PW Tree Lighting ProjectTO:
VILLAGE OF OAK BR00K
CONTRACT FOR THE
PUBLIC WORKS TREE LIGHTING PROJECT
Full Name of Contractor:ヽlars lrrigation lnc ぐ`COrt,″acι O〆')
Principa1 0fflce Address:20ヽ V431 Cobb Court,Downers Grove,Illinois 60526
Contact Person: Rodolfo Marsico. Owner Telephone Number:(630)910‐0234
Village of Oak Brcok ("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Patchin, Public Works Director
Contrqctor warrqnts and represents l.hat Contractor has
carefully emmined the Work Site described belou: and
has reuiewed, and understood all documents included,
referred to, or nentioned in this 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 forth, in this Contract, all of the following,
all ofwhich is herein relerred to as the "Work":
5. Miscellaneous. Do all other things required
of Coniractor by this Contraci; and
6. Oualitv. 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 pursuanl, to this
Contract, and with the greatest economy,
efficiency, and expedition consistent
therewith, with only new, undamaged, and
first quality equipment, materials, and
supplies.
lJ. Performance Standards.Contractor
acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
the invoice dated April 8, 2019, attached hereto as
Exhibit A.
C, Resoonsibilitv 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 property or pereons a8
a result of the work.
l. Labor. Eouioment. Materials. and Suoolies.
Provide, perform, and complete, in the
manner specifred and described in this
Contract, all necessary work, labor, services,
transportation, equipment, materials,
supplies, information, data, and other means
and items necessary for the Public Works
Tree l,ighting Project, as epecified in Exhibit
A, attached hereto, at Oak Brook Public
Works Building, 3003 Jorie Blvd, Oak
Brook, Illinois 60523 ("Worft Site"):
2. Permits. The Village will furnish all
permits, licenses, and other governmental
approvals and authorizations necessary in
connection therewith:
3. lor]llalee. Procure and lurnisb insurance
certificates specified in this Contract;
4. Taxes. Pay all applicable federal, state, and
local taxes;
D. Insrection/Testine/Reiection. Village ehall 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 oiher 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 Priee
Contractor acknowledges and agrees that Coniractor
shall take in full payment for all Work and other matierg
set forth under Section I above, including overhead and
profit; taxes, contributions, and premiums; and
compensation to all subcontractors and suppliers, the
compensation 8et forth below.
A. SCHEDULE OF PRICES
For providing, performing, and completing all
Work, the total Contract Price of $7,600.00
TOTAL CONTRACT PRICE (in writing):
Seven Thousand Six Hundred Dollars Only
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
salee, use, and excise taxes, that no such
taxea are included in the Schedule of Prices,
and that all claim or right to claim any
additional compen8ation 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 ol and partial or hnal waivere 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 doya following the
Village's acceptance of this Contract provided Contractor
shall have furnished to the Village all bonds and all
insurance certificatee 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 June 30, 2019 ("Time of
Perfonnance"). The Village may modif' the Time of
Performance at any time upon l5 days prior written
notice to the Contractor. Delaye caueed 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 ofeither Contractor or ofthe Village.
4. Financial Assurance
A. lnsurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
evidencing the minimum insurance coverages and limits
set forth in Exhibit B within l0 days following the
Village's acceptance ofthis Contract. Such policies shall
be in [orm, 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
limitatron on Conlractor's duty to carry adequate
ineurance 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 Dxhibit B.
B. Indemnihcation. Contractor acknowledges and
agrees that Contractor shall indemnifu and save
harmless the Village against all damages, liability,
claime, losses, and expenses (including attorneys' fee)
that may arise, or be alleged to have arisen, out of or in
connection with Contractor'e performance o{ or failure to
perform, the Work or any part thereof, or any failure to
meet ihe representation8 and warrantie8 set forth in
Section 6 ofthis Contract.
D. Penalties. Contractor acknowledges and agrees
that Contractor shall be solely liable for any fines or civil
penalties ihat 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 thereol
5. Firrn Prorosal
All prices and other terms Etated in this Contract are
firm and shall not be subject. to withdrawal, escalation,
or change.
6. Contractor'sRepresentatiopsandWarrantieg
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows:
A. The Work. The Work. and ail of its components,
shall strictly conform to the requirements of this
Coniract, including, without limitation, the perlormance
standards set forth in Subsection lB of this Contract;
and shall be fit, sulficient, and suitable for the purpoees
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 ihe Village.
B. Comoliance with Laws. The Work, and all of its
components, shall be provided, performed, and completed
in compliance with, and Contractor agrees to be bound
try. all applicable federal, state, and local laws, ordere,
rules, and regulations, as they may be modified or
amended from time to time, including without limitation
the Prevailing Wage Act, 820 ILCS 130/0.01 et ses. (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 atlached as an
Appendix to this Contract; if the Illinois Depariment of
Labor revises the prevailing rate of hourly wages to be
pard, 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 claesification; 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
oI state or local government as a result of 1i) a
delinquency in the payment of any tax adminietered by
the Illinois l)epartment of Revenue unless Contractor ie
coniesting, in accordance with the procedures
established by the appropriate Revenue Act, its liability
for the iax or the amount of tax, as set forih in 65 ILCS
5l11-42.1.1: or (ii) a violation of either Section 338-3 or
Section 338-4 of Article 33 of the Criminal Code of 1961,
720 ILCS 5/338- l 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 aet forth above.
7. AcknowledEemelts
ln submitting this Contract, Contractor
acknowledges and agrees that:
A. Reliance. The Village is relying on
warranties, representations, and statements made
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 ihe performance
of all terms and provisions of this Contract and, except
where stated otherwise references in thie Contract to
days shall be construed to refer to calendar days and
time.
E. No Waiver. No examination, inspection.
investigation, teat, measurement, review, determination,
decieion, 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 ol 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 nooeonforming Work, nor
operate to waive or otherwise diminish ihe effect of any
repres€ntation or warranty made by Contractori or of
any requirement or provision of this Contract; or of any
remedy, power, or right of the village.
P. Severabilitv. It is hereby expressed to be the
intent of the parties to this Contract that should any
provision. covenani, agreement, or portion of this
Contract or iis 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 aa may be, the purpoae and intent
of this Contract to the greatest extent permitted by
applicable law.
G. Amendmente and Modifications. No amendment
or modification lo 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. Assignmeni. 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. Governing 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 Illinois. Venue for any action arising out of
or due to this Contract shall tre in the Circuit Court for
DuPage County, Illinois-
J. Certihed Pavrolls. Contractor shall, in
accordance with Section 5 of the Illinoie Prevailing Wage
Act, 820 ILCS 130i5, 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 tly 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 frling a
certihed payroll that he or she knows io be false is a
Class B misdemeanor. A general coniractor may rely
upon the certification of a lower tier subcontractor,
provided that the g€neral contractor does not knowingly
rely upon a Bubcontractor's false certihcation. 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
offrcers and agents, and to the f)irector of the Illinois
Department of Labor and his or hers deputies and
agents; and (ii) at all reagqnable hours at a location
within this State.
K. Conflicts 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
Coniractor 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 Coniractor 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 exisig
between Exhibit A and Exhibit B. the terms of Exhibit B
shall prevail.
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 Conlidential Information. The
Consultant shall hold confidential all Confidential
Information and shall not disclose or use such
Confidential Information without the express pior
written consent of the Village. The Consultant shall
use reasonable meaaures at least aB 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 aBreement
before obtaining access to Confidential Information.4
IN WITNESS WHEREOF the parties hereto
effective on
ATTEST:
By
VILLAGE OF OAK BROOK, an Illinois
municipal corporation
Charlotte Pruss, Village Clerk F. Ginex, Village M
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EXHIBIT B
(INSURANCE REQUIREMENTS)
Certificatee of Insurance shall be preeented 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 ofOak Brook and each permittee working
under a permit as required pursuant to the provisions of Title I of Chapter 6 of the Code ofOrdinances of the Village of
Oak Brook (hereinafter referred to as "lnsured") shall be required to carry such insurance as specified herein. Such
contractor and permittee shall procure and maintain for the duration ofthe contract or permit insurance against claims
for injuriee to persons or damages to property which may arise from or in clnnection with the performance of the work
under the contract or permit, either by the contractor, permitt€e, or their agents, representatives, employees or
subcontractors.
A contractor or permittee shall maintain ineurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurence for bodily injury, personal injury and
property damage;
B. Automobile Liability (ifapplicable) - 91,00O,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-ineured retention must be declared to and approved by the Village. At the option ofthe Village,
either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers,
olficials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related
investigations. claim administration and defense expenses to the exlent ofsuch 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, olEciale, 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,
occupred or used by the Insured. The coverage shall contain no special limitations on the smpe of
protection afforded to the Village, its offlcers, o{Iicials, employeeo, volunteers, or agents.
(2)The Insured's insurance coverage shall tre primary ingurance as respects the Village, its officers, ofncials,
employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its oflicers,
officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not
contribute with ii.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village,
its officers, olficials, employeee, volunteers or agente.
(4)The Insured's insurance shall apply separately to each covered party againet whom claim ie made or suit is
brought except with respect to the limits ofthe insurer's liability.
E. Workey's Compensation and Employer's Liatrility Coverage
The policy shall waive all rights of subrogation against the Village, its officers, offrcials, employeee,
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) dayE prior written notice by certified mail has been given
to the Village, Each ineurance policy shall name the Village, its officers. o{ficials and employees, volunteers and
agents a8 additional Ingureds. Insuranc.e is to be placed wil,h insurer€ with a Best's rating of no less thanAt VII.
Each Insured shall furnish the Village with certiEcates of insurance and with original endorsements effecting
coverage rcquired by this provision. The certihcate and endorsements for each ineurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf- The certihcates 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 insur€ds under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requiremente
stated herein.8