INVITATION TO BID

BID NO: 1437

BID DOCUMENTS, CONTRACT, AND SPECIFICATIONS

LEAF HAULING SERVICES

BID PUBLISHED AUGUST 6, 2026

BID OPENEING September 1, 2026– 11:00 AM CST

VILLAGE OF LISLE

925 Burlington Avenue

LISLE, IL 60532

BIDDER’S CHECKLIST

By submitting this proposal in response to the ITB, Bidder hereby represents, warrants, and certifies that:

□ Bidder has carefully examined and read the ITB and all related documents in their entirety;

□ Bidder has fully completed all Bid forms, including the Schedule of Prices;

□ The person signing the proposal on behalf of Bidder is fully authorized to execute the Contract and bind Bidder to all of the terms and provisions of the Contract by signing the following:

□ References

□ Affidavit of Compliance

□ Identification of Subcontractors

□ Completion of Contract (Page 35)

□ Bidder has submitted a certified check or bid bond, as required;

□ Bidder has provided copy of IRS Form W-9;

□ Bidder has included one original submittal within a sealed envelope with project label firmly affixed; and

□ Bidder acknowledges receipt of the following addenda (give number and date of each):

ADDENDUM NO. ____________ ______________ ____________ ______________

PROJECT LABEL

CUT AND ATTACH LABEL ON OUTSIDE OF SEALED PROPOSAL

BID # 1437

DUE DATE: TUESDAY, September 1, 2026 AT 11:00 AM CST

COMPANY’S LEGAL NAME ____________________________________________

COMPANY ADDRESS ____________________________________________

LEGAL NOTICE

Official notice is hereby given that sealed bids will be received at the Lisle Village Hall, 925 Burlington Avenue, Lisle, IL 60532 until 11:00 AM. local time on September 1, 2026, at which time they will be publicly opened and read aloud for the following:

BID NO: # 1437

The work consists of labor, equipment, supplies, and incidentals in order to pick-up, haul away, and transport leaf materials (“Services”) collected by the Village of Lisle Public Works Department and staged at designated site(s) and transported to designated site(s) approved by the Village of Lisle.

Plans, specifications and bid forms may be obtained online at the Village’s website here:

https://www.villageoflisle.org/bids.aspx or Demandstar.com. Any addenda issued for this bid will be issued and posted on at the Village’s website or Demandstar.com on, or before, 3 days prior to the bid opening at 11:00 AM on September 1, 2026. It is the bidders responsibility to check at the Village’s website or Demandstar.com for any issued addenda.

All bids shall be accompanied by a Bid Bond, Certified or Cashier’s Check made payable to the Village of Lisle for not less than five percent of the bid amount. No proposals or bids will be considered unless accompanied by such bond or check.

All work under this Contract 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 and can be accessed by computer at: http://labor.illinois.gov/.

The Village of Lisle reserves the right to waive all technicalities, to accept or reject any or all bids, to accept only portions of a proposal and reject the remainder without disclosure for any reason. Failure to make such a disclosure will not result in accrual of any right, claim or cause of action by any bidder against the Village of Lisle.

The contractor selected will also be required to comply with all applicable federal, state and local laws, rules, regulations and executive orders including but not limited to those pertaining to equal employment opportunity.

Dated: August 6, 2026

Bidding Schedule

Bid Release August 6, 2026

Bidder Questions Due August 24, 2026

Addendum Released August 26, 2026

Bid Opening September 1, 2026 11:00 AM CST

Contract Award September 21, 2026

Commencement of Work To be agreed upon by Village and Contractor

BID FORM - SCHEDULE OF PRICES

Village of Lisle SUBMISSION INFORMATION:

925 Burlington Avenue BID OPENING DATE: September 1, 2026 Lisle, IL 60532 TIME: 11:00 AM LOCATION: Village Hall COPIES: One original

CONTRACTOR INFORMATION

Company Name: ____________________________________

Address: __________________________________________

City, State, Zip Code: ________________________________

I. BASE BID ITEMS – For 2026 Construction (commencing December 07, 2026 and ending April 30, 2027).

NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE COST

Hauling of Leaves To provide all labor, equipment, supplies, and incidentals to pick up and haul away leaves and organic material; transporting from Village site(s) to Village approved location(s).

Cubic Yard

(CY)

5,000

Bidder proposes, and agrees, that Bidder shall take in full payment for all Services and other matters set forth within Contract, including overhead and profit; taxes, contributions and premiums; and compensation to all subcontractors and suppliers, the compensation set forth below. In addition, Bidder certifies that he or she has read all attachments including the specifications and drawings and fully understands what is required.

Bidder has checked the Village’s website for any addenda issued in connection with this ITB, hereby acknowledges receipt of Addenda and acknowledges and agrees that, if proposal is accepted, these addenda will be incorporated into the TOTAL COST and will be binding upon Bidder.

Addendum(s) ____________ (# of addenda)

II. Village Optional Renewal Year 1 – 2027 Construction (Bidder enter % increase) The rates for services listed for the Optional Renewal Year 1 – 2027 Construction will not increase more than _____ % over the BASE BID ITEMS – 2026 Construction Contract period. The Village, in its sole discretion, may extend the Contract for this one-year term to begin on May 1, 2027 and concluding April 30, 2028. No escalations or additional surcharges will be permitted apart from the percentage increases that are bid here.

III. Village Optional Renewal Year 2 – 2028 Construction (Bidder enter % increase) The rates for services listed for the Optional Renewal Year 2– 2028 Construction will not increase more than _____ % over the Optional Renewal Year 1– 2027 Construction Contract period. The Village, in its sole discretion, may extend the contract for this one-year term to begin on May 1, 2028 and concluding April 30, 2029. No escalations or additional surcharges will be permitted apart from the percentage increases that are bid here.

IV. Village Optional Renewal Year 3 – 2029 Construction (Bidder enter % increase) The rates for services listed for the Optional Renewal Year 3– 2029 Construction will not increase more than _____ % over the Optional Renewal Year 2– 2028 Construction Contract period. The Village, in its sole discretion, may extend the contract for this one-year term to begin on May 1, 2029 and concluding April 30, 2030. No escalations or additional surcharges will be permitted apart from the percentage increases that are bid here.

The bid must be placed in a sealed envelope with the Project Label and addressed to the Village of Lisle, 925 Burlington Avenue, Lisle, IL 60532, Attention: Finance. It is the sole responsibility of the bidder to see that its bid is received in proper time. Oral bids or oral modifications to bids will not be considered. 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 Bid Documents will be considered non-responsive.

Bidder acknowledges receipt of the following addenda (give number and date of each):

ADDENDUM NO. ____________ ______________ ____________ ______________

THE SECTION BELOW MUST BE COMPLETED IN FULL AND SIGNED

The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or to accept any request for additional compensation.

Date: _________________________________________

Authorized Signature: __________________________________________________________

Typed/Printed Name:___________________________________________________________

Title: ________________________________________________________________________

Company Name:___________________________ ___________________________________

Telephone Number: _______________________________________

E-mail _________________________________________

INSTRUCTIONS TO BIDDERS

1. INTENT

It is the intent of the Village of Lisle to bid debris and materials hauling services and award these services to a single contractor (“Contractor”).

2. BID PRICE

Contractor should submit pricing for the base bid items and supplemental unit prices in accordance with the bid form (or a lump sum price if indicated on the bid form). Bidders’ prices are to include the delivery of all materials; including plant, equipment, supplies, tools, scaffolding, transportation, insurances, bonds, warranties, and all other items and facilities, and the performance of all labor and services, necessary for the proper completion of the work except as may be otherwise expressly provided in the Contract Documents. 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.

The Village reserves the right to award in part or in whole, or to not award, whatever is deemed to be in the best interest of the Village. The statement of quantities is based upon the best information available at the time of bidding, and the actual units constructed may deviate from those listed in the statement of quantities.

3. SECURITY GUARANTEE

Each bidder shall submit a bid bond, certified or cashier’s check in the amount of 5% to the Village to serve as a guarantee that the bidders shall enter into a contract with the Village to perform the work identified herein, at the price bid. After the bid submittals have been inspected, the Village of Lisle will return the bonds of all except the three lowest responsible bidders. When the Contract with the successful bidder is executed, the bonds of the two remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until both a payment bond and performance bond have been executed and approved, after which time it will be returned.

Any bid not complying with the bid security requirement will be rejected as non-responsive.

4. VOLUME/ESTIMATED QUANTITY

The quantities indicated are estimated quantities. The Village does not guarantee any specific amount and shall not be held responsible for any deviation. This Contract shall cover the Village’s requirements whether for more or less than the estimated amount.

The Village reserves the right to increase and/or decrease quantities, or add or delete locations during the term of the Contract, whatever is deemed to be in the best interest of the Village.

Payment will be rendered based upon the awarded unit cost times the units installed. No additional compensation will be provided for variation from the estimated units listed in the statement of quantities.

5. AWARD

Award shall be made to the lowest responsive and responsible bidder as determined by the Village.

In considering the bidder’s responsibility, the Village may evaluate, among other factors, the ability of the bidder to provide experienced labor sufficient in numbers to timely and properly complete the services, conformity with the specifications, serviceability, quality, and the financial capability of the bidder, and the performance of the bidder on other projects.

The apparent low bidder shall be determined by the Village by totaling the base bid provided.

The Village reserves the right to award, in part or in whole, or not award any portion of the bid, whatever is deemed to be in the best interest of the Village. The Village of Lisle further reserves the right to reject any or all bids.

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.

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 it 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 security.

The Invitation to Bids, Instructions to Bidders, General Conditions, Supplementary and/or Special Conditions, if any, Drawings, Specifications, Contractor Bid Forms, Addenda, if any, Contractor’s Affidavit of Compliance, comprises the Bid Documents. The Bid Documents, together with the Contract between Owner and Contractor for Leaf Hauling Services substantially in the same form included in these Bid Documents, and the Performance Bond and Labor Material Payment Bond and proof of insurance comprise the Contract Documents.

6. TERM

The term of this Contract shall be one year from the date of first award, with three optional one-year renewals of the Contract at the sole discretion of the Village. At the end of each term, the term of the Contract may be extended upon the Village’s sole discretion within ninety days prior to the expiration of the then current term. The contractor’s unit prices will increase under the option renewal years at the percent rates inputted by the bidder under the “SCHEDULE OF PRICES” section on page 3 allowed by this Invitation to Bid. For any year beyond the initial year, this Contract shall be contingent upon the appropriation of sufficient funds; no charges shall be assessed for failure of Village to appropriate funds in future Contract years.

No work shall be undertaken prior to the Village’s approval and execution of the Contract, the Village’s receipt of contractor’s certificate of insurance and bonds as required by the Contract Documents, and the issuance of a Notice to Proceed and purchase order.

7. CONTRACT BONDS

The successful contractor shall furnish to the Village, within 10 calendar days after being notified of the acceptance of bid:

7.1 A Performance Bond satisfactory to the Village, executed by a surety company authorized to do business in the State of Illinois, in an amount equal to 100% of the contract sum as security for the faithful performance of the Contract; and

7.2 A Payment Bond satisfactory to the Village, executed by a surety company authorized to do business in the State of Illinois, for the protection of all persons supplying labor and materials to the contractor or subcontractors for the performance of work provided for in the Contract, in an amount equal to 100% of the contract sum.

7.3 Documents required by this section must be received and approved by the Village before a

Contract will be issued.

All bonds must be from companies having a rating of at least A-minus and of a class size of at least X as determined by A.M. Best Ratings. Said bonds 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 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 Bid Documents.

The Performance Bond and Labor and Material Payment Bond will become a part of the Contract. The failure of the successful bidder to supply the required bonds within ten (10) days after award of the bid, 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) day period.

8. MODIFICATIONS

Bidders shall be allowed to modify/withdraw their bids prior to opening. Once bids have been received and opened no modifications shall be permitted without the approval of the Village Board.

9. CONTACT WITH MUNICIPAL PERSONNEL

All bidders are prohibited from making any contact with the Village’s Mayor, Trustees, or any other official or employee of the Village (collectively, “Municipal Personnel”) regarding this Invitation to Bid, other than in the manner and to the person(s) designated herein. The Village Manager reserves the right to disqualify any bidder found to have contacted Municipal Personnel in any manner regarding this Invitation to bid. Additionally, if the Village Manager determines that the contact with Municipal Personnel was in violation of any provision of 720 ILCS 5/33E, the matter will be turned over to the DuPage County State’s Attorney for review and potential prosecution.

10. DISCLOSURES AND POTENTIAL CONFLICTS OF INTEREST

The Village’s Code of Ethics and state law prohibits public officials or employees from performing or participating in an official act or action with regard to a transaction in which he has or knows he will thereafter acquire an interest for profit, without full public disclosure of such interest. This disclosure requirement extends to the spouse, children and grandchildren, and their spouses, parents and the parents of a spouse, and brothers and sisters and their spouses.

To ensure full and fair consideration of all bids, the Village require all bidders to investigate whether a potential or actual conflict of interest exists between the bidders and the Village, their officials, and/or employees. If a bidder discovers a potential or actual conflict of interest, the bidder must disclose the conflict of interest in its proposal, identifying the name of the municipal official or employee with whom the conflict may exist, the nature of the conflict of interest, and any other relevant information. The existence of a potential or actual conflict of interest does NOT, on its own, disqualify the disclosing bidder from consideration. Information provided by the bidders in this regard will allow the Village to take appropriate measures to ensure the fairness of the bidding process.

The Village of Lisle requires all bidders to submit a certification, enclosed with this bid packet, indicating that the bidder has conducted the appropriate investigation and disclosed all potential or actual conflicts of interest.

By submitting a bid, all bidders acknowledge and accept that if the Village discovers an undisclosed potential or actual conflict of interest, the Village may disqualify the bidders and/or refer the matter to the appropriate authorities for investigation and prosecution.

11. DOCUMENT OBTAINED FROM OTHER SOURCES

The Village of Lisle is the only official source for bid packages and supporting materials. Bid documents can be retrieved from the Village’s website here: https://www.villageoflisle.org/bids.aspx or via Demandstar.com. Utilizing these sources are the only way to ensure bidders receive all addenda and other notices concerning this project. The Village of Lisle cannot ensure that bidders who obtain bid packages from sources other than the Village’s website or Demandstar.com will receive addenda and other notices. All bidders are advised that bids that do not conform to the requirements of this bid package, including compliance with and attachment of all addenda and other notices, may, at the Village’ discretion, be rejected as non-responsive and/or their bid disqualified.

12. PREVAILING WAGE

Contractor agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed under this Contract. Contractor agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this Contract or related subcontract. As required by the Illinois Prevailing Wage Act, the contractor/subcontractor has an obligation to check the applicable prevailing wage rate at the time of bid submission and at the time of performance of the work. These rates can be accessed at the State of Illinois – Department of Labor (IDOL) website: https://www2.illinois.gov/idol/Laws- Rules/CONMED/Pages/Rates.aspx Contractors/subcontractors must use the most current DuPage County rate. IDOL revises the prevailing wage rates and the contractor or subcontractor has an obligation to check IDOL’s website for revisions to prevailing wage rates throughout the duration of this Contract. Failure of a bidder/contractor to make such determination shall not relieve it of its obligations in accordance with the Contract Documents. In consideration for the award to it of the Contract for this project, the contractor agrees that the foregoing notice satisfies any obligation of the public body in charge of this Project to notify the contractor of periodic changes in the prevailing wage rates and the contractor agrees to assume and be solely responsible for, as a material obligation of the contractor under the Contract, the obligation to determine periodic revisions of the prevailing wage rates, to notify its subcontractors of such revisions, to post such revisions as required for the posting of wage rates under the Prevailing Wage Act, and to pay and require its subcontractors to pay wages in accordance with such revised rates.

Contractor agrees to post at the job site in an easily accessible place, the prevailing wages for each craft or type of worker or mechanic needed to execute the contract or work to be performed.

13. BIDDER QUALIFICATIONS AND EVALUATION CRITERIA

The successful bidder must be qualified to perform the work under the Contract and each bidder must demonstrate the experience to provide services required in accordance with the bid specifications, which shall include but not be limited to the following criteria:

• Compliance with specifications;

• Past performance on projects for the Village;

• Compliance with bid submission requirements;

• Current work in progress;

• Current disputes and litigation;

• References; and

• Any other criteria as determined by the Village

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

On the Contractor Reference form provided herein, each bidder must provide at least three (3) projects the bidder has completed in the past five (5) years, which are comparable in scope, giving the name of the project, project description, project address, owner and telephone number.

If requested by the Village, the bidder must present within three working days, satisfactory evidence of its ability and possession of the necessary labor, facilities, experience, financial resources, adequate insurance to comply with the terms of the Contract Documents, and such other information the Village requires to verify the bidder’s qualifications and financial status.

14. SUBCONTRACTORS

If any bidder submitting a bid intends on subcontracting out all or any portion of the engagement, the name of the proposed subcontracting firm(s) must be submitted and approved to the Village prior to commencing any work.

In the event the contractor requires a change of the subcontractor(s) identified, a written request from the contractor and prior written approval from the Village is required.

Failure to identify subcontractors as required by this section could result in disqualification.

15. UNBALANCED BIDS

Any bid which is materially unbalanced as to prices for the Base Bid and/or Alternate Bid Items may be rejected. An unbalanced bid is one which is based on prices that are significantly less than the cost for some work and/or prices which are significantly overstated for other work.

The Village of Lisle will review all unit prices submitted by a bidder and will decide whether any of the unit prices are excessively above or below a reasonable cost analysis value determined by the Village.

In the event any unit prices are determined to be unbalanced and contrary to the interest of the Village, the Village reserve the right to reject such bid in its sole discretion.

16. OMISSIONS/HIDDEN CONDITIONS

The drawings and specifications are intended to include all work and materials necessary for completion of the work. Any incidental item of material, labor, or detail required for the proper execution and completion of the work and omitted from either the drawings or specifications or both, but obviously required by governing codes, federal or state laws, local regulations, trade practices, operational functions, and good workmanship, shall be provided as a part of the work at no additional cost to the Village, even though not specifically detailed or mentioned.

17. QUESTIONS AND CLARIFICATIONS

Should the bidder require additional information about this bid, submit questions via email to:

Procurement@villageoflisle.org. Questions must be submitted no later than 5 days prior to bid opening.

ANY and ALL changes to these specifications are valid only if they are included by written addendum to all bidders. No interpretation of the meaning of the plans, specifications or other contract documents will be made orally; the Village accepts no responsibility for any other claimed interpretations or communications. Failure of any bidder to receive any such addendum or interpretation shall not relieve the bidder from obligation under this bid as submitted. All addenda so issued shall become part of the bid documents. Failure to request an interpretation constitutes a waiver to later claim that ambiguities or misunderstandings caused a bidder to improperly submit a bid.

ADDENDA: It shall be the responsibility of each interested bidder in the Project to check the Village’s website or Demandstar.com for any addenda issued to this bid. If issued, addenda will be issued no later than 3 days prior to bid opening. It is the responsibility of each bidder to verify that it 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 Bid Documents in their entirety, including all addenda issued up to the time of bid opening.

In the event a conflict or omission is discovered in the Bid Documents after the issuing of the last addendum such that an interpretation cannot be issued by the Village prior to bidding, the bidder is directed to estimate on and provide the quantity and quality of material and labor consistent with the overall represented and indicated work so as to provide all materials, equipment, labor, and services necessary for the completion of the work in accordance with the Bid Documents

18. SUBSTITUTIONS DURING BIDDING

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 for the proposed substitution by submitting the request and any additional information as required by these Instruction to Bidders and the Specifications to the Village at least seven (7) business days prior to the bid opening.

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.

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 Bid 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.

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 their judgment, is equal to or better quality and therefore an acceptable alternate. Such decisions are final and not subject to recourse.

19. RESERVATION OF RIGHTS

The Village may accept the bid of, and award the Contract for the work to, the lowest responsive and responsible bidder as determined by and in the sole discretion of the Village.

The Village reserves the right to accept the bidder’s bid that is, in Village’s judgement, the best and most favorable to the interests of the Village and the public; to reject only certain bids which are non-responsive or non-conforming to the Bid Documents; to accept only a portion, part or specific items of a bidder’s bid and reject other items, as the Village determines to be in its best interest; to reject any and all bids ; to accept and incorporate corrections, clarifications or modifications following the opening of the bids when to do so would not, in Village’s opinion, prejudice the bidding process or create any improper advantage to any Bidder or violate applicable law; and to waive irregularities, technicalities or informalities in the bidding process or in any bid submitted in accordance with applicable law; provided, however, that the waiver of any prior defect or informality shall not be considered a waiver of any future or similar defects or informalities, and bidders should not rely upon, or anticipate, such waivers in submitting the bidder’s bid. The enforcement of this Reservation of Rights by one or more of the Village shall not be considered an alteration of the bids.

In the event of a rejection of a portion, part, or certain items of work of all bids, the bid of each bidder shall automatically be deemed reduced by the amount of such rejected part or item at the unit price or other cost designated therefore by that bidder on its submitted bid form. The successful bidder so selected may not refuse to enter into a Contract with the Village on the basis that the Village awarded a Contract for less than all portions or items of the work specified in the Bid Documents.

20. RESPONSIVE BID

A "Responsive Bid" is defined as a "bid which conforms in all material respects to the requirements set forth in this document." Bidders are hereby notified that any exceptions to the requirements of this bid may be cause for rejection of the bid.

Bidders shall promptly notify the Village of Lisle of any ambiguity, inconsistency or error which they may discover upon examination of the bidding documents. Interpretations, corrections and changes will be made by addendum. Each bidder shall ascertain prior to submitting a bid that all addenda have been received and acknowledged in the bid. By submitting a bid, Bidder indicates that all considerations issued by addendum are incorporated in the bid.

Failure of a bidder to complete/submit all required forms with its bid shall be the basis for immediate rejection of that bidder’s bid.

21. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

Each bidder shall visit the site(s) of the proposed work and fully acquaint himself with conditions, as they exist, and shall undertake such additional inquiry and investigation as he shall deem necessary so that he may fully understand the requirements, facilities, possible difficulties and restrictions attending the execution of the work under the Contract. Bidder shall thoroughly examine and be familiar with all of the Bid Documents including, but not limited to, the Drawings and the written Specifications. Any conflicts or discrepancies found between or among Bid Documents including, but not limited to, the Drawings and written Specifications and the site conditions, or any errors, omissions or ambiguities in the Drawings or written Specifications shall be immediately reported to the Village and written clarification requested prior to submission of a bid.

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 any bidder from any obligations 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 Bid Documents, has obtained all needed clarifications and where the Bid Documents indicate in any part of the work, that a given result be produced, that the Bid Documents are adequate and the required result can be produced as indicated in the Specifications and Drawing(s). 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.

22. 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. After the bid opening time, no bid shall be withdrawn or canceled for a period of sixty (60) calendar days.

GENERAL CONDITIONS OF THE CONTRACT

For purposes of the Contract, the following definitions shall apply:

a) the term “Work” shall mean all of the Contractor’s duties under the Contract Documents, including the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations.

The Work may constitute the whole or a part of the Project;

b) the term “Contractor” is the person or entity awarded the Contract. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative. The Contractor is an independent contractor, and shall not be deemed an agent of the Village for any reason.

1. PERFORMANCE OF WORK

1.1 Contractor shall perform all Work in a good and workmanlike manner. Contractor shall maintain sufficient staff and crews to perform all Work in an expeditious manner consistent with the interests of the Village. Contractor shall promptly notify the Village immediately in writing: (i) of any information required from the Village and necessary for Contractor to complete its Work in a timely manner; and (ii) of any Work requested by the Village required for the project that is not included in the scope of Work reflected in the Contract Documents.

Contractor shall be solely responsible for means and methods selected in performing the Work. Contractor shall supervise all Work so that it is performed in a safe and expeditious manner. Contractor shall be solely responsible for the Work of its employees and its subcontractors’ and suppliers’ employees. Contractor shall keep all documents and information related to the project confidential and, except as required by law, shall not disclose such documents or information to any person or other party except the employees of Contractor and its subcontractors who need such documents or information to perform the Work and complete the project.

1.2 Contractor shall confine all equipment, the storage of materials and the operations of its workers, to limits indicated by law, ordinances, permits, or directions of the Village and shall not unreasonably encumber the project site with such materials. The project site shall not be utilized for the storage of vehicles, materials, equipment, or fixtures not intended for the Work to be performed.

1.3 Contractor shall notify all utility companies, public and private, as necessary in advance of commencing performance of the Work. The responsibility for moving water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cable ways, signals and all other utility appurtenances which are within the limits of the proposed construction will be assumed by the Contractor, at no additional compensation. The Contractor shall verify the location of all utilities prior to the start of construction and shall be responsible for the preservation of existing utility installation and the cost of providing precautionary supports, braces, or other equipment to insure against damage to said utility installation. The cost to repair and replace any new or existing utilities damaged will be paid for by the Contractor.

1.4 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 Village of the condition in writing. The Village shall then issue written directions.

Contractor shall not proceed with the Work until the Village has issued written directions.

The contract time and Contract Sum shall be equitably adjusted if necessitated by such directions of the Village.

2. INSURANCE

The Contractor shall maintain for the duration of the Contract, including warranty period if applicable, insurance purchased from a company or companies lawfully authorized to do business in the state of Illinois and having a rating of at least A-minus and a class size of at least X as rated by A.M. Best Ratings. Such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor’s operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

2.1 Workers’ Compensation Insurance covering all liability of the Contractor arising under the

Workers’ Compensation Act and Occupational Diseases Act; limits of liability not less than statutory requirements.

2.2 Employers Liability covering all liability of contractor as employer, with limits not less than:

$1,000,000 per injury – per occurrence; $500,000 per disease – per employee; and $1,000,000 per disease – policy limit.

2.3 Comprehensive General Liability in a broad form on an occurrence basis, to include but not be limited to, coverage for the following where exposure exists; Premises/Operations, Contractual Liability, Products/Completed Operations for 2 years following final payment, Independent Contractor’s coverage to respond to claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees as well as claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the contractor, or (2) by another person and claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use there from;

Railroad exclusions shall be deleted if any part of the project is within 50 feet of any railroad track

General Aggregate Limit $ 2,000,000 Bodily Injury and property damage, combined single limit each occurrence $ 1,000,000

2.4 Automobile Liability Insurance shall be maintained to respond to claims for damages because of bodily injury, death of a person or property damage arising out of Contractor’s, maintenance or use of a motor vehicle. This policy shall be written to cover any auto whether owned, leased, hired, or borrowed.

Each Occurrence Limit $ 1,000,000

2.5 Umbrella Coverage in the sum of $2,000,000 shall be provided and shall apply over all liability policies, without exception, including but not limited to Commercial General Liability, Automobile Liability, and Employers’ Liability.

2.6 Contractor agrees that with respect to the above required insurance:

2.6.1 The CGL policy shall be endorsed for the general aggregate to apply on a “per project” basis;

2.6.2 To provide separate endorsements: to name the Village its elected and appointed officials, employees and agents as additional insured as their interest may appear, and; to provide thirty days’ notice, in writing, of cancellation or material change.

2.6.3 The Contractor’s insurance shall be primary in the event of a claim and the Village’s insurance shall not contribute to it.

2.6.5 An original Certificate of Insurance will be furnished as evidence of the required coverage with the bid and/or with executed contract and before work commences.

The Village (Village’s name inserted), and their respective elected and appointed officials, employees, agents, consultants (Consultant’s name inserted), attorneys and representatives, shall be included as Additional Insured on a primary and non-contributory basis on all liability policies for the duration of the contract term. Additional insured status shall be effectuated by the appropriate original endorsement signed by a person authorized by the insurer to bind coverage on its behalf

2.7 Failure to Comply: In the event the Contractor fails to obtain or maintain any insurance coverages required under this Contract, each Village may purchase such insurance coverages and charge the expense thereof to the Contractor.

3. INDEMNIFICATION

The Contractor agrees to indemnify, save harmless and defend the Village of Lisle, and its respective elected and appointed officials, employees, agents, consultants, attorneys and representatives (collectively, “Village Indemnitees”) and each of them against and hold it and them harmless from any and all lawsuits, claims, injuries, demands, liabilities, losses, costs and expenses; including court costs and attorneys’ fees and expenses for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to property, which may arise or which may be alleged to have arisen out of, or in connection with the Work covered by this Contract, whether or not due or claimed to be due in whole or in part to the active, passive or concurrent negligence of fault of the Village. The foregoing indemnity shall apply except if such injury is caused solely by the willful and wanton conduct of Village, its agents, servants, or employees or any other person indemnified hereafter. The obligations of the Contractor under this provision shall not be limited by the limits of any applicable insurance required of the Contractor.

Contractor shall similarly indemnify, save harmless and defend the Village indemnitees against and from any and all claims, costs, causes, actions and expenses including but not limited to legal fees, incurred by reason of Contractor’s breach of any of its obligations under, or Contractor’s default of, any provision of the Contract.

The indemnification required hereunder shall not be limited by reason of the enumeration of insurance coverage herein provided.

4. BONDS

In accordance with the Instructions to Bidders, Contractor shall deposit with the Village before commencing any Work a performance bond and a payment bond for 100% of the Contract Sum, guaranteeing the faithful performance of the Work in accordance with the Contract Documents, the payment of all indebtedness incurred for labor and materials, payment of the prevailing wage, and guarantee correction of Work.

Whenever Contractor shall be and is declared by the Village to be in default under the Contract, the surety and the Contractor are each responsible to make full payment to the Village for any and all extra work incurred by the Contract as a result of the Contractor’s default and to pay to the Village all attorneys' fees and court costs incurred by the Village as a result of the Contractor’s default, and in protecting the Village’s rights under the Contract Documents to remedy the Contractor’s default.

5. CHANGE IN STATUS

The Contractor shall notify each Village immediately of any change in its status resulting from any of the following: (a) Contractor is acquired by another party; (b) change in greater than 5% Ownership interest; (c) Contractor becomes insolvent; (d) Contractor, voluntarily or by operation law, becomes subject to the provisions of any chapter of the Bankruptcy Act; (d) Contractor ceases to conduct its operations in the normal course of business. The Village shall have the option to terminate its Contract with the Contractor immediately on written notice based on any such change in status.

6. CHANGE ORDERS

For purposes of this section, the “Contract Sum” is amount stated in the Contract, including authorized adjustments, and is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.

The Village believes that the project is fully defined in the Contract Documents and that change orders will not be necessary. However, in the event that a change order is required after execution of the Contract, the Village may order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, with the Contract Sum and contract time being adjusted accordingly. Such changes in the Work shall be authorized by written change order signed by the Village and Contractor (“Change Order”). Upon issuance of the Change Order, the Contractor shall proceed promptly with such changes in the Work, unless otherwise provided in the Change Order. Contractor shall be solely responsible for the cost of additional work and materials under any Change Order resulting from Contractor’s negligent act or omission or failure to perform the Work in accordance with the Contract Documents. All Change Orders and alternative suggestions must be approved by the Village prior to execution.

6.1 Change Orders shall comply with 720 ILCS 5/33E-9.

6.2 Detailed written requests for Change Orders must be submitted to the Village’s representative on the form provided by the Village. (Request furnished in any other format or lacking sufficient information will be rejected). In order to facilitate review of quotations for extras or credits, all requests for Change Orders shall be accompanied by a complete itemization of costs including labor, materials and subcontracts. Where major cost items are subcontracts, they shall also be itemized. Requests will be reviewed by the affected Village’s representative or other authorized agent.

6.3 Each written request for a Change Order must be accompanied by written suggestions where costs can be reduced to offset any Change Order increase requested or a written certification stating that the Contractor has reviewed the Work to be performed and cannot identify areas where costs can be reduced.

6.4 No change in the Work, whether by way of alteration or addition to the Work, shall be the basis of an addition to the Contract Sum or change in the contract time unless and until such alteration or addition has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of the Contract Documents and applicable law. In the event Contractor has a claim for an increase in the Contract Sum or time to complete the Work, Contractor shall provide written notice to the Village before proceeding to execute the Work. Contractor shall not perform such Work associated with the claim until approved by written Change Order by the Village. Accordingly, no course of conduct or dealing between the Parties, nor any express or implied acceptance of alterations or additions to the Work and no claim that the Village has been unjustly enriched shall be the basis of any claim to an increase in the Contract Sum or change in the contract time.

6.5…