===== PDF PAGE 37 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEMNUMBER: _7-O- _| Tall Grass Contract for Code Enforcement FILE NUMBER: Reseiitiqnino..24°R 0045 COMMITTEE AGENDA DATE: COUNCIL AGENDA DATE: May 6, 2024 STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE AD APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE The City uses contractual services for grass and weed cutting for properties in violation with the property maintenance code. Community Development receives complaints or fields observations of properties with tall grass and or weeds more than 8 inches in height. Written notice is posted on the property in the form of a Grass/Weed Violation letter with 7 days to comply. On the 8'" day with no compliance, Community Development contacts the contractual service to cut the grass. At that time a P-ticket for $50 is written to the property owner, in addition to an invoice for the full cost of the mow. The City uses the contractual services as a last resort to gain compliance. Staff sought out three proposals but received only one, from the service provider who has worked the past several years with the City and is familiar with the City’s requirements and processes. ACTIONS PROPOSED: Review and recommendation to accept the agreement for Grass and Weed Cutting and Debris Re- moval Service between The City of West Chicago and W.A. Management, Inc as identified in the attached agreement and fee schedule. See attached Exhibit “A”. COMMITTEE RECOMMENDATION: Did not go to committee. Attachments: Exhibit A: Grass and Weed Cutting, and Debris Removal Services Agreement ===== PDF PAGE 38 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 24-R-0043 A RESOLUTION AUTHORIZING THE MAYOR TO APPROVE THE CONTRACTED AGREEMENT FOR GRASS AND WEED CUTTING SERVICE BY W.A. MANAGEMENT INC. WITH THE CITY OF WEST CHICAGO FOR CODE ENFORCEMENT PURPOSES. BE IT RESOLVED by the City Council of the City of West Chicago, in regular session Assembled, that the Mayor is hereby authorized to execute the agreement with W.A. Management Inc. for grass and weed cutting services for 2024 through 2025, a copy of which is attached hereto and incorporated herein as Exhibit “A” APPROVED this day of May 2024. AYES: NAYS: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: Valeria Perez, Executive Office Manager ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO AGREEMENT FISCAL YEARs 2024 - 2025 GRASS AND WEED CUTTING, AND DEBRIS REMOVAL SERVICES This AGREEMENT, made this Ves of M Ns | by and between the CITY OF WEST CHICAGO, a body politic and corporate, with offices at 475 Main Street, West Chicago, Illinois, 60185 (hereinafter referred to as CITY) and John Waldschmidt, d/b/a WA Management, Inc., authorized to do business in the State of Illinois, with offices at P.O. Box 844, West Chicago, Illinois, 60186 (hereinafter referred to as the CONTRACTOR). WTTNESSETH that the CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1: WORK The CONTRACTOR will provide grass and weed cutting services for those properties that are determined to be in violation of the City Code of Ordinances in relation to the height of grass or weeds, and or clean up services for those properties determined to be in violation of the City Code of Ordinances in relation to accumulation of trash and debris. Specifically, the CITY will provide the CONTRACTOR with written notice by fax or email that a specific address has grass or weeds higher than eight inches and/or has an accumulation of trash and debris. The CONTRACTOR shall cut and/or clean the property within 48 hours of notice from the CITY, excluding weekends or holidays. The CONTRACTOR shall also provide the CITY with photographs of the property depicting its condition prior to and after the mowing or clean up. Photographs may be hard copies or digital copies emailed to the City. ARTICLE 2: CONTRACTOR COMPLIANCE The CONTRACTOR shall comply with all applicable laws, regulations and rules promulgated by any Federal, State, County, Municipal and/ or other governmental unit or regulatory body now in effect or which may be in effect during the performance of the work. Included within the scope of the laws, regulations and rules referred to in this paragraph but in no way to operate as a limitation are all forms of traffic regulations, public utility and Intrastate and Interstate Commerce Commission regulations, Workers’ Compensation Laws, Prevailing Wage Laws, the Social Security Act of the Federal Government and any of its titles, FEPC or FEOC statutory provisions and rules and regulations. ARTICLE 3: CONTRACT PRICE The CITY will pay the CONTRACTOR, in accordance with the prices as set forth in the CONTRACTOR'S PROPOSAL, hereto attached as Exhibit "A," and in accordance with all approved changes or modifications thereto. ARTICLE 4: CONTRACT CHANGES The prices as contained in the CONTRACTOR'S PROPOSAL will apply to the work described in this contract to be performed. If the CITY and CONTRACTOR mutually agree that additional work is desired and not included in the CONTRACTOR'S PROPOSAL, the cost shall be mutually agreed. ARTICLE 5: PAYMENTS The City shall pay the CONTRACTOR for services rendered and shall only pay in accordance with the provisions of this AGREEMENT. The CONTRACTOR shall submit its invoices, for services rendered and allowable expenses, to the CITY, a minimum of twice a month, on the L5th and 30th of each month. For those dates that fall on a weekend, invoices shall be provided the following Monday. Each invoice shall indicate the tasks performed, hours to complete the task, and cost by address of the location where work was performed. Upon receipt, review and approval of properly documented invoices and upon approval of the corporate authority, the CITY shall pay, or cause to be paid, to the CONTRACTOR the amounts invoiced. The CITY may not deny a properly documented claim for compensation, in whole or in part, without cause. The CITY shall not be required to pay CONTRACTOR more often than monthly. ARTICLE 6: CONTRACT TIME This contract work shall be completed by December 31, 2025 for all ===== PDF PAGE 40 ===== [Extraction: OCR (rendered-page OCR)] work. Work shall commence upon receipt of a Notice to Proceed. ARTICLE 7: INSURANCE CONTRACTOR shall procure and maintain for the term of the agreement or contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees or sub-contractors. The cost of such insurance shall be incidental to this contract. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1, Insurance Services Office Commercial General Liability Occurrence form number CGOOO | (Ed. 11185) with the City named as additional insured; and 2. Insurance Services Office Business Auto Liability Coverage form number CA 0001 (Ed. 10/90) or newer as amended covering Automobile Liability, code 1 "any auto"; and 3. Workers' Compensation as required by the Labor Code of the State of Illinois and Employer's Liability Insurance. B. Minimum Limits of Insurance CONTRACTOR shall maintain limits NO LESS than: . Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project specific aggregate of $1,000,000. 2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of Illinois and Employers' Liability limits of $500,000 per accident. 4. Builder's Risk: Shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed value basis where applicable. Ct Deductible and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, agents, volunteers and employees; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. D. Policy Provisions The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverage's a. The City, its officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the ===== PDF PAGE 41 ===== [Extraction: OCR (rendered-page OCR)] CONTRACTOR; products and completed operations of the CONTRACTOR; premises owned, leased or used by the CONTRACTOR; or automobiles owned, leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. b. The CONTRACTOR'S insurance coverage shall be primary insurance as respects the City, its officials, agents, employees or volunteers. Any insurance or self- insurance maintained by the City, its officials, agents, employees or volunteers shall be excess of CONTRACTOR'S insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, agents, employees or volunteers. d. Coverage shall state that CONTRACTOR'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers' Liability Coverages The insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for loses arising from work performed by CONTRACTOR for the City. 3: All Coverages Each insurance policy required by the clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less that A: VII and licensed to do business in the State of Illinois. F, Vorification of Coverage CONTRACTOR shall furnish the City with certificates naming the City, its officials, agents, employees and volunteers as an additional insured and with original endorsements affecting coverage required by this clause. The certificates 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 received and approved by the City before work commences. The City reserves the right to request full-certified copies of the insurance policies. G. Sub-Contractors CONTRACTORS shall include all sub-contractors as insured under its policies or shall furnish separate certificates and endorsements for each sub-contractor. All coverages for sub-contractors shall be subject to all of the requirements stated herein. ARTICLE 8: CONTRACT DOCUMENTS The Contract Documents that comprise the AGREEMENT between the CITY and the CONTRACTOR, and which are as fully a part of this AGREEMENT as if herein set out verbatim, or, if not attached, as if attached hereto are as follows: ===== PDF PAGE 42 ===== [Extraction: OCR (rendered-page OCR)] 8.1 This AGREEMENT 8.2 Exhibit "A"- CONTRACTOR'S PROPOSAL 8.3 Certificate of Insurance ARTICLE 9: INDEMNITY HOLD HARMLESS PROVISION To the fullest extent permitted by law, the CONTRACTOR hereby agrees to defend, indemnify and hold harmless the city, its officials, agents and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the city, its officials, agents and employees, arising in whole or in part or in consequence of the performance of this work by the CONTRACTOR, its employees, or sub-contractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the city, its agents or employees, the CONTRACTOR shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connection therewith, and, if any judgment shall be rendered against the city, its officials, agents and employees, in any such action, the CONTRACTOR shall, at its own expense, satisfy and discharge the same. CONTRACTOR expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the CONTRACTOR, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the municipality, its officials, agents and employees as herein provided. ARTICLE 10: CONTRACT TERMINATION IfCONTRACTOR fails to comply with the terms of the contract by failing to provide weed cutting services or clean up within 48 hours or fails to provide invoices in a timely manner, the CITY shall have the right to immediately terminate this contract. ARTICLE 11: CONTRACTOR'S REPRESENTATIONS _ In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations: 11.1. CONTRACTOR has examined and carefully studied the Contract Documents 11.2 CONTRACTOR is familiar with and is satisfied as to all federal, state and local law and regulations that may affect cost, progress, performance or furnishing of the services. 11.3. CONTRACTOR warrants and represents that it is not in arrears to the CITY upon debt or contract, and that it is not a defaulter as surety, CONTRACTOR, or otherwise, to any person, firm or entity. 11.4 CONTRACTOR warrants and represents that CONTRACTOR is financially solvent, that CONTRACTOR has the financial resources necessary to perform and complete the services in accordance with the Contract Documents, that CONTRACTOR is sufficiently experienced and competent to complete the services and that the facts stated in its Proposal and the information given by CONTRACTOR are true and correct in all respects. 11.5 | CONTRACTOR warrants and represents that CONTRACTOR shall hereafter haveno claim for payment or additional compensation based upon conditions at work sites, or omissions, ambiguities orconflicts inthe Contract Document and CONTRACTOR shall only be entitled to an extension of time as provided in the Contract Documents. 11.6 | CONTRACTOR warrants and represents that the statements contained in the CONTRACTOR'S Certification attached hereto and by this reference incorporated herein and made a part hereof are true and correct. ARTICLE 12: MISCELLANEOUS 12.1 Neither the CITY nor the CONTRACTOR shall, without prior written consent ofthe other party assign or subcontract, in whole or in part, his interest under any of the Contract Documents and specifically, the CONTRACTOR shall not assign any money due or to become due without the written consent ofthe CITY. ===== PDF PAGE 43 ===== [Extraction: OCR (rendered-page OCR)] 12.2 The CITY and the CONTRACTOR each binds himself, his parmers, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. ITIS MUTUALLY UNDERSTOOD AND AGREED that the CONTRACTOR shall have full control of the ways and means of performing the work referred to above and that the CONTRACTOR or its employees, representative or subcontractors are inno sense employees ofthe CITY, the CONTRACTOR and any party employed by the CONTRACTOR bears the relationship ofan independent CONTRACTOR. IN WITNESS HEREOF, the Parties hereto have caused this AGREEMENT to be executed the day and year first above written in two counterparts, which for all intent and purposes shall be considered as the original. CITY: CITY OF WEST CHICAGO By: Michael L. Guttman, City Administrator ATTEST: ; Thomas Dabareiner, AICP, Director of Community Development CONTRACTOR: a By: J Ww Address: Yo Woy wut Weel Cheaga OL lately Date: LU. Ig. doa ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] W.A. Management, Ine. P.O. Box 844 West Chicago, IL 60186 US (630) 876-0860 waldschmidtassoc@gmail.com www.wamanagementinc.com W.A. Management Inc. Estimate ADDRESS City of West Chicago 475 Main St. West Chicago, IL 60185 WEEK OF 04/16/2024 04/16/2024 04/16/2024 04/01/2025 04/01/2025 ESTIMATE # EST3253691 DATE 04/16/2024 ACTIVITY .266:202{36} Prices are good for 2024 season Code enforcement Mowing, Trimming of tall grass on residential lots. $90.00 per man hour. Contract Date: 4/1/24-12/31/24 .206:202{36} Code Enforcement Mowing for the 2024 seasons. code enforcement abil 2 trimming & and any debris pick-up. Field mowing vacant lots with 8ft. brush mower. $185.00 per man hour Contract Date: 4/1/24 -12/31/24 .200:202{36} Prices are good for 2024 seasons. Code Enforcement Labor for Jobs 79.00 8 man hr. plus any equipment or dump ees $90.00 per man hr. Contract Date: 4/1/24 -12/31/24 .200:202{30} Prices are good for 2025 season Code enforcement Mowing, Trimming of tall grass on residential lots. $95.00 per man hour. Contract Date: 4/1/25- 12/31/25 208:202{36} Code Enforcement Mowing for the 2024 seasons. code enforcement mowing, trimming & and any debris pick-up. Field mowing vacant lots with 8ft. brush mower. QTY RATE AMOUNT 90.00 90.00 185.00 185.00 90.00 90.00 95.00 95.00 196.00 196.00 ===== PDF PAGE 45 ===== [Extraction: OCR (rendered-page OCR)] WEEK OF ACTIVITY QTY $196 per man hour Contract Date: 4/1/25 -12/31/25 04/01/2025 .200:202{36} 1 Prices are good for 2024 seasons. Code Enforcement Labor for Jobs 79.00 co man hr. plus any equipment or dump lees $95.00 per man hr. Contract Date: 4/1/25 -12/31/25 Thank you for considering TOTAL W.A. Management, inc. A 3% credit card fee will be applied if paying by credit card Accepted By Accepted Date RATE AMOUNT 95.00 95.00 ===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ONTACT NAME: Paul Glenton PRODUCER Valentine Insurance Agency, Inc. 1331 Dundee Ave. FAX (AIC, No): [EHONG, xy, (647) 741-0083 E-MAIL inei ADDRESS; Paul@Valentineinsurance.net (647) 741-2229 INSURER(S) AFFORDING COVERAGE Wadena DBDL IMT Insurance Co Elgin INSURED IL 60120 INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : Wa Management Inc PO Box 844 West Chicago IL 60186 CERTIFICATE NUMBER: _ Master 23-24 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGES REVISION NUMBER: If yes, describe under DESCRIPTION OF OPERATIONS below KY TYPE OF INSURANCE pres Two POLICY NUMBER (MIDE) camo | LIMITS | ><] COMMERCIAL GENERAL LIABILITY PACTIGOCURRENGE 1,000,000 DAMA D camswace [><] occur PREMISES (Ea oceurence) _| $_300,000 MED EXP (Any one person) $ 10,000 A Y GLu9362 08/01/2023 | 08/01/2024 | personataapv nsury | $ 1,000,000 | GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s_2,000,000 ><| pouicy fer Loc PRODUCTS -comP/oPAGG_| ¢ 2,000,000 OTHER: $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accent) $ 1,000,000 ><| Any AUTO BODILY INJURY (Per person) | $ [|_| OWNED SCHEDULED , A AUTOS ONLY AUTOS CVU9362 08/01/2023 | 08/01/2024 | BODILY INJURY (Per accident) | $ -—| HIRED NON-OWNED PROPERTY DAMAGE ; AUTOS ONLY AUTOS ONLY Per accident) $ UMBRELLA LIAB occur EACH OCCURRENCE B [><] excess uae clanaS sade! ucus362 08/01/2023 | 08/01/2024 | .corecate $ 2,000,000 DED RETENTION $ $ WORKERS COMPENSATION PER OTH AND EMPLOYERS’ LIABILITY YIN >< Stare ER Oe Te parasite a NIA wcug9362 08/01/2023 | 08/01/2024 [EL EACH ACCIDENT _—— (Mandatory in NH) ELL DISEASE - EAEMPLOYEE | ¢_ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 CERTIFICATE HOLDER City of West Chicago 475 Main Street West Chicago ACORD 25 (2016/03) WC Excl: John Waldschmidt, Jennifer Waldschmidt John and Jennifer Waldschmidt will not be on site. IL 60186 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of West Chicago, its officials, employees, agents and volunteers as additional insured on a primary and non-contributory basis. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Oi aGNara4 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD