2018 Golf Course Cart Path Paving
Village of Oak Brook
Golf Course Cart Path Paving
Bid Package
May 2018
Table of Contents
Section
A. Notice to Bidders
B. Bid
C. Instructions to Bidders
D. Specifications
E. Special Conditions
F. Statement of Bidder's Qualifications
G. References
H. Bid Certification
I. Contract
J. Contract Bond
Section A Notice to Bidders
Posted on the Village of Oak Brook website, Wednesday, May 23, 2018
The Village of Oak Brook will receive bids for:
Golf Course Cart Path Paving
Sealed bids will be received by Rania Serences, Senior Purchasing Assistant, Village of
Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 until 11:00 A.M., Wednesday,
June 6 2018, prevailing time, and publicly opened in the Samuel E. Dean Board Room at
that time.
Each bid shall be accompanied by a bank cashier's check, certified check (checks made
payable to the Village of Oak Brook) or bid bond for not less than ten percent (10%) of the
amount bid.
Bidders are required to meet with the Village Representative for a site visit prior to
submitting their bid. The Village Representative is Sean Creed and can be reached at
630-368-6460.
A complete bid package, of which this legal notice is a part, is on file for inspection and
may be downloaded from the Village’s website www.oak-brook.org or picked up at the
Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between
the hours of 8 A.M. and 4:30 P.M. Monday through Friday. There is no charge for the
package.
No bid shall be withdrawn after opening of bids without the consent of the Village of Oak
Brook for a period of ninety (90) days after the scheduled time of opening bids.
The Village of Oak Brook reserves the right to reject any or all bids and to waive any
informalities in bidding and to accept the bid deemed most advantageous to it.
The Village shall not be committed to any minimum dollar purchase, and reserves the
right to either increase or decrease the actual quantities ordered, at our sole option.
Items will be ordered and delivered as needed throughout the year, in quantities
determined by the Village.
The Village also reserves the right to split the award based on categories or individual
items contained in the bid.
Charlotte Pruss
Village Clerk
Section B Bid
1. COST OF WORK:
The undersigned, acting for and on behalf of contractor and having familiarized
himself with conditions affecting the cost of the work and its performance and
having carefully examined and fully understood the entire bid package, hereby
affirms and agrees to enter into a contract with the Village of Oak Brook, Oak
Brook, IL.
To provide all supervision, labor, material, equipment and all other expense items
to completely perform the work covered by all specifications for the work.
The Village of Oak Brook reserves the right to reject any or all bids and to waive
any informalities in bidding and to accept the bid deemed most advantageous to it.
The undersigned submits herewith his lump sum bid as follows:
Cart Path Paving
ESTIMATED
TONS UNIT PRICE/TON EXTENDED
Bituminous 361.5 $____________ $___________
Concrete Surface
Course Mixture C,
Class 1, Type 3
2. COSTS:
The undersigned contractor hereby affirms and states the prices quoted herein
constitute the total cost to the Village for all work involved in the respective items
and that this cost also includes all insurance, royalties, transportation charges, use
of all tools and equipment, superintendence, overhead expense, all profits and all
other work, services and conditions necessarily involved in the work to be done
and materials to be furnished in accordance with the requirements of the contract
documents considered severally and collectively. All bids shall be held valid for a
period of forty-five (45) days after the bid due date.
3. PRE-BID MEETING:
A pre-bid meeting will not be held. However, all prospective bidders are required
to visit the site and meet with the Village Representative prior to submitting a bid.
The Village Representative is Sean Creed, Golf Course Manager/Superintendent,
and can be reached at 630-368-6460.
4. INSTRUCTIONS TO BIDDERS:
The undersigned contractor shall comply with all provisions and requirements of
this Bid Package.
5. TIME OF COMPLETION:
The undersigned affirms and declares that if awarded the contract for this work he
will completely perform said contract in strict accordance with its terms and
conditions by November 1st, 2018, unless additional time shall be granted by the
Village in accordance with the provisions of the specifications. Should the
contractor fail to complete the work by said date or within such extended time as
may have been allowed, the contractor shall be liable to the Village in the amount
set forth in the specifications.
6. BID GUARANTEE:
Accompanying this bid is a bid bond, or bank cashier’s check or certified check for
not less than ten percent (10%) of the amount of the Base Bid made payable to
the Village of Oak Brook. The amount of the bid bond or check is
________________________________________ ($_____________). If this bid
is accepted and the undersigned shall fail to execute a contract and the contract
bond, provide acceptable Certificates of Insurance, and provide an acceptable
Progress Schedule as required herein, it is hereby agreed that the amount of the
bid bond or check shall become the property of the Village and shall be considered
as payment of damages due to delay and other causes suffered by the Village
because of the failure to execute said contract, contract bond, acceptable
Certificate of Insurance and Progress Schedule; otherwise said bid bond or check
shall be returned to the undersigned.
Attach bid bond, bank cashier's check or certified check here.
In the event that one bid bond or one check is intended to cover two or more bids,
the amount must equal the sum of the proposal guarantees of the individual
sections covered.
The bid guarantees of all except the 2 lowest responsible bidders shall be returned
after the President and the Board of Trustees of the Village of Oak Brook award
the contract.
The bid guarantees of the 2 lowest responsible bidders shall be returned after a
contract, contract bond, acceptable certificate of insurance, and an acceptable
progress schedule have been received from the successful bidder and approved
by the Village of Oak Brook.
The bid guarantee of all bidders shall be returned in the event that the President
and Board of Trustees of the Village of Oak Brook reject all bids.
Firm Name:_______________________________________________________
Address:_________________________________________________________
City, State, ZIP:________________________________________________
Signature:_______________________________________________________
Name Printed:____________________________________________________
Title:___________________________________________________________
Telephone:___________________________Date:_______________________
If a Corporation:
ATTEST:
____________________________
Secretary
Section C Instructions
1. RECEIPT OF BID: 6th day, June, 2018; 11:00 A.M.
2. BASIS OF BID: Sealed bids will be received until the above noted time and date.
3. PROJECT DESCRIPTION: Golf Course Cart Path Paving.
A. Cart Paths
The proposed improvement herein specified and described contemplates the
use of a tacker before overlay and installing bituminous concrete surface
course (1 ½” compacted thickness for all areas). This work shall be
accomplished using 6 wheelers and a spreader box. Larger trucks will not be
allowed.
4. PREPARATION AND SUBMISSION OF BIDS:
A. The Bid must be delivered to the office of the Purchasing Director, Village of
Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 on or before
Wednesday, at 11:00 A.M., prevailing time, June 6, 2018, at which time it
will be publicly opened and read in the S. E. Dean Board Room of the Village
Hall. Bids received after this time will not be considered and will be returned
unopened.
B. Each bid shall be submitted on the exact form furnished. All blank spaces for
bid prices, unit costs and alternates must be filled in--in ink--in both words and
figures (as stipulated). In case of any discrepancy in the amount bid, the
prices expressed in written words shall govern. Bids which are noticeably
unbalanced may be voided at the sole discretion of the Village. Each bid must
be accompanied by a bank cashier's check, bid bond, or certified check in the
amount of 10% of the bid (checks made payable to the Village of Oak Brook).
C. Each bidder must complete, execute and submit with its bid a certification that
the contractor is not barred from public contracting due to bid-rigging or bid
rotating convictions on the form included with the bidding documents.
D. Each bidder must submit a complete bid package, including the following items:
1. Bid
2. Bid Bond, or other Bid Security as required
3. Statement of Bidder's Qualifications
4. References
5. Bid Certification
E. The Contract and Contract Bond (Performance and Payment) are provided as
information, and will be completed by the successful bidder only upon
acceptance of the bid by the Village. The surety company issuing the
Contract Bond must be listed and approved by the U.S. Department of the
Treasury. Letters of Credit will not be accepted in place of the Contract Bond.
F. The bid shall be submitted in an opaque sealed envelope on or before the
time stated and shall bear the name of the individual, firm, or corporation
submitting the Bid and the Project Name: "Golf Course Cart Path Paving".
G. Bidders may attach separate sheets to the bid for the purpose of explanation,
exception, alternate bid and to cover unit prices, if needed.
H. Bidders may withdraw their bid either personally or by written request at any
time before the hour set for the bid opening, and may resubmit it. No bid may
be withdrawn or modified after the bid opening except where the award of
contract has been delayed for a period of more than forty-five (45) days.
I. In submitting this bid, the bidder further declares that the only person or party
interested in the proposal as principals are those named herein, and that the
bid is made without collusion with any other person, firm or corporation.
J. The bidder further declares that he has carefully examined this entire Bid
Package and he has inspected in detail the site of the proposed work, and
that he has familiarized himself with all of the local conditions affecting the
contract and the detailed requirements of this work and understands that in
making the bid he waives all rights to plead a misunderstanding regarding
same.
K. The bidder further understands and agrees that if his bid is accepted, he is to
furnish and provide all necessary machinery, tools, apparatus, and other
means to do all of the work and to furnish all of the materials specified in the
contract, except such materials as are to be furnished by the owner (Village),
in the manner and at the time therein prescribed, and in accordance with the
requirements therein set forth.
L. The Bidder declares that he understands that the quantities listed on the Bid
and in the plans are approximate only and that they are subject to increase or
decrease; and that he will take in full payment thereof the amount and the
summation of the actual quantities, as fully determined, multiplied by the unit
prices shown in the schedule of prices contained within the Bid.
M. The Bidder further agrees that the unit prices submitted within the Bid are for
the purpose of obtaining a gross sum, and for use in computing the value of
extras and deductions. If there is a discrepancy between the gross sum bid
and that resulting from the summations of the quantities multiplied by their
respective unit prices, the latter shall apply.
N. The bidder further agrees that if the Village decides to extend or shorten the
work, or otherwise alter it by extras or deductions, including elimination of one
or more of the items, as provided in the specifications, he will perform the
work as altered, increased or decreased, at the contract unit prices.
O. The bidder further agrees that the Village representative may at any time
during the progress of the work covered by this Contract, order other work or
materials incidental thereto and that all such work and materials as do not
appear in the bid or contract as a specific item covered by a lump sum price,
and which are not included under the bid price for other items in the Contract,
shall be performed as extra work.
P. The bidder further agrees to execute all documents within this Bid Package,
obtain a Certificate of Insurance for this work and present all of these
documents within fifteen (15) days after the receipt of the Notice of Award and
the Contract by him.
Q. The bidder further agrees that he and his surety will execute and present
within fifteen (15) days after the receipt of the Notice of Award and the
Contract, a Contract bond satisfactory to and in the form prescribed by the
Village, in the penal amount of 100% of the Contract amount, guaranteeing
the faithful performance of the work and payment for labor, material supplies,
and subcontractors in accordance with the terms of the Contract.
R. The bidder further agrees to begin work not later than ten (10) days after
receipt of the Notice to Proceed, unless otherwise provided, and to execute
the work in such a manner and with sufficient materials, equipment and labor
as will insure its completion within the time limit specified within the bid, it
being understood and agreed that the completion within the time limit is an
essential part of the contract.
S. By submitting a bid, the bidder understands and agrees that, if his bid is
accepted, and he fails to enter into a contract forthwith, he shall be liable to
the Village for any damages the Village may thereby suffer.
T. No bid will be considered unless the party offering it shall furnish evidence
satisfactory to the Village that he has necessary facilities, ability and pecuniary
resources to fulfill the conditions of the Contract.
U. If any person contemplating submitting a bid for the proposed contract is in
doubt as to the true meaning of any part of the plans, specifications or other
proposed contract documents, he may submit to the Village a written request
for an interpretation thereof. The person submitting the request will be
responsible for its prompt delivery. Any interpretation of the documents will be
made only by addendum duly issued by the Village, and a copy of such
addendum will be delivered to each person receiving a set of such
documents. The Village will not be responsible for any other explanation or
interpretation of the Bid Package.
5. SUBSTITUTIONS: (Not Applicable)
6. CONDITIONS:
The Village is exempt from Federal excise tax and the Illinois Retailer's
Occupation Tax. This bid cannot include any amounts of money for these taxes.
7. BASIS OF AWARD:
The Village of Oak Brook reserves the right to reject any or all bids and to waive any
informality or technical error and to accept any bid deemed most favorable to the
interests of the Village of Oak Brook. A Contract will be awarded to the lowest
responsive and responsible bidder and, in addition to price, the Village will consider:
A. Ability, capacity and skill to fulfill the contract as specified.
B. Ability to supply the commodities, provide the services or complete the
construction promptly, or within the time specified, without delay or
interference.
C. Character, integrity, reputation, judgment, experience and efficiency.
D. Quality of performance on previous contracts.
E. Previous and existing compliance with laws and ordinances relating to the
contract.
F. Sufficiency of financial resources.
G. Quality, availability and adaptability of the commodities, services or
construction, in relation to the Village's requirements.
H. Ability to provide future maintenance and service under the contract.
I. Number and scope of conditions attached to the bid/proposal.
J. Record of payments for taxes, licenses or other monies due the Village
8. GUARANTEE:
Contractor (successful bidder) will guarantee all work for a period of one (1) year
against faulty material and/or workmanship. Consequently, the contractor’s
Contract Bond will extend to one (1) year past the date of final acceptance of the
entire work by the President and Board of Trustees of the Village. If any defect
appears within the one (1) year guarantee period, the contractor will repair any and
all such defects solely at his cost and at no cost to the Village.
9. PAYMENT:
The Village of Oak Brook authorizes the payment of invoices on the second and
fourth Tuesday of the month. For consideration on one of these dates, payment
request must be received no later than fourteen (14) days prior to the second or
fourth Tuesday of the month.
10. INDEMNIFICATION:
The Contractor shall protect, indemnify, save, defend and hold forever harmless the
Village and/or its officers, officials, employees, volunteers and agents from and
against all liabilities, obligations, claims, damages, penalties, causes of action, costs
and expenses, including without limitation court costs, insurance deductibles and
attorney's fees and expenses, which the Village and/or its officers, officials,
employees, volunteers and agents may incur, suffer or sustain, or for which the
Village and/or its officers, employees and agents may become obligated by reason
for any accident, injury to or death of persons or loss of or damage to property, or
civil and/or constitutional infringement of rights (specifically including violations of
the Federal Civil Right Statutes), arising indirectly or directly in connection with or
under, or as a result of, this or any Agreement by virtue of any act or omission of
any of the Contractor's officers, employees, subcontractors, and/or agents, provided
that the Contractor shall not be liable for claims, obligations, damages, penalties,
causes of action, costs and expenses arising solely by any act or omission of the
Village's officers, officials, employees, volunteers and/or agents.
The contractor shall hold the Village harmless for any and all claims for labor,
material, apparatus, equipment, fixtures or machinery furnished to the contractor for
the purpose of performing the work under the contract; and the payment of all direct
and indirect damages to any person, firm, company or corporation suffered or
sustained on account of the performance of such work during the time the contract
is in force.
11. INSURANCE:
Certificates of Insurance shall be presented to the Village within fifteen (15) days
after the receipt by the contractor of the Notice of Award and the unexecuted
contract, it being understood and agreed that the Village will not approve and
execute the contract nor will the bid guarantee be returned until acceptable
insurance certificates are received and approved by the Village Attorney.
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 I, 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, provided that when the estimated
cost of the work in question does not exceed $5,000, the required limit shall
be $500,000;
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 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.
12. SAFETY:
The contractor and any subcontractors shall comply with all the provisions of the
Federal Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended.
13. LIQUIDATED DAMAGES:
It is also understood and agreed that if the Village determines the Contractor failed
to perform either by observing the established schedule or failing to perform to the
level of service established herein for more than two (2) consecutive working days,
the Village shall reserve the right to impose liquidated damages for said failure to
perform, but not as penalty. The Village will serve notice either personally or in
writing stating the reasons for imposing liquidated damages on the Bidder
providing twenty-four (24) hour notice to correct such items. If at the end of the
twenty-four (24) hour period the Bidder has not made the necessary corrections,
the Contractor shall pay liquidated damages to the Village in the amount of $500
per day. This failure to perform shall include repeated incidents of any of the
following: failure to perform any of the items under the scope of services, failure to
respond to or resolve Village complaints, failure to adhere to any and all terms and
conditions specified in the contact documents. The Village reserves the right to
attempt to work through these items prior to imposing liquidated damages.
14. PERFORMANCE CLAUSE:
In the event the quality of service becomes unacceptable, the Village reserves
the right to cancel the contract after giving thirty (30) day written notice.
15. EQUAL OPPORTUNITY:
The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, ancestry, national origin, place of
birth, age or handicap unrelated to bona fide occupational qualifications.
16. PREVAILING RATE OF WAGES:
All wages paid by the Contractor and each subcontractor shall be in compliance
with The Prevailing Wage Act (820 ILCS 130), as amended, except where a
prevailing wage violates a federal law, order, or ruling, the rate conforming to the
federal law, order, or ruling shall govern. The Contractor shall be responsible to
notify each subcontractor of the wage rates set forth in this contract and any
revisions thereto. If the Department of Labor revises the wage rates, the revised
rate as provided by the public body shall apply to this contract and the Contractor
will not be allowed additional compensation on account of said revisions.
Contractor will comply with the Illinois prevailing wage law, as amended from time
to time. Not less than the prevailing rate of wages as found by Owner or the Illinois
Department of Labor shall be paid to all laborers, workers and mechanics
performing work under the Contract. If the Department of Labor revises the
prevailing rate of wages to be paid laborers, workers or mechanics under the
Contract, Owner will notify Contractor and each Subcontractor of the change in the
prevailing rate of wages; provided, however, regardless of whether Owner gives
such notice, the revised prevailing rate of wages shall apply to the Contract and
Contractor shall have the sole responsibility and duty to pay, and ensure that all
Subcontractors pay, the revised prevailing rate of wages to each person to whom a
revised rate is applicable. Revision of the prevailing wages shall not result in an
increase in the Contract sum or other cost to Owner. Contractor shall indemnify,
defend and hold Owner harmless from any loss, including but not limited to
Owner's attorney’s fees, resulting from Contractor's failure to comply with this
prevailing wage clause. All bonds applicable to the Contract shall include a
provision as will guarantee the faithful performance of the obligation to pay the
prevailing rate of wages.
The Contractor and each subcontractor shall make and keep, for a period of not
less than 3 years, records of all laborers, mechanics, and other workers
employed by them on the project; the records shall include each worker's name,
address, telephone number when available, social security number, classification
or classifications, the hourly wages paid in each period, the number of hours
worked each day, and the starting and ending times of work each day. The
Contractor and each subcontractor shall submit monthly, in person, by mail, or
electronically a certified payroll to the public body in charge of the project. The
certified payroll shall consist of a complete copy of the records. The certified
payroll shall be accompanied by a statement signed by the contractor or
subcontractor which states that:
(i) such records are true and accurate;
(ii) the hourly rate paid to each worker is not less than the general prevailing
rate of hourly wages required; and
(iii) the contractor or subcontractor is aware that filing a certified payroll that
he or she knows to be false is a Class B misdemeanor.
Upon 2 business days' notice, the contractor and each subcontractor shall make
available for inspection the records to the public body in charge of the project, its
officers and agents, and to the Director of Labor and his deputies and agents at
all reasonable hours at a location within this State. The Contractor and each
subcontractor shall permit his/her employees to be interviewed on the job, during
working hours, by compliance investigators of the Department or the Department
of Labor.
17. COPIES OF DOCUMENTS
The number of copies of Contract and Bond required to be executed is as follows:
a) Two (2) original counterparts of the Contract documents will be require to
be executed.
18. EXECUTION OF DOCUMENTS
The Contractor, in signing his Bid on the whole or on any portion of the work, shall
conform to the following requirements:
Bids signed by an individual other than the individual represented in the Bid
documents shall have attached thereto a power of attorney evidencing authority to
sign the Bid in the name of the person for whom it is signed.
Bids which are signed for a partnership shall be signed by all of the partners or by
an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the
Bid a power of attorney evidencing authority to sign the bid, executed by the
partners.
Bids which are signed for a corporation, shall have the correct corporate name
thereof and the signature of the President or other authorized officer of the
corporation manually written below the corporate name.
If such Bid is manually signed by an official other than the President of the
Corporation, a certified copy of a resolution of the board of directors evidencing the
authority of such official to sign the Bid should be attached to it. Such Bid shall
also bear the attesting signature of the Secretary of the corporation and the
impression of the corporate seal.
The Contract shall be deemed as have been awarded when formal notice of award
shall have been duly served upon the intended awardee.
19. INDEPENDENT CONTRACTOR:
There is no employee/employer relationship between the Contractor and the
Village. Contractor is an independent contractor and not the Village’s employee
for all purposes, including, but not limited to, the application of the Fair Labors
Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act,
the Worker’s Compensation Act (820 ILCS 305/1, et seq.). The Village will not
(i) provide any form of insurance coverage, including but not limited to health,
worker’s compensation, professional liability insurance, or other employee
benefits, or (ii) deduct any taxes or related items from the monies paid to
Contractor. The performance of the services described herein shall not be
construed as creating any joint employment relationship between the Contractor
and the Village, and the Village is not and will not be liable for any obligations
incurred by the Contractor, including but not limited to unpaid minimum wages
and/or overtime premiums, nor does there exist an agency relationship or
partnership between the Village and the Contractor.
20. ASSIGNMENT
Neither the Village nor the Contractor shall assign or transfer any rights or
obligations under this Agreement without the prior written consent of the other
party, which consent shall not be unreasonably withheld.
21. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Illinois as to
interpretation, performance and enforcement. The forum for resolving any
disputes concerning the parties’ respective performance or failure to perform
under this Agreement shall be the Circuit Court for the Eighteenth Judicial
Circuit, DuPage County, Illinois.
22. COMPLIANCE WITH LAWS
Contractor, in performing the work and fulfilling its obligations under the contract
must comply with all applicable provisions of the federal, State, and local laws,
regulations, rules, and orders.
Section D Specifications
1. Scope of Work:
• To provide approximately 1.5” of asphalt to existing cart path system.
Approximately 40,000 square feet
Approximately 361.5 tons
• Provide prime tack coat to all overlay surfaces
• New material will be rolled & vibra-compacted providing the compacted thickness
per the scope described
• Any exposed base will be re-graded and compacted - prepping for the
replacement with new hot-mix material
The golf course cart path around the following holes and other areas will be over layed
with 1.5” minimum thickness of bituminous concrete surface course mixture. Provide
prime tack coat. Each path is 8.5 wide
2. Specifications:
Hole Sq. Ft. Approximate Tons
#1 tee 12625 115
#1 green 2500 23
#10 3966 36
#11 4947 45
#13 2422 22
#13 fwy trap 1360 12.5
#15 3825 35
#16 5270 48
# 9 2805 25
• In order to avoid damaging any part of the golf course due to weather conditions
or any other unforeseen conditions, the contractor will coordinate with the golf
course superintendent all paving of the cart paths and all truck routing to the cart
paths to be paved.
• Any area disturbed by the contractor outside the village designated truck route
will be repaired by the contractor at his cost and to the satisfaction of the golf
course superintendent
• All Village designated truck routing damage, if any, will be repaired by village
• Job days will be limited to Monday or Tuesdays as weather permits
• Truck sizes will be limited to 6 wheel dump truck, no semis will be allowed
Section E Special Conditions
1. EXPERIENCE:
The Contractor shall have five (5) years of experience which is comparable in type
and scope to this project, and be approved as an installer by the manufacturer.
2. COMMENCEMENT OF WORK:
Any Contractor shall not commence work under this contract until he has obtained
all insurance required, and such insurance has been approved by the Village and
all other agencies impacted by the pending project.
3. SCHEDULING OF WORK
RESTRICTED ACCESS ROUTES:
In order to avoid damaging any part of the golf course due to weather conditions or
any other unforeseen conditions, the Contractor will coordinate with the Village’s
Golf Course Manager/Superintendent all paving of the Cart Paths and all truck
routing to the Cart Paths to be paved.
Any area disturbed by the Contractor outside the Village designated truck route will
be repaired by the Contractor, at his cost and to the satisfaction of the Village’s
Golf Course Manager/Superintendent.
All Village designated truck routing damage, if any, will be repaired by the Village.
4. EMERGENCY 24 HOUR NAME AND TELEPHONE NUMBER:
The Contractor shall provide the Golf Course Manager/Superintendent the name
and telephone number of an individual in his direct employ who will be available
twenty-four (24) hours a day, seven (7) days a week, to receive notification of any
deficiencies regarding traffic control and protection and shall dispatch men,
materials and equipment to correct any such deficiencies. The Contractor shall
respond to any call from the Village concerning any request for improving or
correcting traffic control devices and begin making the requested repairs within two
(2) hours from the time of notification.
5. INSPECTION NOTIFICATION:
The contractor shall give twenty-four (24) hour advance notice to the Sean Creed,
Village Golf Course Manager/Superintendent (630) 368-6460 prior to starting work
or any phase of the work. Other affected governmental and utility agencies must
be notified in accordance with their notification procedures.
If twenty-four (24) hour advance notice is not supplied to the Village Golf Course
Manager/Superintendent for any or all construction activities, the contractor hereby
agrees and allows the Village Golf Course Manager/Superintendent to stop any
and all such un-notified construction activities until the proper 24 hour advance
notice is given, all at no cost or penalty to the Village.
6. RECORD DRAWINGS:
Contractor shall keep one copy of the approved specifications, drawings, addenda,
modifications and shop drawings at the site in good order and annotated to show
all changes made during the construction process. These plans shall be available
to the Village upon completion of the project.
7. CERTIFICATE OF COMPLIANCE:
When requested, the Contractor shall furnish the Village with Certificates of
Compliance with the specifications for all materials used in the construction of this
improvement. In the case of pipe, the certificate shall include test results and
sketches showing compliance with the applicable ASTM Specifications.
Section F Statement of Contractor’s Qualifications
All questions must be answered and the data given must be clear and comprehensive.
This statement must be notarized. If necessary, questions may be answered on separate
attached sheets. The Bidder may submit any additional information he or she desires.
1. Name of Bidder:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your
present firm or trade name:
6. Contracts on hand: (Schedule these, showing amount of each contract and the
appropriate anticipated dates of completion)
7. General character of work performed by your company:
8. Have you ever defaulted on a contract:
9. List, on an attached sheet, the more important projects recently completed by your
company, stating the approximate cost for each, and the month and year
completed. Include a contact person and phone # for each.
10. List your major equipment available for this contract:
11. Experience in work similar in importance to this project:
12. Background and experience of the principal members of your organization,
including the officers.
13. Credit available:
14. Bank reference:
15. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the Village of Oak Brook:
16. The undersigned hereby authorizes and requests any person, firm, or corporation
to furnish any information requested by the Village of Oak Brook in verification of
the recitals comprising this Statement of Bidder's Qualifications.
DATED at _____________, Illinois this ____ day of _________________, 2018.
By:
Title
STATE OF ILLINOIS )
) SS.
COUNTY OF )
___________________________ being duly sworn deposes and says that he is the
___________ of ____________________________ and that the answers to the
foregoing questions and all statements therein contained are true and correct.
SUBSCRIBED and sworn to before me this _____ day of _____________________,
2018.
Notary Public
Section G References
Bidder shall supply the following information listing customers for which the bidder has
supplied a similar type of commodities, service, or construction.
1. Company Name: _______________________________________________
Address: ____________________________________________________
Phone #: ____________________________________________________
Contact: ____________________________________________________
2. Company Name: _______________________________________________
Address: ____________________________________________________
Phone #: ____________________________________________________
Contact: ____________________________________________________
3. Company Name: _______________________________________________
Address: ____________________________________________________
Phone #: ____________________________________________________
Contact: ____________________________________________________
4. Company Name: _______________________________________________
Address: ____________________________________________________
Phone #: ____________________________________________________
Contact: ____________________________________________________
5. Company Name: _______________________________________________
Address: ____________________________________________________
Phone #: ____________________________________________________
Contact: ____________________________________________________
Section H Bid Certification
The undersigned, being first duly sworn an oath, deposes and states that he has the
authority to make this certification on behalf of the bidder for the construction, product,
commodity, or service briefly described as follows:
“Golf Course Cart Path Paving”
(A) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the
Illinois Compiled Statutes, 1993, the bidder is not barred from bidding on this
contract as a result of a conviction for the violation of State of Illinois laws
prohibiting bid-rigging or bid-rotating.
(B) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-
42.1-1 of the Illinois Compiled Statutes, 1993, the bidder is not delinquent in the
payment of any tax administered by the Illinois Department of Revenue.
(C) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105., of the
Illinois Compiled Statutes, 1993, the bidder has a written sexual harassment policy
in place including the following information:
1. An acknowledgment of the illegality of sexual harassment.
2. The definition of sexual harassment under State law.
3. A description of sexual harassment, utilizing examples.
4. The contractor’s internal complaint process including penalties.
5. The legal recourse, investigative and complaint process available
through the Illinois Department of Human Rights and the Human
Rights Commission.
6. Directions on how to contact the Department or the Commission.
This business firm is: (check one)
_____ Corporation _____ Partnership _____ Individual
Firm Name: __________________________________________________
Address: ___________________________________________________
City, State, ZIP:____________________________________________
Signature:___________________________________________________
Name Printed:________________________________________________
Title:_______________________________________________________
Telephone:________________________ Date:____________________
ATTEST:
___________________________
-SEAL-
SUBSCRIBED AND SWORN TO
before me this ______ day
of _____________, 20___
_____________________________
Notary Public
Section I Contract
Golf Course Cart Path Paving
1. THIS AGREEMENT, made and concluded this _____ day of ________, 2018
between the Village of Oak Brook, a municipal corporation, acting by and through
its President and Board of Trustees, known as VILLAGE, and ________________
his executors, administrators, successors or assigns, known as CONTRACTOR.
2. WITNESSETH: That for and in consideration of the payments and agreements
mentioned in the Bid hereto attached, to be made and performed by the VILLAGE,
and according to the terms expressed in the Bond (if applicable) referring to these
presents, the CONTRACTOR agrees, at their own proper cost and expense, to do
all work, furnish all materials and all labor necessary to complete the work in
accordance with the plans and specifications hereinafter described, and in full
compliance with all of the terms of this Contract.
3. And it is also understood and agreed that the entire Bid Package hereto attached,
approved by the VILLAGE of the State of Illinois this _____ day of ________,
2018, are all essential documents of this contract and are a part hereof.
4. IN WITNESS WHEREOF, the said parties have executed these presents on the
above mentioned date.
ATTEST: VILLAGE OF OAK BROOK
____________________________ By____________________________
Charlotte K. Pruss Riccardo F. Ginex
Village Clerk Village Manager
ATTEST:
_____________________________
Corporate Name
___________________________ By______________________________
Secretary Contractor
Partners doing Business under (If a Co-Partnership)
the firm name of _____________________________
_____________________________
_____________________________
________________________________
Party of the Second Part (If an Individual)
_____________________________
Party of the Second Part
SEXUAL HARASSMENT CERTIFICATE
hereinafter referred to as “Contractor”
having submitted a bid/proposal for to the Village of
Oak Brook, DuPage/Cook Counties, Illinois, hereby certifies that said Contractor has a
written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4)
including the following information:
1. An acknowledgment of the illegality of sexual harassment.
2. The definition of sexual harassment under State law.
3. A description of sexual harassment, utilizing examples.
4. The contractor’s internal complaint process including penalties.
5. The legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights and the Human Rights Commission.
6. Directions on how to contact the Department of the Commission.
7. An acknowledgment of protection of a complaint against retaliation as provided in
Section 6-101 of the Human Rights Act.
Each contractor must provide a copy of such written policy to the Illinois Department of
Human Rights upon request.
By:
Authorized Agent of Contractor
Subscribed and sworn to
before me this _____ day
of ____________, 20____
___________________________________
Notary Public
CONTRACTOR'S CERTIFICATIONS
(CONTRACT EXECUTION)
______________________, having executed a contract for ____________________with
the VILLAGE, hereby certifies that said contractor is not barred from executing said
contract as a result of a violation of either Section 5/33E of Chapter 720 of the Illinois
Compiled Statutes.
(DRUG-FREE WORKPLACE)
Contractor deposes, states and certifies it will provide a drug free workplace by complying
with Section 3 of the Illinois Drug Free Workplace Act, being 30 ILCS 580/3.
Attest/Witness: Successful Bidder
By: _____________________ By: ____________________________
Name of Contractor’s Executing
Officer
Title: _____________________ Title: ___________________________
Title of Contractor’s Executing
Officer
Subscribed and Sworn to
before me this ______ day
of ______________, 20____
___________________________ My Commission Expires: __________
Notary Public
-SEAL-
PREVAILING WAGE AFFIDAVIT
I, ___________________________(name of signatory), on oath hereby state and
certify that _____________________________ (name of Contractor), pursuant to a
Contract dated ___________, 2018, with the Village of Oak Brook for the
______________ Project, has complied and will comply with all laws,
including those relating to the employment of labor, the payment of the current general
prevailing rate of hourly wages for each craft or type of worker or mechanic needed to
execute the Contract or perform such work, and also the current general prevailing rate
for legal holiday and overtime work, as ascertained by the Illinois Department of Labor
for DuPage County, Illinois, and those prevailing rates are paid and shall be paid for
each craft or type of worker or mechanic needed to execute the aforesaid Contract or to
perform such work. _____________________________ (name of Contractor) has
also complied and will comply with all record keeping requirements established in the
Prevailing Wage Act (820 ILCS 130/0.01, et seq.
CONTRACTOR:
By:_____________________________________
Title: ___________________________________
SUBSCRIBED AND SWORN TO BEFORE
ME THIS _____ DAY OF _______________, 2018
________________________________________
NOTARY PUBLIC
CERTIFICATION OF PAYROLL RECORDS
I, ___________________ (name of person executing this certificate), do hereby certify
that I am the duly qualified and acting __________________ (title) for
____________________, (name of contractor) and, as such, am authorized to certify
payroll records as true and accurate for such company in accordance with the
requirements of Section 5 of the Prevailing Wage Act (820 ILCS 130/5) (the "Act").
I do hereby further certify that the following document is a true and accurate copy
of the records of all laborers, mechanics, and other workers employed by
_____________ (name of contractor) on the 2010 Water Main Replacement Project
(the "Project") for the Village of Oak Brook (the "Village"), including each such worker's
name, address, telephone number, social security number, classification or
classifications; and the hourly wages paid in each pay period, hours worked each day,
and the starting and ending times of work each day for each such worker on such
Project.
I do hereby further certify that the hourly rate paid to each worker is not less than
the general prevailing rate of hourly wages required by the Act, and that
_______________(name of contractor), and I on behalf of such contractor, are fully
aware that filing a certified payroll that we know to be false is a Class B misdemeanor. I
further certify that upon two (2) business days' notice, if requested, we and any
subcontractor hired by us shall make available for inspection the records required in the
Act to the District, its officers and agents, and to the Director of Labor, his deputies and
agents, at reasonable hours at a location within the State of Illinois.
Date: ____________________, 2018
____________________________________
(Name of Contractor)
____________________________________
(Signature)
____________________________________
(Printed Name)
____________________________________
(Title)
Subscribed and sworn to before me
this ____ day of _____________, 2018.
______________________________
Notary Public
Section J Contract Bond
Golf Course Cart Path Paving
Bond #_______________________
Subject to Adjustment
Based on
Final Contract Price
=================================================================
We,______________________________________________________ as PRINCIPAL,
and__________________________________________________, as SURETY, are
held and firmly bound unto the Village of Oak Brook (hereafter referred to as "VILLAGE")
in the penal sum of ____________________________ Dollars ($ _____________),
lawful money of the United States, well and truly to be paid unto said VILLAGE, for the
payment of which we bind ourselves, our heirs, executors, administrators, successors,
jointly to pay to VILLAGE this sum under the conditions of this instrument.
WHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, the
said Principal has entered into a written contract with the Village acting through its
awarding authority for the above stated project, which contract is hereby referred to and
made a part hereof, as if written herein at length, and whereby the said Principal has
promised and agreed to perform said work in accordance with the terms of said contract,
including, but not limited to the term requiring the payment at the prevailing rate of hourly
wages, and has promised to pay all sums of money due for any labor, materials,
apparatus, fixtures or machinery furnished to such Principal for the purpose of performing
such work and has further agreed to pay all direct and indirect damages to any person,
firm, company, or corporation suffered or sustained on account of the performance of
such work during the time thereof and until such work is completed and accepted, except
as modified by the Guarantee section of the Bid; and has further agreed that this bond
shall insure to the benefit of any person, firm, company or corporation, to whom any
money may be due from the Principal, subcontractor or otherwise, for any such labor,
materials, apparatus, fixtures or machinery so furnished and that suit may be maintained
on such bond by any such person, firm, company, or corporation, for the recovery of any
such money.
NOW, THEREFORE, if the said Principal shall well and truly perform said work in
accordance with the terms of said contract, and shall pay all sums of money due or to
become due for any labor, materials, apparatus, fixtures or machinery furnished to him for
the purpose of performing such work, and shall commence and complete the work within
the time prescribed in said contract, and shall pay and discharge all damages, direct and
indirect, that may be suffered or sustained on account of such work during the time of the
performance thereof and until the said work shall have been accepted, and shall hold
VILLAGE harmless on account of any such damages and shall in all respects fully and
faithfully comply with all the provisions, conditions, and requirements of said contract,
then this obligation to be void; otherwise to remain in full force and effect.
IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY have caused
this instrument to be signed by their respective officers this _____ day of ________,
2012.
PRINCIPAL
____________________________ ______________________________
(Company Name) (Company Name)
By: ____________________________ By: ______________________________
(Signature) (Signature)
____________________________ ______________________________
(Title) (Title)
(If PRINCIPAL is a joint venture of two or more contractors, the company names and
authorized signatures of each contractor must be affixed.)
SURETY
_______________________________ By:_____________________________
(Name of Surety) (Signature of Attorney in Fact)