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HomeMy WebLinkAboutBath and Tennis Improvement Project_Front End RSBid Opening Date: ………………………………….………...………March 12, 2024 Bid Opening Time: …………………………………………….…………...10:00 AM Bid Opening Location: …………………………………..........Butler Government Center Bid Deposit: ……………..…………………….5% of the Amount of Bid Performance and Labor and Materials Bonds: .………….…......100% of the Amount of Bid Obtain information from: Nicholas Morel, P.E. Christopher B. Burke Engineering, Ltd. 9575 West Higgins Road, Suite 600 Rosemont, Illinois 60018 (847) 823-0500 Submit Bids to: Rania Serences, Purchasing & Budgeting Coordinator Village of Oak Brook Butler Government Center 1200 Oak Brook Road Oak Brook, IL 60523 Note: This cover sheet is an integral part of the contract documents and is, as are all of the following documents, part of any contract executed between the Village of Oak Brook and any successful BIDDER. Do not detach any portion of this document. Invalidation could result. Village of Oak Brook BATH AND TENNIS DRIVE IMPROVEMENTS VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS BID PACKAGE TABLE OF CONTENTS BIDDING DOCUMENTS 1. Invitation for Bidder’s Proposals 2. General Instructions to Bidders 3. Special Instructions to Bidders 4. Bidder’s Proposal 5. Bidder’s Sworn Acknowledgment 6. Bidder’s Sworn Work History Statement 7. Form of Bid Bond 8. Request for Additional Information 9. Bidder’s Sworn Statement of Responsibility 10. Notice of Award CONTRACT 1. Contract Agreement 2. Contractor’s Certification 3. Schedule of Prices 4. General Conditions of Contract 5. Special Conditions of Contract 6. Contract Drawings 7. Special Provisions 8. Form of Performance Bond 9. Form of Labor and Material Payment Bond 10. Prevailing Wage Ordinance -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS INVITATION FOR BIDDER’S PROPOSALS OWNER: ENGINEER: Village of Oak Brook Christopher B. Burke Engineering, Ltd. 1200 Oak Brook Road 9575 W. Higgins Rd., Suite 600 Oak Brook, IL 60523 Rosemont, IL 60018 1. Invitation to Bid Owner invites sealed Bidder’s Proposals for the Work described in detail in the Contract and generally described as follows: Contractor shall resurface and widen Bath & Tennis Drive in the Village of Oak Brook. Work under this Contract will generally include, but is not limited: • Hot-mix asphalt surface removal • HMA base course widening with HMA binder and surface course installation. • PCC shoulder construction • Concrete curb and gutter and sidewalk construction • Pavement markings • Grading and landscaping • Other work as described within the plans and specifications 2. Defined Terms All terms capitalized in this Invitation for Bidder’s Proposals and in the other Bidding Documents are defined in the Bidding Documents and the Contract and shall have such defined meanings wherever used. The Bid Package consists of the Bidding Documents and the Contract, both as hereinafter defined. 3. The Bidding Documents The Bidding Documents consist of the following documents, all of which are by this reference made a part of this Invitation for Bidder’s Proposals as though fully set forth herein: (1) Invitation for Bidder’s Proposals; INVITATION -2- (2) General Instructions to Bidders; (3) Special Instructions to Bidders; (4) Addenda, if issued; (5) Bidder’s Proposal; (6) Bidder’s Sworn Acknowledgment; (7) Bidder’s Sworn Work History Statement; (8) Form of Bid Bond; (9) Request for Additional Information, if any; (10) Bidder’s Sworn Statement of Responsibility, if requested; (11) Other Information Submitted by Bidder, if requested; and (12) Notice of Award. 4. The Contract The Contract consists of the following documents, all of which are by this reference made a part of this Invitation for Bidder’s Proposals as though fully set forth herein: (1) Contract Agreement; (2) Contractor’s Certification; (3) Schedule of Prices; (4) General Conditions of Contract; (5) Special Conditions of Contract; (6) Contract Drawings; (7) Specifications; (8) Form of Performance Bond; (9) Form of Labor and Material Payment Bond; (10) Prevailing Wage Ordinance, Certified Payroll; and INVITATION -3- (11) Addenda, if issued. Engineer may, during construction, furnish such additional Contract Drawings and Specifications or such other explanations as Engineer may consider necessary to illustrate or explain the Work in further detail. The successful Bidder shall be required to comply with the requirements of all such additional Contract Drawings and Specifications or other explanations, all of which shall be considered part of the Contract and shall not be considered as indicating additional Work. 5. Inspection and Examination The Bidding Documents and the Contract may be examined at the office of the Engineer, as listed above. The Bidding Documents can be downloaded from QuestCDN via the Christopher B. Burke Engineering Ltd. (CBBEL) website http://cbbel.com/bidding-info/ or at www.questcdn.com under Login using QuestCDN # 8995009 for a non-refundable charge of $50.00. A QuestCDN login will be required. Contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in membership registration and downloading this digital project information. Contractors must purchase bid documents and be shown on the Bidder’s Planholder List in order to bid. Bids received from contractors who are not in the Bidder’s Planholder List will be rejected. Addenda will be issued only to plan holders. Questions should be directed to Nick Morel (847) 823-0500 or nmorel@cbbel.com. Each prospective Bidder shall, before submitting its Bidder’s Proposal, carefully examine the Bidding Documents and the Contract. Each prospective Bidder shall inspect in detail the Work Site and the surrounding area and shall familiarize itself with all local conditions, including subsurface, underground, and other concealed conditions, affecting the Contract, the Work and the Work Site. The Bidder whose Bidder’s Proposal is accepted will be responsible for all errors in its Bidder’s Proposal including those resulting from its failure or neglect to make a thorough examination and investigation of the Bidding Documents, the Contract, and the conditions of the Work Site and the surrounding area. 6. Bid Opening Owner will receive sealed Bidder’s Proposal for the Work until 10:00 o’clock, a.m., local time, March 12, 2024, at Owner’s office listed above (Attn: Rania Serences, Purchasing & Budgeting Coordinator), at which time, or as soon thereafter as possible, all Bidder’s Proposals will be publicly opened and read aloud within the SE Dean Board Room of the Butler Government Center. Bids received after this date and time will be returned to the sender unopened. 7. Bid Security, Bonds, and Insurance A. Bid Security. Each Bidder’s Proposal shall be accompanied by a security deposit of five (5%) percent of the Bidder’s Price Proposal in the form of (1) a INVITATION -4- Cashier’s Check or Certified Check drawn on a solvent bank insured by the Federal Deposit Insurance Corporation and payable without condition to Owner or (2) a Bid Bond in the form included in the Bidding Documents from a surety company licensed to do business in the State of Illinois with a general rating of A minus and a financial size category of Class X or better in Best’s Insurance Guide. B. Performance and Payment Bonds. The successful Bidder will be required to furnish a Performance Bond and a Labor and Material Payment Bond upon award of the Contract, each in the penal sum of the full amount of the Contract Price, in the form included in the Contract and from a surety company meeting the requirements set forth above. Each Bidder’s Proposal must be accompanied by a letter from such a surety company stating that it will execute Bonds in the form included in the Contract Documents upon award of the Contract to Bidder. C. Insurance. The successful Bidder will be required to furnish certificates of insurance as required by Section 4.2 of the Contract Agreement, Article IV of the General Conditions of Contract, and Section 4 of the Special Conditions of Contract upon award of the Contract. Each Bidder’s Proposal must be accompanied by a letter from Bidder’s insurance carrier or its agent certifying that said insurer has read the requirements set forth in the Contract and will issue the required certificates and policies of insurance upon award of the Contract to Bidder. DATED this 26th day of February 2024. By: Netasha Scarpiniti Village Clerk -i- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS GENERAL INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Section Page 1. Examination of Bidding Documents, Contract, and Work Site .............................. 1 2. Interpretation of the Bidding Documents and the Contract ................................... 3 3. Calculation of Unit Price Proposals and Compensation ....................................... 3 4. Prevailing Wages .................................................................................................. 4 5. Taxes and Benefits ............................................................................................... 4 6. Permits and Licenses ........................................................................................... 4 7. Preparation of Bidder’s Proposal .......................................................................... 5 8. Signature Requirements ....................................................................................... 6 9. Bid Security .......................................................................................................... 7 10. Surety and Insurance Commitments .................................................................... 8 11. Submission of Bidder’s Proposals ........................................................................ 8 12. Withdrawal of Bidder’s Proposals ......................................................................... 8 13. Public Opening of Bidder’s Proposals .................................................................. 9 14. Qualification of Bidders ......................................................................................... 9 15. Disqualification of Bidders .................................................................................. 10 16. Award of Contract ............................................................................................... 11 17. Notice of Award; Effective Date of Award ........................................................... 11 18. Failure to Sign Contract ...................................................................................... 12 19. Time of Starting and Completion ........................................................................ 13 20. Confidentiality ..................................................................................................... 13 -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS GENERAL INSTRUCTIONS TO BIDDERS 1. Examination of Bidding Documents, Contract, and Work Site A. Bidding Documents and the Contract. Each prospective Bidder shall, before submitting its Bidder’s Proposal, carefully examine the Bidding Documents and the Contract as defined in the Invitation for Bidder’s Proposals and included in this Bid Package. The Contract contains provisions appl icable not only to the successful Bidder but also to all of its Subcontractors and Suppliers. In making copies of the Bidding Documents and the Contract available to prospective Bidders, Owner and Engineer do so only for the purpose of obtaining Bidder’s Proposals and such provision does not confer a license or grant for any other use. B. Work and Work Site Conditions. Each prospective Bidder shall, before submitting its Bidder’s Proposal, personally inform itself, by on-site inspection and investigation and by such other appropriate and lawful means as it may wish, of all conditions under which the Work is to be performed; of the obstacles, unusual conditions or difficulties that may be encountered, whether or not referred to in the Bidding Documents or the Contract; and of all other relevant matters concerning the Work Site and the surrounding area, including subsurface, underground and other concealed conditions. In examining the Work Site and the surrounding area, special attention shall be given to the cost and feasibility of the Work to be performed thereon, including the arrangement and conditions of existing or proposed structures that will affect, or that will be affected by, the Work; the procedures necessary for maintenance of uninterrupted operations; the need to interrupt operations for any reason; and the availability and cost of the means and methods of accomplishing the Work. Any prospective Bidder desiring to make borings, explorations, or observations to determine conditions at or around the Work Site shall obtain permission from Owner or from any other property owner, as appropriate, prior to commencement of any such activity. Notwithstanding anything set forth in this Subsection 1B, it shall remain the successful Bidder’s responsibility to (i) determine during construction the presence and location of any underground obstructions and to make adjustments in the alignment or grade of the Work to pass around, over, or under them, and (ii) determine during construction the presence and location of any adverse soil conditions and to take all necessary action to eliminate, address, or otherwise deal with such adverse soil conditions, all without any equitable adjustment in the Contract Time or, except as expressly provided, and only to the limited extent set forth, in Sections 2.1 through 2.3 of the General Conditions of Contract included in this Bid Package, the Contract Price. GENERAL INSTRUCTIONS -2- C. Quantities. Each prospective Bidder shall, before submitting its Bidder’s Proposal, satisfy itself, by personal inspection and investigation of the Work Site or by such other appropriate and lawful means as it may wish, as to the correctness of any quantities listed in the Bidding Documents. D. Equipment, Materials, and Supplies. Each Bidder shall base its Bidder’s Proposal on new, undamaged, first-quality equipment, materials, and supplies complying fully with the Contract, and in the event any Bidder names or includes in its Bidder’s Proposal equipment, materials, or supplies that do not conform, such Bidder shall, if awarded the Contract, be responsible for furnishing equipment, materials, and supplies that fully conform to the Contract at no increase in the Bidder’s Price Proposal. E. Information Provided by Owner. When information pertaining to subsurface, underground or other concealed conditions or obstructions, soils analysis, borings, test pits, buried structures, utility locations or conditions, conditions of existing structures, and similar site information or data and other investigations is shown or indicated on the Contract Drawings included in this Bid Package, is distributed with the Bidding Documents or the Contract, or is otherwise made available to any prospective Bidder by Owner, such information is shown, indicated, distributed, or made available solely for the convenience of such prospective Bidder and is not part of the Bidding Documents or the Contract. Owner assumes no responsibility whatsoever in respect to the sufficiency or accuracy of any such information, and there is no guaranty or warranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work or the Work Site, or that the conditions indicated are representative of those existing at any particular location, or that unanticipated conditions may not be present. F. Representation and Warranty of Bidder. Each Bidder submitting a Bidder’s Proposal expressly thereby represents and warrants that it has had an adequate period of time to conduct, and has conducted, the independent examinations, inspections and investigations required by these General Instructions to Bidders. Each Bidder submitting a Bidder’s Proposal expressly thereby further represents and warrants that Bidder’s Price Proposal includes such allowances for contingencies, as Bidder deems appropriate with respect to such risks and changes in the Work as the successful Bidder is responsible for dealing with under the Contract without any equitable adjustment in the Contract Price or Contract Time. G. Remedies for Failure to Comply. The successful Bidder will be responsible for all errors in its Bidder’s Proposal resulting from such Bidder’s failure or neglect to comply with these General Instructions to Bidders. The successful Bidder shall bear all damages and costs associated therewith, arising therefrom, or resulting from matters or conditions first discovered during the progress of the Work, including, but not limited to, damages or costs resulting from, arising out of, or in any way related to increases in time-related costs; increases in costs of labor, equipment, materials, or supplies; costs of additional personnel; costs of additional equipment; costs of additional premium time for personnel or equipment; increase in costs for Bond or insura nce GENERAL INSTRUCTIONS -3- premiums; lower labor productivity; lost profits or alternative income; effects on other contracts; and costs of demobilization and remobilization. 2. Interpretation of the Bidding Documents and the Contract A. Defined Terms. All terms capitalized in these General Instructions to Bidders and in the other Bidding Documents are defined in the Bidding Documents and the Contract and shall have such defined meanings wherever used. B. Implied Terms. If any workmanship, equipment, materials, or supplies that are not directly or indirectly set forth in the Contract are nevertheless necessary to the proper provision, performance, and completion of the whole of the Work in accordance with the intent of the Contract, each prospective Bidder shall understand such workmanship, equipment, materials, or supplies to be implied and shall provide for such workmanship, equipment, materials, or supplies in its Bidder’s Proposal as fully as if it were particularly described. C. Addenda. No interpretation of the Bidding Documents or the Contract will be made except by written addendum duly issued by Engineer (“Addendum”). No interpretation not contained in an Addendum shall be valid or have any force or effect whatever. All Addenda issued prior to the opening of Bidder’s Proposals shall become a part of the Bidding Documents or the Contract, as the case may be. Each prospective Bidder shall be responsible for inquiring from time to time as to the availability of Addenda. If any prospective Bidder is in doubt as to the true meaning of any part of the Bidding Documents or the Contract, such prospective Bidder shall submit to Engineer a written request for an interpretation thereof as far in advance of the scheduled opening of Bidder’s Proposals as possible. Engineer shall use its best efforts to issue Addenda in response to all valid, appropriate, and timely inquiries, but accepts no responsibility for doing so. Inquiries not answered by Addenda shall be considered invalid, inappropriate, or untimely inquiries. D. Informal Responses. Neither Owner nor Engineer will give oral answers or instructions in response to any inquiries received prior to the award of the Contract regarding the meaning of the Bidding Documents or the Contract nor any oral indication as to the validity of any such inquiry. Any such oral answer, instruction or indication shall not be binding, shall be deemed to be unauthorized and given informally for the convenience of the Person making the inquiry, shall not be guaranteed, and shall not be relied upon by any prospective Bidder. By submitting a Bidder’s Proposal, each Bidder shall be deemed to have agreed that such information has not been used as a basis of its Bidder’s Proposal and that the giving of any such information does not entitle such Bidder to assert any claim or demand against Owner or Engineer on account thereof. GENERAL INSTRUCTIONS -4- 3. Calculation of Unit Price Proposals and Compensation On all items for which Bidder’s Proposals are to be received on a unit price basis, Bidder’s Proposals will be compared on the basis of the approximate number of units stated in the Bidding Documents multiplied by each Bidder’s respective Price Proposal for each Unit Price Item. Payment on the Contract for each Unit Price Item will be based on the actual number of acceptable units of such Unit Price Item installed complete in place, measured on the basis defined in the Contract. The approximate quantities stated in the Bidding Documents shall not be used in establishing the compensation due under the Contract. Such stated quantities are Engineer’s estimate only for Owner’s convenience in comparing Bidder’s Proposals and shall not be relied upon by prospective Bidders. Any increases in the number of units of Unit Price Items required to complete the Work resulting from risks or changes in the Work that the successful Bidder is responsible for dealing with under the Contract without any equitable adjustment in the Contract Price shall be paid for at the respective Price Proposal for each such Unit Price Item. No Bidder shall, after submission of its Bidder’s Proposal, dispute or complain of any estimate of Unit Price Items contained in the Bidding Documents nor assert that there was any misunderstanding in regard to the nature or amount of Work to be done. 4. Prevailing 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. If the Department of Labor revises the wage rates, the revised rate, as made available on the Department's official website, shall apply to this contract and the Contractor will not be allowed additional compensation because of said revisions. The Contractor shall be responsible for notifying each subcontractor of the wage rates set forth in this contract and any revisions thereto. Contractor will comply with the Illinois prevailing wage law, as amended from time to time and made available on the Department of Labor’s official website. Not less than the prevailing rate of wages as found by the Illinois Department of Labor shall be p aid 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, the revised prevailing rate of wages shall apply t o 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 Village of Oak Brook. Contractor shall indemnify, GENERAL INSTRUCTIONS -5- defend, and hold Village of Oak Brook harmless from any loss, including but not limited to Village of Oak Brook'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 mak e 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, last four digits of their social security number, gender, race , ethnicity, veteran status, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, the starting and ending times of wor k each day, the worker’s hourly rate, the worker’s hourly overtime wage rate, the worker’s hourly fringe benefit rates, the name and address of each fringe benefit fund, the plan sponsor of each fringe benefit, if applicable, and the plan administrator of each fringe benefit. The Contractor and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the Department of Labor, through the database created by Section 5.1 of 820 ILCS 130. 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 seven (7) business days' notice, the contractor and each subcontractor shall make available for inspection and copying at a location within this State during reasonable hours, 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. 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. 5. Taxes and Benefits Owner is exempt from state and local sales, use and excise taxes. Bidder’s Price Proposal shall not include any such taxes. A letter of exemption will be provided to the successful Bidder, if necessary. Owner will not reimburse, nor assist the successfu l Bidder in obtaining reimbursement for any state or local sales, use or excise taxes paid by the successful Bidder. The successful Bidder shall be required to reimburse Owner for any such taxes paid. Bidder’s Price Proposal shall include all other applicable federal, state, and local taxes of every kind and nature applicable to the Work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. It shall be the sole responsibility of each prospective Bidder to determine the applicability and amount of such taxes, contributions, GENERAL INSTRUCTIONS -6- and premiums and no extra compensation shall be paid by Owner for the successful Bidder’s failure to include these costs in its Bidder’s Proposal. 6. Permits and Licenses Except as otherwise expressly provided in the Special Conditions of Contract included in this Bid Package, Bidder’s Price Proposal shall include the cost of obtaining all permits, licenses, and other approvals and authorizations required by law for performance of the Work. It shall be the sole responsibility of each prospective Bidder to determine the applicable permits, licenses, and other approvals and authorizations and no extra compensation shall be paid by Owner for the successful Bidder’s failure to include these costs in its Bidder’s Proposal. The successful Bidder shall be required to display all permits, licenses and other approvals and authorizations as required by law. 7. Preparation of Bidder’s Proposal Bidder’s Proposals to enter into the Contract for the Work shall be made only on the blank Bidder’s Proposal form furnished by Owner and included in this Bid Package. Entries on the Bidder’s Proposal form shall be typed or legibly written in ink. Price Proposals are to be written by words and by figures as provided on the Bidder’s Proposal form. In case of any conflict, words shall prevail. In case of any error in adding or multiplying individual items, the prices listed for individual items shal l control over any incorrect total of such items. A Bidder’s Proposal may be rejected if it does not contain a requested price for each and every item named in the Bidder’s Proposal form or may be interpreted as bidding “no charge” to Owner for any item l eft blank, except as may be otherwise provided in the Special Instructions to Bidders included in this Bid Package. Prospective Bidders are warned against making alterations of any kind to the Bidder’s Proposal form or to any entry thereon. Bidder’s Proposals that contain omissions, conditions, alterations, or additions not called for by the Bidding Documents may be rejected or interpreted so as to be most favorable to Owner. Bidder’s Proposals that are not submitted on the Bidder’s Proposal form furnished by Owner or that are separated from this bound Bid Package may be rejected. Each Bidder shall securely staple into its Bidder’s Proposal a copy of each Addendum issued for the Bidding Documents and the Contract and shall include in the place provided therefor in the Bidder’s Proposal form a listing of all such Addenda. Bidder’s Proposals that fail to comply with this Instruction may be rejected. Each Bidder shall complete, sign as required pursuant to Section 8 of these General Instructions to Bidders, and submit with its Bidder’s Proposal all of the following documentation: GENERAL INSTRUCTIONS -7- (1) Bidder’s Sworn Acknowledgment included in this Bid Package; (2) Bidder’s Sworn Work History Statement included in this Bid Package; (3) Bid Security as required by Section 9 of these General Instructions to Bidders; (4) Surety Commitment Letter as specified in the Invitation for Bidder’s Proposals; (5) Insurance Commitment Letter as specified in the Invitation for Bidder’s Proposals; and (6) Such other documentation, if any, as may be required by any Special Instructions to Bidders included in this Bid Package. Every Bidder submitting a Bidder’s Proposal shall be conclusively deemed to have evidenced an intention to be bound thereby whether or not the requirements for signing Bidder’s Proposals found in Section 8 of these General Instructions to Bidders are satisfied. However, any Bidder’s Proposal that fails to comply with Section 8 of these General Instructions to Bidders may nevertheless be rejected. If a deficiently prepared Bidder’s Proposal is not rejected, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with this Instruction. 8. Signature Requirements A. Bidder’s Proposals. The following requirements shall be observed in the signing of each Bidder’s Proposal: (1) Corporations. Each Bidder’s Proposal submitted by a corporation shall be signed by the President or other authorized officer of the corporation and shall also bear the attesting signature of the Secretary or Assistant Secretary of the corporation. (2) Partnerships. Each Bidder’s Proposal submitted by a partnership shall be signed by all of its general partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Bidder’s Proposal a power of attorney executed by all of the general partners of such partnership evidencing authority of such attorney-in-fact to sign the Bidder’s Proposal. GENERAL INSTRUCTIONS -8- (3) Individuals. Each Bidder’s Proposal submitted by an individual shall be signed by such individual or by an attorney- in-fact. If signed by an attorney-in-fact, there shall be attached to the Bidder’s Proposal a power of attorney executed by such individual evidencing the authority of such attorney-in-fact to sign the proposal. (4) Joint Ventures. Each Bidder’s Proposal submitted by a joint venture shall be signed by each signatory of the joint venture agreement by which such joint venture was formed in accordance with the applicable provisions of (1), (2) and (3) above or by an attorney-in-fact. If signed by an attorney-in- fact, there shall be attached to the Bidder’s Proposal a power of attorney executed by each signatory to the joint venture agreement evidencing the authority of such attorney-in-fact to sign the proposal. Any Bidder’s Proposal that fails to comply with this Instruction may be rejected, or, if not rejected, Owner may demand correction thereof and award the Contract to Bidder upon satisfactory compliance with this Instruction. B. Other Documents. The signature requirements set forth in Subsection 8A shall apply to all other documents in the Bid Package required to be executed by Bidder, Bidder’s sureties, and Bidder’s insurance representatives as well as to the Contract Agreement, the Contractor’s Certification and all other required documentation related to the Contract. Any Bidder’s Proposal that fails to comply with this Instruction may be rejected, or, if not rejected, Owner may demand correction thereof and award the Contract to Bidder upon satisfactory compliance with this Instruction. 9. Bid Security A. Required Bid Security. Every Bidder’s Proposal shall be accompanied by a 5% bid security in the form of a Cashier’s Check, Certified Check or Bid Bond as specified in the Invitation for Bidder’s Proposals (“Bid Security”), which Bid Security shall stand as a guaranty that (1) if Bidder is determined to be one of the Most Favorable Bidders (see Section 14B below), Bidder will submit all additional information requested by Owner; (2) if such Bidder’s Proposal is accepted, Bidder will timely file the Bonds and the certificates and policies of insurance required by the Contract; and (3) if such Bidder’s Proposal is accepted, Bidder will timely execute the Contract Agreement, the Contractor’s Certification, and all other required documentation related to the Contract. GENERAL INSTRUCTIONS -9- Any Bidder’s Proposal that fails to comply with this Instruction may be rejected, or, if not rejected, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with this Instruction. B. Return of Bid Security. Bid Security submitted in the form of Cashier’s Checks or Certified Checks will be returned to all except the Most Favorable Bidders within five Days after the opening of Bidder’s Proposals, and to the Most Favorable Bidders within five Days after execution of the Contract Agreement by Owner. Bid Bonds will not be returned unless otherwise requested by Bidder. C. Liquidated Damages. If a Most Favorable Bidder fails to timely submit all additional information requested by Owner, or if the successful Bidder fails to timely and properly submit all required Bonds, certificates and policies of insurance, or if the successful Bidder fails to timely and properly execute the Contract Agreement, the Contractor’s Certification and all other required documentation related to the Contract, it will be difficult and impracticable to ascertain and determine the amount of damag e that Owner will sustain by reason of any such failure. For such reason, every Bidder shall, by submitting its Bidder’s Proposal, be deemed to agree that Owner shall have the right, at its option in the event of any such default, to retain or recover as reasonably estimated liquidated damages, and not as a penalty, the entire amount of the Bid Security or ten percent of the Bidder’s Price Proposal, whichever is greater, or to exercise any and all equitable remedies it may have against the defaulting Bidder. 10. Surety and Insurance Commitments Every Bidder’s Proposal shall be accompanied by: (1) A letter from a surety company, licensed to do business in the State of Illinois with a general rating of A minus and a financial size category of Class X or better in Best’s Insurance Guide, stating that it will execute Bonds in the form included in the Contract Documents upon award of the Contract to Bidder. (2) A letter from Bidder’s insurance carrier or its agent certifying that said insurer has read the insurance requirements set forth in the Contract and will issue the required certificates and policies of insurance upon award of the Contract to Bidder. Any Bidder’s Proposal that fails to comply with this Instruction may be rejected, or, if not rejected, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with this Instruction. 11. Submission of Bidder’s Proposal One copy of each Bidder’s Proposal, properly signed, together with the required Bid Security (see Section 9), the required surety and insurance commitment letters (see Section 10) and all other required documents, shall be enclosed in a sealed GENERAL INSTRUCTIONS -10- envelope or package and shall be addressed and delivered to the place, before the time, and in the manner designated in the Invitation for Bidder’s Proposals. Each sealed envelope or package containing a Bidder’s Proposal shall be identified as such and s hall be marked with the title of the Contract and Bidder’s full legal name. All documents designated in the Bidding Documents or the Contract, including any Addenda, will be considered part of each Bidder’s Proposal whether attached or not. The Bidder’s Proposal form shall not be removed from this bound Bid Package. 12. Withdrawal of Bidder’s Proposal Any Bidder’s Proposal may be withdrawn at any time prior to the opening of any Bidder’s Proposal, provided that a request in writing, executed by Bidder in the manner specified in Section 8 of these General Instructions to Bidders, for the withdrawal of such Bidder’s Proposal is filed with Owner prior to the opening of any Bidder’s Proposal. The withdrawal of a Bidder’s Proposal prior to opening of any Bidder’s Proposal will not prejudice the right of Bidder to file a new Bidder’s Proposal. No Bidder’s Proposal shall be withdrawn without the consent of Owner for a period of 90 Days after the opening of any Bidder’s Proposal. Any Bidder’s Proposal may be withdrawn at any time following the expiration of said 90 Day period, provided that a request in writing, executed by Bidder in the manner specified in Section 8 of these General Instructions to Bidders, for the withdrawal of such Bidder’s Proposal is filed with Owner after said 90 Day period. If no such request is filed, the date for accepta nce of such Bidder’s Proposal shall be deemed to be extended until such a request is filed or until Owner executes a Contract pursuant to the Invitation for Bidder’s Proposals or until Owner affirmatively and in writing rejects such Bidder’s Proposal. 13. Public Opening of Bidder’s Proposals Bidder’s Proposals will be opened, and the Price Proposals will be read aloud publicly at the time and place indicated in the Invitation for Bidder’s Proposals or as soon thereafter as possible. Bidders or their agents are invited to be present. All Bidder’s Proposals received after the specified time of opening will be returned unopened. 14. Qualification of Bidders A. Factors. Owner intends to award the Contract only to a Bidder that furnishes satisfactory evidence that it has the requisite experience, ability, capital, facilities, plant, organization and staffing to enable it to perform the Work successfully and promptly and to complete the Work for the Contract Price and within the Contract Time. B. Most Favorable Bidders. A preliminary determination as to eligibility of up to three Bidders (herein referred to as “Most Favorable Bidders”) who shall be eligible for further consideration shall be made on the basis of the amount of the Bidder’s Price Proposals, Owner’s prior experience with the Bidders, Owner’s knowledge of the Bidders’ performance on other relevant projects, and all other relevant facts or matters GENERAL INSTRUCTIONS -11- mentioned in the Bidding Documents or the Contract or that Owner may legally consider in making its determination. The making of such a preliminary determination shall not waive Owner’s right to reject any and all Bidder’s Proposals nor waive such other r ights as are set forth in Section 16 of these General Instructions to Bidders. C. Final Determination. The final selection of the successful Bidder from among the Most Favorable Bidders shall be made on the basis of the above - mentioned factors and any additional information that may be requested of all or any one or more of the Most Favorable Bidders. Such additional information may include, but is not limited to, a listing of available personnel, plant, and equipment; a description of current workloads and any pending bids or proposals; financial and litigation statements; and any other pertinent information. If such additional information is required, Owner shall issue a Request for Additional Information to one or more of the Most Favorable Bidders. In the event Owner issues a Request for Additional Information, the responding Bidder shall provide such information within two business days after receipt of said Request for Additional Information or such other period as may be set forth therein. Failure to so answer shall, at Owner’s option, be grounds for the imposition of liquid ated damages, as more specifically set forth in Section 9 above. 15. Disqualification of Bidders A. More Than One Bidder’s Proposal. No more than one Bidder’s Proposal for the Work described in the Contract shall be considered from any single corporation, partnership, individual or joint venture, whether under the same or different names and whether or not in conjunction with any other corporation, partnership, individual or joint venture. Reasonable grounds for believing that any corporation, partnership, individual or joint venture is interested, as a principal, in more than one Bidder’s Proposal for the Work may cause the rejection of all Bidder’s Proposals in which such corporation, partnership, individual or joint venture is interested. Nothing contained in this Subsection 15A shall prohibit any single corporation, partnership, individual or joi nt venture, whether under the same or different names and whether or not in conjunction with any other corporation, partnership, individual or joint venture, from submitting a bid or quoting prices to more than one Bidder for equipment, materials and supplies or labor to be furnished as a Subcontractor or Supplier. B. Collusion. If there are reasonable grounds for believing that collusion exists among any Bidders, all Bidder’s Proposals of the participants in such collusion will not be considered. C. Default. If a Bidder is or has been in default on a contract with Owner or in the payment of monies due to the Owner, its Bidder’s Proposal will not be considered. D. Deficiencies. Owner expressly reserves the right in its sole and absolute discretion to disqualify any Bidder that: GENERAL INSTRUCTIONS -12- (1) submits a Bidder’s Proposal that does not contain a lump sum or unit price for each pay item requested; (2) submits a Bidder’s Proposal on a form other than the Bidder’s Proposal form included in the Bidding Documents or alters such form or detaches any part of such form from this bound Bid Package; (3) submits a Bidder’s Proposal that contains omissions, alterations, unauthorized additions, conditional or alternate bids, or irregularities of any kind that may tend to make the Bidder’s Proposal incomplete, indefinite, or ambiguous as to its meaning, including, but not limited to, conditional surety and insurance commitment letters; (4) submits an unsigned or improperly signed Bidder’s Proposal; (5) submits a Bidder’s Proposal containing any provision reserving the right to accept or reject an award or to enter into a Contract pursuant to award; or (6) submits a Bidder’s Proposal that is not prepared in ink. If the deficient Bidder is not disqualified, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with these General Instructions to Bidders and any Special Instructions to Bidders included in this Bid Package. 16. Award of Contract A. Reservation of Rights. Owner reserves the right to accept the Bidder’s Proposal that is, in its judgment, the best and most favorable to the interests of Owner and the public; to reject the low Price Proposal; to accept any item of any Bidder’s Proposal; to reject any and all Bidder’s Proposals; to accept and incorporate corrections, clarifications or modifications following the opening of the Bidder’s Proposals when to do so would not, in Owner’s opinion, prejudice the bidding process or create any imp roper advantage to any Bidder; and to waive irregularities and informalities in the bidding process or in any Bidder’s Proposal submitted; provided, however, that the waiver of any prior defect or informality shall not be considered a waiver of any future or similar defects or informalities, and Bidders should not rely upon, or anticipate, such waivers in submitting their Bidder’s Proposals. B. Firm Offers. All Bidder’s Proposals are firm offers to enter into the Contract and no Bidder’s Proposals shall be deemed rejected, notwithstanding acceptance of any other Bidder’s Proposal, until the Contract has been executed by both Owner and the successful Bidder or until Owner affirmatively and in writing expressly rejects such Bidder’s Proposal. GENERAL INSTRUCTIONS -13- C. Time of Award. It is expected that the award of the Contract, if it is awarded, will be made within 90 Days following the opening of the Bidder’s Proposals. Should administrative difficulties be encountered after the opening of the Bidder’s Proposals, including the annulment of any award, that may delay an award or subsequent award beyond such 90 Day period, Owner may accept any Bidder’s Proposal for which the date for acceptance has been extended as provided in Section 12 of these General Instructions to Bidders in order to avoid the need for re -advertisement. No Bidder shall be under any obligation to extend the date for acceptance of its Bidder’s Proposal. Failure of one or more of the Bidders or their sureties to extend the date for acceptance of its Bidder’s Proposal shall not prejudice the right of Owner to accept any Bidder’s Proposal for which the date for acceptance has been extended. 17. Notice of Award; Effective Date of Award If the Contract is awarded by Owner, such award shall be effective when a Notice of Award, in the form included in this Bid Package, or similar, has been delivered to the successful Bidder (“Effective Date of Award”). Engineer will prepare two (2)copies of the Contract based upon Bidder’s Proposal and will submit them to the successful Bidder with the Notice of Award. Successful Bidder will have fourteen (14) days to return fully executed contract, certificate of insurance, and required bonds to the Owner . 18. Failure to Sign Contract A. Annulment of Award; Liquidated Damages. The failure or refusal of a successful Bidder to comply or to otherwise fail or refuse to Sign the contract shall be just cause for the annulment of the award and the imposition of liquidated damages or the exercise of equitable remedies, both as more specifically set forth in Section 9 above. B. Subsequent Awards. Upon annulment of an award, Owner may accept, and award a Contract based on, any other Bidder’s Proposal as Owner, in its sole judgment, deems to be the best or may invite new Proposals or may abandon the bidding process or the Work. 19. Time of Starting and Completion Work shall commence, shall be continuously and diligently prosecuted, and shall be completed within the Contract Time stated in the Contract. BIDDERS ARE DIRECTED TO THE GENERAL AND SPECIAL CONDITIONS OF CONTRACT INCLUDED IN THIS BID PACKAGE FOR PROVISIONS CONCERNING COORDINATION OF THE WORK WITH OTHER WORK BEING UNDERTAKEN BY OR FOR OWNER. NO CLAIMS FOR DELAY OR INTERFERENCE BASED ON ANY SUCH OTHER WORK WILL BE ALLOWED. BIDDERS ARE DIRECTED TO THE GENERAL AND SPECIAL CONDITIONS OF CONTRACT INCLUDED IN THIS BID PACKAGE FOR PROVISIONS, IF ANY, GENERAL INSTRUCTIONS -14- RELATED TO LIQUIDATED DAMAGES FOR DELAYS IN COMPLETION OF THE WORK OR ANY PORTION THEREOF. 20. Confidentiality Each Bidder shall identify any information submitted in the bidding process that is considered by it to be confidential or proprietary. Owner shall not disclose, outside the bidding process, at any time, either during or subsequent to the bidding process, any such designated confidential or proprietary information, unless such disclosure will not cause competitive harm, or such information was actually known to Owner prior to its submission by Bidder, or such information was properly obtained or developed independently by Owner, or Bidder consents to such disclosure. Notwithstanding the foregoing, each Bidder, by its submission of its Bidder’s Proposal, acknowledges that Owner is subject to the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., and that no disclosure made in good faith by Owner pursuant to such Act shall be deemed to violate this Section. -i- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS SPECIAL INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Section Page 1. Special Bidding Considerations ............................................................................ 1 2. Special Construction Considerations .................................................................... 1 -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS SPECIAL INSTRUCTIONS TO BIDDERS 1. Special Bidding Considerations 2. Special Construction Considerations -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS BIDDER’S PROPOSAL Full Name of Bidder _____________________________________________ (“Bidder”) Principal Office Address __________________________________________________ Local Office Address ____________________________________________________ Contact Person _____________________________ Telephone _________________ TO: Village of Oak Brook (“Owner”) 1200 Oak Brook Road Oak Brook, Illinois 60523 Attention: Tim O’Malley, Interim Public Works Director Bidder acknowledges and agrees that all capitalized terms in this Bidder’s Proposal shall have the meaning given to them in the Bidding Documents and the Contract. Bidder warrants and represents that Bidder has carefully examined the Work Site described below and its environs and has reviewed and understood all documents included, referred to, or mentioned in this bound Bid Package, including Addenda Nos. __________, [if none, write “NONE”], which are securely stapled to the end of this Bidder’s Proposal. 1. Work Proposal A. Contract and Work. If this Bidder’s Proposal is accepted, Bidder proposes, and agrees, that Bidder will contract with Owner, in the form of the Contract Agreement included in this Bid Package: (1) to provide, perform, and complete at the site or sites described in this Bid Package (“Work Site”) and in the manner described and specified in this Bid Package all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary for the design, if any, construction, and installation of the Bath and Tennis Drive improvements, together with related attachments, equipment and appurtenances thereto; (2) to procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith except as otherwise expressly provided in the Special Conditions of Contract included in this Bid Package; (3) to procure and furnish all Bonds and all certificates and policies of insurance specified in this Bid Package; (4) to pay all PROPOSAL -2- applicable federal, state, and local taxes; (5) to do all other things required of Contractor by the Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in full compliance with, and as required by or pursuant to, the Contract; all of which is herein referred to as the “Work.” B. Manner and Time of Performance . If this Bidder’s Proposal is accepted, Bidder proposes, and agrees, that Bidder will perform the Work in the manner and time prescribed in this Bid Package and according to the requirements of Owner pursuant thereto. C. General. If this Bidder’s Proposal is accepted, Bidder proposes, and agrees, that Bidder will do all other things required of Bidder or Contractor, as the case may be, by this Bid Package. 2. Contract Price Proposal If this Bidder’s Proposal is accepted, Bidder will, except as otherwise provided in Article II of the General Conditions of Contract included in this Bid Package, take in full payment for the Work and all other matters set forth under Section 1 above, including overhead and profit; taxes, contributions, and premiums; compensation to all Subcontractors and Suppliers; and such risks and changes in the Work as Bidder or Contractor, as the case may be, is responsible for dealing with under the Contract without any equitable adjustment in the Contract Price, the compensation set forth on the following “Schedule of Prices” (“Price Proposal”), which Schedule of Prices Bidder understands and agrees will be made a part of the Contract Documents: PROPOSAL -3- SCHEDULE OF PRICES Item No. Item Unit Quantity Unit Price Total 20100110 TREE REMOVAL (6 TO 15 UNITS DIAMETER) UNIT 20 20101000 TEMPORARY FENCE FOOT 700 20101200 TREE ROOT PRUNING EACH 10 20101300 TREE PRUNING (1 TO 10 INCH DIAMETER) EACH 10 20200100 EARTH EXCAVATION CU YD 250 20201200 REMOVAL AND DISPOSAL OF UNSUITABLE MATERIAL CU YD 600 20700220 POROUS GRANULAR EMBANKMENT CU YD 300 20800150 TRENCH BACKFILL CU YD 25 21001000 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION SQ YD 600 21101615 TOPSOIL FURNISH AND PLACE, 4" SQ YD 1500 21400100 GRADING AND SHAPING DITCHES FOOT 150 25000210 SEEDING, CLASS 2A ACRE 0.3 25100630 EROSION CONTROL BLANKET SQ YD 1500 28000305 TEMPORARY DITCH CHECKS FOOT 100 28000400 PERIMETER EROSION BARRIER FOOT 500 28000500 INLET AND PIPE PROTECTION EACH 3 28000510 INLET FILTERS EACH 1 28100105 STONE RIPRAP, CLASS A3 SQ YD 35 28200200 FILTER FABRIC SQ YD 40 35101600 AGGREGATE BASE COURSE, T B 4" SQ YD 870 35600685 HOT-MIX ASPHALT BASE COURSE WIDENING, 5 1/2" SQ YD 35 40201000 AGGREGATE FOR TEMPORARY ACCESS TON 6 40600290 BITUMINOUS MATERIALS (TACK COAT) POUND 4200 40603080 HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50 TON 460 40604060 HOT-MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50 TON 400 42400200 PORTLAND CEMENT CONCRETE SIDEWALK 5 INCH SQ FT 520 PROPOSAL -4- 42400800 DETECTABLE WARNINGS SQ FT 40 44000100 PAVEMENT REMOVAL SQ YD 350 44000155 HOT-MIX ASPHALT SURFACE REMOVAL, 1 1/2" SQ YD 4700 44201741 CLASS D PATCHES, TYPE II, 8 INCH SQ YD 46 44201747 CLASS D PATCHES, TYPE IV, 8 INCH SQ YD 600 48300400 PORTLAND CEMENT CONCRETE SHOULDERS 9" SQ YD 810 50105220 PIPE CULVERT REMOVAL FOOT 180 54213657 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 12" EACH 7 542A0217 PIPE CULVERTS, CLASS A, TYPE 1 12" FOOT 102 550A0050 STORM SEWERS, CLASS A, TYPE 1 12" FOOT 32 60207605 CATCH BASINS, TYPE C, TYPE 8 GRATE EACH 1 60500050 REMOVING CATCH BASINS EACH 1 60605000 COMBINATION CONCRETE CURB AND GUTTER, TYPE B-6.24 FOOT 195 66900200 NON-SPECIAL WASTE DISPOSAL CU YD 30 67100100 MOBILIZATION L SUM 1 72000100 SIGN PANEL - TYPE 1 SQ FT 50 72900200 METAL POST - TYPE B FOOT 60 78000100 THERMOPLASTIC PAVEMENT MARKING - LETTERS AND SYMBOLS SQ FT 70 78000200 THERMOPLASTIC PAVEMENT MARKING - LINE 4" FOOT 550 78000400 THERMOPLASTIC PAVEMENT MARKING - LINE 6" FOOT 40 78000600 THERMOPLASTIC PAVEMENT MARKING - LINE 12" FOOT 75 78000650 THERMOPLASTIC PAVEMENT MARKING - LINE 24" FOOT 30 $1.00 $10,000.00 X7010216 TRAFFIC CONTROL AND PROTECTION, (SPECIAL) L SUM 1 Z0013798 CONSTRUCTION LAYOUT L SUM 1 N/A ITEMS AS ORDERED BY ENGINEER EACH 15000 Bidder’s Total Proposal = PROPOSAL -5- B. BASIS FOR DETERMINING PRICES It is expressly understood and agreed that: [1.] The approximate quantities set forth in this Schedule of Prices for each Unit Price Item are Engineer’s estimate only, that Owner reserves the right to increase or decrease such quantities, and that payment for each Unit Price Item shall be made only on the actual number of acceptable units of such Unit Price Item installed complete in place, measured on the basis defined in the Contract;] 2. The Price Proposal includes allowances for contingencies as Bidder deems appropriate with respect to such risks and changes in the Work that Bidder or Contractor, as the case may be, is responsible for dealing with under the Contract without any equitable adjustment in the Contract Price; 3. Bidder or Contractor, as the case may be, shall be compensated only in accordance with the Contract and shall not be entitled to equitable adjustments in the Contract Price as a result of any claims by Subcontractors or Suppliers arising only under thei r Subcontracts and not provided for in the Contract; 4. Owner is not subject to state or local sales, use and excise taxes and no such taxes are included in this Schedule of Prices; 5. All other applicable federal, state, and local taxes of every kind and nature applicable to the Work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits are included in this Schedule of Prices; and 6. All costs, royalties, and fees arising from the use on, or the incorporation into, the Work of patented equipment, materials, supplies, tools, appliances, devices, processes, or inventions are included in this Schedule of Prices. All claim or right to [dispute or complain of any such estimated quantity, or to assert that there was any misunderstanding in regard to the nature or amount of any Unit Price Item to be provided or performed, or to] claim any additional compensation by reason of such risks, changes, and Subcontractor or Supplier claims, or payment of any such tax, contribution, or premium or any such cost, royalty or fee is hereby waived and released. PROPOSAL -6- 3. Contract Time Proposal If this Bidder’s Proposal is accepted, Bidder will commence the Work immediately upon execution by Owner of the Contract Agreement (“Commencement Date”) and will perform the Work diligently and continuously and will complete the Work, by no later than May 16, 2024 (“Completion Date”). 4. Firm Proposal All prices and other terms stated in this Bidder’s Proposal are firm and shall not be subject to withdrawal, escalation, or change for a period of 90 Days after the date on which any Bidder’s Proposal is opened or such extended acceptance date for Bidder’s Proposals as may be established pursuant to Sections 12 and 16 of the General Instructions to Bidders. 5. Bidder Representations A. No Collusion. Bidder warrants and represents that the only Persons interested in this Bidder’s Proposal as principals are those named in the Bidder’s Sworn Acknowledgment attached hereto and that this Bidder’s Proposal is made without collusion with any other Person. B. Not Barred. Bidder warrants, represents, and certifies that it is not barred by law from contracting with Owner or with any unit of state or local government. C. Qualified. Bidder warrants and represents that it has the requisite experience, ability, capital, facilities, plant, organization, and staff to enable Bidder to perform the Work successfully and promptly and to commence and complete the Work within the Contract Price and Contract Time Proposals set forth above. In support thereof, Bidder submits the attached Sworn Work History Statement. In the event Bidder is preliminarily deemed to be one of the Most Favorable Bidders, Bidder hereby agrees to furnish upon request, within two business days or such longer period as may be set forth in the request, such additional information as may be necessary to satisfy Owner that Bidder is adequately prepared to fulfill the Contract. D. Owner’s Reliance. Bidder acknowledges that Owner is relying on all warranties, representations and statements made by Bidder in this Bidder’s Proposal. 6. Surety and Insurance Bidder herewith tenders surety and insurance commitment letters as specified in Section 7 of the Invitation for Bidder’s Proposals included in this Bid Package. 7. Bid Security Bidder herewith tenders a Cashier’s Check, Certified Check, or Bid Bond as specified in Section 7 of the Invitation for Bidder’s Proposals included in this Bid Package PROPOSAL -7- for the sum of ___________________________ dollars ($____________), which is equal to five (5%) percent of Bidder’s Price Proposal (“Bid Security”). 8. Owner’s Remedies Bidder acknowledges and agrees that should Bidder fail to timely submit all additional information that is requested of it; or should Bidder, if Owner awards Bidder the Contract, fail to timely submit all the Bonds and all the certificates and policies of insurance required of it; or should Bidder, if Owner awards Bidder the Contract, fail to timely execute the Contract Agreement, the Contractor’s Certification and all other required documentation related to the Contract, it will be difficult and impracticable to ascertain and determine the amount of damage that Owner will sustain by reason of any such failure and, for such reason, Owner shall have the right, at its option in the event of any such default by Bidder, to retain or recover as reasonably estimat ed liquidated damages, and not as a penalty, the entire amount of the Bid Security or to exercise any and all equitable remedies it may have against Bidder. 9. Owner’s Rights Bidder acknowledges and agrees that Owner reserves the right to reject any and all Bidder’s Proposals, reserves the right to accept or reject any item of any Bidder’s Proposal and reserves such other rights as are set forth in Section 16 of the General Instructions to Bidders and Section 1 of the Special Instructions to Bidders included in this Bid Package. 10. Bidder’s Obligations In submitting this Bidder’s Proposal, Bidder understands and agrees that it shall be bound by each, and every term, condition or provision contained in the Bidding Documents and the Contract, which are by this reference incorporated herein and made a part hereof. DATED this ______ day of ____________, 2024. Attest/Witness __________________________________ Bidder By: ___________________________ By: _______________________________ Title: ___________________________ Title: ______________________________ SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS PROPOSAL -8- ADDENDA TO BID PACKAGE Each Bidder shall securely staple to this page any and all Addenda issued prior to the opening of Bidder’s Proposals. Each Bidder shall also list all such Addenda in the place provided therefor in the Bidder’s Proposal form. If Bidder received no Addenda, Bidder shall so indicate by placing an “X” in the box below: No Addenda Received -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS BIDDER’S SWORN ACKNOWLEDGMENT _______________________________ (“Deponent”), being first duly sworn on oath, deposes and states that the undersigned Bidder is organized as indicated below and that all statements herein made are made on behalf of such Bidder in support of its Bidder’s Proposal for the above Contract and that Deponent is authorized to make them. Deponent also deposes and states that Bidder has carefully prepared, reviewed and checked its Bidder’s Proposal and that the statements contained in its Bidder’s Proposal and in this Acknowledgment are true and correct. COMPLETE APPLICABLE SECTION ONLY 1. Corporation Bidder is a corporation that is organized and existing under the laws of the State of ___________, that is qualified to do business in the State of Illinois, and that is operating under the legal name of ________________________________________. Pursuant to a Resolution of the corporation’s Board of Directors taken on __________________, ______________________________, who is the ___________________ of the corporation, is authorized to sign this Bidder’s Proposal, the Contract and all documents related thereto. The officers of the corporation are as follows: TITLE NAME ADDRESS President ____________________ __________________________ Vice President ____________________ __________________________ Secretary ____________________ __________________________ Treasurer ____________________ __________________________ The stockholders of the corporation who own 10 percent or more of its stock of any class are as follows: ACKNOWLEDGMENT -2- PERCENTAGE NAME ADDRESS OWNERSHIP ___________________ ______________________ ___________ ___________________ ______________________ ___________ ___________________ ______________________ ___________ ___________________ ______________________ ___________ ___________________ ______________________ ___________ 2. Partnership Bidder is a partnership that is organized, existing and registered under the laws of the State of Illinois pursuant to that certain Partnership Agreement dated as of ______________, that is qualified to do business in the State of __________, and that is operating under the legal name of ______________________. The general partners of the partnership are as follows: PERCENTAGE NAME ADDRESS OWNERSHIP ___________________ ______________________ ___________ ___________________ ______________________ ___________ ___________________ ______________________ ___________ ___________________ ______________________ ___________ Pursuant to a power of attorney executed by all of the General Partners on ______________, a certified copy of which is hereto attached, _______________________ is the attorney -in-fact for the partnership and is authorized to sign this Bidder’s Proposal, the Contract and all documents related thereto for the partnership. [Strike out this paragraph if not applicable] 3. Individual Bidder is an individual whose full name is ___________________________, whose residence address is _________________________________________________ and whose business address is ________________________________. If operating under a trade or assumed name, said trade or assumed name is as follows: _________________________________________. ACKNOWLEDGMENT -3- Pursuant to a power of attorney executed by Bidder on __________________, a certified copy of which is hereto attached, ______________________________ is the attorney -in-fact for Bidder and is authorized to sign this Bidder’s Proposal, the Contract and all documents related thereto for Bidder. [Strike out this paragraph if not applicable] 4. Joint Venture Bidder is a joint venture that is organized and existing under the laws of the State of ________ pursuant to that certain Joint Venture Agreement dated as of ______________, that is qualified to do business in the State of __________, and that is operating under the legal name of ______________________________. The signatories to the aforesaid Joint Venture Agreement are as follows: PERCENTAGE NAME ADDRESS OWNERSHIP ___________________ (___) ______________________ ___________ ___________________ (___) ______________________ ___________ ___________________ (___) ______________________ ___________ ___________________ (___) ______________________ ___________ ___________________ (___) ______________________ ___________ [For each signatory indicate the type of entity (Corporation = “C”; Partnership = “P”; and Individual = “I”) and provide, on separate sheets, the information required in Paragraph 1, 2, or 3 above, as applicable] Pursuant to a power of attorney executed by all signatories to the aforesaid Joint Venture Agreement on __________________, a certified copy of which is hereto attached, _______________________________ is the attorney -in-fact for Bidder and is authorized to sign this Bidder’s Proposal, the Contract and all documents related thereto for Bidder. [Strike out this paragraph if not applicable] ACKNOWLEDGMENT -4- DATED this ______ day of ____________, 20___. Attest/Witness __________________________________ Bidder By: ___________________________ By: _______________________________ Title: ___________________________ Title: ______________________________ Subscribed and Sworn to My Commission Expires: __________________ before me this ____ day of _____________, 20___. _____________________________ [SEAL] Notary Public SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS BIDDER’S SWORN WORK HISTORY STATEMENT _______________________________ (“Deponent”), being first duly sworn on oath, deposes and states that all statements made in this Sworn Work History Statement are made on behalf of the undersigned Bidder in support of its Bidder’s Proposal for the above Contract and that Deponent is authorized to make them. Deponent also deposes and states that Bidder has carefully prepared, reviewed and checked this Sworn Work History Statement and that the statements contained in this Sworn Work History Statement are true and correct. IF NECESSARY FOR FULL DISCLOSURE, ADD SEPARATE SHEETS JOINT VENTURES MUST SUBMIT SEPARATE SWORN WORK HISTORY STATEMENTS FOR THE JOINT VENTURE AND FOR EACH SIGNATORY TO THE JOINT VENTURE AGREEMENT 1. Nature of Business State the nature of Bidder’s business: __________________________ ______________________________________________________________________ 2. Composition of Work During the past three years, Bidder’s work has consisted of: ____% Federal ____% As Contractor ____% Bidder’s Forces ____% Other Public ____% As Subcontractor ____% Subcontractors ____% Private ____% Materials 3. Years in Business State the number of years that Bidder, under its current name and organization, has been continuously engaged in the aforesaid business: _______ years WORK HISTORY STATEMENT -2- 4. Predecessor Organizations If Bidder has been in business under its current name and organization for less than five years, list any predecessor organizations: NAME ADDRESS YEARS ___________________ ___________________________ __________ ___________________ ___________________________ __________ ___________________ ___________________________ __________ 5. Business Licenses List all business licenses currently held by Bidder: ISSUING AGENCY TYPE NUMBER EXPIRATION _____________________ ____________ ___________ _____________ _____________________ ____________ ___________ _____________ _____________________ ____________ ___________ _____________ 6. Related Experience List three projects most comparable to the Work completed by Bidder, or its predecessors, in the past five years: PROJECT ONE PROJECT TWO PROJECT THREE Owner Name ____________ ____________ _______________ Owner Address ____________ ____________ _______________ ____________ ____________ _______________ Reference ____________ ____________ _______________ Telephone Number ____________ ____________ _______________ Type of Work ____________ ____________ _______________ WORK HISTORY STATEMENT -3- PROJECT ONE PROJECT TWO PROJECT THREE Contractor ____________ ____________ _______________ (If Bidder was) (Subcontractor) ____________ ____________ _______________ ____________ ____________ _______________ ____________ ____________ _______________ Amount of Contract ____________ ____________ _______________ Date Commenced ____________ ____________ _______________ Date Completed ____________ ____________ _______________ DATED this ______ day of ____________, 20___. Attest/Witness __________________________________ Bidder By: ___________________________ By: _______________________________ Title: ___________________________ Title: ______________________________ Subscribed and Sworn to My Commission Expires: _________ before me this ____ day of _____________, 20___. _____________________________ [SEAL] Notary Public SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS BID BOND KNOW ALL MEN BY THESE PRESENTS: that _____________________________________________________________________, (Here insert full name and address of Bidder) as Principal, hereinafter called Bidder, and _____________________________________________________________________, (Here insert full name and address of Surety) as Surety, a corporation organized and existing under the laws of the State of __________, hereinafter called Surety, are held and firmly bound unto the Village of Oak Brook, 1200, Oak Brook Road, Oak Brook, Illinois 60523, as Obligee, hereinafter called Owner, in the full and just sum of ____________________________________ Dollars ($_______________), for the payment of which sum of money well and truly to be made, Bidder and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Bidder has submitted a Bidder’s Proposal dated ______________, 20___, to Owner entitled “Contract for the Construction of Bath and Tennis Drive improvements Bidder’s Proposal” (the “Proposal”), the terms and conditions of which are by this reference incorporated herein as though fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if Bidder shall timely submit all additional information that is required of it and, if the Proposal shall be accepted by Owner, Bidder shall (1) timely submit all the Bonds and all the certificates of insurance required of it, (2) timely execute the Contract Agreement and the Contractor’s Certification, in the form included in the bound Bid Package, and all other required documentation related to the Contract, and (3) in all other respects, perform the agreement created by Owner’s acceptance of the Proposal, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety, for value received, hereby stipulates, and agrees that the obligations of Surety under this bond shall be in no way impaired or affected by any extension of the time within which Owner may accept the Proposal, and Surety does hereby waive notice of any such extension. BID BOND -2- Owner shall have no obligation to incur any expense or correct any deficient performance of Bidder in order to be entitled to receive the proceeds of this bond. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or the heirs, executors, administrators, or successors of Owner. Signed and sealed this ____ day of __________, 20___. Attest/Witness: PRINCIPAL By: _________________________ By: ____________________ Title: _________________________ Title: ____________________ Attest/Witness: SURETY By: _________________________ By: ____________________ Title: _________________________ Title: ____________________ SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS REQUEST FOR ADDITIONAL INFORMATION TO: [MOST FAVORABLE BIDDER] FROM: Village of Oak Brook [ADDRESS OF MOST FAVORABLE BIDDER] 1200 Oak Brook Road Oak Brook, Illinois 60523 Attn: Tim O’Malley Interim Public Works Director (“Bidder”) (“Owner”) Owner has preliminarily found your Bidder’s Proposal for the “Contract for the Construction of Bath and Tennis Drive improvements dated 2024, to be one of the most favorable to the interests of Owner. To be eligible for further consideration, you must provide the items of information checked below: 1. The attached Sworn Statement of Responsibility. 2. Other Information identified as follows: [LIST OTHER REQUIRED INFORMATION] The requested information must be provided at the address of Owner set forth above within business days of your receipt of this Request. Failure to supply the requested information within the indicated time shall result, at Owner’s option, in the imposition of liquidated damages as more specifically set forth in Section 9 of the General Instructions to Bidders. DATED this day of , 2024 By: ____________________ Village Manager -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS BIDDER’S SWORN STATEMENT OF RESPONSIBILITY Confidential THIS FORM NEED NOT BE COMPLETED WHEN SUBMITTING INITIAL BIDDER’S PROPOSAL ____________________ (“Deponent”), being first duly sworn on oath, deposes and states that all statements made in this Sworn Statement of Responsibility are made on behalf of the undersigned Bidder in support of its Bidder’s Proposal for the above Contract and that Deponent is authorized to make them. Deponent also deposes and states that Bidder has carefully prepared, reviewed and checked this Sworn Statement of Responsibility and that the statements contained in this Sworn Statement of Responsibility are true and correct. IF NECESSARY FOR FULL DISCLOSURE, ADD SEPARATE SHEETS JOINT VENTURES MUST SUBMIT SEPARATE SWORN STATEMENTS OF RESPONSIBILITY FOR THE JOINT VENTURE AND FOR EACH SIGNATORY TO THE JOINT VENTURE AGREEMENT 1. Superintendent The following superintendent will be assigned to supervise the Work: YEARS IN SPECIAL CURRENT NAME QUALIFICATIONS OCCUPATION ________________ ____________________________ _____________ ____________________________ ____________________________ 2. Owned Equipment The following equipment is owned by Bidder, is in good working order, and is available for, and will be employed in, the Work: STATEMENT OF RESPONSIBILITY -2- NUMBER EQUIPMENT DESCRIPTION (INCLUDING AGE) AVAILABLE _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ 3. Purchased Equipment The following equipment is known by Bidder to be available, will be purchased by Bidder, and will be employed in the Work: NUMBER EQUIPMENT DESCRIPTION (INCLUDING AGE) AVAILABLE _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ 4. Leased Equipment The following equipment is known by Bidder to be available, will be leased by Bidder, and will be employed in the Work: NUMBER EQUIPMENT DESCRIPTION (INCLUDING AGE) AVAILABLE _______________________________________________ ___________ _______________________________________________ ___________ STATEMENT OF RESPONSIBILITY -3- NUMBER EQUIPMENT DESCRIPTION (INCLUDING AGE) AVAILABLE _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ 5. Inventory The following materials and supplies are currently in Bidder’s inventory, are uncommitted to any other project, and will be employed in the Work: QUANTITY INVENTORY ITEM AVAILABLE _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ 6. Subcontractors’ and Suppliers’ Commitments Bidder has entered into contracts for, or has received firm offers for, all subcontract work and all materials required to complete the Work except as noted and explained below: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 7. Subcontractor and Supplier Relations Bidder normally employs one or more of the following subcontractors or suppliers for projects such as the Work: TRADE SUBCONTRACTOR OR SUPPLIER OR TYPE _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ STATEMENT OF RESPONSIBILITY -4- 8. Unions Bidder anticipates employing, either directly or through subcontractors, trades represented by the following union locals: CONTRACT TRADE UNION LOCAL EXPIRATION _______________ ________________ ____________ _______________ ________________ ____________ _______________ ________________ ____________ _______________ ________________ ____________ _______________ ________________ ____________ 9. Current Projects Bidder is currently involved in the following on-going construction projects and no others: PROJECTED DESCRIPTION COMPLETION CONTRACT OWNER OF WORK DATE BALANCE _______________ ___________ ________ __________ _______________ ___________ ________ __________ _______________ ___________ ________ __________ _______________ ___________ ________ __________ _______________ ___________ ________ __________ 10. Status of Current Projects None of the current projects listed in Item 8 above are in default, subject to damages or penalties for delay, behind schedule or over budget except as noted and explained below: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ STATEMENT OF RESPONSIBILITY -5- 11. Potential Projects Bidder currently has outstanding bids or proposals on the following construction projects and no others: SCHEDULED DESCRIPTION CONTRACT APPROX. OWNER OF WORK TIME BID AMT. _______________ ___________ ________ __________ _______________ ___________ ________ __________ _______________ ___________ ________ __________ _______________ ___________ ________ __________ _______________ ___________ ________ __________ 12. Contracts Abandoned Neither Bidder nor any predecessor organization has ever failed to complete a contract except as noted and explained below: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 13. Contract Defaults Neither Bidder nor any predecessor organization has ever defaulted on, or been terminated for cause on, a contract except as noted and explained below: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ STATEMENT OF RESPONSIBILITY -6- 14. Litigation Neither Bidder nor any predecessor organization is, or within the past five years has been involved as, a party to any litigation except as noted below: COURT DOCKET CASE NAME JURISDICTION NUMBER _____________________________________ ___________ ________ _____________________________________ ___________ ________ _____________________________________ ___________ ________ _____________________________________ ___________ ________ _____________________________________ ___________ ________ 15. Financial Strength Provide copies of Bidder’s (or any predecessor organization’s) audited financial statements for the last two fiscal years, including, at a minimum, income statement, balance sheet and statement of changes in financial position, together with footnotes. In addition, complete the following Condensed Net Worth Statement as of the most recently ended calendar quarter: CONDENSED NET WORTH STATEMENT ASSETS 1. Cash ................................................................................................ $__________ 2. Stocks and Bonds ............................................................................. __________ 3. Notes Receivable ............................................................................. __________ 4. Accounts Receivable (including bid deposits & amounts accrued on uncompleted contracts) ................................. __________ 5. Accrued Interest ................................................................................ __________ 6. Real Estate ....................................................................................... __________ 7. Material Inventory ............................................................................. __________ 8. Equipment (depreciated value) .......................................................... __________ 9. Furniture and Fixtures (depreciated value) ........................................ __________ 10. Other Assets ..................................................................................... __________ Total Assets ............................................................... $__________ STATEMENT OF RESPONSIBILITY -7- LIABILITIES AND EQUITY 1. Notes Payable ................................................................................. $__________ 2. Accounts Payable ............................................................................. __________ 3. Mortgages Payable ........................................................................... __________ 4. Other Liabilities ................................................................................. __________ 5. Reserves .......................................................................................... __________ 6. Capital Stock .................................................................................... __________ 7. Surplus (net worth) ........................................................................... __________ Earned $__________ Unearned $__________ Total Liabilities and Equity ................................. $_________ 16. Joint Venture Documents If Bidder is a joint venture, provide a true and correct copy of Bidder’s Joint Venture Agreement, together with any and all agreements between the signatories thereto relating to the Bidder’s Proposal, the Work or the Contract. DATED this ______ day of ____________, 20___. Attest/Witness __________________________________ Bidder By: ___________________________ By: _______________________________ Title: ___________________________ Title: ______________________________ Subscribed and Sworn to My Commission Expires: _________ before me this ____ day of _____________, 20___. _____________________________ [SEAL] Notary Public SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF BATH AND TENNIS DRIVE IMPROVEMENTS NOTICE OF AWARD LETTER FROM THE ENGINEER OR OWNER WILL BE SENT TO THE SUCCESSFUL BIDDER VIA EITHER USPS OR EMAIL