RPZ Testing 2022-2026 VILLAGE OF OAK BROOK
CONTRACT FOR THE
RPZ TESTING SERVICES 2022-2026
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, 5. Miscellaneous. Do all other things required
and agrees, that Contractor shall, at its sole cost and of Contractor by this Contract; and
expense, provide, perform, and complete, in the manner
specified and described, and upon the terms and 6. Qualit . Provide, perform, and complete all
conditions set forth, in this Contract, all of the following, of the foregoing in a proper and workmanlike
all of which is herein referred to as the"Work": manner, consistent with the standards of
recognized professional firms in performing
1. Labor Equipment, Materials, and Supplies. Work of a similar nature, in full compliance
Provide, perform, and complete, in the with, and as required by or pursuant, to this
manner specified and described in this Contract, and with the greatest economy,
Contract, all necessary work, labor, services, efficiency, and expedition consistent
transportation, equipment, materials, therewith, with only new, undamaged, and
supplies, information, data, and other means first quality equipment, materials, and
and items necessary for the RPZ Testing supplies.
Services as specified in Exhibit A, attached
hereto, at various locations in Oak Brook, B. Performance Standards. Contractor
Illinois 60523("Work Site"); acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
2. Permits. The Village will furnish all the Estimate #224 dated May 14, 2021, attached hereto
permits, licenses, and other governmental as Exhibit A.
approvals and authorizations necessary in
connection therewith; C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
3. Insurance. Procure and furnish insurance responsible and liable for, and shall promptly and
certificates specified in this Contract; without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
4. Taxes. Pay all applicable federal, state, and the Work, the Work Site, or other property or persons as
local taxes; a result of the Work.
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D. Inspection/Testing/Reiection. Village shall have C. TIME OF PAYMENT
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 It is expressly understood and agreed that final
judgment, defective or damaged or that in any way fails payment shall be made upon completion of the
to conform strictly to the requirements of this Contract work and final approval by the Village.
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 All payments may be subject to deduction or
necessary to complete or correct all or any part of the setoff by reason of any failure of Contractor to
Work that is defective, damaged, or nonconforming and perform under this Contract. Each payment
charge Contractor with any excess cost incurred thereby, shall include Contractor's certification of the
or cancel all or any part of any order or this Contract. value of, and partial or final waivers of lien
Work so rejected may be returned or held at Contractor's covering, all Work for which payment is then
expense and risk. requested and Contractor's certification that all
prior payments have been properly applied to
2. Contract Price the payment or reimbursement of the costs with
respect to which they were paid.
Contractor acknowledges and agrees that Contractor
shall take in full payment for all Work and other matters 3. Contract Time
set forth under Section 1 above, including overhead and
profit; taxes, contributions, and premiums; and Contractor acknowledges and agrees that Contractor
compensation to all subcontractors and suppliers, the shall commence the Work within 15 days following the
compensation set forth below. Village's acceptance of this Contract provided Contractor
shall have furnished to the Village all bonds and all
A. SCHEDULE OF PRICES insurance certificates specified in this Contract
("Commencement Date"). Contractor further
For providing, performing, and completing all acknowledges and agrees that Contractor shall perform
Work, the total Contract Price of $11,242.50 the Work diligently and continuously and shall complete
($1,800.00 for 2022, 2023, 2024, 2025, and the Work no later than December 31 for each year
2026) (2022, 2023, 2024, 2025, and 2026) ("Time of
($448.50 BSI Fee for 2022, 2023, 2024, 2025, Performance"). The Village may modify the Time of
and 2026) Performance at any time upon 15 days prior written
notice to the Contractor. Delays caused by the Village
TOTAL CONTRACT PRICE (in writing): shall extend the Time of Performance; provided,
however, that Contractor shall be responsible for
Eleven Thousand Two Hundred and Forty- completion of all Work within the Time of Performance,
Two Dollars and Fifty Cents Only notwithstanding any strike or other work stoppage by
employees of either Contractor or of the Village.
B. BASIS FOR DETERMINING PRICES
4. Financial Assurance
It is expressly understood and agreed that:
A. Insurance. Contractor acknowledges and agrees
1. All prices stated in the Schedule of Prices that Contractor shall provide certificates of insurance
are firm and shall not be subject to evidencing the minimum insurance coverages and limits
escalation or change; set forth in Exhibit B within 10 days following the
Village's acceptance of this Contract. Such policies shall
2. The Village is not subject to state or local be in form, and from companies, acceptable to the
sales, use, and excise taxes, that no such Village. The insurance coverages and limits set forth
taxes are included in the Schedule of Prices, Exhibit B shall be deemed to be minimum coverages and
and that all claim or right to claim any limits and shall not be construed in any way as a
additional compensation by reason of the limitation on Contractor's duty to carry adequate
payment of any such tax is hereby waived insurance or on Contractor's liability for losses or
and released; damages under this Contract. The minimum insurance
coverages and limits that shall be maintained at all
3. All other applicable federal, state, and local times while providing, performing, or completing the
taxes of every kind and nature applicable to Work are as set forth in Exhibit B.
the Work are included in the Schedule of
Prices. B. Indemnification. Contractor acknowledges and
agrees that Contractor shall indemnify and save
harmless the Village against all damages, liability,
claims, losses, and expenses (including attorneys' fee)
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that may arise, or be alleged to have arisen, out of or in C. Not Barred. Contractor is not barred by law
connection with Contractor's performance of, or failure to from contracting with the Village or with any other unit
perform, the Work or any part thereof, or any failure to of state or local government as a result of (i) a
meet the representations and warranties set forth in delinquency in the payment of any tax administered by
Section 6 of this Contract. the Illinois Department of Revenue unless Contractor is
contesting, in accordance with the procedures
established by the appropriate Revenue Act, its liability
C. Penalties. Contractor acknowledges and agrees for the tax or the amount of tax, as set forth in 65 ILCS
that Contractor shall be solely liable for any fines or civil 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
penalties that are imposed by any governmental or Section 33E-4 of Article 33 of the Criminal Code of 1961,
quasi-governmental agency or body that may arise, or be 720 ILCS 5/33E-1 et seg.
alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the D. Qualified. Contractor has the requisite
Work or any part thereof. experience, ability, capital, facilities, plant, organization,
and staff to enable Contractor to perform the Work
5. Firm Proposal successfully and promptly and to commence and
complete the Work within the Contract Price and
All prices and other terms stated in this Contract are Contract Time set forth above.
firm and shall not be subject to withdrawal, escalation,
or change. 7. Acknowledgements
6. Contractor's Representations and Warranties In submitting this Contract, Contractor
acknowledges and agrees that:
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows: A. Reliance. The Village is relying on all
warranties, representations, and statements made by
A. The Work. The Work, and all of its components, Contractor in this Contract.
shall strictly conform to the requirements of this
Contract, including, without limitation, the performance B. Acceptance. If this Contract is accepted,
standards set forth in Subsection 113 of this Contract; Contractor shall be bound by each and every term,
and shall be fit, sufficient, and suitable for the purposes condition, or provision contained in this Contract.
expressed in, or reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition C. Remedies. Each of the rights and remedies
to any other warranties expressed or implied by law, reserved to the Village in this Contract shall be
which are hereby reserved unto the Village. cumulative and additional to any other or further
remedies provided in law or equity or in this Contract.
B. Compliance with Laws. The Work, and all of its
components, shall be provided, performed, and completed D. Time. Time is of the essence in the performance
in compliance with, and Contractor agrees to be bound of all terms and provisions of this Contract and, except
by, all applicable federal, state, and local laws, orders, where stated otherwise references in this Contract to
rules, and regulations, as they may be modified or days shall be construed to refer to calendar days and
amended from time to time, including without limitation time.
the Prevailing Wage Act, 820 ILCS 130/0.01 et seg. (in
furtherance of which, a copy of Village's ordinance E. No Waiver. No examination, inspection,
ascertaining the prevailing rate of wages, in effect as of investigation, test, measurement, review, determination,
the date of this Contract, has been attached as an decision, certificate, or approval by the Village, whether
Appendix to this Contract; if the Illinois Department of before or after the Village's acceptance of this Contract;
Labor revises the prevailing rate of hourly wages to be nor any information or data supplied by the Village,
paid, the revised rate shall apply to this Contract); any whether before or after the Village's acceptance of this
other prevailing wage laws; any statutes requiring Contract; nor any order by the Village for the payment of
preference to laborers of specified classes; any statutes money; nor any payment for, or use, possession, or
prohibiting discrimination because of, or requiring acceptance of, the whole or any part of the Work by the
affirmative action based on, race, creed, color, national Village; nor any extension of time granted by the Village;
origin, age, sex, or other prohibited classification; and nor any delay by the Village in exercising any right
any statutes regarding safety or the performance of the under this Contract; nor any other act or omission of the
Work. Further, Contractor shall have a written sexual Village shall constitute or be deemed to be an acceptance
harassment policy in compliance with Section 2-105 of of any defective, damaged, or nonconforming Work, nor
the Illinois Human Rights Act during the course of the operate to waive or otherwise diminish the effect of any
work. representation or warranty made by Contractor; or of
any requirement or provision of this Contract; or of any
remedy, power, or right of the Village.
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F. Severability. It is hereby expressed to be the
intent of the parties to this Contract that should any
provision, covenant, agreement, or portion of this K. Conflicts of Interest. Contractor represents and
Contract or its application to any Person or property be certifies that, to the best of its knowledge, (1) no elected
held invalid by a court of competent jurisdiction, the or appointed Village official, employee or agent has a
remaining provisions of this Contract and the validity, personal financial interest in the business of the
enforceability, and application to any Person or property Contractor or in this Agreement, or has personally
shall not be impaired thereby, but the remaining received payment or other consideration for this
provisions shall be interpreted, applied, and enforced so Agreement; (2) as of the date of this Agreement, neither
as to achieve, as near as may be, the purpose and intent Contractor nor any person employed or associated with
of this Contract to the greatest extent permitted by Contractor has any interest that would conflict in any
applicable law. manner or degree with the performance of the
obligations under this Agreement; and (3) neither
G. Amendments and Modifications. No amendment Contractor nor any person employed by or associated
or modification to this Contract shall be effective until it with Contractor shall at any time during the term of this
is reduced to writing and approved and executed by the Agreement obtain or acquire any interest that would
corporate authorities of the parties in accordance with all conflict in any manner or degree with the performance of
applicable statutory procedures. the obligations under this Agreement.
H. Assignment. Neither this Contract, nor any L. Exhibits and Other Agreements. If any conflict
interest herein, shall be assigned or subcontracted, in exists between this Agreement and any exhibit attached
whole or in part, by Contractor except upon the prior hereto or any other Agreement between the parties
written consent of the Village. relating to this transaction, the terms of this Agreement
shall prevail.
I. Governing Law; Venue. This Contract shall be
governed by, construed and enforced in accordance with M. No Disclosure of Confidential Information by
the internal laws, but not the conflicts of laws rules, of the Consultant. The Consultant acknowledges that it
the State of Illinois. Venue for any action arising out of shall, in performing the Services for the Village under
or due to this Contract shall be in the Circuit Court for this Agreement, have access, or be directly or
DuPage County, Illinois. indirectly exposed, to Confidential Information. The
J. Certified Payrolls. Contractor shall, in Consultant shall hold confidential all Confidential
accordance with Section 5 of the Illinois Prevailing Wage Information and shall not disclose or use such
Act, 820 ILCS 130/5, submit to the Village, on a monthly Confidential Information without the express prior
basis, a certified payroll. The certified payroll shall written consent of the Village. The Consultant shall
consist of a complete copy of those records required to be use reasonable measures at least as strict as those the
made and kept by the Prevailing Wage Act. The certified Consultant uses to protect its own confidential
payroll shall be accompanied by a statement signed by information. Such measures shall include, without
the Contractor or subcontractor which certifies that: (1) limitation, requiring employees and subcontractors of
such records are true and accurate; (2) the hourly rate the Consultant to execute a non-disclosure agreement
paid is not less than the general prevailing rate of hourly before obtaining access to Confidential Information.
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 false 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 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 VILLAG'E OF ()AI( BROOK. Jjjjj)ojs
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Village Clel.h.
ATTEST: MARS IRRIGATION INC.
By: By:
Its: Its:
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EXHIBIT A
(ESTIMATE#224 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 224
Name/Address
Village of Oak Brook
Butler Government Center Irrigation
1200 Oak Brook Road
Oak Brook, IL 60523-2255
Project
Description Qty Rate Total
2022-2026 RPZ TESTING ( FOR 30 RPZ) 5 1800.00 9,000.00
2022-2026 BSI TESTING FEE ( FOR 30 RPZ) 5 448.50 2,242.50
FOR YEARES 2022-2026
Total $11,242.50
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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