R-1699 - 01/23/2018 - AGREEMENTS - Resolutions Exhibitsy`
REVIEW QF CONTRACTS
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Aw rded Contract rice:B dgeted Amo t:
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20 000 -$500,000 Over $1,000,000
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Three (3) riginais signed by ather party Date/Initial 1 1
Original provided to stafF member for other party Date/Initials 1
Original pcavided to fficial Files Date/Initials,i ,S
Village of(7ak Brook Approved by Board of Trustees- Date/initials:
VILLAGE OF OAK BROOK
CONTRACT FOR THE
REMOVAL OF INVASIVE BUCKTHORN ASH 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: 815838-0375
T0: 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 ea;amined the Work Site described below and
has reuiewed and understood all documents included,
referred to, or mentioned in this 6ound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges, 5. Miscellaneous. Do all other things required
and agrees, that Contractor shall, at its sole cost and of Contractor by this Contract; and
expense, provide, perform, and complete, in the manner
specified and described, and upon the terms and 6. ualit . Provide, perform, and complete all
conditions set forth, in this Contract, all of the following, of the foregoing in a proper and workmanlike
all of which is herein referred to as the "Work": manner, consistent with the standards of
recognized professional firms in performing
1. Labor, Epuipment, Materials, and Supplies. Work of a similar nature, in full compliance
Provide, perform, and complete, in the with, and as required by or pursuant, to this
manner specified and described in this Contract, and with the greatest economy,
Contract, all necessary work, labor, services, efficiency, and expedition consistent
transportation, equipment, materials, therewith, with only new, undamaged, and
supplies, information, data, and other means first quality equipment, materials, and
and items necessary for the Removal of supplies.
Invasive Buckthorn, Ash and Dead Trees, as
specified in Exhibit A, attached hereto, at B. Performance Standards. Contractor
the Oak Brook Sports Core Property, Oak acknowledges and agrees that all Work shall be fully
Brook, Illinois 60523 ("Work Site"); provided, performed, and completed in accordance with
the Proposal dated January 17, 2018, attached hereto as
2. Permits. The Village will furnish all Exhibit A.
permits, licenses, and other governmental
approvals and authorizations necessary in C. Responsibilitv for Damaee or Loss. Contractor
connection therewith; proposes, and agrees, that Contractor shall be
responsible and liable for, and shall promptly and
3. Insurance. Procure and furnish insurance without charge to Village repair or replace, any damage
certificates specified in this Contract; done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
4. Taxes. Pay all applicable federal, state, and a result of the Work.
local taxes;
1
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 28, 2018
compensation set forth below. Time of Performance"). The Village may modify the
Time of Performance at any time upon 15 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$49,640.00 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.
Forty-Nine Thousand Six Hundred and Forty 4. Financial Assurance
Dollars
A. Insurance. Contractor acknowledges and agrees
B. BASIS FOR DETERMINING PRICES that Contractor shall provide certificates of insurance
evidencing the minimum insurance coverages and limits
It is expressly understood and agreed that: set forth in Exhibit B within 10 days following the
Village's acceptance of this Contract. Such policies shall
1. All prices stated in the Schedule of Prices be in form, and from companies, acceptable to the
are firm and shall not be subject to Village. The insurance coverages and limits set forth
escalation or change;Exhibit B shall be deemed to be minimum coverages and
limits and shall not be construed in any way as a
2. The Village is not subject to state or local limitation on Contractor's duty to carry adequate
sales, use, and excise taxes, that no such insurance or on Contractor's liability for losses or
taxes are included in the Schedule of Prices, damages under this Contract. The minimum insurance
and that all claim or right to claim any coverages and limits that shall be maintained at all
additional compensation by reason of the times while providing, performing, or completing the
payment of any such tax is hereby waived Work are as set forth in Exhibit B.
and released;
3. All other applicable federal, state, and local B. Indemnification. Contractor acknowledges and
taxes of every kind and nature applicable to agrees that Contractor shall indemnify and save
the Work are included in the Schedule of harmless the Village its officers, officials, employees and
Prices. volunteers, against all damages, liability, claims, losses,
and expenses (including attorneys'fee) that may arise, orC. TIME OF PAYMENT be alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the
It is expressly understood and agreed that all Work or any part thereof, or any failure to meet the
payments shall be made upon completion of the representations and warranties set forth in Section 6 of
work and final approval by the Village. this Contract.
2
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 thereo£ In submitting this Contract, Contractor
acknowledges and agrees that:
5. Firm Pro osal
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,
condition, or provision contained in this Contract.
In order to induce the Village to accept 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,
componente, 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 se .; 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. Severabilitv. 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 propertyforthetaxortheamountoftax, 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
720ILCS 5/33E-1 et se c. of this Contract to the reatest extentg permitted by
applicable law.
D. ualified. 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
3
is reduced to writing and approved and ex cuted by tho IC. C:onflicts of Intex est. Contractor represents and
corporate authorities of the parties in accurdance with ail certifies that> to the best nf its knowledge, (l) n elected
applicable statutory procedareg. or appointed Viilage official, employee or agent has a
personal financial interest in the bueiness of the
H, A signment. Neither this CoraCi•act, nor a ey Co tractor or in this Ag eement, or has personally
interest hereiri, ahall be assigned or subcontracted, in received payment or other consideration for this
whole or in part, by Contractor except upon tho prior Agrcement; (2) as of the date of this Agreemont, neithet•
written consent of Che Vitlage.Contractor nor any person employed or associated tivith
Contractor h s any interest that would conflict in any
1. Governin Law: Venye. This Contract shall be manner or degree with the performance of the
governed by, constri ed and enforced in ccordance with obligations under this Agreement; and (3) neiCher
the internal laws, but not the conflicts of l wa rul y, of Contractor nor any person employed by or associated
the State of Illinois. Venue for any action arising out of with Contractor shail at any time during the term of this
I or due to this Contract shall be in the Circuit Court for rlgreement obtain or acquire any interest that would
DuPage County, Illinoia. contlict in any n anner or degree with the performance of
the abligations under this Agreement.
J. Certified PA, rolls. Contractor shaU, in
nccordan e with Sect;on 5 of the Illinois Prevaiiing Vage L. Lshit its and O r_.greements. IFany conflict existsAct, 820 ILCS 130/5, submit to the Village, on a monthly betweea this Agree nent a ic!ariy exhibit attached heretobasis, 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 ahall
required to bE: made and kept by the Prevailing age pl•evail.
Act. The certiGed payrol! shall be accompanied by a
statement signed by the Contractoi• or subcontracta l. No !)i closure of Confidential Information k1y the
which certifies that: (1) such records are true and
onsyltant. The Consultant acknowledges that it
accurate; (2) the hourly rate paid is not less, if hall, in performing the Services for the Vil(age under
applic ble, than the generai prevaifing rate of hourly this tlgreement, have access, or be directly orwagese•equired by thE Prevailing Wage Act; arict (3)
Contractor or subcontractor is aware thal filing t ndirectly exposed, to Confidential Information. The
certifiecl payroll that he or ahe knows to be false is a
Consultant shall hold cunfidential Il Confidential
Cless I3 miydeme nor. A general contractor mAy rely Information and shall not disclose or use such
upon the ccrtification of a lower tier subcontraetor, Confidential InFormation without the express prior
provided that the general contractor does not knowingly written consent of the Village. The Consultant ahall
rely ipon a 9UUCOItLl actor's false certification. Upon two use reasonable measures at least as strict as those the
baainess days' notice, Contractor and each subcontractor Consultant uses to protect its own confidential
yh ll m ke available for inspection he records require d inform tion. Such measures 3h 11 include, without
o be u ade nd [cept by the Act: (i) to the ViUage, its limit tion, renuiring employees and subcontractors of
officers and agents, and to the Director of thc (ltinois the Consultant to execute a non•disclosta•e agreement
Uepurtment of Labor and his or her deputies asid agents; before obtaining access to Confidential Information.
and (ii) at aU reasonable houre at a location vithin this
State.
IN WITNES9 WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinoie
have c used Chia Agreemen to be executed, municipal corporation
effective on t 0!' 2016.
A'P'CEST:
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HY...--__......_..__._ I3y:
VillaKe C[erk Village Manager
A'I'TF.ST:HO R REE RE,INC.
By:
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EXHIBIT A
PROPOSAL DATED JANUARY 17, 2018)
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1+000 S.ARCHER AVENUE, LOCKPORT, IL 60441
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PHONE:815-838-0320 FAX: 815-838-0375 www.homertree.com c c r i, ric =.
PROPOSAL
Date: 1/17/2018 Job Name: 144427
Village of Oak Brook Work Site: 800 Oak rook Road
Lee Hammer Oak Brook, IL 60523
1200 Oak Brook Rd
Oak Brook, IL 60523 Proposed By: Richard Reposh
Email: Ihammer@oak-brook.org Phone: 630-368-5278
Item Description Qty Cost
0 Various trees Tree Removal w/stump grinding 0 $49,640.00
Bid proposal for tree work to be completed at 800 Oak Brook Rd:
Remove invasive brush, dead trees and ground debris located on
either side of existing entrance road to the above mentioned site.
Clearing of areas shall be 40 feet from existing edge of asphalt into
woods with all specimen trees of size to remain
This work to include tree and brush removal on north side of access
road to main building/pool
34,300.00
Remove additional invasive brush and dead trees as indicated in blue
per GIS page provided. Trees and brush will be cut near ground level,
with accessible trees stumps over 4"diameter to be ground out and
smaller stumps to be treated to help prevent regrowth. All nicer
specimen trees in clearing areas shall be preserved
All wood chips and logs shall be removed from site
Access to work wili be from roadway that leads to existing chips/dirt
stockpite area
10,000.00
Apply Garlon 4 with dye to all smaller diameter stumps as an initial
treatment
5,340.00
Customer Signature Date
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.
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REVIEW OF CQNTRACTS
AwaVing Agency: f Conctract;
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De artment:Program/Arc.count Nu er:
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Aw rded Contract rice:B dgeted Amo t:
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C] Under $20,000 ' 500,001 - $1,00,000
j $20,000 -$500,000 Qver $1,Q00,000Y
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Name: Date:
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1 Three (3) Originals signed by other party Date/Initia( 1 1
j O iginal provided to staff inember for ather party Date/Initials 1
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C?riginal pcovided to Official Files Date/Initials, ,.5
Viilage of Oak Brook Approved by Baard of Trustees- Date/initials:
VILLAGE OF OAK BROOK
CONTRACT FOR THE
R,EMOVAL OF INVASIVE BUCKTHORN ASH AND DEAD TREES AT THE SPORTS CORE PROPERTY
Full Name of Contractor: Homer Tree Care, Inc. ("Contractor") M
Principal Office Address: 14000 S.Archer Avenue, Lockport, Illinois 60441
Contact Person: Richard Reposh Telephone Number: 815838-0375
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 reuiewed and understood all documents included,
referred to, or mentioned in this bound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges, 5. Miscellaneous. Do all other things required
and agrees, that Contractor shall, at its sole cost and of Contractor by this Contract; and
expense, provide, perform, and complete, in the manner
specified and described, and upon the terms and 6. ualit . Provide, perform, and complete all
conditions set forth, in this Contract, all of the following, of the foregoing in a proper and workmanlike
all of which is herein referred to as the"Work": manner, consistent with the standards of
recognized professional firms in performing
1. Labor, Eauipment, Materials, and Sunplies. Work of a similar nature, in full compliance
Provide, perform, and complete, in the with, and as required by or pursuant, to this
manner specified and described in this Contract, and with the greatest economy,
Contract, all necessary work, labor, services, efficiency, and expedition consistent
transportation, equipment, materials, therewith, with only new, undamaged, and
supplies, information, data, and other means first quality equipment, materials, and
and items necessary for the Removal of supplies.
Invasive Buckthorn, Ash and Dead Trees, as
specified in Exhibit A, attached hereto, at B. Performance Standards. Contractor
the Oak Brook Sports Core Property, Oak acknowledges and agrees that all Work shall be fully
Brook, Illinois 60523 ("Work Site"); provided, performed, and completed in accordance with
the Proposal dated January 17, 2018, attached hereto as
2. Permits. The Village will furnish all Exhibit A.
permits, licenses, and other governmental
approvals and authorizations necessary in C. Responsibilitv for Damage or Loss. Contractor
connection therewith; proposes, and agrees, that Contractor shall be
responsible and liable for, and shall promptly and
3. Insurance. Procure and furnish insurance without charge to Village repair or replace, any damage
certificates specified in this Contract; done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
4. Taxes. Pay all applicable federal, state, and a result of the Work.
localtaxes;
1
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 28, 2018
compensation set forth below. Time of Performance"). The Village may modify the
Time of Performance at any time upon 15 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$49,640.00 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.
Forty-Nine Thousand Six Hundred and Forty 4. Financial Assurance
Dollars
A. Insurance. Contractor acknowledges and agrees
B. BASIS FOR DETERMINING PRICES that Contractor shall provide certificates of insurance
evidencing the minimum insurance coverages and limits
It is expressly understood and agreed that: set forth in Exhibit B within 10 days following the
Village's acceptance of this Contract. Such policies shall
1. All prices stated in the Schedule of Prices be in form, and from companies, acceptable to the
are firm and shall not be subject to Village. The insurance coverages and limits set forth
escalation or change;Exhibit B shall be deemed to be minimum coverages and
limits and shall not be construed in any way as a
2. The Village is not subject to state or local limitation on Contractor's duty to carry adeyuate
sales, use, and excise taxes, that no such insurance or on Contractor's liability for losses or
taxes are included in the Schedule of Prices, damages under this Contract. The minimum insurance
and that all claim or right to claim any coverages and limits that shall be maintained at all
additional compensation by reason of the times while providing, performing, or completing the
payment of any such tax is hereby waived Work are as set forth in Exhibit B.
and released;
3. All other applicable federal, state, and local B. Indemnification. Contractor acknowledges and
taxes of every kind and nature applicable to agrees that Contractor shall indemnify and save
the Work are included in the Schedule of harmless the Village its off'icers, off`icials, employees and
Prices. volunteers, against all damages, liability, claims, losses,
and expenses (including attorneys' fee) that may arise, orC. TIME OF PAYMENT be alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the
It is expressly understood and agreed that all Work or any part thereof, or any failure to meet the
payments shall be made upon completion of the representations and warranties set forth in Section 6 of
work and final approval by the Village. this Contract.
2
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
acknowledges and agrees that:
5. Firm Proposal
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 ehall not be subject to withdrawal, escalation, Contractor in this Contract.
or change.
B. Accentance. If this Contract is accepted,
6. Contractor's Representations and Warranties Contractor shall be bound by each and every term,
condition, or provision contained in this Contract.
In order to induce the Village to accept 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 agreea 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 se c.; 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. Severabilitv. 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 se c. of this Contract to the greatest extent permitted by
applicable law.
D. ualified. 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
3
is reduced ta writing and approved and es cuted by tho IC, Conflicts of lntex•e5t. Contractor re resents and
corporate authorities of the parties in accordance with all certifies thet> ta the best of its k+iowledge, (1) no elected
applicable statutory procedureg. or appointed Village official, employee or agent has a
pei•sonal 6nancial interest in the busineAs of the
H. A signment, Neither this ConCract, nor any Contractor or in this Agreement, or has personally
interest herein, ahall be a9signed or subcontracted, in received payment or other consideration for this
whole or in part, by Contractor except upon tho prioi• Agreement; (2) as of the date of this AgreemQnt, neither
written conaent of the ViUage.Contractor no• any person employed or associated with
Gontractor h s any interest that woulci conflict in any
1. Cioverning Law: Venye, 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 conAicts of lawa rulea, of Coiitractor nor any person employed by or associated
the State of Illinois. Venue for any action arising out of with Contractor shail at any time during the term of this
or due to this Contract shall be in the Circuit Court for Agreement obtain or ncquire any interest that would
T uPage County, Tllinois. contlict in any manner or degree with the performance of
the abligations under this Agreement.
J. Certifiecl PAvro(ls. Contractor shall, in
accordan e with Section 5 of the Illinois Prevailing Vage L. xhit its and Q t ier_Agreements. If any conflict existy
Act, 820 ILCS 130/5, submit to the Villaga, on a monthly between this Agreement aiid any exhibit Attached hereto
basis, a certified payroll, if applicabte. The certified or any other Agreement between the parties relating to
payroll shall consi5t of a complete copy of those records this transaction, the terms of this Agi eement ahall
required to be made and kept by the ['revailing bV ge p1•evail.
lct. The certi6ed payroll shxJl be accompaniecl by a
statement signed by the ContrActor oi• subcontrnctoi• I. No Disclosure of Confidential Information t?y the
which ccrtifies that: (1) such records are trtie and
onsult The Consultant acknowledges that it
accurate; (2) the hourly rate paid is not leas, if hall, in performing the Services for the Viltage under
applicflble, than the general prevailing rate af houely this Agreement, have access, or be directly orwagese•equired by the Prevailing Wage Act; anct (3)
Contractor or subcontractor is aware thal fiting fi ndirectly expo:,ed, to Confidential Information. The
certiGed p+yroll that he or she knows to be false is a
Consultt nt shall hold cunfidentiai Il Confidential
Cless f3 miyderne nor. A general contractor may rely
lnformation and shall not disclose or use such
upon thc certificntion of a lower tier aubcontraetor, Confidential Information without the expreas prior
pirovided that the general contractor does not knowingly Written consent of the Village. The Consultant eha(1
i•ely upon a subcontractor's falae certification. Upon two use ret sonable measures at lea t as st icL as those the
I ll91TlE?99 a lY9' notice. Contractor nd each subcontraetor Consultant uses to protect ita own eon denti!
eh ll make available for inspection ht recordy required inform ation. Such me zaures sh ll include, «ithout
o be made and kept by the Act: (i) to the Village, its fimitati n, requiring employeea and subcontractors of
off'icers and agents, and to the Director of the [llinoie the Conaultant to execute a non•disclosure agreement
Depurtment of Labor and his or her deputiea and agents; before obtaining accQss to Confidential [nformation.
And (ii) et all reasonable honre at a location vithin thia
State.
IN WITNESS WHEREOF the pae•ties hereto VILLAGE OF OAK BROOK, an Illinois
have c used Chia Agreemen to be executed, municipal corporation
effective on C O!' 2018.
A'PTEST:
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Vitlage Clerk Village Managet
A'I'TF.ST: HO R REE RE,INC.
By:
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EXHIBIT A
PROPOSAL DATED JANUARY 17, 2018)
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14000 S.ARCHER AVENUE, LOCKPORT, IL 60441 4+,i:: :
PHONE: 815-838-0320 FAX:815-838-0375 www.homertree.com c cir E ;r,.r€c;
PROPOSAL
Date: 1/17/2018 Job Name: 144427
Village of Oak Brook Work Site: 800 Oak Brook Road
Lee Hammer Oak Brook, IL 60523
1200 Oak Brook Rd
Oak Brook, IL 60523 Proposed By: Richard Reposh
Email: Ihammer oak-brook.org Phone: 630-368-5278
Item Description Qty Cost
0 Various trees Tree Removal w/stump grinding 0 $49,640.00
Bid proposal for tree work to be completed at 800 Oak Brook Rd:
Remove invasive brush, dead trees and ground debris located on
either side of existing entrance road to the above mentioned site.
Clearing of areas shall be 40 feet from existing edge of asphalt into
woods with all specimen trees of size to remain
This work to include tree and brush removal on north side of access
road to main building/pool
34,300.00
Remove additional invasive brush and dead trees as indicated in blue
per GIS page provided. Trees and brush will be cut near ground level,
with accessible trees stumps over 4"diameter to be ground out and
smaller stumps to be treated to help prevent regrowth. All nicer
specimen trees in clearing areas shall be preserved
All wood chips and logs shall be removed from site
Access to work will be from roadway that leads to existing chips/dirt
stockpile area
10,000.00
Apply Garlon 4 with dye to all smaller diameter stumps as an initial
treatment
5,340.00
Customer Signature Date
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.
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14000 S.ARCHER AVENUE, LOCKPORT, IL 60441 w , .j t"i 4
PHONE: 815-838-0320 FAX:815-838-0375 www.homertree.com
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PROPOSAL
Item Description Qty Cost
Above mentioned work will be completed using a combination of
mechanical and hand held equipment
All wood chips and logs shall be removed from site
All stumps over 4"diameter shall be removed to approximately 8-10"
depth
1/17/18 revised pen/mb
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Customer Signature , Date
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.
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Working Terms and Contract Conditions
Customer Satisfaction
All quality tree work will be performed in a professional manner. Please notify us of any discrepancies to ensure that you will be completely satisfied upon
completion of your tree work. As our work involves living things,no guarantee is expressed or implied in this contract. Our staff of certified arborists,along with
our membership in the International Society of Arboriculture,keeps us abreast of the latest techniques in tree care. Satisfied customers are our foremost goal!
Schedulina
Dependent on weather conditions and workloads. Unless previously arranged with our office,our crew will present itself unannounced to do the scheduled work.
If,after acceptance of this proposal,you decide not to have your tree work performed,you must cancel through our office to avoid a crew show-up fee.
TrimminA
Pruning branches to enhance each species'natural growth form,including thinning,removal of dangerous limbs,removal of deadwood and removal of limbs for
clearances. Removal and clean-up of all tree related debris. National Arborist Pruning Standards will be followed.
Wound Dressinas
Current research has proven no beneficial effect from tree paint and in some cases is actually detrimental to a tree. Our prices do not include painting of tree
wounds.
Tree Removal
Complete removal of tree to within 6"of ground level and clean-up of all tree related debris(unless otherwise stated). Minor lawn damage may occur.
Firewood
Normally cut into 18"lengths. The wood is not split. Elm wood will not be left on site as it is possible to spread the Dutch Elm disease and in some cases is
against local ordinances.
Stump Removal
Mechanical grinding of the visible tree stump to below ground level. We are not responsible for any underground property unless located and noted by the
owner. Stump hole will be back-filled with stump chips and excess chips left on site. These chips are an excellent landscape mulch. Chip clean-up will normally
double the cost of the quoted stump remova price. A separate crew may arrive after the tree removal crew to perform stump removal.
Clean.Up
Logs,brush,leaves and twigs will be completely removed. Logs may be removed by a separate crew.
Equiument Access
The prices quoted assume access of our truck-mounted equipment wherever needed to perform your tree work. Homer Tree Care, Inc.cannot be held
responsible for any driveway and/or sidewalk damage while gaining access to tree work. If this is unacceptable,we know prior to pricing and scheduling.
Ownershia of Trees
Customer guarantees that the tree(s)quoted are either his own or that he has received written permission to perform work on trees which are not his own. A
copy of permission must be forwarded to our o ce prior to scheduling.
Insurance
Our workers are covered by worker's compensation. Homer Tree Care, Inc, is insured for personal injury and property damage liability.Proof of insurance
furnished upon request.
Billina
Payable upon job completion.A 2%finance charge per month assessed on overdue accounts. Should it become necessary to effect collection,you agree to
pay all costs of collection including reasonable attorney fees and/or percentages on contingency based attorney fees.
Disclaimer
This proposal outlines only visual inspection of accessible components for the purpose of evaluation of health and shall not be considered tree risk evaluation.
Risk evaluations involve more extensive inspection and are conducted as a separate work item at an additional charge.
Plant Health Care
lant health care treatment programs are based on arborist evaluations and current research techniques and available products. We feel the prescribed
treatments will be helpful in a program to restore tree health and longevity of the plant;however,more care may be required in the future and no guarantee is
Qxpressed or implied in this contract.
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EXHIBIT B
INS URANCE REQ UIREMENTS)
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 certif"icates 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, off'icials, 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, off"icials, employees, volunteers,or agents.
2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers,
off'icials, 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, off"icials, 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, off"icials, 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 certif"ied 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 certif'icates 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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