2020 Dutch Elm Disease Prevention Program

bids will be received by the City’s Purchasing Office in Room 4200 of the Lorraine H. Morton Civic Center located at 2100 Ridge Avenue, Evanston, Illinois 60201, until 2:00 P.M. local time Tuesday, April 28, 2020 and will be publicly read thereafter in room 2404. Bids shall cover the following: 2020 Dutch Elm Disease Prevention Program Bid Number: 20-14 Work on this project includes providing a preventative treatment for Dutch Elm Disease (DED) in approximately 1,688 parkway and other publicly owned elm trees through the root flare injection of Arbotect 20-S at the full three-year rate. The work also includes the root flare injection of Arbotect 20-S to 127 publicly owned elm trees at a seventy-five percent diluted three-year rate. The above item shall conform to the Invitation for Bids on file in the Purchasing Office. The bid document, including all necessary plans and specifications, will be available on the City Bids and Proposal website on Thursday, April 9, 2020. Parties

interested in submitting a bid should contact the Purchasing Office to receive a copy of the bid or see the City’s website at: www.cityofevanston.org/business/bids-proposals/ or Demandstar at: www.demandstar.com. The City of Evanston (the City) in accordance with the laws of the State of Illinois, hereby notifies all Bidders that it will affirmatively ensure that the contract(s) entered into pursuant to this Notice will be awarded to the successful Bidders without discrimination on the ground of race, color, religion, sex, age, sexual orientation, marital status, disability, familial status or national origin. The City of Evanston reserves the right to reject any or all submittals or to accept the submittal(s) deemed most advantageous to the City. The Evanston City Council also reserves the right to award the contract to an Evanston firm if that firm's bid is within 5% of the low bid. Each Bidder shall be required to submit with their bid a disclosure of ownership interest statement form in accordance with the provisions of City Code Section 1-18-1 et seq. Failure to submit such information will result in the disqualification of such bid. Linda Thomas Purchasing Specialist http://www.cityofevanston.org/business/bids-proposals/ http://www.demandstar.com/ INSTRUCTIONS TO BIDDERS 2 INSTRUCTIONS TO BIDDERS/REQUIREMENTS FOR BIDDING (CONTRACTS OVER $20,000) 1. ON-LINE NOTIFICATION OF SOLICITATIONS The City is utilizing Demandstar.com (www.demandstar.com) for on-line notification purposes only for sealed bids when it is anticipated that the amount of the resulting contract will be in excess of its formal bid limit of $25,000, such as this requirement. Interested Bidders are required to submit a sealed bid to the City by the date/time indicated for this requirement on the forms provided by the City. 2. SUBMISSION OF BIDS A. All bids will be received in The City of Evanston Purchasing Office, Room 4200, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, IL 60201. Cut out and tape label included in this bid package as Exhibit O (BID/Proposal Submittal Label). All submittals are to be placed in a sealed opaque envelope addressed to: The City of Evanston Purchasing Office, Room 4200, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201; clearly marked on the OUTSIDE with the following:  Bid name and number  Name and address of Firm  Date and time of Bid deadline B. NOTE: Purchasing will accept bid responses in one of two formats: 1. Three (3) copies of the bid information, as well as any other information required in the solicitation document, must be submitted on the forms provided with all blank spaces for bid prices filled in ink or typewritten and containing all required information. Each copy must contain the same information (except one set must have original signatures and stamps). 2. An electronic PDF response on a USB drive (along with any paper bid bonds as required) may be submitted in lieu of paper copies. C. ANY BIDS RECEIVED AFTER THE TIME AND DATE SPECIFIED FOR THE RECEIPT OF BIDS WILL BE RETURNED TO THE BIDDER UNOPENED. It is the sole responsibility of the Bidder to insure that his or her bid is delivered by the stated bid opening time. Mailed bids which are delivered after the specified hour will not be accepted regardless of post marked time on the envelope. THE CITY IS NOT RESPONSIBLE FOR MISDIRECTED PACKAGES. D. Bids will be publicly opened on the date and time specified for the receipt of bids in designated room of the Lorraine H. Morton Civic Center in Evanston, Illinois. E. Any Bidder may withdraw his or her bid by letter or with proper identification by personally securing his or her bid at any time prior to the stated bid opening time. No telephone request for withdrawal of bids will be honored. F. No bids will be received via the internet. http://www.demandstar.com/ INSTRUCTIONS TO BIDDERS 3 3. PREPARATION OF BIDS The Bidder must prepare the bid on the attached bid forms. Unless otherwise stated, all blank spaces on the bid form or pages must be filled in. Either a unit price, lump sum price, or a "no-bid", as the case may be, must be stated for each and every item and must be either typed in or written in ink. 4. SIGNING OF BIDS A. Bids which are signed for a partnership should be signed in the firm’s name by all partners, or in the firm’s name by Attorney-in-Fact. If signed by Attorney-in-Fact, there should be attached to the bid a Power of Attorney evidencing authority to sign the bid, dated the same date as the bid and executed by all partners of the firm. B. Bids which are signed for a corporation should have the correct corporate name thereon and signature of an authorized officer of the corporation manually written below the corporate name following words "By: _____". title of office held by the person signing for corporation, which shall appear below signature of an officer. C. Bids which are signed by an individual doing business under a fictitious name should be signed in the name of the individual "doing business as. ______.” D. The name of each person signing the bid shall be typed or printed below his or her signature. 5. CONSIDERATION OF BIDS The Purchasing Specialist shall represent and act for the City in all matters pertaining to this bid and the contract in conjunction therewith. 6. WITHDRAWAL OF BIDS Bidders may withdraw or cancel their bids at any time prior to the advertised bid opening time. After the bid opening time, no bid shall be withdrawn or canceled for a period of sixty (60) calendar days. When contract approval is required by another agency, such as the Federal Government or the State of Illinois, no bid shall be withdrawn or canceled for a period of ninety (90) calendar days. 7. ERRORS IN BIDS Bidders are cautioned to verify their bids before submission. Negligence on the part of the respondent in preparing the bid confers no right for withdrawal or modification of the bid after it has been opened. In case of error in the extension of prices in the bid, unit prices will govern. 8. ADDENDA A. Any and all changes to the specifications/plans are valid only if they are included by written addendum to all Bidders. Each Bidder must acknowledge receipt of any addenda by indicating on the Bid form. Each Bidder, by acknowledging receipt of any addenda, is responsible for the contents of the addenda and any changes to the bid therein. Failure to acknowledge any addenda may cause the bid to be INSTRUCTIONS TO BIDDERS 4 rejected. B. Addenda information is available over the internet at: www.cityofevanston.org/business/bids-proposals/ or www.demandstar.com, or by contacting the Purchasing Office. 9. RESERVED RIGHTS The City of Evanston reserves the right at any time and for any reason to cancel his or her solicitation, to accept or reject any or all bids or any portion thereof, or to accept an alternate response. The City reserves the right to waive any immaterial defect in any response. The City may seek clarification from any respondent at any time, and failure to respond within a reasonable time period, or as otherwise directed, will be cause for rejection. 10. AWARD It is the intent of the City to award a contract to the lowest responsible Bidder meeting specifications. The City reserves the right to determine the lowest responsible Bidder on the basis of an individual item, groups of items, or in any way determined to be in the best interest of the City. Award will be based on the following factors (where applicable): (a) adherence to all conditions and requirements of the bid specifications; (b) price; (c) qualifications of the Bidder, including past performance, financial responsibility, general reputation, experience, service capabilities, and facilities; (d) delivery or completion date; (e) product appearance, workmanship, finish, taste, feel, overall quality, and results of product testing; (f) maintenance costs and warranty provisions; and (g) repurchase or residual value. 11. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS Bidder’s shall promptly notify the City of any ambiguity, inconsistency, or error that they discover upon examination of the bidding documents. Interpretations, corrections, and changes will be made by addendum. Each Bidder shall ascertain prior to submitting a bid that all addenda have been received and are acknowledged in the bid. 12. INCONSISTENCIES AND OMISSIONS These specifications and the accompanying plans, if any, are intended to include all information necessary for the work contemplated. If, by inadvertence or otherwise, the plans or specifications omit some information necessary for that purpose, the contractor shall, nevertheless, be required to perform such work at no additional cost to the City so that the project may be completed according to the true intent and purpose of the plans and specifications. 13. CONDITIONS Bidders are advised to become familiar with all conditions, instructions, and specifications governing his or her bid. Once the award has been made, failure to have read all the conditions, instructions and specifications of this contract shall not http://www.cityofevanston.org/business/bids-proposals/ http://demandstar.com/ INSTRUCTIONS TO BIDDERS 5 permit the Bidder to amend contract or to request additional compensation. 14. VERIFICATIONS OF DATA A. It is understood and agreed that the unit quantities given in these specifications are approximate only, and the contractor shall verify these quantities before bidding as no claim shall be made against the City on, or account of, any excess or deficiency in the same. B. The contractor shall have visited the premises and determined for itself, by actual observation, boring, test holes, or other means, the nature of all soil and water conditions (both above and below ground in the line of work) that may be encountered in all construction work under this contract. The cost of all such inspection, borings, etc. shall be borne by the contractor, and no allowance will be made for the failure of the contractor to estimate correctly the difficulties attending the execution of the work. 15. SPECIFICATIONS Reference to brand names and numbers is meant to be descriptive, not restrictive, unless otherwise specified. Bids on equivalent items will be considered, provided the Bidder clearly states exactly what is proposed to be furnished, including complete specifications. Unless the Bidder specifies otherwise, it is understood the Bidder is offering a referenced brand item as specified or is bidding as specified when no brand is referenced, and does not propose to furnish an “equal.” The City reserves the right to determine whether a substitute offer is equivalent to, and meets the standard of quality indicated by the brand name and number. 16. SAMPLES When samples of items are called for by the specifications, samples must be furnished free of expense, and if not destroyed in the evaluation process will be returned at the Bidder’s expense upon request. Request for the return of samples must accompany the sample and must include a UPS/Fed-Ex Pickup Slip, postage, or other acceptable mode of return. Individual samples must be labeled with Bidder’s name, invitation number, item reference, manufacturer’s brand name and number. 17. REGULATORY COMPLIANCE Each Bidder represents and warrants that the goods or services furnished hereunder (including all labels, packages and containers for said goods) comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State, and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act as amended, with respect to design, construction, manufacture, or use for their intended purpose of said goods or services. Each Bidder must furnish a “Material Safety Data Sheet” in compliance with the Illinois Toxic Substances Disclosure to Employees Act when required. INSTRUCTIONS TO BIDDERS 6 18. PRICING The price quoted for each item is the full purchase price, including delivery to destination, and includes all transportation and handling charges, materials or service costs, patent royalties, and all other overhead charges of every kind and nature. Unless otherwise specified, prices shall remain firm for the contract period. 19. DISCOUNTS Prices quoted must be net after deducting all trade and quantity discounts. Where cash discounts for prompt payment are offered, the discount period shall begin with the date of receipt of a correct invoice or receipt or final acceptance of goods, whichever is later. 20. INSPECTION Materials or equipment purchased are subject to inspection and approval at the City’s destination. The City reserves the right to reject and refuse acceptance of items which are not in accordance with the instructions, specifications, drawings or data of Seller’s warranty (express or implied). Rejected materials or equipment shall be removed by, or at the expense of, the Seller promptly after rejection. 21. BIDS AND PLAN DEPOSITS A. When required on the cover sheet, all bids shall be accompanied by a bid deposit in the amount specified. Bid deposits shall be in the form of cash, a certified check, or cashier's check drawn on a responsible bank doing business in the United States and shall be made payable to the City of Evanston. Bid Bonds are also acceptable. All bids not accompanied by a bid deposit, when required, will be rejected. B. Within 20 days after the bid date the City will return the bid deposits of all but the 3 lowest qualified Bidders, whose deposit will be held until contract award or at the expiration of the sixty-day or ninety-day period for bid award. C. The bid deposit of the successful Bidder will be retained until contract documents have been executed and the Contractor has submitted all the required information. Failure to comply with the terms of this specification may be cause for forfeiture of said deposit. D. When required, plan deposits will be refunded should the plans be returned in good condition within 10 days of the bid opening. 22. DISPUTES Any dispute concerning a question of fact arising under this bid shall be decided by the Purchasing Specialist, who shall issue a written decision to the Bidder. The decision of the Purchasing Specialist shall be final and binding. 23. CATALOGS Each Bidder shall submit, when requested by the Purchasing Specialist, catalogs, descriptive literature, and detailed drawings, fully detailing features, designs, construction, appointments, finishes and the like not covered in the specifications, necessary to fully describe the material or work proposed to be furnished. INSTRUCTIONS TO BIDDERS 7 24. TAXES A. Federal Excise Tax does not apply to materials purchased by the City of Evanston by virtue of Exemption Certificate No. A-208762, Illinois Retailers' Occupation Tax, Use Tax, and Municipal Retailers' Occupation Tax do not apply to materials or services purchased by the City of Evanston by virtue of Statute. B. The City of Evanston is exempt from Illinois Sales Tax by virtue of Exemption Identification number E9998-1750. C. The City’s federal tax ID number is 36-6005870. 25. PERMITS & FEES All Bidders awarded a contract must secure and pay for any licenses required by the City of Evanston. Necessary building permits will be required, but all permit fees will be waived and moneys for same must not be included in any bid. 26. ROYALTIES & PATENTS Seller must pay all royalties and license fees. Seller must defend all suits or claims for infringement of any patent, copyright or trademark rights, and must hold the City harmless from loss on account thereof. 27. LOCAL PREFERENCE POLICY The Evanston City Council reserves the right to award the contract to an Evanston firm if the firm’s bid is within five (5%) percent of the low bid of a non-Evanston firm. 28. POWER OF ATTORNEY An Attorney-In-Fact, who signs any and all of the bond or contract bonds submitted with this bid, must file with each bond a certified and effectively dated copy of their Power of Attorney. These dates should be the same or after the date of the contract. 29. WARRANTY A. The contractor warrants that all goods and services furnished to the City shall be in accordance with specifications and free from any defects of workmanship and materials: that goods furnished to the City shall be merchantable and fit for the City's described purposes, and that no governmental law, regulation, order, or rule has been violated in the manufacture or sale of such goods. B. The contractor warrants all equipment furnished to be in acceptable condition, and to operate satisfactorily for a period of one (1) year from delivery of, or the completion of installation, whichever is latest, unless stated otherwise in the specifications, and that if a defect in workmanship and/or quality of materials are evidenced in this period, the Seller shall remit full credit, replace, or repair at City's discretion immediately, such equipment and/or parts that are defective at no INSTRUCTIONS TO BIDDERS 8 additional cost to the City. C. The contractor warrants to the City that each item furnished hereunder, and any component part thereof, will be new and in conformity with the specifications in all respects, unless otherwise specified, and is of the best quality of its respective kind, free from faulty workmanship, materials, or design, and installed sufficiently to fulfill any operating conditions specified by the City. D. The contractor shall repair or replace any item or component part thereof found not to be in conformity with this paragraph provided the City notified the Seller of such nonconformity within one (1) year after initial use or within eighteen (18) months after delivery, whichever occurs first. In the event Seller fails to proceed diligently to so replace or repair within a reasonable time after receipt of such notice, the City may undertake or complete such replacement or repair for Seller's account, and the seller will be responsible for any additional costs. Acceptance shall not relieve the seller of its responsibility. 30. INCURRED COSTS The City will not be liable for any costs incurred by Bidders in replying to this invitation for bids. 31. VARIANCES Each Bidder must state or list by reference any variations to specifications, terms and/or conditions set forth herein with its bid. 32. INDEMNIFICATION A. The awarded Bidder/Contractor shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Contractor or Contractor’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. B. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Contractor shall be liable for the reasonable costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. INSTRUCTIONS TO BIDDERS 9 C. At the City Corporation Counsel’s option, Contractor must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Contractor of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Project by Contractor must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. D. To the extent permissible by law, Contractor waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Contractor that may be subject to the Illinois Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. E. The Contractor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subcontractors’ work. Acceptance of the work by the City will not relieve the Contractor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. F. All provisions of this Section 32 shall survive completion, expiration, or termination of this Agreement. 33. DEFAULT Time is of the essence as to the awarded contract and, of delivery or acceptable items or rending of services is not completed by the time promised, the City reserves the right, without liability, in addition to its other rights and remedies, to terminate the contract by notice effective when received by Seller, as to stated items not yet shipped or services not yet rendered and to purchase substitute items or services elsewhere and charge the Seller with all losses incurred. The City shall be entitled to recover its attorney’s fees and expenses in any successful action by the City to enforce this contract. 34. GOVERNING LAW This contract shall be governed by and construed according to the laws of the State of Illinois. In the event of litigation, the venue will be Cook County, Illinois. 35. EQUAL EMPLOYMENT OPPORTUNITY A. In the event of the contractor's noncompliance with any provision of the Illinois Human Rights Act or Section 1-12-5 of the Evanston City Code, the contractor may be declared non-responsible and therefore ineligible for future contracts or INSTRUCTIONS TO BIDDERS 10 subcontracts with the City of Evanston, 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 Statute or regulation. B. 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, or age or physical or mental handicap that does not impair ability to work, 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 under utilization. Contractor shall comply with all requirements of City of Evanston Code Section 1-12-5. 2. 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. 3. That, if it hires additional employees in order to perform this contract, or any portion hereof, it will determine that availability (in accordance with the Fair Employment 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. 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 obligations under the Illinois Fair Employment Practices Act and the Fair Employment Practices 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 efforts 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 hereunder. 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 Fair Employment Practices Commission or the contracting agency, and in all respects comply with the Illinois Fair Employment Practices Commission's Rules and regulations for Public Contracts. 6. That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency, the City Manager, the INSTRUCTIONS TO BIDDERS 11 Commission and the Illinois Fair Employment Practices Commission for purposes of investigation to ascertain compliance with the Illinois Fair Employment Practices Act and the Fair Employment Practices Act and the Fair Employment Practices Commission's Rules and Regulations for Public Contract. 7. That it will include verbatim or by reference the provisions of subsections (A) through (G) of this clause in every performance subcontract as defined in Section 2.10(b) of the Fair Employment Practices Commission's Rules and Regulations for Public Contracts so that such provisions will be binding upon every such subcontractor; and that it will also include the provisions of subsections (A), (E), (F), and (G) in every supply subcontract as defined in Section 2.10(a) of the Fair Employment Practices 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 Fair Employment Practices 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. 36. M/W/EBE GOAL The City of Evanston has a goal of awarding 25% of its contracts to Minority- Owned, Women-Owned, and Evanston-based businesses (M/W/EBEs). All Bidders must state the proposed involvement of M/W/EBEs in completing a portion of the services required by the City by completing the attached M/W/EBE forms. Any questions regarding M/W/EBE compliance should be submitted in writing to Sharon A. Johnson, Business Workforce Compliance Coordinator at shjohnson@cityofevanston.org or Tammi Nunez Purchasing Manager at tnunez@cityofevanston.org. 37. LOCAL EMPLOYMENT PROGRAM REQUIREMENTS In an effort to increase hiring of economically disadvantaged Evanston residents on certain City construction projects, the contractor shall comply with the provisions of the City of Evanston’s Local Employment Program Ordinance (LEP) set forth in Section 1-17-1 (C) of the Evanston City Code. The intent of the LEP is to have Evanston residents employed at the construction site as laborers, apprentices and journeymen in such trades as electrical, HVAC, carpenters, masonry, concrete finishers, truck drivers and other construction occupations necessary for the project. Any questions regarding LEP compliance should be submitted in writing to Sharon A. Johnson, Business Workforce Compliance Coordinator at shjohnson@cityofevanston.org or Tammi Nunez Purchasing Manager at tnunez@cityofevanston.org. mailto:shjohnson@cityofevanston.org mailto:tnunez@cityofevanston.org mailto:shjohnson@cityofevanston.org mailto:tnunez@cityofevanston.org INSTRUCTIONS TO BIDDERS 12 NOTE: CITY OF EVANSTON ORDINANCE 60-O-14 AMENDMENT LOCAL EMPLOYMENT PROGRAM (LEP) available on the City website at: Ordinance 60-O-14 Amendment LEP 38. Questions All questions related to this bid document should be submitted in writing to Linda Thomas, Purchasing Specialist at lithomas@cityofevanston.org with a copy to Paul D’Agostino, at pdagostino@cityofevanston.org. Only inquiries received a minimum of seven (7) working days prior to the date set for the opening of bids, will be given any consideration. 39. COORDINATION OF EXISTING SITE WITH DRAWINGS A. Before submitting a bid, bidders shall carefully examine the drawings and specifications, visit the site, and fully inform themselves as to all conditions and limitations. B. Should a bidder find discrepancies in, or omissions from the drawings or specifications, or should be in doubt as to their meaning, the bidder should at once notify the Purchasing Specialist, who will issue necessary instructions to all bidders in the form of an addendum. 40. AFFIRMATIVE ACTION IN SUB-CONTRACTING (EXCERPT FROM RESOLUTION 59-R-73) “Contractor agrees that he shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. At the request of the City, Contractor shall furnish evidence of his compliance with this requirement of minority solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal bids in the light most favorable to said minority businesses. Contractor further affirms that in obtaining his performance and bid bonds, he will seek out and use companies who have records of, and/or who will make commitments to, the bonding of minority contractors on a rate basis comparable to their bonding of similar non-minority contractors. The contractor may be required to submit this evidence as part of the bid or subsequent to it.” 41. COMPLIANCE WITH LAWS A. The bidder shall at all times observe and comply with all laws, ordinances and regulations of the Federal, State, Local and City Governments, which may in any manner affect the preparation of bids or the performance of the contract. 42. QUALIFICATION OF BIDDERS A. All bidders must be qualified in accordance with the instructions, procedures and methods set forth in this specification. https://www.municode.com/library/il/evanston/codes/code_of_ordinances?searchRequest=%7B%22searchText%22:%22Local%20Employment%20Program%20(LEP)%20Ordinance%22,%22pageNum%22:1,%22resultsPerPage%22:25,%22booleanSearch%22:false,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%22contentTypes%22:%5B%22CODES%22%5D,%22productIds%22:%5B%5D%7D&nodeId=TIT1GEAD_CH17PUSALEREPEPR_1-17-1PUGOSE mailto:lithomas@cityofevanston.org mailto:pdagostino@cityofevanston.org INSTRUCTIONS TO BIDDERS 13 B. In awarding contract, City may take into consideration, skill, facilities, capacity, experience, ability, responsibility, previous work, financial standing of bidder, amount of work being carried on by bidder, quality and efficiency of construction equipment proposed to be furnished, period of time within which proposed equipment is furnished and delivered, necessity of prompt and efficient completion of work herein described. Inability of any bidder to meet requirements mentioned above may be cause for rejection of the bid. In addition, if the project covered by this contract is a minority set-aside project, the contractor's qualifications as a minority firm will determine the eligibility of the contractor to bid. 43. COMPETENCY OF BIDDER A. No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the City of Evanston upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said City, or had failed to perform faithfully any previous contract with the City. B. The bidder, if requested, must present within forty eight (48) hours evidence satisfactory to the Purchasing Manager of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications and contract documents. 44. PREFERENCE TO CITIZENS The Contractor shall abide by the Illinois Preference Act, 30 ILCS 570 et seq., which stipulates that whenever there is a period of excessive unemployment in Illinois, defined as any month immediately following two (2) consecutive months during which the level of unemployment in Illinois exceeds five percent (5%) as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers unless otherwise exempted as so stated in the Act. (“Illinois laborer” means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident) Other laborers may be used IF Illinois laborers are not available or are incapable of performing the particular type of work involved if so certified by the Contractor and approved by the project engineer. GENERAL CONDITIONS 14 GENERAL CONDITIONS 1. BASIS OF AWARD The City of Evanston reserves the right to award a contract to a responsive and responsible Bidder(s) who submits the lowest total bid, or to reject any or all bids and bidding, when in its opinion the best interest of the City will be served by such action. The City reserves the right to consider the specified alternates in its evaluation of the bids. 2. BIDS (Lump Sum Bid) A. LUMP SUM BID 1. The bidder is to submit a lump sum bid for each bid line on the Bid Form which includes all costs incidental to performing the specified work. It is understood and agreed that the unit quantities given in the supporting pages are approximate only and the bidder shall verify these quantities before bidding as no claim shall be made against the City on account of any excess or deficiency in the same. 2. Unit prices given in the supporting pages shall be used by the City and the Contractor for any subsequent changes in the contract. 3. QUANTITIES Any quantities shown on the Bid Form are estimated only for bid canvassing purposes, the City has made a good faith effort to estimate the quantity requirements for the Contract term. The City reserves the right to increase or decrease quantities ordered under this contract. 4. CONTRACT TERM Bidder must fully complete the work within the period specified herein after award of the contract by the City. 5. PURCHASE ORDER/CONTRACT A. Upon approval of the required bonds and insurance documents, the City will issue a Purchase Order to the Contractor for the contract amount. All Applications for Payment must reference the Purchase Order number. B. When it is necessary to issue a Change Order that increases/decreases the contract amount, a Change Order form will be issued and a modified Purchase Order will be issued reflecting the revised contract amount. C. When it is necessary to issue a Change Order that only increases/decreases the contract period, only a Change Order form will be issued establishing the revised contract period. GENERAL CONDITIONS 15 D. Upon Award the contractor shall execute the Contractor Services Agreement. 6. PAYMENT A. Progress payments will be made in accordance with “Applications for Payment” and “Project Closeout” sections of the specifications, less a 10% retainage for each payment, which will be held until final acceptance of the work by the City. Certification of each Application for Payment will be made by the City’s representative. B. All payments will be made in accordance with Illinois Local Government Prompt Payment Act. 7. DECISIONS TO WITHHOLD CERTIFICATION FOR PAYMENT A. The City may not certify payment and may withhold payment in whole or in part, to the extent reasonably necessary to protect the City, if the quality of the work is not in accordance with the contract documents. If the City is unable to certify payment in the amount of the invoice, the City will promptly issue payment for the amount of the Work completed in accordance with the contract documents. The City may not certify payment due to any contractor negligence or contract non-compliance. a. Defective work not remedied b. Third party claims filed or reasonable evidence indicating probable filing of such claims c. Failure of Contractor to make payments properly to Subcontractors for labor, materials or equipment d. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum e. Damage to the City or another contractor f. Reasonable evidence that the work will not be completed within the Contract period and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay g. Persistent failure to carry out work in accordance with the Contract Documents. 8. CHANGES IN WORK A. The City reserves the right to make changes in the plans and specifications by altering, adding to, or deducting from the work, without invalidating the contract. All such changes shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. B. No change shall be made unless a written Change Order and/or modified Purchase Order is issued by the City stating that the City has authorized the change, and no claim for an addition to the contract shall be valid unless so ordered. C. If such changes diminish the quantity of work to be done they shall not constitute a claim for damage or anticipated profits on the work, such increase shall be paid in GENERAL CONDITIONS 16 one or more of the following ways: 1. by estimate and acceptance in lump sum 2. by unit prices named in the contract’s bid form or subsequently agreed upon D. Whenever the quantity of any pay item as given in the proposal shall be increased or decreased, payment shall be made on the basis of the actual quantity completed at the unit price for such pay item named in the proposal. 9. DEDUCTION FOR UNCORRECTED WORK If the City deems it expedient to correct work damaged or not done in accordance with the contract, the difference in value, together with a fair allowance for damage shall be deducted from the contract amount due. The value of such deduction shall be determined by the City. 10. CITY’S RIGHT TO TERMINATE CONTRACT The City reserves the right, in addition to other rights to termination, to terminate the contracts in accordance with all provisions of the executed contract. 11. LIENS A. Neither the final payment nor any part of any retained percentages, shall become due until the contractor, if required, delivers to the City, a complete release of all liens arising out of this contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as it has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed. If any lien remains unsatisfied after all payments are made the contractor shall refund to the City all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and attorney's fees. 12. SEPARATE CONTRACTS A. The City reserves the right to let other contracts in connection with this work. The contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his or her work with theirs. If any part of the contractor's work depends on proper execution or results upon the work of any other contractor, the contractor shall inspect and promptly report to the City any defects in such work that render it unsuitable for such proper execution and results. His or her failure to so inspect and report shall constitute an acceptance of other contractor's work as fit and proper. B. To insure the proper execution of his or her subsequent work, the contractor shall measure work already in place and shall at once report to the City any discrepancy between the executed work and the drawings which will affect his or her work. GENERAL CONDITIONS 17 13. PROTECTION & SAFEGUARDS A. Unless otherwise specified, the contractor, as a part of this contract, shall provide, erect and maintain temporary roads, fences, bracing, lights, warning signs, barricades, etc. necessary for the protection of the construction materials, adjacent property and the public. B. The contractor shall contact all utilities which will be affected by its operations and notify the owners of the utilities of its operations and their limits within forty-eight (48) hours prior to beginning construction. The contractor shall be responsible for damage to utilities and shall, at his or her own expense, restore such property to a condition equal to that which existed before its work, as may be directed by the owners. C. The contractor shall protect all work and unused materials of this contract from any and all damage and shall be solely responsible for the condition of such work and materials. 14. MATERIAL STORAGE A. On-site areas may be designated for material/equipment storage. The contractor will assume all risk and liability associated with the storage of material/equipment at on-site locations. 15. CLEANING UP A. The contractor shall at all times keep the premises free from accumulation of waste material or rubbish caused by its employees or work and at the completion of the work it shall remove all its rubbish, tools, and surplus materials from the premises, leaving the area in a neat and workmanlike condition. In case of dispute, the City may remove the rubbish and charge the cost to the contractor. B. Contractor recognizes that proper cleanup and removal of construction debris is an important safety consideration. The Contractor shall be solely responsible for daily construction site/area cleanup and removal of all construction debris in accordance with City-approved disposal practices. Contractor shall be solely responsible for identifying and removing at its expense all hazardous material and waste which it uses and generates. 16. RESTORATION OF SITE A. Prior to final payment, contractor shall fully restore all property disturbed or damaged during the course of this work. This includes, but is not limited to public property, (walks, curbs, roadways, trees, etc.) private property, and utilities. This shall also include removal of temporary facilities erected during the course of this contract and restoration of these areas. B. All restoration work shall be subject to the approval of the City and shall restore the property to a condition at least equal to that existing prior to the start of this contract. GENERAL CONDITIONS 18 C. All restoration work of property damaged by contractor shall be accomplished at the sole expense of the contractor. 17. PREVAILING WAGE A. Prospective Bidders shall thoroughly familiarize themselves with the provisions of the above-mentioned Act and shall prepare any and all bids/bids in strict compliance therewith. B. All contractors and subcontractors on public works projects must submit certified payrolls on a monthly basis to the City’s project manager and business work force development coordinator, along with a statement affirming that such records are true and accurate, that the wages paid to each worker are not less than the required prevailing rate and that the contractor is aware that filing records her or she knows to be false is a Class B misdemeanor. C. The certified payroll record must include for every worker employed on the public works project the name, address, telephone number, social security number, job classification, hourly wages paid in each pay period, number of hours worked each day, and starting and ending time of work each day. These certified payroll records are considered public records and public bodies must make these records available to the public under the Freedom of Information Act, with the exception of the employee’s address, telephone number and social security number. Any contractor who fails to submit a certified payroll or knowingly files a false certified payroll is guilty of a Class B misdemeanor. D. All certified payrolls shall be submitted in electronic format, preferably a PDF file. E. As a condition of receiving payment, Contractor must (i) be in compliance with the Agreement, (ii) pay its employees prevailing wages when required by law (Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services). Contractor is responsible for contacting the Illinois Dept. of Labor 217-782-6206; http://www.illinois.gov/idol/Laws- Rules/CONMED/Pages/Rates.aspx to ensure compliance with prevailing wage requirements), (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the City upon request. 18. CONTRACTOR REQUIREMENTS A. The Contractor shall abide by and comply with all local, State and federal laws and regulations relating to contracts involving public funds and the development/construction of public works, buildings, or facilities. The scale of wages to be paid shall be obtained from Illinois Department of Labor and posted by the Contractor in a prominent and accessible place at the project work site. B. The Contractor certifies it has not been barred from being awarded a contract with a unit of State or local government as a result of bid rigging or bid rotating or any http://www.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx http://www.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx GENERAL CONDITIONS 19 similar offense (720 ILCS 5/33 E-3, E-4). C. The Contractor certifies, pursuant to the Illinois Human Rights Act (775 ILCS 5/2- 105), that it has a written sexual harassment policy that includes, at a minimum, the following information: (1) the illegality of sexual harassment, (2) the definition of sexual harassment under State law, (3) a description of sexual harassment utilizing examples, (4) the Contractor’s internal complaint process including penalties, (5) legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and directions on how to contact both; and (6) protection against retaliation as provided by Section 6- 101 of the Illinois Human Rights Act. D. The Contractor shall abide by the “Illinois Preference Act” which stipulates that whenever there is a period of excessive unemployment in Illinois, defined as any month immediately following two (2) consecutive months during which the level of unemployment in Illinois exceeds five percent (5%) as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers unless otherwise exempted as so stated in the Act. (“Illinois laborer” means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident) Other laborers may be used IF Illinois laborers are not available or are incapable of performing the particular type of work involved if so certified by the Contractor and approved by the project engineer. 19. SUBCONTRACTORS A. 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 or an employee) 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 under which any portion of the Contractor’s obligation under any one or more Contracts is performed, undertaken or assumed. B. The Bidder is specifically advised that any person, firm or party, to whom it is proposed to award a Subcontract under this contract must be acceptable to the City. Approval for the proposed Subcontract Award cannot be given by the City until the proposed Subcontractor has submitted evidence showing that it has fully complied with any reporting requirements to which it is, or was, subject. C. The contractor, shall, within ten (10) days after award of the Contract, submit to the City in writing, names and addresses and respective amounts of money for proposed contracts with Subcontractors/major suppliers. The City will review and may direct the Contractor that they shall not employ any that are not acceptable as provided above. D. The subcontractor shall abide by and comply with all local, State and federal laws GENERAL CONDITIONS 20 and regulations relating to contracts involving public funds and the development/construction of public works, buildings, or facilities. 20. PAYMENTS TO SUBCONTRACTORS A. Within seven days after the receipt of amounts paid by the City for work performed by a subcontractor under this contract, the Contractor shall either: 1. Pay the Subcontractor for the proportionate share of the total payment received from the City attributable to the work performed by the Subcontractor under this contract; or, 2. Notify the City and Subcontractor, in writing, of his intention to withhold all or a part of the Subcontractor's payment and the reason for non-payment. B. The Contractor shall pay interest to the Subcontractor on all amounts owed that remain unpaid beyond the seven day period except for amounts withheld as allowed in item 2 above. C. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month. D. The Contractor shall include in each of its subcontracts a provision requiring each Subcontractor to include or otherwise be subject to the same payment and interest requirements as set forth above with respect to each lower-tier subcontractor. E. The Contractor's obligation to pay an interest charge to a Subcontractor pursuant to this provision may not be construed to be an obligation of the City. 21. BOND – PERFORMANCE, MATERIAL, & LABOR A. When required by the specifications herein, the successful Bidder or Bidders shall, within ten (10) calendar days after acceptance of the Bidder's bid by the City, furnish a performance bond for 110% of the full amount of the contract from insurance companies having not less than A+ Policyholders Rating from the most recent Alfred M. Best and Co., Inc. listing available. Certification of the insurance company's rating shall be provided prior to contract implementation and quarterly thereafter until contract completion. Should such rating fall below the required A+ level during performance of the contract, it will be the contractor's responsibility to notify the City and provide a new bond from an insurance company whose rating meets the City's requirements. B. When required by the specifications herein, all Bidders shall submit with the bid a bid bond. A letter of credit may be furnished in lieu of a bid bond only if the following conditions are met: 1) An irrevocable letter of credit must be obtained from an accredited bank which shall include an agreement that the bank will honor a demand by the City for payment due to Plaintiff failure to complete the project. 2) An irrevocable letter of credit must be in writing and signed by an authorized GENERAL CONDITIONS 21 representative of the bank. 3) The irrevocable letter of credit must expressly state that it is irrevocable until the bid has been awarded. 4) The letter of credit must be for the percentage specified in the bid documents. C. The City may reject the use of an irrevocable letter of credit if the financial soundness of the issuing bank is found to be unacceptable. D. In the event that the Bidder fails to furnish a performance bond in said period of ten (10) calendar days after acceptance of the Bidder's bid by the City, the City may withdraw its acceptance of the bid and retain the Bidder's deposit as liquidated damages and not as a penalty. E. If the contractor has more than one project for which there is a contract with the City of Evanston the contractor shall provide a separate Performance Bond for each project. 22. INDEMNITY A. The Contractor shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Contractor or Contractor’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. B. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Contractor shall be liable for the reasonable costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. C. At the City Corporation Counsel’s option, Contractor must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Contractor of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Project by Contractor must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. D. To the extent permissible by law, Contractor waives any limits to the amount of GENERAL CONDITIONS 22 its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Contractor that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Worker Compensation Act, the Illinois Pension Code or any other statute. E. The Contractor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subcontractors’ work. Acceptance of the work by the City will not relieve the Contractor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. 23. CONTRACTOR’S LIABILITY INSURANCE A. THE CONTRACTOR SHALL NOT COMMENCE WORK UNDER THIS CONTRACT UNTIL THEY HAVE OBTAINED ALL INSURANCE REQUIRED HEREIN AND SUCH INSURANCE HAS BEEN APPROVED BY THE CITY. Nor shall the contractor allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. The City of Evanston shall be named as an additional insured on the policy of the contractor for whatever the policy limits are for the contractor, but in no event shall the Comprehensive General Liability limits be less than $3,000,000.00. C. If the contractor has more than one project for which he has a contract with the City of Evanston there shall be separate Certificates of Insurance naming the City as an additional insured on each separate policy. D. In the event of accidents, injuries, or unusual events, whether or not any injury occurred, the contractor shall promptly furnish the City with copies of all reports of such incidents. E. The contractor shall furnish one (1) copy of a certificate, with the City named as an additional insured, showing the following minimum coverage with insurance company acceptable to the City. 24. PRE-CONSTRUCTION MEETING A. A pre-construction meeting will be scheduled for the successful Contractor at a date immediately following awarding of the Contracts. 25. LIQUIDATED DAMAGES A. The Contractor must commence work within 10 days of notice from the City and the work must be completed by September 15, 2020. In the event the work is not GENERAL CONDITIONS 23 substantially completed by September 15, 2020, then in addition to any remedies available to the City, the Contractor will pay to the City the sum of Five Hundred Dollars per day for each calendar day beyond those dates, until substantial completion of the work has been achieved. This payment is for liquidated damages, in addition to any other damages that may be incurred by the City, and not as a penalty. All such liquidated damages may be set-off against any moneys that may be due the contractor. B. Substantial Completion shall be defined as the stage in the progress of the work when the work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the work for its intended use. Substantial Completion will be certified by the issuance of a Certificate of Substantial Completion, to be issued by the City’s representative, when the Contractor has satisfied the above statement and billed the City for a minimum of 90% of the total value of the work. 26. EXTENSION OF TIME A. Delays due to causes beyond the control of the contractor other than such as reasonable would be expected to occur in connection with or during the performance of the work, may entitle the contractor to an extension of time for completing the work sufficient to compensate for such delay. No extension of time shall be granted, however, unless the contractor shall notify the City in writing thereof, within ten (10) days from the initiation of the delay and unless he shall, within ten (10) days after the expiration of the delay, notify the City in writing of the extension of time claimed on account thereof and then only to the extent, if any, allowed by the City. 27. DEFAULT A. The City may, subject to the provisions of this section, by written notice of default to Contractor, terminate the whole or any part of this contract in any one of the following circumstances: 1. if the Contractor fails to perform the services within the time specified herein, or any extension thereof; or 2. if the contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure failure within a period of 10 days (or such other extended period as the City may authorize in writing) after receipt of notice from the City specifying such failure B. In the event the City terminates this contract in whole or in part as provided in this section, the City may procure, upon such terms and in such manner as the City may deem appropriate, services similar to those so terminated, and the Contractor will be liable to the City for any excess costs for such similar services. GENERAL CONDITIONS 24 C. The Contractor will not be liable for any excess of costs if acceptable evidence has been submitted to the City that the failure to perform the contract was due to causes beyond the control and without fault or negligence of the Contractor. D. Contractors who default may not be considered for awards of future City contracts. 28. USE OF PREMISES A. The contractor shall confine his apparatus, the storage of materials and the operations of his workers, to limits indicated by law, ordinances, permits or directions of the City. 29. DISCLOSURES AND POTENTIAL CONFLICTS OF INTEREST (30 ILCS 500/50-35) A. The City of Evanston’s Code of Ethics prohibits public officials or employees from performing or participating in an official act or action with regard to a transaction in which he has or knows he will thereafter acquire an interest for profit, without full public disclosure of such interest. This disclosure requirement extends to the spouse, children and grandchildren, and their spouses, parents and the parents of a spouse, and brothers and sisters and their spouses. To ensure full and fair consideration of all bids, the City of Evanston requires all Bidders including owners or employees to investigate whether a potential or actual conflict of interest exists between the Bidder and the City of Evanston, its officials, and/or employees. If the Bidder discovers a potential or actual conflict of interest, the Bidder must disclose the conflict of interest in its bid, identifying the name of the City of Evanston official or employee with whom the conflict may exist, the nature of the conflict of interest, and any other relevant information. The existence of a potential or actual conflict of interest does NOT, on its own, disqualify the disclosing Bidder from consideration. Information provided by Bidders in this regard will allow the City of Evanston to take appropriate measures to ensure the fairness of the bidding process. The City of Evanston requires all bidders to submit a certification, enclosed with this bid packet, that the bidder has conducted the appropriate investigation and disclosed all potential or actual conflicts of interest. By submitting a bid, all Bidders acknowledge and accept that if the City of Evanston discovers an undisclosed potential or actual conflict of interest, the City of Evanston may disqualify the Bidder and/or refer the matter to the appropriate authorities for investigation and prosecution. INSURANCE REQUIREMENTS 25 INSURANCE REQUIREMENTS TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Bodily Injury and Consequent Death Property Damage Each Occurrence Aggregate___ Commercial General Liability including: $3,000,000 $3,000,000 1. Comprehensive form 2. Premises - Operations 3. Explosion & Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Insurance – With Insurance Certificate Must State: an endorsement on the The City Of Evanston is Named face of the certificate as Additional Insured that it includes the "Indemnity" paragraph of the specifications. 7. Broad Form Property Damage - construction projects only 8. Independent contractors 9. Personal Injury Automobile Liability Owned, Non-owned or Rented $ 1,000,000 $1,000,000 Workmen's Compensation and Occupational Diseases As required by applicable laws. Employer's Liability $ 500,000 Thirty day notice of cancellation required on all certificates. 26 TECHNICAL SPECIFICATIONS SCOPE OF WORK The Contractor shall furnish all labor, supervision, supplies, tools, equipment and other means necessary or proper for performing and completing the work, and shall obtain any and all required permits. The Contractor shall also be responsible for cleaning up each job site and shall repair or restore all structures and property that is damaged or disturbed during the performance of the work to the satisfaction of the City of Evanston. Any and all damage must be reported on a daily basis to the Public Works Agency Director or his designee. GENERAL The specifications set forth in the following paragraphs pertain to providing a preventative treatment for Dutch Elm Disease (DED) in parkway and other publicly owned trees. Any elms determined by the Public Works Agency Director or his designee, or the Contractor, to have Dutch Elm Disease before proposed treatment will not be treated under this contract. EXTENSION OF BID PRICE FOR WORK ON PRIVATE PROPERTY All successful bidders must be willing to offer their bid price (cost per diameter inch) to any interested City of Evanston resident who wishes to treat a tree in a similar manner on their private property within the period of this contract. Failure to offer the same bid price will be grounds for rejecting the bid. BIDDER’S QUALIFICATION It shall be required that each proposal furnished to the City of Evanston, include as part of the proposal, the names of at least four (4) municipal government references in the Chicagoland area in which the bidder’s organization has performed similar tree care work under a government contract within the last three (3) years. A form is attached for this purpose. LOCATIONS AND QUANTITY OF WORK The trees to be injected will be plainly identified by the City of Evanston by street address or Park name with accompanying maps. Each work order will provide for the injection of trees located in a specific section (6 total) of the City of Evanston. The quantity indicated on the proposal form is an estimated quantity. The City of Evanston reserves the right increase or decrease this amount based on the variables listed in these specifications. No part of the Agreement amount shall cover the additional cost of preparing the tree(s) for injection or any other mode of DED treatment or sanitation. Injections are assigned and administered as three-season preventive treatments. Curative treatments will be provided 27 only under the written approval and direction of the Public Works Agency Director or his designee. American elm (Ulmus americana) trees and select Red elm (Ulmus rubra) trees will be the only species to be considered for injection under this contract. For preventive treatment, the Public Works Agency Director or his designee may need to determine the presence of Dutch Elm Disease (DED) and may confirm the diagnosis with laboratory tests or on-site twig examination. Also, the Public Works Agency Director or his designee, in agreement with the contractor, will designate a tree as safe from root graft infection when necessary. TIMING OF INJECTIONS The injection period will run from approximately June 1 through September 15, 2017. Injections will occur to trees that have exuded full leaf size and have not reached fall senescence. Timing is critical to the success of this project. All trees must be injected within the time frame listed in the Contractor’s proposal. INJECTION PROCEDURE REQUIREMENTS The Contractor will be required to supply all equipment and supplies incidental to injections with “Arbotect 20-S” in the manner set forth on the label as specified for a three-year preventative treatment. The Contractor is responsible for providing an injection system capable of proportioning the proper “Arbotect to water” ratio using a macro infusion high volume electric pump designed to provide even and consistent pressure not exceeding 20 PSI during treatments. Injection tees should fit into holes consisting of the following size: inject size 15/64 of an inch diameter, with the holes drilled into the root flares no more than one inch deep, using drill stops at one inch, and using the pre-calculated length as per manufacturer’s procedures. All holes drilled for injection sites will be drilled with a sharp, high helix drill bit, and will be eight to ten inches below the top of the root flare. Drill bits are to be replaced as required (a minimum of once every 10 trees) to prevent cauterization of wounds and minimize injury to the tree during drilling. Excavate all sod and soil from the base of the tree, finishing with a brush to the drill sites to prevent excessive dulling of drill bits. The excavated area should extend up to one foot away from the base of the tree, and may be from 8 to 12 inches deep, depending upon the accessibility of the root flares. Determining injection dosage for single and multiple stem trees: • Measure the Diameter at Breast Height (DBH) of the tree at 4’6” above the soil line with a diameter tape (D-tape). If using a standard measuring tape, divide the circumference measurement by 3.14 to get the diameter. • Single Stem – measure the standard DBH of the tree. • Multiple Stem Split Below DBH – measure the DBH of stem individually at 4’6” above the ground and add all measurements together to obtain the total DBH. The project is to be completed under the direction of the Public Works Agency Director or his designee, and the viability of all Arbotect 20-S fungicide used and the method of 28 performing the work shall, at all times, be subject to review by the Public Works Agency Director or his designee. The Public Works Agency Director or his designee shall have the authority to decide questions which arise as to quality and acceptability of materials furnished and work performed. ARBOTECT 20-S MACRO INFUSION INJECTION RATE For three growing season preventive injections as proposed, the required Arbotect amount will be 12 ounces per 5 inches Diameter Breast Height (DBH) or 2.5 fl. oz./inch of DBH. Use a three-quarter rate of 9 ounces per 5 inches or 1.9 fl. oz./inch of DBH for those trees listed with reduced canopy size and for any red elm (Ulmus rubra) to avoid phytotoxic responses. This mixture ratio will be diluted at the rate of 2 ounces of Arbotect 20-S into one gallon of clean water. It is extremely important to use high quality water. Water of poor quality (dirty, high pH, etc.) may significantly compromise uptake. Arbotect 20-S will form a white precipitate in the water solution when mixed with high pH water. • Test the quality of the water by combining proportional amounts of Arbotect 20-S and water in a clear measuring cup. • If a white precipitate forms the water must be deionized or Muriatic Acid can be added to reduce the pH of the water. Add Muriatic Acid at the rate of 1 fl. oz. per 6 gallons of solution. • Using hard or dirty water will not only plug pump filters, screens and injection tees but also negatively impact the uptake of the solution. POST-TREATMENT All trimmings, sod or any other form of debris resulting from this project or any work resulting from said project will be cleaned up and immediately removed from the site by the Contractors. Any holes or depressions left in the general injection work areas shall be filled with soil equal to or better than adjacent areas. No brush chips, stump grindings, etc. shall be used as filler in such holes. ASSIGNMENT OF CONTRACT A. It is the intent of the City of Evanston to award an agreement for American and Red elm tree injections in the City as set forth on the attached proposal form. The City of Evanston also reserves the right to enter into agreement(s) with the second, third and successive low bidders if deemed advantageous to the City of Evanston. The lowest responsive and responsible bidder, however, will receive the first work orders within specific areas to the extent that he/she demonstrates the ability to fully perform, including compliance with the provisions of this specification and the applicable provisions of the State Department of Agriculture rules regarding pesticide use. 29 B. The low bidder(s) shall be determined by comparing total bid prices derived from multiplying the total number of diameter inches to be injected by the cost per inch provided in the bid. C. The award of low bid will be made in the best interest of the City of Evanston. It shall be based on, but not limited to, the following factors: 1. Total Price bid. 2. Rate of proposed injections per week. 3. Compliance with the “Qualifications of Bidders” provisions as set forth in the Instructions to Bidder. 4. Prior experience with the City of Evanston with regard to services offered, capability to meet contract provisions and appropriate deadlines. Any subcontractors shall be regarded as agents for the Contractor and the latter shall be responsible for all work and material furnished and all indebtedness incurred by such agents. BASIS OF PAYMENT Payment will be based on the diameter in inches of each tree treated. The diameter shall be the Diameter at Breast Height, also known as DBH, as measured from 4.5 feet above ground level. In the case of sloping ground, the point of measure of the diameter shall be at an average distance of 4.5 feet above the ground line. If the tree is forked at a point less than 4.5 feet above the ground, the diameter will be measured just below the fork. If there is a clump of multiple stems each arising from the ground, each stem will be measured individually at 4.5 feet above ground level. The City of Evanston reserves the absolute right to increase or decrease the quantity of work originally estimated in the Agreement. Regardless of the final scope of the Agreement, payment to the Contractor will be made on the bases of unit prices as stated in the proposal along with adjustments referred to herein. CONTRACTOR’S REPRESENTATIVE The Contractor shall maintain the applicable current pesticide license in accordance with the Illinois Department of Agriculture requirements. The contractor shall also provide a designated, on-site Supervisor, who is an International Society of Arboriculture Certified Arborist. This Supervisor shall have full authority to act for the Contractor and to receive and execute orders from the Public Works Agency Director or his designee. Any instructions given to such Supervisor or person executing work for the Contractor shall be binding on the Contractor as though given to him personally. The designated Supervisor must be proficient in the use and interpretation of the English language. All injection sites must be monitored continuously during the actual treatments. At no time will the contractor be allowed to leave any tree being injected unattended. 30 CONTRACTOR’S RESPONSIBILITY The Contractor shall furnish all necessary machinery, tools, labor and materials required, and shall fully complete the work in accordance with the Agreement. The entire work to be performed under the Agreement is to be at the Contractor’s risk, and he is to assume the responsibility for all damages to the work or to the entire project until its completion and acceptance. It shall be the Contractor’s responsibility to maintain all states of work in a safe and suitable condition at all times, including nights, weekends, and holidays. The Contractor shall make observations of his work during such periods as are necessary to insure proper performance thereof. The Contractor shall designate one person who shall have charge of the job and to whom the Public Works Agency Director or his designee shall give directions. Precautions shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of all applicable laws shall be observed. PROTECTION OF THE WORK Where the work is carried on, in, or adjacent to, any street, alley or public place, the Contractor shall at his own expense furnish and erect such barricades, fences, lights and danger signals and shall provide such flagmen and shall take such other precautionary measures for the protection of persons and property, and of the work, as are necessary. When a detour is necessary, because a street is blocked off by the work, the City Traffic Engineer shall designate its route and the Contractor shall furnish and post detour signs to type and sizes as required by the City of Evanston, at places designated by said Traffic Engineer. PROTECTION AND RESTORATION OF PROPERTY The Contractor shall not enter upon private property without having previously obtained permission from the City of Evanston and the Owner. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubs, plants, lawns, fences, culverts, bridges, pavement, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. Any adjacent shrubs, trees or other growth receiving or sustaining breakage, injury or other damage during the injection program shall be given remedial or corrective treatment and clean-up. The Contractor must immediately report any and all damage to any private property to the Public Works Agency Director or his designee, along with the proposed corrective measures to be taken. The Contractor shall notify the proper representatives of any public utility, corporation and company or individual, not less than forty eight hours in advance of any work which may damage or interfere with the operation of their or his property along or adjacent to the work. 31 The Contractor shall be responsible for all damages or injury to property of any character resulting from any act, omission, neglect or misconduct in the manner or method of executing the work, or due to non-execution of the work, or at any time due to defective work or materials. The Contractor shall restore, or have restored at his own cost and expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or shall make good such damage from injury in a manner acceptable to the Owner and the City of Evanston. In case of failure on the part of the Contractor to restore such property and to make good such damage or injury, the City of Evanston may give written notice under ordinary circumstances and without notice when a nuisance or hazardous condition results, property to repair, rebuild or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any monies due to the Contractor under this Agreement and if not so deducted, the Contractor will be obligated to forthwith reimburse the City of Evanston for the cost thereof. The City of Evanston shall be indemnified and saved harmless from any suit or expense claim brought for or on account of any damage, maintenance, removal, and/or replacement or relocation of mains, conduits, pipes, poles, wires, cable or such other structures of private utility firms or corporation, whether underground or overhead, that may be caused or required by the Contractor during the time the work is in progress. TIME OF WORK The Contractor shall only be allowed to work on weekdays (Monday through Friday) from 7:00 A.M. to 5:00 P.M. No other times are allowed except as authorized by the City of Evanston. No weekend work shall be allowed unless prior written approval by the City of Evanston is obtained. No work will be allowed on legal holidays as recognized by the City of Evanston. PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS AND RIGHT-OF-WAY For the performance of the Agreement, the Contractor will be permitted to occupy such portions of streets or alleys, or other public places, or other right-of-ways, as permitted by the City of Evanston, and with proper traffic warnings and controls. Vehicular access must be maintained at all times in at least one direction, unless a formal detour has been previously approved. Where the work encroaches upon any right-of-way of any railway or State or County Highway, the Contractor shall observe all the regulations and instructions of the Railway Company and Highway Department as to methods of doing the work, or precautions for safety of property and the public. All negotiations with the Railway Company and Highway Department shall be made by the Contractor at his expense. 32 Under no circumstances shall any motorized equipment other than approved turf maintenance equipment be permitted to be driven on the parkways, driveways, public walks, or any private property while performing work under the provisions of this contract. NOISE ELIMINATION The Contractor shall eliminate noise to as great an extent as possible at all times. The exhaust of all gasoline motors and other power equipment shall be provided with mufflers in accordance with current government regulations. DELAYS The Contractor herewith specifically waives claims for damages for any hindrance or delay. Shutdowns due to improper work or otherwise due to the Contractor’s operations, are not cause for extension of time. The Contractor and/or his subcontractor(s) must perform at the proposed rate of injections and must maintain the ability to perform at that level throughout the effective period of the Contract. Failure to meet these requirements shall be basis for executing the penalty provisions of this Agreement; rejection of bid or forfeiture of Agreement. FAILURE TO COMPLETE WORK ON TIME Should the contractor fail to complete the work on or before the original date set forth for completion in the work order, the City of Evanston may permit the Contractor to proceed, and in such case there shall be deducted from any monies due or that may become due the Contractor ten percent (10%) of the unit price for each tree on that work order. This sum shall be considered and treated, not as a penalty, but as liquidated damages. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time of completion may have been executed, shall in no way operate as a waiver on the part of the City of Evanston of any of its rights under the Agreement. Neither by the taking over of the work by the City of Evanston, nor by the termination of the Agreement, shall the City of Evanston forfeit the right to recover liquidated damages from the Contractor. If the Contractor should neglect to proceed with the work properly, or fail to perform any provisions of the Agreement, the City of Evanston, after written notice to the Contractor, may without prejudice to any other remedy the City of Evanston may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to Contractor. DEDUCTIONS 33 The City of Evanston may withhold from payment to the Contractor such an amount or amounts as may be necessary to cover: a. Defective work not remedied. b. Claims for labor or materials furnished the Contractor or subcontractor, or reasonable evidence indicating probable filing of. c. Failure of the Contractor to make payments properly to subcontractors, material suppliers, or labor furnished to others. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. e. Evidence of un-remedied damage to private or public property. FORFEITURE OF CONTRACT If at any time the Public Works Agency Director or his designee is of the opinion that the work is unnecessarily delayed, and will therefore not be finished within the prescribed time, he shall notify the Contractor, in writing, to that effect. If the Contractor does not take such measures as will, in the judgment of the Public Works Agency Director or his designee, ensure the satisfactory completion of the work, the Public Works Agency Director or his designee may then notify the said Contractor to discontinue all work under the Agreement for this project, and the Contractor shall immediately respect such notice and stop work, and cease to have any rights to the possession of the grounds. The City of Evanston may thereupon re-let the Agreement or employ such forces as it deems advisable to complete the work, and charge the cost of all labor and materials necessary for such completion to the Contractor, and the amount so charged shall thereafter become due, to the Contractor under and by virtue of the Contract for this improvement. In case such amount so paid by the City of Evanston is less than the sum which would have been payable to the Contractor if the Agreement had been fulfilled by him, then said Contractor shall be entitled to receive the full difference and in case such amount is greater, the said Contractor shall pay to the City of Evanston the amount of such excess so due. If the contractor shall assign the Agreement for this improvement without the written consent required above, or shall abandon the work thereon, or shall neglect or refuse to comply with these specifications and the instructions of the Public Works Agency Director or his designee, relative thereto and with the ordinances of the City of Evanston, the City of Evanston shall have the right to annul and cancel said Agreement and to re-let the work, or any part thereof, and such annulment shall not entitle the Contractor to any claim for damages on account thereof, nor shall it affect the right of the City of Evanston to recover damages which may arise from such failure. COMPLETION OF CONTRACT AND INSPECTION 34 After completing the work as detailed in the Agreement, the Contractor shall immediately submit to the Public Works Agency Director or his designee in writing a billing for the work order amount as a notice of completion of the project. The Public Works Agency Director or his designee will make final inspection of all work included in the work order as soon as practicable after notification by the Contractor that such work is completed. If such work is not acceptable at the time of inspection, the Contractor will be notified in writing as to the particular defects to be remedied before such work can be accepted. If, within a period of three working days after such notification, the Contractor has not taken steps to promptly complete the work as directed, the City of Evanston may without further notice and without in any way impairing the Agreement, make such other arrangements as may be deemed necessary to have such work completed in a satisfactory manner. The cost of completing such work shall be deducted from any monies due, or which may become due the Contractor on the Agreement. If the Contractor claims that any instructions, latent conditions or otherwise, involves extra cost under this Agreement, a claim for the extra cost must be submitted in writing within ten days after such obstruction or observance of conditions, and in any event, before proceeding to execute this work, except in an emergency endangering life or property, and the procedure shall then be as provided, for changes in the work. Claims made after this time, or not made in writing will be refused and no claim shall be valid unless so made. CONTRACT PERIOD The Agreement shall commence on date of Agreement and terminate on September 15, 2020, unless terminated sooner in accordance with the provisions contained herein. The City of Evanston reserves the option, under the terms of the Agreement with the successful Contractor(s), to extend the Contract(s) for an additional period. Such terms must be agreed to, in writing, by both the City of Evanston and the Contractor. ASSIGNMENT OF WORK At the time of award of the contract, a Purchase Order number will be assigned to the Contractor who shall record this number on all invoices and statements submitted to the City of Evanston for payment. The work order shall be the Contractor’s notice to proceed. Individual work lists for elm tree injections shall be placed with the Contractor on forms supplied by the City of Evanston as future detail of work required. All work lists shall be in writing and shall give the location and size of all trees to be injected along with any pertinent information. Contractor shall designate one person, with credentials listed, which include: ISA Arborist certification to administer awarded contract. This person shall serve as a liaison for City of 35 Evanston staff, residents and contractor. Contractor shall, as often as he desires, pick up new work lists when available and submit invoices for payment of completed work lists. As a minimum, each Contractor shall meet with the Public Works Agency Director or his designee each Tuesday morning between the hours of 8:00 a.m. and 12:00 noon for the purpose of securing new work lists, submitting invoices or progress reports on the preceding week’s activities, or to review past or upcoming operations. This schedule shall be adhered to until discontinued by the Public Works Agency Director or his designee. All work lists must be completed within a thirty (30) day period of receipt. If a Contractor has displayed his inability to comply with that schedule, the City of Evanston may issue work lists to the second and successive low bidders. At no time shall the amount of uncompleted work lists exceed the performance bond amount for that area. No invoices shall be submitted unless these work lists contained herein have been completed. BASIS OF PAYMENT The completed work list and the unit price bid for the appropriate diameter tree shall be used as the basis for computing payment. Payment of each work list in total shall be made after satisfactory completion and acceptance of the work on that work list. Payment will be made by the diameter class in accordance with the Bid Proposal Form. 36 EXHIBIT A – BID FORM For 2020 Dutch Elm Disease Prevention Program (BID #20-14) 1.01 BID TO: THE CITY OF EVANSTON 2100 Ridge Avenue Evanston, Illinois 60201 hereinafter called “OWNER”. 1.02 BID FROM: ____________________________________ (Hereinafter call "BIDDER") ______________________________________ Address ______________________________________ Telephone Number ______________________________________ Fax Number 1.03 BID FOR: 2020 Dutch Elm Disease Prevention Program 1.04 ACKNOWLEDGEMENT: A. The Bidder, in compliance with the Invitation for Bids, having carefully examined the Drawings and Project Manual with related documents and having visited the site of the proposed Work, and being familiar with all of the existing conditions and limitations surrounding the construction of the proposed project, including the structure of the ground, subsurface conditions, the obstacles which may be encountered, local restrictions, and all other relevant matters concerning the Work to be performed, hereby PROPOSES to perform everything required to be performed, and to provide all labor, materials, necessary tools and equipment, expendable equipment, all applicable permits and taxes and fees, and provide all utility and transportation services necessary to perform and complete in a workmanlike manner the Project in accordance with all the plans, specifications and related Contract Documents as prepared by the City of Evanston. 37 B. The undersigned hereby acknowledges receipt of Invitation of Bids, Instruction to Bidder, the Project Manual, Drawings, and other Contract Documents and acknowledges receipt of the following Addenda: Addendum No. Dated Addendum No. Dated Addendum No. Dated 1.05 GENERAL STATEMENTS A. The undersigned has checked all of the figures contained in this proposal and further understands that the Owner will not be responsible for any errors or omissions made therein by the undersigned. B. It is understood that the right is reserved by the Owner to reject any or all proposals, to waive all informality in connection therewith and to award a Contract for any part of the work or the Project as a whole. C. The undersigned declares that the person(s) signing this proposal is/are fully authorized to sign on behalf of the named firm and to fully bind the named firm to all the conditions and provisions thereof. D. It is agreed that no person(s) or company other than the firm listed below or as otherwise indicated hereinafter has any interest whatsoever in this proposal or the Contract that may be entered into as a result thereof, and that in all respects the proposal is legal and fair, submitted in good faith, without collusion or fraud. E. It is agreed that the undersigned has complied and/or will comply with all requirements concerning licensing and with all other local, state and national laws, and that no legal requirement has been or will be violated in making or accepting this proposal, in awarding the Contract to him, and/or in the prosecution of the Work required hereunder. F. To be considered a bona fide offer, this proposal must be completed in full and accompanied by a bid deposit or a bid bond when required by Contract Documents or Addenda. 1.06 ALTERNATES A. When alternate proposals are required by Contract Documents or Addenda thereto, the undersigned proposes to perform alternates for herein stated additions to or deductions from hereinbefore stated Base Bid. Additions and deductions include all modifications of Work or additional Work that the undersigned may be required to perform by reason of the acceptance of alternates. 1.07 AGREEMENT A. In submitting this Bid, the undersigned agrees: 38 1. To hold this Bid open for sixty (60) days from submittal date. 2. To enter into and execute a Contract with the Owner within ten (10) days after receiving Notice of Award from the Owner. 3. To accomplish the work in accordance with the Contract Documents. 4. To complete the work by the time stipulated in the General Conditions B. The Owner reserves the right to reject any and all Bids and to waive any informalities in Bidding. 1.08 SCHEDULE A. See General Conditions for required schedule of completion dates. 1.09 PROPOSED PRICES A. The Bidder hereby proposes to furnish all labor, materials, equipment, transportation, construction plant and facilities necessary to complete, in a workmanlike manner and in accordance with the contract documents, the contract of work bid upon herein for compensation in accordance with the following prices: Number of Trees Total Tree Bid Price Total Bid To Inject at Full Rate Diameter (Price per Inch) Amount 1,688 53,828” X $_________ = $ ___________ Number of Trees Total Tree Bid Price Total Bid at Three-Quarter Rate Diameter (Price per Inch) Amount 127 3,582” X $_________ = $ ___________ Total Base Bid Amount $__________________ Average Number of Trees Bidder Proposes to Inject per Week: ____________________ Bidder understands that the quantity shown above is an estimate only, and that the City of Evanston reserves the right to increase or decrease these quantities. Total amount billed and paid will be based on the number of actual diameter inches measured and injected. 39 Bidder further understands and agrees to offer their bid price (cost per diameter inch) to any interested City of Evanston property owner who wishes to similarly treat any Elm tree on their private property in 2020. 1.10 BID SECURITY Accompanying this proposal is a bank draft, bid bond, Cashier's check or Certified check as surety in the amount of not less than five percent (5%) of the Total Bid payable to the City of Evanston. The amount of the check or draft is: $______________________ If this bid is accepted and the undersigned shall fail to execute a contract and contract bond as required it is hereby agreed that the amount of the check or draft or bidder’s bond substituted in lieu thereof, shall become the property of the City and shall be considered as payment of damages due to delay and other causes suffered by the City because of the failure to execute said contract and contract bond; otherwise said check or draft shall be returned to the undersigned. ATTACH BANK DRAFT, BANK CASHIER’S CHECK OR CERTIFIED CHECK HERE. In the event that one check or draft is intended to cover two or more bids, the amount must be equal to the sum of the proposal guarantees of the individual sections covered. If the check or draft is placed on another proposal, state below where it may be found, as follows: The check or draft will be found in