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HomeMy WebLinkAboutHot-Mix Asphalt Material Purchase j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx Village of Oak Brook Hot-Mix Asphalt Material Purchase Bid Package May 2024 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:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx Section A Notice to Bidders Posted on the Village of Oak Brook website, Wednesday, May 29, 2024 The Village of Oak Brook will receive bids for: Hot-Mix Asphalt Material Purchase All bidders must show prequalification with IDOT Category 03”HMA Plant Mix”. Sealed bids will be received by Rania Serences, Purchasing & Budgeting Coordinator, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 until 11:00 A.M., Wednesday, June 12, 2024, prevailing time, and publicly opened in the Samuel E. Dean Board Room at that time. 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 No bid shall be withdrawn after opening of bids without the consent of the Village of Oak Brook for a period of ninety (90) days after the scheduled time of opening bids.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, 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. Netasha Scarpiniti Village Clerk j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx 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 the specifications in this Bid Package, including completely assembling all items in an operable condition and delivering said items to the Village of Oak Brook. The Village reserves the right to split the award, based on categories, individual items, or other combination of bids submitted. Bidders should submit alternate pricing, if appropriate, to reflect the award of an entire category or combination of items to one Bidder. Bidders do not need to submit pricing for all items or categories. 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. This contract will operate as a REQUIREMENTS CONTRACT and all prices will remain firm for all of 2024. The undersigned submits herewith his Unit Price Bids: MATERIAL UOM QUANITY (Estimated) UNIT COST TOTAL COST Bituminous Materials – Trackless Tack Coat 5 Gallon Pail 5 Hot-Mix Asphalt Binder Course, IL - 19.0, N50 Ton 130 Hot-Mix Asphalt Surface Course, Mix “D”, N50 Ton 550 Disposal of Asphalt Spoils by the Village at the Supplier’s Designated Location N/A N/A No Cost No Cost Grand Total $ For evaluation/comparison of the bids and determination of the lowest responsible bidder, with the lowest responsive bid, the Village will compute the hauling j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx differential by multiplying $1.10 per ton/mile times the distance to be measured from the bidder’s batch plant to the Public Works Building, 3003 Jorie Blvd., Oak Brook, Illinois 60523, on a round-trip basis, which said hauling differential will be added to the bid unit price of material. PLEASE PROVIDE THE ADDRESS OF ASPHALT BATCH PLANT: 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 ninety (90) days after the bid due date. 3. INSTRUCTIONS TO BIDDERS: The undersigned vendor/contractor shall comply with all Sections of this Bid Package which are incorporated herein by reference. 4. BID GUARANTEE: None. j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx Firm Name: Address: City, State, ZIP: Signature: Name Printed: Title: Telephone: Date: If a Corporation: ATTEST: ____________________________ Secretary j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx Section C Instructions to Bidders 1. RECEIPT OF BID: Wednesday, the 12th day, June 2024; 11:00 A.M. 2. BASIS OF BID: Sealed bids will be received until the above noted time and date. 3. BID DESCRIPTION: Hot-Mix Asphalt Material Purchase. 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, 11:00 A.M., prevailing time, June 12, 2024, 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 if indicated. In case of any discrepancy in the amount bid, the prices expressed in written words shall govern. C. Each bidder must complete, execute and submit with its bid a certification that 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. References. 3. Statement of Bidder's Qualifications. 4. Bid Certification. 5. Contract (filled out and signed). 6. Sexual Harassment Certificate (filled out and signed). 7. Contractor’s Certifications (filled out and signed). 8. Prequalification with IDOT Category 03”HMA Plant Mix” E. 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 Bid Name “Hot-Mix Asphalt Material Purchase”. F. Bidders may attach separate sheets to the bid for the purpose of explanation, exception, alternate bid and to cover unit prices, if needed. G. 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 j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx withdrawn or modified after the bid opening except where the award of contract has been delayed for a period of more than ninety (90) days. H. 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. I. The bidder further declares that he has carefully examined this entire Bid Package, and 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. J. 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. K. 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. L. 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. M. The bidder shall submit a fully executed Contract, Sexual Harassment Certificate, and Contractor's Certification as a part of his Bid. N. 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. O. 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. P. If the bidder is in doubt as to the true meaning of any part of the specifications, or other proposed contract documents, he may submit to the Public Works Director a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx documents will be made only by addendum duly issued by the Village. The Village will not be responsible for any other explanation or interpretation of the Bid Package. 5. SUBSTITUTIONS: A. Certain materials and equipment are specified by a manufacturer or trade name to establish standards of quality and performance and not for the purpose of limiting competition. Bidders are invited to submit bids not only on named items but also on items which they propose for substitution of named items. Products of other manufacturers may be substituted, if, in the opinion of the Village, they are equal to those specified in quality, performance, design and suitability for intended use. Where two or more items are specified, the selection among those specified is the bidder's option, or he may submit his bid on all such items. B. Bids shall be based on materials included in the specifications. Substitutions for the purpose of evaluating bids will be considered only if proposed substitutions are set forth in the sealed bid and will only be accepted prior to the award of the contract. The offer of substitutions shall be an integral part of the bid, appearing immediately after all requested bids and before the signature of the bidder. C. Substitutions of materials other than those specified will not be considered in the base bid price. However, other substitutions may be listed in the specified place in the Bid Form, with the indication of the change in the base bid price for the total cost. D. In addition to the requirements heretofore mentioned, in order for substitutions to qualify for consideration, the following shall accompany each bid: 1. Each proposed substitution shall be itemized showing manufacturer name, catalog number, quantity, unit cost and total cost. The bidder shall prepare the necessary forms to list his substitutions in the manner outlined. 2. Each bid offering substitutions shall be accompanied by descriptive literature, catalog data, complete technical specifications and reports of all pertinent tests concerning the bidder’s proposed substitutions 6. CONDITIONS: A. 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. B. The Village shall reserve the right to add or to deduct from the base bid and/or alternate bid any item at the prices indicated in the itemization of the bid. C. All bids shall be good for ninety (90) days from the date of the bid opening. j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx 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. 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 his own work for a period of one (1) year against faulty material and/or workmanship. If any defects(s) appear(s) within the one (1) year guarantee period, the contractor will repair any such defect(s) solely at his cost and at no cost to the Village of Oak Brook. The Contractor will also forward copies of all applicable manufacture’s warranties for all equipment/commodities supplied by the Contractor as a part of the Contract. 9. WARRANTY: The Contractor will also forward copies of all applicable manufacturer's warranties for all equipment/commodities supplied by the Contractor as a part of the Contract. j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx 10. 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. 11. 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, officials, employees, volunteers 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. 12. 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 until acceptable insurance certificates are received and approved by the Village. Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx 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. j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx (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 request 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 coverage for subcontractors shall be subject to all of the requirements stated herein. 13. 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. 14. NON-DISCRIMINATING: The Vendor, its employees, and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. 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. j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx 16. PREVAILING RATE OF WAGES: If applicable, 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 for notifying 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 because of said revisions. Contractor will comply with the Illinois prevailing wage law, as amended from time to time. No 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 j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx 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. 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. 18. 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. 19. 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. j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx 20. 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. j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx Section D Specifications 1. SCOPE: Bidder will furnish the Village Bituminous Materials – Trackless Tack Coat, Hot-Mix Asphalt Binder Course, IL.19.0, N50, and Hot-Mix Asphalt Surface Course, Mix “D”, N50., F.O.B, in Village trucks at the plant in accordance with the bid documents. Also, bidder will allow the Village to dispose asphalt spoils collected by the Village on the suppliers designated site at no cost to the Village. 2. SPECIFICATIONS: The Specifications for Road and Bridge Construction, latest edition as published by the Illinois Department of Transportation, are herein referred to as the Standard Specifications. Asphalt and Bituminous Items are referenced in Sections 1030 and 1032. j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx Section E General Conditions 1. F.O.B.: All goods are to be shipped prepaid, F.O.B. Destination. Shipments sent C.O.D. without Village's written consent will not be accepted and will, at Vendor's risk and expense, be returned to Vendor. Unauthorized shipments are subject to rejection and return at Vendor's expense. 2. Material Safety Data Sheets (MSDS): Vendor shall furnish MSDS sheets for their products, in compliance with the Illinois Toxic Substance Disclosure to Employee Act and the "Right-To-Know" law. 3. Contract Terms/Cancellation and Damages: Any Contract entered into by the Village with the Bidder may be terminated by the Village upon thirty (30) days written notice. If such Contract is terminated by the Village because of the Vendor's breach, the Village shall have the right to purchase items covered by the Contract elsewhere and to charge the Vendor with any additional cost incurred. Notwithstanding the above, the Vendor shall not be relieved of any liability to the Village for damages sustained by the Village by virtue of any breach of such Contract by the Vendor and the Village may withhold any payments to the Vendor until such time as the amount of such damages due the Village from the Vendor shall be determined. 4. Liens, Claims, and Encumbrances: Vendor warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind. 5. Delivery Requirements: All deliveries for items covered by this Bid shall be made Monday through Friday between the hours of 7:30 a.m. and 1:30 p.m., unless specified otherwise by the ordering Village department. All shipments are to be inside delivery to the ordering department. Ninety percent (90%) of order must be complete within 48 hours of order placement. If Vendor anticipates exceeding 48 hours due to back orders, items shall be shipped as available rather than waiting for order completion, regardless of dollar value. Invoicing is to be based on items shipped. j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx 6. Drug Free Workplace: The Vendor agrees to provide a drug free workplace as provided for in Public Act 86-1459. 7. Inspections: The Village reserves the right to visit and inspect the premises and operation of the Vendor. 8. Non-Discriminating: The Vendor, its employees and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. 9. Pricing: Prices shall remain firm for all of 2024. 10. Contract Term: A contract will be executed as a result of this Bid for the 2024 calendar year. 11. Size of Order: The quantities listed in the Bid are estimates only. 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. 12. Split Awards The Village reserves the right to split the award, based on categories, individual items, or other combinations of bids submitted. 13. Purchases outside of the Bid The Village reserves the right to purchase quantities of items specified in the Bid Package from other sources, if determined necessary by the Village to meet the particular needs of the Golf Course. j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx Section F Statement of Bidder’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: j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx 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 _________________, 2024. 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 _____________________, 2024. Notary Public j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx 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: j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx 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: “Hot-Mix Asphalt Material Purchase” (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. j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx 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 _____________, 2024. _____________________________ Notary Public j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx Section I Contract (To Be Filled, Signed, and Submitted as a part of Bid Package) Hot-Mix Asphalt Material Purchase 1. THIS AGREEMENT, made and concluded this _____ day of ________, 2024, 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. PERIOD OF CONTRACT: This Contract will be in full force for the current calendar year, beginning on the date of the Contract. This Contract is subject to the right of the VILLAGE to cancel and terminate the same at any time, with or without cause, by giving not less than ten (10) day notice to the CONTRACTOR. In the event of such cancellation, the CONTRACTOR shall be entitled to receive payment for services and work performed and materials and equipment furnished under the terms of the Contract prior to the effective date of such cancellation, but shall not be entitled to receive any damages on account of such cancellation or any further payment whatsoever. 4. And it is also understood and agreed that the entire Bid Package hereto attached, approved by the VILLAGE this _____ day of ________, 2024, are all essential documents of this contract and are a part hereof. 5. IN WITNESS WHEREOF, the said parties have executed these presents on the above mentioned date. j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx ATTEST: VILLAGE OF OAK BROOK ____________________________ By____________________________ 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 j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx SEXUAL HARASSMENT CERTIFICATE (To Be Filled, Signed, and Submitted as a part of Bid Package) 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 or 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 ____________, 2024. ___________________________________ Notary Public j:\worddoc\bid packages\2024 bid packages\hot-mix asphalt material purchase.docx CONTRACTOR'S CERTIFICATIONS (To Be Filled, Signed, and Submitted as a part of Bid Package) (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-3 or 5/33E-4 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: Contractor 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 ______________, 2024. ___________________________ My Commission Expires: __________ Notary Public -SEAL-