NOTICE TO BIDDERS

INVITATION TO BID #26-193

CITY OF WHEATON ART WALL FOOTING & PAVER RESTORATION PROJECT

Notice to Bidders

Issue Date: September 29, 2026

Last Date for Questions: No later than October 6, 2026 at 11:00 am (CST)

Due Date: No later than October 13, 2026 at 10:00 am (CST)

Bid Opening: October 13, 2026 at 10:00 am (CST) live in-person at Wheaton City

Hall located at 303 W. Wesley Street, Wheaton IL 60187 in the Conley Meeting Room (lower level).

Prevailing Wages: All Contracts for the Construction of Public Works are subject to the

Illinois Prevailing Wage Act (820 ILCS 130/1-12).

☒ DOES APPLY ☐DOES NOT APPLY

Bid Submittal:

Submit a hard copy bid to:

City of Wheaton

303 W. Wesley Street - 1st Floor Finance Counter Wheaton, IL 60187-0727

Attn: Tony Sperkowski, Procurement Officer

To be considered responsive, the following documents shall be included with your submittal:

Bid Bond (10%) Cost Proposal Form (Exhibit D) Notice of Deviations Form (Exhibit E) References Form (Exhibit F)

Vendor Certification Form (Exhibit G) Vendor Information Reporting Form (Exhibit H) W-9 Form

The successful Vendor will be required to submit the following additional documents:

• Certificate of Insurance with signed endorsements

• Performance and Payment Bonds (100%)

• Signed Construction Services Agreement (Exhibit B)

EXHIBIT A

ITB #26-193 CITY OF WHEATON ART WALL FOOTING & PAVER RESTRATION PROJECT

Scope of Work

INTRODUCTION

The City of Wheaton is seeking a qualified and experienced Contractor to furnish all labor, materials, equipment, supervision, testing, coordination, and incidentals necessary to complete the improvements identified in the Contract Documents. The work generally consists of furnishing and installing a concrete footing and column, removing and reinstalling existing plaza pavers, protecting existing site improvements and trees, maintaining site access and security, and completing all associated restoration and cleanup.

PREVAILING WAGE ACT

Illinois Prevailing Wage Act (820 ILCS 130/1-12). ☒ DOES APPLY ☐DOES NOT APPLY

SCOPE OF WORK

See the following Index to Special Provisions (Appendix A). Full size drawings, and the workable cost proposal form have been uploaded as separate documents.

DUE DATE FOR WRITTEN QUESTIONS

All questions, either administrative or technical, shall be submitted via email to Tony Sperkowski at asperkowski@wheaton.il.us no later than October 6, 2026, at 11:00 am (CST).

ADDENDA

All questions, requests for clarification, and revisions regarding this bid will be addressed through written addenda and published on the City’s website and Demandstar.com (Euna Open Bids). Each vendor shall acknowledge receipt of all issued addenda on the cost proposal form (Exhibit D). By acknowledging receipt of an addendum, each vendor acknowledges responsibility for reviewing and incorporating all information and changes contained in the addendum into its bid submission. Failure to acknowledge receipt of any issued addenda may result in rejection of the bid.

BID SUBMITTAL

Submittals shall be received no later than October 13, 2026, at 10:00 am (CST). Late submissions will not be accepted. An original Bid Bond/Bid Deposit equal to 10% of bidders proposed amount shall be included with each bid submittal. Copies will not be accepted.

Submit a hard copy bid to:

City of Wheaton 303 W. Wesley Street - 1st Floor Finance Counter

Wheaton, IL 60187-0727 Attn: Tony Sperkowski, Procurement Officer

All hard copy bids shall be submitted in a sealed package marked with the following information:

• ITB Name & Number

• ITB Closing Date

• ITB Closing Time

Scope of Work

• Vendor Name and address

CONFIDENTIAL INFORMATION

Any BID material that is to be considered as proprietary or confidential in nature must be clearly marked as such by the bidder. Failure to do so may result in information becoming a public record.

CONSTRUCTION SERVICES AGREEMENT (EXHIBIT B)

The attached ‘Draft’ Construction Services Agreement specifically outlines the contractual liabilities and shall be used for this project. In submitting a bid, the Vendor agrees to enter into an agreement with the City of Wheaton utilizing the attached standard Construction Services Agreement (Exhibit B).

BONDS

☒ Bid Bond: A Bid Bond/Bid Deposit of 10% of the full contract price is required with your bid submittal.

☒ Payment Bond: The successful Bidder shall provide an original Payment Bond equal to one hundred percent (100%) of the full amount of the award.

☒ Performance Bond: The successful Bidder shall provide an original Performance Bond equal to one hundred percent (100%) of the full amount of the award.

☐ Maintenance Bond: The successful Bidder shall be required to furnish a Maintenance Bond equal to ten percent (10%) of the final contract price for the faithful performance of the Bidder’s obligation to maintain and keep in good repair, the work herein contracted to be done and performed for one (1) year from the date of final acceptance by the City.

The cost of said bonds shall be included in the total bid amount.

INSURANCE (EXHIBIT C)

The awarded Contractor must carry and maintain adequate insurance consistent with the requirements listed in Exhibit C-Insurance Requirements. Provide a current Certificate of Insurance with bid as proof of insurance.

INVOICES

All invoices shall reflect the following applicable information: Agreement number, name of the Project, name of the Contractor, and the services/deliverables with the price depicted in the same format as the offer. When contractors file certified payroll with IDOL, they will receive a ‘.pdf confirmation’ copy of their submission. A copy of this ‘.pdf confirmation’ shall be attached to all invoices. Not attaching the confirmation page may cause delays in payment.

WAIVERS OF LIEN

• The first Application for Payment shall be accompanied by the General Contractor’s partial waiver of lien, called Waiver of Lien to Date, for the full amount of payment due.

• Each subsequent Application for Payment shall be accompanied by the General Contractor’s Waiver of Lien to Date, plus the partial waivers of lien of Labor, Subcontractors and Material Suppliers who were included in the immediately preceding Application for Payment to the extent of that payment.

Scope of Work

• The final Application for Payment shall be accompanied by the Final Waiver of Lien for the full amount of the Agreement from the General Contractor, Labor, Subcontractors, and Material Suppliers, including those who have not previously furnished such final waivers.

PROJECT CLOSE OUT

• Verification of quality and completion of service.

• Completion of Punch List and all areas of non-compliance or incomplete tasks.

• Review Liquidated Damages.

• Review Retainage.

• Final Payment: Prior to authorization of Final Payment, the following documents shall be submitted:

o Completed Waivers and Liens.

o Electronic confirmation from the Illinois Department of Labor for each submittal of

Certified Payroll.

o Documented completion of the Punch List.

o Written approval of the Project Manager.

ITB#26-193 CITY OF WHEATON ART WALL &PAVER RESTORATION PROJECT

APPENDIX A

SPECIAL PROVISIONS

REMOVE AND RE-INSTALL EXISTING PAVER BRICKS

This work shall consist of the removal and reinstallation of existing pavers located within the plaza area. The Contractor shall carefully remove and salvage all existing pavers and store them in a safe, protected location for the duration of the footing and column construction.

Upon completion of the footing and column installation, the Contractor shall reinstall the salvaged pavers to match the existing pattern and configuration.

Additional aggregate material shall be furnished and placed as necessary to fill voids resulting from the footing installation. Aggregate shall be mechanically compacted, where necessary, to minimize settlement. The aggregate material shall be suitable for use beneath pavers and shall match the type and gradation of the aggregate currently in place.

The work shall include all cutting, fitting, and adjustment of pavers required to install the pavers around the footing, including areas where the footing or associated construction protrudes above the finished grade. Reinstalled pavers shall be placed to provide a neat, uniform appearance and to match the existing plaza installation.

Payment for this work shall be made on a Lump Sum basis under the bid item REMOVE AND RE-INSTALL EXISTING PAVER BRICKS. The Lump Sum price shall include all labor, equipment, materials, aggregate, cutting, handling, storage, installation, compaction, and other work necessary to complete the removal and reinstallation of the existing pavers in accordance with the Contract Documents.

The Contractor shall be responsible for replacing any existing pavers that are damaged, broken, lost, or discarded during removal, storage, construction, or reinstallation. Replacement pavers shall match the existing pavers in type, color, size, pattern, and appearance to the extent available. No additional compensation will be provided for the purchase or installation of replacement pavers. All such costs shall be considered incidental to and included in the Lump Sum price for REMOVE AND RE-INSTALL EXISTING PAVER BRICKS.

PROTECT EXISTING TREES

The Contractor shall take all necessary measures to protect existing trees located within or adjacent to the work area from damage resulting from construction operations. Tree protection measures shall be maintained for the duration of the work and shall comply with the Contract Documents and the requirements of the Owner.

The Contractor shall submit proposed materials and methods for tree protection to the Owner for review and approval prior to installation or use.

This work shall be considered included to the Contract and shall not be measured or paid for separately. The Contract price shall include all labor, materials, equipment, installation, maintenance, removal, and other costs necessary to provide complete protection of the existing trees throughout construction.

SITE ACCESS

The Contractor shall take all necessary precautions to protect adjacent and existing improvements from damage during access, excavation, trenching, and other construction operations. The Contractor shall protect existing curbs, pavers, landscape beds, landscaping, pavement and other adjacent areas that may be affected by construction activities.

Rubber-tired or rubber-track equipment shall be used where necessary to minimize damage to existing curbs, pavement and other adjacent improvements. Where construction equipment or materials must pass over or operate adjacent to existing landscape beds, pavers, or other susceptible surfaces, the Contractor shall provide and use plywood or other suitable protective measures to prevent damage.

Any existing curb, pavers, landscape beds, landscaping, pavement, or other adjacent improvements damaged as a result of the Contractor's operations shall be repaired or replaced by the Contractor at no additional cost to the Owner. Repairs and replacements shall restore the affected areas to conditions equal to or better than those existing prior to construction and shall be subject to the Owner's approval.

This work shall be considered included to the Contract and shall not be measured or paid for separately. The Contract price shall include all labor, materials, equipment, protection measures, repairs, replacement, and other costs necessary to complete this work.

WATER METER

Water for construction purposes is available from City-owned fire hydrants. The Contractor shall obtain an water meter from the City's Water Division prior to using any City-owned hydrant. A $750.00 deposit is required to obtain the water meter.

The Contractor shall not operate or draw water from any City-owned hydrant without an approved water meter and hydrant wrench properly installed and authorized for use. The use of a City-owned hydrant without a meter and hydrant wrench is strictly prohibited.

The City reserves the right to issue citations or tickets to any Contractor found using a City-owned hydrant without an approved water meter. Any fines, penalties, fees, or other costs resulting from unauthorized hydrant use shall be the sole responsibility of the Contractor.

The Contractor shall comply with all applicable City requirements, regulations, and procedures governing the use of City-owned hydrants and shall coordinate with the City's Water Division as necessary to obtain and maintain the required water meter.

CONCRETE WASHOUT

The Contractor shall provide and maintain an approved concrete washout area or washout basin for each concrete pour. The washout facility shall be properly sized, maintained, and located to prevent the discharge of concrete wash water, slurry, or other concrete-related materials onto the ground, pavement, storm sewer system, or adjacent areas.

The Contractor shall remove the concrete washout facility and properly dispose of all accumulated materials within 48 hours following completion of the associated concrete work or sooner if the washout basin reaches capacity.

Overflowing washout facilities are strictly prohibited. The Contractor shall monitor the washout facility and take immediate action to prevent overflow. Any concrete wash water, slurry, or other material that leaves the designated washout vessel shall be considered a violation and may be subject to fines, penalties, or other enforcement action by the Owner or applicable regulatory authority.

The Contractor shall be responsible for all costs associated with providing, maintaining, relocating, cleaning, removing, and properly disposing of the concrete washout facility and accumulated materials. No additional compensation will be provided for this work as it will be considered included in the contract.

FURNISH AND INSTALL FOOTING AND COLUMN SPECIAL

This work shall include all labor, materials, equipment, testing, layout, and incidentals necessary to furnish and install the footing and column as shown on the Contract Plans.

The Contractor shall comply with all requirements contained in the Structural General Notes shown on the Contract Plans. The footing detail provided on the Plans is intended for bidding purposes. The Contractor shall construct the footing and column in accordance with the Contract Plans, Structural General Notes, and all applicable specifications.

The Contractor shall furnish and install all reinforcing steel in accordance with the size, spacing, configuration, dimensions, and required concrete cover shown on the Plans. The footing and column shall be constructed to the dimensions, elevations, depths, and widths indicated on the Plans.

The Contractor shall contact the City of Wheaton Building Department to schedule a pre-pour, and final footing inspection. Failure to perform inspections shall result in removal if the footing at the Contractor’s expense and a new footing poured with the proper inspection at no cost to the City.

The Contractor shall coordinate the installation and location of all cast-in-place anchors with the Contractor responsible for installation of the projector. Anchor spacing, location, and elevation shall be verified with the proposed projector installation prior to placement of the concrete to ensure proper alignment and compatibility. Any required coordination or adjustments necessary to accommodate the projector installation shall be included in this work.

The Contractor shall provide concrete cylinders for quality-control testing. Concrete cylinders shall be taken in accordance with the applicable testing requirements and shall be tested for compressive strength at 7, 14, and 28 days. Test results shall be submitted to the Engineer for review and acceptance.

The work shall be paid for on a Lump Sum basis under the applicable bid item. The Lump Sum price shall include all labor, materials, equipment, and incidentals necessary to complete the footing and column, including, but not limited to:

• Layout and field verification.

• Reinforcing steel and accessories.

• Cast-in-place anchors and related coordination.

• Concrete and aggregate.

• Forms and formwork.

• Chamfers and formed edges.

• Concrete testing and testing cylinders.

• Placement, finishing, curing, and protection of concrete.

• Weather protection measures.

• Temporary heating, portable heaters, blankets, or other measures necessary to protect the concrete when temperatures fall below freezing.

• All other labor, materials, equipment, coordination, and incidentals necessary to provide a complete footing and column installation in accordance with the Contract Documents.

No additional compensation will be provided for any materials, equipment, labor, testing, coordination, weather protection, or other work necessary to complete the footing and column as specified.

WORK PERFORMED BY OTHERS

The exact location of the footing for the line item (FURNISH AND INSTALL FOOTING AND COLUMN SPECIAL), shall be provided by others. The Contractor shall provide a minimum of 48 hours’ notice prior to commencing work to allow sufficient time for the footing layout to be completed.

The City shall trim all trees that conflict with the proposed construction. The Contractor shall assess the space required to perform the work and contact the Forestry Superintendent if any trees require trimming.

The City shall remove all uplighting fixtures that conflict with the proposed work. The City shall re-affix the fixtures prior to the installation of the paver bricks.

Installation of the projector poles shall be performed by others. The Contractor shall be responsible for verifying that the bolt patterns match the proposed pole bases to ensure proper installation. Drilling or modification of the pole supports in the field is not permitted.

SPECIAL EVENTS

The plaza hosts several events during November and December. The Contractor shall minimize disruptions to scheduled events while work is in progress.

Events typically occur on Saturdays; therefore, no work shall be permitted on weekends. All work shall be completed by 3:00 PM each Friday to allow sufficient time for event setup. Work on Sundays is strictly prohibited.

The Contractor shall secure the site and complete all required cleanup and sweeping by 3:00 PM each Friday. The site shall remain in a clean, orderly, and safe condition throughout the event period.

No additional compensation will be given for this item, but instead, shall be included in the contract.

PORTABLE TOILET

The Contractor shall provide one portable toilet for use at the project site. The portable toilet shall be cleaned and serviced on a weekly basis, or more frequently as required to maintain a clean and sanitary condition.

The location of the portable toilet shall be determined by the Engineer. At the end of each workday, the Contractor shall secure the portable toilet and relocate it, if necessary, to a location that minimizes the potential for vandalism or damage during non-working hours.

No additional compensation will be given for this item, but instead, shall be included in the contract.

TRAFFIC CONTROL AND SITE PROTECTION

The Contractor shall furnish and maintain all barricades, fencing, warning devices, and other safety measures necessary to restrict access to the project site during non-working hours, including evening hours.

All open holes, excavations, and other hazards shall be properly barricaded and illuminated to provide adequate warning to pedestrians and prevent unauthorized access. Barricades and safety devices shall be inspected regularly, and any deficiencies identified shall be corrected by the Contractor immediately.

The Contractor shall use temporary fencing to secure the project site, subject to review and approval by the Engineer in the field. The Engineer shall determine whether the proposed fencing or other site-security measures create conflicts with pedestrian access, scheduled events, or other site activities. The Contractor shall modify the site-security measures as directed by the Engineer.

All costs associated with traffic control and site protection shall be considered included to the Contract and shall include all labor, materials, equipment, and incidentals necessary to complete the work.

FINAL SITE CLEANUP

The Contractor shall thoroughly sweep and clean the project site prior to acceptance of the work. Cleanup shall include the removal of all concrete spills, overspill, debris, and other construction-related materials from the site and adjacent areas.

The Contractor shall restore any landscaped areas, planting beds, pavement or other site improvements damaged as a result of the construction activities. Landscape restoration shall be completed to the satisfaction of the Engineer prior to acceptance of the work.

All costs associated with site cleanup, concrete removal, and landscape restoration shall be considered included in the Contract and shall include all labor, materials, equipment, and incidentals necessary to complete the work.

CONTRACT COMPLETION DATE

The Contractor shall complete all work, including paver restoration, no later than December 18, 2026. Failure to achieve Substantial Completion by this date shall result in a reduction of the amount otherwise due to the Contractor as a penalty, in accordance with the Contract Documents.

The Contractor shall provide the City with an updated project schedule on a bi-weekly basis.

The Contractor shall promptly identify and discuss with the City any issues, delays, or anticipated conditions that may affect the required completion date.

Delays resulting from adverse weather conditions shall be considered for an extension of time on a per-occurrence basis, subject to review and approval by the Engineer.

North

ILLINOIS URBAN MANUAL

PRACTICE STANDARD

TEMPORARY CONCRETE WASHOUT FACILITY

(no.)

CODE 954

CONCRETЕ

WASHOUT

AREA

DEFINITION

(Source: Illinois Urban Manual Technical Committee)

A device used to manage liquid and solid wastes from concrete usage on construction sites.

PURPOSE

The purpose of this practice is to control concrete wastes to prevent both on-site and off-site pollution.

CONDITIONS WHERE THIS

PRACTICE APPLIES

This practice applies on any construction site where concrete is used.

CRITERIA

The following steps shall be taken to effectively control concrete wastes.

1. Perform washout of concrete mixer trucks in designated areas only.

2. Each facility shall have appropriate signage to inform concrete equipment operators of the proper washout locations.

3. Each facility shall be located in an area protected from possible damage from construction traffic and have a stabilized access to prevent tracking onto streets.

4. Washout facilities shall be located on level ground a minimum of 15 m (50 ft) from storm drain inlets and all open drainage facilities.

5. Temporary concrete washout facilities shall be supplied in sufficient quantity and size to manage all liquid and solid wastes generated by washout operations.

6. Washout water from low volume facilities shall be allowed to evaporate and not be discharged into the environment.

954-1

ITB #26-193 CITY OF WHEATON ART WALL FOOTING & PAVER RESTORATION PROJECT

General Instructions Regarding the Solicitation of Construction and Contracted Services

Revised September 2026

Solicitations are open to all business firms actively engaged in providing the materials, equipment, and services specified and inferred. Active engagement will be verified via references. These General Instructions Regarding the Solicitation of Construction and Contracted Services apply to all solicitations for contracted services by the City of Wheaton and shall be incorporated as part of the written and signed Agreement with the successful Bidder along with any addenda items which are issued, unless otherwise specified.

For solicitations involving the IDOT “Standard Specifications for Road and Bridge Construction”:

Section 102 of the IDOT “Standard Specifications for Road and Bridge Construction,” (the “Standard Specifications”), Adopted January 1, 2022, pertaining to the advertisement, bidding, award, and contract execution shall not apply to this solicitation and contract. Where these General Instructions Regarding the Solicitation of Contracted Services (the “Solicitation Instructions”) are inconsistent with any provision of the IDOT Bureau of Local Roads and Streets Special Provision for Bidding Requirements and Conditions for Contract Proposals, these Solicitation Instructions shall control.

A. DEFINITIONS:

The following words and phrases, when used in these General Instructions Regarding Solicitations of

Construction and Contracted Services document shall have the meanings as specified herein.

A-1) Agreement: The written contract between the City and the Bidder covering the work or services to be performed, which includes all other documents that are attached to the Agreement or incorporated by reference and made a part thereof. It shall be understood that the words “Contract” and “Agreement” are synonymous in these documents.

A-2) Proposal or Bid: The complete and properly signed bid to do the work or services for the sum stipulated therein, submitted in accordance with the bidding or proposal documents. It shall be understood that the words “bid”, and “proposal” are synonymous in these instructions and in the Invitation to Bid documents.

A-3) Bidder/Proposer: The person, firm, or corporation submitting a bid or proposal.

A-4) City: The City of Wheaton, Illinois, an Illinois Municipal Corporation.

A-5) Offer: A signed Proposal or Bid that is timely delivered to the City.

A-6) Solicitation: The City’s request for an offer from a Bidder for the provision of work, services and/or goods. It shall be understood that the words “solicitation” and “invitation to bid” are synonymous in these instructions and in the Invitation to Bid documents.

B. SOLICITATION PROCESS:

The City intends to award a contract to a Bidder who has the experience and equipment to successfully complete the project or provide the service solicited. The Bidder shall be responsible for performing all work or services as outlined in the specifications contained within the Invitation to Bid and shall provide and furnish all labor, materials, equipment and supplies, vehicles, and transportation services required to perform and complete the required work or service in strict accordance with the Invitation to Bid documents. The Proposer desiring to furnish a Proposal or Bid for such work or services shall submit a sealed Bid in accordance with these General Instructions

Regarding the Solicitations of Construction and Contracted Services and all accompanying documents.

B-1) Documents:

a) TTThe City of Wheaton’s website is the official source for all documents related to this solicitation. The City is not responsible for documents distributed by any other source. The City will not transmit solicitation documents to prospective Bidders by way of a facsimile machine.

b) It is the responsibility of the Bidder to seek clarification of any requirement that may not be clear. This includes a review of all solicitation documents.

c) Questions concerning this request shall be submitted via e-mail to the attention of the Procurement Officer by the last date for questions as reflected on the Notice to Bidders document. A written response in the form of an addendum will be posted on the City’s website for all Proposers to download. It is the responsibility of the Proposer to review all addendums.

d) Any interpretation, correction or change of the solicitation documents will be made by published Addendum on the City’s website. Interpretations, correction, and changes to the solicitation documents made in any other manner will not be binding.

e) Bidders shall acknowledge the receipt of any addendum.

B-2) The Cone of Silence:

a) The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences.

b) During the period beginning with the issuance of the solicitation document through the execution of the award document, Bidders are prohibited from all communications regarding this solicitation with City staff, City consultants, City legal counsel, City agents, or elected officials.

c) Any attempt by a Bidder to influence a member or members of the aforementioned may be grounds to disqualify the Bidder from participation in this solicitation.

B-3) Exceptions to the Cone of Silence:

Exceptions to the Cone of Silence include:

a) Written communications directed to the Procurement Officer.

b) All communications occurring at pre-bid meetings.

c) Oral presentations during finalist interviews, negotiation proceedings, or site visits.

d) Oral presentations before publicly noticed committee meetings.

e) Contractors already on contract with the City to perform services for the City are allowed discussions necessary for the completion of an existing contract.

f) Procurement of goods or services for emergency situations.

B-4) Investigation:

a) The Bidder shall carefully examine all forms included in the solicitation package.

b) It shall be the responsibility of the Bidder to make any and all investigations necessary to become thoroughly informed of what is required and specified in the solicitation.

c) The Bidder shall inspect in detail the site of the proposed work or services and familiarize himself or herself with all the local conditions affecting the work or services and the detailed requirements of delivery, installation, or construction.

i) If the site of the work is an area restricted from the general public, an opportunity will be provided for Bidders to perform this inspection.

ii) If the site of the work is an area open to the general public, the Bidder may perform their inspection at a time of their choosing.

d) No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist, because of failure or omission on the part of the Bidder to make the necessary examinations and investigations, will be accepted as a basis for varying the requirements of the City or the compensation to the Bidder.

e) The submission of a Proposal shall be considered conclusive evidence that the Proposer has investigated and is satisfied as to all conditions to be encountered in performing the work or service, and is fully informed as to the character, quality, quantities, and costs of the work or services to be performed and materials to be furnished, and as to the requirements of the solicitation.

B-5) Offers:

a) Offers including goods or equipment must include Manufacturer’s warranties, and/or guarantees.

b) Offers including service during the warranty/guarantee period must include, in writing, any restrictions, and/or associated costs.

c) FORMAL OFFERS must be submitted on the forms provided, completed in ink or typewritten, with all blank spaces filled in, properly signed in ink in the proper spaces and submitted in a sealed envelope and delivered to: City of Wheaton 303 W. Wesley St.-1st Floor Finance Counter, Wheaton, IL 60187 prior to the bid opening date and time.

d) Bidders may attach separate sheets of paper for the purpose of explanation, exception, or alternate proposal and to cover required unit prices. All such attachments must be no larger than 8.5 x 11 inches.

e) No erasures are permitted. Mistakes may be crossed out and corrections typed adjacent, initialed, and dated in ink by the person signing the offer.

f) Offers must reference the project name and date of the Bid opening. Documents should not utilize binders, folders, or papers larger than 8.5 x 11.

g) Bids shall be identified as such on the outside of the sealed envelope by marking the envelope “SEALED BID” and with the following information: Company name, address, item, or service proposing, date and time of opening.

h) Delivery of an offer is acceptance of the City’s Agreement. Proposals containing terms and conditions contrary to those specified may be considered non-responsive.

i) The City shall not accept an offer which is based upon any other offer, contract, or reference to any other document or numbers not included in the solicitation documents.

B-6) Order of Precedence:

a) Wherever requirements are in conflict, the order of precedence shall be as follows: City

Agreement, City Specifications, City Special Terms and Conditions, City General Terms and Conditions.

b) City requirements take precedence over Bidder’s offer.

B-7) Signatures as Offer:

a) Solicitation documents, including but not limited to completed bid certification forms, shall be signed by an officer or employee of the Bidder having the authority to bind the company or firm by signature. All signatures must be properly done in ink in the proper spaces.

i) Individuals or sole proprietorships shall be signed by a person with the authority to enter into legal binding contracts. Said individual shall use his/her usual signature.

ii) Partnerships shall be signed with the partnership name by one of the members of the partnership, or an authorized representative, followed by the signature and title of the person signing.

iii) Corporations shall be signed with the name of the corporation, followed by the signature and title of the person authorized to bind it in the matter, and shall be attested to by the corporate secretary or other authorized officer of the corporation.

b) The timely delivery of a signed bid is an offer to contract with the City based on the terms, conditions and specifications contained in the City’s Invitation to Bid.

c) If the offer is accepted, the Bidder shall be responsible for all errors in the offer resulting from the Bidder’s failure to comply with these instructions and the City shall not be responsible for any charge for extra work or change in anticipated profits resulting from such failure or neglect.

d) An accepted offer shall become part of the Agreement entered into between the City and Bidder.

B-8) Modification/Withdrawal of Offers:

a) A Bidder may correct, modify, or withdraw its offer by making a request in writing to the

City Procurement Officer prior to the time and date of bid opening.

b) All corrections and modifications must be delivered to the City Procurement Department in a sealed envelope with a notation on the envelope indicating that it contains a modification or correction to the original offer submitted, and identifying the bid by name, number, and opening date.

c) Offers may not be withdrawn or revised after the due date without the approval of the Procurement Officer.

d) Negligence in preparing an offer confers no right of withdrawal or cancellation after opening / due date.

B-9) Timeframe and Consequences:

a) It is the sole responsibility of the Bidder to ensure that the offer is received by the City

Procurement Department prior to the bid opening date and time stated on the Notice to Bidders.

b) Late offers will not be accepted or opened. Offers arriving after the specified bid opening date and time, whether sent by mail, courier, or in person, will not be accepted and will be refused and returned unopened. Any offer submitted to any other office or department of the City and received by the Procurement Department after the deadline for receipt of bids shall not be accepted. Mailed offers which are delivered after the specified bid opening date and time will not be accepted regardless of postmarked time on the envelope.

c) Unless otherwise specified in the solicitation, offers shall be binding for ninety (90) calendar days following the due date.

d) No responsibility will attach to the City Procurement Officer or to the City for the premature or non-opening of an offer not properly addressed and identified, except as otherwise provided by law.

B-10) Public Openings:

a) Formal sealed offers will be publicly opened at the time and location stated. The

Procurement Officer shall read the name of the Bidder and the offered price. After the opening an apparent low bid will be announced. The award will be based on analysis of costs, deviations, City budget, and approval by the City Council.

b) The City shall make every effort to publish the Results of Openings on the City’s website within approximately three (3) business days.

c) Bidders are encouraged to attend all openings and to offer constructive suggestions for improvements to the solicitation process, to increase competition, and ways in which the City may achieve greater savings and increased transparency.

d) Despite the reading of offers at a public opening, if the offers are thence rejected and thus subject to rebid, the read results will not be published and will be exempt from FOIA requests.

C. REQUIREMENTS:

C-1) Brand Names or Equal:

a) Specifications are prepared to describe the goods and services which the City deems to be in its best interests to meet its performance requirements. These specifications shall be considered the minimum standards expected of the contractor.

b) If an offer does not indicate deviations or alternatives to the specifications, the City shall assume the offer is fully compliant with all specifications.

c) Specifications are not intended to exclude potential contractors. Any reference in the City’s specifications to a brand name, manufacturer, trade name, catalog number or the like is descriptive, not restrictive, indicating materials that are satisfactory.

d) Consideration of other makes and models will be considered, provided the Bidder submits a request for pre-approval by the last date for questions stated on the Notice to Bidders.

The Bidder should state exactly what they propose and attach a cut sheet, illustration or other descriptive matter which will clearly indicate the character of the item. A written response in the form of a public addendum will be published on the City’s website.

C-2) Quantities:

a) All quantities represent an estimate of the quantity of the work to be done and/or materials to be ordered. It is given as a basis for comparison of offers and to determine the awarding of the Contract.

b) The City does not expressly or by implication agree that the actual quantities involved will correspond to the published estimate. The Bidder accepts that the quantities stated are estimates only and will not hold the City bound to said number.

c) The City reserves the right to modify the estimates, or remove them in their entirety, whichever is in the best interests of the City.

C-3) Bid Bonds:

a) When specifically requested by the City, the Bidder shall provide a Bid Bond / Bid Deposit of 10% of the full Contract price. NOTE: for solicitations involving IDOT specifications and special provisions, this amount supersedes any amount specified by the Illinois Department of Transportation’s Bureau of Local Roads and Streets (“BLRS”) Special Provisions for Bidding Requirements and Conditions for Contract Proposals as may be incorporated on IDOT Form BLR 12200 and as may otherwise be incorporated as a special provision in the contract documents.

b) If a Bid Bond (preferred), an original shall be submitted with the bid. If in the form of a certified check or a bank cashier's check, it is made payable to the City of Wheaton. Checks will be retained by the City until an award is fully executed, at which time the checks will be promptly returned to the unsuccessful Bidders.

c) The Bid Deposit check of the successful Bidder will be retained until the Contract has been executed and all required documents, including a Performance Bond if requested, are received.

d) The Bid Deposit check of the successful Bidder shall be forfeited to the City if the Bidder withdraws its offer, or neglects, refuses or is unable to enter into a Contract within five

(5) business days after Notice of Award.

e) If the Bidder chooses to use a Bid Bond, the Bid Bond must be in compliance with all bond requirements mandated by the State of Illinois.

C-4) Deviations to Requirements and Alternative Offers:

a) If the Bidder is unable to meet most of the specifications but believes their product/work/services will meet the needs of the City, the Bidder should submit an Alternate Bid and include material specification sheets, performance data, or other documentation justifying consideration.

b) If a Bidder plans to submit multiple offers, each offer must be packaged separately and identified on the outer envelope and on the cover page of the offer in a way that can be differentiated from the other offer(s).

c) The Procurement Officer reserves the right to make the final determination of compliance or whether any deviation or alternate is of an equivalent or better quality, and which offer can best meet the needs of the City. Such a determination shall be incorporated within the City’s recommendation to the City Council.

C-5) Environmental Requirements:

a) The City is committed to becoming a sustainable City that conserves its use of resources to optimize efficiency and minimize waste. The City is committed to providing services in an equitable manner for present and future generations.

b) Recycled Content Products: It is in the City’s interest to purchase products with the highest recycled material content feasible. 52TThe City requests that Bidders suggest recycled content products as alternatives.

c) Recycled Packing Material: The City desires that all shipping containers/packing material for equipment, materials and supplies delivered to the City contain no less than the specified minimum EPA percentage requirements of post-consumer recycled content.

Containers and packing material should show the recycled product logo and recycled content percentage information.

d) To help “Turn Wheaton Green,” the Bidder’s sustainability policy, as well as green initiatives for this solicitation, will be considered in the evaluation of the offer.

C-6) Price:

a) The price offered shall remain firm throughout the duration of the Contract.

b) Failure to record all requested breakdown of prices may result in disqualification. Unit price shall be shown for each unit specified. In case of mistake in extended price, unit price shall govern.

c) Price shall represent the entire cost of all requirements stated within the solicitation and Contract. No subsequent claim will be recognized for any surcharges, add on costs, increase in material prices, cost indexes, wage scales, fuel surcharges, freight costs, packaging or any other rates affecting the industry or this project.

C-7) For Projects Bid as Time and Material:

a) Time includes, but is not limited to, salaries, benefits, overtime, set-up, break-down, includes all costs associated with labor for this service.

b) Material includes, but is not limited to, goods, components, equipment, and includes all costs associated with all items necessary to complete this service.

c) Complete illustrative and technical data, drawings, and/or printed literature for the materials or equipment quoted should be included with the offer.

d) Overhead and Profit shall include all costs not covered under material or labor, such as fixed costs and taxes.

C-8) Discounts:

a) Discounts of less than thirty (30) days will not be considered in the evaluation.

b) Discounts for thirty (30) days or more may be considered in the evaluation.

c) Where the net offer is equal to an offer with a discount deducted, the award shall be made to the net offer.

d) Discounts will be figured from the date of receipt of a proper invoice or the approval of the quality of the product received or service completed – whichever is later.

C-9) Taxes:

a) The City is exempt by law from paying sales tax on goods, equipment, and products permanently incorporated into the project, from State and City Retailer's Occupation Tax, State Service Occupation Tax, State Use Tax and Federal Excise Tax. Unit prices shall not include any local, state, or federal taxes.

b) The City's Sales Tax Exemption Number is E99974312.

D. EVALUATION OF OFFERS:

D-1) Waivers and Rejection of Offers:

a) The City reserves the right to waive any informality, technical requirement, deficiency, or irregularity in the offer. The City may conduct discussions with Bidders to further clarify the offer as may be necessary. Correction of the offer shall be affected by submission within 4 hours (e-mail or fax) of a corrected page with changes documented and signed.

b) The City reserves the right to reject any and all offers in whole or in part, if it is in the public interest to do so, including, but not limited to: budgetary constraints, unclear solicitation documents, pricing aberrations, front end loading; mathematically unbalanced proposals/bids in which prices for some items are substantially out of proportion to comparable prices; materially unbalanced proposals in which material requirements for some items are substantially higher to comparable proposals; and other reasons deemed important to the City. The City further reserves the right to reject the Bid of any Bidder who, either in its own right or through an affiliation with another entity which the City has determined has not completed a prior project, whether with the City or elsewhere, because of the fault of the Bidder, its subcontractors or employees; has been declared in default on a prior contract whether with the City or elsewhere; has failed to complete a prior project in a timely fashion whether with the City or elsewhere; based on its work record, is not capable of performing the Contract whether due to lack of sufficient prior experience, as determined by the City, or any other reason; has a work record of its Subcontractors demanding direct payment from the owner; has a work record of its Subcontractors, employees, or material suppliers complaining to the City or other awarding authority regarding the Bidder’s failure to pay them; has a record of complaints made to the City or other awarding authority by persons offended by the behavior of the Bidder, its Subcontractors or employees; or has a record of its failure to comply with State of Illinois and/or City laws or requirements. “Work record” and “record” constitute a minimum of one event in the work history of the Bidder.

c) The City reserves the right to accept or reject any offer in which the Bidder names a total price for all the work without breaking down requested material costs, labor costs, and/or overhead and profit.

d) Multiple offers from an individual, firm, partnership, corporation, or association under the same or different names are subject to rejection unless specifically permitted in the solicitation. Reasonable grounds for believing that a Bidder is interested in more than one offer may result in rejection of all offers in which the Bidder is interested. Any or all offers will be rejected if there is any reason for believing that collusion exists.

e) Nothing in this section precludes a firm from acting as a subcontractor to be included as a subcontractor for two or more prime contractors submitting a proposal for work or services. However, a subcontractor may not submit a proposal as a prime contractor, and a prime contractor may not submit a proposal as a subcontractor.

f) If the City rejects all offers and concurrently provides notice of its intent to reissue the solicitation, the rejected offers remain exempt from FOIA disclosure requirements until the City awards or rejects the reissued solicitation.

D-2) Receipt of One (or too few) Offers:

If the City receives one or too few proposals, as defined by the City, the City may reschedule the due date. The offers received will either be:

a) Returned unopened to the Bidder for re-submittal at the new due date and time, or

b) If there are no changes in requirements, and pending Agreement with the Proposer, held until the new due date and time.

c) If the City does not receive any bids from a publicly broadcast solicitation, the City may negotiate with any interested parties.

D-3) Confidential Information:

a) Bidders may be required to provide evidence of financial viability. This may be a Dunn and Bradstreet Report, a financial statement prepared by a licensed Certified Public Accountant showing the Bidder’s financial condition at the end of the past fiscal year, or an annual report.

b) Bidders may be required to provide other information which they consider proprietary and confidential, and if made known to the public, may affect their ability to compete in the marketplace. Said information is subject to the requirements of the Illinois State Freedom of Information Act (“FOIA”), 5 ILCS 140 et seq., which requires the disclosure of public records upon request unless the records are specifically exempt from disclosure.

c) Pursuant to FOIA, the following shall be exempt from inspection and copying: “(g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business and only insofar as the claim directly applies to the records requested.” 5 ILCS 140/7(g).

d) Bidders considering requests to be proprietary and confidential should submit an additional redacted offer. Failure to do so may result in information becoming available to the public.

D-4) Determining Responsibleness of the Bidder:

a) The City reserves the right to determine the competence, the financial stability, and the operational capacity, of any Bidder.

b) Upon request by the City, Bidders shall furnish evidence for the City to evaluate their resources and ability to provide the goods and services required. Such evidence may include, but not be limited to, tour of facilities, staffing levels, listing of equipment and vehicles, listing of personnel’s qualifications, certificates, and licenses; listing of committed but not yet completed orders; financial statements.

c) Bidder may be required to submit samples of items within a specified timeframe and at no expense to the City. If not destroyed in testing, samples will be returned at the Supplier’s request and expense. Samples which are not requested to be returned within thirty (30) days will become the property of the City.

d) Bidders may be…