Fertilization Broadleaf Crabgrass and Weed Control Contract VILLAGE OF OAK BROOK
CONTRACT FOR THE
FERTILIZATION,BROADLEAF, CRABGRASS,AND WEED CONTROL
Full Name of Contractor:TruGreen, L.P. ("Contractor")
Principal Office Address: 7650 West 991h Street, Hickory Hills, Illinois 60457
Contact Person: Anthony Tomain Telephone Number: (708)270-5015
TO: Village of Oak Brook("Village')
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Lee Hammer, Street Maintenance Supervisor
Contractor warrants and represents that Contractor has
carefully examined the Work Sites 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. Quality. Provide, perform, and complete all
of the foregoing in a proper and workmanlike
1. Labor, Equipment, 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 Fertilization, therewith, with only new, undamaged, and
Broadleaf, Crabgrass, and Weed Control, as first quality equipment, materials, and
specified in Exhibit A, attached hereto, in supplies.
Oak Brook, Illinois 60523 ("Work Site');
B. Performance Standards. Contractor
2. Permits. The Village will furnish all acknowledges and agrees that all Work shall be fully
permits, licenses, and other governmental provided, performed, and completed in accordance with
approvals and authorizations necessary in the specifications in Exhibit A. In the event the quality
connection therewith; of service becomes unacceptable, the Village reserves
the right to cancel the contract after giving thirty (30)
3. Bonds and Insurance. Procure and furnish day written notice.
all bonds and all insurance certificates and
policies of insurance specified in this C. Responsibility for Damage or Loss. Contractor
Contract; proposes, and agrees, that Contractor shall be
responsible and liable for, and shall promptly and
4. Taxes. Pay all applicable federal, state, and without charge to Village repair or replace, any damage
local taxes; done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
a result of the Work.
1
D. Inspection/Testing/Rejection. Village shall have
the right to inspect all or any part of the Work and to All payments may be subject to deduction or
reject all or any part of the Work that is, in Village's setoff by reason of any failure of Contractor to
judgment, defective or damaged or that in any way fails perform under this Contract. Each payment
to conform strictly to the requirements of this Contract shall include Contractor's certification of the
and the Village, without limiting its other rights or value of, and partial or final waivers of lien
remedies, may require correction or replacement at covering, all Work for which payment is then
Contractor's cost, perform or have performed all Work requested and Contractor's certification that all
necessary to complete or correct all or any part of the prior payments have been properly applied to
Work that is defective, damaged, or nonconforming and the payment or reimbursement of the costs with
charge Contractor with any excess cost incurred thereby, respect to which they were paid.
or cancel all or any part of any order or this Contract.
Work so rejected may be returned or held at Contractor's 3. Contract Term
expense and risk. The term of this Agreement shall be for one (1) year
beginning May 1, 2020. Contractor acknowledges and
2. Contract Price agrees that Contractor shall commence the Work within
15 days following the Village's acceptance of this
Contractor acknowledges and agrees that Contractor Contract, or as otherwise agreed to by the parties,
shall take in monthly payments for all Work and other provided Contractor shall have furnished to the Village
matters set forth under Section 1 above, including all bonds and all insurance certificates specified in this
overhead and profit; taxes, contributions, and premiums; Contract("Commencement Date").
and compensation to all subcontractors and suppliers,
the compensation set forth below. 4. Financial Assurance
A. SCHEDULE OF PRICES A. Bonds. If the total contract cost is $20,000 or
more, the Contractor acknowledges and agrees that
For providing, performing, and completing all Contractor shall provide a Performance Bond, on forms
Work, the Not-To-Exceed Contract Price of provided by, or otherwise acceptable to, the Village, from
$16,050.00 a surety company acceptable to the Village, each in the
penal sum of the Contract Price, within 10 days following
TOTAL CONTRACT PRICE(in writing): the Village's acceptance of this Contract.
Sixteen Thousand and Fifty Dollars Only B. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
B. BASIS FOR DETERMINING PRICES evidencing the minimum insurance coverages and limits
set forth in Exhibit B within 10 days following the
It is expressly understood and agreed that: Village's acceptance of this Contract. Such policies shall
be in form, and from companies, acceptable to the
1. All prices stated in the Schedule of Prices Village. The insurance coverages and limits set forth
are firm and shall not be subject to Exhibit B shall be deemed to be minimum coverages and
escalation or change; limits and shall not be construed in any way as a
limitation on Contractor's duty to carry adequate
2. The Village is not subject to state or local insurance or on Contractor's liability for losses or
sales, use, and excise taxes, that no such damages under this Contract. The minimum insurance
taxes are included in the Schedule of Prices, coverages and limits that shall be maintained at all
and that all claim or right to claim any times while providing, performing, or completing the
additional compensation by reason of the Work are as set forth in Exhibit B.
payment of any such tax is hereby waived
and released; C. Indemnification. Contractor acknowledges and
agrees that Contractor shall indemnify and save
3. All other applicable federal, state, and local harmless the Village, its officers, officials, employees and
taxes of every kind and nature applicable to volunteers, against all damages, liability, claims, losses,
the Work are included in the Schedule of and expenses (including reasonable attorneys' fee) that
Prices. may arise, or be alleged to have arisen, out of
Contractor's performance of, or failure to perform, the
C. TIME OF PAYMENT Work or any part thereof, or any failure to meet the
representations and warranties set forth in Section 6 of
It is expressly understood and agreed that any this Contract.
final payments shall only be made upon
completion of the work and final approval by the D. Penalties. Contractor acknowledges and agrees
Village. that Contractor shall be solely liable for any fines or civil
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penalties that are imposed by any governmental or D. Qualified. Contractor has the requisite
quasi-governmental agency or body that may arise, or be experience, ability, capital, facilities, plant, organization,
alleged to have arisen, out of or in connection with and staff to enable Contractor to perform the Work
Contractor's performance of, or failure to perform, the successfully and promptly and to commence and
Work or any part thereof. complete the Work within the Contract Price and
Contract Time set forth above.
5. Firm Proposal
7. Acknowledgements
All prices and other terms stated in this Contract are
firm and shall not be subject to withdrawal, escalation, In submitting this Contract, Contractor
or change. acknowledges and agrees that:
6. Contractor's Representations and Warranties A. Reliance. The Village is relying on all
warranties, representations, and statements made by
In order to induce the Village to accept this Contract, Contractor in this Contract.
Contractor hereby represents and warrants as follows:
B. Acceptance. If this Contract is accepted,
A. The Work. The Work, and all of its components, Contractor shall be bound by each and every term,
shall strictly conform to the requirements of this condition, or provision contained in this Contract.
Contract, including, without limitation, the performance
standards set forth in Subsection 1B of this Contract; C. Remedies. Each of the rights and remedies
and shall be fit, sufficient, and suitable for the purposes reserved to the Village in this Contract shall be
expressed in, or reasonably inferred from, this Contract cumulative and additional to any other or further
and the warranties expressed herein shall be in addition remedies provided in law or equity or in this Contract.
to any other warranties expressed or implied by law,
which are hereby reserved unto the Village. D. Time. Time is of the essence in the performance
of all terms and provisions of this Contract and, except
B. Compliance with Laws. The Work, and all of its where stated otherwise references in this Contract to
components, shall be provided,performed, and completed days shall be construed to refer to calendar days and
in compliance with, and Contractor agrees to be bound time.
by, all applicable federal, state, and local laws, orders,
rules, and regulations, as they may be modified or E. No Waiver. No examination, inspection,
amended from time to time, including without limitation, investigation, test, measurement, review, determination,
if applicable, the Prevailing Wage Act, 820 ILCS decision, certificate, or approval by the Village, whether
130/0.01 et seg.; any other prevailing wage laws; any before or after the Village's acceptance of this Contract;
statutes requiring preference to laborers of specified nor any information or data supplied by the Village,
classes; any statutes prohibiting discrimination because whether before or after the Village's acceptance of this
of, or requiring affirmative action based on, race, creed, Contract; nor any order by the Village for the payment of
color, national origin, age, sex, or other prohibited money; nor any payment for, or use, possession, or
classification; and any statutes regarding safety or the acceptance of, the whole or any part of the Work by the
performance of the Work. Further, Contractor shall Village; nor any extension of time granted by the Village;
have a written sexual harassment policy in compliance nor any delay by the Village in exercising any right
with Section 2-105 of the Illinois Human Rights Act under this Contract; nor any other act or omission of the
during the course of the work. The Village does not Village shall constitute or be deemed to be an acceptance
believe that the requirements of the Prevailing Wage Act of any defective, damaged, or nonconforming Work, nor
(820 ILCS 130), as amended, apply to the Contract. operate to waive or otherwise diminish the effect of any
However, the Contractor is responsible for making its representation or warranty made by Contractor; or of
own assessment of the Prevailing Wage Act's any requirement or provision of this Contract; or of any
requirements and if it applies to the Contract. 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 sea.
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of this Contract to the greatest extent permitted by
applicable law. K. Conflicts of Interest. Contractor represents and
certifies that, to the best of its knowledge, (1) no elected
G. Amendments and Modifications. No amendment or appointed Village official, employee or agent has a
or modification to this Contract shall be effective until it personal financial interest in the business of the
is reduced to writing and approved and executed by the Contractor or in this Agreement, or has personally
corporate authorities of the parties in accordance with all received payment or other consideration for this
applicable statutory procedures. Agreement; (2) as of the date of this Agreement, neither
Contractor nor any person employed or associated with
H. Assignment. Neither this Contract, nor any Contractor has any interest that would conflict in any
interest herein, shall be assigned or subcontracted, in manner or degree with the performance of the
whole or in part, by Contractor except upon the prior obligations under this Agreement; and (3) neither
written consent of the Village. Contractor nor any person employed by or associated
with Contractor shall at any time during the term of this
I. Governing Law: Venue. This Contract shall be Agreement obtain or acquire any interest that would
governed by, construed and enforced in accordance with conflict in any manner or degree with the performance of
the internal laws, but not the conflicts of laws rules, of the obligations under this Agreement.
the State of Illinois. Venue for any action arising out of
or due to this Contract shall be in the Circuit Court for L. Exhibits. If any conflict exists between this
DuPage County, Illinois. Contract and any exhibit attached hereto, the terms of
this Contract shall prevail. Any conflict that exists
J. Certified Payrolls. If applicable, Contractor between Exhibit A and Exhibit B, the terms of Exhibit B
shall, in accordance with Section 5 of the Illinois shall prevail.
Prevailing Wage Act, 820 ILCS 130/5, submit to the
Village, on a monthly basis, a certified payroll. The M. No Disclosure of Confidential Information by the
certified payroll shall consist of a complete copy of those Consultant. The Consultant acknowledges that it
records required to be made and kept by the Prevailing shall, in performing the Services for the Village under
Wage Act. The certified payroll shall be accompanied by this Agreement, have access, or be directly or
a statement signed by the Contractor or subcontractor indirectly exposed, to Confidential Information. The
which certifies that: (1) such records are true and Consultant shall hold confidential all Confidential
accurate; (2) the hourly rate paid is not less, if
applicable, than the general prevailing rate of hourly Information and shall not disclose or use such
wages required by the Prevailing Wage Act; and (3) Confidential Information without the express prior
Contractor or subcontractor is aware that filing a written consent of the Village. The Consultant shall
certified payroll that he or she knows to be false is a use reasonable measures at least as strict as those the
Class B misdemeanor. A general contractor may rely Consultant uses to protect its own confidential
upon the certification of a lower tier subcontractor, information. Such measures shall include, without
provided that the general contractor does not knowingly limitation, requiring employees and subcontractors of
rely upon a subcontractor's false certification. Upon two the Consultant to execute a nondisclosure agreement
business days' notice, Contractor and each subcontractor before obtaining access to Confidential Information.
shall make available for inspection the records required
to be made and kept by the Act: (i) to the Village, its
officers and agents, and to the Director of the Illinois
Department of Labor and his or hers deputies and
agents; and (ii) at all reasonable hours at a location
within this State.
4
it 1
WITNYSS W'lJFFFOF 1111,1,A(',P OF OAK BROOK. ao Illinois
have CaUSPA- is ent to be executed. municipal corporation
I
eff 202W
ATTEST-
0Y.
Riccardo Ginex. Village Tanager
Charlotte Prns,-, Village Clprk
ATTEST: TRUGREEN L.P.
By: By:
Its: Its:
5
EXHIBIT A
(PROPOSAL SUBMITTED)
6
Anthony Tomain
e W1 (708)270-5015
TRUGREE1D
COMMERCIAL
Customer Information
Bill To: Service Location:
Village of Oak Brook Village of Oak Brook
1200 OAK BROOK RD 1200 Oak Brook Rd
OAK BROOK,IL 60523 Oak Brook,IL 60523
USA USA
(630)368-5278
Detail of Charges
Service Line Item Round Round Description* Total:
Location - . .
Village of Oak
Brook Lawn Service 1 1 Early Spring-Fertilizer,broadleaf weed,crabgrass and pre-emergent weed control $7,290.00
Village of Oak j Lawn Service 2 Late Spring-Fertilizer,broadleaf weed,crabgrass and pre-emergent weed control(As $470.00
Brook NeededMeather Dependent)
Village of Oak Lawn Service 4 Late Summer-Fertilizer,broadleaf weed control(As NeededMeather Dependent) $440.00
Brook
Village of Oak Lawn Service 6 Fall-Fertilizer,broadleaf and pre-emergent weed control(As NeededMeather
Brook Dependent) $5,150.00
Village of Oak Vegetation
1 $900.00
Brook Control Non selective weed control
Village of Oak Vegetation
Brook Control
14 Non selective weed control $900.00
Village of Oak 'Vegetation 16 Non selective weed control $900.00
Brook Control
Subtotal $16,050.00
Total Sales Tax $0.00
Amount
Grand Total $16,050.00
@2020 TruGreen L.P.All Rights Reserved 2020-R-5575-Village of Oak Brook-2020-02-05
19:47:46
Standard Terms and Conditlofls
1. ertn. The term of this Agreement shag one(1)year from the date signed by you,the Customer.
2.Price increases.Prices of services provided in this agreement may be increased should you add property udder this agreement,of In the event of increases in the cost of fuel.material,or tabor,or costs
Incurred by TruGreen due to government regulation and otter causes.In addition,TruGreen may elect to Increase the price Of services under BITS agreement after the first year,or after any subsequent
anniversary date of the agreement by a percentage amount not to exceed rive percent(5%)of the then current price,or consistent with any increase in the current consumer price index,whichever is greater.
TruGreen shall not increase its prices on an elecmre basis more frequently than once during any agreement year.
3.moment Terms. Payment is due to TniGreen within 30 days after the invoke date.in the event you fag to make payment when due.TruGreen reserves me right to terminate this Agreement A late
service fee equal to the lesser of 15%per month(18%a.p.r.)or the maximum service rate allowed by law will be charged on any balance unpaid over thirty(30)days.A sece charge of S25.00 will be
charged for any returned check.Should It became necessary to bring an action to collect amounts due under this agreement-you agree to pay all toss of such collection including,but not limited to,any
reasonable attorneys tees or other professional fees and court costs.
4.Check processing policy ACH. When you provide a check as payment,you authorize TruGreen erohero use Information from your check to make a ale-time electronic NM transfer from your account
or to process the payment as a check transaction_If TruGreen uses information from your check to make an electronic fund transfer,funds may be withdrawn from your account as soon as the same day
we receive your payment,and you wit not receive your check back from your financial institution.Returns:in the event that your payment Is returned unpaid.you authorize us the option to collect a fee as
allowed by law through an electronic fund transfer from your account.
5.Termination. In the case of your nm-payment or defaut.TruGreen has the right to teumnate this Agreement immediately upon notice to you.TruGreen may terminate this Agreement for convenience
upon thirty(30)days prior written notice to you.You may cancel this Agreement for material breach by TruGreen,provided tat you give TruGreen written notice of the detalis of the breach,and Mereater
TRIGreen tails to cure the breach within thirty(30)days atersald notice.(a).Additional termination provisions for lanftc=Compar±ies.ptgpeM management cg=nles agents and other skngar emroes:
To the extent you represent one or more property owners and/or properties covered under this agreement,and in me event such owner terminates your contact with regard to one or more properties,then
upon notice to TruGreen,you may terminate this Agreement only as it relates to Such property for which owner terminated Is contract with you.To the extent Biot this Agreement applies to otter properties,
not terminated by the owner,this Agreement shall continue in fog force and effect with regard to such other properties.
6.Sate of Property. You agree t0 non TruGreen In waiting Immediately In the event mat you sell any property which Is the subject of this Agreement TruGreen shall make the appropriate adjustment In
price to accommodate the reduction of square footage treated In the event that property is sod.In the event all property which is the subject of the Agreement Is sod,this Agreement shag be terminated
upon receipt by TruGreen of your written notice that you have sod the property.Should you fail to no"TruGreen as required in this provision,you agree to ndemniy TruGreen for any damages Incurred
as a result or your failure to notiy.
7.LIABILITY.TRUGREEN IS RESPONSIBLE FOR DIRECT DAMAGES RESULTING FROM ITS NEGLIGENCE OR BREACH OF THIS AGREEMENT.BUT IS NOT RESPONSIBLE FOR ANY INDIRECT,
INCIDENTAL,CONSEQUENTIAL,PUNITIVE,OR SPECIAL DAMAGES ARISING OR RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THE
AGREEMENT INCLUDING,BUT NOT LIMITED TO,LOSS OF PROFITS OR INCOME.REGARDLESS OF THE BASIS FOR THE CLAIM.
8.Quin'to Inspect You have a duty to inspect the property within fifteen(15)days after service has been performed by TruGreen.If you believe TruGreen provided deficient work you agree to notify
TruGreen immediately in writing.If written notice Is not received by TruGreen*thin fifteen(15)days after the date of service,you agree that any and all claims alleging damage of anry nature or to recover
Past payments and/or rights to withhold future payments the under this Agreement are waived.
9.Notice o tenants.empJWM invttees. To the extent necessary,you have a duly to notify all tenants,employees,visitors and any Omer Invitee on the premises of a scheduled service prior to the
performance of any scheduled service by TruGreen.
10.No warranties.Except as expressly set forth in this Agreement.TruGreen makes no warranty or representation of limy kind,expressed or Implied,concerning either products used or services performed,
including no implied warranty of merchantability or fitness of the product for any particular purpose.and no such warranty shall be impiled by law,usage of trade,course of performance,course of dealing,
or on any other basis.
11.Force mlaJeure. Except for the payment of TruGreen's invokes owed by you.B either TruGreen or you shall be prevented or delayed in the performance of"or all of the provisions of this Agreement,
by reason of any labor dispute,Industry disturbance,delay In transportation,governmental regulatory or legal action,act of God or any cause beyond such part's control,the obligations hereunder of such
party shall be extended for as long as such cause shag be in elect and any delay or loss suffered by to otter parry shag not be chargeable in any way to such party:provided,however,the other party
suffering such cause shag Imrtedaey notify Bte other parry of such inability and shag use reasonable efforts to remedy same with all reasonable dispatch.if any event of force majeure should prevent a
party from performing its obligations under this Agreement ora period of nlnely consecutive(90)days,the other party shall have the right to cancel this Agreement upon notice to the party unable to pertorn
Its obligations.
12.No assignment. You shag not he"the right to assign this Agreement or agree to to transfer of this Agreement by operation of low or otherwise without the prior written consent of TruGreen.This
Agreement shell be binding upon,and shag Inure to to beregt of,the parties hereto and to any permitted successors and assigns.
13.Watering.Cultural Practices, The success of this program depends on proper watering.mowing and cultural practices.Some products used by TruGreen may ncWtle label directions requiring the
watering of the material after application.If any of these products are used on the property,TruGreen will provide you with walerng instructions following the application and you agree t0 assume such
watering responsibility.Climate conditions,soil cordlbgns,plant diseases,plant material,and miscellaneous external factors will impact response to treatment.Results for dggcug-to-control diseases will
vary depending on environment,culture and agronomic programs used or treatment applied.Treatment for diseases may include additional cost.Consull your TruGreen specialist for details.
14.Modification of program. This program consists of lawn care ardtor tree and shrub care as indicated above.Specific products,rates or application and method of application wig vary with the season,
weather co dMm,and the needs of your lawn as determined by your TruGreen specialist.Your regularly scheduled programs may be modroed depending on the weather and the condition of your
landscape.The application methods and procedures used to perform service under this Agreement will be determined solely by TruGreen.Your TruGreen specialist will keep you Informed on any
modifications to this schedule.
15.Insets and Borers. Total insect elimination Is not desirable with arty program because beneficial Insects will be lest a"with the targeted pests.Plans evaded by borers have a high probability of
death or decline.Sound cultural practices and control applkatlons may extend rte Ire of some plant species.Treatment for boiling Insets may Include additional cost.Cosug your TruGreen specialist with
details.
16.Authorization to provide Service.TruGreen agrees to furnish labor and materials for purposes of this Agreement and is authorized by you to treat the property at the address shown above.You represent
and warrant to TruGreen that you are the owner of said property,or in the event that you are not the owner of the property to which this Agreement applies,you represent and warrant that you have the
legal authority to execute and bind the owner of the property to the terms and conditions of this Agreement.
17.MANDATORY ARBITRATION. Any clean,dispute or controversy,regarding any contract ort,statute,or otherwise(-Claim-),ansng Out of or retailing to this agreement or the relationships among the
Parties hereto shall be resolved by one arbitrator through binWng arbitration administered by the American Arbitration Assocabon(AAA),under the AAA Commercial or Consumer,as applicable.Rules In
effect at the time the Claim Is filed('AAA Rules-).Copies of me AAA Rules and forms can be located at www.adr.org,or by caang 1-800-778-7879.The arbltrators decision shall be final,binding,and non-
appealable.Judgment upon the award may be entered and enforced in any court having jurisdiction.This clause is made pursuant to a transaction involving Interstate commerce and shag be governed by
the Federal Arbitration Act.Neither party shag sue the other party atter titan as provided herein Or for enforcement of this clause or of the arbitrators award:any such sun may be brought only in Federal
District Court for the District or,g any such court locks jursdlctrUn,in any state court mal has Jurisdk0on.The arbitrator,and not any federal,state,or local court,shall have exclusive authority to resolve arty
dispute relabng to the interpretation,applicability,uncorscionabtlgy,arbihabliy,enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable.
However,the preceding sentence shall not appy to the cause entitled'Class Action Waiver.'
18.CLASS ACTION WAIVER Any Claim must be brought in to parties'indhadUal capacity,and not as a plaimit or class member in any purported class,collective,representative,multiple plaintiffs.or
similar proceeding(-Class Action-).The parties expressly waive any ability to maintain any Class Action in any forum.The arbitrator stall not have authority to combine or aggregate similar claims or conduct
any Class Action nor make an award to any person or entity not a parry to the artitratiort Any claim that all or part or this Class Action Wawer is unenforceable,unconscionable,void,or voidable may be
determined only W a court of competent)ursdctlon and not by an arbitrator.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT,TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS
OR REPRESENTATIVE ACTION.HOWEVER.THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY,THROUGH ARBITRATION.
19.Unless expressly noted otherwise herein,this Agreement and any Inose Issued by TruGreen pursuant to the terms hereof.set form the entire understanding of the partes,and Supersede any and all
proposals,negotiations,representations and prior agreements renting to the subject mater of this Agreement,written or otherwise,including,without Iknitalion any sales agreement previously executed
the parties.To the extent that any terms set forth in an invoke should conflict with the terms set forth in this Agreement,this Agreement shag terms,control.No tes,Conditions,orwarranties Omer than those
stated herein or In any Invoke Issued by TruGreen,and no agreements or understanding,oral or written,In any way purporting to modify these conditions shall be biding on the parties hereto unless
hereafter made In writing and signed by authorized representatives of both parties.
20.This customer service Agreement Is only valid If accepted by you within 30 days of the date submitted to customer.
By: Date:
REPRESENTATIVE/GENERAL MANAGER
Print Name: Date:
Customer Signature: Date:
AUTHORIZED AGENT/CUSTOMER
@2020 TruGreen L.P.All Rights Reserved 2020-R-5575-Village of Oak Brook-2020-02-05
19:47:46
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 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.
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.
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,
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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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