BT Irrigation ProjectVILLAGE OF OAK BR00K
CONTRACT FOR THE
BATH&TENNIS CLUB IRRIGAT10N PROJECT
Full Name of Contractor: Mars Irrigation Inc. ("Confractoy'')
Principal office Address: 20w431 cobb court, f)owners Grove, Illinois 60526
Contact Person: Rodolfo Marsico, Owner Telephone Number: (630) 910-0234
TO:Villaee of Oak Broak ("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Patchin, Public Works f)irector
Contractor warranls and represents t.hat Contractor hos
carefully examined th.e Work Site described belou: ond
has reuieuted, and understaod oll docu.nrcnts included,
referred to, or ntent,i.oned, in th,is bound, set of documents.
l. 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 folth, in this ContracL, all of the following,
all of which is herein relerred to as the "Work":
5. Miscellaneous. Do all other things required
ofContractor by this Contract; and
6. Qualitv. 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 l,he 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 estimates dated March 31, 2019 and April 6, 2019,
attached hereto as Exhibit A.
C. Responsibilitv for Damaee or l,oss. 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 propert.y or persons as
a result of the Work.
l. Labor. Equipment. Materials. and Supplies.
Provide, perform, and complete, in the
manner specified and described in t,his
Contracl, all neceesary work, labor, services,
transportation, equipment, materials,
supplies, information, data, and other means
and items necessary for the Bath & Tennrs
Club lrrigation Project, as specified in
Exhibit A, attached hereto, at Oak Ilrook
Bath & Tennis Club, 800 Oak Brook Road,
Oak Brook, Illinois 60523 ("Worh Site");
Permits. The Village will furnish all
permits, licenses, and other governmental
approvals and authorizations necessary in
connection therewith:
Insurance. Procure and furnish insurance
certificates specified in this Contract;
4. Taxes. Pay all applicable federal, state, and
local taxes;
2.
3.
D. Inspection/Testine/Reiection. 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 andprofit; taxes, contributions, and premiums; and
compensation to all subcontractors and suppliers, the
compensation set forth below.
A. SCHEDULEOFPRICES
For providing, performing, and completing all
Work, the total Contract Price of 918,000.00
TOTAL CONTRACT PRICE (in writing):
Thirteen Thousand Dollars Only
B. BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
l. 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 cornpletion of the
work and hnal approval by ihe 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 certifieation of the
value o{ 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. Contraet Time
Contractor acknowledges and agrees that Contractor
shall commence the Work within lS days following the
Village's acceptance of this Contract provided Contractorshall have furnished to the Village all bonds and allinsurance certificates specified in this Contract("Commencement Dote").Contractor further
acknowledges and agrees that Contractor shall perform
the Work diligently and continuously and shall completethe Work not later than May JL ZAI| (Tirns s1Perfortnance"). The Village may modifr the Time of
Performance at, any time upon lb days prior written
notice to the Contractor. Delays caused by the Villageshall extend the Time of performance; provided,
however, that Contractor shall be responsible for
cornpletion 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 Assurauce
A. Insurance. Contractor acknowledges and agreesthat Contractor shall provide certificates of insurance
evidencing the minimum insrrrance coverages and limitsset forth in Exhibit B within I0 days following the
Village's acceptance of this Contract. Such policies shall
be in form, and from companies, acceptable to theVillage. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages andlimits and shall not be construed in any way as alimitation 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 alltimes 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 against all damages, liability,
claims, Iosses, 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 toperform, the Work or any part thereof, or any failure torneet the representations and warranties set forth in
Section 6 ofthis Contract.2
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 audWarranties
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 it,s 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 rnferred 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 Lawe. 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 rnodified or
amended from iime to time, including without limitation
the Prevailing Wage Act, 820 ILCS 130/0.01 e! seq. (in
furtherance of which, a copy of Village's ordinance
ascertaining the prevailing rate of wages, in effect as of
the date of this Contract, has been attached as an
Appendix to this Contract; if the Illinois Department of
Labor revises the prevailing rate of hourly wages to be
paid, the revised rate shall apply to this Contract); 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 Sectiorr 2-105 of
the lllinois 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 lhe 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
5111-42.1-l; or (ii) a violation of either Section 33E-3 or
Section 33E-4 of Article 33 of the Criminal Code of 1961,
720 ILCS 5/338-1 et seo.
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
l.ime.
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
represent,ation or warranty made by Contractor; or of
any requirement or provision of this Contract; or of any
remedy, power, or right of the Village.
r'. Severabilitv. 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 property3
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
corporafe authorities ofthe parties in accordance with all
applicable statutory procedures.
H. Assisnment. 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.
I. Governins Law: Venue. 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 lllinois. Venue for any action arising out of
or due to this Contract shall be in the Circuit Court for
DuPage County, Illinois.
J. Certifred Payrolls. Contractor shal}, in
accordance with Section 5 of the Illinois Prevailing Wage
Act, 820 ILCS 130/5, submit to the Village, on a monthly
basis. a certified payroll. 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: (l)
such records are true and accurate; (2) the hourly rate
paid is not less than the general prevailing rate ofhourly
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 falee is a
Class 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 certificat,ion. 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 hers deputies and
agents; and (ii) at all reasonable hours at a location
within Lhis State.
K. Conflicts of Interest. Contractor represents and
certifies that, to the best of its knowledge, (l) 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 (B) 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. Exhibits. If any conflict exists between this
Contract and any exhibit attached hereto, the terms of
this Contract shall prevail. Any conflict that exists
between Exhibit A and Exhibit B, the terms of Exhibit B
shall prevarl.
M. No Disclosure of Confidential Information bv the
Consultant. 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 ehall 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 thoee 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.4
IN WITNESS WIIEREOF the parties hereto
effective on
ATTEST:
,2019.
VILLAGE OF OAK BROOK, an Illinois
rn unicipal corporation
Charlotte Pruss, Village Clerk
ATTEST:
ExlrfBrFス
(Esr■濾 7Es DATED MИ RC″θ′,2θ 19 AA7D APRILら 2θ rの6
MARS IRRIGAT10N IN(1
20ヽ ヽ/431 Cobb Court
Dowllci・ S Gl・ ()vC.IL 6()516
Name i Address
Villagc ol'Oak Brrxrk
[]utlcr Covcmmclll Ccntcr lrrigatiorr
l2(X) Oak Ilrook Road
Oak Brtxrk. lt- 6052.1-:155
Estimate
Date Eslmate#
3/31/2()i tl i9r・
item Description Qty Total
lNSTALLAT10N
INSTAlッ I´AT!ON
INS′TAlン LAT:ON
INSTALl AT10N
INSTAl_LAT10N
RAI B:RD
lNSTALl″AT10N
INS・ FALl´AT10N
l()tそ 11
Mars ln.rgatiorr will install in'igation at: ll0o Oak Brtxtk Rd..Oak []rrxrk. ll.6052.1
Mars lrligatiorr will irrstall irrigation lix'thc turl'arcas loeotctl in thc lnrrrt lcli ol'lhc p<xrl
huilding
Mars lrrigatiorr will install irligatiorr liont I{ight o1'lhc prxrl builtling
Marslrrigatiorrwill irrstall in'igationlnlrtCcntcrolthcprxrl huilding( lstislantl area,turl).
Mars lrrigatiolt rvill install irrigatitxr tiorrte South ol thc prxrl huiltling ( 2sl island arca. turt).
Mars lrrigalion wc will pnrvitlc lull coveragc l() cnsurc propct walcring
Mars lrrigatirrrr wc will install irrigation in tlre Soutlt ttrrl acrcit akrng sitlcwalk.
Mars irrigatiorr will insrnll scptrlittc zotrc lirr thc lanrlscapc acrca onlv.
Total Pricc 5.5()()0()
Phone#Web SIe
Total $s.-s(x)'rx)
(630)910‐0234 MARSiRR:()A HONIN(｀('OM
MARSIRRIGAT10N IN(｀
20W43i Cobb Court
DowllcrS Gx)vc,IL 6()516
Name i Address
Villagc ol'Oak Bnxrk
Ilutlcr (krvcrnrncnt ('cnlcr lrrigrt iorr
l2(X) Oak []rrxrk lkratl
Estimate
Date Es∥mate#
4′6′2019
Item Description Qty Total
RAIN‐BIRD
RAIN―BIRD
RAIN‐BIRD
iRRITR01
80X
WIRE
RAIN‐BIRD
l｀()tal
Railibirtl Esplx,1lc 8 statiol1 1:Tigatio:l co,lt,oHcr
itlncc3g cc∥ular ctl:d l.his、vi:la∥()、vy()u(),crtliC Via()11
FINE PiPE 1/2"
Vaivcs l"
BOXlヒ )r valvc
i8/i3AU(｀l・
Scnsor
sitc rvith a tahlct
'l ota l [)riccl|565||7.5()()01)
Phone #Web Slte
Total $7.s(xl (x)
(()30)(夕 |()-0234 MARSIRRl(;All(|)NIN(｀(｀()M
EXIIBrr B
ユNSじRANCE REQ1/1REMENrS)
Certificates of Insurance shall be presented to tlte Village upon execution of this contract and vendor shall not
commenc€ work until it provides and receives acceptance of insurance certificates from the Village as required by this
exhibit.
Each contractor performing any work pursuant [o a contract with the Village of Oak Brook and each permittee working
under a permit as required pursuant to the provisions of Title I 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 permibtee 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 Ineured ehall procure a bond guaranteeing payment of losses and related
investigations, claim adminietration 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 -
(l)The Village, its offrcers, ofhcials, ernployees 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, o(ficials, employees, volunteers, or agents.
(Z)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, offtcials,
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.
(B)Any failure to comply wit,h reporting provisions of the policies shall not affect coverage provided to the Village,
its officers, officials, employees, volunteers or agents.
( )The Insured's insurance shall apply separately to each covered party againsl 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 offrcers, offrcials, employees,
volunteers and agents for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to stat,e that coverage shall nol 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 offrcers, offtcials and employees, volunteers and
agents as additional Insureds. Insurance is to be placed wit.h insurers with a Best's rating of no less than A: WI.
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 ofall 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 ail of the requirements
stated herein.8