Invasive Buckthorn Ash and Dead Tree RemovalVILLAGE 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
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
specified and described, and upon the terms and
conditions set forth, in this Contract, all of the following,
all of which is herein referred to as the "Work":
1. Labor Eauioment Materials and Supplies.
Provide, perform, and complete, in the
manner specified and described in this
Contract, all necessary work, labor, services,
transportation, equipment, materials,
supplies, information, data, and other means
and items necessary for the Removal of
Invasive Buckthorn, Ash and Dead Trees, as
specified in Exhibit A, attached hereto, at
the Oak Brook Sports Core Property, Oak
Brook, Illinois 60523 ("Work Site");
2. Permits. The Village will furnish all
permits, licenses, and other governmental
approvals and authorizations necessary in
connection therewith;
3. Insurance. Procure and furnish insurance
certificates specified in this Contract;
4. Taxes. Pay all applicable federal, state, and
local taxes;
5. Miscellaneous. Do all other things required
of Contractor by this Contract; and
6. Quality. Provide, perform, and complete all
of the foregoing in a proper and workmanlike
manner, consistent with the standards of
recognized professional firms in performing
Work of a similar nature, in full compliance
with, and as required by or pursuant, to this
Contract, and with the greatest economy,
efficiency, and expedition consistent
therewith, with only new, undamaged, and
first quality equipment, materials, and
supplies.
B. Performance Standards. Contractor
acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
the Proposal dated January 17, 2018, attached hereto as
Exhibit A.
C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
responsible and liable for, and shall promptly and
without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
a result of the Work.
D. Inspection/Testing/Rejection. Village shall have
the right to inspect all or any part of the Work and to
reject all or any part of the Work that is, in Village's
judgment, defective or damaged or that in any way fails
to conform strictly to the requirements of this Contract
and the Village, without limiting its other rights or
remedies, may require correction or replacement at
Contractor's cost, perform or have performed all Work
necessary to complete or correct all or any part of the
Work that is defective, damaged, or nonconforming and
charge Contractor with any excess cost incurred thereby,
or cancel all or any part of any order or this Contract.
Work so rejected may be returned or held at Contractor's
expense and risk.
2. Contract Price
Contractor acknowledges and agrees that Contractor
shall take in full payment for all Work and other matters
set forth under Section 1 above, including overhead and
profit; taxes, contributions, and premiums; and
compensation to all subcontractors and suppliers, the
compensation set forth below.
A. SCHEDULE OF PRICES
For providing, performing, and completing all
Work, the total Contract Price of $49,640.00
TOTAL CONTRACT PRICE (in writing):
Forty -Nine Thousand Six Hundred and Forty
Dollars
B. BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
1. All prices stated in the Schedule of Prices
are firm and shall not be subject to
escalation or change;
2. The Village is not subject to state or local
sales, use, and excise taxes, that no such
taxes are included in the Schedule of Prices,
and that all claim or right to claim any
additional compensation by reason of the
payment of any such tax is hereby waived
and released;
3. All other applicable federal, state, and local
taxes of every kind and nature applicable to
the Work are included in the Schedule of
Prices.
C. TIME OF PAYMENT
It is expressly understood and agreed that all
payments shall be made upon completion of the
work and final approval by the Village.
All payments may be subject to deduction or
setoff by reason of any failure of Contractor to
perform under this Contract. Each payment
shall include Contractor's certification of the
value of, and partial or final waivers of lien
covering, all Work for which payment is then
requested and Contractor's certification that all
prior payments have been properly applied to
the payment or reimbursement of the costs with
respect to which they were paid.
3. Contract Time
Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days (weather
permitting) following the Village's acceptance of this
Contract provided Contractor shall have furnished to the
Village all bonds and all insurance certificates specified
in this Contract ("Commencement Date"). Contractor
further acknowledges and agrees that Contractor shall
perform the Work diligently and continuously and shall
complete the Work not later than February 28, 2018
("Time of Performance"). The Village may modify the
Time of Performance at any time upon 15 days prior
written notice to the Contractor. Delays caused by the
Village shall extend the Time of Performance; provided,
however, that Contractor shall be responsible for
completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by
employees of either Contractor or of the Village.
4. Financial Assurance
A. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
evidencing the minimum insurance coverages and limits
set forth in Exhibit B within 10 days following the
Village's acceptance of this Contract. Such policies shall
be in form, and from companies, acceptable to the
Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
limits and shall not be construed in any way as a
limitation on Contractor's duty to carry adequate
insurance or on Contractor's liability for losses or
damages under this Contract. The minimum insurance
coverages and limits that shall be maintained at all
times while providing, performing, or completing the
Work are as set forth in Exhibit B.
B. Indemnification. Contractor acknowledges and
agrees that Contractor shall indemnify and save
harmless the Village its officers, officials, employees and
volunteers, against all damages, liability, claims, losses,
and expenses (including attorneys' fee) that may arise, or
be alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the
Work or any part thereof, or any failure to meet the
representations and warranties set forth in Section 6 of
this Contract.
D. Penalties. Contractor acknowledges and agrees
that Contractor shall be solely liable for any fines or civil
penalties that are imposed by any governmental or
quasi -governmental agency or body that may arise, or be
alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the
Work or any part thereof.
5. Firm Proposal
All prices and other terms stated in this Contract are
firm and shall not be subject to withdrawal, escalation,
or change.
6. Contractor's Representations and Warranties
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows:
A. The Work. The Work, and all of its components,
shall strictly conform to the requirements of this
Contract, including, without limitation, the performance
standards set forth in Subsection 1B of this Contract;
and shall be fit, sufficient, and suitable for the purposes
expressed in, or reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition
to any other warranties expressed or implied by law,
which are hereby reserved unto the Village.
B. Compliance with Laws. The Work, and all of its
components, shall be provided, performed, and completed
in compliance with, and Contractor agrees to be bound
by, all applicable federal, state, and local laws, orders,
rules, and regulations, as they may be modified or
amended from time to time, including without limitation,
if applicable, the Prevailing Wage Act, 820 ILCS
130/0.01 et sea.; any other prevailing wage laws; any
statutes requiring preference to laborers of specified
classes; any statutes prohibiting discrimination because
of, or requiring affirmative action based on, race, creed,
color, national origin, age, sex, or other prohibited
classification; and any statutes regarding safety or the
performance of the Work. Further, Contractor shall
have a written sexual harassment policy in compliance
with Section 2-105 of the Illinois Human Rights Act
during the course of the work.
C. Not Barred. Contractor is not barred by law
from contracting with the Village or with any other unit
of state or local government as a result of (i) a
delinquency in the payment of any tax administered by
the Illinois Department of Revenue unless Contractor is
contesting, in accordance with the procedures
established by the appropriate Revenue Act, its liability
for the tax or the amount of tax, as set forth in 65 ILCS
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
Section 33E-4 of Article 33 of the Criminal Code of 1961,
720 ILCS 5/33E-1 et seg.
D. Qualified. Contractor has the requisite
experience, ability, capital, facilities, plant, organization,
and staff to enable Contractor to perform the Work
successfully and promptly and to commence and
complete the Work within the Contract Price and
Contract Time set forth above.
7. Acknowledgements
In submitting this Contract, Contractor
acknowledges and agrees that:
A. Reliance. The Village is relying on all
warranties, representations, and statements made by
Contractor in this Contract.
B. Acceptance. If this Contract is accepted,
Contractor shall be bound by each and every term,
condition, or provision contained in this Contract.
C. Remedies. Each of the rights and remedies
reserved to the Village in this Contract shall be
cumulative and additional to any other or further
remedies provided in law or equity or in this Contract.
D. Time. Time is of the essence in the performance
of all terms and provisions of this Contract and, except
where stated otherwise references in this Contract to
days shall be construed to refer to calendar days and
time.
E. No Waiver. No examination, inspection,
investigation, test, measurement, review, determination,
decision, certificate, or approval by the Village, whether
before or after the Village's acceptance of this Contract;
nor any information or data supplied by the Village,
whether before or after the Village's acceptance of this
Contract; nor any order by the Village for the payment of
money; nor any payment for, or use, possession, or
acceptance of, the whole or any part of the Work by the
Village; nor any extension of time granted by the Village;
nor any delay by the Village in exercising any right
under this Contract; nor any other act or omission of the
Village shall constitute or be deemed to be an acceptance
of any defective, damaged, or nonconforming Work, nor
operate to waive or otherwise diminish the effect of any
representation or warranty made by Contractor; or of
any requirement or provision of this Contract; or of any
remedy, power, or right of the Village.
F. Severability. It is hereby expressed to be the
intent of the parties to this Contract that should any
provision, covenant, agreement, or portion of this
Contract or its application to any Person or property be
held invalid by a court of competent jurisdiction, the
remaining provisions of this Contract and the validity,
enforceability, and application to any Person or property
shall not be impaired thereby, but the remaining
provisions shall be interpreted, applied, and enforced so
as to achieve, as near as may be, the purpose and intent
of this Contract to the greatest extent permitted by
applicable law.
G. Amendments and Modifications. No amendment
or modification to this Contract shall be effective until it
is reduced to writing and approved and executed by the
corporate authorities of the parties in accordance with all
applicable statutory procedures.
H. Asejiptxtent. Neither this Contract, nor any
interest herein, shall be assigned or subcontracted, in
whole or in part, by Contractor except upon the prior
written consent of the Village.
1. Governing Law, Ve.nyg. This Contract shall be
governed by, construed and enforced in accordance with
the 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 Contract shall be in the Circuit Court for
DuPage County, Illinois.
J. Certified Payrolls. Contractor shall, in
accordance with Section 5 of the Illinois Prevailing Wage
Act, 8.20 ILCS 130/5, submit to the Village, on a monthly
basis. a certified payroll, if applicable. The certified
payroll shall consist of a complete copy of those records
required to be made and kept by the Prevailing Wage
Act. The certified payroll shall be accompanied by a
statement signed by the Contractor or subcontractor
which certifies that: (1) such records are true and
accurate; (2) the hourly rate paid is not lees, if
applicable, than the general prevailing rate of hourly
wages required by the Prevailing Wage Act; and (3)
Contractor or subcontractor is aware that filing a
certified payroll that he or she knows to be false is a
Claes B misdemeanor. A general contractor may rely
upon the certification of a lower tier subcontractor,
provided that the general contractor does not knowingly
rely upon a subcontractor's false certification. Upon two
business days' notice. Contractor and each subcontractor
shall make available for inspection the records required
to be made and kept by the Act: (i) to the Village, its
officers and agents, and to the Director of the Illinois
Department of Labor and his or her deputies and agents:
and (ii) at all reasonable hours at a location within this
State.
IN WITNESS WHEREOF the parties hereto
have caused-�h's Agreement to be executed,
effective on -10 _ u ► `n�, 2018.
ATTEe
By:
VillageClerk-
ATTEST:
By:
K. Conflict_ s of Interest. Contractor represents and
certifies that, to the best of its knowledge, (1) no elected
or appointed Village official, employee or agent has a
Personal financial interest in the business of the
Contractor or in this Agreement, or has personally
received payment or other consideration for this
Agreement; (2) as of the date of this Agreement, neither
Contractor nor any person employed or associated with
Contractor has any interest that would conflict in any
manner or degree with the performance of the
obligations under this Agreement; and (3) neither
Contractor nor any person employed by or associated
with Contractor shall at any time during the term of this
Agreement obtain or acquire any interest that would
conflict in any manner or degree with the performance of
the obligations under this Agreement.
L. E.41ribits and Qtjtor"Agreements. If any conflict exists
between this Agreement and any exhibit attached hereto
or any other Agreement between the parties relating to
this transaction. the terms of this Agreement shall
prevail.
M. No Disclosure of Confid ntial Informa "on by the
(jonaultant. The Consultant acknowledges that it
shall, in performing the Services for the Village under
this Agreement, have access, or be directly or
indirectly exposed, to Confidential Information. The
Consultant shall hold confidential all Confidential
Information and shall not disclose or use such
Confidential Information without the express prior
written consent of the Village, The Consultant shall
use reasonable measures at least as strict as those the
Consultant uses to protect its own confidential
information. Such measures shall include, without
limitation, requiring employees and subcontractors of
the Consultant to execute a non disclosure agreement
before obtaining access to Confidential Information.
VILLAGE OF OAK BROOK, an Illinois
municipal corporation
4VI)agneManager 0
EXHIBIT A
(PROPOSAL DATED JANUARY 17, 2018)
n
14000 S. ARCHER AVENUE, LOCKPORT, IL 60441
PHONE: 815-838-0320 FAX: 815-838-0375 www.homertree.com
PROPOSAL
Date: 1/17/2018
Village of Oak Brook
Lee Hammer
1200 Oak Brook Rd
Oak Brook, IL 60523
Email: (hammer@oak-brook.org
# Item
Description
/1 ^GCRE017ED�
CONFIDENCE
Job Name: 144427
Work Site: 800 Oak Brook Road
Oak Brook, IL 60523
Proposed By: Richard Reposh
Phone: 630-368-5278
Various trees Tree Removal w/ stump grinding
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
We Accept
vi V�
tMsl wart
Qty Cost
$49,640.00
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.
14000 S. ARCHER AVENUE, LOCKPORT, IL 60441
PHONE: 815-838-0320 FAX: 815-838-0375 www.homertree.com
PROPOSAL
# Item
Description
-0
/1 ACCREDITED}
+4
CONFIDENCE
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
WSomerMignature D�
We Accept
MIF
Qty Cost
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.
A �
~ ® I
Professional. Knowledgeable. Caring.
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!
Scheduling
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 debits. National Arborist Pruning Standards will be followed.
Wound Dressings
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 removal 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.
Eguipment 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.
Ownership 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 office 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.
Billing
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
Plant 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 rare may be required in the future and no guarantee is
expressed or implied in this contract.
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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.
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.