2020-09-21 - Ordinance 2020-065 - AUTHORIZING EXECUTION OF A CONTRACT WITH CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT, INC., FOR MOSQUITO ABATEMENT SERVICES ORDINANCE 2020—65
AN ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT WITH CLARKE ENVIRONMENTAL
MOSQUITO MANGEMENT,INC., FOR MOSQUITO ABATEMENT SERVICES
WHEREAS,the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution
of 1970; and
WHEREAS,the Village negotiated a contract for Mosquito abatement services.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE,COOK AND LAKE COUNTIES, ILLINOIS,as follows:
SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this
Ordinance as if fully set forth herein.
SECTION 2. The Village Manager is authorized to execute a contract with Clarke Environmental
Mosquito Management Inc., pending review and approval by the Village Attorney.
SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid,
the invalidity thereof shall not affect any other provision of this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval
and not be codified.
AYES: 6—Stein, Ottenheimer,Weidenfeld,Johnson, Smith, Pike
NAYES: 0--None
ABSENT: 0—None
PASSED: September 21, 2020
APPROVED: September 21. 2D20
APPROVED:
I/J&�-1,
Beverly Sussmarolillage President
ATTEST:
Janes r� 6ian, 'di,
di tierk
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MOSQUITO ABATEMENT SERVICES CONTRACT
Mosquito Abatement Services (the "Contract") is entered between the Village of Buffalo Grove (hereinafter the
"Village" or"Owner"), an Illinois home-rule unit of government, and Clarke Mosquito Environmental Mosquito
Management(hereinafter the"Contractor") on this 1st day of January, 2021 (the"Effective Date"). The Village
and the Contractor are hereinafter sometimes collectively referred to as the"Parties"and individually as a"Party".
RECITALS
WHEREAS, the Village has solicited bids for the Work (defined below), Contractor has submitted a bid
for the Work and Village has selected Contractor for the Work based on their bid; and
WHEREAS, the Contractor wishes to enter into this Contract with the Village and the Village wishes to
enter into this Contract with the Contractor for the Work;
NOW THEREFORE,for and in consideration of the mutual covenants and promises herein contained, the
adequacy and sufficiency of which are hereby acknowledged by the Parties, it is agreed as follows:
ARTICLE I -WORK TO BE DONE BY THE CONTRACTOR
The Village does hereby hire and contract with the Contractor to provide all the labor, equipment, materials
and/or services described more thoroughly on Contract Exhibit A (the "Work") which is incorporated into the
Contract by this reference.
ARTICLE II- CONTRACT DOCUMENTS
The following exhibits are attached hereto and incorporated herein by this reference:
Contract Exhibit A—Description of the Work
Contract Exhibit B—Schedule of Prices
Contract Exhibit C—Performance and Payment Bond
If any term or provision of this Contract shall conflict with any term or provision of the exhibits referenced
above, the terms and provisions of the exhibit shall control.
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ARTICLE III- CONTRACT AMOUNT
The Village agrees to pay the Contractor for the proper and timely performance of the Work in strict
accordance with this Contract as detailed in Contract Exhibit B (the "Schedule of Prices") Unless explicitly
provided otherwise in this Contract, the detailed sums shall be the full and exclusive compensation owed to the
Contractor for the Work;and Contractor may not seek additional payments from the Village.
Escalation
Written requests for price revisions after the first term shall be submitted at least ninety (90) calendar days in
advance of the contract period. Requests must be based upon and include documentation of the actual change in
the cost of the components involved in the contract and shall not include overhead, or profit and shall not exceed
1.75%.
The Village of Buffalo Grove reserves the right to reject a proposed price increase and terminate the
Contract.
ARTICLE IV—APPLICATION FOR PAYMENT
The Contractor shall be paid at most once a month and only after providing the Village the following:
1. An invoice detailing work performed.
All payments under this Contract must be approved by the Village's Board at regularly scheduled meetings. The
Village reserves the right to request any receipts, invoices, proof of payments as the Village, in its sole discretion,
may deem necessary to justify the payment requested prior to paying the requested payment. The Contractor shall
furnish with his final application for payment a Final Lien Waiver from itself and, if not already provided, from
every subcontractor and materialman of the Work.
The Contractor acknowledges that the Village is a unit of local government and that all payments under the Contract
are subject to the Local Government Prompt Payment Act, 50 ILCS 505 et seq. To that extent, the Village shall
have forty-five calendar(45)days from receipt of a bill or invoice to pay the same before it is considered late under
the Contract. Interest, if any, charged for any late payments will be subject to the interest rate caps specified in the
Prompt Payment Act.
ARTICLE V—CONTRACT TIME
Term. The Time of Performance of this Contract,unless terminated pursuant to the terms of this Contract,shall be
for 36 months. The contract may be renewed upon mutual agreement by both parties for additional 24-month
periods.At the end of any term the Village of Buffalo Grove reserves the right to extend this agreement for a period
of up to ninety(90)calendar days for the purpose of securing a new agreement.
For any year beyond the initial year, this Contract is contingent upon the appropriation of sufficient funds by the
Village Board; no charges shall be assessed for failure of the Village to appropriate funds in future contract years.
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ARTICLE VI—PERFORMANCE and PAYMENT BOND
The Contractor shall provide the Village with a performance and payment bond in substantially the same
form as on Contract Exhibit C(the"Performance and Payment Bond")prior to Contractor beginning any Work
and within 10 calendar days of the Notice of Award sent to the Contractor.
ARTICLE VII—ACCIDENT PREVENTION
The Contractor shall exercise every precaution at all times to protect itself, the property of the Village and
the property of others. The safety provision of all applicable laws and ordinances shall be strictly observed by the
Contractor at all times. Any practice deemed hazardous or dangerous by the Director of Community Development
or his authorized representatives shall be immediately discontinued by the Contractor upon receipt of instructions
from the Director of Community Development or his authorized representatives. To the fullest extent permitted by
law, the Contractor shall be solely responsible for all safety-related matters.
ARTICLE VIII—INDEMNIFICATION
To the fullest extent permitted by law, the Contractor agrees to defend, pay on behalf of, indemnify, and
hold harmless the Village,its elected and appointed officials,agents,employees and volunteers and others working
on behalf of the Village against any and all claims, demands, suits or loss, including all costs connected therewith,
and for any damages which may be asserted, claimed or recovered against or from the Village, its elected and
appointed officials, agents, employees and volunteers and others working on behalf of the Village, by reason of
personal injury, including bodily injury and death, and/or property damage, whether damage to property of the
Village or of a third party,including loss of use thereof,which arises out of or is in any way connected or associated
with the Contract and the Work.
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ARTICLE IX— CONTRACTORS INSURANCE
Contractor shall procure and maintain, for the duration of the Contract and any maintenance period,
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 subcontractors.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of
Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary, non-
contributory additional insured coverage shall be confirmed through the following required policy
endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13
1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named
as additional insured, on a form at least as broad as the ISO Additional Insured Endorsement CG 2010 and
CG 2026
2. Insurance Service Office Business Auto Liability coverage form number CA 0001,Symbol 01 "Any Auto."
3. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability
insurance.
B. Minimum Limits of Insurance: Contractor shall maintain limits no less than:
1. 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/contract 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 coverage with statutory limits
and Employers'Liability limits of$500,000 per accident.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Village. At the option
of the Village, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as it
respects the Village, its officials, agents,employees and volunteers; or the Contractor shall procure a bond
guaranteeing payment of losses and related investigation, claim administration and defense expenses.
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D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages:
a. The Village, its officials, agents, employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the 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 Village, its officials,agents,employees
and volunteers.
2. The Contractor's insurance coverage shall be primary and non-contributory as respects the Village, its
officials, agents,employees and volunteers. Any insurance or self-insurance maintained by the Village, its
officials,agents,employees and volunteers shall be excess of Contractor'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 officials, agents,employees and volunteers.
4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language
stating 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.
5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy
that does not "follow form," then the Contractor shall be required to name the Village, its officials,
employees, agents and volunteers as additional insureds
6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general
liability policies will not be accepted.
7. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of contribution
recoverable against them by the Village. This specifically includes any limitation imposed by any state
statute,regulation,or case law including any Workers' Compensation Act provision that applies a limitation
to the amount recoverable in contribution such as Kotecki v. Cyclops Welding
E.All Coverages:
1. No Waiver. Under no circumstances shall the Village be deemed to have waived any of the insurance
requirements of this Contract by any act or omission, including, but not limited to:
a. Allowing work by Contractor or any subcontractor to start before receipt of Certificates of
Insurance and Additional Insured Endorsements.
b. Failure to examine,or to demand correction of any deficiency, of any Certificate of Insurance and
Additional Insured Endorsement received.
2. Each insurance policy required shall have the Village expressly endorsed onto the policy as a Cancellation
Notice Recipient. Should any of the policies be cancelled before the expiration date thereof, notice will be
delivered in accordance with the policy provisions.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A-,VII and licensed to do business
in the State of Illinois.
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G. Verification of Coverage
Contractor shall furnish the Village with certificates of insurance naming the Village, its officials,
agents,employees,and volunteers as additional insured's and with original endorsements,affecting
coverage required herein. 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 Village before any work commences. The Village reserves the right to
request full certified copies of the insurance policies and endorsements.
H. Subcontractors
Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the
requirements stated herein.
1. Assumption of Liability
The contractor assumes liability for all injury to or death of any person or persons including employees of
the contractor, any subcontractor, any supplier or any other person and assumes liability for all damage to
property sustained by any person or persons occasioned by or in any way arising out of any work performed
pursuant to the Contract.
J. Workers'Compensation and Employers'Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove,its officials,
employees, agents and volunteers for losses arising from work performed by Contractor for the
municipality.
K. _Failure to Comply
In the event the Contractor fails to obtain or maintain any insurance coverage's required under this contract,
The Village may purchase such insurance coverage's and charge the expense thereof to the Contractor.
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ARTICLE X—CERTIFICATE OF AUTHORITY AND SURETY CERTIFICATE
The Contractor shall furnish the Village with a current Certificate of Authority or Surety Certificate issued
by the Illinois Department of Insurance for the bonding company and insurance company they are using. In lieu of
a Certificate of Authority of Surety Certificate, the Contractor may provide certificate of good standing from the
Illinois Department of Insurance's website.
ARTICLE XI—COPYRIGHTS AND LICENSES
The Contractor agrees that all documents of any kind whatsoever, and in whatever medium expressed,
prepared by the Contractor and the Contractor's consultants in connection with the Work (collectively, the
"Documents") or otherwise pursuant to this Contract and all rights therein (including trademarks, trade names,
rights or use, copyrights and/or other proprietary rights) shall be and remain the sole property of the Village
(regardless of whether the Village or the Contractor terminates this Contract for any reason whatsoever). The
Contractor hereby agrees that the Documents are or shall be deemed to be"Works for Hire"within the meaning of
Section 101 of the Copyright Act,and the Contractor hereby assigns to the Village all right,title and interest therein.
Notwithstanding, the Contractor shall indemnify and hold harmless the Village, its appointed and elected officials,
employees, agents and volunteers from and against all claims, damages, losses, and expenses (including attorneys'
fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the
Documents and the Work.
ARTICLE XII—NOTICE
All notices, demands, requests, consents, approvals and other communications required or permitted to be
given hereunder(a"Notice")shall be in writing and shall be deemed effective three(3)business days after mailing
if mailed by certified mail with return receipt requested and immediately if served personally,and shall be addressed
to the following:
IF TO THE VILLAGE: Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove, IL 60089
mreynolds@vbg.org
ATTN: Director of Community Development
WITH COPIES TO: Cc:pbrankin@schainbanks.com
Cc:brobinson@vbg.org
IF TO THE CONTRACTOR: Clarke Environmental Mosquito Management
ATTN:
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ARTICLE XIII—CHANGE ORDERS
If the Village requests any change to the Work the Village shall do so by delivering Notice of the same to
the Contractor and the change requested by the Village shall be effective upon receipt of the Notice by the
Contractor. The Contractor may propose a change to the Work by delivering Notice of the proposed change along
with a description of the changes full effect on the Work to the Village; provided, such requested change shall not
be deemed accepted until the Village has delivered to the Contractor Notice of the same. Prior to approving a
proposed change to the Work by the Contractor,the Village may request such additional documentation as it deems
necessary to investigate the proposed change. The Contractor shall be responsible for informing all its employees
and subcontractors of any changes to the Work,whether such change is requested by the Contractor or the Village.
ARTICLE XIV—NOTICE OF STARTING WORK
The Contractor shall provide Notice to the Village prior to the Contractor, or its employees or
subcontractors,starting the Work or any phase of the Work.
ARTICLE XV—SE UENCE OF THE WORK
The Director of Community Development shall have the power to direct the order and sequence of the
Work. On any major portion of the Work, all accessories shall be set coincident with the main construction.
Payment for major portions of the Work may be withheld until proper completion of accessories.
ARTICLE XVI—SUPERVISION
The Director of Community Development shall have override power to superintend and direct the Work,
and the Contractor shall perform all of the Work herein specified to the satisfaction,approval and acceptance of the
Director of Community Development.The Contractor shall have at all times a competent foreman or superintendent
at the Work's site, who shall have full authority to act for the Contractor and to receive and execute orders from the
Director of Community Development,and any instructions given to such superintendant or person, executing work
for the Contractor,shall be binding on the Contractor as though it was personally given to the Contractor.
ARTICLE XVII—STANDARD OF WORK AND WORKERS
The Contractor shall employ competent staff and shall discharge, at the request of the Director of
Community Development,any incompetent,unfaithful,abusive or disorderly workers in its employ. Where experts
or skilled workers must be employed, only expert or skilled workers shall be employed.
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ARTICLE XVIII—CONDITIONS OF THE WORK SITE
The Contractor shall provide and maintain such sanitary accommodations for the use of its employees as
may be necessary to comply with the State and local Board of Health requirements. Public nuisances will not be
permitted. The Contractor shall leave said Work's site(s)in the best possible condition to the complete satisfaction
of the Director of Community Development. No vehicles of any kind shall be placed,parked,or operated upon any
grass areas at any time except as authorized by the Director of Community Development or his authorized
representative. Further, the Contractor shall exercise every precaution for the protection of all persons and all
property. The safety provisions of all-applicable laws and ordinances shall be strictly observed. Any practice
hazardous in the opinion of the Director of Community Development or his authorized representatives shall be
immediately discontinued by the Contractor upon his receipt of instructions from the Director of Community
Development or his authorized representative. To the maximum extent permitted by law, the Contractor shall be
responsible for all safety-related matters.
ARTICLE XIX WARRANTY PERI"
All matefial- and ;ref-kmanshipshall be war-Fantted—and gum=anteed- aeeordinng to manufaeturer-'s
feeonimendation after- inspeetien and appFeval by the Dir-eetef of Community Development of his designated
and fifial aeeeptanee of the Work fef a peFied of twelve (12) months fFefn the date of final, and not stfbstafitia4-,
eempletion.
ARTICLE XX—ACCIDENTS
In the event of any accident of any kind that involves the general public or property of the Village or a third
party,the Contractor shall immediately notify the Director of Community Development by phone as well as provide
Notice of the same. The Notice shall include a full accounting of all details of the accident. The Contractor shall
furnish the Village with copies of all reports of such accidents at the same time that the reports are forwarded to any
other interested parties.
ARTICLE XXI—NO ASSIGNMENT
If the Contractor sublets or assigns any part of the Work then the Contractor shall not under any
circumstances be relieved of its liabilities hereunder. All transactions of the Village shall be with the Contractor.
Subcontractors shall be recognized only in the capacity of employees or workmen and shall be subject to the same
requirements as to character and competence. The Contractor shall not assign, transfer, convey, sell or otherwise
dispose of the whole or any part of this Contract to any person, firm or corporation without written consent of the
Director of Community Development or his authorized representative.
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ARTICLE XXII—DEFAULT
The following shall constitute a default an"Event of Default" by the Contractor under this Contract:
A. If the Contractor shall fail to strictly observe or perform one or more of the terms, conditions, covenants
and agreements of this Contract;
B. If there shall be placed on any property owned by the Village any mechanics', materialmens' or suppliers'
lien;
C. If there shall be instituted any proceeding against the Contractor seeking liquidation,dissolution or similar
relief and the same shall not be dismissed within forty-five(45)calendar days;
D. If there shall be appointed any trustee, receiver or liquidator of the Contractor and such appointment shall
not have been vacated within forty-five(45)calendar days; and
E. If the Contractor fails to maintain or obtain any and all permits, licenses and the like, if any, required by
the Village, State or Federal governments for the Work.
Upon any Event of Default the Village shall have the option of(i)terminating the Contract;(ii)pursuing any remedy
available to it at law or in equity; or (iii)pursuing both simultaneously. In addition, upon an Event of Default, the
Village may withhold payments due to the Contractor until it has hired a replacement of the Contractor and deducted
all costs of hiring a replacement.
ARTICLE XXIII—DELAYS
The Contractor shall not be liable in damages for delays in performance when such delay is the result of
fire, flood, strike, acts of God, or by any other circumstances which are beyond the control of the Contractor;
provided, however, under such circumstances the Village may, at its option, cancel the Contract.
ARTICLE XXIV—COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable laws, regulations and rules promulgated by any federal,
state, local, or other governmental authority or regulatory body pertaining to all aspects of the Work, now in effect,
or which may become in effect during the performance of the Work. The scope of the laws, regulations, and rules
referred to in this paragraph includes,but is in no way limited to, the Illinois Human Rights Act, Illinois Equal Pay
Act of 2003, Occupational Safety & Health Act along with the standards and regulations promulgated pursuant
thereto (including but not limited to those safety requirements involving work on elevated platforms), all forms of
traffic regulations, public utility, Interstate and Intrastate Commerce Commission regulations, Workers'
Compensation Laws,Public Construction Bond Act,Public Works Preference Act,Employment of Illinois Workers
on Public Works Act, USA Security Act, federal Social Security Act(and any of its titles), and any other law, rule
or regulation of the Illinois Department of Labor, Department of Transportation, Illinois Environmental Protection
Act, Illinois Department of Natural Resources, Illinois Department of Human Rights, Human Rights Commission,
EEOC, and the Village of Buffalo Grove. Notwithstanding the following, the Contractor shall particularly note
that:
A. NO DISCRIMINATION—The Contractor shall comply with the provisions of the Illinois Public
Works Employment Discrimination Act and the Illinois Human Rights Act/Equal Opportunity Clause which,
pursuant to Illinois law, are deemed to be part of this Contract.
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B. FREEDOM OF INFORMATION - The Contractor agrees to furnish all documentation related
to the Contract, the Work and any documentation related to the Village required under an Illinois Freedom of
Information Act(ILCS 140/1 et.seq.)("FOIA")request within five(5)calendar days after the Village issues Notice
of such request to the Contractor. The Contractor agrees to defend, indemnify and hold harmless the Village, and
agrees to pay all reasonable costs connected therewith (including, but not limited to attorney's and witness fees,
filing fees and any other expenses)for the Village to defend any and all causes, actions, causes of action, disputes,
prosecutions, or conflicts arising from Contractor's actual or alleged violation of FOIA or the Contractor's failure
to furnish all documentation related to a FOIA request within five(5) calendar days after Notice from the Village
for the same. Furthermore, should the Contractor request that the Village utilize a lawful exemption under FOIA
in relation to any FOIA request thereby denying that request, Contractor agrees to pay all costs connected therewith
(such as attorneys' and witness fees, filing fees and any other expenses) to defend the denial of the request. This
defense shall include,but not be limited to,any challenged or appealed denials of FOIA requests to either the Illinois
Attorney General or a court of competent jurisdiction.
C. ILLINOIS WORKERS ON PUBLIC WORKS ACT-To the extent applicable,the Contractor shall
comply with the Illinois Workers on Public Works Act, 30 ILCS 570/1 et seq., and shall provide to the Village any
supporting documentation necessary to show such compliance.
D. NOT A BLOCKED PERSON- The Contractor affirms and covenants that neither the Contractor
nor any individual employed by the Contractor for this Work or under this Contract is a person forbidden from
doing business with a unit of local government under Executive Order No. 13224 (Sept 23, 2001), 66 Fed.Reg.
49,079 (Sept 23, 2001)or is a person registered on the Specially Designated Nationals and Blocked Persons List.
The Contractor shall indemnify the Village from all costs associated with failure to comply with this paragraph.
E. SUBSTANCE ABUSE PREVENTION ON PUBLIC WORKS ACT - The Contractor knows,
understands and acknowledges its obligations under the Substance Abuse Prevention on Public Works Act (820
ILCS 265/1 et seq.), and shall comply and require all subcontractors and lower tiered contractors to comply with
the requirements and provisions thereof.
ARTICLE XXV—NO WAIVER OF RIGHTS
A waiver by the Village of any Event of Default or any term of provision of this Contract shall not be a
waiver of the same Event of Default, another Event of Default or any other term or provision of this Contract.
ARTICLE XXVI—CONTROLLING LAW AND VENUE
This Contract is entered into in the State of Illinois, for work to be performed in the State of Illinois and
shall be governed by and construed in accordance with the laws of the State of Illinois. Any legal matters or dispute
shall be resolved in the Circuit Court of Cook County and the Parties hereby submit to the jurisdiction of such
Circuit Court. This Contract shall be construed without regard to any presumption or other rule requiring
construction against the Party causing the Contract to be drafted.
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ARTICLE XXVII—MISCELLANEOUS
A. AMENDMENT—This Contract may be amended only in writing executed by both Parties.
B. NO RECORDING—This Contract,or a memorandum thereof, may not be recorded in any form by either
Party. If either Party records this Contract, or a memorandum thereof, they shall immediately file a release
of the same.
C. SECTION HEADINGS —The headings in the Contract are intended for convenience only and shall not
be taken into consideration in any construction or interpretation of the Contract.
D. NO THIRD PARTY BENEFICIARIES —This Contract does not confer any rights or benefits on any
third party.
E. BINDING EFFECT—This Contract shall be binding and inure to the benefit of the Parties hereto, their
respective legal representatives, heirs and successors-in-interest.
F. ENTIRE AGREEMENT — This Contract supersedes all prior agreements and understandings and
constitutes the entire understanding between the Parties relating to the subject matter hereof.
G. SEVERABILI TY - If any term, condition or provision of the Contract is adjudicated invalid or
unenforceable, the remainder of the Contract shall not be affected and shall remain in full force and effect,
to the fullest extent permitted by law.
H. TORT IMMUNITY DEFENSES - Nothing contained in this Contract is intended to constitute nor shall
constitute a waiver of the rights, defenses, and immunities provided or available to the Village under the
Local Governmental and Governmental Employees Tort Immunity Act,745 ILCS 10 et seq.
I. CALENDAR DAYS AND TIME. Unless otherwise provided in this Contract,any reference in this
Contract to"day"or"days"shall mean calendar days and not business days. If the date for giving of any
notice required to be given, or the performance of any obligation, under this Contract falls on a Saturday,
Sunday or federal holiday, then the notice or obligation may be given or performed on the next business
day after that Saturday,Sunday or federal holiday.
J. TERMINATION OF CONTRACT. The Contract may be terminated, in whole or in part,by either
party if the other party substantially fails to fulfill its obligations under the Contract through no fault of
the terminating party;or the Village may terminate the Contract, in whole or in part, for its convenience.
However, no such termination may be effected unless the terminating party gives the other party: (1) not
less than thirty(30)calendar days written notice by certified mail of intent to terminate, and(2)an
opportunity for a meeting with the terminating party before termination.
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K. COUNTERPARTS—This Contract may be executed by the Parties in any number of counterparts,each
of which shall be deemed an original,but all of which together shall constitute an original instrument.
IN WITNESS WHEREOF,the Parties hereto have caused the Contract to be executed as of the Effective Date.
Village of Buffalo Grove, Clarke Environmental Mosquito Management
sy:
Name: Beverly Sus an Name: Clark Wood
Title:Village President Title: VP Retuice Operations
i
f
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i
Contract Exhibit A.
m ctarme
Clarke Environmental Mosquito Management, Inc.
2021-2023 Service Agreement I Village of Buffalo Grove
Part I. General Service
A. Aerial Survey and Geographic Information System (GIS) Mapping
B. Computer System and Record Keeping Database
C. Public Relations and Educational Brochures
D. Mosquito Hotline Citizen Response—citizens may report nuisance mosquitos at
www.clarkeportal.com/hotline or 800-942-2555
E. Comprehensive Insurance Coverage naming the Village of Buffalo Grove additionally insured
F. Program Consulting and Quality Control Staff
G. Monthly Operational Reports, Periodic Advisories, and Annual Report
H. Regulatory compliance on local,state,and federal levels
Part II. Surveillance and Monitoring
A. Floodwater Mosquito Migration Model:
The use of weather data and computer model to predict the arrival of Aedes vexans brood (hatch)
and peak annoyance periods. Clarke will contact the Village of Buffalo Grove representative and
inform him of the impending brood arrival.
B. Arbovirus Surveillance:
Gravid Trap: Operation of one (1)traps to collect Culex mosquitoes. Mosquitoes will be collected,
identified to species,and pooled for disease assay. Samples will be tested at Clarke's Biosafety
Level 2 Laboratory(BSL2) utilizing RAMP or PCR technology.
C. Clarke New Jersey Light Trap Network: Operation of one (1)trap within the Village of Buffalo
Grove to monitor and evaluate adult mosquito activity.
D. Stagnant Pool Survey by helicopter to determine larval development sites
E. Weather Monitoring—Operational Forecasts
Part III. Larval Control
A. Targeted Mosquito Management System (TM MS"")computer database and site management.
B. Larval Site Monitoring:Twelve inspections
1. Three(3)complete inspections of up to 165 sites as outlined by most recent Clarke GIS Survey.
2. Six(6)targeted inspections of up to 55 breeding areas as determined by the Clarke Targeted
Mosquito Management SysternTM.
3. Three(3)targeted inspections of up to 50 known Culexspp. breeding areas as determined by
the computerized Clarke Targeted Mosquito Management SysteMT"
4. Swimming pool (stagnant) inspections of stagnant swimming pools found during aerial survey.
5. Inspections of sites reported by residents on the Mosquito Hotline/Portal.
C. Prescription Larval Control treatments will be performed with Bacillus sphaericus, Bacillus
thuringiensis israelensis-Bti, methoprene,temephos, and/or Natular® (Spinosad) mosquito
larvicide as described in the following sections.
1. Larval Control:The program provides for up to 70 acres of multiple brood residual product with
backpack or hand equipment.
2. Larval Control:The program provides for backpack pre-hatch treatments of up to five acres
using a 30-day residual product.
3. Larval Control:The program provides for treatment of up to 30 neglected backyard swimming
pools to be treated with 30-day residual product for control of mosquito larvae.
1
Clarke Environmental Mosquito Management, Inc.
2021-2023 Service Agreement I Village of Buffalo Grove
4. Helicopter Pre-hatch: Three(3)treatments using a 30 day residual product of up to 40 acres.
5. Helicopter Larval Control: Treatments using a single brood product of up to 40 acres for
floodwater mosquito control.
6. Catch Basins:Three(3)treatments of up to 2,800 street side catch basins,storm drains, inlets
and manholes using a sustained release insecticide for control of up to 30 days.
7. Catch Basins: Back Yard Catch Basins: One treatment of up to 280 backyard catch basins using
an extended residual slow release insecticide for control of up to 150 days.
Part IV. Adult Control will be performed with Duet or other pyrethroid mosquito adulticide as described in
the following sections.
A. Adulticiding in mosquito harborage areas:
1. Three(3)scheduled truck/ATV Ultra Low Volume(ULV)treatments using a pyrethroid
insecticide for any community special events.
B. Adulticiding in Residential Areas:
1. Four(4)community-wide truck ULV treatments of up to 122 miles of streets using Duet or
other pyrethroid insecticide.
C. Adulticiding Operational Procedures
1. Notification of community contact.
2. Weather limit monitoring and compliance.
3. Notification of residents on Clarke Prior Notification List.
4. ULV particle size evaluation.
5. Insecticide dosage and quality control analysis.
Contract Exhibit B.
Total 2021 Estimated Price ** $53,000.00
This agreement may be extended by mutual agreement of both parties for additional 24 month
periods.The maximum increase,without additional services or changes or NPDES Permit fees,shall
be 1.75%per annum.
**NPDES Permit: A National Pollutant Discharge Elimination System(NPDES)permit is necessary for the execution of the
work for mosquito control effective October 31,2011.Any additional costs associated with activities and/or services that
may be required by Clarke in order to comply with an NPDES permit are not included in this proposal.
2
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VoBG-2020-34
CONTRACT EXHIBIT C- FORM OF PERFORMANCE AND PAYMENT BOND
Bond Number:
KNOW ALL MEN BY THESE PRESENTS,That (the"Principal")and
..._, (the"Surety"), are held and firmly bound unto the Village of Buffalo Grove, an Illinois
home-rule unit of government(the"Village"), the full and just sum of Dollars
($ )in lawful money of the UNITED STATES OF AMERICA as herein provided.
THE CONDITION OF THIS OBLIGATION is such that the Principal and Surety agree to bind themselves,their
successors, assigns, executors, heirs and administrators,jointly and severally, for the full and faithful performance
of the Work as defined in that particular Mosquito Abatement Services contract between Principal and the Village
dated _ day of- 20___, (hereinafter referred to as the "Contract"), a copy of which is attached and
incorporated by reference as though fully set forth herein.
NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the said Principal (i) shall in all
respects keep and perform all the undertakings, covenants, terms, conditions and agreements of the Contract; (ii)
shall pay all sums of money due or to become due, for any labor, materials, apparatus, fixtures or equipment
furnished for the Work provided in said Contract;and (iii)shall remove and replace any defects in workmanship or
materials which may be apparent or may develop within the ARTICLE XIX WAzD DST T, Y PERIOD e f the
Gentfaet,then this obligation shall be null and void; otherwise it shall remain in full force and effect.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or the Work thereunder shall in any way affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract or to the Work.
IN WITNESS WHEREOF,we have hereunto set our hands and sea day of_._ _ , 20 .
SURETY PRINCIPAL
By: By:
Name: Name•.
Title: Title:
ATTEST ATTEST
By: By:
NOTE: Date of Bond must not be prior to date of Contract.
If Contractor is Partnership, all partners should execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Departments most current list
(Circular 570 as amended) and be authorized to transact business in the state where the Work is located.
Mosquito Abatement Services 16