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Resolution 2017-39 RESOLUTION No.2017- A RESOLUTION AUTHORIZING A CONTRACT WITH MICHAEL'S SIGNS, INC. OF RACINE,WISCONSIN, FOR THE DOWNTOWN WAYFINDING SIGNAGE PROGRAM WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City has previously advertised for bids on September 24, 2017 for a downtown wayfinding signage program and received three (3)bids on October 27, 2017; and, WHEREAS, based upon a review of the bids received and determination as to the qualifications of the bidders, the corporate authorities of the United City of Yorkville have determined that Michael's Signs, Inc., of Racine, Wisconsin, having submitted a bid in the amount of$13,420 for Phase I and $21,860.00 for Phase II is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the bid submitted by Michael's Signs, Inc, is hereby accepted with partial payment in the amount not to exceed $24,960.00 payable in fiscal year 2018 and an amount not to exceed $10,320 payable in fiscal year 2019, and the Mayor and City Clerk are hereby authorized and directed on behalf of the United City of Yorkville to execute a CONTRACT FOR A DOWNTOWN WAYFINDING SIGNAGE PROGRAM with Michael's I Signs, Inc. as attached hereto and made a part hereof as Exhibit A. Section 2: That this resolution shall be in full force and effect from and after its passage and approval according to law. Resolution No.2017-3 Page 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 01 day of 'DFC9 M 8E4Z , 2017. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN PLOCHER 1 CHRIS FUNKHOUSER 1 JOEL FRIEDERS SEAVER TARULIS 1 ALEX HERNANDEZ abseh - i Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this 1 day of d�Cgfhia , 2017. MAYOR Resolution No.2017- Page 2 1 I11 i ■ ♦ seat i of Kendall Om United City of Yorkville, Illinois INVITATION TO BID for Downtown Wayfinding Signage Program Legal Notice Posted: September 24, 2017 Proposals Due: October 27, 2017 at 10:00AM United City of Yorkville Invitation To Bid Wayfinding Signage Program Proposal Package September 2017 Table of Contents A. Legal Notice to Bidders B. General Information C. Introduction D. Project Specifications E. Instructions to Bidders F. Contract G. Bid Certifications H. References I. Subcontractors J. Equipment List K. Bid Proposal Sheet L. Bid Sheet Si ng ature M.Contractor Bid Agreement 2 1 P a g e United City of Yorkville, Illinois LEGAL NOTICE Invitation To Bid Fabrication,Delivery and Installation of custom wayfmding signs for the Downtown Area of the United City of Yorkville. Sealed bids for the Downtown Wayfinding Signage Program will be received at the address listed below until October 27, 2017 at 10:00 a.m. All bids will be publicly opened immediately thereafter. Proposals Bids not physically received by the City by 10:00 a.m. on October 27, 2017 will be returned,unopened to the bidder. Emailed or faxed proposals will not be accepted. All proposals should be addressed and delivered to: United City of Yorkville RE: (Vendor Name) Bid for DowntownWayfinding Signage Program Attention: Annie Callahan,Purchasing Manager 800 Game Farm Road Yorkville, IL 60560 Bid packets are available online athU://www.vorkville.il.us. The link can be found under the Business tab-Bids&RFPs. Additional packets may be picked up at City Hall, 800 Game Farm Road,Yorkville, IL 60560. City Hall is open Monday through Friday, 8:OOAM to 4:30PM. General questions regarding this Request for Proposals may be emailed to Annie Callahan, Purchasing Manager at ACallahan( orkville.il.us Any detailed questions concerning the actual specifications or plans are to be forwarded by email to Krysti Barksdale-Noble at knoble(,)orkville.il.us not less than five(5)business days prior to the scheduled closing date. The City Council will make the final selection and award of the contract. The City Council reserves the right to accept or reject any and all bids, to waive technicalities and to accept or reject any item of any bid. The person or company submitting the bid shall at all times observe and conform to all laws, ordinances, and regulations of the Federal, State, and City which may in any manner affect the bid. No communication,except as otherwise allowed in the specifications,shall occur regarding this Invitation To Bid,including requests for information,or speculation between Bidder's or any of their individual members and any City elected official,employee or independently contracted employees or consultants.Failure to comply with this provision may result in offeror's proposal being removed from consideration Any cost incurred by the Bidder in preparation,transmittal, or presentation of any information or material submitted in response to the RFP, shall be borne solely by the Bidder. 3 1 P a g e General Information The United City of Yorkville is seeking an experienced individual or firm to implement Phase 1 of the Wayfinding Signage Program which includes the fabrication, delivery and installation of wayfinding signs for the Downtown area. When both phases are complete, the City will have a comprehensive wayfmding sign program consistent throughout the Downtown area. The vendor shall furnish and provide all labor, materials, tools, equipment and machinery, unless otherwise specified, necessary to perform and complete, in a good and workmanlike manner, the complete fabrication and installation of the wayfinding signs. It is the City's intention to hire one vendor to complete both phases of the wayfmding signage program. However,the City retains the right to procure the various services from multiple vendors. Introduction Purpose of Request: It is important to the City and the downtown property and business owners that the downtown area have a unified look and feel. We are seeking an experienced vendor to Fabricate and Install wayfinding signage throughout the downtown area of the City to add to the beauty and ambiance of the downtown. The signs will welcome both vehicles and pedestrian traffic to the Downtown area and provide them guidance and direction. The aesthetic signage of the downtown area will be consistent throughout. Project Description: The City is requesting proposals for the wayfinding signage program for the Downtown area, according to the Project Specifications and Plans contained herein(the"Project"). Project Specifications and Plans Scope of Work: The City had a comprehensive wayfinding signage program designed and approved by the City Council. The approved signage program is attached. Bidders must completely familiarize themselves with the specifications in this bid document. Phase 1: Phase 1 is anticipated to consist of fabrication and installation of 12 non-illuminated single faced pole mounted signs. Mounting Pole exists but mounting bracket needs to be provided by the Bidder and included in the bid price. There are a total of four(4) signs marked as#1 on the attached. These signs will be mounted on the pole 9 feet off the ground. These 4 signs are approximately 6 feet tall and 4 feet wide. Directional wording will be provided at a later date but the bid should include at a minimum of four lines of directional words and arrows at 5"tall. There are a total of eight(8) signs marked as#2 on the attached. Sign#2 will be mounted on the existing pole 10 feet off the ground. These signs are approximately 4 feet tall and 4 feet wide. Directional words will be provided at a later date but the bid should include a minimum of one line of directional words and arrows at 5"tall. Phase 2: Phase 2 is anticipated to consist of the fabrication and installation of total of two(2) single sided information kiosks shown as sign#3 and a total of two(2)double sided 4 1 P a g e information kiosks shown as sign#4. Sign#3 and Sign#4 will be an enclosed locking cabinet and each information line shall be changeable. Cabinet will be illuminated for viewing during the evening hours. City will provide the electric connection to the site location and Bidder shall connect the electricity to the sign. Mounting poles and mounting brackets for all signs included in Phase 2 are to be included in the bid price. Placement will be determined at a later date. Alternative Bids: The City is looking for alternative ideas for the Phase 2 kiosk signs. The City is interested in a touch screen and/or LED kiosk sign. Colors should follow the same pallet as specified. Artwork should remain consistent with the approved specifications herein. Please provide your designs and pricing. Bidder must provide pricing for Phase 1 and Phase 2 for the bid package to be valid. Bidders are encouraged to provide design ideas with pricing on the alternative bid but it is not required. Additional Information: As part of Phase 1,the Bidder will be required to assess the condition of the existing poles to assist in determining how to fasten the signs for long term placement. Traffic Control: The Bidder will be responsible for maintenance of traffic during installation of the wayward sign package. If necessary,the Bidder must use flag men,traffic cones and advance warning signs to assist with traffic flow and comply with the State of Illinois Traffic Control Manual. Debris: The Bidder shall clean and maintain all work areas at all times. Effective dust control by use of spray systems or other means shall be maintained at all times. Protection of Property and Utilities: All reasonable precautions will be taken to protect public and private property such as pavements, sidewalks, lawns, fences,bushes,trees, shrubs, catch basins,manholes, drains,utilities,buildings and other property from undue damage. If the Director of Public Works determines that the Bidder has damaged or destroyed property, it shall be repaired or replaced to the satisfaction of the Director at the Bidder's expense. If Applicable,the Bidder shall have full responsibility for locating all underground facilities in work areas,whether shown or not shown on the Drawings, and contacting JULIE for coordination of the work with the owners of such underground facilities during construction, for the safety and protection thereof, and repairing any damage thereto resulting from the Project;the cost of which shall be included in the Contract Unit Prices for the items specified. Rules,regulations, and codes governing the respective utilities which may be encountered shall be observed in executing all work Accident Reporting: All accidents occurring on the job which damage public or private property, result in injuries to workers or other persons,or damage to utilities shall be promptly reported to the City's Police and to the Public Works Department. 5 1 P a g e Instructions to Bidders 1. Receipt of Bid: Friday,October 27,2017; 10:00 A.M. 2. Basis of Bid: Sealed bids will be received until the above noted time and date. 3. Project Description: Fabrication, Delivery and Installation of custom wayfinding signs for the Downtown area 4. Preparation and Submission of Bids: A. Each bid shall be submitted on the exact form furnished. All blank spaces for bid prices,unit costs and alternates must be filled in using both words and figures if indicated. In case of any discrepancy in the amount bid,the prices expressed in written words shall govern. B. Each Bidder must complete, execute and submit with its bid a certifications regarding public contracting. C. Each Bidder must submit a complete bid package,including the following items: i. Signed Contract ii. Bid Certifications iii. Bid Sheet iv. Contract v. References A. Subcontractors List. vii. Equipment List viii. Bid Guarantee in the amount of 10% of the total of project. D. One(1)paper copy of the bid and one electronic version of the bid on a flash drive in a *.pdf(Adobe Acrobat) version shall be submitted in a sealed envelope on or before the time stated and shall bear the name of the individual, firm, or corporation submitting the Bid and the Bid Name-"Wayfinding Signage Program". E. Bidders may attach separate sheets to the bid for the purpose of explanation, exception, alternate bid and to cover unit prices,if needed. F. Bidders may withdraw their bid either personally or by written request at any time before the hour set for the bid opening,and may resubmit it. No bid may be withdrawn or modified after the bid opening except where the award of contract has been delayed for a period of more than ninety(90)days. G. In submitting this bid, the bidder further declares that the only person or party interested in the proposal as principals are those named herein;and that the bid is made without collusion with any other person,firm or corporation. H. The Bidder further declares that he has carefully examined this entire Bid Package, and he has familiarized himself with all of the local conditions affecting the Project and the detailed requirements of this work and understands that in making the bid he waives all rights to plead a misunderstanding regarding same. I. The Bidder further agrees that if the City decides to extend or shorten the completion period, or otherwise alters it by extras or deductions, including elimination of one or more of the items, as provided in the specifications, the Bidder will perform the work as altered, increased or decreased. J. The Bidder further agrees that the City representative may at any time during the progress of the Project covered by this Contract, order other work or materials incidental thereto and that all such work and materials as do not appear in the bid or contract as a specific item covered by a lump sum price, and which are not included under the bid price for other items in the Contract,shall be performed as extra work. 6Page K. The Bidder further agrees to execute all documents within this Bid Package, for this work and present all of these documents to the City. L. The Bidder further agrees to execute all documents within this Bid Package, obtain a Certificate of Insurance for this work and present all of these documents within fifteen (15)days after the receipt of the Notice of Award. M. The Bidder further agrees to begin work not later than ten(10)days after receipt of the Notice to Proceed, unless otherwise provided, and to execute the work in such a manner and with sufficient materials,equipment and labor as will insure its completion within the time limit specified within the bid, it being understood and agreed that the completion within the time limit is an essential part of the contract. N. By submitting a bid, the Bidder understands and agrees that, if his bid is accepted, and he fails to enter into a contract forthwith, he shall be liable to the City for any damages the City may thereby suffer. O. No bid will be considered unless the party offering it shall furnish evidence satisfactory to the City that he has necessary facilities, ability and pecuniary resources to fulfill the conditions of the Contract. 5. Additional Information Reauest:_Ouestions regarding this Invitation To Bid can be emailed to Annie Callahan,Purchasing Manager at ACallahan(&yorkville.il.us and specific questions regarding the specifications in this Invitation To Bid can be emailed to Krysti Noble at knobleAyorkville.il.us by the end of business on October 20,2017. Answers will be provided in writing to all potential Bidders who the City has notice of their intent to submit a bid;No oral comments will be made to any Bidder as to the meaning of the Invitation To Bid and Specifications or other contract documents. Bidders will not be relieved of obligations due to failure to examine or receive documents,visit the site or become familiar with conditions or facts of which the Bidder should have been aware of and the City will reject all claims related thereto. Information(other than in the form of a written Addendum issued by the City) from any officer, agent, or employee of the City or any other person shall not affect the risks or obligations assumed by the Bidder or relieve him from fulfilling any of the conditions and obligations set forth in the proposal and other contract documents. Before the proposals are opened, all modification or additions to the proposal documents will be made in the form of a written Addendum issued by the City. Any Addendum issued will be posted on the City's website. In the event of conflict with the original contract documents, addenda shall govern all other contract documents to the extent specified. Subsequent addenda shall govern over prior addenda only to the extent specified. The Bidder shall be required to acknowledge receipt of the formal Addendum by signing the Addendum and including it with the proposal quotation. Failure of a Bidder to include a signed formal Addendum in its bid shall deem its bid non-responsive: provided,however that the City may waive this requirement if it in its best interest. 7Page 6. Conditions: A. The City is exempt from Federal excise tax and the Illinois Retailer's Occupation Tax. This bid shall not include any amounts of money for these taxes. B. To be valid, the bids shall be itemized so that selection for purchase may be made, there being included in the price of each unit the cost of delivery(FOB Destination). C. The City shall reserve the right to add or to deduct from the base bid and/or alternate bid any item at the prices indicated in itemization of the bid. D. All bids shall be good for ninety(90)days from the date of the bid opening. 7. Award of Bid: The United City of Yorkville reserves the right to reject any or all bids and to waive any informality or technical error and to accept any bid deemed most favorable to the interests of the United City of Yorkville. A. The items of work not specifically mentioned in the Schedule which are necessary and required to complete the work intended shall be done incidental to and as part of the items of work for which a unit price is given. No additional payment will be made for such incidental work. The Bidder shall be responsible for identifying all costs to complete the project on time and in order to create a functional and operational system in accordance with the Plans and Specifications. B. In addition to price,the City may consider: • Design of signs submitted in Alternative bids • Ability,capacity and skill to fulfill the contract as specified. • Ability to supply the commodities,provide the services or complete the construction promptly,or within the time specified,without delay or interference. • Character,integrity,reputation,judgment,experience and efficiency. • Quality of performance on previous contracts. • Previous and existing compliance with laws and ordinances relating to the contract. • Sufficiency of financial resources. • Quality,availability and adaptability of the commodities, services or construction, in relation to the City's requirements. • Ability to provide future maintenance and service under the contract. • Number and scope of conditions attached to the bid/proposal. • Record of payments for taxes,licenses or other monies due the City 8. Reiection of Bids: A. The City reserves the right to cancel invitations for bids or requests for proposals without penalty when it is in the best interest of the City. Notice of cancellation shall be sent to all individuals or entities solicited. B. The City reserves the right to reject any or all bids,to waive any minor informality or irregularity in any bid,to negotiate changes and/or modifications with the lowest responsible bidder and to make award to the response deemed to be the most advantageous to the City. Any bid not conforming to the specifications or requirements set forth by the City in the bid request may be rejected. C. Bids may also be rejected if they are made by a bidder that is deemed un- responsible due to a lack of qualifications, capacity, skill,character, experience, reliability, financial stability or quality of services, supplies,materials, equipment or labor. 9. Equal ORRortunity: The Bidder will not discriminate against any employee or applicant for employment because of race, color,religion, sex,ancestry,national origin,place of birth, age or handicap unrelated to bona fide occupational qualifications. Page 18 10. Non-Discrimination: The Bidder, its employees and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. 12. • The Bidder,in signing his Bid on the whole or on any portion of e work,shall contorm to the following requirements: Bids signed by an individual other than the individual represented in the Bid documents shall have attached thereto a power of attorney evidencing authority to sign the Bid in the name of the person for whom it is signed. Bids which are signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Bid a power of attorney evidencing authority to sign the bid,executed by the partners. Bids which are signed for a corporation shall have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name. If such Bid is manually signed by an official other than the President of the Corporation, a certified copy of a resolution of the board of directors evidencing the authority of such official to sign the Bid should be attached to it. Such Bid shall also bear the attesting signature of the Secretary of the corporation. 13. Independent Contractor: There is no employee/employer relationship between the Contractor and the City. Contractor is an independent contractor and not the City's employee for all purposes, including,but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker's Compensation Act (820 ILCS 305/1, et seq.).The City will not(i) provide any form of insurance coverage, including but not limited to health, worker's compensation, professional liability insurance, or other employee benefits, or(ii) deduct any taxes or related items from the monies paid to Contractor. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Contractor and the City, and the City is not and will not be liable for any obligations incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship or partnership between the City and the Contractor. 14. Approval and Use of Subcontractors: The Contractor shall perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All subcontractors and subcontracts used by the Contractor shall be included on the Subcontractor's form in the Bid proposal and be acceptable to, and approved in advance by the City. The City's approval of any subcontractor or subcontract shall not relieve the Contractor of full responsibility and liability for the provision,performance, and completion of the Work in full compliance with, and as required by or pursuant to,this Contract. If the Contractor chooses to use subcontractors to perform any of the Work,the Work performed under any subcontract shall be subject to all of the provisions of this Contract in the same manner as if performed by employees of the Contractor. Every reference in this Contract to 9Page "Contractor" shall be deemed to also apply to all subcontractors of the Contractor.Every subcontract entered into by the Contractor to provide the Work or any part thereof shall include a provision binding the subcontractor to all provisions of this Contract. If any personnel or subcontractor fail to perform the part of the Work undertaken by it in a manner satisfactory to the City, the Contractor shall immediately upon notice from the City remove and replace such personnel or subcontractor. The City shall have no claim for damages, for compensation in excess of the contract price, or for a delay or extension of the contract time as a result of any such removal or replacement. 15. Assignment: Neither the City nor the Contractor shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party. 16. Governing Law: The Contract and the rights of the City and Bidder under the Contract shall be interpreted according to the laws of the State of Illinois. Venue for any action related to the Contract will be in the Circuit Court of Kendall County,Illinois. 17. Changes in Law: Unless otherwise explicitly provided in the Contract, any reference to laws shall include such laws as they may be amended or modified from time to time. 18. 11= The Contract Time is of the essence of this Contract. Except where otherwise stated,references in the Contract to days shall be construed to refer to calendar days. 101Page GENERAL CONDITONS This entire bid package and following sections apply to all bids requested and accepted by the City and become a part of the contract unless otherwise specified. Persons submitting bids or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bids. The City assumes that submission of a bid means that the person submitting the bid has become familiar with all conditions and intends to comply with them unless noted otherwise. 1. Definitions: The Term "City"whenever used in the contract documents shall be construed to mean the United City of Yorkville. The United City of Yorkville,the Community Development Department, and the Director of Community Development shall also be known herein, respectively, as the City, the Department, and the Director. 2. Conditions: The Bidder is responsible for being familiar with all conditions, instructions, and documents governing this Project and bid. Failure to make such investigation and preparations shall not excuse the Contractor from performance of the duties and obligations imposed under the terms of the contract. 3. Bid Bond: If the bidder's proposal for this project exceeds forty thousand dollars ($40,000.00),bids shall be secured by a certified check,bank draft, satisfactory bid bond or approved letter of credit in the amount of ten percent(10%)of the total amount of the complete project. Bid security shall be submitted with the bid. 4. Performance Bond: If the bidder's proposal for the project is equal to or greater than $5,000 then the following bonds shall be delivered to the City and shall become binding with the acceptance of the bid: Performance bond satisfactory to the City, executed by Surety Company authorized to do business in the state or otherwise secured in a manner satisfactory to the City, in an amount equal to 110%of the complete project. The surety on the bond shall be a company that is licensed by the Department of Insurance authorizing it to execute surety bonds and the company shall have a financial strength rating of at least A-as rated by A.M. Best Company, Inc., Moody's Investors Service, Standard&Poor's Corporation, or a similar rating agency. Upon receipt of the performance bond,the City will return the bid bond to the bidder. 5. Insurance Reauirements: The successful Bidder shall comply with the City's insurance requiremnts attached hereto as Exhibit B. 6. Force Maieure: Whenever a period of time is provided for in this Agreement for the Contractor or the City to do or perform any act or obligation,neither party shall be liable for any delays or inability to perform if such delay is due to a cause beyond its control and without its fault or negligence including,without limitation: a)Acts of nature;b) Acts or failure to act on the part of any governmental authority other than the City or Contractor,including,but not limited to, enactment of laws,rules,regulations,codes or ordinances subsequent to the date of this Agreement; c)Acts or war; d)Acts of civil or military authority; e)Embargoes; f)Work stoppages, strikes,lockouts, or labor disputes; 11Page g)Public disorders,civil violence,or disobedience;h)Riots,blockades, sabotage, insurrection, or rebellion; i)Epidemics or pandemics;j)Terrorist acts;k)Fires or explosions; l)Nuclear accidents; m)Earthquakes, floods,hurricanes,tornadoes,or other similar calamities; n)Major environmental disturbances; or o)Vandalism. If a delay is caused by any of the force majeure circumstances set forth above,the time period shall be extended for only the actual amount of time said party is so delayed. Further, either party claiming a delay due to an event of force majeure shall give the other party written notice of such event within three(3)business days of its occurrence or it shall be deemed to be waived. 7. Liquidated Damages: Time is of the essence to the contract. Should the Contractor fail to complete the work within the specified time stipulated in the contract or within such extended time as may have been allowed,the Contractor shall be liable and shall pay to the City the amount shown in the following schedule of deductions,not as a penalty but as liquidated damages, for each hour of overrun in the contract time or such extended time as may have been allowed. The liquidated damages for failure to complete the contract on time are approximate, due to the impracticality of calculating and proving actual delay costs. This schedule of deductions establishes the cost of delay to account for administration, engineering, inspection, and supervision during periods of extended and delayed performance. The costs of delay represented by this schedule are understood to be a fair and reasonable estimate of the costs that will be borne by the City during extended and delayed performance by the Contractor of the work. The liquidated damage amount specified will accrue and be assessed not until final completion of the total physical work of the contract even though the work may be substantially complete. The City will deduct these liquidated damages from any monies due or to become due to the Contractor from the City. Deduction for Each Day of Overrun in Contract Time: $250.00 per day. 8. Compliance with Laws and Regulations: In connection with the performance of the work,the Contractor shall comply with all statutes, laws,regulations, and orders of federal, state,county, or municipal authorities which shall impose any obligation or duty upon the Contractor. 9. Contract Term: The contract will begin upon a full executed Agreement and approval of the City Council and expire no later than sixty(60)days following the completion of the installation of Phase 2. 10. Driver's License: Before commencing work,the Contractor shall provide a copy of valid driver's license for each employee operating equipment in the City. Drivers shall possess a Commercial Driver's License with appropriate endorsements if operating equipment that requires such a license. 11. Change Orders: After a contract is awarded pursuant to the competitive bid procedures specified herein, additional purchases or modifications may be made under the contract, or the terms of the contract may be extended, without rebidding the materials, supplies, services or equipment involved,provided that the change order: 121Page a. Is approved by the City Council when the change order is an increase or decrease of more than$10,000 or the time of completion by more than 30 days. b. Is approved by the by the City Administrator, or his/her designee for change orders that are not greater than ten thousand dollars($10,000.00). 12. Construction Contracts: a. The Bidder must comply with all applicable laws prerequisite to doing business in the state. b. The Bidder must have a valid Federal Employer Tax Identification Number or Tax Identification Number(for individuals). C. The Bidder must provide a Statement of Compliance with provisions of the State and Federal Equal Opportunity Employer requirements. 13. Termination: The City shall have the right at any time and for any reason(without any penalty)to terminate, in whole or in part,this Contract,provided that the City shall provide Contractor at least ten(10)days' prior written notice of such termination whereupon this Agreement shall automatically terminate immediately after the 110'day. a. When this contract, or any portion hereof, is terminated or cancelled by the City, and the Contractor released before all items of work included in this contract have been completed,payment may be made be prorated as a percentage of completion of the actual work at contract unit prices, and no claims for loss of anticipated profits or other damages will be made and are hereby waived. b. Termination of a contract,as stated above,will not relieve the Contractor or his/her surety of the responsibility of replacing defective work or materials. 14. Additional Items: The City and Contractor further agree that a. Prevailing Wage Some or all of the work herein may be subject to the provisions of Prevailing Wage Act, 820 ILCS 130/0.01 et.seq.,providing for the payment of prevailing rate wages to all laborers,workmen and mechanics engaged on work. The Contractor agrees that,prior to making any payments to its own laborers, workers,or mechanics or to any subcontractor it will determine whether it must legally pay wages in accordance with the Prevailing Wage Act, and if so legally required,pay the then-current prevailing rate of wage as determined by the Illinois Department of Labor and posted at: http//www.state.il.us/agency/idol/. The City may at any time inquire of the Contractor as to rates of wages being paid employees of the Contractor, and any subcontractor or material men, whereupon such information shall be promptly provided by the Contractor. The Contractor shall indemnify the City for any and all violations of the prevailing wage laws and any rules and regulations now and hereafter issued pursuant to said laws. The Contractor shall insert into each subcontract and into the project specifications for each subcontract a written stipulation requiring all laborers, workers and mechanics performing work under the contract to comply with the Prevailing Wage Act and to require each subcontractor to insert into each lower- tiered contract and into the project specification for each lower tiered subcontract a similar stipulation. 13Page b. Sexual Harassment: During the entire term of the contract, Contractor shall have in full force and effect a written Sexual Harassment Policy,which complies with the Illinois Human Rights Act(775- ILCS 5/1-101 et.seq.) including at least the following: 1) a statement on the illegality of sexual harassment; 2)the definition of sexual harassment under Illinois Law; 3)a description of sexual harassment,utilizing examples; 4)an internal complaint process, including penalties; 5)the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights("Department")and the Illinois Human Rights Commission("Commission"); 6)directions on how to contact the Department and the Commission; and 7)protection against retaliation as provided by Section 6-101 of the Act. C. Drug Free Workplace: In compliance with Illinois law,The Contractor certifies and agrees that it will provide a drug free workplace by: 1) Publishing a Statement: 2) Notifying employees that the unlawful manufacture,distribution,dispensing, possession, or use of a controlled substance,including cannabis, is prohibited in the Contractor's workplace. 3) Specifying the actions that will be taken against employees for violations of such prohibition. 4) Notifying the employee that, as a condition of employment on such Contract, the employee will: 5) Abide by the terms of the statement; and 6) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. 7) Establishing a drug free awareness program to inform employees about: 8) The dangers of drug abuse in the workplace; 9) The Contractor's policy for maintaining a drug free workplace; 10)Available counseling,rehabilitation,or assistance programs; and 11)Penalties imposed for drug violations. 12)Providing a copy of the Statement required by subsection(a)to each employee engaged in the performance of the Contract and to post the Statement in a prominent place in the workplace. 13)Notifying the contracting agency within ten(10)days after receiving notice of any violations as listed above. 14)Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program,by any employee who is so convicted, as required by Section 5 of the Drug Free Workplace Act. 15)Assisting employees in selecting a course of action in the event drug counseling,treatment,and rehabilitation are required and indicating that a trained referral team is in place. 16)Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 17)The Contractor will be required to sign a Drug Free Workplace Certification. d. Substance Abuse Prevention on Public Works Projects: Before a contractor or subcontractor commences work on a public works project as defined in 820 ILCS 130/2,the contractor or subcontractor shall have in place a written program which meets or exceeds the program requirements in the Substance Abuse Prevention on Public Works Projects Act,to be filed with the public body engaged in the construction of the public works and made available to the general 14Page public, for the prevention of substance abuse among its employees. The testing must be performed by a laboratory that is certified for Federal Workplace Drug Testing Programs by the Substance Abuse and Mental Health Service Administration of the U.S. Department of Health and Human Services. At a minimum,the program shall include all of the following: 1) A minimum requirement of a 9 panel urine drug test plus a test for alcohol. Testing an employee's blood may only be used for post-accident testing, however,blood testing is not mandatory for the employer where a urine test is sufficient. 2) A prohibition against the actions or conditions specified in 820 ILCS 265/10. 3) A requirement that employees performing the work on a public works project submit to pre-hire,random,reasonable suspicion, and post-accident drug and alcohol testing. Testing of an employee before commencing work on a public works project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the public works project. 4) A procedure for notifying an employee who violates 820 ILCS 265/10,who tests positive for the presence of a drug in his or her system, or who refuses to submit to drug or alcohol testing as required under the program that the employee may not perform work on a public works project until the employee meets the conditions specified in subdivisions(2)(A)and(2)(B)of 820 ILCS 265/20. e. Non-Collusion: The Contractor represents that it is not barred from bidding for this contract as a result of a violation of 720 ILCS 5/33E concerning bid rigging, rotating,kickbacks,bribery and interference with public contracts. The Contractor will be required to sign the Non-Collusion Certification. f. Compliance with Laws and Regulations: In connection with the performance of the work,the Contractor shall comply with all statutes, laws,regulations, and orders of federal, state,county,or municipal authorities which shall impose any obligation or duty upon the Contractor. 15Page REFERENCES UNITED CITY OF YORKVILLE General Information, list below current business references for whom you have performed work similar to that required by this proposal. Business: Dundee Township Park District Address: 665 Barrington Ave City,State,Zip Code: Carpentersville, IL 60110 Telephone Number: 847-551-4322 Contact Person: Larry Moscato Dates of Service: Spring 2017 Business: Ravinia District Signs Address: City, State,Zip Code: Highland Park, IL Telephone Number: 847-872-1853 Contact Person: Eric Olsen Dates of Service: Fall 2016 Business: Village of Deforest Address: City,State,Zip Code: Deforest, WI Telephone Number: 608-846-6775 Contact Person: Sam Blahnik Dates of Service: Fall 2016 If additional sheets are needed,please make copies. 161Pa-c SUBCONTRACTORS UNITED CITY OF YORKVILLE Provide the name,contact information,and value of work for each and every subcontractor which will be employed on this project. Subcontractor No. 1: None Address: City, State,Zip Code: Telephone Number: Value of Work Subcontracted: Nature of Work Subcontracted: Subcontractor No.2: Address: City,State,Zip Code: Telephone Number: Value of Work Subcontracted: Nature of Work Subcontracted: Subcontractor No.3: Address: City,State,Zip Code: Telephone Number: Value of Work Subcontracted: Nature of Work Subcontracted: If additional sheets are needed,please make copies. 17111a�e EQUIPMENT LIST UNITED CITY OF YORKVILLE Name Make Model Year Use Pickup Chev 3500 2012 Transport Crane Ford 2016 Lift Signs If additional sheets are needed,please make copies. ISIPag� Bid Proposal Sheet 57iG.vs .T Wc:. The prices stated in this proposal are guaranteed for 90 days from the date of hereof and if awarded within that period,we agree to complete the work covered by this Proposal at said prices. Bidders must fill in"Bid Unit Price"and"Extended Amount"for each bid item.Extend all prices to two decimals. Base Bid—Phase 1 Sign# Item Description Estimated Bid Unit Price Extended Quantity Amount 1 Vehicular Wayfinding 4 $1,375.00 $5,500.00 2 Downtown Directional 8 $990.00 $7,920.00 TOTAL OF BASE BID—PHASE 1 ITEMS: $13,420.00 Base Bid—Phase 2 Sign# Item Description Estimated Bid Unit Price Extended Quantity Amount 3 Single skied Kiosks 2 $5,160.00 $10,320.00 4 Double sided Kiosks 2 $5,770.00 $11,540.00 TOTAL OF BASE BID—PHASE 2 ITEMS: $21,860.00 ALTERNATIVE BID PHASE 2—use additional pages for details and design Sign# Item Description Estimated Bid Unit Price Extended Quantity Amount 1 2 2 2 TOTAL OF ALTERNATE BID ITEMS FOR PHASE 2: N/A 191Pagc i Bid Proposal Sheet The undersigned understands that there may be changes, omissions,or modification in the work, and that appropriate adjustments will be made to the Contract price in accordance with the Contract Documents. The undersigned understands that the City reserves the right to accept or reject any or all bids, and to waive all formalities, any irregularities, and accept the Bid deemed to be in the Owner's best interest. I hereby certify that the item(s) proposed is/are in accordance with the specifications as noted and that the prices quoted are not subject to change; and that the Person submitting the proposal is not barred by law from submitting a proposal to the City for the project contemplated herein because of a conviction for prior violations of either Illinois Compiled Statutes, 720 ILCS 5/33E-3 (Proposal Rigging) or b720 ILCS 5/33-4 (Proposal Rotating); and that The Person submitting the proposal is not delinquent in payment of any taxes to the Illinois Department of Revenue in accordance with 65 ILCS 5/11-42.1; and that The Person submitting the proposal provides a drug free workplace pursuant to 30 ILCS 580/1,et seq., and that i The Person submitting the proposal certifies they have a substance-abuse program and provide drug testing in accordance with 820 ILCS 130/11G, Public Act 095-0635; and that I The Person submitting the proposal is in compliance with the Illinois Human Rights Act 775 ILCS 5/1.101 et seq. including establishment and maintenance of sexual harassment policies and program. Michael's Signs Inc. �41 Firm Name Sign6d Name and Title 3914 S Memorial Dr Stephen Prochaska President Street Address Print Name and Title Racine WI 53403 bill@michaelsigns.com City State Zip E-mail Address 262-554-6066 262-554-0574 Phone Number Fax Number 10-24-2017 Date it I I 201Page UNITED CITY OF YORKVILLE 800 Game Farm Road YORKVILLE,ILLINOIS 60560 CONTRACT THIS CONTRACT made this 24th day of October , 201_7 by and between the United City of Yorkville, an Illinois municipal corporation hereinafter called the "Owner' and YMichael's Signs Inc located at 3914 S Memorial r acinEhe after called the"Contractor". WITNESSETH: WHEREAS, the Owner has heretofore solicited Proposals for all labor and materials necessary to complete the work specified in this bid package-, WHEREAS, the Owner has found that the Contractor is the lowest responsible person submitting the proposal for said work and has awarded the Contractor this contract for said work. NOW, THEREFORE, for and in consideration of their mutual promises and agreements,the parties hereto do hereby agree as follows: I. The Contractor agrees to furnish all materials, supplies, tools, equipment, labor and other services necessary to commence and complete the wayfinding signage program in accordance with the conditions and prices stated in the Request for Proposal, Instructions to Persons submitting proposals — General Conditions, Special Conditions, Insurance Requirements, Specifications and Plans, Proposal, and-Detail Exception Sheet all of which are made a part hereof and herein called the "Contract Documents". 2. The Owner will pay the Contractor in the amounts, manner and at times as set forth in the Contract Documents. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials,this Contract as of the dayand year first above written: UNITED CITY QF YO LLE By: CONTRACTOR: By: Signa&e Stephen Prochaska 10-24-2017 Print Name and Title 21111 e DETAIL EXCEPTION SHEET Any exception must be clearly noted on this sheet. Failure to do so may be reason for rejection of the bid. It is not our intention to prohibit any potential bidder from bidding by virtue of the specifications,but to describe the material(s)and service(s)actually required. The village reserves the right to accept of reject any or all exceptions. Bidder's exceptions are: 22111 age Exhibit A Sample Yorkville Placemaking and Wayfinding Elements .".:� 0 Sign#1 Sign#2 re ru COOK y PIAM t uueruv�n L'i�iSi r""wu ry I OTT sewma WVMW wrr Sample Yorkville Placemaking and Wayfinding Elements ■--i P-► Sign#3&#4 p N W ,..,. •, ._w .. CITY COMEM MVMW DRAFT Exhibit B UNITED CITY OF YORKVILLE, ILLINOIS INSURANCE REQUIREMENTS Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property,which may arise from or in connection with the performance of the work hereunder by the Contractor,his agents,representatives,employees,or subcontractors. 1. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability Occurrence Form CG 0001 with the City named as additional insured;on a form at least as broad as the endorsement in paragraph 10 including ISO Additional Insured Endorsement CG 2026,CG 2010. B. Owners and Contractors Protective Liability (OCP) policy is required with the City as insured (for contracts with subcontractors and projects that are inherently dangerous). C. Insurance Service Office Business Auto Liability Coverage Form Number CA 0001,Symbol 01 "Any Auto." D. Workers'Compensation as required by the Worker's Compensation Act of the State of Illinois and Employers'Liability insurance. E. Builder Risk Property Coverage with City as loss payee. 2. MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits no less than if required under above scope: A. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury,personal injury,and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than$2,000,000 or a project/contract specific aggregate of$1,000,000. B. Owners and Contractors Protective Liability(OCP): $1,000,000 combined single limit per occurrence for bodily injury and property damage. C. Businesses Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. D. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers'Liability limits of$1,000,000 per accident. E. Builder's Risk shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed value, replacement cost basis. (Protection against loss of materials during construction,renovation,or repair of a structure.) F. Umbrella Excess Insurance: $3,000,000. "Following form"of the underlying and excess policies including listing the City as an additional insured. 3. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, agents, employees,and volunteers;or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration,and defense expenses. 4. OTHER INSURANCE PROVISIONS The policies are to contain,or be endorsed to contain,the following provisions: A. General Liability and Automobile Liability Coverages 1. The City, its officials, agents, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of the Contractor's work, including activities performed by or on behalf of the Contractor, products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City,its officials,agents,employees,and volunteers. 2. The Contractor's insurance coverage shall be primary as respects the City, its officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, agents, employees, and volunteers shall be excess of Contractor's insurance and shall not contribute with it. Exhibit B 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City,its officials,agents,employees,and volunteers. 4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not"follow form,"then the Contractor shall be required to name the City,its officials,agents,employees,and volunteers as additional insureds. 6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability policies will not be accepted. B. All Coverages Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled,reduced in coverage,or in limits except after thirty(30)days prior written notice by certified mail,return receipt requested,has been given to the City. 5. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A-,VII,and licensed to do business in the State of Illinois. 6. VERIFICATION OF COVERAGE Contractor shall furnish the City with certificates of insurance naming the City, its officials, agents, employees, and volunteers as additional insureds, and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before any work commences. Other additional insured endorsements may be utilized,if they provide a scope of coverage at least as broad as the coverage stated in paragraph 10,such as ISO Additional Insured Endorsements CG 2026 or CG 2010. The City reserves the right to request full certified copies of the insurance policies and endorsements. 7. SUBCONTRACTORS Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 8. ASSUMPTION OF LIABILITY The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any subcontractor,any supplier,or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to this agreement. 9. INDEMNITY/HOLD HARMLESS PROVISION To the fullest extent permitted by law,the Contractor hereby agrees to defend, indemnify, and hold harmless the City, its officials, agents, and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments,cost,and expenses,which may in anywise accrue against the City,its officials,agents,and employees,arising in whole or in part or in consequence of the performance of this work by the Contractor,its employees,or subcontractors,or which may anywise result therefore,except that arising out of the sole legal cause of the City,its agents,or employees,the Contractor shall,at its own expense,appear,defend,and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith,and,if any judgment shall be rendered against the City,its officials,agents, and employees,in any such action,the Contractor shall,at its own expense,satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract,or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City,its officials,agents,and employees as herein provided. 10. ADDITIONAL INSURED ENDORSEMENT The"WHO IS AN INSURED"section of the policy/coverage document shall be amended to include as an insured,the City, but only with respect to liability arising out of your work. For purpose of this endorsement,"arising out of your work"shall mean: (1) Liability the Additional Insured may incur resulting from the actions of a contractor it hires, (2) Liability the Additional Insured may incur for negligence in the supervision of the Named Insured Contractors work, (3) Liability the Additional Insured may incur for failure to maintain safe worksite conditions,and(4)Liability the Additional Insured may incur due to joint negligence of the Named Insured Contractor and the Additional Insured.