R-1771 - 01/08/2019 - TREE - Resolutions Exhibits R- III I
VILLAGE OF OAK BROOK i
CONTRACT FOR THE
REMOVAL OF INVASIVE BUCKTHORNMONEYSUCKLE AND DEAD TREES AT THE SPORTS CORE
PROPERTY
Full Name of Contractor:Homer Tree Care, Inc. ("Contractor'')
Principal Office Address: 14000 S.Archer Avenue, Lockport, Illinois 60441
Contact Person: Richard Reposh Telephone Number:815-838-0375
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Patchin, Public Works Director
Contractor warrants and represents that Contractor has
carefully examined the Work Site described below and
has reviewed and understood all documents included,
referred to,or mentioned in this bound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner 5. Miscellaneous. Do all other things required
specified and described, and upon the terms and of Contractor by this Contract;and
conditions set forth, in this Contract, all of the following,
all of which is herein referred to as the"Work": 6. Qualit . Provide, perform, and complete all
of the foregoing in a proper and workmanlike
1. Labor, Eauinment. Materials. and Supplies. manner, consistent with the standards of
Provide, perform, and complete, in the recognized professional firms in performing
manner specified and described in this Work of a similar nature, in full compliance
Contract, all necessary work, labor, services, with, and as required by or pursuant, to this
transportation, equipment, materials, Contract, and with the greatest economy,
supplies, information, data, and other means efficiency, and expedition consistent
and items necessary for the Removal of therewith, with only new, undamaged, and
Invasive Buckthorn/Honeysuckle and Dead first quality equipment, materials, and
Trees, as specified in Exhibit A, attached supplies.
hereto, at the Oak Brook Sports Core
Property, Oak Brook, Illinois 60523 ("Work B. Performance Standards. Contractor
Site"); acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
2. Permits. The Village will furnish all the Proposals dated December 7, 2018 and December 20,
permits, licenses, and other governmental 2018, attached hereto as Exhibit A.
approvals and authorizations necessary in
connection therewith; C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
3. Insurance. Procure and furnish insurance responsible and liable for, and shall promptly and
certificates specified in this Contract; without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
4. Taxes. Pay all applicable federal, state, and the Work, the Work Site, or other property or persons as
local taxes; a result of the Work.
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D. Inspection/Testing/Rejection. Village shall have All payments may be subject to deduction or
the right to inspect all or any part of the Work and to setoff by reason of any failure of Contractor to
reject all or any part of the Work that is, in Village's perform under this Contract. Each payment
judgment, defective or damaged or that in any way fails shall include Contractor's certification of the
to conform strictly to the requirements of this Contract value of, and partial or final waivers of lien
and the Village, without limiting its other rights or covering, all Work for which payment is then
remedies, may require correction or replacement at requested and Contractor's certification that all
Contractor's cost, perform or have performed all Work prior payments have been properly applied to
necessary to complete or correct all or any part of the the payment or reimbursement of the costs with
Work that is defective, damaged, or nonconforming and respect to which they were paid.
charge Contractor with any excess cost incurred thereby,
or cancel all or any part of any order or this Contract. 3. Contract Time
Work so rejected may be returned or held at Contractor's
expense and risk. Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days (weather
2. Contract Price permitting) following the Village's acceptance of this
Contract provided Contractor shall have furnished to the
Contractor acknowledges and agrees that Contractor Village all bonds and all insurance certificates specified
shall take in full payment for all Work and other matters in this Contract ("Commencement Date"). Contractor
set forth under Section 1 above, including overhead and further acknowledges and agrees that Contractor shall
profit; taxes, contributions, and premiums; and perform the Work diligently and continuously and shall
compensation to all subcontractors and suppliers, the complete the Work not later than February 88, 8019
compensation set forth below. ("Time of Performance"). The Village may modify the
Time of Performance at any time upon 16 days prior
A. SCHEDULE OF PRICES written notice to the Contractor. Delays caused by the
Village shall extend the Time of Performance; provided,
For providing, performing, and completing all however, that Contractor shall be responsible for
Work, the total Contract Price of$62,600.00 completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by
TOTAL CONTRACT PRICE(in writing): employees of either Contractor or of the Village.
Sixty-Two Thousand Six Hundred Dollars 4. Financial Assurance
B. BASIS FOR DETERMINING PRICES A. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
It is expressly understood and agreed that: evidencing the minimum insurance coverages and limits
set forth in Exhibit B within 10 days following the
1. All prices stated in the Schedule of Prices Village's acceptance of this Contract. Such policies shall
are firm and shall not be subject to be in form, and from companies, acceptable to the
escalation or change; Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
2. The Village is not subject to state or local limits and shall not be construed in any way as a
sales, use, and excise taxes, that no such limitation on Contractor's duty to carry adequate
taxes are included in the Schedule of Prices, insurance or on Contractor's liability for losses or
and that all claim or right to claim any damages under this Contract. The minimum insurance
additional compensation by reason of the coverages and limits that shall be maintained at all
payment of any such tax is hereby waived times while providing, performing, or completing the
and released; Work are as set forth in Exhibit B.
3. All other applicable federal, state, and local
taxes of every kind and nature applicable to B. Indemnification. Contractor acknowledges and
the Work are included in the Schedule of agrees that Contractor shall indemnify and save
Prices. harmless the Village its officers, officials, employees and
volunteers, against all damages, liability, claims, losses,
C. TIME OF PAYMENT and expenses(including attorneys'fee)that may arise,or
be alleged to have arisen, out of or in connection with
It is expressly understood and agreed that all Contractor's performance of, or failure to perform, the
payments shall be made upon completion of the Work or any part thereof, or any failure to meet the
work and final approval by the Village. representations and warranties set forth in Section 6 of
this Contract.
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D. Penalties. Contractor acknowledges and agrees successfully and promptly and to commence and
that Contractor shall be solely liable for any fines or civil complete the Work within the Contract Price and
penalties that are imposed by any governmental or Contract Time set forth above.
quasi-governmental agency or body that may arise, or be
alleged to have arisen, out of or in connection with 7. Acknowledgements
Contractor's performance of, or failure to perform, the
Work or any part thereof. In submitting this Contract, Contractor
5. Firm Proposal acknowledges and agrees that:
A. Reliance. The Village is relying on all
All prices and other terms stated in this Contract are warranties, representations, and statements made by
firm and shall not be subject to withdrawal, escalation, Contractor in this Contract.
or change.
B. Acceptance. If this Contract is accepted,
6. Contractor's Representations and Warranties Contractor shall be bound by each and every term,
In order to induce the Village to accept this Contract, condition, or provision contained in this Contract.
Contractor hereby represents and warrants as follows: C. Remedies. Each of the rights and remedies
reserved to the Village in this Contract shall be
A. The Work. The Work, and all of its components, cumulative and additional to any other or further
shall strictly conform to the requirements of this remedies provided in law or equity or in this Contract.
Contract, including, without limitation, the performance
standards set forth in Subsection 1B of this Contract; D. Time. Time is of the essence in the performance
and shall be fit, sufficient, and suitable for the purposes of all terms and provisions of this Contract and, except
expressed in, or reasonably inferred from, this Contract where stated otherwise references in this Contract to
and the warranties expressed herein shall be in addition days shall be construed to refer to calendar days and
to any other warranties expressed or implied by law, time.
which are hereby reserved unto the Village.
E. No Waiver. No examination, inspection,
B. Compliance with Laws. The Work, and all of its investigation, test, measurement, review, determination,
components,shall be provided,performed, and completed decision, certificate, or approval by the Village, whether
in compliance with, and Contractor agrees to be bound before or after the Village's acceptance of this Contract;
by, all applicable federal, state, and local laws, orders, nor any information or data supplied by the Village,
rules, and regulations, as they may be modified or whether before or after the Village's acceptance of this
amended from time to time, including without limitation, Contract;nor any order by the Village for the payment of
if applicable, the Prevailing Wage Act, 820 ILCS money; nor any payment for, or use, possession, or
130/0.01 et seg.; any other prevailing wage laws; any acceptance of, the whole or any part of the Work by the
statutes requiring preference to laborers of specified Village;nor any extension of time granted by the Village;
classes; any statutes prohibiting discrimination because nor any delay by the Village in exercising any right
of, or requiring affirmative action based on, race, creed, under this Contract; nor any other act or omission of the
color, national origin, age, sex, or other prohibited Village shall constitute or be deemed to be an acceptance
classification; and any statutes regarding safety or the of any defective, damaged, or nonconforming Work, nor
performance of the Work. Further, Contractor shall operate to waive or otherwise diminish the effect of any
have a written sexual harassment policy in compliance representation or warranty made by Contractor; or of
with Section 2-105 of the Illinois Human Rights Act any requirement or provision of this Contract; or of any
during the course of the work. remedy,power, or right of the Village.
C. Not Barred. Contractor is not barred by law F. Severability. It is hereby expressed to be the
from contracting with the Village or with any other unit intent of the parties to this Contract that should any
of state or local government as a result of (i) a provision, covenant, agreement, or portion of this
delinquency in the payment of any tax administered by Contract or its application to any Person or property be
the Illinois Department of Revenue unless Contractor is held invalid by a court of competent jurisdiction, the
contesting, in accordance with the procedures remaining provisions of this Contract and the validity,
established by the appropriate Revenue Act, its liability enforceability, and application to any Person or property
for the tax or the amount of tax, as set forth in 65 ILCS shall not be impaired thereby, but the remaining
5/11.42.1-1; or (ii) a violation of either Section 33E-3 or provisions shall be interpreted, applied, and enforced so
Section 33E-4 of Article 33 of the Criminal Code of 1961, as to achieve, as near as may be, the purpose and intent
720 ILCS 5/33E-1 et seq. of this Contract to the greatest extent permitted by
applicable law.
D. Qualified. Contractor has the requisite
experience, ability, capital, facilities, plant, organization, G. Amendments and Modifications. No amendment
and staff to enable Contractor to perform the Work or modification to this Contract shall be effective until it
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is reduced to writing and approved and executed by the K. Con1Las of Interes , Contractor represents and
corporate authorities of the parties in accordance with all certifies that, to the beat of its knowledge, (1) no elected
applicable statutory procedures. or appointed Village official, employee or agent has a
personal financial interest in the business of the
H. Asaignment. Neither this Contract, nor any Contractor or in this Agreement, or has personally
interest herein, shall be assigned or subcontracted, in received payment or other consideration for this
whole or in part, by Contractor except upon the prior Agreement; (2)as of the date of this Agreement, neither
written consent of the Village. Contractor nor any person employed or associated with
Contractor has any interest that would conflict in any
I. Governing Laws Venue. This Contract shall be manner or degree with the performance of the
governed by, construed and enforced in accordance with obligations under this Agreement; and (3) neither
the internal laws, but not the conflicts of laws rules, of Contractor nor any person employed by or associated
the State of Illinois. Venue for any action arising out of with Contractor shall at any time during the term of this
or due to this Contract shall be in the Circuit Court for Agreement obtain or acquire any interest that would
DuPage County, Illinois. conflict in any manner or degree with the performance of
J. Certified Pavrolla. Contractor shall, in the obligations under this Agreement.
accordance with Section 3 of the Illinois Prevailing Wage L. Exhibits and Other Affreementa, If any conflict exists
Act, 820 ILCS 13015, submit to the Village,on a monthly between this Agreement and any exhibit attached hereto
basis, a certified payroll, if applicable. The certified or any other Agreement between the parties relating to
payroll shall consist of a complete copy of those records this transaction, the terms of this Agreement shall
required to be made and kept by the Prevailing Wage prevail.
Act. The certified payroll shall be accompanied by a
statement signed by the Contractor or subcontractor M. No Disclosure of Confidential Information by the
which certifies that: (1) such records are true and Consultant. The Consultant acknowledges that it
accurate; (`L) the hourly rate paid is not. lees, if shall, in performing the Services for the Village under
applicable, than the general prevailing rate of hourly this Agreement, have access, or be dil or
wages required by the Prevailing Wage Act; and (3) recty
Contractor or subcontractor is aware that filing a indirectly exposed, to Confidential Information. The
certified payroll that he or she knows to be false is a Consultant shall hold confidential all Confidential
Class B misdemeanor. A general contractor may rely Information and shall not disclose or use such
upon the certification of a lower tier subcontractor, Confidential Information without the express prior
provided that the general contractor does not knowingly written consent of the Village. The Consultant shall
rely upon a subcontractor's false certification. Upon two use reasonable measures at least as strict as those the
business days'notice, Contractor and each subcontractor Consultant uses to protect its own confidential
shall make available for inspection the records required information. Such measures shall include, without
to be made and kept by the Act: (i) to the Village, its limitation, requiring employees and subcontractors of
officers and agents, and to the Director of the Illinois the Consultant to execute a nondisclosure agreement
Department of Labor and his or her deputies and agents; before obtaining access to Confidential Information.
and (ii) at all reasonable hours at a location within this
State.
IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have caused this Agreement to be. executed, municipal corporation
effective on7:Yon , 2019.
ATTEST: 1
By: By: 2--9-
Village
Clerk Village Manager
ATTEST: HOMER TREE CARE,INC.
hh By. 3"VA
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EXHIBIT A
(PROPOSALS DATED 1217118 and 18/80118)
5
Vft Accept
VISA:
iA-V -•II
14000 S.ARCHER AVENUE,LOCKPORT.IL 60441 '.
PHONE:8154838-0320 FAX:815-8384375 www.homertree.00m 'f
PROPOSAL
Date: 12171201 l Job Name: 151132
Village of Oak Brook Work Site: 1200 Oak Brook Rd
Lee Hammer Oak Brook,IL 80523
1200 Oak Brook Rd
Oak Brook,IL 60823 Proposed By: Richard Reposh
Email: (hammer@oak-brook.org Phone: 630-368.5278
# Item Description Oty Cost
0 Various Tree Work �_—--�— .��_ — 0 -• S34,600.00
Please find enclosed our bid proposal for tree work to be completed at
the Oakbrook Recreation Facility as per on site meet December 41h,
2018.
Invasive Brush Removal
- Remove Buckthorn/Honeysuckle and dead trees In 3 areas West of
existing golf course, to Include dead fall currently on ground within the
3 areas mentioned
-Accessible tree stumps larger than 4"diameter will be ground out
-Tree stumps smaller than 4"diameter will be treated with Garlon#4
mixed with dye to help prevent regrowth
-All vegetation material(less stump removal grindings)will be
removed from site
3 costs are enclosed:
Site#1 • $19,600.00
Site#2- $13,000.00
Site 93-$2,000.00
Thank you for the opportunity to bid on this project with you. If you
have any Questions,please don't hesitate to contact us.
Respectfully submitted,
Richard Reposh
Certified Arborist, IL-0567
Customer Signature —_.._ - D!W:
Your signature is required prior to the start of any work and indicates acceptance of the terms&conditions on the reverse side
of this document. All normal work operations to be performed according to ANSI A-300 standards.
NOTE:ALL WORK TO BE PAID UPON COMPLETION.
.1
a r_ We Accept
v i � r'r 1,brCRC�sYCtE�
j VSA
14000 S.ARCHER AVENUE,LOCKPORT,IL 804416t
PHONE:815-838-0320 FAX:815-838-0375 www.homerhm.com C-Wrc c
PROPOSAL
Date: 12/20/2018 Job Name: 151250
Village of Oak Brook Wort Site: 1200 Oak Brook Rd
Lee Hammer Oak Brook,IL 60523
1200 Oak Brook Rd
Oak Brook,IL 60523 Proposed By: Richard Reposh
Email: Ihammer@oak-brook.or+g Phone: 630-368-6278
# Item Description oty Cost
0 Tree Removal w/stump grinding 0 $28,000.00
Please find enclosed our bid proposal for tree work to be completed at
the above referenced location, as per our on site meet December
18th,2018.
Remove various trees and brush in area to be delineated for new salt
storage facility, per plan provided
• Remove all tree related debris from site(logs and wood chips)
-Grind all accessible tree stumps over 6"diameter to suitable depth to
assist In excavation process
'Clearing area to be staked out prior to crew arrival
`Existing golf course maintenance materials shall be removed by
others to allow for work completion
Thank you for the opportunity to bid on this project with you. If you
have any questions,please don't hesitate to contact us.
Respectfully submitted,
Richard Reposh
Certified Arborist, IL-0567
C mer Signature Date
Your signature is required prior to the start of any work and indicates acceptance of the terms 8 conditions on the reverse side
of this document. All normal work operations to be performed according to ANSI A-300 standards.
NOTE:ALL WORK TO BE PAID UPON COMPLETION.
OCs —*� am„ Homer Tree Proposal 149393 8131132
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EXHIBIT B
(INSURANCE REQUIREMENTS)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not
commence work until it provides and receives acceptance of insurance certificates from the Village as required by
this exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee
working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of
the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as
specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or
permit insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work under the contract or permit, either by the contractor,permittee,or
their agents,representatives,employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and
property damage;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and
property damage;
C. Worker's Compensation and Employer's Liability-Worker's Compensation limits as required by the Labor
Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the
Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the
Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses to the extent of such
deductible or self-insured retention.
The policies shall contain,or be endorsed to contain,the following provisions:
D. General Liability and Automobile Liability Coverage-
(1)The Village,its officers,officials,employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Insured;premises owned,
occupied or used by the Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village,its officers,officials,employees,volunteers,or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers,
officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the
Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's
insurance and shall not contribute with it.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village,its officers,officials,employees,volunteers or agents.
(4)The Insured's insurance shall apply separately to each covered party against whom claim is made or
suit is brought except with respect to the limits of the insurer's liability.
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E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees,
volunteers and agents for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided,canceled by either
party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has
been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees,
volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no
less than A:VII.
Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting
coverage required by this provision. The certificate 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 on forms approved by the Village and shall be subject to approval by the Village Attorney before work
commences. The Village reserves the right to require complete,certified copies of all required insurance policies,
at any time.
Each insured 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.
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