Directional Boring VILLAGE OF OAK BROOK
CONTRACT FOR THE
DIRECTIONAL BORING PROJECT
Full Name of Contractor:Mars Irrigation Inc. ("Contractor")
Principal Office Address: 20W431 Cobb Court, Downers Grove, Illinois 60526
Contact Person: Rodolfo Marsico, Owner Telephone Number: (630)910-0234
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Patchin,Public Works Director
Contractor warrants and represents that Contractor has
carefully examined the Work Site described below and
has reviewed and understood all documents included,
referred to,or mentioned in this bound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and 5. Miscellaneous. Do all other things required
expense, provide, perform, and complete, in the manner of Contractor by this Contract;and
specified and described, and upon the terms and
conditions set forth, in this Contract, all of the following, 6. Qualit . Provide, perform, and complete all
all of which is herein referred to as the"Work": of the foregoing in a proper and workmanlike
manner, consistent with the standards of
1. Labor, Equipment. Materials and Supplies. recognized professional firms in performing
Provide, perform, and complete, in the Work of a similar nature, in full compliance
manner specified and described in this with, and as required by or pursuant, to this
Contract, all necessary work, labor, services, Contract, and with the greatest economy,
transportation, equipment, materials, efficiency, and expedition consistent
supplies, information, data, and other means therewith, with only new, undamaged, and
and items necessary for the Directional first quality equipment, materials, and
Boring Project, as specified in Exhibit A, supplies.
attached hereto, in Oak Brook, Illinois 60523
("Work Site"); B. Performance Standards. Contractor
acknowledges and agrees that all Work shall be fully
2. Permits. The Village will furnish all provided, performed, and completed in accordance with
permits, licenses, and other governmental the Estimate #215 dated October 5, 2020, attached
approvals and authorizations necessary in hereto as Exhibit A.
connection therewith;
C. Responsibility for Damage or Loss. Contractor
3. Insurance. Procure and furnish insurance proposes, and agrees, that Contractor shall be
certificates specified in this Contract; responsible and liable for, and shall promptly and
without charge to Village repair or replace, any damage
4. Taxes. Pay all applicable federal, state, and done to, and any loss or injury suffered by, the Village,
local taxes; the Work, the Work Site, or other property or persons as
a result of the Work.
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D. Inspection/Testing/Reiection. Village shall have All payments may be subject to deduction or
the right to inspect all or any part of the Work and to setoff by reason of any failure of Contractor to
reject all or any part of the Work that is, in Village's perform under this Contract. Each payment
judgment, defective or damaged or that in any way fails shall include Contractor's certification of the
to conform strictly to the requirements of this Contract value of, and partial or final waivers of lien
and the Village, without limiting its other rights or covering, all Work for which payment is then
remedies, may require correction or replacement at requested and Contractor's certification that all
Contractor's cost, perform or have performed all Work prior payments have been properly applied to
necessary to complete or correct all or any part of the the payment or reimbursement of the costs with
Work that is defective, damaged, or nonconforming and respect to which they were paid.
charge Contractor with any excess cost incurred thereby,
or cancel all or any part of any order or this Contract. 3. Contract Time
Work so rejected may be returned or held at Contractor's
expense and risk. Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days following the
2. Contract Price Village's acceptance of this Contract provided Contractor
shall have furnished to the Village all bonds and all
Contractor acknowledges and agrees that Contractor insurance certificates specified in this Contract
shall take in full payment for all Work and other matters ("Commencement Date'). Contractor further
set forth under Section 1 above, including overhead and acknowledges and agrees that Contractor shall perform
profit; taxes, contributions, and premiums; and the Work diligently and continuously and shall complete
compensation to all subcontractors and suppliers, the the Work no later than November 30, 2020 ("Time of
compensation set forth below. Performance"). The Village may modify the Time of
Performance at any time upon 15 days prior written
A. SCHEDULE OF PRICES notice to the Contractor. Delays caused by the Village
shall extend the Time of Performance; provided,
For providing, performing, and completing all however, that Contractor shall be responsible for
Work,the total Contract Price of$8,500.00 completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by
TOTAL CONTRACT PRICE(in writing): employees of either Contractor or of the Village.
Eight Thousand Five Hundred Dollars 4. Financial Assurance
B. BASIS FOR DETERMINING PRICES A. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
It is expressly understood and agreed that: evidencing the minimum insurance coverages and limits
set forth in Exhibit B within 10 days following the
1. All prices stated in the Schedule of Prices Village's acceptance of this Contract. Such policies shall
are firm and shall not be subject to be in form, and from companies, acceptable to the
escalation or change; Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
2. The Village is not subject to state or local limits and shall not be construed in any way as a
sales, use, and excise taxes, that no such limitation on Contractor's duty to carry adequate
taxes are included in the Schedule of Prices, insurance or on Contractor's liability for losses or
and that all claim or right to claim any damages under this Contract. The minimum insurance
additional compensation by reason of the coverages and limits that shall be maintained at all
payment of any such tax is hereby waived times while providing, performing, or completing the
and released; Work are as set forth in Exhibit B.
3. All other applicable federal, state, and local B. Indemnification. Contractor acknowledges and
taxes of every kind and nature applicable to agrees that Contractor shall indemnify and save
the Work are included in the Schedule of harmless the Village against all damages, liability,
Prices. claims, losses, and expenses (including attorneys' fee)
that may arise, or be alleged to have arisen, out of or in
C. TIME OF PAYMENT connection with Contractor's performance of, or failure to
perform, the Work or any part thereof, or any failure to
It is expressly understood and agreed that all meet the representations and warranties set forth in
payments shall be made upon completion of the Section 6 of this Contract.
work and final approval by the Village.
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D. Penalties. Contractor acknowledges and agrees 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
that Contractor shall be solely liable for any fines or civil Section 33E-4 of Article 33 of the Criminal Code of 1961,
penalties that are imposed by any governmental or 720 ILCS 5/33E-1 et 3eMc.
quasi-governmental agency or body that may arise, or be
alleged to have arisen, out of or in connection with D. Qualified. Contractor has the requisite
Contractor's performance of, or failure to perform, the experience, ability, capital, facilities, plant, organization,
Work or any part thereof. and staff to enable Contractor to perform the Work
successfully and promptly and to commence and
5. Firm Proposal complete the Work within the Contract Price and
Contract Time set forth above.
All prices and other terms stated in this Contract are
firm and shall not be subject to withdrawal, escalation, 7. Acknowledgements
or change.
In submitting this Contract, Contractor
6. Contractor's Representations and Warranties acknowledges and agrees that:
In order to induce the Village to accept this Contract, A. Reliance. The Village is relying on all
Contractor hereby represents and warrants as follows: warranties, representations, and statements made by
Contractor in this Contract.
A. The Work. The Work, and all of its components,
shall strictly conform to the requirements of this B. Acceptance. If this Contract is accepted,
Contract, including, without limitation, the performance Contractor shall be bound by each and every term,
standards set forth in Subsection 1B of this Contract; condition, or provision contained in this Contract.
and shall be fit, sufficient, and suitable for the purposes
expressed in, or reasonably inferred from, this Contract C. Remedies. Each of the rights and remedies
and the warranties expressed herein shall be in addition reserved to the Village in this Contract shall be
to any other warranties expressed or implied by law, cumulative and additional to any other or further
which are hereby reserved unto the Village. remedies provided in law or equity or in this Contract.
B. Compliance with Laws. The Work, and all of its D. Time. Time is of the essence in the performance
components, shall be provided,performed, and completed of all terms and provisions of this Contract and, except
in compliance with, and Contractor agrees to be bound where stated otherwise references in this Contract to
by, all applicable federal, state, and local laws, orders, days shall be construed to refer to calendar days and
rules, and regulations, as they may be modified or time.
amended from time to time, including without limitation
the Prevailing Wage Act, 820 ILCS 130/0.01 et sea. (in E. No Waiver. No examination, inspection,
furtherance of which, a copy of Village's ordinance investigation, test, measurement, review, determination,
ascertaining the prevailing rate of wages, in effect as of decision, certificate, or approval by the Village, whether
the date of this Contract, has been attached as an before or after the Village's acceptance of this Contract;
Appendix to this Contract; if the Illinois Department of nor any information or data supplied by the Village,
Labor revises the prevailing rate of hourly wages to be whether before or after the Village's acceptance of this
paid, the revised rate shall apply to this Contract); any Contract; nor any order by the Village for the payment of
other prevailing wage laws; any statutes requiring money; nor any payment for, or use, possession, or
preference to laborers of specified classes; any statutes acceptance of, the whole or any part of the Work by the
prohibiting discrimination because of, or requiring Village; nor any extension of time granted by the Village;
affirmative action based on, race, creed, color, national nor any delay by the Village in exercising any right
origin, age, sex, or other prohibited classification; and under this Contract; nor any other act or omission of the
any statutes regarding safety or the performance of the Village shall constitute or be deemed to be an acceptance
Work. Further, Contractor shall have a written sexual of any defective, damaged, or nonconforming Work, nor
harassment policy in compliance with Section 2-105 of operate to waive or otherwise diminish the effect of any
the Illinois Human Rights Act during the course of the representation or warranty made by Contractor; or of
work. any requirement or provision of this Contract; or of any
C. Not Barred. Contractor is not barred by law remedy,power, or right of the Village.
from contracting with the Village or with any other unit F. Severability. It is hereby expressed to be the
of state or local government as a result of (i) a intent of the parties to this Contract that should any
delinquency in the payment of any tax administered by provision, covenant, agreement, or portion of this
the Illinois Department of Revenue unless Contractor is Contract or its application to any Person or property be
contesting, in accordance with the procedures held invalid by a court of competent jurisdiction, the
established by the appropriate Revenue Act, its liability remaining provisions of this Contract and the validity,
for the tax or the amount of tax, as set forth in 65 ILCS enforceability, and application to any Person or property
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shall not be impaired thereby, but the remaining K. Conflicts of Interest. Contractor represents and
provisions shall be interpreted, applied, and enforced so certifies that, to the best of its knowledge, (1) no elected
as to achieve, as near as may be, the purpose and intent or appointed Village official, employee or agent has a
of this Contract to the greatest extent permitted by personal financial interest in the business of the
applicable law. Contractor or in this Agreement, or has
g personally
received payment or other consideration for this
G. Amendments and Modifications. No amendment Agreement; (2) as of the date of this Agreement, neither
or modification to this Contract shall be effective until it Contractor nor any person employed or associated with
is reduced to writing and approved and executed by the Contractor has any interest that would conflict in any
corporate authorities of the parties in accordance with all manner or degree with the performance of the
applicable statutory procedures. obligations under this Agreement; and (3) neither
Contractor nor any person employed by or associated
H. Assignment. Neither this Contract, nor any with Contractor shall at any time during the term of this
interest herein, shall be assigned or subcontracted, in Agreement obtain or acquire any interest that would
whole or in part, by Contractor except upon the prior conflict in any manner or degree with the performance of
written consent of the Village. the obligations under this Agreement.
1. Governing Law: Venue. This Contract shall be L. Exhibits and Other Agreements. If any conflict
governed by, construed and enforced in accordance with exists between this Agreement and any exhibit attached
the internal laws, but not the conflicts of laws rules, of hereto or any other Agreement between the parties
the State of Illinois. Venue for any action arising out of relating to this transaction, the terms of this Agreement
or due to this Contract shall be in the Circuit Court for shall prevail.
DuPage County, Illinois.
J. Certified Payrolls. Contractor shall, in
M. No Disclosure of Confidential Information by
the Consultant. The Consultant acknowledges that it
accordance with Section 5 of the Illinois Prevailing Wage shall, in performing the Services for the Village under
Act, 820 ILLS 130/5, submit to the Village, on a monthly this Agreement, have access, or be directly or
basis, a certified payroll. The certified payroll shall
consist of a complete copy of those records required to be indirectly exposed, to Confidential Information. The
made and kept by the Prevailing Wage Act. The certified Consultant shall hold confidential all Confidential
payroll shall be accompanied by a statement signed by Information and shall not disclose or use such
the Contractor or subcontractor which certifies that: (1) Confidential Information without the express prior
such records are true and accurate; (2) the hourly rate written consent of the Village. The Consultant shall
paid is not less than the general prevailing rate of hourly use reasonable measures at least as strict as those the
wages required by the Prevailing Wage Act; and (3) Consultant uses to protect its own confidential
Contractor or subcontractor is aware that filing a information. Such measures shall include, without
certified payroll that he or she knows to be false is a limitation, requiring employees and subcontractors of
Class B misdemeanor. A general contractor may rely the Consultant to execute a nondisclosure agreement
upon the certification of a lower tier subcontractor, before obtaining access to Confidential Information.
provided that the general contractor does not knowingly
rely upon a subcontractor's false certification. Upon two
business days' notice, Contractor and each subcontractor
shall make available for inspection the records required
to be made and kept by the Act: (i) to the Village, its
officers and agents, and to the Director of the Illinois
Department of Labor and his or hers deputies and
agents; and (ii) at all reasonable hours at a location
within this State.
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IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have cause this Agreement to be executed, municipal corporation
effective on ',431?f )Cq, 2020.
ATTFS' :
Bv: ,
B3':
Charlotte Pruss,Village Clerk Riccardo F. Ginex, Village Man ger
ATTEST: MARS IRRIGATION INC.
By: By:
Its: ' Its:
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EXHIBIT A
(ESTIMATE#215 DATED OCTOBER 5, 2020)
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MARS IRRIGATION INC. Estimate
20W431 Cobb Court Date Estimate#
Downers Grove,IL 60516
10/5/2020 215
M
ress Brookation
ment Center lrngok Road
60523-2255
Qty Total
Description 0.00
Item
boring Directional boring we dig 150 feet a hand hole by bu and continue 350
gtwe
west and continua e aril X1.5 inches wMobe inside
are installing 3 p p 500.00
Total Total Price
I
401500.00
Phone# Total
(630)910-0234
EXHIBIT B
(INSURANCE REQUIREMENTS)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not
commence work until it provides and receives acceptance of insurance certificates from the Village as required by this
exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working
under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of
Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such
contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the performance of the work
under the contract or permit, either by the contractor, permittee, or their agents, representatives, employees or
subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and
property damage;
B. Automobile Liability(if applicable)- $1,000,000 combined single limit per accident for bodily injury and property
damage;
C. Worker's Compensation and Employer's Liability-Worker's Compensation limits as required by the Labor Code
of the State of Illinois and Employer's Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village,
either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village,its officers,
officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related
investigations,claim administration and defense expenses to the extent of such deductible or self-insured retention.
The policies shall contain,or be endorsed to contain,the following provisions:
D. General Liability and Automobile Liability Coverage-
(1)The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Insured; premises owned,
occupied or used by the Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village,its officers,officials,employees,volunteers,or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials,
employees,volunteers and agents. Any insurance or self-insurance maintained by the Village,its officers,
officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not
contribute with it.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village,
its officers,officials,employees,volunteers or agents.
(4)The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is
brought except with respect to the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees,
volunteers and agents for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either
party,reduced in coverage or in limits except after thirty(30)days prior written notice by certified mail has been given
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to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and
agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A:VII.
Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting
coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms
approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village
reserves the right to require complete,certified copies of all required insurance policies, at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
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