Removal of Invasive Buckthorn-Honeysuckle and Dead Trees SC PropertyTO:
VILI,AGE OF OAK BROOK
CONTRACT FOR THE
BEMOVAL OF ITWASIYE BUCKTHORN/HONEYSUCKLE AND DEAD TBEES AT THE SPOBTS CORE
PROPERTY
Full Name of Contractor: Homer Tree Care, lnc. ("Contractot'')
Principal Office Address: 14000 S. Archer Avenue, Iockport, Illinois GO44l
Contact Person: Richard Reposh Telephone Number: 815-838-0375
Village of Oak Brook ("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Patchin, Public Works Director
Contractor warrants and represents that Contra.ctor has
carefully examined the Work Site described below and
has reuiewed and undcrstood all documents includcd,
referred to, or mentioned in this bound set of documents.
l. 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
specified and described, and upon the terms and
conditions set forth, in this Contract, all of the following,
all ofwhich is herein referred to as the "!Vork":
l. Labor. Eouipment. Materiale. and Suoplies.
Provide, perform, and complete, in the
manner specified and described in this
Contract, all necessary work, labor, services,
transportation, equipment, materials,
supplies, information, data, and other meang
and items necessary for the Removal of
Invasive Buckthorn/Iloneysuckle and Dead
Trees, as specified in Exhibit A, attached
hereto, at the Oak Brook Sports Core
Property, Oak Brook, Illinois 60523 ('Work
Site");
2. Permits. The Village will furnish all
permits, licenses, and other governmental
approvals and authorizations necessary in
connection therewith;
3. Insurance. Procure and furnish insurance
certificates specified in this Contract;
4. Taxes. Pay all applicable federal, state, and
local taxes;
5. Miscellaneous. Do all other things required
ofContractor by this Contract; and
6. Quality. Provide, perform, and complete all
of the foregoing in a proper and workmanlike
manner, consistent with the standards of
recognized professional firms in performing
Work of a similar nature, in full compliance
with, and as required by or pursuant, to this
Contract, and with the greatest economy,
efficiency, and expedition consistent
therewith, with only new, undamaged, and
first quality equipment, materials, and
supplies.
B. Performance Standards.Contractor
acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
the Proposals dated December 7, 2Ol8 and December 20,
2018, attached hereto as Exhibit A.
C. Responsibilitv for Damaee or Loss. Contractor
proposes, and ag"rees, that Contractor shall be
responsible and liable for, and shall promptly and
without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
a reeult of the Work.
D. Inspection/Iestine/Rejection. Village shall have
the right to inspect all or any part of the Work and to
reject all or any part of the Work that is, in Village's
judgment, defective or damaged or that in any way fails
to conform strictly to the requirements of this Contract
and the Village, without limiting its other rights or
remedies, may require correction or replacement at
Contractor's cost, perform or have performed all Work
necessary to complete or correct all or any part of the
Work that is defective, damaged, or nonconforming and
charge Contractor with any excess cost incurred thereby,
or cancel all or any part of any order or this Contract.
Work so rejected may be returned or held at Contractor's
expense and risk.
2. Contract Price
Contractor acknowledges and agrees that Contractor
shall take in full payment for all Work and other matters
set forth under Section 1 above, including overhead andprofit; taxes, contributions, and premiums; and
compensation to all subcontractors and suppliers, the
compensation set forth below.
A. SCHEDULEOFPRICES
For providing, performing, and completing all
Work, the total Contract Price of $62,600.00
TOTAL CONTRACT PRICE (in writing):
Sixty-Two Thousand Six Hundred Dollars
B, BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
1. All prices stated in the Schedule of Prices
are firm and shall not be subject to
escalation or change;
2. The Village is not subject to state or local
sales, uee, and excise taxes, that no such
taxes are included in the Schedule of Prices,
and that all claim or right to claim any
additional compensation by reason of the
payment of any such tax is hereby waived
and released;
3. All other applicable federal, state, and local
taxes ofevery kind and nature applicable to
the Work are included in the Schedule of
Prices.
C. TIME OF PAYMENT
It is expressly understood and agreed that all
payments shall be made upon completion of the
work and final approval by the Village.
All payments may be subject to deduction or
setoff by reason of any failure of Contractor to
perform under this Contract. Each payment
shall include Contractor's certification of the
value of, and partial or final waivers of lien
covering, all Work for which payment is then
requested and Contractor's certification that all
prior payments have been properly applied to
the payment or reimbursement of the costs with
respect to which they were paid.
3. Contract Time
Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days (weather
pennitting) following the Village's acceptance of this
Contract provided Contractor shall have furnished to the
Village all bonds and all insurance certificates specified
in this Contract ("Cotnmencement Date"). Contractor
further acknowledges and agrees that Contractor shall
perform the Work diligently and continuously and shall
complete the Work not later than February 28, 201g
('Thne of Perfonnancd'). The Village may modifr the
Time of Performance at any time upon 15 days prior
written notice to the Contractor. Delays caused by the
Village shall extend the Time of Performance; provided,
however, that Contractor shall be responsible for
completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by
employees of either Contractor or of the Village.
4. Fiuancial Assurance
A. Insurance. Contractor acknowledges and agrees
that Contractor ehall provide certificates of insurance
evidencing the minimum insurance coverages and limits
set forth in Exhibit B within 10 days following the
Village's acceptance of this Contract. Such policies shall
be in form, and from companies, acceptable to the
Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
limits and ehall not be construed in any way as a
limitation on Contractor's duty to carry adequate
insurance or on Contractor's liability for losses or
damages under this Contract. The minimum insurance
coverages and limits that shall be maintained at all
times while providing, performing, or completing the
Work are as set forth in Exhibit B.
B. Indemnification. Contractor acknowledges and
agrees that Contractor shall indemnifu and save
harmless the Village its officers, officials, employees and
volunteers, against all damages, liability, claims, losses,
and expenses (including attorneys'fee) that may arise, or
be alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the
Work or any part thereof, or any failure to meet the
representations and warranties set forth in Section 6 of
this Contract.2
D. Penalties. Contractor acknowledges and agrees
that Contractor shall be solely liable for any fines or civil
penalties that are imposed by any governmental or
quasi-governmental agency or body that may arise, or be
alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the
Work or any part thereof.
5. Firm Proposal
All prices and other terms stated in this Contract are
firm and shall not be subject to withdrawal, escalation,
or change.
6. Contractor's Representations and Warranties
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows:
A. The Work. The Work, and all of its components,
shall strictly conform to the requirements of this
Contract, including, without limitation, the performance
standards set forth in Subsection 1B of this Contract;
and shall be fit, sufEcient, and suitable for the purToses
expressed in, or reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition
to any other warranties expressed or implied by law,
which are hereby reserved unto the Village.
B. Compliance with Laws. The Work, and all of its
components, shall be provided, performed, and completed
in compliance with, and Contractor agrees to be bound
by, all applicable federal, state, and local laws, orders,
rules, and regulations, as they may be modified or
amended from time to time, including without limitation,
if applicable, the Prevailing Wage Act, 820 ILCS
f30/0.01 et seq.; any other prevailing wage laws; any
statutes requiring preference to laborers of specified
classes; any statutes prohibiting discrimination because
of, or requiring affirmative action based on, race, creed,
color, national origin, age, sex, or other prohibited
classification; and any statutes regarding safety or the
performance of the Work. Further, Contractor shall
have a written sexual harassment policy in compliance
with Section 2-105 of the Illinois Human Rights Act
during the course of the work.
C. Not Barred. Contractor is not barred by law
from contracting with the Village or with any other unit
of state or local government as a result of (i) a
delinquency in the payment of any tax administered by
the Illinois Department of Revenue unless Contractor is
contesting, in accordance with the procedures
established by the appropriate Revenue Act, its liability
for the tax or the amount of tax, as set forth in 65 ILCS
Slll-42.1-l;' or (ii) a violation of either Section 33E-3 or
Section 33E-4 of Article 33 of the Criminal Code of 1961,
720ILCS 5/33E-1 et seq.
D. Qualified. Contractor has the requisite
experience, ability, capital, facilities, plant, organization,
and staff to enable Contractor to perform the Work
successfully and promptly and to commence and
complete the Work within the Contract Price and
Contract Time set forth above.
7. Ackuowledsements
In submitting this Contract, Contractor
acknowledges and agrees that:
A. Reliance. The Village is relying on
warranties, representations, and statements made
Contractor in this Contract.
B. Acceptance. If this Contract is accepted,
Contractor shall be bound by each and every term,
condition, or provision contained in this Contract.
C. Remedies. Each of the rights and remedies
reserved to the Village in this Contract shall be
cumulative and additional to any other or further
remedies provided in law or equity or in this Contract.
D. Time. Time is of the essence in the performance
of all terms and provisions of this Contract and, except
where stated otherwise references in this Contract to
days shall be construed to refer to calendar days and
time.
E. No Waiver. No examination, inspection,
investigation, test, measurement, review, determination,
decision, certificate, or approval by the Village, whether
before or after the Village's acceptance of this Contract;
nor any information or data supplied by the Village,
whether before or aft,er the Village's acceptance of this
Contract; nor any order by the Village for the payment of
money; nor any payment for, or use, possession, or
acceptance of, the whole or any part of the Work by the
Village; nor any extension of time granted by the Village;
nor any delay by the Village in exercising any right
under this Contract; nor any other act or omission ofthe
Village shall constitute or be deemed to be an acceptance
of any defective, damaged, or nonconforming Work, nor
operate to waive or otherwise diminish the effect of any
representation or warranty made by Contractor; or of
any requirement or provision of this Contract; or of any
remedy, power, or right of the Village.
F. Severabilitv. It is hereby expressed to be the
intent of the parties to this Contract that should any
provision, covenant, agreement, or portion of this
Contract or its application to any Person or property be
held invalid by a court of competent jurisdiction, the
remaining provisions of this Contract and the validity,
enforceability, and application to any Person or property
shall not be impaired thereby, but the remaining
provisions shall be interpreted, applied, and enforced so
as to achieve, as near as may be, the purpose and intent
of this Contract to the greatest extent permitted by
applicable law.
G. Amendments and Modifications. No amendment
or modification to this Contract shall be effective until it3
is reduced to writing and approved and executed by the
corporate authorities of the partitl.v in accordonco with nll
applicahle statutory procedures,
H. ACcjSfiUeSI, Neither thi* Contract, nor any
intereet herein, eholl be nsgigned or eubcontracted, irr
wholo or in part, by Contractor excapt upon the pr.ior.
written consent of the Village.
I. 0over&ing Law: V_Lnue. This Contract ahall be
governed by, construed anrl enforced in accordance with
the internal larvs, but uot the conflicts of lawe ruleg, of
the Stato of lllinois. Venue for arry action arising out of
or due to this Contract shall bc in the Circuit Cour[ for
DuPuge (lounty. Illinois.
J. Certified favrolls. Contractor shall, in
accordance with Section {I of uhe lllinois Prevailing Wage
Ar:t, 820 ILCS 130/6, submit to the Village. on a monthly
baeie, a certified payroll, if applicable. The certified
payroll shall coneist of a complete copy of thoae recorde
requiled to be made and kept by the Prevailing Wage
Act. Tho certifiod payroll shall be accompanied try a
statemont eignecl by the Contractor or subcontractor
which certifiee that; (l) such records are trtre and
accurate; (2) the hourly rate paid ia not less, if
applicable, than the general prevailing rate of hourly
wages required by the Prevailing Wage Ach and (lt)
Contractor or subcontractor is aware that filing a
certified payroll that he or she knows to be false is a
Claee B misderneanor. r\ general contractor may rely
upou the certification of a lower tier eubconlractor,
provided that the gerreral contractor doeg not knorvingly
rely upon a subcontractor's fatse certificaiion, Upon two
businees days' notice, Contractor and each subcontr,sctot
shall make available for inepection the records requirod
to be made nnd kept by the Act: (i) to the Village, its
ofiicers and agen[a, and to the Diroctor of the Illinois
Department of Labor and his or her deputies and agents;
and (ii) at all roagonable hor.rrs at a location within thie
State.
IN WITNSSS WHEBEOF the parties heroto
have caused this Agroement to be oxecuted,
effective rnlS.n .2019.
ATTEST:
K. Conlliclg oflnterest. Contractor reprcsents and
certifies that, to uhe begt of its knowlsdse, (l) no elected
or appointed Village olfisial, employee or agent has a
personal financial intereet in the busineos of the
Contractor. or in thio Agreement, or hae personally
received payment or obher consideration for this
Agreement; (2) as of the date of thie Agreement, neither
Contractor nor any person employed or associated with
Contractor has any interest that would con0ict in any
m&nnor or degree with the perhrmance of the
obligationa under thia Agreament; and (B) neither
Contractor nor eny person employerl by or asoociatorl
with Contractor shall at any time during the ternr of this
Agreement obtain or acquire any interest that woukl
conflict in any manner or degree with the fierformance of
the obligations under thie Agreement.
L. Exhibitsj0d Other Aereeroents. If any conflict exists
beiween thia Agreoment and any exhibit actached hereto
or any other Agreement between the partiea relating tothis transaction, the terrno of thia Agreoment shall
prevail.
M. No Disclosure of Co!fidential Information*bv the
Conepltant. The Consultant acknowledges that it
shall, in performing the Services for the Village under
this Agreement, have access, or be directly or
indirectly exposed, to Confidential Information. The
Ccrngultant shall hold confidential all Conlidential
Information and shall not disclose or use euch
Clonfidential lnformation rvithout the exprese prior
written coneent of the Village. The Consultant ehall
use reasonable measures at least as etrict ao thoee the
Consultant uses to protect its own confidential
information, Such measuree ehall include, without
limitation, requiring employeen and subcontractors of
the Consultant to execute a non-dieclosue agreement
before obtaining &ccess to Confidential Informaiion.
ⅥLLAGE OF OAK
inunicipal corporation
BR00K, an 11lino13
HOMttR T費 覆密 CAR饉 ,iNC.
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Village Clerk4
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Plcase find enclosed our bld proposal for tree wo* to be compbtad atthe above referencad locatlon, as per our on slle meet December
1Erh,2018.
Remove vadoua incee and brush ln area to be delrneated for new sett
storage facilfry, per plan provlded
- Remove all tree reHed debrls ftom slte (logs and wood chips)- Grind Ell aocesslble tree etumps oysr 0" ilameter to sultabli depth toasslst ln excavation proco8s
'Ctearing arsa to be etaked out prlor to crew anival
'Exlstlng golf couree malntenancs mgterlals eha[ be removed by
othera to allow for work completon
Thank you fortre opporlunlty to bld on thie prcjectwlth you. tf you
have any quesllona, phase don,t hesilate tocohtract us.'
Respecttulf submitted,
Richard Reposh
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EXIIB17B
(INSRAⅣCEREQIIIR如 Ⅳr助
Certificates of Insurance shall be presented to the ViJlage 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 fitle 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 occurren@ 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 Liabfity timits 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 -
(l)The Village, its officers, ofEcials, employees and volunteers are to be covered as additional insureds as
respects: IiabiJity 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 ViJlage, its ofEcers, officials, employees, volunteers, or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the Village, its ofEcers,
ofEcials, employees, volunteers and agents. Any insurance or self-insurance maintained by the
ViJIage, its ofEcers, offrcials, 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 ofEcers, ofEcials, employees, volunteers or agents.
(a)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.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its ofEcers, 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 eitherparty, 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 ofEcers, 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: MI.
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 end.orsements 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.7