16-25 Tree Inventory _ Risk Assessment RFP.pdf

Request for Proposal

Issued By

CITY OF PEORIA

PURCHASING DIVISION

PEORIA CITY HALL

419 FULTON ST * ROOM 108

PEORIA, ILLINOIS 61602

PHONE (309) 494-8507 * FAX (309) 494-8510

Sealed proposals will be received at the Purchasing Office, Peoria City Hall - Peoria, Illinois until

July 29, 2025 at 2:00 PM for the goods or services described herein.

RFP 16-25 Smart Tree Inventory Risk Assessment

Company Name ______________________________

City of Peoria

Finance Department – Purchasing

Division 419 Fulton St. Peoria, IL 61602

RFP Title: Smart Tree Inventory & Risk

Assessment

RFP # 16-25

TABLE OF CONTENTS

SECTION 1: LEGAL NOTICE…………………………………………………………… .….2

SECTION 2: GENERAL INSTRUCTIONS TO PROPOSERS……………………………….3

SECTION 3: CONTRACT TERMS…………………………………………………………

SECTION 4: SCOPE OF WORK/SPECIFICATIONS…………...…………………………..16

SECTION 5: RESPONSE REQUIREMENTS…………………......………………………

SECTION 7: EVALUATION OF RESPONSES…………...……………………………...….24

ATTACHMENT A: PROPOSAL SIGNATURE PAGE

ATTACHMENT B: SAMPLE DATA POINTS (LAST TREE INVENTORY)

Division 419 Fulton St. Peoria, IL 61602

RFP Title: Smart Tree Inventory & Risk

SECTION 1

LEGAL NOTICE

The City of Peoria is currently accepting proposals for the following goods or services:

SMART TREE INVENTORY & RISK ASSESSMENT

1.1 OVERVIEW– The City of Peoria, Illinois (hereinafter "City"), is seeking proposals for a firm

(hereinafter “Service Provider” to conduct a Smart Tree Inventory for an estimated 20,000-25,000 trees within the public right-of-way of approximately 480 street miles.

1.2 PRE-BID MEETING – No pre-bid meeting is scheduled for this RFP.

1.3 BID OPENING – The City of Peoria will accept sealed bids at City Hall – Purchasing Division:

419 Fulton St. RM 108, Peoria, IL 61602, or electronically submitted bids until 2:00 PM July 29, 2025. The public is allowed to attend the opening in person. To view the Bid Opening remotely a link will be provided through the BidNet portal shortly before the scheduled bid opening.

1.4 BID DOCUMENTS – In order to view the bid documents, you must register on the City of Peoria online bid portal (BIDNET) at www.bidnet.com/cityofpeoria. For instructions on how to register you can click here.

http://www.bidnet.com/cityofpeoria.%20Fo https://www.peoriagov.org/DocumentCenter/View/1438/Vendor-Registration-Guide---City-of-Peoria-PDF?bidId=

Division 419 Fulton St. Peoria, IL 61602

RFP Title: Smart Tree Inventory & Risk

SECTION 2

GENERAL INSTRUCTIONS TO PROPOSERS

2.1 RFP SUBMISSION INFORMATION - There are two (2) options for RFP submittal.

2.1.1 Hardcopy Option - Sealed bids – one (1) original and three (3) copies – will be accepted by the City of Peoria at the Peoria City Hall – Purchasing Division: 419 Fulton St. RM 108, Peoria, IL 61602, until 2:00 p.m. on July 29, 2025. Bids shall be mailed/dropped off in a sealed envelope or package with the bid title and bid number marked on the outside. Please include your company name and return address on the outside of the envelope.

2.1.2 Electronic Option - Bids can also be submitted electronically through BidNet. Only one copy is needed. Please see Electronic Bid Submission Guidelines attached separately for additional information and instructions.

2.1.3 Bids received after the stated date and time will not be considered. Faxed bids will not be accepted. Bids will be opened and publicly recorded immediately following the closing time set for the receipt of bids.

2.2 ENVELOPE IDENTIFICATION - Proposers shall submit their response in a sealed envelope which shall be clearly labeled with the organization/individual name and address. Proposers should also indicate (RFP# and RFP Title) in the LOWER LEFT- HAND CORNER OF THEIR

ENVELOPE.

2.3 QUESTIONS - All questions regarding this solicitation must be submitted in writing. Questions should be submitted through BidNet. Proposers will receive notifications from BidNet when answers are posted through issuing addenda. Vendors may not contact any other City Departments or Staff with inquiries regarding this RFP.

2.4 ACCEPTANCE OF PROPOSALS - The right is reserved, as the interest of the City may require, to reject any or all proposals and to waive any non-material informality or irregularity in the proposals received. All proposals will be in English. The City will award the proposals as described below or reject all bids within sixty (60) calendar days from the bid opening date.

2.5 ADDITIONAL COPIES OF SPECIFICATIONS - Proposers may secure additional copies of the RFP from the City of Peoria Online Bid Portal.

http://www.bidnetdirect.com/illinois/cityofpeoria

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RFP Title: Smart Tree Inventory & Risk

2.6 BIDNET DIRECT - Proposers must register as a vendor on the City of Peoria’s Online Bid Portal to access RFP Documents. There is no charge to register. To complete registration, go to www.bidnetdirect.com/cityofpeoria - click on “Vendor Registration” in the upper right corner of the page. Enter your company information, and when prompted, select the “Limited Access” option. If you have questions of problems while registering, please call the BidNet Support Team at 800- 835- 4603 for direct assistance.

2.7 CLOSING TIME - The RFP closing time will be based upon Central Standard Time or Central

Daylight Time, whichever is in effect on the date the RFP is due.

2.8 WITHDRAWAL OF PROPOSALS - Proposers may withdraw their responses at any time prior to the RFP closing time by telephone, fax, or written request. A telephone request must be confirmed in writing within 24 hours of the call and prior to closing time. No proposer shall withdraw their response for a period of sixty (60) calendar days from the RFP opening date.

Negligence on the part of the proposer in preparing a response to the RFP confers no right of withdrawal or modification of a proposal after it has been opened. No proposal will be opened which has been received after the closing time specified in the RFP and it will be returned unopened to the proposer.

2.9 ALTERNATE PROPOSALS - The specifications describe the supplies and/or service which the

City feels are necessary to meet the performance requirements of the City. Proposers desiring to submit a proposal on items which deviate from these specifications, but which they believe to be equivalent, are requested to submit alternate proposals. However, ALTERNATE TENDERS MUST

BE CLEARLY INDICATED AS SUCH AND DEVIATIONS FROM THE APPLICABLE

SPECIFICATIONS PLAINLY NOTED. The proposal must be accompanied by complete specifications of the items offered.

2.10 AWARD - An award will be made to the (responsive and responsible) proposal that is determined to be in the best interest of the City. Responses will be scored according to the given scoring matrix and awarded based on that scoring model. The quality of the articles to be supplied, their conformity with specifications/scoring matrix and their suitability to the requirements of the City and the delivery terms will be taken into consideration in making the award.

2.10.1 The City of Peoria reserves the right to award to either single or multiple vendors.

2.10.2 The City reserves the right to waive technicalities and accept the proposal that best suits its needs.

http://www.bidnetdirect.com/cityofpeoria

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RFP Title: Smart Tree Inventory & Risk

2.11 PRICES - Unit prices shall be shown for each unit on which there is a bid and shall include all packing, crating freight and shipping charges and cost of unloading supplies at destination unless otherwise stated in the bid response. All prices shall be stated in U.S. dollars. Unit prices shall not include any local, state, or federal taxes. In case of a mistake in extension of price, unit price shall govern. All prices must be typewritten or written in ink. No erasures are permitted. Mistakes must be crossed out and corrections typewritten or written in ink adjacent there to and initialed in ink by the party signing the proposal or his authorized representative.

2.12 SIGNATURES - Each proposal must be signed by the proposal with their usual signature. Bids by partnerships must be signed with the partnership name by one of the members of the partnership, or by an authorized representative, followed by the signature and title of the person signing. Bid responses by corporations must be signed with the name of the corporation, followed by the signature and title of person authorized to bind it on the matter. All signatures must be in ink.

2.12.1 By signing and submitting the response to this document, the Vendor/Service Provider /

Consultant is certifying they have not been barred from bidding by Federal, State or

Local governments and have not been suspended or debarred from receiving federal funding.

2.13 INVESTIGATION - Proposers shall make all investigations necessary to thoroughly inform themselves regarding the supplies and/or service to be furnished in accordance with the proposal.

No plea of ignorance by the proposal, of conditions that exist or that may hereafter exist because of failure or omission on the part of the proposal to make the necessary examinations and investigations, will be accepted as a basis for varying the requirements of the City or the compensation to the proposal.

2.14 SAMPLES - Samples of items, when required, must be submitted within the time specified and at no expense to the City; and if not destroyed in testing, they will be returned at the proposer's request and expense. Samples, which are not requested for return within thirty (30) days, will become the property of the City.

2.15 RESPONSES – A response is requested of all proposers even if it is a “no bid.” Do not include any personal information such as social security numbers that the proposer wishes to keep confidential.

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RFP Title: Smart Tree Inventory & Risk

2.16 RFP PROCESS – This process does not obligate the City to award a contract, or pay any cost incurred by the Vendor/Service Provider /Consultant responding to this request. The City reserves the right to accept or reject any or all statements received because of this request. All information submitted in response to this request will become the property of the City. Please be aware that it is the City’s policy to not compensate a proposer for any time or expenses incurred during the selection and negotiation process.

2.17 LOCAL PURCHASING ORDINANCE- For purchases of $10,000.00 or greater, if:

2.17.1 The lowest bidding local vendor is a responsible bidder; and The lower-bidding responsible bidders are not local vendors; and The lowest bidding local vendor’s bid is higher than the non-local vendor by no more than three (3) percent, then that local vendor should be considered the lowest responsible bidder.

2.17.2 In case of a dispute regarding the application of this provision, the decision of the City

Manager or the Purchasing Agent acting for him/her shall be final.

2.17.3 For purposes of this subsection, a local vendor shall be one that sells goods or services to the public, either retail or wholesale, and owns or leases a physical, commercial business location, with on-site staffing and regular business hours, within the corporate limits of the

City of Peoria, Illinois. The provisions of this subsection shall not be applied to a contract if the funding source prohibits local preference by law.

2.18 SCHEDULE OF EVENTS – This schedule is tentative and subject to change at any time.

RFP Issued....................................................................................................................July 10, 2025

Pre-Bid Meeting..........................................................................................................................N/A

RFP Opening................................................................................................................July 29, 2025

Recommended Vendors Presented to City Council for Approval………………..August 12, 2025

Anticipated Project Start Date……………………………Within 30 days after Council approval

Version 03/10/2025

Division 419 Fulton St. Peoria, IL 61602

RFP Title: Smart Tree Inventory & Risk

SECTION 3

CONTRACT TERMS

3.1 COMPENSATION - The Service Provider agrees to provide services, and the City agrees to compensate the Service Provider for these Services in accordance with the attached rate sheet.

There will be no overtime or premium hourly rate charges awarded. The City shall render payment within 30 days after receipt of an invoice, but in the event of any dispute as to any invoice, the City will pay the amount that is not in dispute and will undertake discussions and negotiations with

Service Provider to resolve any discrepancy or dispute in any invoice and will, upon resolution of any discrepancy or dispute, pay the agreed-upon amount as soon as reasonably possible. Service

Provider waives, to the extent allowed by law, the provisions of the Local Government Prompt

Payment Act.

3.2 ACCESS AND AUDITS; PUBLIC RECORDS - Service Provider shall maintain adequate records to justify all charges and costs incurred in performing the Services for at least three years after the completion of any Services under this Agreement. All invoices submitted are subject to audit and demand for refund of over payment up to three years following completion of all Services related to this Agreement. The City will have access to the books, record, and documents for the purpose of inspection or audit during normal business hours at Service Provider ’s place of business.

3.2.1 If any examination or audit by the City or its agents determines misrepresentations of billable time or reimbursable expenses, then those misrepresentations will result in a recovery on any resulting overpayments. The Service Provider will reimburse the City for all reasonable costs of recovery, including accounting and legal fees, court costs, and administrative expenses within thirty (30) days from receipt of City’s written notice.

3.2.2 Intentional misrepresentations of billable hours and of reimbursable expenses will be referred for criminal prosecution. The City will cooperate with the prosecution of any criminal referral under this section.

3.2.3 Service Provider acknowledges that certain records generated under this Agreement may be subject to disclosure under the Illinois Freedom of Information Act (“FOIA”)(5 ILCS

140/). The Service Provider agrees to cooperate with the City with and take all steps necessary concerning the timely disclosure of records in Service Provider ’s possession that may be disclosable under Section 7(2) of FOIA (5 ILCS 140/7(2). The Service

Provider will provide documents to comply with FOIA requests at no charge to the City beyond what the City recovers from the requester.

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RFP Title: Smart Tree Inventory & Risk

3.3 STANDARD OF CARE - Service Provider shall exercise the same degree of care, skill, and diligence in the performance of the Services as is provided by a professional of like experience, knowledge, and resources under similar circumstances.

3.3.1 Service Provider shall, at no additional cost to the City, reperform services that fail to satisfy a standard of care that fails to meet the requirements of this Agreement.

3.4 AUTHORITY TO PRACTICE - Service Provider represents that it shall employ only people duly licensed or registered in the appropriate category in responsible charge of all elements of the

Services for which Illinois Statutes require license or registration and further employ only well qualified persons in responsible charge of any elements of the Services, all subject to City approval.

3.5 COMPLIANCE WITH LAWS - In the performance of the Services, Service Provider shall comply with applicable regulatory requirements, including federal, State of Illinois, special district, and local laws, rules, regulations, orders, codes, criteria, and standards in effect at the time services are rendered. Service Provider must pay all required taxes and obtain all licenses, certificates, or other authorization required in connection with the performance of its obligation hereunder, and Service Provider must require all subService Providers to also do so. Failure to do so may result in termination of this Agreement with Service Provider. By entering into an

Agreement with the City, Service Provider represents that to the best of its knowledge, its employees and any subService Provider used in the performance of this Agreement meet City requirements and have not violated any City ordinance, code, state, federal, or local rules or regulations, and have not been subject to any debarment, suspension, or other disciplinary action by any government agency. Additionally, if at any time the Service Provider becomes aware of such information, it must immediately disclose it to the City.

3.6 CONFIDENTIALITY - Service Provider shall hold confidential the business and technical information obtained or generated in the performance of the services under this Agreement and all information identified in writing by the City as confidential.

3.7 DOCUMENTS - All documents generated by the Service Provider as the result of this Agreement, whether produced on paper or electronically and whether stored in paper form, electronically or by any other method, will become the property of the City upon completion or termination of the

Services and upon final payment to the Service Provider. The Service Provider is liable to the City for the cost of replacement for loss or damage of any documents belonging to the City while in possession or control of the Service Provider.

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RFP Title: Smart Tree Inventory & Risk

3.7.1 All project documents shall be produced by the Service Provider and delivered to the

City electronically in a format compatible and acceptable with the City. All files received are required to function in the chosen software environment without need for post-processing or any adjustments. Any supporting resource files or libraries shall be noted and provided with submission.

3.7.2 Service Provider will not be liable for any damages, injury, or costs associated with the

City’s use, modification or distribution of these documents for any purpose.

3.7.3 City shall indemnify and hold harmless the Service Provider as to any modifications made by the City to the documents produced by the Service Provider following delivery of the documents to the City.

3.8 COPYRIGHT - Service Provider waives any action against the City to enforce Service Provider’s

Copyright on documents produced and delivered to the City pursuant to this agreement.

3.9 USE OF CITY NAME OR LOGO - Service Provider may publish the fact and nature of this engagement without further permission of the City. Service Provider may not use the City’s name or logo in any advertisements without prior written City permission.

3.10 INSURANCE - During the term of this Agreement, Service Provider shall, at all times and at its own cost, maintain insurance in the type and minimum amounts as follows:

3.10.1 General liability: Limits of at least $1,000,000 per occurrence, and not less than

$2,000,000 aggregate limit. General liability insurance must include the following:

• The City of Peoria, and its officers, officials, employees, agents, and volunteers, are to be named and covered as additional insureds as respects: liability arising out of the Service

Provider ’s work, including activities performed by or on behalf of the Service Provider ;

products and completed operations of the Service Provider ; premises owned, leased, or used by the Service Provider , or automobiles owned, leased, hired, or borrowed by the

Service Provider . The coverage shall contain no special limitations on the scope of protection afforded to the City of Peoria and its officers, officials, employees, agents and/or volunteers.

• The SERVICE PROVIDER ’S insurance coverage shall be primary and non-contributory with respect to the City of Peoria and its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Peoria and/or on behalf of its officers, officials, employees, agents and/or volunteers shall be excess of the Service Provider ’s insurance and shall not contribute to it.

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RFP Title: Smart Tree Inventory & Risk

3.10.2 Professional liability: $1,000,000.00 for design errors and omissions per claim, $2,000,000 aggregate limit. Service Provider shall provide continuing Professional

Liability Insurance to cover each project for a period of two years after the project is completed. Insurance requirements may vary depending on projects as determined by the City Engineer. The City may require a Service Provider to provide a higher level of coverage for a specific project and time frame.

3.10.3 Workers’ compensation: Workers’ compensation insurance as required by the laws and regulations of the State of Illinois.

3.10.4 Automotive insurance. Combined single limits of at least $1,000,000 per occurrence, and not less than $2,000,000 general aggregate limit. Auto liability must include hired and non-owned autos.

3.10.5 Umbrella Liability with limits of not less than $1,000,000.00, to be in excess of all other coverages. Such coverage must be at least as broad as the primary coverages above, with any excess umbrella layers written on a strict following form basis over the primary coverage. This Section 13.1.5 does not pertain to Professional Liability insurance or Workers’ compensation insurance.

3.10.6 All policies, except policies for professional liability, must be written on an occurrence basis. All policies must be written with insurance carriers who are qualified to do business in the State of Illinois and who are rated A-VII or better in the latest Best’s

Key Rating Guide. All policies must be written on the most current Insurance Service

Office (ISO) or National Council on Compensation Insurance (NCCI) form or a manuscript form if coverage is broader than the ISO or NCCI form.

3.10.7 The City of Peoria and its officers and employees must be named as an additional insured party on the general liability policy, automobile liability policy, and umbrella policy. The City’s interest as an additional insured party must be on a primary and non-contributory basis on all policies and be noted as such on the insurance certificates.

3.10.8 Upon demand, the Service Provider or Service Provider must provide the City with a copy of each insurance policy maintained under §13.1. In addition, the Service Provider or Service Provider must provide the City with certificates of insurance showing evidence that the insurance policies required under §13.1 are in full force and effect and endorsing notification to the City at least 30 days’ notice prior to any cancellation

Division 419 Fulton St. Peoria, IL 61602

RFP Title: Smart Tree Inventory & Risk or non-renewal. Any renewal certificate of insurance must be automatically provided to the City at least 30 days prior to the policy expiration. If a self-insured retention or a deductible is maintained on any of the policies, then the amount of the retention or deductible is subject to approval by the City.

3.10.9 The Service Provider represents that there is no conflict in coverage as disclosed between any certificate of insurance submitted to the City and the insurance policy.

Nothing in this §13 will be construed as a limitation of liability for the Service Provider or any other Service Provider.

3.11 INDEMNIFICATION - Indemnification for All Other Claims: The Service Provider shall hold harmless, defend, and indemnify, for damages arising out of bodily injury, death and property damage, the City, and the City’s officers elected officials, appointees and employees against claims, demands, actions and suits (including reasonable post-tender attorney’s fees and costs) brought against any of them arising from the Service Provider ’s work or any of its subService

Provider ’s work under this Agreement other than professional services.

3.11.1 Indemnification for Professional Liability Claims: For liability arising out of professional services, the Service Provider shall indemnify but shall have no duty to defend the City and the City’s officers, elected officials, appointees and employees against liability for damages for which they may be liable to the extent such damages are actually caused by the negligent acts, errors or omissions of Service Provider , or any of its employees or subService Provider s negligent acts or omissions under this Agreement.

3.12 TERMINATION - Service Provider may terminate this Agreement upon 30 days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the term of this Agreement through no fault of Service Provider.

3.12.1 The City may terminate this Agreement with or without cause immediately upon written notice to Service Provider.

3.12.2 Unless Service Provider is in material breach of this Agreement, the City will pay Service

Provider for services rendered to the City’s satisfaction through the date of termination.

3.12.3 Upon receipt of a termination notice, and except as otherwise directed by the City, Service

Provider shall:

3.12.4 Stop work on the date and to the extent specified.

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RFP Title: Smart Tree Inventory & Risk

3.12.5 Terminate and settle all orders and subcontracts related to the performance of the terminated Services.

• Transfer all Services in process, completed Services, and other material related to the terminated Services to the City, to include, but not limited to, investigations, preliminary designs, reports, studies, surveys, drawings, estimates and data.

• Continue and complete all parts of the Services that have not been terminated.

3.12.6 Service Provider is responsible for all costs incurred by the City to enforce any provision of this Agreement or to remedy any material breach by Service Provider of this

Agreement, including all reasonable court costs and reasonable attorneys’ fees.

3.13 BINDING AGREEMENT - The City and the Service Provider each binds itself, its partners, successors, executors, administrators and assignees to each other party hereto in respect to all the covenants and Agreements herein and, except as above, neither the City nor the Service Provider shall assign, sublet or transfer any part of his interest in this Agreement without the written consent of the other party hereto.

3.14 WAIVERS - The parties may waive any provision in this Agreement only by a writing executed by the party against whom the waiver is sought to be enforced.

3.14.1 No failure or delay in exercising any right or remedy or in requiring the satisfaction of any condition under this Agreement, operates as a waiver of any right, remedy, or condition.

3.14.2 A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver, once given, is not to be construed as a waiver on any future occasion or against any other person.

3.15 TIME FOR PERFORMANCE - Time is of the essence in this Agreement. If any date specified in this Agreement as a date for taking action falls on a day that is not a Business Day, then that action may be taken on the next Business Day. Service Provider will begin work under the

Agreement upon receipt of a fully executed copy of the applicable Work Order. City and Service

Provider are aware that many factors outside Service Provider ’s control may affect its ability to complete the services to be provided under the Work Order and/or Agreement.

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3.16 FORCE MAJEURE - Neither the City nor Service Provider will be in default of this Agreement if delays in or failure of performance is due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. “Uncontrollable

Forces” means any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and that is beyond the reasonable control of the nonperforming party. It includes floods, earthquakes, storms, lightning, epidemics, war, riot, civil disturbance, sabotage, and governmental actions. It does not include labor disturbances or material shortages.

3.16.1 Neither party will, however, be excused from performance if nonperformance is due to forces that are preventable, removable, or remediable and that the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch.

3.16.2 The nonperforming party will, within a reasonable time of being prevented or delayed from performance by an Uncontrollable Force, give written notice to the other party describing the circumstances and Uncontrollable Forces preventing continued performance of the obligations of this Agreement.

3.17 CHOICE OF LAW; JURISDICTION - This Agreement will be governed by and construed in accordance with the laws of the State of Illinois.

3.17.1 Any litigation filed by Service Provider or the City against the other party and involving this Agreement must be filed in the Circuit Court of Peoria County, Illinois.

3.18 STATUS AS INDEPENDENT SERVICE PROVIDER - Service Provider undertakes performance of the Services as an independent Service Provider and will be wholly responsible for the methods of performance.

3.18.1 The City will have no right to supervise the methods used, but the City has the right to observe that performance.

3.18.2 Service Provider shall not pledge the City’s credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness.

Service Provider has no authority to speak for or bind the City in any manner.

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3.19 CONFLICT OF INTEREST - The Service Provider represents that, to the best of its knowledge,

(1) no City employee or agent is interested in the business of the Service Provider or this

Agreement; (2) as of the date of this Agreement neither the Service Provider nor any person employed or associated with the Service Provider has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither the Service Provider nor any person employed by or associated with the Service Provider shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement.

3.20 EQUAL EMPLOYMENT OPPORTUNITY - Service Provider shall comply with all applicable equal employment opportunity statutes, regulations, and ordinances including but not limited to the City’s ordinances prohibiting discrimination in employment (Sec. 17-116, et seq.) and rules and regulations of the City’s Fair Employment Commission (Sec. 17-26, et seq.); the Illinois

Human Rights Act (775 ILCS 5/101 et seq.), the Illinois Department of Human Rights (IDHR)

Rules and Regulations for Government Contracts (44 Ill. Admin. Code, Chapter X, Section 750), the Discrimination in Public Contracts Act (775 ILCS 10/0.01 et seq.), Title VII of the Civil Rights

Act of 1964, as amended (§ 7, 42 U.S.C. § 2000e et seq.); the Age Discrimination in Employment

Act of 1967, as amended (29 USC §.621 et seq.); Title I of the Americans with Disabilities Act of

1990, as amended (42 USC 12111- 12117); the Equal Pay Act of 1963, as amended; and the

Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (38 USC

§§ 4301-4335)

3.20.1 Pursuant to IDHR’s Rules and Regulations and the City’s ordinances, the Service Provider shall comply with the following terms and conditions during the performance of this

Agreement:

• Service Provider will not discriminate against any employee, including apprentices, or applicant for employment, including training programs, because of race, color religion, sex, sexual orientation, gender identity, marital status, order of protection status, status as a survivor of domestic violence or human trafficking, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status, or unfavorable discharge from military service; and, further, that

Service Provider will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any underutilization.

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• If Service Provider hires additional employees in order to perform this Agreement or any portion of this Agreement, Service Provider will determine the availability (in accordance with Section 750) of minorities and women in the areas from which

Service Provider may reasonably recruit and will make a reasonable effort to hire for each job classification for which employees are hired in a way that minorities and women are not underutilized.

• In all solicitations and advertisements for employees placed by Service Provider on its behalf, Service Provider will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, gender identity, marital status, order of protection status, status as a survivor of domestic violence or human trafficking, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status, or an unfavorable discharge from military service.

• Service Provider 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 the labor organization or representative of the Service

Provider ’s obligations under the Illinois Human Rights Act and Section 750 of the

Illinois Department of Human Rights Rules and Regulations. If any labor organization or representative fails or refuses to cooperate with the Service Provider in its efforts to comply with the Act and Part 750, Service Provider will promptly notify the Illinois

Department of Human Rights and the City and will recruit employees from other sources when necessary to fulfill its obligations under the Agreement.

• Service Provider will submit reports as required by Part 750, furnish all relevant information that may be requested by the Illinois Department of Human Rights or the

City, and in all respects comply with the Act, the Department’s Rules and Regulations, and the City’s ordinances.

• Service Provider will permit access to all relevant books, records, accounts, and work sites by personnel of the City and the Illinois Department of Human Rights for purposes of investigation to ascertain compliance with the Act, IDHR’s Rules and

Regulations, and City ordinances.

• Service Provider will include verbatim or by reference the Equal Employment

Opportunity Clause (44 Ill. Admin. Code, Chapter X, Appendix A) in every agreement under which any portion of the Agreement obligations are undertaken or assumed, so that the provisions will be binding upon the subService Provider . In the same manner as with other provisions of this Agreement, Service Provider will be liable for compliance with applicable provisions of this clause by subService Provider s.

Further, Service Provider will promptly notify the City and the Illinois Department of

Human Rights if any subService Provider fails or refuses to comply with the

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RFP Title: Smart Tree Inventory & Risk provisions of sections (a) through (f) of this paragraph. Service Provider shall not utilize any subService Provider declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.

• The Service Provider represents that it has a written sexual harassment policy in full compliance with Section 2-105(A)(4) of the Illinois Human Rights Act, 775 ILCS

512- 105(A)(4).

• The Service Provider shall obtain and maintain an EEO certification from the City.

EEO certification is secured by completing and submitting, under notary seal, an

Employer Report Form CC-1 (with required sexual harassment policy attached) to the

City’s Equal Opportunity Office. Please note the Certificate of Compliance is valid for one (1) year and must be renewed annually. The CC-1 form can be downloaded from the City’s website at https://www.peoriagov.org/845/Forms-and-Downloads.

• In accordance with Chapter 17 of the Peoria Municipal Code, a fifty-dollar ($50.00) processing fee will be charged with each original submission of the Employer Report

Form CC-1 that results in an approved certificate as well as the Annual Renewal

Application. The only exception to payment of the processing fee is neighborhood associations.

• Although all SERVICE PROVIDER is encouraged to obtain Equal Employment

Opportunity Certification, SERVICE PROVIDER does not need an Equal

Opportunity Certification to respond to a bid. The EEO Certification Number is only required prior to the award of the contract.

3.21 NON-SOLICITATION - The Service Provider represents that it has not employed or retained any company or person other than bona fide employee working solely for the Service Provider to solicit or secure the Service Provider , and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Service Provider any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of the Agreement. For breach or violation of its representation, the City shall have the right to annul the Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. The Service Provider represents that it has no public or private interest and shall not acquire directly or indirectly any such interest which would conflict in any manner with the performance of their Services under the Agreement.

https://www.peoriagov.org/845/Forms-and-Downloads.

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RFP Title: Smart Tree Inventory & Risk

3.22 EMPLOYEE/EMPLOYMENT RESTRICTIONS - The Service Provider agrees, as a condition of accepting this Agreement with the City, that, for a period of one (1) year following completion of this Agreement, it shall be prohibited from hiring, directly or indirectly, any City employee or official who was involved, directly or indirectly in: (1) the selection and/or recommendation to select the Service Provider for performance of this Agreement; (2) coordinating the efforts of the Service Provider in the consummation or completion of this

Agreement; or (3) monitoring or determining the performance of the Service Provider . (Sec. 2-

342.) The Service Provider further acknowledges and agrees that, upon the City’s determination that a violation of this provision has occurred, the penalty imposed, at the sole discretion of the

City, may include one or more of the following: (1) cancellation of any other Agreement(s) between the City and the Service Provider ; (2) disqualification of the Service Provider from bidding or being awarded future Agreements with the City for a period of two (2) years; and/or (3) payment of liquidated damages to the City in the amount of TWENTY FIVE THOUSANDS

DOLLARS ($25,000.00). This section shall not apply to any City Employee involved in the 2020-

2021 reduction in force, furlough or early retirement incentive offered by the city within 2020-

2021.

3.23 THIRD PARTIES - Nothing in this Agreement is intended to confer any right or remedy on any person other than the City and Service Provider, nor is anything in this Agreement intended to affect or discharge any obligation or liability of any third persons to the City or to Service Provider

,nor to give any such third person any right of action or subrogation against the City or Service

Provider .

3.24 NO PERSONAL LIABILITY - No Representative of the City is personally liable to Service

Provider for any obligation under the terms of this Agreement. No Service Provider ’s individual employees, officers or directors shall be personally liable to City for any obligation under the terms of this Agreement.

3.25 AMENDMENTS - This Agreement may be amended only by a written agreement of the City and

Service Provider that identifies itself as an amendment to this Agreement.

3.26 NOTICES -All notices, demands, requests, consents, approvals or other instruments required or permitted by this Agreement must be in writing and must be executed by the party or an officer, agent or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, by overnight courier, or by electronic mail, or as of the third day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as set forth in the introductory clause or as otherwise instructed by a party in writing.

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RFP Title: Smart Tree Inventory & Risk

3.26.1 In lieu of other direction, notice to the City shall be provided to:

City Manager

419 Fulton Street

Peoria, IL 61602

3.27 AUTHORIZED REPRESENTATIVE - From time to time, Service Provider shall designate an authorized representative who is responsible for communicating with the City on behalf of Service

Provider and who, unless applicable laws require action by the board of directors, members, or manager of Service Provider , has the authority to make or grant requests, demands, approvals, consents, agreements, and other action required or described in this Agreement for and on behalf of Service Provider.

3.27.1 The City Manager shall, from time to time, designate an authorized representative who is responsible for communicating with Service Provider on behalf of the City. The City

Manager, or his or her designee, has the authority to make or grant requests, demands, approvals, consents, agreements, and other action required or described in this Agreement for and on behalf of the City. Any amendment must be approved by the City Council.

3.28 DRAFTING CONVENTIONS – As follows:

3.28.1 The words “include,” “includes,” and “including” are to be read as if they were followed by the phrase “without limitation.”

3.28.2 The headings in this Agreement are provided for convenience only and do not affect its meaning.

3.28.3 Any reference to an agreement means that agreement as amended or supplemented, subject to any restrictions on amendment contained in that agreement.

3.28.4 Unless specified otherwise, any reference to a statute, ordinance, or regulation means that statute, ordinance, or regulation as amended or supplemented from time to time and any corresponding provisions of successor statutes, ordinances, or regulations.

3.28.5 All references to a time of day are references to the time in Peoria, Illinois.

3.28.6 The words “party” and “parties” refer only to a party to this Agreement named in the introductory clause.

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RFP Title: Smart Tree Inventory & Risk

3.28.7 Each party has participated in negotiating and drafting this Agreement, so if any ambiguity or a question of intent or interpretation arises, this Agreement if to be construed as if the parties had drafted it jointly, as opposed to being constructed against a party because it was responsible for drafting one or more provisions of this Agreement.

3.29 SEVERABILITY - If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, then the remaining provisions remain in full force and effect if the essential terms and conditions of this Agreement for each party remain valid, binding, and enforceable

3.30 SURVIVING PROVISIONS - Any term of this Agreement that, by its nature, extends after the end of the agreement, whether by expiration or termination, remains in effect until fulfilled. All duties to indemnify under this agreement survive the expiration or termination of this agreement and remain effective until the resolution or expiration of any actual or potential claims or losses subject to the duty to indemnify.

3.31 FINAL AGREEMENT - This Agreement constitutes the final agreement between the parties. It is the complete and exclusive expression of the parties’ agreement on the matters contained in this

Agreement. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this

Agreement. The provisions of this Agreement may not be explained, supplemented, or qualified through evidence of prior trade usage or a prior course of dealing. In entering into this Agreement, neither party has relied upon any statement, representation, warranty, or agreement of the other party except for those expressly contained in this Agreement. There are no conditions precedent to the effectiveness of this Agreement other than those expressly stated in this Agreement.

3.32 COUNTERPARTS - This Agreement may be executed in two or more counterparts, each of which together will be deemed an original, but all of which, together, constitute the same instrument. If any signature is delivered by facsimile or by email of a “.pdf” format data file, then that signature creates a valid and binding obligation of that party with the same force and effect as if the facsimile or “.pdf” signature page was an original.

3.33 FURNISHING OF EQUIPMENT AND SUPPLIES -The City shall provide all equipment and supplies necessary for the Service Provider to complete the Scope of Work, as detailed in Section

2 of this agreement. Said equipment and supplies shall be provided at no cost to the Service

Provider and shall remain the property of the City. The Service Provider reserves the right to refuse use of any equipment deemed unsafe or unfit for purpose, and the City shall replace such items at no additional cost to the Service Provider.

Division 419 Fulton St. Peoria, IL 61602

RFP Title: Smart Tree Inventory & Risk

SECTION 4:

SCOPE OF WORK/SPECIFICATIONS

4.1 PURPOSE – The City of Peoria is looking for a firm to conduct a Smart Tree Inventory for an estimated 20,000-25,000 trees within the public right-of-way of approximately 480 street miles. A

Smart Tree Inventory uses advanced technology like LiDar, high-resolution cameras, and machine learning to collect detailed data and a comprehensive digital record of our urban forest, followed by a complete assessment of that data by certified arborists. This will establish a baseline of where we currently stand, as well as guide future budgeting, planning, and workload management.

4.2 MINIMUM QUALIFICATIONS OF SERVICE PROVIDER –

4.2.1 Service Provider must have completed a minimum of three (3) tree inventory projects similar in scope in the last three (3) years.

4.2.2 All managing inventory arborists must be Certified Arborists through the International

Society of Arborculture. It is required that the successful Service Provider have no less than three (3) Certified Arborists as designated by the International Society of Arboriculture on staff, and that these professionals have been employed for the company at least one year.

Preference will be given to Service Provider s with staff having a four (4) year degree in urban forestry or a related field of study or having a combination of knowledge and experience at least equal to such qualifications.

4.2.3 Service Provider must be able to perform the inventory services without delay from other projects and commitments and be able to expand the field staff within a two-week period if needed and desired by the City.

4.3 SCOPE OF WORK (TREE INVENTORY) - Service Provider shall inventory all trees located on the public rights-of-way and other public properties in the designated section(s) of the city. At a minimum, the information collected for each tree shall include:

4.3.1 Location - Identify the location of each tree and/or site. Street tree locations should be organized by management area number, street address, street name, sequential tree site number, block side, or corner location.

4.3.2 Species - Trees are identified by genus and species using both botanical and common names and by cultivars where appropriate.

Division 419 Fulton St. Peoria, IL 61602

RFP Title: Smart Tree Inventory & Risk

4.3.3 Tree Size - Diameter is measured to the nearest inch in one-inch size classes at 4-1/2 feet above the ground, or diameter-breast-height (DBH).

4.3.4 Stems - The number of stems on trunks splitting less than one foot above ground level is recorded.

4.3.5 Condition - The general condition of each tree is rated according to the following categories adapted from the International Society of Arboriculture’s rating system:

• Excellent 100%

• Good 80%

• Fair 60%

• Poor 40%

• Critical 20%

• Dead 0%

4.3.6 Primary Maintenance Need - The following primary maintenance needs will be determined based on ANSI A300 standard specifications

• Removal. Trees designated for removal have defects that cannot be cost-effectively or practically treated. Most of the trees in this category have a large percentage of dead crown. All trees with safety risks that could be seen as potential threats to people or property and seen as potential liabilities to the client would be in this category.

Large dead and dying trees that have high liability risks as well as those that pose minimal liability to persons or property (such as trees in poor locations or undesirable species) will be identified in this category. Priority of work should depend upon the

Risk associated with the individual trees.

• Tree Clean. These trees require selective removal of dead, dying, broken, and/or diseased wood to minimize…