Village-wide Sprinkler System Opening and Closing Services 2022-2024 VILLAGE OF OAK BROOK
CONTRACT FOR THE
VILLAGE-WIDE SPRINKLER SYSTEM OPENING AND CLOSING SERVICES 2022-2024
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: 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
expense, provide, perform, and complete, in the manner 5. Miscellaneous. Do all other things required
specified and described, and upon the terms and of Contractor by this Contract; and
conditions set forth, in this Contract, all of the following,
all of which is herein referred to as the"Work": 6. Quality. Provide, perform, and complete all
of the foregoing in a proper and workmanlike
1. Labor, Equipment, Materials, and Supplies. manner, consistent with the standards of
Provide, perform, and complete, in the recognized professional firms in performing
manner specified and described in this Work of a similar nature, in full compliance
Contract, all necessary work, labor, services, with, and as required by or pursuant, to this
transportation, equipment, materials, Contract, and with the greatest economy,
supplies, information, data, and other means efficiency, and expedition consistent
and items necessary for the Village-Wide therewith, with only new, undamaged, and
Sprinkler System Opening and Closing first quality equipment, materials, and
Services as specified in Exhibit A, attached supplies.
hereto, at various locations 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 #225 dated May 14, 2021, attached hereto
approvals and authorizations necessary in 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/Rejection. 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 All payments may be subject to deduction or
judgment, defective or damaged or that in any way fails setoff by reason of any failure of Contractor to
to conform strictly to the requirements of this Contract perform under this Contract. Each payment
and the Village, without limiting its other rights or shall include Contractor's certification of the
remedies, may require correction or replacement at value of, and partial or final waivers of lien
Contractor's cost, perform or have performed all Work covering, all Work for which payment is then
necessary to complete or correct all or any part of the requested and Contractor's certification that all
Work that is defective, damaged, or nonconforming and prior payments have been properly applied to
charge Contractor with any excess cost incurred thereby, the payment or reimbursement of the costs with
or cancel all or any part of any order or this Contract. respect to which they were paid.
Work so rejected may be returned or held at Contractor's
expense and risk. 3. Contract Time
2. Contract Price Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days following the
Contractor acknowledges and agrees that Contractor Village's acceptance of this Contract provided Contractor
shall take in full payment for all Work and other matters shall have furnished to the Village all bonds and all
set forth under Section 1 above, including overhead and insurance certificates specified in this Contract
profit; taxes, contributions, and premiums; and ("Commencement Date"). Contractor further
compensation to all subcontractors and suppliers, the acknowledges and agrees that Contractor shall perform
compensation set forth below. the Work diligently and continuously and shall complete
the Work no later than November 30 for each year
A. SCHEDULE OF PRICES (2022, 2023, and 2024) ("Time of Performance"). The
Village may modify the Time of Performance at any time
For providing, performing, and completing all upon 15 days prior written notice to the Contractor.
Work, the total Contract Price of $17,100.00 Delays caused by the Village shall extend the Time of
($5,700.00 for 2022, 2023, and 2024) Performance; provided, however, that Contractor shall
be responsible for completion of all Work within the
TOTAL CONTRACT PRICE (in writing): Time of Performance, notwithstanding any strike or
other work stoppage by employees of either Contractor or
Seventeen Thousand One Hundred Dollars of the Village.
Only
4. Financial Assurance
B. BASIS FOR DETERMINING PRICES
A. Insurance. Contractor acknowledges and agrees
It is expressly understood and agreed that: that Contractor shall provide certificates of insurance
evidencing the minimum insurance coverages and limits
1. All prices stated in the Schedule of Prices set forth in Exhibit B within 10 days following the
are firm and shall not be subject to Village's acceptance of this Contract. Such policies shall
escalation or change; be in form, and from companies, acceptable to the
Village. The insurance coverages and limits set forth
2. The Village is not subject to state or local Exhibit B shall be deemed to be minimum coverages and
sales, use, and excise taxes, that no such limits and shall not be construed in any way as a
taxes are included in the Schedule of Prices, limitation on Contractor's duty to carry adequate
and that all claim or right to claim any insurance or on Contractor's liability for losses or
additional compensation by reason of the damages under this Contract. The minimum insurance
payment of any such tax is hereby waived coverages and limits that shall be maintained at all
and released; times while providing, performing, or completing the
Work are as set forth in Exhibit B.
3. All other applicable federal, state, and local
taxes of every kind and nature applicable to B. Indemnification. Contractor acknowledges and
the Work are included in the Schedule of agrees that Contractor shall indemnify and save
Prices. harmless the Village against all damages, liability,
claims, losses, and expenses (including attorneys' fee)
C. TIME OF PAYMENT that may arise, or be alleged to have arisen, out of or in
connection with Contractor's performance of, or failure to
It is expressly understood and agreed that all perform, the Work or any part thereof, or any failure to
payments shall be made upon completion of the meet the representations and warranties set forth in
work and final approval by the Village. Section 6 of this Contract.
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established by the appropriate Revenue Act, its liability
for the tax or the amount of tax, as set forth in 65 ILCS
C. 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 seq.
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 113 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 seq. (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
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remaining provisions of this Contract and the validity, K. Conflicts of Interest. Contractor represents and
enforceability, and application to any Person or property certifies that, to the best of its knowledge, (1) no elected
shall not be impaired thereby, but the remaining or appointed Village official, employee or agent has a
provisions shall be interpreted, applied, and enforced so personal financial interest in the business of the
as to achieve, as near as may be, the purpose and intent Contractor or in this Agreement, or has personally
of this Contract to the greatest extent permitted by received payment or other consideration for this
applicable law. Agreement; (2) as of the date of this Agreement, neither
Contractor nor any person employed or associated with
G. Amendments and Modifications. No amendment Contractor has any interest that would conflict in any
or modification to this Contract shall be effective until it manner or degree with the performance of the
is reduced to writing and approved and executed by the obligations under this Agreement; and (3) neither
corporate authorities of the parties in accordance with all Contractor nor any person employed by or associated
applicable statutory procedures. with Contractor shall at any time during the term of this
Agreement obtain or acquire any interest that would
H. Assignment. Neither this Contract, nor any conflict in any manner or degree with the performance of
interest herein, shall be assigned or subcontracted, in the obligations under this Agreement.
whole or in part, by Contractor except upon the prior
written consent of the Village. L. Exhibits and Other Agreements. If any conflict
exists between this Agreement and any exhibit attached
I. Governing Law; Venue. This Contract shall be hereto or any other Agreement between the parties
governed by, construed and enforced in accordance with relating to this transaction, the terms of this Agreement
the internal laws, but not the conflicts of laws rules, of shall prevail.
the State of Illinois. Venue for any action arising out of
or due to this Contract shall be in the Circuit Court for M. No Disclosure of Confidential Information by
DuPage County, Illinois. the Consultant. The Consultant acknowledges that it
J. Certified Payrolls. Contractor shall, in shall, in performing the Services for the Village under
accordance with Section 5 of the Illinois Prevailing Wage this Agreement, have access, or be directly or
Act, 820 ILCS 130/5, submit to the Village, on a monthly indirectly exposed, to Confidential Information. The
basis, a certified payroll. The certified payroll shall Consultant shall hold confidential all Confidential
consist of a complete copy of those records required to be Information and shall not disclose or use such
made and kept by the Prevailing Wage Act. The certified Confidential Information without the express prior
payroll shall be accompanied by a statement signed by written consent of the Village. The Consultant shall
the Contractor or subcontractor which certifies that: (1) use reasonable measures at least as strict as those the
such records are true and accurate; (2) the hourly rate Consultant uses to protect its own confidential
paid is not less than the general prevailing rate of hourly information. Such measures shall include, without
wages required by the Prevailing Wage Act; and (3) limitation, requiring employees and subcontractors of
Contractor or subcontractor is aware that filing a the Consultant to execute a nondisclosure agreement
certified payroll that he or she knows to be false is a before obtaining access to Confidential Information.
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 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 INITNESS WHEREOF the parties hrreto VILLAGE OF OAK BROOK, an Illinois
h.avo caused 1 )is Agree►a to he e'xe'ruted. munivipal corporation
vffi�cl iv AS, `021.
Village Clerk
ATTEST: MARS IRRIGATION INC.
By: By: -/��
Its: Its: /
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EXHIBIT A
(ESTIMATE#225 DATED MAY 14, 2021)
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MARS IRRIGATION INC. Estimate
20W431 Cobb Court
Downers Grove, IL 60516 Date Estimate No.
5/14/2021 225
Name/Address
Village of Oak Brook
Butler Government Center Irrigation
1200 Oak Brook Road
Oak Brook, IL 60523-2255
Project
Description Qty Rate Total
OPEN AND CLOSE VILLAGE-WIDE SRINKLER SYSTEM FOR 2022-2024 3 5700.00 17,100.00
Total $17,100.00
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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