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R-1771 - 01/08/2019 - TREE - Resolutions Exhibits R- III I VILLAGE OF OAK BROOK i CONTRACT FOR THE REMOVAL OF INVASIVE BUCKTHORNMONEYSUCKLE AND DEAD TREES AT THE SPORTS CORE PROPERTY Full Name of Contractor:Homer Tree Care, Inc. ("Contractor'') Principal Office Address: 14000 S.Archer Avenue, Lockport, Illinois 60441 Contact Person: Richard Reposh Telephone Number:815-838-0375 TO: Village of Oak Brook("Village") 1200 Oak Brook Road Oak Brook, Illinois Attention: Doug Patchin, Public Works Director Contractor warrants and represents that Contractor has carefully examined the Work Site described below and has reviewed and understood all documents included, referred to,or mentioned in this bound set of documents. 1. Work A. Contract and Work. Contractor acknowledges, and agrees, that Contractor shall, at its sole cost and expense, provide, perform, and complete, in the manner 5. Miscellaneous. Do all other things required specified and described, and upon the terms and of Contractor by this Contract;and conditions set forth, in this Contract, all of the following, all of which is herein referred to as the"Work": 6. Qualit . Provide, perform, and complete all of the foregoing in a proper and workmanlike 1. Labor, Eauinment. Materials. and Supplies. manner, consistent with the standards of Provide, perform, and complete, in the recognized professional firms in performing manner specified and described in this Work of a similar nature, in full compliance Contract, all necessary work, labor, services, with, and as required by or pursuant, to this transportation, equipment, materials, Contract, and with the greatest economy, supplies, information, data, and other means efficiency, and expedition consistent and items necessary for the Removal of therewith, with only new, undamaged, and Invasive Buckthorn/Honeysuckle and Dead first quality equipment, materials, and Trees, as specified in Exhibit A, attached supplies. hereto, at the Oak Brook Sports Core Property, Oak Brook, Illinois 60523 ("Work B. Performance Standards. Contractor Site"); acknowledges and agrees that all Work shall be fully provided, performed, and completed in accordance with 2. Permits. The Village will furnish all the Proposals dated December 7, 2018 and December 20, permits, licenses, and other governmental 2018, attached hereto as Exhibit A. approvals and authorizations necessary in connection therewith; C. Responsibility for Damage or Loss. Contractor proposes, and agrees, that Contractor shall be 3. Insurance. Procure and furnish insurance responsible and liable for, and shall promptly and certificates specified in this Contract; without charge to Village repair or replace, any damage done to, and any loss or injury suffered by, the Village, 4. Taxes. Pay all applicable federal, state, and the Work, the Work Site, or other property or persons as local taxes; a result of the Work. 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 88, 8019 compensation set forth below. ("Time of Performance"). The Village may modify the Time of Performance at any time upon 16 days prior A. SCHEDULE OF PRICES written notice to the Contractor. Delays caused by the Village shall extend the Time of Performance; provided, For providing, performing, and completing all however, that Contractor shall be responsible for Work, the total Contract Price of$62,600.00 completion of all Work within the Time of Performance, notwithstanding any strike or other work stoppage by TOTAL CONTRACT PRICE(in writing): employees of either Contractor or of the Village. Sixty-Two Thousand Six Hundred Dollars 4. Financial Assurance B. BASIS FOR DETERMINING PRICES A. Insurance. Contractor acknowledges and agrees that Contractor shall provide certificates of insurance It is expressly understood and agreed that: evidencing the minimum insurance coverages and limits set forth in Exhibit B within 10 days following the 1. All prices stated in the Schedule of Prices Village's acceptance of this Contract. Such policies shall are firm and shall not be subject to be in form, and from companies, acceptable to the escalation or change; Village. The insurance coverages and limits set forth Exhibit B shall be deemed to be minimum coverages and 2. The Village is not subject to state or local limits and shall not be construed in any way as a sales, use, and excise taxes, that no such limitation on Contractor's duty to carry adequate taxes are included in the Schedule of Prices, insurance or on Contractor's liability for losses or and that all claim or right to claim any damages under this Contract. The minimum insurance additional compensation by reason of the coverages and limits that shall be maintained at all payment of any such tax is hereby waived times while providing, performing, or completing the and released; Work are as set forth in Exhibit B. 3. All other applicable federal, state, and local taxes of every kind and nature applicable to B. Indemnification. Contractor acknowledges and the Work are included in the Schedule of agrees that Contractor shall indemnify and save Prices. harmless the Village its officers, officials, employees and volunteers, against all damages, liability, claims, losses, C. TIME OF PAYMENT and expenses(including attorneys'fee)that may arise,or be alleged to have arisen, out of or in connection with It is expressly understood and agreed that all Contractor's performance of, or failure to perform, the payments shall be made upon completion of the Work or any part thereof, or any failure to meet the work and final approval by the Village. representations and warranties set forth in Section 6 of this Contract. 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 5. Firm Proposal acknowledges and agrees that: A. Reliance. The Village is relying on all All prices and other terms stated in this Contract are warranties, representations, and statements made by firm and shall not be subject to withdrawal, escalation, Contractor in this Contract. or change. B. Acceptance. If this Contract is accepted, 6. Contractor's Representations and Warranties Contractor shall be bound by each and every term, In order to induce the Village to accept this Contract, condition, or provision contained in this Contract. Contractor hereby represents and warrants as follows: C. Remedies. Each of the rights and remedies reserved to the Village in this Contract shall be A. The Work. The Work, and all of its components, cumulative and additional to any other or further shall strictly conform to the requirements of this remedies provided in law or equity or in this Contract. Contract, including, without limitation, the performance standards set forth in Subsection 1B of this Contract; D. Time. Time is of the essence in the performance and shall be fit, sufficient, and suitable for the purposes of all terms and provisions of this Contract and, except expressed in, or reasonably inferred from, this Contract where stated otherwise references in this Contract to and the warranties expressed herein shall be in addition days shall be construed to refer to calendar days and to any other warranties expressed or implied by law, time. which are hereby reserved unto the Village. E. No Waiver. No examination, inspection, B. Compliance with Laws. The Work, and all of its investigation, test, measurement, review, determination, components,shall be provided,performed, and completed decision, certificate, or approval by the Village, whether in compliance with, and Contractor agrees to be bound before or after the Village's acceptance of this Contract; by, all applicable federal, state, and local laws, orders, nor any information or data supplied by the Village, rules, and regulations, as they may be modified or whether before or after the Village's acceptance of this amended from time to time, including without limitation, Contract;nor any order by the Village for the payment of if applicable, the Prevailing Wage Act, 820 ILCS money; nor any payment for, or use, possession, or 130/0.01 et seg.; any other prevailing wage laws; any acceptance of, the whole or any part of the Work by the statutes requiring preference to laborers of specified Village;nor any extension of time granted by the Village; classes; any statutes prohibiting discrimination because nor any delay by the Village in exercising any right of, or requiring affirmative action based on, race, creed, under this Contract; nor any other act or omission of the color, national origin, age, sex, or other prohibited Village shall constitute or be deemed to be an acceptance classification; and any statutes regarding safety or the of any defective, damaged, or nonconforming Work, nor performance of the Work. Further, Contractor shall operate to waive or otherwise diminish the effect of any have a written sexual harassment policy in compliance representation or warranty made by Contractor; or of with Section 2-105 of the Illinois Human Rights Act any requirement or provision of this Contract; or of any during the course of the work. remedy,power, or right of the Village. C. Not Barred. Contractor is not barred by law F. Severability. It is hereby expressed to be the from contracting with the Village or with any other unit intent of the parties to this Contract that should any of state or local government as a result of (i) a provision, covenant, agreement, or portion of this delinquency in the payment of any tax administered by Contract or its application to any Person or property be the Illinois Department of Revenue unless Contractor is held invalid by a court of competent jurisdiction, the contesting, in accordance with the procedures remaining provisions of this Contract and the validity, established by the appropriate Revenue Act, its liability enforceability, and application to any Person or property for the tax or the amount of tax, as set forth in 65 ILCS shall not be impaired thereby, but the remaining 5/11.42.1-1; or (ii) a violation of either Section 33E-3 or provisions shall be interpreted, applied, and enforced so Section 33E-4 of Article 33 of the Criminal Code of 1961, as to achieve, as near as may be, the purpose and intent 720 ILCS 5/33E-1 et seq. of this Contract to the greatest extent permitted by applicable law. D. Qualified. Contractor has the requisite experience, ability, capital, facilities, plant, organization, G. Amendments and Modifications. No amendment and staff to enable Contractor to perform the Work or modification to this Contract shall be effective until it 3 is reduced to writing and approved and executed by the K. Con1Las of Interes , Contractor represents and corporate authorities of the parties in accordance with all certifies that, to the beat of its knowledge, (1) no elected applicable statutory procedures. or appointed Village official, employee or agent has a personal financial interest in the business of the H. Asaignment. Neither this Contract, nor any Contractor or in this Agreement, or has personally interest herein, shall be assigned or subcontracted, in received payment or other consideration for this whole or in part, by Contractor except upon the prior Agreement; (2)as of the date of this Agreement, neither written consent of the Village. Contractor nor any person employed or associated with Contractor has any interest that would conflict in any I. Governing Laws Venue. This Contract shall be manner or degree with the performance of the governed by, construed and enforced in accordance with obligations under this Agreement; and (3) neither the internal laws, but not the conflicts of laws rules, of Contractor nor any person employed by or associated the State of Illinois. Venue for any action arising out of with Contractor shall at any time during the term of this or due to this Contract shall be in the Circuit Court for Agreement obtain or acquire any interest that would DuPage County, Illinois. conflict in any manner or degree with the performance of J. Certified Pavrolla. Contractor shall, in the obligations under this Agreement. accordance with Section 3 of the Illinois Prevailing Wage L. Exhibits and Other Affreementa, If any conflict exists Act, 820 ILCS 13015, submit to the Village,on a monthly between this Agreement and any exhibit attached hereto basis, a certified payroll, if applicable. The certified or any other Agreement between the parties relating to payroll shall consist of a complete copy of those records this transaction, the terms of this Agreement shall required to be made and kept by the Prevailing Wage prevail. Act. The certified payroll shall be accompanied by a statement signed by the Contractor or subcontractor M. No Disclosure of Confidential Information by the which certifies that: (1) such records are true and Consultant. The Consultant acknowledges that it accurate; (`L) the hourly rate paid is not. lees, if shall, in performing the Services for the Village under applicable, than the general prevailing rate of hourly this Agreement, have access, or be dil or wages required by the Prevailing Wage Act; and (3) recty Contractor or subcontractor is aware that filing a indirectly exposed, to Confidential Information. The certified payroll that he or she knows to be false is a Consultant shall hold confidential all Confidential Class B misdemeanor. A general contractor may rely Information and shall not disclose or use such upon the certification of a lower tier subcontractor, Confidential Information without the express prior provided that the general contractor does not knowingly written consent of the Village. The Consultant shall rely upon a subcontractor's false certification. Upon two use reasonable measures at least as strict as those the business days'notice, Contractor and each subcontractor Consultant uses to protect its own confidential shall make available for inspection the records required information. Such measures shall include, without to be made and kept by the Act: (i) to the Village, its limitation, requiring employees and subcontractors of officers and agents, and to the Director of the Illinois the Consultant to execute a nondisclosure agreement Department of Labor and his or her deputies and agents; before obtaining access to Confidential Information. and (ii) at all reasonable hours at a location within this State. IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois have caused this Agreement to be. executed, municipal corporation effective on7:Yon , 2019. ATTEST: 1 By: By: 2--9- Village Clerk Village Manager ATTEST: HOMER TREE CARE,INC. hh By. 3"VA __ _ —__ Its: C �� C� er f4y 0�- r_Cr- a EXHIBIT A (PROPOSALS DATED 1217118 and 18/80118) 5 Vft Accept VISA: iA-V -•II 14000 S.ARCHER AVENUE,LOCKPORT.IL 60441 '. PHONE:8154838-0320 FAX:815-8384375 www.homertree.00m 'f PROPOSAL Date: 12171201 l Job Name: 151132 Village of Oak Brook Work Site: 1200 Oak Brook Rd Lee Hammer Oak Brook,IL 80523 1200 Oak Brook Rd Oak Brook,IL 60823 Proposed By: Richard Reposh Email: (hammer@oak-brook.org Phone: 630-368.5278 # Item Description Oty Cost 0 Various Tree Work �_—--�— .��_ — 0 -• S34,600.00 Please find enclosed our bid proposal for tree work to be completed at the Oakbrook Recreation Facility as per on site meet December 41h, 2018. Invasive Brush Removal - Remove Buckthorn/Honeysuckle and dead trees In 3 areas West of existing golf course, to Include dead fall currently on ground within the 3 areas mentioned -Accessible tree stumps larger than 4"diameter will be ground out -Tree stumps smaller than 4"diameter will be treated with Garlon#4 mixed with dye to help prevent regrowth -All vegetation material(less stump removal grindings)will be removed from site 3 costs are enclosed: Site#1 • $19,600.00 Site#2- $13,000.00 Site 93-$2,000.00 Thank you for the opportunity to bid on this project with you. If you have any Questions,please don't hesitate to contact us. Respectfully submitted, Richard Reposh Certified Arborist, IL-0567 Customer Signature —_.._ - D!W: Your signature is required prior to the start of any work and indicates acceptance of the terms&conditions on the reverse side of this document. All normal work operations to be performed according to ANSI A-300 standards. NOTE:ALL WORK TO BE PAID UPON COMPLETION. .1 a r_ We Accept v i � r'r 1,brCRC�sYCtE� j VSA 14000 S.ARCHER AVENUE,LOCKPORT,IL 804416t PHONE:815-838-0320 FAX:815-838-0375 www.homerhm.com C-Wrc c PROPOSAL Date: 12/20/2018 Job Name: 151250 Village of Oak Brook Wort Site: 1200 Oak Brook Rd Lee Hammer Oak Brook,IL 60523 1200 Oak Brook Rd Oak Brook,IL 60523 Proposed By: Richard Reposh Email: Ihammer@oak-brook.or+g Phone: 630-368-6278 # Item Description oty Cost 0 Tree Removal w/stump grinding 0 $28,000.00 Please find enclosed our bid proposal for tree work to be completed at the above referenced location, as per our on site meet December 18th,2018. Remove various trees and brush in area to be delineated for new salt storage facility, per plan provided • Remove all tree related debris from site(logs and wood chips) -Grind all accessible tree stumps over 6"diameter to suitable depth to assist In excavation process 'Clearing area to be staked out prior to crew arrival `Existing golf course maintenance materials shall be removed by others to allow for work completion Thank you for the opportunity to bid on this project with you. If you have any questions,please don't hesitate to contact us. Respectfully submitted, Richard Reposh Certified Arborist, IL-0567 C mer Signature Date Your signature is required prior to the start of any work and indicates acceptance of the terms 8 conditions on the reverse side of this document. All normal work operations to be performed according to ANSI A-300 standards. NOTE:ALL WORK TO BE PAID UPON COMPLETION. OCs —*� am„ Homer Tree Proposal 149393 8131132 ORs ! R . e � c • 3 mir rc",- 1467.- �sey�ku��.n�sat�a tett tw'k42::a..ua���.S:,3PT~:er:c.:ft!=2.���}ast_Texas..Cs�cisux:cc:dFJakaaks,`.s.;:e�g:a�:an•r.:.�� :i.;_.,�i� Pi.::ti•�.T„it.u,�f t tx gam:ic�t:�er.c'��..xt:�:ha�itra�a*.:irS�ti,^it:t:it•;a.to tt�i:c:{y a::a�:e:s.^:t:tt•c:v::�:�_:.;c 3:�:::ic,:e;�fac;h:�-�� TU=4.«k:�:t:y}{CSte:k(7{: n h:#?1 :{M SSTs»:1kYklfA?fG l ±Ki.^.fSfei .iF.a¢:,redLr::r^, r, tt.x.; : t: k:rEi tgt�tc 1 ls'N MHomer Tree Peopo"I 5151250 �eo"Wtown. apoffce- n • <. My �'F' N� v a.m, J � _ ♦ •;„� • a Ow Y, K ! :.. ao g ' � y. ab o- 4� :s” �-a,u:. zF!::.--.r- ':t� ,......._z:sx_:.�:a:icrorals:bs+aedae:�•:s.�nr�ooa+i�lm:a:.ropiiz•Mri:+�c Dit_1+i�:7Li+uoiyfersrsn:v3rsui:c9aepowsxfi.A.IL"at�C�Mlfxas:tm�itUefieta�MM��ntlC�ca�r�+e+-er,.�•7aatrx:R^MscnonlEiraep•rcm:�<�re8�akx�ln.•r_�7*aa`osr..c�_cca:stieac:*.n!¢xt±sr._.�:er��nc��:�!i rat r±mv.�;r��r_oer_s l:slpr.A Re±".t+rtSLz'.°�reao-ti�irot�D^.:.rfu!M5 ro2!tx^.a�oa:+:4s+tv+da:!!ar_4n+s a'0:�•svurP EXHIBIT B (INSURANCE REQUIREMENTS) Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not commence work until it provides and receives acceptance of insurance certificates from the Village as required by this exhibit. Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit, either by the contractor,permittee,or their agents,representatives,employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability-Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain,or be endorsed to contain,the following provisions: D. General Liability and Automobile Liability Coverage- (1)The Village,its officers,officials,employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured;premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village,its officers,officials,employees,volunteers,or agents. (2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. (3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village,its officers,officials,employees,volunteers or agents. (4)The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 6 E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided,canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete,certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 7