village of addison enclosure of 2 existing lean-to bays 26-8-1 BID PACKET.pdf

Bid Documents

Bid Number 26-8-1

Enclosure of 2 Existing Lean-To Bays

Village of Addison

Purchasing Department 1 Friendship Plaza

Addison, IL 60101

(630) 543-4100

Long (Bonds, Ins, Prev Wage)

VILLAGE OF ADDISON

TABLE OF CONTENTS

BID DOCUMENTS

1. Invitation to Bid

2. Return Envelope Label* and Bid Return Instructions

3. Specifications

4. Bidder’s Proposal*

5. Contract*

6. Instruction to Bidders

7. Minimum Conditions of the Contract

8. Notice of Responsibility for Periodic Revisions to Prevailing Wage Rates

9. Contractor’s Certification Form*

10. Compliance with Illinois Human Rights Act*

11. Equal Employment Opportunity Form*

12. Anti-Collusion Affidavit of Compliance Form*

13. Hold Harmless Agreement Form*

14. References*

15. Bidder Contact Information Form*

16. Proof of Insurability Form*

17. Certificate of Insurance/Explanation

18. Copy of Certificate of Insurance Sample*

19. Drug-Free Workplace Certification*

20. Prevailing Wage Certification*

21. Prevailing Wage Packet

22. Employment of Illinois Workers on Public Works Act Certification*

23. Substance Abuse Prevention Certificate*

Village of Addison only uses Bidnet Direct to publish and maintain current bids. Bid documents found on other websites are not under our control and we do not guarantee their accuracy.

Specifies items that must be properly completed, including all signatures, and submitted with the bid to be considered responsive unless waived by the Village.

August 27, 2026

Bid No. 26-8-1

To Whom It May Concern:

Herein are Bid Documents to supply the Village of Addison with the following services:

ENCLOSURE OF 2 EXISTING LEAN-TO BAYS

Sealed bids must be received at the Information Desk of Addison Village Hall, 1 Friendship Plaza, Addison, Illinois, prior to 10:00 a.m. on Monday, September 28, 2026; immediately thereafter all bids will be publicly opened and read aloud in Room 2002.

All bids must be submitted on the forms provided in a sealed envelope and include all signatures and information identified in the bid specifications. It is the responsibility of the bidder to ensure bids satisfy the requirements identified in the Bid Documents. The self-addressed label provided with the Bid Documents must be affixed to the outside of the sealed envelope.

If there are any errors or inconsistencies found in the Bid Documents, bidders must notify the Village of Addison of those errors or inconsistencies before the due date listed above.

Minorities and women-owned businesses (W.B.E.) are encouraged to participate.

This is an Illinois Prevailing Wage Project. Mandatory site visit required. See bid specifications for details.

The Village of Addison reserves the right to waive all technicalities, and to accept and or reject part(s) of any or all bids which it deems advantageous.

The Village only uses Bidnet Direct to publish and maintain current bids. Bid documents found on other websites are not under our control and we do not guarantee their accuracy. To see current Village of Addison opportunities please visit our Bidnet Direct page at, the registration is free:

https://www.bidnetdirect.com/illinois/villageofaddison.

Respectfully submitted, Ewa Adamow Village Purchasing Agent

IMPORTANT

The attached label must be affixed to the front of the envelope the completed bid is submitted in. This attached label may be printed on an 8.5 X 11 label stock or printed on paper and securely fastened to the front of envelope you are submitting the bid in.

Bids without the attached label on the envelope may be delayed and not arrive in time for the bid opening.

If you have questions pertaining to this bid you may contact:

Ewa Adamow 630-693-7507 purchasing@addison-il.org

Bidders Name:

Address:

City:

State: Zip:

1 Friendship Plaza Addison, IL 60101

Sealed Bid Enclosed

Bid No. 26-8-1 Enclosure of 2 Existing Lean-To Bays

Bid Opening Date: September 28, 2026

Bid Opening Time: 10:00 AM www.AddisonAdvantage.org

26-8-1

Ate

Site Visit Sheet

26-8-1

Enclosure of 2 Existing Lean-To Bay

Date:

Time:

Village Employee preforming Site Visit: __________________________________ Please Print

Name of Company Representative:

Please Print

Company Name:

Address:

Phone Number:

E-mail Address:

Village Employee Signature:

Attach Business Card Below

BIDDER’S RESPONSE

ENCLOSURE OF 2 EXISTING LEAN-TO BAYS

BID NUMBER 26-8-1

Purchasing Department

1 Friendship Plaza Addison, IL 60101-2786

In accordance with your Notice to Bidders, Conditions and Instructions to Bidders, and Specifications for Bid 26-8-1, we will, upon award of contract, supply requested services as a complete “turn-key” project, to include all materials, labor, misc., equipment, and proper removal and disposal of any/all debris, at the following price:

$__________________________________ (number)

________________________________________________________ (text)

Exceptions to bid, if any:

COMPANY NAME: ___________________________________________________

LICENSE NO.: ___________________________________________________

ADDRESS: ___________________________________________________

TELEPHONE NO.: ___________________________________________________

BIDDER’S SIGNATURE: _____________________________________________

PRIMARY CONTACT/TITLE: __________________________________________

BIDDER’S RESPONSE

ENCLOSURE OF 2 EXISTING LEAN-TO BAYS

BID NUMBER 26-8-1

-Acceptance-

Date of Board of Trustee Approval: _______________________________________

VILLAGE OF ADDISON, a

Municipal Corporation

By: __________________________

Tom Hundley, Mayor

ATTEST:

Lucille A. Zucchero, Village Clerk

Acceptance of a bid is not a binding contract. This bid becomes a contract binding upon the person, partnership or corporation, to provide services or equipment as specified, and the Village of Addison to accept these services or equipment, only when the Village Board approves a written contract by ordinance or motion.

OWNER / CONTRACTOR AGREEMENT

THIS AGREEMENT is made as of __________________, 2026, by and between the VILLAGE OF ADDISON, County of DuPage, State of Illinois (the "Village") and _____________________________________, (the "Contractor"), each a “Party” and collectively the “Parties.”

Owner and Contractor desire to enter into this Agreement, pursuant to which Contractor shall perform certain work and services in strict accordance with the following terms and conditions, and the Owner shall pay for such performance as provided in this Agreement. In consideration of these recitals, and the terms and conditions of this Agreement, and intending to be legally bound, the parties agree as follows:

1. Scope of Project. Contractor shall perform all work required for the Enclosure of 2 Existing Lean-To Bays at a location designated by the Owner (the “Project”). Contractor shall perform all work and other services in strict accordance with the instructions, terms, conditions, drawings and specifications contained in the Bid 26-8-1 Enclosure of 2 Existing Lean-To Bays for the Village of Addison, if any, and all later issued addenda, (all of which shall attached hereto and incorporated as “Exhibit A”) and the Contractor’s bid or proposal, dated _________, 2026 (attached hereto and incorporated as “Exhibit B”), collectively defined as the “Contract Documents.” All Contract Documents are hereby incorporated into this Agreement by this reference, and in the event of a conflict between any of the Contract Documents and this Agreement, this Agreement shall control. Further, in the event of any conflict between Exhibit B and either this Agreement or Exhibit A, this Agreement then Exhibit A shall control.

2. Performance of Work. Contractor shall perform all work contained in the Contract

Documents utilizing the highest standards of workmanship and materials. Contractor shall maintain a sufficient staff to perform all work in the most expeditious manner consistent with the interests of Owner. Where applicable, Contractor shall perform all services to the standard of care applicable to design professionals performing similar services for projects of like size and kind (the “Standard of Care”). All deliverables furnished under this Agreement shall comply with all applicable building codes, zoning, laws, statutes, codes, ordinances, orders, rules and regulations of the governmental authority or authorities having jurisdiction over the Project, subject to the Standard of Care. The Contractor acknowledges that its position with the Owner is one of trust and confidence, and that the Contractor shall perform work, render services and otherwise act in the Owner’s best interest with respect to all decisions concerning the Project. The Contractor shall not engage in any activity, provide any services, or enter into any contract that may reasonably appear to conflict with the Contractor’s duties to the Owner or with the Contractor’s professional judgment concerning the Project. Notwithstanding, the Contractor and its employees are independent contractors with respect to the Owner, and Contractor shall be solely responsible for means and methods selected in performing the Work, provided Contractor shall supervise all work so that it is performed in a safe and expeditious manner. Further, Contractor shall be solely responsible for the safe work of its employees and its subcontractors’ and suppliers’ employees.

3. Schedule. Contractor shall cause all Work required by the Contract Documents to be substantially completed by no later than One Hundred Twenty (120) calendar days from the commencement of the Work (“Substantial Completion”). “Substantial Completion” means that the Owner can occupy and fully utilize the Project for its intended use, and that all warranties, manuals, instructions, certifications, reports, record or as-built drawings, and any other document required by the Contract Documents have been properly submitted to and accepted by the Owner; and that the only remaining Work is minor cosmetic work that does not interfere with the Owner’s operations (the “Punch List Work”). The Contractor shall complete the Punch List Work within ten (10) days after the date of Substantial Completion. Time is of the essence under this Agreement. If the Contractor is delayed at any time in the commencement or progress of the Work by a cause that was reasonably unforeseeable to the Contractor and is not within the Contractor’s control, then the Contract Time shall be equitably extended, and such extension shall be reduced to a Change Order.

Contractor shall promptly notify Owner immediately in writing: (i) of any information required from Owner and necessary for Contractor to complete its work in a timely manner; and (ii) of any work requested by Owner that is not included in the scope of work provided in the Contract Documents. All work required by the Contract Documents shall be substantially complete by ___________. Time is of the essence under this Agreement.

4. Materials. All materials incorporated into the Work shall be new and of high quality. Contractor shall follow all manufacturer’s instructions and recommendations. If requested by Owner or otherwise required by the Contract Documents, Contractor shall, before purchase of such material, submit to Owner for Owner’s review, and in a format acceptable to Owner, all product data, literature, and shop drawings. All manufacturer’s warranties, installation and operating manuals, shall be forwarded to and assigned to Owner prior to completion of the work.

5. Differing Site Conditions. If Contractor uncovers or discovers any concealed condition differing materially from conditions depicted in the Contract Documents or differing from conditions reasonably anticipated or inherent in the Work, Contractor shall immediately stop the Work and notify the Owner of the condition in writing. The Owner shall then issue directions.

The contract time and contract price shall be equitably adjusted if necessitated by such directions of the Owner. However, prompt written notice by the Contractor immediately following discovery of the condition, followed by written directions from the Owner, shall be conditions precedent to such adjustments.

6. Contract Sum. Owner shall pay Contractor for work properly performed under this Agreement an amount not to exceed the following Contract Sum:

___________________________________________________________________dollars (text) ________________________________ (number), and which shall include all allowances to be used only with prior written approval of the Owner, if any. Payment shall be made for all Work properly performed under the Agreement. Said allowance shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts.

Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances. Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by change order. The amount of the change order shall reflect the difference between actual costs and the allowances under this Section 5.

7. Payments to Contractor. On a monthly basis during the progression of the work, Contractor shall by the first day of each month submit monthly statements reflecting all work completed in the previous month. Owner shall make payments to Contractor forty-five (45) days after receipt of properly submitted statements. Such payments shall be made in proportion to the percentage of completion of the Project, less retention of ten percent (10%) until fifty percent (50%) completion of the Work and five percent (5%) thereafter, which shall be held by Owner until final completion of the Project, including the completion of all punch list items. Contractor’s monthly statements shall itemize the work into a schedule of values equal to the Contract Sum, and for each item of work shall indicate the Scheduled Value of the Item, Work Completed, Amount Currently Due, Previous Amount Billed, Previous Amount Paid, and Balance of Contract Outstanding. Upon request, each monthly statement shall be accompanied by certified payroll in accordance with Section 5 of the Prevailing Wage Act, 820 ILCS 130/5, et seq., and with all lien waivers covering all lien rights arising from payments previously made by Owner.

8. Defective Work and Guarantee. All work shall be of high quality and free of defect. Contractor shall promptly correct any defective work. Payment by Owner for any work otherwise determined to be defective shall not relieve Contractor of its obligation to correct defective work. Contractor hereby warrants that all work is free from defect for one year following completion of the work, and upon notice by the Owner, Contractor shall promptly correct such defects appearing within said one-year period. This warranty is in addition to any warranties that may be required, and this warranty does not abrogate or nullify any breach of contract claim or other causes of action Owner may have against Contractor.

9. Owner Takeover. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or approved construction schedules, and fails within five

(5) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, and with or without further notice, correct such default or neglect and back charge the Contractor for all reasonable cost of correcting such deficiencies, including Owner’s expenses and reasonable attorneys’ fees, and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. The Owner’s rights and remedies under this section are in addition to, and not a limitation of, any other rights and remedies of the Owner under the Contract Documents or otherwise. In the event of any such takeover of Work, Contractor shall assign any subcontracts between Contractor and subcontractor to the Owner upon request, except that the Contractor shall be solely liable for all liabilities or obligations arising prior to such assignment.

10. Prevailing Wage Act.

a. Contractor shall pay the then prevailing rate of wages for DuPage County, as established by the Illinois Department of Labor for each craft or type of worker needed to execute the contract in accordance with 820 ILCS 130/0.01 et seq.

b. Any increases in costs to the contractor due to changes in the prevailing rate of wages or labor law during the term of any contract shall be at the expense of the contractor and not the expense of the Village.

c. Change Orders shall be computed using the prevailing wage rates applicable at the time the change order work is scheduled to be performed.

a. Project Expenses. Contractor shall maintain, for a minimum of five years after the completion of the contract, adequate books, records, and supporting documents to verify the amounts, receipts, and uses of all disbursements of funds passing in conjunction with the contract.

These records shall be available for review and audit at the option of the Village and must be submitted to the Illinois Department of Labor as required by Illinois law. The Contractor agrees to cooperate fully with any such audit and shall provide full access to all relevant materials.

11. Termination. Owner may terminate this Agreement at any time, in whole or in part, with or without cause, upon written notice to Contractor. “For cause” means any material breach of this Agreement. If this Agreement is terminated for cause, Owner shall have no further obligation to make payments to Contractor for work completed, and Contractor shall be liable to the Owner for any increase in project cost incurred by the Owner in completing the work. If this Agreement is terminated for convenience, Contractor shall be paid for work properly completed prior to termination, but shall not be entitled to any other compensation from Owner, and shall have no claim for lost profits, or for any other direct, consequential, incidental, or other damages.

12. Indemnification. Contractor shall indemnify, defend, and hold harmless Owner, its Board of Trustees, board members individually, administrators, employees, agents, representatives, volunteers, insurers, and attorneys from all claims, demands, causes of action, losses, liens, claims of lien, liabilities, penalties, and damages, including reasonable attorneys’ fees and court costs, to the extent arising from any negligent act or omission of Contractor, its employees, or its subcontractors, suppliers, and their employees, and to the extent arising from any breach of this Agreement by Contractor. The Contractor shall include this provision in each of its Subcontract agreements and shall require its Subcontractors to be so bound.

13. Insurance. Contractor shall procure and maintain through an insurance company or companies licensed to conduct business in Illinois insurance with coverage and limits as specified below, and shall cause Owner, its board of trustees, board members individually, administrators, employees, agents, representatives, volunteers, insurers, and attorneys, to be named as additional insureds and, to the fullest extent applicable for such polices, for ongoing and completed operations for a period of ten (10) years. Owner’s coverage as an additional insured on Contractor’s and Subcontractor’s commercial general liability policies shall include all necessary endorsements, including without limitation CG 2010 and CG 2037 endorsements as applicable.

All such insurers shall carry a Best Key Guide Rating of A / XV. The commercial general liability and automobile liability policies shall be endorsed to reflect that coverage is primary to and noncontributory with any other insurance available to Owner. The commercial general liability policy shall by endorsement provide contractual liability coverage including the indemnity obligations provided in this agreement. Each such policy shall include by endorsement a requirement of at least 30 days’ written notice to Owner prior to any termination, cancellation or material amendment to that policy. Upon execution of this agreement and on an annual basis thereafter during the term of this agreement or any extension thereof, Contractor shall furnish to Owner certificate(s) of insurance, policies, and endorsements reflecting the required coverages.

The type and minimum limits of insurance required are as follows:

Type Limits

Commercial General Liability

Per Occurrence: $1,000,000

Aggregate: $2,000,000

Automobile Liability: $1,000,000 (combined single limit)

Workers’ Compensation: Statutory Minimum

Umbrella / Excess: $1,000,000 per occurrence / $2,000,000 aggregate

14. Performance and Payment Bond. If the total Contract Sum exceeds $150,000 or as otherwise required by the Owner, the Contractor shall provide the Owner with a Performance Bond and a Labor/Material Payment Bond in a form acceptable to the Owner, as may be more fully set forth in Exhibit A for the full amount of the contract price. Such bonds shall be tendered to Owner within ten (10) days of execution of this Agreement.

15. Liens. If any liens or claims of lien are placed on the Project or the funds designated for the Project by any subcontractor or supplier, and such liens or claims of lien are due to Contractor’s breach of this Agreement or other circumstances or events under Contractor’s control, Contractor shall indemnify Owner for all costs, expenses, and attorneys’ fees incurred in the resolution of such lien, and Owner shall have the right to withhold from payments due to the Contractor an amount sufficient to satisfy such lien or claim of lien, along with an amount sufficient to cover attorneys’ fees and other administrative costs that have been or may be incurred by Owner in connection with the resolution of such lien or claim of lien.

16. Successors and Assigns. Contractor shall not assign any rights or delegate or subcontract any duties under this Agreement without the prior written consent of the Owner, and any attempted assignment, delegation or subcontracting shall be void. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

17. Controlling Law and Interpretation. This Agreement is to be governed by the laws of the State of Illinois, without regard to conflict of law principles. Each party has reviewed and approved this Agreement and the rule of construction that resolves ambiguities against the drafting party shall not be employed in the interpretation of this Agreement.

18. No Assignment or Delegations. Except as may be otherwise provided in the Scope of Services, each of the Parties represents that it has not assigned and will not assign any rights under the Agreement, and that it has not delegated and will not delegate or subcontract any duties arising under this Agreement.

19. No Third-Party Beneficiaries. The Agreement is not intended to confer any rights upon any third party who is not a Party to the Agreement.

20. Entire Agreement; Conflict. This Agreement and the Contract Documents represent the entire agreement between Contractor and Owner with respect to this Project, and supersede all prior representations, negotiations or agreements, written or oral, which are not included herein. This Agreement may only be amended by written instrument executed by Owner and Contractor. In the event of a conflict between this Agreement and the Contract Documents, this Agreement shall control.

Executed on the date last written below, by and between:

By: ___________________________ Signature

Name

Its: ____________________________

Dated: __________________________

Vendor ________________________

By: ___________________________ Signature

Name

Its: ____________________________

Dated: __________________________

INSTRUCTIONS TO BIDDERS

A. Conditions for Bidding

1. Definitions

a) “Addenda” or “Addendum” are written or graphic instruments issued prior to the bid opening which modify or interpret the Bidding Documents, including drawings and specifications, by additions, deletions, clarifications, or corrections. Addenda shall become part of the Contract Documents. It is the responsibility of each bidder to verify that he has received all Addenda prior to submitting a bid. It is also the responsibility of each bidder to verify that all subcontractors and material suppliers whose prices are incorporated in the bidder’s bid are familiar with the Bidding Documents in their entirety, including all Addenda issued up to the time of bid opening.

b) “Bidding Documents” include the Invitation to Bid, Instructions to Bidders, the Bid Forms, including all Contractor Certifications, General Conditions, Supplementary and/or Special Conditions, if any, Drawings, Specifications, and any Addenda issued up to the time of bid opening.

c) “Contract” shall mean the Contract the successful bidder enters into with the Village for performance of the work in accordance with the specifications and drawings included in these Bidding Documents, substantially in the same form and included in these Bidding Documents.

d) Contract Documents include all the Bidding Documents, the final Contract executed between the Village and successful Contractor for this Project, the Performance Bond and Labor Material Payment Bonds, if required, and proof of insurance.

2. Bidding Documents

All items that are currently available for bid will be posted on the Village of Addison’s website, www.addisonadvantage.org. By registering on the Village’s website, bidders may view and download the Bidding Documents. Addenda, if issued, will be posted on the website. It is the responsibility of each bidder to view said site prior to bid submittal to insure review of all current specifications and/or Addendum, if any.

The Bidding Documents are also available in printed format from the Village’s Administrative Office at 1 Friendship Plaza, Addison, Illinois. For more information, please see the Bid Specifications or contact the Village’s Purchasing Agent at 630-693- 7507.

3. Submission of Bid

a) The bid shall be submitted on the forms provided in these Bidding Documents (collectively, the “Bid Forms”). These Bid Forms shall be completed properly and signed in ink. Failure to use the Bid Forms included in these Bidding Documents could result in rejection of the bid.

b) The Bid Forms shall be submitted in a sealed opaque envelope addressed to the Village of Addison, 1 Friendship Plaza, Addison Illinois 60101, ATTN:

PURCHASING, and shall be identified with the bid number and project name. Included in the sealed envelope shall be a USB Flash Drive, or alternative data storage device approved by the Purchasing Agent, containing an electronic copy of the final Bid Forms in their entirety. The Village may, in its sole discretion, waive the requirement of an electronic copy of the Bid Forms.

c) Bid documents shall be delivered or mailed in time for delivery to the foregoing address no later than the date and time provided in the Invitation to Bid. Oral bids or oral modifications to bids will not be considered. It is the sole responsibility of the bidder to see that his bid is received in proper time. No faxed or e-mail bid or modification of a bid will be considered. The Village is not responsible for the premature opening of bids not marked as required. Any bid opened prematurely due to the failure of the bidder to mark the envelope in accordance with these Bidding Documents will be considered non-responsive.

d) Bid prices are to include the delivery of all materials (if any) including:

plant, equipment, supplies, tools, scaffolding, transportation, insurance, bonds, warranties and all other items and facilities, and the performance of all labor and service, necessary for the proper completion of the work except as may be otherwise expressly provided in the Contract. Bids shall not include federal excise tax or state sales tax for materials to be incorporated in, or totally consumed in the prosecution of the work. An exemption certificate will be furnished by the Village upon request of the bidder.

e) Erasures, interlineations, corrections, or other changes on the Contractor’s

Bid Forms shall be explained or noted over the signature of the bidder. No bid submitted with deviations or reservations from the full contract called for will be considered.

f) Bidder must acknowledge all Addenda received in the spaces provided on the Bid Form. By submitting a bid, bidder indicates that all considerations issued by Addendum are incorporated in the bid. All bids must include all required information, alternates, signatures or other forms required by the bid specifications or instructions to be considered responsive. The Village, in its sole discretion, shall determine whether such requirement be waived.

g) Bidders are required to complete certain certifications as part of its bid regarding the bidder’s compliance with applicable laws. Failure of a bidder to complete/submit the required certifications shall be the basis for immediate rejection of that bidder’s bid. The certifications of the successful bidder shall become a part of the Contract with the Village.

Requests to withdraw bids are to be directed to the attention of the Village Purchasing Agent and may be sent via certified mail or email:

Attn: Ewa Adamow

1 Friendship Plaza Addison, Illinois 60101 Email: purchasing@addison-il.org

4. Examination of Bidding Documents

a) Each bidder shall carefully examine all Contract Documents and all Addenda thereto and shall thoroughly familiarize himself with the detailed requirements thereof prior to submitting a bid. Should a bidder find discrepancies or ambiguities in, or omissions from documents, or should he be in doubt as to their meaning, he shall at once, and in any event not later than ten (10) calendar days prior to the bid due date, notify the Purchasing Agent, who will, if necessary, send written Addenda to all bidders of record.

The Village will not be responsible for any oral instructions. All inquiries shall be directed to the Purchasing Agent, Ewa Adamow, 630-693-7507 or purchasing@addison- il.org.

After bids are received, no allowance will be made for oversight by the bidder.

b) The failure or omission of any bidder to obtain, receive or examine any form, instrument, or information or to visit the Project site(s), and become knowledgeable with respect to conditions there existing, or to seek needed clarification shall in no way relieve the bidder from any obligation with respect to his bid. By submitting a bid, the bidder agrees, represents and warrants that he has undertaken such investigation as he deemed necessary, has examined the site(s) and the Bidding Documents, has obtained all needed clarifications and where the specifications and drawings require in any part of the work that a given result be produced, that the specifications and drawings are adequate and the required result can be produced under the specifications and drawings. Once the award has been made, failure to have undertaken and completed the foregoing tasks shall not be cause to alter the original Contract or to request additional compensation.

5. Mistake in Bid and Bid Changes

Any bidder may modify his bid by written notice at any time prior to the scheduled closing time for receipt of bids, provided that such written notice is received by Village prior to the closing time. No bid may be modified after submittal; however, if an error is made in extending a total price, the unit price will govern. Erasures on the Bid Form must be initialed by the bidder. If an error or omission is discovered in the Bidding Documents after the bid opening, the Village reserves the right: a) to determine whether to require the submission of new bids; or b) if the error or omission is of such a nature that it was reasonably discoverable upon a careful review of the Bid Documents, to award the Contract to the lowest responsive and responsible bidder as determined by the Village and to require that Contractor to perform the work in accordance with an issued correction by the Village and for the amount bid by the Contractor. Such decisions are final and not subject to recourse. Errors and omissions made by the bidder cannot be corrected after the bid opening and shall be considered binding unless waived by the Village.

6. Withdrawal of Bid

Bidders may withdraw or cancel their bids at any time prior to the advertised bid opening time by signing and submitting a request for said withdrawal. Unless otherwise specified, no bids shall be withdrawn or canceled for sixty (60) calendar days following the bid opening date and shall remain binding for this period of time.

7. Changes in Contract Documents

a) Changes, corrections or interpretations of the Contract Documents may be made by the Village before bids are received. In such case, a written Addendum describing the change or corrections will be issued by the Village to all bidders of record and such Addendum shall become part of the Contract Documents. Except in unusual cases, Addenda will be issued at least four (4) calendar days prior to date established for receipt of bids.

b) It is the responsibility of each bidder to verify that he has received all

Addenda prior to submitting a bid. It is also the responsibility of each bidder to verify that all subcontractors and material suppliers whose prices are incorporated in the bidder’s bid are familiar with the Bidding Documents in their entirety, including all Addenda issued up to the time of bid opening.

8. Substitutions During Bidding

a) Unless otherwise indicated, the use of brand names in the specifications is used for the purpose of establishing a grade or quality. Bidders proposing to use an alternate that is equal to or superior to in every respect to that required by the specifications must request approval in writing to the Village at least seven (7) business days prior to the bid opening and mark the item as ‘or approved equal’.

b) Additionally, bidders requesting approval for use of an alternate must provide certification by the manufacturer that the substitute proposed is equal to or superior in every respect to that required by the Contract Documents, and that its in-place performance will be equal to or superior to the product or equipment specified in the application indicated. The bidder, in submitting the request for substitution, waives the right to additional payment or an extension of Contract Time because of the failure of the substitute to perform as represented in the request for substitution.

c) The Village may request additional information or documentation necessary for evaluation of the request for substitution. The Village will notify all bidders of acceptance of the proposed substitute by means of an Addendum to the Bidding Documents. The Village’s approval of a substitute during bidding does not relieve the

Contractor of the responsibility to submit required shop drawings and to comply with all other requirements of the Contract Documents, including but not limited to proper performance of all components of the work and suitability for the uses specified.

d). Bids proposing alternates not previously approved by the Village will be considered non-responsive and rejected. The Village reserves the right to determine whether a substituted selection, in its judgment, is equal to or better quality and therefore an acceptable alternate. Such decisions are final and not subject to recourse.

9. Bid Attachments

Bidders may attach to the bid form any descriptive material necessary to fully describe the work he or she proposes to furnish in accordance with the specifications.

10. Bidder’s Competence

a) Bidders must be able to demonstrate that they: i) have experience in performing and have successfully performed and are still actively engaged in performing work similar in kind and scope to the work of the Project; and ii) are able to show that they have adequate laborers and materials to successfully complete the work as indicated in the Bidding Documents and within the time required by the Bidding Documents.

b) On the bidder’s References List provided herein, list projects your organization has completed in the past five (5) years, which are comparable in scope, giving the name of the project, the project description, project address, owner and telephone number.

c) The bidder shall not have been debarred or determined ineligible for public contracts by any governmental agency.

d) The Village may also require proof of facilities or equipment, insurance coverage and financial resources to perform the work. If required, the bidder shall submit to the Village a properly executed Contractor’s Qualification Statement, AIA Document A305.

e) The Village reserves the right to require of any bidder any other information to verify a bidder’s qualifications and financial status and to withhold formal signing of the contract until such information is received.

11. Bid Opening

At the precise time set for bid opening, bids will legally be made public. Bidders or their representatives are encouraged to attend the bid opening.

12. Indemnity Hold Harmless Agreement

All bidders must sign and notarize the attached Indemnity Hold Harmless Agreement included in these Bidding Documents.

13. Prevailing Wages

The work of this Project is subject to the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. A prevailing wage determination has been made by the Illinois Department of Labor for public works projects in DuPage County. The Contractor shall pay prevailing wages in accordance with and shall fully comply with all requirements of the Prevailing Wage Act, 820 ILCS 130/0.01, et seq., including those set forth in Section

13.1.3.1 herein. This Agreement calls for the construction of a "public work," within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. ("the Act"). The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the current "prevailing rate of wages" (hourly cash wages plus amount for fringe benefits) in the county where the work is performed. The Department publishes the prevailing wage rates on its website at http://labor.illinois.gov/. The Department revises the prevailing wage rates, and the contractor/subcontractor has an obligation to check the Department’s web site for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website. All Contractors, Subcontractors, and sub-subcontractors rendering services under this Agreement must comply with all requirements of the Act, including but not limited to, all wage requirements and notice and record keeping duties.

B. Award or Rejection of Bids

1. Award or Rejection

a) The Village shall award the Contract to the lowest responsive, most responsible bidder as determined by and in the sole discretion of the Village.

b) In determining the responsibility of a bidder, the following are taken into consideration, among other factors:

i) The ability of bidder to provide experienced labor sufficient in numbers to timely and properly complete the services;

ii) The character, integrity, reputation, judgment, experience, serviceability and efficiency of the bidder;

iii) The current, uncompleted work in which a contractor is involved, which might hinder or prevent prompt completion of the Village’s work;

iv) The financial resources of the bidder;

v) Quality, utility, suitability of work or material; the quality of the commodity to be furnished, as well as the price therefore, is to be taken into consideration, and a bid which is low in point of price may be rejected if the material to be furnished is not the best;

vii) Bidder’s conformity with the specifications and bid instructions;

and

viii) Prior work completed by the contractor for the Village.

c) The Village reserves the right to (i) reject all bids; (ii) reject only certain bids which are non-conforming or non-responsive to the bid requirement by waiving variances from the specifications and bid instructions pursuant to law s; (iii) accept only a portion, part or specific items of work of all and reject others, as the Village shall in its sole discretion determine to be in its best interest; and/or (iv) award the Contract to the responsible bidder submitting the lowest bid responsive to the bidding requirements. No bid will be accepted from or Contract awarded to any person, firm or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said Village or that has failed to perform faithfully any previous contract with the Village.

d) The Village shall have the right to accept Alternates in any order or combination, and to determine the low bidder on the basis of the sum of the Base Bid and Alternates accepted.

e) Bids will be awarded to one bidder for the entire Project or to any series of bidders for an appropriate proportion of the Project.

2. Notice of Award

The acceptance of a bid will be by a Notice of Award, signed by a duly authorized representative of the Village; no other act by the Village shall constitute the acceptance of a bid. The acceptance of a bid by the Village shall bind the successful bidder to execute and perform the work of the Contract. The successful bidder to whom the Contract is awarded by the Village shall sign and deliver to the Village for execution by the Village all required copies of the Contract, along with all required insurance and surety documents within ten (10) days after presentation to him of the Contract for signature. In case the bidder shall fail or neglect to do so, he will be considered as having abandoned the Contract, and as being in default to the Village. The Village may thereupon re-advertise or otherwise award said Contract and forfeit the Bid Deposit.

C. Bid Surety

1. All bids must be accompanied by a bid surety in the amount of not less than ten percent (10%) of the bid. The bid surety must be in the form of a bid bond and must be signed by a surety company authorized to do business in Illinois. The amount of bond shall be clearly stated on the bid bond form. This is the Village’s guarantee that bidder will execute an agreement and file performance bond, labor and material bond and insurance with bid submission as provided in the bid specifications. Any bid submitted that does not include a bid bond will be rejected.

2. All but the three lowest bidders’ deposits will be returned as soon as possible after bid opening. All remaining bid deposit will be returned upon the Village’s receipt from the successful bidder of an acceptable Performance Bond and Labor and Material Payment Bond, Certificate of Insurance naming the Village as the certificate holder and as an additional insured, and the successful bidder has signed and returned to the Village the Contract for the work presented by the Village.

D. Performance Bond and Labor and Material Bond

1. Requirements

Contractor will be required to furnish to the Village a Performance Bond and a Labor and Material Payment Bond (using a form similar to AIA document 312, or its current equivalent) in the full amount of its Contract. The bond shall be cosigned by a surety company licensed to conduct business in the State of Illinois and with at least an “A” rating and a financial rating of at least “X” in the latest edition of the Best Insurance Guide. Said bond shall guarantee the faithful performance of the work in accordance with the Contract, the payment of all indebtedness incurred for labor and materials, and guarantee correction of work. The cost of each bond shall be included in the Contract Sum. The bidder and all subcontractors shall name the Village as an obligee on all bonds. Said bonds shall meet the requirements of the Illinois Public Construction Bond Act, 30 ILCS 550/0.01 et seq.

and any further amendments thereto. Bidder shall include in its Performance Bond and Labor and Material Payment Bond such language as shall guarantee the faithful performance of the Prevailing Wage Act as required in these Bidding Documents. The bonds shall be submitted to the Village within ten (10) calendar days after the award of the bid, and are a condition precedent to the execution of a contract by the Village. The Village reserves the right, within its sole discretion, to approve or disapprove the Performance Bond and the Labor and Material Payment Bond submitted by Contractor. The Performance Bond and Labor and Material Payment Bond will become a part of the Contract.

2. Failure to Furnish Bond

In the event bidder fails to furnish a performance and payment bond after award of a bid, the Village may exercise its right under the bid bond, if received. Alternatively, the bid surety shall be retained by the Village of Addison as liquidated damages and not as penalty, it being now agreed that sum is a fair estimate of damages that said Village will sustain due to the bidder’s failure to furnish said bond. Further, the failure of the successful bidder to enter into the Contract and supply the required bonds and evidence of insurance within the required timeframe, or within such extended period as the Village may grant, shall constitute a default, and the Village may either award the Contract to the next responsible bidder, or re-advertise for bids. In the event of a default, the Village need not return the defaulting bidder’s bid surety and may charge against the defaulting bidder for the full difference between the amount for the bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the defaulting bidder’s bid surety, provided that the Village’s retention of the bid guarantee shall not preclude the Village from holding the bidder fully liable for any and all damages which are in excess of said partial liquidated damages, and which shall otherwise be incurred by the Village, including reasonable attorneys’ fees, arising from the bidder’s failure to enter into said Contract and to deliver the same back to the Village within said ten (10) calendar days period.

E. Freedom of Information Act

All procurement information concerning this bid shall be a public record to the extent provided in the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.) and shall be made available upon request for the same as provided thereunder.

MINIMUM CONDITIONS OF THE CONTRACT

The following are the Minimum Conditions of the Contract.

For purpose of this section, the term “Contractor” shall mean the party entering into the Contract for performance of the work covered by the written specifications and drawings.

1. Subcontracts

a) If any portion of the work is to be sub-contracted, the Contractor shall submit in writing to the Village for their approval, the name of the subcontractor, the portion of the work to be done, and the value of the subcontract. Any and all subcontractors shall be bound by the Contract to the same terms as the Contractor. Prior to commencing work, subcontractors must place on file with the Village a certificate of insurance as outlined “Insurance”.

b) Except as set forth hereinabove, no Contract shall be assigned or any part of the same subcontracted without the written consent of the Village, but in no case shall such consent relieve the Contractor from his obligation or change the terms of the Contract.

c) The Contractor shall not transfer or assign any Contract funds or claims due, or to become due, without the written approval of the Village having first been obtained.

d) The transfer or assignment of any Contract funds either in whole or in part, or any interest therein, which shall be due, or to become due, the Contractor, shall cause the annulment of said transfer or assignment.

2. General Independent Contractor Clause – This Contract does not create an employee/employer relationship between the parties. It is the parties’ intention that the Contractor will be an independent contractor and not the Village's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Illinois revenue and taxation law, the Illinois Workers’ Compensation Act and the Illinois Unemployment Insurance Act. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor’s activities and responsibilities hereunder. The Contractor agrees that it is a separate and independent enterprise from the Village, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between the Contractor and the Village, and the Village will not be liable for any obligation incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.

3. Equipment and Shop Drawings – When equipment requires installation, the

Contractor shall submit detailed shop drawings to the Village Manager or his designee, for his review and approval. Such approval shall not constitute acceptance of any errors or omissions contained therein, or waiver of any causes of action or remedies available to the Village as a result of such errors or omissions.