2023 Tennis Court Spring Maintenance VILLAGE OF OAK BROOK
CONTRACT FOR THE
2023 TENNIS COURT SPRING MAINTENANCE
Full Name of Contractor: C.R. Peterson, Inc. ("Contractor")
Principal Office Address: 785 Oakwood Road, Suite S 108, 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: Jessica Spencer, Assistant Village Manager
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. Quality. 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 2023 Tennis supplies.
Courts Spring Maintenance, as specified in
Exhibit A attached hereto, 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 Proposal/Acceptance, dated January 13, 2023, attached
permits, licenses, and other governmental hereto 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/Rejection. 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. Contractor acknowledges and
Work so rejected may be returned or held at Contractor's agrees that Contractor shall commence the Work within
expense and risk. 15 days (weather permitting) following the Village's
acceptance of this Contract provided Contractor shall
2. Contract Price. Contractor acknowledges and have furnished to the Village all bonds and all insurance
agrees that Contractor shall take in full payment for all certificates specified in this Contract ("Commencement
Work and other matters set forth under Section 1 above, Date"). Contractor further acknowledges and agrees
including overhead and profit; taxes, contributions, and that Contractor shall perform the Work diligently and
premiums; and compensation to all subcontractors and continuously and shall complete the Work not later than
suppliers, the compensation set forth below. May 1, 2023 ("Time of Performance"). The Village
may modify the Time of Performance at any time upon
A. SCHEDULE OF PRICES 15 days prior written notice to the Contractor. Delays
caused by the Village shall extend the Time of
For providing, performing, and completing all Performance; provided, however, that Contractor shall
Work, the Not-To-Exceed Contract Price of be responsible for completion of all Work within the
$18,600.00 Time of Performance, notwithstanding any strike or
other work stoppage by employees of either Contractor or
TOTAL CONTRACT PRICE (in writing): of the Village.
Eighteen Thousand Six Hundred Dollars 4. No Automatic Renewal. Notwithstanding
Only anything to the contrary contained in this Agreement: (a)
in no event shall the term of this Agreement be longer
B. BASIS FOR DETERMINING PRICES than the initial term expressly stated in this Agreement;
(b) any automatic renewal or extension (whether or not
It is expressly understood and agreed that: conditioned upon any notice or absence thereof from
either Party) or any similar "evergreen" provision shall
1. All prices stated in the Schedule of Prices be deemed null and void ab initio; and(c)the term of this
are firm and shall not be subject to Agreement shall not be extended or renewed except by
escalation or change; written agreement duly authorized, executed and
delivered by the Parties hereto. In the event of any
2. The Village is not subject to state or local inconsistency within this Agreement relating to the
sales, use, and excise taxes, that no such duration of the initial term hereof, the shorter initial
taxes are included in the Schedule of Prices, term shall govern. If no initial term is stated in this
and that all claim or right to claim any Agreement, then the term shall be one year from the
additional compensation by reason of the date on which the term commences.
payment of any such tax is hereby waived
and released; 5. Financial Assurance.
3. All other applicable federal, state, and local A. Bonds. If the total contract cost is $20,000.00 or
taxes of every kind and nature applicable to more, the Contractor acknowledges and agrees that
the Work are included in the Schedule of Contractor shall provide a Performance Bond, on forms
Prices. provided by, or otherwise acceptable to, the Village, from
a surety company acceptable to the Village, each in the
C. TIME OF PAYMENT penal sum of the Contract Price, within 10 days following
the Village's acceptance of this Contract.
It is expressly understood and agreed that final
payment shall be made upon completion of the B. Insurance. Contractor acknowledges and agrees
work and final approval by the Village. that Contractor shall provide certificates of insurance
evidencing the minimum insurance coverages and limits
set forth in Exhibit B within 10 days following the
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Village's acceptance of this Contract. Such policies shall color, national origin, age, sex, or other prohibited
be in form, and from companies, acceptable to the classification; and any statutes regarding safety or the
Village. The insurance coverages and limits set forth performance of the Work. Further, Contractor shall
Exhibit B shall be deemed to be minimum coverages and have a written sexual harassment policy in compliance
limits and shall not be construed in any way as a with Section 2-105 of the Illinois Human Rights Act
limitation on Contractor's duty to carry adequate during the course of the work.
insurance or on Contractor's liability for losses or
damages under this Contract. The minimum insurance C. Not Barred. Contractor is not barred by law
coverages and limits that shall be maintained at all from contracting with the Village or with any other unit
times while providing, performing, or completing the of state or local government as a result of (i) a
Work are as set forth in Exhibit B. delinquency in the payment of any tax administered by
the Illinois Department of Revenue unless Contractor is
C. Indemnification. Contractor acknowledges and contesting, in accordance with the procedures
agrees that Contractor shall indemnify and save established by the appropriate Revenue Act, its liability
harmless the Village its officers, officials, employees and for the tax or the amount of tax, as set forth in 65 ILCS
volunteers, against all damages, liability, claims, losses, 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
and expenses (including attorneys' fee) that may arise, or Section 33E-4 of Article 33 of the Criminal Code of 1961,
be alleged to have arisen, out of or in connection with 720 ILCS 5/33E-1 et seq.
Contractor's performance of, or failure to perform, the
Work or any part thereof, or any failure to meet the D. Qualified. Contractor has the requisite
representations and warranties set forth in Section 6 of experience, ability, capital, facilities, plant, organization,
this Contract. and staff to enable Contractor to perform the Work
successfully and promptly and to commence and
D. Penalties. Contractor acknowledges and agrees complete the Work within the Contract Price and
that Contractor shall be solely liable for any fines or civil Contract Time set forth above.
penalties that are imposed by any governmental or
quasi-governmental agency or body that may arise, or be 8. Acknowledgements. In submitting this Contract,
alleged to have arisen, out of or in connection with Contractor acknowledges and agrees that:
Contractor's performance of, or failure to perform, the
Work or any part thereof. A. Reliance. The Village is relying on all
warranties, representations, and statements made by
6. Firm Proposal. All prices and other terms stated Contractor in this Contract.
in this Contract are firm and shall not be subject to
withdrawal, escalation, or change. B. Acceptance. If this Contract is accepted,
Contractor shall be bound by each and every term,
7. Contractor's Representations and Warranties condition, or provision contained in this Contract.
In order to induce the Village to accept this Contract, C. Remedies. Each of the rights and remedies
Contractor hereby represents and warrants as follows: reserved to the Village in this Contract shall be
cumulative and additional to any other or further
A. The Work. The Work, and all of its components, remedies provided in law or equity or in this Contract.
shall strictly conform to the requirements of this
Contract, including, without limitation, the performance D. Time. Time is of the essence in the performance
standards set forth in Subsection 1B of this Contract; of all terms and provisions of this Contract and, except
and shall be fit, sufficient, and suitable for the purposes where stated otherwise references in this Contract to
expressed in, or reasonably inferred from, this Contract days shall be construed to refer to calendar days and
and the warranties expressed herein shall be in addition time.
to any other warranties expressed or implied by law,
which are hereby reserved unto the Village. E. No Waiver. No examination, inspection,
investigation, test, measurement, review, determination,
B. Compliance with Laws. The Work, and all of its decision, certificate, or approval by the Village, whether
components, shall be provided, performed, and completed before or after the Village's acceptance of this Contract;
in compliance with, and Contractor agrees to be bound nor any information or data supplied by the Village,
by, all applicable federal, state, and local laws, orders, whether before or after the Village's acceptance of this
rules, and regulations, as they may be modified or Contract; nor any order by the Village for the payment of
amended from time to time, including without limitation, money; nor any payment for, or use, possession, or
if applicable, the Prevailing Wage Act, 820 ILCS acceptance of, the whole or any part of the Work by the
130/0.01 et seg.; any other prevailing wage laws; any Village; nor any extension of time granted by the Village;
statutes requiring preference to laborers of specified nor any delay by the Village in exercising any right
classes; any statutes prohibiting discrimination because under this Contract; nor any other act or omission of the
of, or requiring affirmative action based on, race, creed,
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Village shall constitute or be deemed to be an acceptance agents; (ii) the Director of Labor and his deputies and
of any defective, damaged, or nonconforming agents; and (iii) to federal, State, or local law
enforcement agencies and prosecutors.
Work, nor operate to waive or otherwise diminish the
effect of any representation or warranty made by K. Prevailing Wage. Pursuant to Section 4 of the
Contractor; or of any requirement or provision of this Illinois Prevailing Wage Act, 820 ILCS 130/4, Contractor
Contract; or of any remedy, power, or right of the Village. agrees and acknowledges that not less than the
applicable rate of prevailing of wages, as found or
F. Severability. It is hereby expressed to be the ascertained by the Department of Labor and made
intent of the parties to this Contract that should any available on the Department's Official website, or
provision, covenant, agreement, or portion of this determined by the court on review, shall be paid for each
Contract or its application to any Person or property be craft or type of worker needed to execute this contract or
held invalid by a court of competent jurisdiction, the to perform such work, and it shall be mandatory upon
remaining provisions of this Contract and the validity, the contractor to whom the contract is awarded and upon
enforceability, and application to any Person or property any subcontractor under him, to pay not less than the
shall not be impaired thereby, but the remaining specified rates to all laborers, workers and mechanics
provisions shall be interpreted, applied, and enforced so employed by them in the execution of this contract.
as to achieve, as near as may be, the purpose and intent
of this Contract to the greatest extent permitted by L. Conflicts of Interest. Contractor represents and
applicable law. certifies that, to the best of its knowledge, (1) no elected
or appointed Village official, employee or agent has a
G. Amendments and Modifications. No amendment personal financial interest in the business of the
or modification to this Contract shall be effective until it Contractor or in this Agreement, or has personally
is reduced to writing and approved and executed by the received payment or other consideration for this
corporate authorities of the parties in accordance with all Agreement; (2) as of the date of this Agreement, neither
applicable statutory procedures. Contractor nor any person employed or associated with
Contractor has any interest that would conflict in any
H. Assignment. Neither this Contract, nor any manner or degree with the performance of the
interest herein, shall be assigned or subcontracted, in obligations under this Agreement; and (3) neither
whole or in part, by Contractor except upon the prior Contractor nor any person employed by or associated
written consent of the Village. with Contractor shall at any time during the term of this
Agreement obtain or acquire any interest that would
1. Governing Law; Venue. This Contract shall be conflict in any manner or degree with the performance of
governed by, construed and enforced in accordance with the obligations under this Agreement.
the internal laws, but not the conflicts of laws rules, of
the State of Illinois. Venue for any action arising out of M. Exhibits and Other Agreements. If any conflict
or due to this Contract shall be in the Circuit Court for exists between this Agreement and any exhibit attached
DuPage County, Illinois. hereto or any other Agreement between the parties
J. Certified Payrolls. Contractor shall, in
relating to this transaction, the terms of this Agreement
shall prevail.
accordance with Section 5 of the Illinois Prevailing Wage
Act, 820 ILCS 130/5, submit to the Department of Labor
on a monthlybasis a certified N. No Disclosure of Confidential Information by
payroll. The certified the Consultant. The Consultant acknowledges that it
payroll shall consist of a complete copy of those records
shall, in performing the Services for the Village under
required to be made and kept by the Prevailing Wage
Act. The certified payroll shall be accompanied by a this Agreement, have access, or be directly or
statement signed by the Contractor or subcontractor indirectly exposed, to Confidential Information. The
which certifies that: (1) such records are true and Consultant shall hold confidential all Confidential
accurate; (2) the hourly rate paid is not less than the Information and shall not disclose or use such
general prevailing rate of hourly wages required by the Confidential Information without the express prior
Prevailing Wage Act; and(3) Contractor or subcontractor written consent of the Village. The Consultant shall
is aware that filing a certified payroll that he or she use reasonable measures at least as strict as those the
knows to be false is a Class A misdemeanor. A general Consultant uses to protect its own confidential
contractor may rely upon the certification of a lower tier information. Such measures shall include, without
subcontractor, provided that the general contractor does limitation, requiring employees and subcontractors of
not knowingly rely upon a subcontractor's false the Consultant to execute a nondisclosure agreement
certification. Upon seven business days' notice, before obtaining access to Confidential Information.
Contractor and each subcontractor shall make available
for inspection and copying at a location within this State
during reasonable hours, the records required to be made
and kept by the Act to: (i) the Village, its officers and
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IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have caused hit Agreement to he executed, municipal corporation
effective on 2025.
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By: °` By:
Village Clerk
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EXHIBIT A
(PROPOSAL/ACCEPTANCE DATED January 13, 2023)
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PROPOSAVA.CCEMANCE
C.R. PETERSON, INC.
TENNIS COURT CONTRACTORS
785 Oakwood Road,Suite Sio8
Lake Zurich,IL 60047
847-550-6950
info@loscourt.com January 13, 2023
Ms. Jessica Spencer
Oak Brook Tennis Club
700 Oak Brook Road
Oak Brook,IL 60523
RE: Tennis Court Spring Maintenance 2023
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 2023 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 seven sets of tennis tapes using aluminum nails.
8. Provide two sets of Pickleball courts lines and aluminum nails.
Price Ouotation: $18,600.00
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 win 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
ACCEPTANCE
You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the
above proposal, agrees to pay the amount mentioned//in said proposal,and terms.
Signed Dated Phonefl6lU -
Printed '
C.R.PETERSON BUILDING TENNIS AND RECREATIONAL SPORTS SINCE"19 " `✓
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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:VIL
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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