39 VILLAGE OF HINSDALE Contract for Holiday Lighting and Decorating - Bid #1705 In consideration of the mutual promises set forth below, the Village of Hinsdale, 19 East Chicago Avenue, Hinsdale, Illinois, 60521, a public corporation (“Owner”), and The ________________________(“Contractor”), make this Contract as of the ______day of __________________ day of ____ and hereby agree as follows: ARTICLE I THE WORK 1.1 Performance of the Work Contractor shall, at its sole cost and expense, provide, perform, and complete all of the following, all of which is herein referred to as the “Work”: 1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete, in the manner described and specified in this Contract, all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary to accomplish the Project at the Work Site, both as defined in Special Provisions, Bidders Proposal and Bidding Information attached hereto and expressly made a part thereof. 2. Permits. Except as otherwise provided in Exhibit A, procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith. 3. Bonds and Insurance. Procure and furnish all Bonds and all certificates and policies of insurance specified in this Bidders Proposal. 4. Taxes. Pay all applicable federal, state, and local taxes. 5. Miscellaneous. Do all other things required of Contractor by this Contract, including, without limitation, arranging for utility and other services needed for the Work and for testing, including the installation of temporary utility lines, wiring, switches, fixtures, hoses, connections, and meters, and providing sufficient sanitary conveniences and shelters to accommodate all workers and all personnel of Owner engaged in the Work. 6. Quality. Provide, perform and complete all of the foregoing in a proper and workmanlike manner, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged and first quality equipment, materials, and supplies. 40 1.2 Commencement and Completion Dates Contractor shall commence the Work not later than the “Commencement Date” set forth in the Special Provisions and shall diligently and continuously prosecute the Work at such a rate as will allow the Work to be fully provided, performed, and completed in full compliance with this Contract not later than the “Completion Date” set forth in Special Provisions. The time of commencement, rate of progress, and time of completion are referred to in this Contract as the “Contract Time.” 1.3 Required Submittals A. Submittals Required. Contractor shall submit to Owner all documents, data, and information specifically required to be submitted by Contractor under this Contract and shall, in addition, submit to Owner all such drawings, specifications, descriptive information, and engineering documents, data, and information as may be required, or as may be requested by Owner, to show the details of the Work, including a complete description of all equipment, materials, and supplies to be provided under this Contract (“Required Submittals”). Such details shall include, but shall not be limited to, design data, structural and operating features, principal dimensions, space required or provided, clearances required or provided, type and brand of finish, and all similar matters, for all components of the Work. B. Time of Submission and Owner's Review. All Required Submittals shall be provided to Owner no later than the time, if any, specified in this Contract for their submission or, if no time for submission is specified, in sufficient time, in Owner's sole opinion, to permit Owner to review the same prior to the commencement of the part of the Work to which they relate and prior to the purchase of any equipment, materials, or supplies that they describe. Owner shall have the right to require such corrections as may be necessary to make such submittals conform to this Contract. All such submittals shall, after final processing and review with no exception noted by Owner, become a part of this Contract. No Work related to any submittal shall be performed by Contractor until Owner has completed review of such submittal with no exception noted. Owner's review and stamping of any Required Submittal shall be for the sole purpose of examining the general management, design, and details of the proposed Work, shall not relieve Contractor of the entire responsibility for the performance of the Work in full compliance with, and as required by or pursuant to this Contract, and shall not be regarded as any assumption of risk or liability by Owner. C. Responsibility for Delay. Contractor shall be responsible for any delay in the Work due to delay in providing Required Submittals conforming to this Contract. 1.4 Review and Interpretation of Contract Provisions Contractor represents and warrants that it has carefully reviewed this Contract, including all of its Exhibits and Attachments, all of which are by this reference incorporated into and made a part of this Contract. Contractor shall, at no increase in the Contract Price, provide workmanship, equipment, materials, and supplies that fully conform to this Contract. Whenever any equipment, materials or supplies are specified or described in this Contract by 41 using the name or other identifying feature of a proprietary product or the name or other identifying feature of a particular manufacturer or vendor, the specific item mentioned shall be understood as establishing the type, function and quality desired. Other manufacturers' or vendors' products may be accepted, provided that the products proposed are equivalent in substance and function to those named as determined by Owner in its sole and absolute discretion. Contractor shall promptly notify Owner of any discrepancy, error, omission, ambiguity, or conflict among any of the provisions of this Contract before proceeding with any Work affected thereby. If Contractor fails to give such notice to Owner, then the subsequent decision of Owner as to which provision of this Contract shall govern shall be final, and any corrective work required shall not entitle Contractor to any damages, to any compensation in excess of the Contract Price, or to any delay or extension of the Contract Time. When the equipment, materials, or supplies furnished by Contractor cannot be installed as specified in this Contract, Contractor shall, without any increase in the Contract Price, make all modifications required to properly install the equipment, materials, or supplies. Any such modification shall be subject to the prior review and consent of Owner. 1.5 Conditions at the Work Site; Record Drawings Contractor represents and warrants that it has had a sufficient opportunity to conduct a thorough investigation of the Work Site and the surrounding area and has completed such investigation to its satisfaction. Contractor shall have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time based upon conditions found at, or in the vicinity of, the Work Site. When information pertaining to subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility locations or conditions, buried structures, condition of existing structures, and other investigations is or has been provided by Owner, or is or has been otherwise made available to Contractor by Owner, such information is or has been provided or made available solely for the convenience of Contractor and is not part of this Contract. Owner assumes no responsibility whatever in respect to the sufficiency or accuracy of such information, and there is no guaranty or warranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work or the Work Site, or that the conditions indicated are representative of those existing at any particular location, or that the conditions indicated may not change, or that unanticipated conditions may not be present. Contractor shall be solely responsible for locating all existing underground installations by prospecting no later than two workdays prior to any scheduled excavation or trenching, whichever is earlier. Contractor shall check all dimensions, elevations, and quantities indicated in this Contract within the same time period as set forth above for prospecting underground installations. Contractor shall lay out the Work in accordance with this Contract and shall establish and maintain such locations, lines and levels. Wherever pre- existing work is encountered, Contractor shall verify and be responsible for dimensions and location of such pre-existing work. Contractor shall notify Owner of any discrepancy between the dimensions, elevations and quantities indicated in this Contract and the conditions of the 42 Work Site or any other errors, omissions or discrepancies which Contract may discover during such inspections. Full instructions will be furnished by Owner should such error, omission, or discrepancy be discovered, and Contractor shall carry out such instructions as if originally specified and without any increase in Contract Price. Before Final Acceptance of the Work, Contractor shall submit to Owner two sets of Drawings of Record, unless a greater number is specified elsewhere in this Contract, indicating all field deviations from Exhibit D or the drawings identified in Exhibit J. 1.6 Technical Ability to Perform Contractor represents and warrants that it is sufficiently experienced and competent, and has the necessary capital, facilities, plant, organization, and staff, to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.7 Financial Ability to Perform Contractor represents and warrants that it is financially solvent, and Contractor has the financial resources necessary to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.8 Time Contractor represents and warrants that it is ready, willing, able and prepared to begin the Work on the Commencement Date and that the Contract Time is sufficient time to permit completion of the Work in full compliance with, and as required by or pursuant to, this Contract for the Contract Price, all with due regard to all natural and man-made conditions that may affect the Work or the Work Site and all difficulties, hindrances, and delays that may be incident to the Work. 1.9 Safety at the Work Site Contractor shall be solely and completely responsible for providing and maintaining safe conditions at the Work Site, including the safety of all persons and property during performance of the Work. This requirement shall apply continuously and shall not be limited to normal working hours. Contractor shall take all safety precautions as shall be necessary to comply with all applicable laws and to prevent injury to persons and damage to property. Contractor shall conduct all of its operations without interruption or interference with vehicular and pedestrian traffic on public and private rights-of-way, unless it has obtained permits therefor from the proper authorities. If any public or private right-of-way shall be rendered unsafe by Contractor's operations, Contractor shall make such repairs or provide such temporary ways or guards as shall be acceptable to the proper authorities. 43 1.10 Cleanliness of the Work Site and Environs Contractor shall keep the Work Site and adjacent areas clean at all times during performance of the Work and shall, upon completion of the Work, leave the Work Site and adjacent areas in a clean and orderly condition. 1.11 Damage to the Work, the Work Site, and Other Property The Work and everything pertaining thereto shall be provided, performed, completed, and maintained at the sole risk and cost of Contractor from the Commencement Date until Final Payment. Contractor shall be fully responsible for the protection of all public and private property and all persons. Without limiting the foregoing, Contractor shall, at its own cost and expense, provide all permanent and temporary shoring, anchoring and bracing required by the nature of the Work in order to make all parts absolutely stable and rigid, even when such shoring, anchoring and bracing is not explicitly specified, and support and protect all buildings, bridges, roadways, conduits, wires, water pipes, gas pipes, sewers, pavements, curbs, sidewalks, fixtures and landscaping of all kinds and all other public or private property that may be encountered or endangered in providing, performing and completing the Work. Contractor shall have no claim against Owner because of any damage or loss to the Work or to Contractor's equipment, materials, or supplies from any cause whatsoever, including damage or loss due to simultaneous work by others. Contractor shall, promptly and without charge to Owner, repair or replace, to the satisfaction of Owner, any damage done to, and any loss suffered by, the Work and any damage done to, and any loss suffered by, the Work Site or other property as a result of the Work. Notwithstanding any other provision of this Contract, Contractor's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of Owner or Contractor, to indemnify, hold harmless, or reimburse Contractor for the cost of any repair or replacement work required by this Section. 1.12 Subcontractors and Suppliers A. Approval and Use of Subcontractors and Suppliers. Contractor shall perform the Work with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by Owner in writing. All subcontractors, suppliers, and subcontracts used by Contractor shall be acceptable to, and approved in advance by, Owner. Owner's approval of any subcontractor, supplier, and subcontract shall not relieve Contractor of full responsibility and liability for the provision, performance, and completion of the Work in full compliance with, and as required by or pursuant to, this Contract. All Work performed under any subcontract shall be subject to all of the provisions of this Contract in the same manner as if performed by employees of Contractor. Every reference in this Contract to “Contractor” shall be deemed also to refer to all subcontractors and suppliers of Contractor. Every subcontract shall include a provision binding the subcontractor or supplier to all provisions of this Contract. B. Removal of Subcontractors and Suppliers. If any subcontractor or supplier fails to perform the part of the Work undertaken by it in a manner satisfactory to 44 Owner, Contractor shall immediately upon notice from Owner terminate such subcontractor or supplier. Contractor shall have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time as a result of any such termination. 1.13 Simultaneous Work by Others Owner shall have the right to perform or have performed such other work as Owner may desire in, about, or near the Work Site during the performance of the Work by Contractor. Contractor shall make every reasonable effort to perform the Work in such manner as to enable both the Work and such other work to be completed without hindrance or interference from each other. Contractor shall afford Owner and other contractor’s reasonable opportunity for the execution of such other work and shall properly coordinate the Work with such other work. 1.14 Occupancy Prior to Final Payment Owner shall have the right, at its election, to occupy, use, or place in service any part of the Work prior to Final Payment. Such occupancy, use, or placement in service shall be conducted in such manner as not to damage any of the Work or to unreasonably interfere with the progress of the Work. No such occupancy, use, or placement in service shall be construed as an acceptance of any of the Work or a release or satisfaction of Contractor's duty to insure and protect the Work, not shall it, unless conducted in an unreasonable manner, be considered as an interference with Contractor's provision, performance, or completion of the Work. 1.15 Owner's Right to Terminate or Suspend Work for Convenience A. Termination or Suspension for Convenience. Owner shall have the right, for its convenience, to terminate or suspend the Work in whole or in part at any time by written notice to Contractor. Every such notice shall state the extent and effective date of such termination or suspension. On such effective date, Contractor shall, as and to the extent directed, stop Work under this Contract, cease all placement of further orders or subcontracts, terminate or suspend Work under existing orders and subcontracts, cancel any outstanding orders or subcontracts that may be cancelled, and take any action necessary to protect any property in its possession in which Owner has or may acquire any interest and to dispose of such property in such manner as may be directed by Owner. B. Payment for Completed Work. In the event of any termination pursuant to Subsection 1.15A above, Owner shall pay Contractor (1) such direct costs, excluding overhead, as Contractor shall have paid or incurred for all Work done in compliance with, and as required by or pursuant to, this Contract up to the effective date of termination together with ten percent of such costs for overhead and profit; and (2) such other costs pertaining to the Work, exclusive of overhead and profit, as Contractor may have reasonably and necessarily incurred as the result of such termination. Any such payment shall be offset by any prior payment or payments and shall be subject to Owner's rights to withhold and deduct as provided in this Contract. 45 ARTICLE II CHANGES AND DELAYS 2.1 Changes Owner shall have the right, by written order executed by Owner, to make changes in the Contract, the Work, the Work Site, and the Contract Time (“Change Order”). If any Change Order causes an increase or decrease in the amount of the Work, an equitable adjustment in the Contract Price or Contract Time may be made. All claims by Contractor for an equitable adjustment in either the Contract Price or the Contract Time shall be made within two business days following receipt of such Change Order, and shall, if not made prior to such time, be conclusively deemed to have been waived. No decrease in the amount of the Work caused by any Change Order shall entitle Contractor to make any claim for damages, anticipated profits, or other compensation. 2.2 Delays A. Extensions for Unavoidable Delays. For any delay that may result from causes that could not be avoided or controlled by Contractor, Contractor shall, upon timely written application, be entitled to issuance of a Change Order providing for an extension of the Contract Time for a period of time equal to the delay resulting from such unavoidable cause. No extension of the Contract Time shall be allowed for any other delay in completion of the Work. B. No Compensation for Delays. No payment, compensation, damages, or adjustment of any kind, other than the extension of the Contract Time provided in Subsection 2.2A above, shall be made to, or claimed by, Contractor because of hindrances or delays from any cause in the commencement, prosecution, or completion of the Work, whether caused by Owner or any other party and whether avoidable or unavoidable. ARTICLE III CONTRACTOR'S RESPONSIBILITY FOR DEFECTIVE WORK 3.1 Inspection; Testing; Correction of Defects A. Inspection. Until Final Payment, all parts of the Work shall be subject to inspection and testing by Owner or its designated representatives. Contractor shall furnish, at its own expense, all reasonable access, assistance, and facilities required by Owner for such inspection and testing. B. Re-Inspection. Re-inspection and re-testing of any Work may be ordered by Owner at any time, and, if so ordered, any covered or closed Work shall be uncovered or opened by Contractor. If the Work is found to be in full compliance with this Contract, then Owner shall pay the cost of uncovering, opening, re-inspecting, or re-testing, as the case may be. If such Work is not in full compliance with this Contract, then Contractor shall pay such cost. 46 C. Correction. Until Final Payment, Contractor shall, promptly and without charge, repair, correct, or replace all or any part of the Work that is defective, damaged, flawed, or unsuitable or that in any way fails to conform strictly to the requirements of this Contract. 3.2 Warranty of Work A. Scope of Warranty. Contractor warrants that the Work and all of its components shall be free from defects and flaws in design, workmanship, and materials; shall strictly conform to the requirements of this Contract; and shall be fit, sufficient and suitable for the purposes expressed in, or reasonably inferred from, this Contract. The warranty herein expressed shall be in addition to any other warranties expressed in this Contract, or expressed or implied by law, which are hereby reserved unto Owner. B. Repairs; Extension of Warranty. Contractor shall, promptly and without charge, correct any failure to fulfill the above warranty that may be discovered or develop at any time within one year after Final Payment or such longer period as may be prescribed in Exhibit B or Exhibit D to this Contract or by law. The above warranty shall be extended automatically to cover all repaired and replacement parts and labor provided or performed under such warranty and Contractor's obligation to correct Work shall be extended for a period of one year from the date of such repair or replacement. The time period established in this Subsection 3.2B relates only to the specific obligation of Contractor to correct Work and shall not be construed to establish a period of limitation with respect to other obligations that Contractor has under this Contract. C. Subcontractor and Supplier Warranties. Whenever Exhibit B or Exhibit D requires a subcontractor or supplier to provide a guaranty or warranty, Contractor shall be solely responsible for obtaining said guaranty or warranty in form satisfactory to Owner and assigning said warranty or guaranty to Owner. Acceptance of any assigned warranties or guaranties by Owner shall be a precondition to Final Payment and shall not relieve Contractor of any of its guaranty or warranty obligations under this Contract. 3.3 Owner's Right to Correct If, within two business days after Owner gives Contractor notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction by Contractor pursuant to Section 3.1 or Section 3.2 of this Contract, Contractor neglects to make, or undertake with due diligence to make, the necessary corrections, then Owner shall be entitled to make, either with its own forces or with contract forces, the corrections and to recover from Contractor all resulting costs, expenses, losses, or damages, including attorneys' fees and administrative expenses. 47 ARTICLE IV FINANCIAL ASSURANCES 4.1 Bonds Contemporaneous with Contractor's execution of this Contract, Contractor shall provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise acceptable to, Owner, from a surety company licensed to do business in the State of Illinois with a general rating of A and a financial size category of Class X or better in Best's Insurance Guide, each in the penal sum of the Contract Price (“Bonds”). Contractor shall, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, maintain and keep in force, at Contractor's expense, the Bonds required hereunder. 4.2 Insurance Contemporaneous with Contractor's execution of this Contract, Contractor shall provide certificates and policies of insurance evidencing the minimum insurance coverages and limits set forth in Bidding Documents. For good cause shown, Owner may extend the time for submission of the required policies of insurance upon such terms, and with such assurances of complete and prompt performance, as Owner may impose in the exercise of its sole discretion. Such policies shall be in a form, and from companies, acceptable to Owner. Such insurance shall provide that no change, modification in, or cancellation of any insurance shall become effective until the insurance company thereof shall have given the expiration of 30 days after written notice to Owner. Contractor shall, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, maintain and keep in force, at Contractor's expense, the minimum insurance coverages and limits set forth in Exhibit A. 4.3 Indemnification Contractor shall indemnify, save harmless, and defend Owner against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees and administrative expenses, that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof, whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of Contractor, except to the extent caused by the sole negligence of Owner. ARTICLE V PAYMENT 5.1 Contract Price Owner shall pay to Contractor, in accordance with and subject to the terms and conditions set forth Contractor’s Proposal and Special Provisions, and Contractor shall accept in 48 full satisfaction for providing, performing, and completing the Work, the amount or amounts set forth in contractors proposal and is subject to any additions, deductions, or withholdings provided for in this Contract. The estimated quantities stated in the Contractor's Proposal shall not necessarily be used to determine payment due the Contractor. Payment shall be based on the actual number of units installed in the completed Work and measured on the basis defined herein. Each application for payment by the Contractor shall include its certification of the value of the Work for which payment is requested. If the application for payment is approved, such certification shall constitute the value of the Work for purposes of determining the amount of the current monthly payment. If a certification is not acceptable to the Village and if the parties are unable to agree as to the value of the Work in question, such value shall, for the purpose of fixing the amount of the current monthly payment, be determined by the Village. 5.2 Taxes and Benefits Owner is exempt from and shall not be responsible to pay, or reimburse Contractor for, any state or local sales, use, or excise taxes. The Contract Price includes all other 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 other similar benefits. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, or premium is hereby waived and released by Contractor. 5.3 Progress Payments A. Payment in Installments. The Contract Price shall be paid in monthly installments in the manner set forth in Bidding packet. B. Pay Requests. Contractor shall, as a condition precedent to its right to receive each Progress Payment, submit to Owner a pay request in the form provided by Owner (“Pay Request”). The first Pay Request shall be submitted not sooner than 30 days following commencement of the Work. Owner may, by written notice to Contractor, designate a specific day of each month on or before which Pay Requests must be submitted. Each Pay Request shall include (a) Contractor's certification of the value of, and partial or final waivers of lien covering, all Work for which payment is then requested and (b) Contractor's certification that all prior Progress Payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid. C. Work Entire. This Contract and the Work are entire and the Work as a whole is of the essence of this Contract. Notwithstanding any other provision of this Contract, each and every part of this Contract and of the Work are interdependent and common to one another and to Owner's obligation to pay all or any part of the Contract Price or any other consideration for the Work. Any and all Progress Payments made pursuant to this Article are provided merely for the convenience of Contractor and for no other purpose. 49 5.4 Final Acceptance and Final Payment A. Notice of Completion. When the Work has been completed and is ready in all respects for acceptance by Owner, Contractor shall notify Owner and request a final inspection (“Notice of Completion”). Contractor's Notice of Completion shall be given sufficiently in advance of the Completion Date to allow for scheduling of the final inspection and for completion or correction before the Completion Date of any items identified by such inspection as being defective, damaged, flawed, unsuitable, nonconforming, incomplete, or otherwise not in full compliance with, or as required by or pursuant to, this Contract (“Punch List Work”). B. Punch List and Final Acceptance. The Work shall be finally accepted when, and only when, the whole and all parts thereof shall have been completed to the satisfaction of Owner in full compliance with, and as required by or pursuant to, this Contract. Upon receipt of Contractor's Notice of Completion, Owner shall make a review of the Work and notify Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following Contractor's completion or correction of all Punch List Work, Owner shall make another review of the Work and prepare and deliver to Contractor either a written notice of additional Punch List Work to be completed or corrected or a written notice of final acceptance of the Work (“Final Acceptance”). C. Final Payment. As soon as practicable after Final Acceptance, Contractor shall submit to Owner a properly completed final Pay Request in the form provided by Owner (“Final Pay Request”). Owner shall pay to Contractor the balance of the Contract Price, after deducting therefrom all charges against Contractor as provided for in this Contract (“Final Payment”). Final Payment shall be made not later than 60 days after Owner approves the Final Pay Request. The acceptance by Contractor of Final Payment shall operate as a full and complete release of Owner of and from any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses of, by, or to Contractor for anything done, furnished for, arising out of, relating to, or in connection with the Work or for or on account of any act or neglect of Owner arising out of, relating to, or in connection with the Work. 5.5 Liens A. Title. Nothing in this Contract shall be construed as vesting in Contractor any right of property in any equipment, materials, supplies, and other items provided under this Contract after they have been installed in, incorporated into, attached to, or affixed to, the Work or the Work Site. All such equipment, materials, supplies, and other items shall, upon being so installed, incorporated, attached or affixed, become the property of Owner, but such title shall not release Contractor from its duty to insure and protect the Work in accordance with the requirements of this Contract. B. Waivers of Lien. Contractor shall, from time to time at Owner's request and in any event prior to Final Payment, furnish to Owner such receipts, releases, affidavits, certificates, and other evidence as may be necessary to establish, to the reasonable satisfaction of Owner, that no lien against the Work or the public funds held by Owner exists in 50 favor of any person whatsoever for or by reason of any equipment, material, supplies, or other item furnished, labor performed, or other thing done in connection with the Work or this Contract (“Lien”) and that no right to file any Lien exists in favor of any person whatsoever. C. Removal of Liens. If at any time any notice of any Lien is filed, then Contractor shall, promptly and without charge, discharge, remove, or otherwise dispose of such Lien. Until such discharge, removal, or disposition, Owner shall have the right to retain from any money payable hereunder an amount that Owner, 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. D. Protection of Owner Only. This Section shall not operate to relieve Contractor's surety or sureties from any of their obligations under the Bonds, nor shall it be deemed to vest any right, interest, or entitlement in any subcontractor or supplier. Owner's retention of funds pursuant to this Section shall be deemed solely for the protection of its own interests pending removal of such Liens by Contractor, and Owner shall have no obligation to apply such funds to such removal but may, nevertheless, do so where Owner's interests would thereby be served. 5.6 Deductions A. Owner's Right to Withhold. Notwithstanding any other provision of this Contract and without prejudice to any of Owner's other rights or remedies, Owner shall have the right at any time or times, whether before or after approval of any Pay Request, to deduct and withhold from any Progress or Final Payment that may be or become due under this Contract such amount as may reasonably appear necessary to compensate Owner for any actual or prospective loss due to: (1) Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; (2) damage for which Contractor is liable under this Contract; (3) state or local sales, use, or excise taxes from which Owner is exempt; (4) Liens or claims of Lien regardless of merit; (5) claims of subcontractors, suppliers, or other persons regardless of merit; (6) delay in the progress or completion of the Work; (7) inability of Contractor to complete the Work; (8) failure of Contractor to properly complete or document any Pay Request; (9) any other failure of Contractor to perform any of its obligations under this Contract; or (10) the cost to Owner, including attorneys' fees and administrative costs, of correcting any of the aforesaid matters or exercising any one or more of Owner's remedies set forth in Section 6.3 of this Contract. B. Use of Withheld Funds. Owner shall be entitled to retain any and all amounts withheld pursuant to Subsection 5.6A above until Contractor shall have either performed the obligations in question or furnished security for such performance satisfactory to Owner. Owner shall be entitled to apply any money withheld or any other money due Contractor under this Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, attorneys' fees and administrative expenses incurred, suffered, or sustained by Owner and chargeable to Contractor under this Contract.