R-1938 - 12/14/2021 - AGREEMENTS - Resolutions Exhibits VILLAGE OF OAK BROOK
CONTRACT FOR THE
2022 TENNIS COURT SPRING MAINTENANCE
Full Name of Contractor: C.R. Peterson, Inc. ("Contractor?')
Principal Office Address: 785 Oakwood Road, Suite S108, Lake Zurich, Illinois 60047
Contact Person: Bruce Peterson, Owner Telephone Number: (847)550-6950
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook,Illinois
Attention: Rick Valent, 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 cto 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
L 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 2022 Tennis first quality equipment, materials, and
Court Spring Maintenance, as specified in supplies.
Exhibit A 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 Proposal/Acceptance, dated November 12, 2021, 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/Rejection. Village shall have
the right to inspect all or any part of the Work and to All payments may be subject to deduction or
reject all or any part of the Work that is, in Village's setoff by reason of any failure of Contractor to
judgment, defective or damaged or that in any way fails perform under this Contract. Each payment
to conform strictly to the requirements of this Contract shall include Contractor's certification of the
and the Village, without limiting its other rights or value of, and partial or final waivers of lien
remedies, may require correction or replacement at covering, all Work for which payment is then
Contractor's cost, perform or have performed all Work requested and Contractor's certification that all
necessary to complete or correct all or any part of the prior payments have been properly applied to
Work that is defective, damaged, or nonconforming and the payment or reimbursement of the costs with
charge Contractor with any excess cost incurred thereby, respect to which they were paid.
or cancel all or any part of any order or this Contract.
Work so rejected may be returned or held at Contractor's 3. Contract Time
expense and risk.
Contractor acknowledges and agrees that Contractor
2. Contract Price shall commence the Work within 15 days (weather
permitting) following the Village's acceptance of this
Contractor acknowledges and agrees that Contractor Contract provided Contractor shall have furnished to the
shall take in full payment for all Work and other matters Village all bonds and all insurance certificates specified
set forth under Section 1 above, including overhead and in this Contract ("Commencement Date"). Contractor
profit; taxes, contributions, and premiums; and further acknowledges and agrees that Contractor shall
compensation to all subcontractors and suppliers, the perform the Work diligently and continuously and shall
compensation set forth below. complete the Work not later than May 15, 2022 ("Time
of Performance"). The Village may modify the Time of
A. SCHEDULE OF PRICES Performance at any time upon 15 days prior written
notice to the Contractor. Delays caused by the Village
For providing, performing, and completing all shall extend the Time of Performance; provided,
Work, the Not-To-Exceed Contract Price of however, that Contractor shall be responsible for
$16,500.00 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.
Sixteen Thousand and Five Hundred 4. Financial Assurance
Dollars Only
A. Insurance. Contractor acknowledges and agrees
B. BASIS FOR DETERMINING PRICES that Contractor shall provide certificates of
insurance evidencing the minimum insurance
It is expressly understood and agreed that: coverages and limits set forth in Exhibit B
within 10 days following the Village's acceptance
1. All prices stated in the Schedule of Prices of this Contract. Such policies shall be in form,
are firm and shall not be subject to and from companies, acceptable to the Village.
escalation or change; The insurance coverages and limits set forth
Exhibit B shall be deemed minimum coverages
2. The Village is not subject to state or local and limits and shall not be construed in any way
sales, use, and excise taxes, that no such as a limitation on Contractor's duty to carry
taxes are included in the Schedule of Prices, adequate insurance or on Contractor's liability
and that all claim or right to claim any for losses or damages under this Contract. The
additional compensation by reason of the minimum insurance coverages and limits that
payment of any such tax is hereby waived shall be maintained at all times while providing,
and released; 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 its officers, officials, employees and
volunteers, against all damages, liability, claims, losses,
C. TIME OF PAYMENT and expenses (including attorneys'fee)that may arise,or
be alleged to have arisen, out of or in connection with
It is expressly understood and agreed that final Contractor's performance of, or failure to perform, the
payment shall be made upon completion of the Work or any part thereof, or any failure to meet the
work and final approval by the Village.
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representations and warranties set forth in Section 6 of D. Qualified. Contractor has the requisite
this Contract. experience, ability, capital, facilities, plant, organization,
and staff to enable Contractor to perform the Work
C. Penalties. Contractor acknowledges and agrees successfully and promptly and to commence and
that Contractor shall be solely liable for any fines or civil complete the Work within the Contract Price and
penalties that are imposed by any governmental or Contract Time set forth above.
quasi-governmental agency or body that may arise, or be
alleged to have arisen, out of or in connection with 7. Acknowledgements
Contractor's performance of, or failure to perform, the
Work or any part thereof. In submitting this Contract, Contractor
acknowledges and agrees that:
5. Firm Proposal
A. Reliance. The Village is relying on all
All prices and other terms stated in this Contract are warranties, representations, and statements made by
firm and shall not be subject to withdrawal, escalation, Contractor in this Contract.
or change.
B. Acceptance. If this Contract is accepted,
6. Contractor's Representations and Warranties Contractor shall be bound by each and every term,
condition,or provision contained in this Contract.
In order to induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows: C. Remedies. Each of the rights and remedies
reserved to the Village in this Contract shall be
A. The Work. The Work, and all of its components, cumulative and additional to any other or further
shall strictly conform to the requirements of this remedies provided in law or equity or in this Contract.
Contract, including, without limitation, the performance
standards set forth in Subsection 1B of this Contract; D. Time. Time is of the essence in the performance
and shall be fit, sufficient, and suitable for the purposes of all terms and provisions of this Contract and, except
expressed in, or reasonably inferred from, this Contract where stated otherwise references in this Contract to
and the warranties expressed herein shall be in addition days shall be construed to refer to calendar days and
to any other warranties expressed or implied by law, time.
which are hereby reserved unto the Village.
E. No Waiver. No examination, inspection,
B. Compliance with Laws. The Work, and all of its investigation, test, measurement, review, determination,
components, shall be provided,performed, and completed decision, certificate, or approval by the Village, whether
in compliance with, and Contractor agrees to be bound before or after the Village's acceptance of this Contract;
by, all applicable federal, state, and local laws, orders, nor any information or data supplied by the Village,
rules, and regulations, as they may be modified or whether before or after the Village's acceptance of this
amended from time to time,including without limitation, Contract;nor any order by the Village for the payment of
if applicable, the Prevailing Wage Act, 820 ILCS money; nor any payment for, or use, possession, or
130/0.01 et seq.; any other prevailing wage laws; any acceptance of, the whole or any part of the Work by the
statutes requiring preference to laborers of specified Village; nor any extension of time granted by the Village;
classes; any statutes prohibiting discrimination because nor any delay by the Village in exercising any right
of, or requiring affirmative action based on, race, creed, under this Contract; nor any other act or omission of the
color, national origin, age, sex, or other prohibited Village shall constitute or be deemed to be an acceptance
classification; and any statutes regarding safety or the of any defective, damaged, or nonconforming
performance of the Work. Further, Contractor shall
have a written sexual harassment policy in compliance Work,nor operate to waive or otherwise diminish the
with Section 2-105 of the Illinois Human Rights Act effect of any representation or warranty made by
during the course of the work. Contractor; or of any requirement or provision of this
Contract;or of any remedy,power,or right of the Village.
C. Not Barred. Contractor is not barred by law
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
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or shall not be impaired thereby, but the remaining
Section 33E-4 of Article 33 of the Criminal Code of 1961, provisions shall be interpreted, applied, and enforced so
720 ILCS 5/33E-1 et sea. as to achieve, as near as may be, the purpose and intent
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of this Contract to the greatest extent permitted by any subcontractor under him, to pay not less than the
applicable law. specified rates to all laborers, workers and mechanics
employed by them in the execution of this contract.
G. Amendments and Modifications. No amendment
or modification to this Contract shall be effective until it L. Conflicts of Interest. Contractor represents and
is reduced to writing and approved and executed by the certifies that, to the best of its knowledge, (1) no elected
corporate authorities of the parties in accordance with all or appointed Village official, employee or agent has a
applicable statutory procedures. personal financial interest in the business of the
Contractor or in this Agreement, or has personally
H. Assignment. Neither this Contract, nor any received payment or other consideration for this
interest herein, shall be assigned or subcontracted, in Agreement; (2)as of the date of this Agreement, neither
whole or in part, by Contractor except upon the prior Contractor nor any person employed or associated with
written consent of the Village. Contractor has any interest that would conflict in any
manner or degree with the performance of the
I. Governing Law, Venue. This Contract shall be obligations under this Agreement; and (3) neither
governed by, construed and enforced in accordance with Contractor nor any person employed by or associated
the internal laws, but not the conflicts of laws rules, of with Contractor shall at any time during the term of this
the State of Illinois. Venue for any action arising out of Agreement obtain or acquire any interest that would
or due to this Contract shall be in the Circuit Court for conflict in any manner or degree with the performance of
DuPage County,Illinois. the obligations under this Agreement.
J. Certified Payrolls. Contractor shall, in M. Exhibits and Other Agreements. If any conflict
accordance with Section 5 of the Illinois Prevailing Wage exists between this Agreement and any exhibit attached
Act, 820 ILCS 130/5, submit to the Village, and upon hereto or any other Agreement between the parties
activation of the database provided by 820 ILCS 130/5.1 relating to this transaction, the terms of this Agreement
to the Department of Labor, on a monthly basis, a shall prevail.
certified payroll. The certified payroll shall consist of a
complete copy of those records required to be made and N. No Disclosure of Confidential Information by
kept by the Prevailing Wage Act. The certified payroll the Consultant. The Consultant acknowledges that it
shall be accompanied by a statement signed by the shall, in performing the Services for the Village under
Contractor or subcontractor which certifies that: (1)such this Agreement, have access, or be directly or
records are true and accurate; (2) the hourly rate paid is indirectly exposed, to Confidential Information. The
not less than the general prevailing rate of hourly wages Consultant shall hold confidential all Confidential
required by the Prevailing Wage Act; and (3) Contractor
or subcontractor is aware that filing a certified payroll Information and shall not disclose or use such
that he or she knows to be false is a Class A Confidential Information without the express prior
misdemeanor. A general contractor may rely upon the written consent of the Village. The Consultant shall
certification of a lower tier subcontractor, provided that use reasonable measures at least as strict as those the
the general contractor does not knowingly rely upon a Consultant uses to protect its own confidential
subcontractor's false certification. Upon seven business information. Such measures shall include, without
days' notice, Contractor and each subcontractor shall limitation, requiring employees and subcontractors of
make available for inspection and copying at a location the Consultant to execute a nondisclosure agreement
within this State during reasonable hours, the records before obtaining access to Confidential Information.
required to be made and kept by the Act to: (i) the
Village, its officers and agents; (ii) the Director of Labor
and his deputies and agents;and(iii)to federal, State, or
local law enforcement agencies and prosecutors.
K. Prevailing Wage. Pursuant to Section 4 of the
Illinois Prevailing Wage Act, 820 ILCS 130/4, Contractor
agrees and acknowledges that not less than the
applicable rate of prevailing of wages, as found or
ascertained by the Department of Labor and made
available on the Department's Official website, or
determined by the court on review, shall be paid for each
craft or type of worker needed to execute this contract or
to perform such work, and it shall be mandatory upon
the contractor to whom the contract is awarded and upon
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IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
haCP raucPd thio Agreement to he exPrutPd. muni<•ipal rurporalinn
effective nn�^-�Ca���Z_. 2021.
ATTEST•
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Village Clerk Village Alanner
ATTEST: C.R.PETERSON,INC.
Its: G �2Cla. �GQYr!1.� its: `�'�e ✓e�S
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EXHIBIT A
(PROPOSAUACCEPTANCE DATED NOVEMBER 12, 2021)
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PROPOSAVACCEPTANCE
C.R. PETERSON, INC.
TENNIS COURT CONTRACTORS
785 Oakwood Road,Suite Sio8
Lake Zurich,IL 60047
847-550-6950
847-550-6952 Fax November 12, 2021
Mr. Rick Valent
Oak Brook Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523
RE: Tennis Court Spring Maintenance 2022
Dear Mr. Valent,
The following is our proposal for all material and labor to resurface the existing eight(8)
fast-drying tennis courts at the Oak Brook Tennis Club at 700 Oak Brook Road.
for the 2022 season.
1. We will remove the existing tennis tapes and dispose in clubs dumpster.
2. We will clean the surface of the tennis courts. Debris is to remain on site.
3. Roll the courts with our power roller so an even surface is obtained.
4. We will add 2.5 tons of material each to the tennis courts. This is a total of
20 tons of new material. Leave the club 15 bags of extra Har-Tru material.
5. Broom and level the new material.
6. Water the new material in place using the Club's automatic sprinkler system,
which is to be turned on and in working order prior to our work commencing.
7. Provide and install eight sets of tennis tapes using aluminum nails.
Price Quotation: $16,500.00
We require a one-half down payment with the acceptance of this proposal and the remaining balance on
completion.
All of the above work to be completed in a substantial and workmanlike manner according to standard practices.
Payment to be made within 3o days of regular monthly invoices with a 1 1/2%late charge applied to all late payments. Any
alteration or deviation from above specifications will be executed only upon written orders,and will become an extra charge
over and above this estimate. Owner is to carry fire tornado and other necessary insurance. C.R.Peterson,Inc.agrees to carry
Workmen's Compensation and Public Liability Insurance. This proposal does not include any lawn restoration.
Thank you for the opportunity to bid this work.
Respectfully submitted.
Signed
Bruce Peterson
ACCEPTANCE
You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the
above proposal,for which the undersigned agrees to pay the amount mentioned in said proposal,and terms.
Signed -
------__Dated 4- y Phone�(0
Printed lr7-�, Email 1 Qnacc-El c2-y--t3iT ,c- c w_
Building The Game of Tennis Since "1930"
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, by either 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.
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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 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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