2020 URBAN & COMMUNITY FORESTRYGRANT PROGRAM

Request for Proposals & Application Materialsfor Contractors

Funding provided by the United States Department of Agriculture Forest Service through direction of the Illinois Department of Natural Resources Urban & Community Forestry Program

Grant funding administered by The Morton Arboretum

Proposals Due: Monday, December 14, 2020 at 10:00 a.m.

Mandatory Pre-bid Meeting: Mon., Nov. 23, 2020 at 11:00a.m.

Contact: Emily OkallauCommunity Outreach Coordinator, Chicago Region Trees Initiative

The Morton Arboretum, 4100 IL Route 53, Lisle, IL 60532Cell: 630-754-6116

eokallau@mortonarb.orgchicagorti.org/FY21grant

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InstructionsInterested bidders shall review all of the documents, complete the Application and Bid Sheet and provide any additional information as may be required on the Exceptions or Additions Sheet.

A mandatory pre-bid meeting will be held on November 23rd at 11:00 a.m. This is a virtual meeting and you can register here: https://mortonarb.zoom.us/meeting/register/tJ0qc-6urTkrGdwfYP4ApvYE1BbqPVfEjnk7

If you are unable to attend this meeting, please notify Emily Okallau immediately.

APPLY ONLINE! Please visit to apply online: http://chicagorti.org/FY21grant

This Request for Proposals (RFP) is intended for contractors / consultants / tree care companies / similar (hereafter: “Contractor(s)”) who regularly conduct tree inventories and develop urban forestry management plans for communities. Communities shall be public entities, e.g. municipalities, counties, forest preserves, park districts, etc.

Project Overview:The Morton Arboretum (the Arboretum) is administering this funding on behalf of the Illinois Department of Natural Resources (IDNR).

1. The goal of this funding is to assist Communities in Illinois to develop tree inventories and management plans.

2. The IDNR has requested that the Arboretum identify qualified Contractors to complete this work and that Communities be aggregated to achieve an economy of scale.

3. Communities have submitted applications for funding for specific services, and their applications have been reviewed and ranked.

4. Each individual Community will contract individually with the selected Contractor to complete those services.

5. No funds shall be paid to the Contractor(s) until all services have been completed including receipt of materials and approval by the Arboretum.

6. Once approved by the Arboretum and the Community, the Contractor(s) will be paid by the individual Community.

7. The Arboretum will reimburse the Community in the amount awarded to the Community.

Exceptions and Additions:1. Any services or materials requested by the Community, beyond those identified in this RFP, shall

be at the discretion of and paid for by the Community. These services and materials will not be reimbursed by the Arboretum.

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General Criteria and Requirements

1. Bids are due December 14, 2020 at 10:00 a.m. Bids received after this time shall not be opened.2. Bids shall be submitted electronically at: http://chicagorti.org/FY21grant or by email to Emily

Okallau eokallau@mortonarb.org 3. Contractor(s) qualifications:

a. Inventory crew shall include at least one staff member in a supervisory role (hereafter: “supervisor”). The supervisor shall be certified and qualified to perform the services and activities as required by the grant agreement, shall provide proof of qualification, and shall be able to converse with the pubic in English. The supervisor shall have:

i. Arboriculture certification from a nationally recognized organization. ii. No fewer than three full years of experience supervising tree inventory data

collection;iii. No fewer than three full years of experience in urban forestry with knowledge

of relevant species for the zone for data collection; and iv. No less than two 2 full years of relevant risk assessment experience and a

relevant certification for performing risk assessment (ie., TRAQ or similar qualification / certification – proof required)

b. Additional inventory staff in non-supervisory roles shall have no fewer than 2 full years of experience in urban forestry with knowledge of relevant species for the zone.

c. Staff developing management plans, shall have:i. Arboriculture certification from a nationally recognized organization.;

ii. No fewer than three full years of experience in urban forestry; andiii. Successfully completed no fewer than five urban forest management plans for

communities across a range of Community sizes.4. Contractor(s) shall submit resumes/bios at the time of bid for all staff designated to work on

these projects. If these positions are not yet filled, a job posting / profile may be submitted instead. Contractor(s) shall submit resume(s)/bio(s) as staff is hired or if staff is replaced.

Selection Criteria

The Morton Arboretum will use the following criteria to guide its selection of Contractor(s). Each Contractor will be ranked in the following categories.

25% Qualifications of employees and/or job profiles of open positions for all persons expected to participate in data collection and document preparation.

20% Quality of references and supporting documentation. 15% Application form is filled out clearly and all requested information is present. 40% Bid Proposal / Cost Analysis (how many communities can be funded

with the available funds).

Please direct all questions to: Emily Okallau, Community Outreach Coordinator, Chicago Region Trees Initiative, eokallau@mortonarb.org or cell: 630-754-6116

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Application: Company / Organization Information

Name of Company / Organization

Contact Name(who would manage the contract)

Job Title

Email and Phone

Inventory Supervisor(s), support staff, Management Plan development staff (If you are expecting to hire for any position, provide a generic name such as “Staff Member” and explain the qualifications)

Name Job Title & Role

(Inventory Supervisor, Support Staff, Management Plan Staff)

Qualifications and Experience

(attach supporting documentation: sample management plans, certifications, etc.)

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Application: Questions

Please answer the following questions:

1. What services can you provide better than other companies? What sets your company / organization apart? (max 2 paragraphs)

2. How many inventories has your organization done in a given year?

3. How will you manage completing these projects? If you are a small organization how do you propose to complete multiple inventories? If you belong to a large corporation, please speak to the capacity of your specific team.

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4. Please provide details about how you will structure your inventory deliverables. Your proposal is binding and these details will be included in your agreement with The Morton Arboretum.

a. How will you gather each type of data point?

b. What kind of risk assessment are you proposing to provide? Please explain in detail 1) your methods and 2) what data will be provided to each community.

c. Required deliverables are listed below.

i. Individual Tree Data Fields

1. GPS Coordinates2. Street Address and Relative Location3. Land use (i.e., residential, business zone, natural area, park, etc.)4. Growing space (i.e., parkway, park, etc.)5. Species6. DBH7. Single or multi-stem designation8. Condition rating & risk assessment (such as TRAQ, Davey 10 point, etc.)

a. Defects (Roots, wounds, rot, deadwood, etc.)b. Maintenance Recommendation

9. General comments or notes

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5. Please provide details about your management plan deliverables. Required elements are below.

a. Short- and long-term urban forest goals 2021-2031.b. Recommended and prioritized urban forest management action items, based on a tree

inventory. (ie., prioritized planting locations, a cyclical pruning schedule, etc.)c. Specifications for planting, pruning, removals, and construction protection.d. Required and recommended certifications, qualifications, and training for staff,

contracted labor, and consultants.e. Material and budget projections and considerations.f. A program for education and outreach for residents.

6. Any other important information that you believe may be relevant and not represented above.

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Application: Additional Materials

Please provide the following:

1. Staff resumes and biosA resume/bio (no more than 1 page) for each staff member listed in the table in the previous section. If you are hiring for a position, please indicate what you will require of candidates.

a. The resume/bio should include:i. Relevant education

ii. Relevant certifications / trainings / qualificationsiii. Relevant experience

b. You are welcome to create a simple document / spreadsheet for staff members without resumes, although you are strongly encouraged to submit a resume for leadership staff.

c. Copies of certifications/qualifications and/or relevant licensing to verify qualifications.2. At least three references from similar community projects and examples of multiple projects

completed in one year.a. These references are ideally from communities / projects of different sizes and internal

capacities to demonstrate the capacity of the Contractor(s) to work on projects of different sizes and scopes.

b. NOTE: The scope of this RFP is for the Contractor(s) to complete tree inventories and management plans for multiple communities. It is the responsibility of the Contractor(s) to convince The Morton Arboretum that it has sufficient experience and capacity to complete the larger scale of this RFP.

3. A sample of urban forestry management plans completed by the Contractor(s).

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Application: Proposal Instructions

The table below is a list of communities, sorted by zone and by ranking. (Zone is a selected area of the State of Illinois). After Contractor(s) selection is complete, the proposed cost will be sent to the Community for approval. The final number and list of communities, as well as final project approval is contingent upon a satisfactory agreement with each community and amount of funding available.

Further Instructions:

A. The name of the Community represents which jurisdictional region is applying. In all instances services would be provided for some or all of the trees owned and managed by that entity. (See table below for details or exceptions.)

B. Tree inventories are either full or partial.C. For management plans, the “MP Request” column refers to which communities have requested

the following. Match the numbers in the column with the items below:1. Short- and long-term urban forest goals 2021-2031.2. Recommended and prioritized urban forest management action items, based on a tree

inventory. (ie., prioritized planting locations, a cyclical pruning schedule, etc.)3. Specifications for planting, pruning, removals, and construction protection.4. Required and recommended certifications, qualifications, and training for staff,

contracted labor, and consultants.5. Material and budget projections and considerations.6. A program for education and outreach for residents.

D. The Contractor(s) must determine the cost of the inventory and management plan for each community. Grant funding is awarded per community, and it must be billed separately to each community. However, Contractors must bid on an entire zone. Contractors may bid on more than one zone and/or combination of zones.

Community Inventory and/or Management Plan Projects and Zone Table

Community Inventory Request

MP Request

(See above)

Notes

Zone 1

Princeton, City of Full / 100% 1-6

Ottawa, City of Full / 100% 1-3

Zone 2

Springfield, City of Partial / 20% 2 Not to exceed $20,000.

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Macomb, City of & Park District (Combined request)

Partial / 20% 1, 2, 6 $20,000 for an inventory of plantable spots for the City of Macomb and all land for Macomb Park District. A shared management plan using Macomb’s existing inventory and the new Park District inventory.

Zone 3

Rantoul, Village of Full / 100% 1-6

Zone 4

La Grange Park District Full / 100% 1-6

Plainfield Park District Full / 100% 2

Hickory Hills, City of Full / 100% 1, 2, 3, 5, 6

Community Park District of La Grange Park Full / 100% 1-6

Glenview, Village of N/A 1, 2, 4, 6 No inventory.

Prospect Heights Park District

Full / 100% 1, 2, 3, 5

Park Forest, Village of Full / 100% 1-6

Bensenville Park District Full / 100% 1-6

Joliet, City of Partial / $40,000 1, 2, 5 As many trees as possible for $40,000. ($20,000 in grant funds and $20,000 in match.)

Berwyn Park District Full / 100% 1-6

Orland Park, Village of Full / 100% 1-6

Richton Park, Village of Full / 100% 1-6

Carol Stream, Village of Full / 100% 1-6

La Grange Park, Village of

Full / 100% 1-6

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Park Ridge, City of Partial / 20% 1-6 Not to exceed $28,000. ($14,000 each grant & match)

Forest Preserve District of Cook County Partial / 50% 2 $20,000 to inventory trees at approx 150 picnic groves.

Groves not specified. ($10,000 each grant & match)

Lombard, Village of N/A 2-4 No inventory.

Des Plaines, City of Full / 100% 1-4

Glencoe, Village of Full / 100% 1-6

Hawthorn Woods, Village of

N/A 1, 2, 3, 5, 6 No inventory.

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Application: Community RequestsUse this space to bid on individual zones.

1. Contracts will be awarded for entire zones, but Contractors are required to show costs for each community. Each Community will pay the selected Contractor and the Arboretum will reimburse the Community.

2. Contractors may bid on individual zones, or group zones together. Contractors may provide as many combinations of bids as desired.

a. Please use a new Bid Sheet for each different combination.

b. The Contractor may edit the document as needed to effectively communicate pricing but MUST PROVIDE INDIVUDAL PRICING FOR EACH COMMUNITY.

c. Once awarded, no modifications are allowed unless approved in writing by the Community and by the Arboretum.

3. Contractors may use templates provided on the website or the submission materials in this document.

a. Website: http://chicagorti.org/FY21grant

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Application: Bid Sheet

Community Inventory Request

MP Request

Bid Inventory Quantity (%)

BidPer tree unit

cost ($$)

Bid for bothInventory & MP

($$)

Zone 1

Princeton, City of Full / 100% 1-6

Ottawa, City of Full / 100% 1-3

Zone 1 Total

Zone 2

Springfield, City of Partial / 20% 2

Macomb, City of & Park District

Partial / 20% 1, 2, 6

Zone 2 Total

Zone 3

Rantoul, Village of Full / 100% 1-6

Zone 4

La Grange Park District Full / 100% 1-6

Plainfield Park District Full / 100% 2

Hickory Hills, City of Full / 100% 1, 2, 3, 5, 6

Community Park District of La Grange Park Full / 100% 1-6

Glenview, Village of N/A 1, 2, 4, 6

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Prospect Heights Park District

Full / 100% 1, 2, 3, 5

Park Forest, Village of Full / 100% 1-6

Bensenville Park District Full / 100% 1-6

Joliet, City of Partial / $40,000

1, 2, 5

Berwyn Park District Full / 100% 1-6

Orland Park, Village of Full / 100% 1-6

Richton Park, Village of Full / 100% 1-6

Carol Stream, Village of Full / 100% 1-6

La Grange Park, Village of

Full / 100% 1-6

Park Ridge, City of Partial / 20% 1-6

Forest Preserve District of Cook County Partial / 50% 2

Lombard, Village of N/A 2-4

Des Plaines, City of Full / 100% 1-4

Glencoe, Village of Full / 100% 1-6

Hawthorn Woods, Village of

N/A 1, 2, 3, 5, 6

Zone 4 Total

Grand Total (if multiple Zones)

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Application: Exceptions and Additions

Please use this page to include any exceptions and additions to your bid proposal.

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Appendix ATHE MORTON ARBORETUM

INVITATION FOR BIDCONTRACT FOR URBAN & COMMUNITY FORESTRY GRANTS

Intent: The intent of this Invitation for Bid is to enable the Arboretum to establish a relationship with a Contractor to provide Tree Inventories and Management Plans as specified in this bid document. This Invitation for Bid is open to all qualified Contractors actively engaged in providing tree management assistance as specified herein. The Contractors are required to demonstrate their capability through references or by means acceptable to the Arboretum. Bids should be submitted as described in this document.

Scope of Work: It is the intent of the Arboretum to establish a relationship with the Contractor(s) who will provide tree inventory and Urban Forest Management Plan services to communities receiving funding from the Arboretum.

Following the review process, the Arboretum will establish agreements with each Community and the Contractor(s). Communities will work independently with the selected Contractor to develop the materials as described in this RFP available at http://chicagorti.org/FY21grant. All grant activities must be completed by Spring 2022 and reimbursement shall be complete by August 2022.

Bid Evaluation/Award: Bids will be evaluated according to the total number of trees inventoried, the data provided for each tree (including risk assessment), the qualifications / certifications / experience of staff, references, quality of management plans, and other qualifications as noted above.

Certification and Inspection: Contractors shall disclose the certifications and qualifications of their staff, including any staff hired to complete these projects. In the event that staff is hired, the Contractor(s) shall subsequently submit certifications and qualifications. Following the completion of all tree inventories and management plans, Contractor shall submit these documents for review prior to reimbursement. Reimbursement is contingent upon completion and successful receipt of these materials by the Arboretum and the Community.

Subcontractors to Contractor: Contractors responding to this Invitation for Bid shall provide information on the form provided and indicating the Contractor’s name, address, phone, email address, and contact person. If the Contractor elects to use a subcontractor, the name of the firm, address, phone, email address, and contact person shall be provided for each and every subcontractor. The subcontractor(s) shall be bound by the conditions of the contract between The Morton Arboretum and the Community. The Contractor and shall perform in accordance with all terms of the contract and specification. All required notices, work orders, directives, and requests for emergency services will be directed to the Contractor. All directions given to the subcontractor on the work site shall bind the Contractor as if the

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notice had been given directly to the Contractor. Failure to list any subcontractors may result in disqualification of the bid.

References: Bid submittals shall include at least three references for services comparable to this specification. References shall include the company name, contact name, mailing address, phone, and email address as well as a thorough description of the project completed by Contractor and how that project helped to promote sound urban forestry practices in the reference community. Contractors are advised that references may be contacted during the review of bid submittals. Additionally, sample management plans shall be provided.

Exceptions: Any exceptions to the Scope must be listed in the Application on the Exceptions/Additions Page.

Without limiting the terms of anything else set forth herein, the Contract to be entered into by the parties shall provide for the following:

1. Safety : The Contractor shall exercise every precaution at all times for the protection of persons and properties. The safety provisions of all applicable laws and ordinances shall be strictly observed. The Contractor shall abide by all EPA and OSHA standards and regulations. The Arboretum is not responsible for site safety. The Contractor is solely and exclusively responsible for construction means, methods, technologies, and site safety. Any practice obviously hazardous in the option of the Arboretum shall be immediately discontinued by the Contractor upon his receipt of instructions from the Arboretum to discontinue such practice.

2. At all times, during the life of this contract, the Contractor shall observe and abide by all Federal, States, and local laws which in any way affect the conduct of the work and with all decrees and orders of courts of competent jurisdiction. Traffic Control and Protection: This item of work shall include furnishing, installing, maintaining, relocating, and removing all traffic control devices used for the purpose of regulating, warning, or directing traffic, pedestrians, and cyclists during the construction of this improvement. These items and procedures will be strictly enforced.

3. Traffic control and protection shall be provided as called for in these special provisions applicable Highway Standards, application sections of the “Standard Specifications”, or as directed by The Morton Arboretum and the Community.

4. The following traffic control requirements are of special importance. Conformance to these requirements, however shall not relieve the Contractor from conforming to all other applicable requirements of the Standard Specifications for Road and Bridge Construction.

The governing factor in the execution and staging of work for this project is to provide the residents, pedestrians, cyclists, and motoring public with the safest possible travel conditions wherever this project takes place. The Contractor shall so arrange his operations as to keep the closing of any street section to a minimum. All traffic control devices used on this project shall conform to the special provisions, traffic control standards, “Standard Specifications for Traffic Control Devices” and the “Illinois Manual on Uniform Traffic Control Devices for Streets and

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Highways”, most recent editions. No modifications of these requirements will be allowed without prior written approval from The Morton Arboretum and the Community. Traffic control devices include: signs and their supports, signals, barricades with sand bags, channelizing devices, warning lights, arrow boards, flaggers, or any other device used for the purpose of regulating, warning, or guiding traffic through the construction zone.

The Contractor shall be responsible for the proper location, installation, and arrangement of all traffic control devices. Special attention shall be given to advance warning signs during construction operations in order to keep land assignment consistent with barricade placement at all times. The Contractor shall cover all traffic control devices which are inconsistent with detour or lane assignment patterns during the transition from one construction site to another. Construction signs referring to daytime lane closures during working hours shall be removed or covered during non-working hours. The Contractor shall furnish, post, and remove “No Parking” signs are required and/or directed by The Morton Arboretum and the Community.

The Contractor shall ensure that all traffic control devices they install are operational 24 hours a day, including Sundays and holidays.

The Contractor shall coordinate all traffic control work on this project with adjoining or overlapping projects, including barricade placement necessary to provide a uniform traffic detour pattern. When directed by The Morton Arboretum and the Community, the Contractor shall remove all traffic control devices which they furnish, install, and maintain under this bid, and such devices shall remain the property of the Contractor. All traffic control devices shall remain in place until specific authorization for relocation or removal is received from The Morton Arboretum and the Community.

When traveling in lanes open to public traffic, the Contractor’s vehicles shall always move with and not against the flow of traffic. These vehicles shall enter or leave work areas in a manner which will not be hazardous to, or interfere with, traffic and shall not park or stop except within designated work areas. Personal vehicles shall not park within the right of way except in specific areas designated by The Morton Arboretum and the Community.

Placement of all signs and barricades shall proceed in the direction of flow of traffic. Removal of all signs and barricades shall start at the end of the construction areas and proceed toward oncoming traffic unless otherwise directed by The Morton Arboretum and the Community. Delays to the Contractor caused by complying with these requirements will be considered incidental to the item for Traffic Control and Protection, and no additional compensation will be allowed.

The Morton Arboretum and the Community may require additional traffic control to be installed in accordance with standards and/or designs other than those included in these specifications. In such cases, the standards and/or designs will be made available to the Contractor at least one

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(1) week in advance of the change in traffic control. This work will be considered incidental to the contract and will not be included as a pay item.

5. Basis for Payment: This work shall be paid for individually by the Communities at the contract cost for the services and materials as listed in each Community’s contract with the Contractor(s). This work shall include costs related to the execution of a tree inventory and subsequent development of an Urban Forestry Management Plan. When these materials are complete, Contractor shall submit them to The Morton Arboretum and the Community for approval. Once approved, the Community is eligible to apply for reimbursement. The Morton Arboretum will not provide direct payment to the Contractor.

6. Contractor’s Representative: The Contractor shall provide qualified supervision of each crew at all sites while working under this contract. Each supervisor must be able to converse in the English language. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the Community. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract unless such directives would create potential personal injury or safety hazards.

7. Delivery: All services completed through this RFP shall be provided to The Morton Arboretum and to the individual Communities the Contractor is providing services for. These materials may be delivered electronically.

8. Indemnification: The Contractor hereby agrees to protect, defend, indemnify, and save harmless The Morton Arboretum and the individual Community against loss, damage, or expense from any suit, claim, demand, judgment, cause of action, or shortage initiative by any person whatsoever, arising or alleged to have arisen out of work described herein. Except that in no instance shall the Contractor be held responsible for any liability, claim, demand, or cause of action attributable solely to the negligence of The Morton Arboretum or the Community.

The Bid is subject to the following conditions:

1. Submittal of Bid: Bids must be submitted no later than December 14, 2020 at 10:00 a.m. Only electronic bids will be accepted, either through the online form at http://chicagorti.org/FY21grant or via email to the attention of Emily Okallau at eokallau@mortonarb.org. Bids will not be accepted after the specified time.

2. Contractor’s Qualifications: No award will be made to any Contractor who cannot satisfy to The Morton Arboretum and the Community that they have sufficient ability and experience in this class of work, as well as sufficient capital and equipment to complete the work successfully. The Morton Arboretum’s decision or judgement on these matters shall be final, conclusive, and binding. The Morton Arboretum may make such investigations as it deems necessary.

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3. Preparation of Bid: The Contractor’s submittal shall include all materials as listed in this document and on the website. The Morton Arboretum will strictly hold the Contractor to the terms of its proposal.

4. Compliance with Laws: The Contractor shall at all times observe and conform to all laws, ordinances, and regulations of the Federal, State, and local governments, which may in any manner affect the preparation of the bids or the performance of the contract.

5. Form of Contract : The form of contract between the successful Contractor and the Community shall be all documents included in this RFP and documents required by the awarding Community.

6. Bid Review: The Morton Arboretum reserves the right to reject any or all bids and/or to waive any irregularities or disregard any informality in the bids and bidding when, in its opinion, the best interest of The Morton Arboretum will be served by such action. Furthermore, The Morton Arboretum reserves the right to award each item to a different Contractor, or all items to a single Contractor. The Morton Arboretum may determine as follows:

1. An equal or alternative is a satisfactory substitute;2. The certifications/qualifications/experience of staff is entitled to more consideration

than price;3. The deliverable services of the Contractor are not satisfactory because of the

reputation of the Contractor; providing low-quality services;4. A Contractor is not a responsible Bidder; 5. The Contractor does not fully understand the intentions of this grant program and

how it will best serve Communities.No bid will be accepted from or contract awarded to any person, or corporation that is in arrears or is in default to The Morton Arboretum upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to The Morton Arboretum, or had failed to perform faithfully any previous contract with The Morton Arboretum.

7. Bid Results: Following the bid opening and review period, pending contract awards will be posted electronically. Bid tabulations posted on-line represent “as read” submittals at time of the bid opening. They do not represent contract award.

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Appendix B

Schedule 1EQUAL EMPLOYMENT OPPORTUNITY CLAUSE

During the performance of the Contract, the Bidder agrees as follows:1. That it will not discriminate against any employee or applicant for employment because of race,

color, religion, sex, national origin, or ancestry; and further, that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization.

2. That, if it hires additional employees in order to perform this contract, or any portion hereof, it will determine the availability (in accordance with the Commission’s Rules and Regulations for Public contracts) of minorities and women in the areas(s) from which it may reasonable recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized.

3. That, in all solicitations or advertisement for employees place by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin, or ancestry.

4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Contractor’s obligations under the Illinois Fair Employment Practices Act and the Commission’s Rules and Regulations for Public Contracts. If any such labor organization or representative fails or refuses to cooperate with 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 thereunder.

5. That it will submit reports as required by the Illinois Fair Employment Practices Commission’s Rules and Regulations for Public Contracts, furnish all relevant information as may from time-to time be requested by the Commission or the contracting agency, and in all respect comply with the Illinois Fair Employment Practices Act and the 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 and the Illinois Fair Employment Practices Commission’s Rules and Regulations for Public Contracts.

7. That it will include verbatim or by reference the provisions of paragraphs 1 through 7 of this clause in every performance subcontract as defined in Section 2.10(b) of the Commission’s Rules and Regulations for Public Contract so that such provision will be binding upon every such subcontractor,; and that it will also include the provisions of paragraphs 1, 5, 6, and 7 in every supply contract as defined in Section 2.10(a) of the Commission’s Rules and Regulations for Public Contracts so that such provisions will be binding upon every such subcontractor In the

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same manner as with other provisions of this contract, the Contractor will be liable for compliance with applicable provisions of this clause by all of its subcontractors; and further it will promptly notify the contracting agency and the Illinois Fair Employment Practices Commission in the event any subcontractor fails or refuses to comply therewith. In addition, no Contractor will utilize any subcontractor declared by the Commission to be non-responsible and therefore ineligible for contracts or subcontracts with the State of Illinois of any of its political subdivisions or municipal corporation.

The Arboretum does not discriminate on the basis of handicapped status in admission or access to its facilities, or treatment or employment of its personnel, or availability to its programs or activities.

The Contract shall restate the foregoing conditions and obligations.

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Schedule 2GENERAL SUPPLEMENTAL ADDITIONAL CONDITIONS

1. Scope of Work: The Contractor shall supply all required supervision, skilled labor, transportation, new materials, apparatus, and tools necessary for the entire and proper completion of the work. The Contractor shall supply, maintain, and remove all equipment for the performance of the work and be responsible for the safe, proper and lawful construction, maintenance and use of the same. This work shall be completed to the satisfaction of The Morton Arboretum and the Community. The Contractor shall provide adequate protection of the job site to protect the general public from any injury as a result of the job. The Contractor shall provide all safeguards and suitable barricades to protect public and adjacent property. The Morton Arboretum and the Community are not responsible for site safety. The Contractor is solely and exclusively responsible for construction means, methods, technologies, and site safety.

2. Toxic Substances: Prior to delivery of any materials which is caustic, corrosive, flammable, or dangerous to handle, the supplier will provide written directions as to methods for handling such products, as well as the antidote for neutralizing materials required for its first aid (Materials Safety Data Sheet).

3. Guarantees and Warranties: All guarantees and warranties required shall be furnished by the Contractor and shall be delivered to The Morton Arboretum and the Community before final payment on the contract is issued.

4. Termination of Contract: The Morton Arboretum and the Community reserve the right to terminate in whole or any part of this contract, upon written notice to the Contractor, in the event of default by the Contractor. Default is defined as failure of the Contractor to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event of default and termination, The Morton Arboretum and the Community may procure, upon such terms and in such a manner as The Morton Arboretum and the Community may deem appropriate, supplies, or services similar to those terminated.

The Contractor shall be liable for any excess costs for such similar supplies or service unless evidence is submitted to The Morton Arboretum and the Community that, in the sole opinion of The Morton Arboretum and the Community, clearly proves that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Contractor.

5. Hold Harmless Agreement (Contractual Liability): The Contractor agrees to indemnify and save harmless The Morton Arboretum and the Community, including its officials, employees, and agents against any and all claims, loss, damage, injury, liability, and court costs and attorney’s fees incident thereto, including any claims made by employees of the Contractor or any of their subcontractors, as well as all other persons, resulting directly or indirectly from the work

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covered by this contract or the equipment used in connection therewith. It is understood that this agreement shall apply to any and all such claims whether resulting from negligence or the intentional acts of the Contractor, or otherwise. *(With the single exception of any claim, damage, loss, or expense arising solely out of professional services performed by The Morton Arboretum and the Community, its agents, or employees including:

1. The preparation of maps, plans, opinions, reports, surveys, designs, or specifications, and

2. Supervisory, inspection or engineering services.

6. Insurance: The Contractor will provide certificates of insurance evidencing the following types and limits of insurance. The certificates of insurance will specifically address each of the requirements noted below. Each insurance company shall be acceptable to The Morton Arboretum and the Community. The General Liability coverage shall name The Morton Arboretum and the Community as additional insured. All insurance noted below is primary and in no event will be considered contributory to any insurance purchase by The Morton Arboretum and the Community. All insurance noted below will not be canceled, reduced, or materially changes without providing The Morton Arboretum and the Community thirty (30) days advance notice, via certified mail.

1. Comprehensive General Liability including Products liability/Completed Operations insurance, in an amount not less than $1,000,000/occurrence, $2,000,000/policy limit, including Broad Form Contractual Liability insurance, in an amount not less than $1,000,000/occurrence, $2,000,000/policy limit, subject to the terms and conditions of the policy. A copy of the policy may be required.

2. Automobile Liability insurance, in an amount not less than $1,000,000 combined single limit. Said insurance is to be extended to cover hired and non-owned vehicles.

3. Umbrella or Excess Liability coverage, the Contractor shall provide evidence of Umbrella or Excess Liability coverage of $2,000,000.

4. Workers’ Compensation is to be provided as required by statute, by an insurance company licensed to write workers’ compensation in the State of Illinois. Employer’s Liability, in an amount not less than $500,000 each accident, $500,000 disease – policy limit, and $500,000 disease – each employee.

5. Insurance Rating – All insurance policies required by this contract shall be underwritten by insurance companies with a minimum A. M. Best rating of A:VII.

6. A certificate of insurance is required as evidence of coverage, with The Morton Arboretum and the Community named as an additional insured. The certificate will include an “Additional Insured Endorsement”. The same full insurance coverage provided to the names insured, whether it is the Contractor or a sub-Contractor, shall be provided to The Morton Arboretum and the Community without any limitations or endorsements that might limit or exclude coverage. If insurance is canceled for any reason whatsoever The Morton Arboretum and the Community will be given not less than thirty (30) days prior written notice.

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Any and all deductibles or other forms of retention are the responsibility of the Contractor. All deductibles or other forms of retention are subject to the approval of The Morton Arboretum and the Community. Contractor will disclose to The Morton Arboretum and the Community in writing the amounts of any deductible or self-insured retentions on the insurance required under this contract.

Contractor waives any right of subrogation it may have or later acquire against The Morton Arboretum and the Community.

*Special Requirement: If the Contractor is an architectural firm or engineering firm, said Contractor shall file a certificate of insurance for professional liability, errors and omissions coverage subject to final acceptance by The Morton Arboretum and the Community of said coverage.

The Contractor shall not commence work under this contract until they have obtained all insurance required under this section and such insurance has been approved by The Morton Arboretum and the Community, nor shall Contractor allow any subcontractor to commence work on their subcontract until the same insurance has been obtained by the subcontractor. The Contractor and their subcontractor(s) shall maintain all insurance required under paragraphs 1 – 4 of this Section for not less than one (1) year after completion of this contract.

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Schedule 3

CONSTRUCTION SUPPLEMENTAL ADDITIONAL CONDITIONS1. Examination of Premises, Measurements, and Elevations : The Contractor shall verify all

measurements relative to the work, shall be responsible for the correctness of same. The Contractor will examine the site and the premises and satisfy themselves as to the existing conditions under which the Contractor will be obligated to operate. Failure of the Contractor to notify The Morton Arboretum and the Community, in writing, of any condition(s) or measurement(s) making it impossible to carry out the work as shown and specified, will be construed as meaning no such conditions exist and no additional moneys will be added to the contract. The Morton Arboretum and the Community will not accept any liability or pay any additional costs in the event any unknown utilities are uncovered which may result in the redesign, delay, or need for additional equipment on the job site.

No claim whatsoever will be allowed to any contract for changes, extra work, or material, not included in the Contractor’s original bid, or for a greater amount of money than the contract states is to be paid, for any reason, including, but not limited to, subsurface or latent physical conditions, or unknown physical work, and bid documents, specifications, general conditions, plans, special provisions, and contract forms before submitting their bid. The Contractor is responsible for fully informing themselves as to the quality and quantity of materials required, and the character of the work to be performed.

2. Change Orders: After the contract award, changes in or additions to the work and/or a change in the amount of money to be paid to the Contractor must be the result of an approved change order first ordered by The Morton Arboretum and the Community.Any needed change order that will increase the subcontract by 50% or more will require opening that portion of the work to competitive bidding.

3. Failure to Execute : Failure to execute the contract shall, at the option of The Morton Arboretum and the Community, constitute a breach of the agreement made by acceptance of the bid, and The Morton Arboretum and the Community shall be entitled to forfeiture of the certified check, bank draft, or Bid Bond accompanying the bid that is required, not as a penalty, but as liquidated damages. In the event of failure of a Contractor to whom an award of contract has been made, to execute the contract and furnish a Performance Bond within ten (10) days after notification of award, such award may be nullified and an award may be made to the next lowest responsive and responsible Contractor approved by The Morton Arboretum and the Community.

4. Performance Security: The successful Contractor shall furnish as performance security a Performance Bond and a Labor and Material Payment Bond acceptable to The Morton Arboretum and the Community prior to the start of any work. The bond value shall escalate annually to cover the total cost invested by The Morton Arboretum and the Community. Each of the bonds must be renewed for each contract year. The performance bond shall:

1. Serve as security for faithful performance of the work; and

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2. Guarantee the work against defective workmanship and material for a period of not less than one (1) year following acceptance of the work.

The Labor and Material Bond shall serve as security that all wages are paid and materials provided for the work are paid by the successful Contractor. For contract awards that are less than $100,000, a Letter of Credit, in a form suitable to The Morton Arboretum and the Community, may be submitted as performance security, instead of a Performance Bond and a Labor and Material Payment.

5. Letter of Credit – required content: Any letter of credit (hereinafter LC) submitted as performance security, as provided for in the Performance Security section of these Construction Supplemental Additional Conditions, must be established with the following required content:

1. The LC must be irrevocable, made in favor of The Morton Arboretum and the Community (Beneficiary), and for the account of the Contractor (Applicant).

2. The aggregate amount of the LC must be at least 100% of the total awarded contract amount for the five year period.

3. The bank issuing the LC must be acceptable to The Morton Arboretum and the Community.

4. The expiration date of the LC must extend at least one (1) year beyond the anticipated completion date of the project and will be extended at the expense of the Contractor if need be.

5. The LC must provide for partial drawings. Drawing(s) are to be made when The Morton Arboretum and the Community presents a letter to the issuing bank, signed by The Morton Arboretum and the Community, referencing the LC number and stating the amount of funds to be drawn against the LC and also containing the following declaration: “I hereby certify that the applicant has not performed as required by the contract established between the applicant and The Morton Arboretum and the Community”. Payment(s) against the LC will be made by the issuing bank upon presentation of this letter.

6. Waiver of Lien: Where applicable, a Waiver of Lien and Contractor’s Affidavit must be submitted by the Contractor, verifying that all subcontractors and material invoices have been paid prior to The Morton Arboretum and the Community approving final payment.

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