R-1635 - 04/11/2017 - PUBLIC WORKS - Resolutions RESOLUTION 2017-PW-WEED-R-1635
A RESOLUTION APPROVING AND AUTHORIZING THE AWARD
OF A CONTRACT TO TRUGREEN L.P.TO PROVIDE
FERTILIZATION, BROADLEAF, CRABGRASS, AND VEGETATION CONTROL
WHEREAS, fertilization and control of broadleaf, crabgrass, and vegetation ("Services") are
required seasonally; and
WHEREAS, proposals were sent to three companies that provide these Services, and after two
proposals were received, a tabulation was prepared; and
WHEREAS, TruGreen L.P. ("TruGreen'j, one of the two proposers, is the Village's current
vendor for these Services and Staff is satisfied with their performance; and
WHEREAS, the President and Board of Trustees being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to award the Contract for Services
to TruGreen.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of Contract. The President and Board of Trustees hereby approve the
Contract with TruGreen in substantially the same form as attached as Exhibit A.
Section 3: Authorization and Execution of Contract. The Village Manager and Village Clerk
shall be, and hereby are, authorized to execute the Contract between the Village and TruGreen after
receipt of the final Agreement fully executed by TruGreen.
Section 4: Effective Date. This Resolution shall be in full force upon passage and approval
in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2017-PW-WEED-R-1635
Approving a Contract for Fertilization,
Weed and Vegetation Control
Page 2 of 3
r
APPROVED THIS 11th day of April, 2017
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of April, 2017
Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf
Nays: None
Absent: None
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2017-PW-WEED-R-1635
Approving a Contract for Fertilization,
Weed and Vegetation Control
Page 3 of 3
EXHIBIT A
CONTRACT FOR FERTILIZATION, BROADLEAF, CRABGRASS, AND
VEGETATION CONTROL
t.r►+�
##33 REVIEW OF CONTRACTS
Awarding Agency: a of Contract:
V c� P ys .
Department: Program/Accou-I Number`
��
Awa ded Contract Price: Budgeted Amount-
3 � le ,-6DS - t
F--j Under $20,000 Q $500,001 - $1,000,000
$20,000 - $500,000 Q Over $1,000,000
Name:. ALLL Date: 3 3
Name: Date: j
Name: Date: -e-1-
Name: Date; S ! 7
Three (3) Originals signed by other party Date/Initials 2J j 7
Original provided to staff member for other party Date/Initials 1 7 i
Original provided to Official Files Date/Initials -7 /Z�
.Ic
Village of Oak Brook I Approved by Board of Trustees- Date/Initials:
VILLAGE OF OAK BROOK
CONTRACT FOR THE
FERTILIZATION BROADLEAF CRABGRASS AND VEGETATION CONTROL
Full Name of Contractor:TruGreen,L.P.("Contractor")
Principal Office Address:7650 West 991h Street,Hickory Hills,Illinois 60457
Contact Person: Richard Blackwell 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 5. Miscellaneous. Do all other things required of
Contractor by this Contract;and
A. Contract and Work. Contractor acknowledges, and
agrees,that Contractor shall,at its sole cost and expense,provide, 6. uali . Provide, perform, and complete all of the
perform, and complete, in the manner specified and described, foregoing in a proper and workmanlike manner,
and upon the terms and conditions set forth, in this Contract, all consistent with the standards of recognized
of the following,all of which is herein referred to as the"Work": professional firms in performing Work of a similar
nature, in full compliance with, and as required by
1. Labor, Equipment, Materials, and Supplies.ies. or pursuant, to this Contract, and with the greatest
Provide, perform, and complete, in the manner economy, efficiency, and expedition consistent
specified and described in this Contract, all therewith, with only new, undamaged, and first
necessary work, labor, services, transportation, quality equipment,materials,and supplies,
equipment, materials, supplies, information, data,
and other means and items necessary for Storm B. Performance Standards. Contractor
Sewer Services, as specified in the Contractors acknowledges and agrees that all Work shall be fully
response to the Request for Proposal, hereto provided, performed, and completed in accordance with
attached as Exhibit A ("Work Site"); the specifications in Exhibit A. In the event the quality
of service becomes unacceptable, the Village reserves
2. Permits. The Village will furnish all permits, the right to cancel the contract after giving thirty (30)
licenses, and other governmental approvals and day written notice.
authorizations necessary in connection therewith;
C. Responsibility for Damage or Loss. Contractor
3. Bonds and Insurance. Procure and furnish all bonds proposes, and agrees, that Contractor shall be responsible and
and all insurance certificates and policies of liable for, and shall promptly and without charge to Village repair
insurance specified in this Contract; or replace, any damage done to, and any loss or injury suffered
by, the Village, the Work, the Work Site, or other property or
4. Taxes. Pay all applicable federal, state, and local persons as a result of the Work.
taxes;
1
D. Inspection/Testing/Rejection. Village shall have the the Village's acceptance of this Contract provided Contractor
right to inspect all or any part of the Work and to reject all or any shall have furnished to the Village all bonds and all insurance
part of the Work that is, in Village's judgment, defective or certificates specified in this Contract("Commencement Date").
damaged or that in any way fails to conform strictly to the
requirements of this Contract and the Village,without limiting its 4. Financial Assurance
other rights or remedies,may require correction or replacement at
Contractor's cost, perform or have performed all Work necessary A. Bonds. If the total contract cost is$20,000 or more,the
to complete or correct all or any part of the Work that is Contractor acknowledges and agrees that Contractor shall provide
defective, damaged, or nonconforming and charge Contractor a Performance Bond, on forms provided by, or otherwise
with any excess cost incurred thereby,or cancel all or any part of acceptable to, the Village, from a surety company acceptable to
any order or this Contract. Work so rejected may be returned or the Village,each in the penal sum of the Contract Price,within 10
held at Contractor's expense and risk. days following the Village's acceptance of this Contract.
2. Contract Price B. Insurance. Contractor acknowledges and agrees that
Contractor shall provide certificates of insurance evidencing the
Contractor acknowledges and agrees that Contractor shall minimum insurance coverages and limits set forth in Exhibit B
take in monthly payments for all Work and other matters set forth within 10 days following the Village's acceptance of this
under Section 1 above, including overhead and profit; taxes, Contract. Such policies shall be in form, and from companies,
contributions, and premiums; and compensation to all acceptable to the Village. The insurance coverages and limits set
subcontractors and suppliers,the compensation set forth below. forth Exhibit B shall be deemed to be minimum coverages and
limits and shall not be construed in any way as a limitation on
A. SCHEDULE OF PRICES Contractor's duty to carry adequate insurance or on Contractor's
liability for losses or damages under this Contract. The minimum
For providing,performing, and completing all Work,the insurance coverages and limits that shall be maintained at all
total Contract Price as indicated in Exhibit A. times while providing,performing,or completing the Work are as
set forth in Exhibit B.
B. BASIS FOR DETERMINING PRICES
C. Indemnification. Contractor acknowledges and agrees
It is expressly understood and agreed that: that Contractor shall indemnify and save harmless the Village, its
officers, officials,employees and volunteers,against all damages,
1. All prices stated in the Schedule of Prices are firm liability, claims, losses, and expenses (including attorneys' fee)
and shall not be subject to escalation or change; that may arise, or be alleged to have arisen, out of or in
connection with Contractor's performance of, or failure to
2. The Village is not subject to state or local sales, perform, the Work or any part thereof, or any failure to meet the
use, and excise taxes, that no such taxes are representations and warranties set forth in Section 6 of this
included in the Schedule of Prices, and that all Contract.
claim or right to claim any additional compensation
by reason of the payment of any such tax is hereby D. Penalties. Contractor acknowledges and agrees that
waived and released; Contractor shall be solely liable for any fines or civil penalties
that are imposed by any governmental or quasi-governmental
3. All other applicable federal, state,and local taxes of agency or body that may arise, or be alleged to have arisen,out of
every kind and nature applicable to the Work are or in connection with Contractor's performance of, or failure to
included in the Schedule of Prices. perform,the Work or any part thereof.
C. TIME OF PAYMENT
5. Firm Proposal
It is expressly understood and agreed that all payments All prices and other terms stated in this Contract are firm and
shall be made upon completion of the work and final shall not be subject to withdrawal,escalation,or change.
approval by the Village.
All payments may be subject to deduction or setoff by 6. Contractor's Representations and Warranties
reason of any failure of Contractor to perform under this In order to induce the Village to accept this Contract,
Contract. Each payment shall include Contractor's Contractor hereby represents and warrants as follows:
certification of the value of, and partial or final waivers
of lien covering, all Work for which payment is then A. The Work. The Work and all of its components, shall
requested and Contractor's certification that all prior strictly conform to the requirements of this Contract, including,
payments have been properly applied to the payment or without limitation, the performance standards set forth in
reimbursement of the costs with respect to which they Subsection 1B of this Contract; and shall be fit, sufficient, and
were paid. suitable for the purposes expressed in, or reasonably inferred
3. Contract Term from,this Contract and the warranties expressed herein shall be in
The term of this Agreement shall be for three (3) years addition to any other warranties expressed or implied by law,
beginning May 1, 2017. Contractor acknowledges and agrees that which are hereby reserved unto the Village.
Contractor shall commence the Work within 15 days following
2
B. Compliance with Laws. The Work, and all of its by the Village,whether before or after the Village's acceptance of
components, shall be provided, performed, and completed in this Contract; nor any order by the Village for the payment of
compliance with, and Contractor agrees to be bound by, all money;nor any payment for, or use,possession,or acceptance of,
applicable federal, state, and local laws, orders, rules, and the whole or any part of the Work by the Village; nor any
regulations, as they may be modified or amended from time to extension of time granted by the Village; nor any delay by the
time, including without limitation, if applicable, the Prevailing Village in exercising any right under this Contract; nor any other
Wage Act, 820 ILCS 130/0.01 et M.; any other prevailing wage act or omission of the Village shall constitute or be deemed to be
laws; any statutes requiring preference to laborers of specified an acceptance of any defective, damaged, or nonconforming
classes; any statutes prohibiting discrimination because of, or Work, nor operate to waive or otherwise diminish the effect of
requiring affirmative action based on, race, creed, color, national any representation or warranty made by Contractor; or of any
origin, age, sex, or other prohibited classification; and any requirement or provision of this Contract; or of any remedy,
statutes regarding safety or the performance of the Work. power,or right of the Village.
Further, Contractor shall have a written sexual harassment policy
in compliance with Section 2-105 of the Illinois Human Rights G. Severability. It is hereby expressed to be the intent of
Act during the course of the work. The Village does not believe the parties to this Contract that should any provision, covenant,
that the requirements of the Prevailing Wage Act(820 ILCS 130), agreement, or portion of this Contract or its application to any
as amended, apply to the Contract. However, the Contractor is Person or property be held invalid by a court of competent
responsible for making its own assessment of the Prevailing jurisdiction, the remaining provisions of this Contract and the
Wage Act's requirements and if it applies to the Contract. validity,enforceability, and application to any Person or property
shall not be impaired thereby, but the remaining provisions shall
C. Not Barred. Contractor is not barred by law from be interpreted, applied, and enforced so as to achieve, as near as
contracting with the Village or with any other unit of state or may be, the purpose and intent of this Contract to the greatest
local government as a result of(i) a delinquency in the payment extent permitted by applicable law,
of any tax administered by the Illinois Department of Revenue
unless Contractor is contesting,in accordance with the procedures H. Amendments and Modifications. No amendment or
established by the'appropriate Revenue Act, its liability for the modification to this Contract shall be effective until it is reduced
tax or the amount of tax, as set forth in 65 ILCS 5/11-42.1-1; or to writing and approved and executed by the corporate authorities
(ii)a violation of either Section 33E-3 or Section 33E-4 of Article of the parties in accordance with all applicable statutory
33 of the Criminal Code of 1961,720 ILCS 5/33E-I et seq. procedures.
D. Qualified. Contractor has the requisite experience, 1. Assignment. Neither this Contract, nor any interest
ability, capital, facilities, plant, organization, and staff to enable herein, shall be assigned or subcontracted, in whole or in part,by
Contractor to perform the Work successfully and promptly and to Contractor except upon the prior written consent of the Village,
commence and complete the Work within the Contract Price and
Contract Time set forth above. J. Governing Law; Venue. This Contract shall be
governed by, construed and enforced in accordance with the
7. Acknowledgements internal laws, but not the conflicts of laws rules, of the State of
Illinois. Venue for any action arising out of or due to this
In submitting this Contract, Contractor acknowledges and Contract shall be in the Circuit Court for DuPage County,Illinois.
agrees that:
K. Certified Payrolls. Contractor shall, in accordance with
A. Reliance. The Village is relying on all warranties, Section 5 of the Illinois Prevailing Wage Act, 820 ILCS 130/5,
representations, and statements made by Contractor in this submit to the Village,on a monthly basis,a certified payroll. The
Contract. certified payroll shall consist of a complete copy of those records
required to be made and kept by the Prevailing Wage Act. The
B. Acceptance. If this Contract is accepted, Contractor certified payroll shall be accompanied by a statement signed by
shall be bound by each and every term, condition, or provision the Contractor or subcontractor which certifies that: (1) such
contained in this Contract. records are true and accurate; (2)the hourly rate paid is not less,
if applicable, than the general prevailing rate of hourly wages
D. Remedies. Each of the rights and remedies reserved to required by the Prevailing Wage Act; and (3) Contractor or
the Village in this Contract shall be cumulative and additional to subcontractor is aware that filing a certified payroll that he or she
any other or further remedies provided in law or equity or in this knows to be false is a Class B misdemeanor. A general contractor
Contract. may rely upon the certification of a lower tier subcontractor,
provided that the general contractor does not knowingly rely upon
E. Time. Time is of the essence in the performance of all a subcontractor's false certification. Upon two business days'
terms and provisions of this Contract and, except where stated notice,Contractor and each subcontractor shall make available for
otherwise references in this Contract to days shall be construed to inspection the records required to be made and kept by the Act:
refer to calendar days and time. (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;
F. No Waiver. No examination, inspection, investigation,
and(ii)at all reasonable hours at a location within this State.
test, measurement, review, determination, decision, certificate, or L. Conflicts of Interest. Contractor represents and certifies
approval by the Village, whether before or after the Village's that, to the best of its knowledge, (1) no elected or appointed
acceptance of this Contract; nor any information or data supplied Village official, employee or agent has a personal financial
3
interest in the business of the Contractor or in this Agreement,or conflict in any manner or degree with the performance of the
has personally received payment or other consideration for this obligations under this Agreement.
Agreement; (2) as of the date of this Agreement, neither
Contractor nor any person employed or associated with M. Exhibits. if any conflict exists between this Contract and
Contractor has any interest that would conflict in any manner or any exhibit attached hereto, the terms of this Contract shall
degree with the performance of the obligations under this prevail. Any conflict that exists between Exhibit A and Exhibit
Agreement; and (3) neither Contractor nor any person employed B,the terms of Exhibit B shall prevail.
by or associated with Contractor shall at any time during the term
of this Agreement obtain or acquire any interest that would
IN WITNESS WHEREOF the parties hereto have VILLAGE OF OAK BROOK,an Illinois municipal
T aused this Agreement to be executed, effective on corporation
I_l.1 1 _ _,2017.
ATTEST:
Of
l
By: By:
Charlotte Pruss,Village Clerk Riccardo F.Ginex,Village Mana er
ATTEST: TRUGREEN L.P.
/ By' a
By.
Its: T,, S
4
(PROPOSAL SUBMITTED)
EXHIBIT B
5
The Village of Oak Brook is currently seeking prices for 3 consecutive
years for Fertilizing, Broadleaf Control and total Vegetation Control.
Areas for treatment are color coded on the enclosed map, and also the
boundaries outlined in Section C. Key to Map.
Fertilizing and Broadleaf Control
Product Selection, Application Rates and Application Dates.
Spring (April 1St— May 15th)
Granular Fertilizer and Crabgrass Control: 25-0-5 .19% Dimension applied at
.251b a.i./ acre. This rate will deliver 0.75 lb N/1000 sq. ft. and 0.25 lb dithiopyr
per acre.
OR
Liquid Fertilizer and Crabgrass Control: 17-0-5 0.251b a.i./ acre Dimension, 0.75
lb N/100
Broadleaf Weed Control: Escalade 2 shall be applied at 3.00 pints /acre
Early Summer (June 1St- June 30th)
Granular Fertilizer: 16-0-4 50% poly coated Urea, .050 lb N/100
OR
Liquid Fertilizer: 17-0-5 50% slow release nitrogen from N-Sure or NBN.
0.75lb/1000
Broadleaf Control: TruPower 3 shall be applied at a rate of 3.25 pints per/acre
Grub Control: Merit 2f
Late Summer (July 15th-September 15th)
Granular Fertilizer: 25-0-5 poly coated Urea, 0.75lbs of N/1000 sq. ft.
OR
Liquid Fertilizer: 17-0-5 50% slow release nitrogen from N-Sure or NBN.
0.751 b/1000
Fall (October 1St- October 30th)
Granular Fertilizer: 20-0-5 all mineral 0.751b N/100
OR
Liquid Fertilizer: 17-0-5 0.751b N/1000
Broadleaf Weed Control: Escalade 2 shall be applied at 3.00 pints/acre.
Total Vegetation Control
Product Selection, Application Rates and Application Dates.
Spring April 15th- May 30tH)
Total Vegetation Control: Razor Pro applied at 8-16 ounces per acre (this is based
on location, and site vegetation problem. Refer to label not to exceed legal limits).
Summer (June 151h-July 301h)
Total Vegetation Control: Razor Pro applied at 8-16 ounces per acre (this is based
on location, and site vegetation problem. Refer to label not to exceed legal limits).
Fall (September 15t- October 15)
Total Vegetation Control: Razor Pro applied at 8-16 ounces per acre (this is based
on location, and site vegetation problem. Refer to label not to exceed legal limits).
Trugreen L.P. Proposal: 2017-2019 : 7650 W 99th St, Hickory Hills, IL, 60457
Marko Jurkovic (708-224-1302 CELL) email: marko.jurkovic @trugreenmail.com
Section B
Pricing
Fertilizing, Broadleaf, and Crabgrass Control:
Spring Treatment, Village wide, per map
2017 $ 7,310.00 2018 $ 7,300.00 2019 $ 7,290.00
Early Summer Treatment, Village Hall area
2017$ 490.00 2018 $ 480.00 2019 $ 470.00
Late Summer Treatment, Village Hall area
2017 $ 455.00 2018 $ 450.00 2019 $ 440.00
Fall Treatment, Village wide, per map
2017 $ 5.200.00 2018 $ 5,175.00 2019 $ 5,150.00
Total Vegetation Control:
Spring Treatment, per map
2017 $ 950.00 2018 $ 925.00 2019 $ 900.00
Summer Treatment, per map
2017 $ 950.00 2018 $ 925.00 2019 $ 900.00
Fall Treatment, per map
2017 $ 950.00 2018 $ 925.00 2019 $ 900.00
Grand totals per year:
2017 $ 16,305.00 2018 $ 16,180.00 2019 $ 16,050.00
Please send back pricing to:
Lee Hammer
Village of Oak Brook
1200 Oak Brook Rd.
Oak Brook II. 60523
Any questions please contact
Lee Hammer
Ihammer @oak-brook.org
630-368-5278
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-
(I)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, 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
6
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