village of willowbrook RFP-North-Plainfield-Development-Opportunity.pdf

RFP Number 01-2026-VAO Due Date: 07/24/2026 North Plainfield Development Opportunity

REQUEST FOR PROPOSALS

Village of Willowbrook

Advertised: May 1, 2026

Due: July 24, 2026

LEGAL NOTICE

Official notice is hereby given that separate sealed proposals will be received at Village Hall, Village of Willowbrook, 835 Midway Drive., Willowbrook, IL 60527 until 11:00 a.m. local time on 07/24/2026, and then at said office publicly opened and read aloud for the following:

RFP NO: 01-2026-VAO

RFP ON: North Plainfield Development Opportunity

The Village of Willowbrook seeks assistance from a highly qualified firm to provide redevelopment services as described in this Request for Proposal (RFP). Sealed proposals must be received at Village Hall, 835 Midway Drive, Willowbrook, IL, before 07/24/2026, at 11:00 a.m. per the requirements stated in the RFP. No late, faxed, or electronic proposals will be accepted.

The Village of Willowbrook reserves the right to reject or accept any or all proposals, to negotiate with any developer, to award an agreement to any developer, and to waive any informalities as deemed in the best interest of the Village.

Questions pertaining to the project may be directed to Alex Arteaga aarteaga@willowbrook.il.us no later than 07/10/2026, by 5:00 p.m.

Alex Arteaga

Assistant Village Administrator

SUBMISSION INFORMATION

INVITATION:

#01-2026-VAO

835 Midway Dr

PROPOSAL OPENING

DATE:

07/24/2026

Willowbrook, IL 60527

TIME:

11:00 A.M. Local Time

LOCATION:

Village Hall

COPIES: One (1) original, and one (1) electronic (USB)

REQUEST FOR PROPOSAL INFORMATION

Company Name:

Address:

City, State, Zip Code:

The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to be 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. By signing this proposal document, the Proposer hereby certifies that they are not barred from proposing on this contract as a result of a violation of either Section 33E-3 or 33E-4 of the Illinois Criminal Code of 1961, as amended.

Authorized Signature: Company Name:

Typed/Printed Name: Date:

Title: Telephone Number:

E-mail: Fax Number:

PROJECT SPECIFICATIONS

1. GENERAL AND BACKGROUND INFORMATION – VILLAGE OF WILLOWBROOK

The Village of Willowbrook, hereafter referred to as the “Village”, is a home-rule, AAA bond-rated municipality located in west-suburban DuPage County, approximately 25 miles west of downtown Chicago. The Village was founded in 1960 and has become a desirable community with great accessibility, high-quality schools and parks, a strong commercial sector, and a vibrant and community-minded residential base. O’Hare and Midway airports are a short distance away, and the nearby rail line transports commuters into Downtown Chicago in as short as 20 minutes. Willowbrook’s attractive location allows companies to serve local, national, and international markets from a stable Midwestern base. The Village’s accessibility and superior transportation linkages make Willowbrook an attractive place to live and work.

The Village employs 51 full-time equivalent employees and includes a strong network of community volunteers serving on many Boards and Commissions. Willowbrook operates under the Mayor -Trustee form of government. The Mayor and six Trustees are all elected on an at-large basis. A professional Village Administrator oversees the day-to-day operations of the Village.

2. INTENT

The Village of Willowbrook (“Village”) is soliciting proposals from qualified developers, teams, and/or operators for the development of approximately 2.28 acres of Village-owned land. Two

(2) additional adjacent parcels are available for incorporation into the development at the Proposer’s option. The site is directly adjacent to the existing 4-acre Willow Pond Park, which the development is expected to complement and integrate with.

The Village seeks a visionary partner to deliver a community-oriented, revenue-generating, and placemaking development that enhances public amenities while creating a sustainable economic asset.

3. PROPOSAL PRICE & TERM OF AGREEMENT

The Village is open to a range of transaction structures, including outright sale of the property, long-term ground lease, joint development agreement, revenue-sharing arrangement, or a combination thereof. Proposers should clearly describe their preferred structure, including any proposed purchase price, lease terms, capital investment, requested public participation, and projected financial returns to the Village. The term of any resulting agreement will be negotiated based on the proposed structure and scope of the development.

4. AWARD

Award will be made to the Proposer who is best qualified to perform in accordance with the terms and conditions of the specifications including the evaluation criteria specified herein for each Group. The Village reserves the right to award the Proposal in part, or in whole, or not award any portion of the Proposal, whatever is deemed to be in the best interest of the Village.

The Village further reserves the right to reject any or all proposals.

5. FINANCIAL TERMS

All financial terms—including any purchase price, ground lease payments, percentage rent, revenue-sharing arrangements, escalation provisions, and adjustment mechanisms—shall be set forth in the definitive agreement(s) negotiated between the Village and the selected Proposer.

The Village reserves the right to reject any proposal.

6. SPECIFICATIONS

See pages 18-24.

7. PAYMENTS TO THE VILLAGE

Any payments owed to the Village under the resulting agreement (including, as applicable, purchase price installments, ground lease payments, percentage rent, or revenue-share distributions) shall be remitted to the Village in accordance with the schedule and method specified in the definitive agreement. Payment instructions, invoicing protocols, and reporting obligations shall be set forth in that agreement.

8. CALENDAR OF EVENTS/TENTATIVE AND SUBJECT TO CHANGE

DATE ACTIVITY

May 1, 2026 Request for Proposals are advertised on the Village website.

May 27, 2026 Pre-Submittal Meeting at 825 Midway Drive (optional)

July 10, 2026 Last day to submit questions and requests for clarification.

July 24, 2026 Deadline for Proposal Submission. Proposals received after the date and time identified will be returned unopened.

Submit One (1) original and one (1) electronic (USB) copy of the complete/signed proposal by 07/24/2026 before 11:00 A.M. CDT, to:

Village of Willowbrook

835 Midway Dr, Willowbrook IL 60527

RFP # 01-2026-VAO

RFP ON: North Plainfield Development Opportunity

August 2026 Developer Interviews with staff and the Village Board

September/October 2026 Village Board Approval

9. ADDITIONAL INFORMATION

Should the Proposer require additional information about this request for proposal, submit questions via email to: aarteaga@willowbrook.il.us. Questions are required no later than 5:00 P.M. on July 10, 2026.

ANY and ALL changes to these specifications are valid only if they are included by written addendum. No interpretation of the meaning of the scope of work will be made orally. Failure of any Proposer to receive any such addendum or interpretation shall not relieve the Proposer from any obligation under this proposal as submitted. All addenda so issued shall become part of the proposal documents. Failure to request an interpretation constitutes a waiver to later claim that ambiguities or misunderstandings caused a Proposer to improperly submit a proposal.

The Village recognizes that in some cases the information conveyed in this RFP may provide an insufficient basis for performing a complete analysis of the RFP requirements. Prospective Proposers are therefore requested to make the best possible use of the information provided, without the expectation that the Village will be able to answer every request for further information, or that the schedule for receipt and evaluation of proposals will be modified to accommodate such request.

INSTRUCTIONS FOR SUBMISSION OF PROPOSAL

1. INFORMATION

A. Definition: The Request for Proposals (RFP) process is a method of procurement permitting discussions with responsible proposers and revisions to proposals prior to award of a contract. Proposals will be opened and evaluated in private. Award will be based on the criteria set forth herein.

B. Examination of Documents: Prior to submitting a proposal, Proposers are advised to carefully examine the contract documents, project scope and work tasks to be accomplished, specifications, insurance requirements and required affidavits; becoming thoroughly familiar with all conditions, instructions and specifications governing this proposal. If a proposal is accepted, the Proposer shall be responsible for, and the Village will make no allowance for, any errors in the proposal resulting from the Proposer's failure or neglect to comply with these instructions.

C. Form of Proposal: Proposals shall be made in accordance with these instructions.

Proposals shall be submitted on the forms provided by the Village. Additional information, as requested by the Village, shall be submitted in accordance with instructions contained within these documents. Failure to execute proposals as required may, at the sole discretion of the Village, be cause for rejection.

D. Execution of Proposal: Proposals shall be signed by an authorized officer or Manager of the Proposer. If the Proposer is a corporation, the proposal shall bear the name of the corporation, and be signed by the president and secretary of the corporation. Should the proposal be signed by an officer(s) other than the president and secretary of the corporation, the proposal must be accompanied by an affidavit authorizing such officer(s) to bind the corporation.

E. Incurred Costs: The Village will not be liable in any way for any costs incurred by Proposer in replying to this Request for Proposal.

2. SUBMISSION OF PROPOSAL

All proposals shall be submitted in a sealed envelope to the Village Administrator’s Office, Village of Willowbrook, 835 Midway Dr, Illinois, 60527, by the specified closing time for receipt of the proposals. The sealed envelope shall carry the following information on the face:

Proposer’s name, address, subject matter of the proposal, proposal number, and date and hour designated for the closing of receipt of proposals as shown in the notice.

Where proposals are sent by mail or courier service, the Proposer shall be responsible for their delivery to the Village Administrator’s Office prior to the designated date and hour for opening. If delivery is delayed beyond the date and hour set for the opening, proposals thus delayed will not be considered and will be returned unopened.

The Village shall not be held responsible for the premature opening or non-opening of a proposal not properly addressed and identified in accordance with these instructions, except as otherwise provided by law.

3. WITHDRAWAL OF PROPOSAL

Proposals may be withdrawn before the time designated for the closing of receipt of proposals by written request. However, no proposal shall be withdrawn within the ninety (90) calendar day period after the time set for the closing. Proposers withdrawing their proposal prior to the time and date set for closing of receipt of proposals may still submit another proposal if done in accordance with these instructions.

4. EVALUATION PROCESS

The Village will apply the evaluation criteria specified herein in determining the Proposer deemed to be the most advantageous and best qualified to perform in accordance with the terms and conditions of the Agreement.

A. The Village receives written proposals as follows: One (1) original and one (1) electronic (USB) copy of the Proposal shall be submitted. The proposals should include the resume of the firm, location of the firm, references from past and present clients, descriptions of projects of similar scope and experience, the names and background of project personnel, a narrative or work plan describing their approach to the specific project, a project task schedule (as applicable), and any other submittals requested within the proposal document.

B. The Village will review and evaluate the proposals based on the established selection criteria and a comparison of all proposals. If necessary, the Village may request a meeting with one or more Proposers to clarify and/or expand on the Proposal. In accordance with the requirements of the Proposal, the Village may negotiate terms, conditions, and fees with one or more Proposers.

a. All Proposers are advised that in the event of receipt of an adequate number of proposals, which in the opinion of the Village require no clarification and/or supplementary information, such proposals may be evaluated without discussion.

Hence, proposals should be initially submitted on the most complete and favorable terms which Proposers are capable of offering to the Village.

b. The Village may conduct discussions with any Proposer who submits an acceptable or potentially acceptable proposal. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals.

During the course of such discussions, the Village shall not disclose any information derived from one Proposal to any other Proposer. The Village reserves the right to request the Proposer to provide additional information during this process

During discussions, the Proposer shall be prepared to cover the following topics:

i. The specific services to be provided;

ii. Qualifications of the Proposer, including work on projects of similar scope and experience, the background of project personnel, etc., and;

iii. The working relationship to be established between the Village and the

Proposer, including, but not limited to, what each party should expect from the other.

c. The Village reserves the right to negotiate specifications, terms, and conditions that may be necessary or appropriate to accomplish the purpose of this RFP. The Village may require the RFP and the Proposer's entire Proposal to be made an integral part of the resulting contract. This implies that the Village will hold all responses, supplemental information, and other submissions provided by the Proposer during discussions or negotiations as contractually binding on the successful Proposer. When the Village determines a Proposer's Proposal to be unacceptable, such Proposer shall not be afforded an additional opportunity to supplement its Proposal.

C. The Village will select the Proposal, which appears to be the most advantageous based on the ability to meet the criteria. The Village's municipal manager/administrator or board of trustees/city council, as the case may be, will have the right to execute an agreement with the Proposer who is deemed to be the most advantageous and who is best qualified to perform in accordance with the terms and conditions of the Agreement. The Village reserves the right to reject any or all Proposals

5. EVALUATION CONSIDERATIONS

1. Responsiveness with Request for Proposals This evaluation refers to the adherence to all conditions and requirements of the Request for Proposal.

2. Required Submittals Qualified firms interested in providing the services described are invited to submit a complete Proposal for consideration. The Proposal shall address the items listed below.

Failure to provide all requested items may be sufficient cause for the non-acceptance of the Proposal.

The Proposer may provide information in addition to the information requested; however, the additional information shall be placed at the end of the Proposer's submittal in a section separated from the remainder of the Proposal.

3. Acceptability of Proposals This refers to the adherence to all conditions and requirements of the Request for Proposals. The offer shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall be categorized as follows:

i. Acceptable;

ii. Unacceptable

Grading Criteria Value

1. Financial Return to the Village – 35%

2. Development Team Qualifications & Experience – 25%

3. Development Concept & Design Quality – 20%

4. Park Integration & Community Benefit – 20%

1. Financial Return to the Village

The Village will evaluate the projected financial return generated by the proposed transaction, including any proposed purchase price, ground lease payments, percentage rent, revenue-sharing, and ongoing tax revenues (sales tax, home rule sales tax, places of eating tax, and property tax). Proposers should provide a clear pro forma identifying capital investment, sources and uses of funds, requested public participation (if any), and projected fiscal impact to the Village over the term of the agreement. Higher weight will be given to proposals that maximize long-term, sustainable revenue to the Village while limiting public financial exposure.

2. Development Team Qualifications & Experience

Provide a narrative describing the development team, including the lead developer, design and architecture team, restaurant or retail operating partners (if applicable), construction team, financing partners, and any subconsultants. Identify each key individual’s role and provide an organization chart showing functional relationships between the lead Proposer, partners, and the Village. The Village will give particular weight to teams with demonstrated experience delivering mixed-use, food-and-beverage, or destination retail projects of comparable scale, and to teams with established operating partners committed to the project.

The Proposer shall have a minimum of five (5) years of experience leading projects of similar size, scope, and use type. The Proposer shall describe at least five (5) comparable completed projects since January 1, 2020, including project size, uses, capital cost, financial structure, and outcome. For each reference, provide the client/owner contact name, title, telephone, e-mail, and mailing address, and identify the project lead responsible for that engagement. In documenting experience, the Proposer should specifically describe significant entitlement, design, or operational challenges encountered and the solutions implemented.

Additional points will be given up to the maximum allotted for this item for substantial experience on the same type of projects and outstanding performance on previous projects. Little or no experience on the type of project will receive fewer points.

3. Development Concept & Design Quality

The Village will evaluate the quality, distinctiveness, and feasibility of the proposed development concept. Proposers should submit a conceptual site plan, building massing or elevations, a description of proposed uses and tenants (or tenant types), and a narrative explaining how the design creates a memorable, walkable destination. The Village values strong architecture, thoughtful landscape design, integration with the surrounding neighborhood context, and concepts that establish a cohesive identity for the site.

Additional points will be awarded for proposals that demonstrate exceptional design quality, distinctive identity, attention to placemaking and pedestrian experience, and strong tenant or operator commitments at the time of submission.

4. Park Integration & Community Benefit

The Village will evaluate how thoughtfully the proposed development integrates with the adjacent 4-acre Willow Pond Park and contributes to the broader community. This includes pedestrian and visual connections to parkland, contributions to or enhancement of public open space, accommodation of Village events or programming, sensitivity to the surrounding residential neighborhood, and broader community benefits such as support for small or local businesses, and long-term operational stewardship. Proposals that incorporate complementary public realm or recreational components in ways that strengthen, rather than dilute, the commercial program will be viewed favorably.

GENERAL TERMS AND CONDITIONS

1. PROPOSER QUALIFICATIONS

All Proposers must be qualified and demonstrate the capability to provide services required in accordance with the proposal specifications. Proposals shall be evaluated using the aforementioned Evaluation Considerations. Firms meeting the mandatory criteria will have their proposals evaluated for both technical qualifications and price. The following represent the principal selection criteria which will be considered during the evaluation process (not listed in order of priority):

• Financial Return to the Village

• Development Team Qualifications & Experience

• Development Concept & Design Quality

• Park Integration & Community Benefit

2. MODIFICATIONS TO SCOPE

The site composition, program elements, and development objectives described herein reflect current Village planning and may be refined through the proposal review and negotiation process. The Village makes no representation or guarantee as to the final size, configuration, parcel composition, or use mix of the development.

The Village reserves the right, prior to execution of a definitive agreement, to:

(a) add, remove, substitute, or otherwise modify the parcels made available for development, including the inclusion or exclusion of the two (2) additional adjacent parcels that are privately owned and not under Village control – may be incorporated into the development at the Proposer’s option, subject to the Proposer obtaining site control through purchase, option or other arrangement with the property owners.

(b) revise program priorities, design parameters, or community benefit components based on public input, market conditions, or further Village analysis;

(c) request modifications to a Proposer's concept, scope, financial terms, or schedule during negotiations; and

(d) phase, defer, reduce, or expand the scope of the development as deemed to be in the best interest of the Village.

Any change in scope, parcel composition, financial terms, or schedule occurring after execution of a definitive agreement shall be addressed through a written amendment to that agreement, on terms negotiated between the Village and the selected Proposer. No oral modification shall be binding on the Village.

In the event the selected Proposer is unable or unwilling to proceed on terms acceptable to the Village, or fails to meet agreed-upon milestones, the Village reserves the right to terminate negotiations and to either enter into discussions with another Proposer who submitted a responsive proposal under this RFP or re-solicit the project, in each case as deemed to be in the best interest of the Village.

3. DOCUMENT OBTAINED FROM OTHER SOURCES

The Village of Willowbrook is the only official source for proposal packages and supporting materials. Registration with the Village is the only way to ensure Proposers receive all addenda and other notices concerning this project. The Village cannot ensure that Proposers who obtain proposal packages from sources other than the Village will receive addenda and other notices. All Proposers are advised that proposals that do not conform to the requirements of this proposal package, including compliance with and attachment of all addenda and other notices, may, at the Village’s discretion, be rejected as non-responsive and/or their proposal disqualified. In such cases, the Village will NOT re-release the project absent extraordinary circumstances.

4. DISCLOSURE OF POTENTIAL OR ACTUAL CONFLICT OF INTEREST

The Village’s Code of Ethics 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 proposals, the Village requires all Proposers including owners or employees to investigate whether a potential or actual conflict of interest exists between the Proposer and any Village, their officials, and/or employees. If the Proposer discovers a potential or actual conflict of interest, the Proposer 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 Proposer from consideration. Information provided by Proposers in this regard will allow the Village to take appropriate measures to ensure the fairness of the proposal process.

The Village requires all Proposers to submit a certification, enclosed with this proposal packet, that the Proposer has conducted the appropriate investigation and disclosed all potential or actual conflicts of interest.

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

5. SILENCE OF SPECIFICATIONS

The apparent silence of specifications as to any detail or apparent omission from a detailed description concerning any portion of this request for proposals shall be interpreted as meaning that only the best practice shall prevail.

6. HOLD HARMLESS

The PROPOSER shall indemnify, defend, and hold harmless the Village and the Village’s elected and appointed officials, employees, agents, and representatives from all claims, liabilities, losses, damages, demands, penalties, causes of action, costs, and expenses, including court costs and reasonable attorneys’ fees, which may arise or which may have been alleged to have arisen out of, or in connection with, the Proposer‘s performance of the Services.

The obligations of the Proposer under this Section 6 shall not be limited by any applicable insurance required of the Proposer. Notwithstanding any other contrary provision contained herein, the Proposer’s obligations under this Section 6 shall survive the expiration or termination of this Agreement.

7. RESERVATION OF RIGHTS

The Village reserves the right to accept the Proposal that is, in their judgment, the best and most favorable to the interests of the Village and the public; to accept any item to any Proposal;

to reject any and all Proposals; to accept and incorporate corrections, clarifications or modifications following the opening of the Proposals when to do so would not, in the Village’s opinion, prejudice the proposal process or create any improper advantage to any Proposer; and to waive irregularities and informalities in the proposal process or in any Proposal submitted;

provided, however, that the waiver of any prior defect or informality shall not be considered a waiver of any future or similar defects or informalities, and Proposers should not rely upon, or anticipate, such waivers in submitting the Proposals. The enforcement of this Reservation of Rights by the Village shall not be considered an alteration of the proposals.

8. CHANGE IN STATUS

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

9. SUB-PROPOSERS

If the Proposer intends to subcontract out all or any portion of the engagement, the Proposer must identify any Sub-Proposers on the attached form. Verify that all Sub-Proposers have completed a pre-employment background check.

10. PRECEDENCE

Where there appears to be variances or conflicts, the following order of precedence shall prevail: The Village’s Project Specifications; The Request for Proposals General Terms & Conditions and Special Terms & Conditions, and the successful Proposer’s Proposal Response

11. JURISDICTION, VENUE, CHOICE OF LAW

This agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Illinois. The parties agree that the sole jurisdiction and venue for any action arising hereunder will be the Circuit Court of DuPage County, Illinois

12. NON-ENFORCEMENT BY THE VILLAGE

The Proposer shall not be excused from complying with any of the requirements of the Contract because of any failure on the part of the Village, on any one or more occasions, to insist on the

Proposer’s performance or to seek the Proposer’s compliance with any one or more of said terms or conditions.

13. INDEPENDENT PROPOSER

The Proposer is an independent Proposer and no employee or agent of the Proposer shall be deemed for any reason to be an employee or agent of the Village.

Employees or Divisions of the Proposer may be changed if those personnel leave the firm, are promoted or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the Village. However, in either case, the Village retains the right to approve or reject personnel assigned or their replacements.

Proposers and firm specialists mentioned in response to this request for proposals can only be changed with the express prior written permission of the Village, which retains the right to approve or reject replacements.

Other personnel may be changed at the discretion of the Proposer provided that replacements have substantially the same or better qualifications or experience.

14. NON APPROPRIATIONS

The Village reserves the right to terminate the whole or any part of this agreement or to reject proposals, in the event that the Village Board of Trustees does not appropriate sufficient funds for its completion.

15. PROPERTY OF THE VILLAGE

All documents, findings and work product produced as a result of these services shall become the property of the Village.

16. EQUAL EMPLOYMENT OPPORTUNITY

The successful Proposer shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., as amended, and any rules and regulations promulgated in accordance therewith, including, but not limited to the Equal Employment Opportunity Clause, Illinois Administrative Code, Title 44, Part 750 (Appendix A), which is incorporated herein by reference. Additionally, the Proposer shall comply with any Fair Employment Ordinance that has been adopted by the Village.

17. ILLINOIS HUMAN RIGHTS ACT (775 ILCS 5/)

In the event the Proposer’s non-compliance with the provision of the Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Applicable Rules and Regulations of the Illinois Department of Human Rights (“Department”), the Proposer may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation

18. AUDIT/ACCESS TO RECORDS

A. The Proposer shall maintain books, records, documents and other evidence directly pertinent to performance of the work under this agreement consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards. The Proposer shall also maintain the financial information and data used by the Proposer in the preparation or support of any cost submissions required under this subsection, (Negotiation of contract amendments, change orders) and a copy of the cost summary submitted to the Municipality. The Auditor General, the Municipality, or any government agency or any of their duly authorized representatives shall have access to the books, records, documents, and other evidence for purposes of inspection, audit, and copying.

The Proposer will provide facilities for such access and inspection.

B. Audits conducted pursuant to this provision shall be consistent with generally accepted auditing standards in accordance with the American Institute of Public Accountants Professional Standards.

C. The Proposer agrees to the disclosure of all information and reports resulting from access to records pursuant to the subsection above. Where the audit concerns a Proposer, the auditing agency will afford the Proposer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the written comments, if any, of the audited parties.

D. Records under the subsections above shall be maintained and made available during performance of the work under this agreement and until three years from the date of final audit for the project. In addition, those records which relate to any dispute or litigation or the settlement of claims arising out of such performance, costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the date of resolution of such dispute, appeal, litigation, claim or exception.

19. PROTEST PROCEDURE

The full context of Protest Procedures can be found in the Village of Willowbrook Procurement Policy. An overview of the procedures are included below.

Any Proposer wishing to file a protest regarding the proposal process may do so by giving written notice to the office of the Village of Willowbrook Village Administrator within three (3) business days of award. This notice should include the title of the requirement, the request for proposal number, the closing date and the nature of the protest.

In the event that the protest cannot be resolved by mutual agreement, the Village Administrator's Office shall refer the protest to the Village Administrator or his/her designee within five (5) business days after the protest meeting with a recommendation, in writing, for resolution of the protest. The Village Administrator may conduct an evidentiary hearing at his or her sole option and may designate a representative to preside at such hearing. The Village Administrator will conduct a review and make an attempt to resolve the issue in a manner amicable to all parties within ten (10) business days after receipt of the recommendation, date of the hearing, or the review, whichever is later.

20. CONFIDENTIALITY

Consideration will be given to requests to maintain confidentiality for certain proprietary or confidential information provided in a proposal. If the Proposer desires to maintain confidentiality for specific information, the pages containing the information should be clearly marked on the proposal as “Proprietary and Confidential.” In no event should all pages of the proposal be so marked. The proposal should include a separate written request clearly evidencing the need for confidentiality. The Village’s Purchasing Manager shall examine the proposals to determine the validity of any written requests for nondisclosure of trade secrets and other proprietary data identified. After award of the agreement, all responses, documents, and materials submitted by the Proposer pertaining to this RFP will be considered public information and will be made available for inspection, unless otherwise determined by the Village’s Purchasing Manager. All data, documentation and innovations developed as a result of these contractual services shall become the property of the Village. Based upon the public nature of these RFP’s, a Proposer must inform the Village, of the exact materials in the offer that the Proposer believes should not be made a part of the public record in accordance with the Illinois Freedom of Information Act.

21. RESPONSIBILITY OF PROPOSER

No agreement will be awarded to any person, firm or corporation that is in whole or in part, in an unsatisfactory manner, in any agreement with the Village, or who is a defaulter as to surety or otherwise upon any obligation to the Village.

22. EXCEPTIONS TO SPECIFICATIONS

Any exceptions to these specifications shall be listed and fully explained on a separate page entitled “Exceptions to Specifications”, prepared by the Proposer on its firm’s letterhead, to be attached to and submitted with these documents at the time of submission of the proposal.

Each exception must refer to the page number and paragraph to which it pertains. The nature of each exception shall be fully explained. Proposers are cautioned that any exceptions to these specifications may be cause for rejection of the proposal.

Should a Proposer submit a proposal where any exception is not clearly marked, described and explained, the Village will consider the proposal to be in strict compliance with these specifications. If then awarded an agreement, the successful Proposer shall comply with all requirements in accordance with these specifications.

23. NON-EXCLUSIVITY

Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the Proposer(s). This Contract shall not restrict the Village from acquiring similar, equal or like goods and/or services from other entities or sources if deemed to be in the best interest of the Village.

24. COMPETENCY OF PROPOSER

If requested in writing by the Village, the Proposer must present within three (3) working days, satisfactory evidence of its ability and possession of the necessary facilities, experience, financial resources and adequate insurance to comply with the terms of the Contract Documents.

SPECIFICATIONS

I. GENERAL INFORMATION

1. INTENT

The Village of Willowbrook (“Village”) is soliciting proposals from qualified developers, teams, and/or operators to provide development services for the North Plainfield development, which is approximately 2.28 acres of Village-owned land with the possibility of expansion of the development at the Proposer's option.

The Village seeks a visionary partner to deliver a community-oriented, revenue-generating, and placemaking development that enhances public amenities while creating a sustainable economic asset.

2. SCOPE

Project Overview

Site Description & Market Context:

• Location: Village-owned parcels adjacent to Willow Pond Park, with frontage along Plainfield Road

• Size: 2.28 acres of Village-owned land identified as the primary development parcels.

Two (2) additional adjacent parcels along Plainfield Road are privately owned;

Proposers may incorporate them into a concept at their option, but site control is the Proposer's responsibility, and the Village makes no representation as to the willingness of the current owners to sell or lease.

• Context: Direct adjacency to a 4-acre public park

Regional Access & Visibility:

• Located along the Plainfield Road corridor, a primary commercial spine

• Immediate proximity to Route 83 (Kingery Highway) and convenient access to I-55

• Close to established retail destinations, including Willowbrook Town Center

• Near existing and planned prominent retailers, including the redevelopment of the

Willowbrook bowling alley into a grocery store

Market Position:

The site is strategically positioned within the western suburban Chicago market, serving both local residents and a broader regional customer base. Its visibility, accessibility, and adjacency to parkland create a unique opportunity for a destination-oriented dining and gathering environment.

Demographic Highlights (approximate – to be verified by respondents)

• Population (3-mile radius): ~65,000+

• Population (5-mile radius): ~150,000+

• Median Household Income (3-mile radius): ~$110,000+

• Median Household Income (5-mile radius): ~$120,000+

• Daytime Population: Strong due to nearby employment centers, retail, and service uses.

Consumer Profile

• Affluent, established suburban households

• Strong dining and entertainment spending potential

• Demand for higher-quality, experiential food and beverage options not widely available in the immediate area

Ownership

• Village of Willowbrook

*Highlighted: Three Village-Owned Properties Available, East of Willow Pond Park

Project Vision

The Village envisions a high-quality, design-forward destination that activates the Plainfield Road corridor, generates sustainable revenue, and creates a memorable, walkable gathering place integrated with Willow Pond Park. The Village expects proposals to be anchored by revenue-generating commercial uses, such as food-and-beverage operators and curated retail, and is open to thoughtful integration of complementary park, recreational, civic, or community programming elements that strengthen the overall concept.

The project should reflect a cohesive identity, emphasizing architecture, landscape design, and placemaking that creates a distinct, memorable experience within Willowbrook and the surrounding region.

The Village welcomes proposals from established food-and-beverage operators, retail developers, and mixed-use teams with a demonstrated track record of creating destination experiences. Concepts that contribute to a vibrant, year-round environment, integrated with Willow Pond Park will be viewed favorably.

The Village envisions a vibrant, walkable destination that blends:

• Dining and gathering spaces

• Small-scale retail and local entrepreneurship

• Expanded park amenities

• Flexible community programming space

* The concept image above was developed collaboratively by Village staff and Design Collective for illustrative purposes only. Proposers are not expected to mirror this concept and are encouraged to submit their own development vision consistent with the objectives described in this RFP.

Development Objectives

Placemaking & Community Activation

• Create a destination environment integrated with Willow Pond Park

• Provide a central lawn or green space for Village events and programming

• Enhance connectivity between development and parkland, while not disrupting the neighborhood’s peace and quiet.

Economic Development

• Generate sustainable revenue streams for the Village

• Support local businesses and small retailers

• Attract visitors and increase local economic activity

Development Partnership Structure

• Potentially utilize a Public-Private Partnership model (ground lease, joint venture, or similar structure)

• Clearly define roles, responsibilities, and financial participation

• Align long-term operational and maintenance strategies

* Outdoor Seating

Program Elements (Desired Components)

The proposals should incorporate some or all of the following elements:

Food & Beverage

• 1–2 full-service restaurant concepts

• Outdoor dining integrated with park views

Retail & Pavilion Concept

• Flexible retail pavilion(s) designed for:

• Small/local businesses

• Pop-up vendors

• Artisan markets

Seasonal & Recreational Uses

• Seasonal concessions (e.g., coffee, ice cream, food kiosks)

• Farmers markets or event-based vending

Public Space Enhancements

• Central lawn for events and gatherings

• Flexible outdoor seating areas

• Public gathering plazas

Park Integration

• Expansion or enhancement of Willow Pond Park

• New park pavilion structures

• Trail or pedestrian connectivity improvements

Community-Oriented Features

• Community garden space

• Educational or recreational programming area

Development Flexibility

The Village encourages innovative and flexible proposals, including:

• Phased development approaches

• Expansion beyond the initial 2.28 acres (if possible)

• Unique architectural or experiential concepts

Partnership Structure

The Village is open to a variety of deal structures, including:

• Sale of the properties

• Ground lease

• Land contribution + private development

• Joint development agreements

• Revenue-sharing arrangements

Proposers should clearly outline:

• Capital investment

• Requested public participation (if any)

• Financial returns and revenue structure

Submission Requirements

Development Concept

• Site plan and conceptual design

• Description of proposed uses and program elements

Development Team Qualifications

• Developer experience (similar projects preferred)

• Key team members and partners

• Relevant project examples

Financial Plan

• Estimated project costs

• Sources and uses of funds

Projected fiscal impact to the Village, including anticipated revenue from sales tax, home rule sales tax, and places of eating tax.

Implementation Strategy

• Development timeline

• Phasing plan (if applicable)

• Operations and management approach

Community Impact

• Economic benefits

• Community engagement strategy

• Alignment with Village goals

Evaluation Criteria

Proposals will be evaluated based on:

• Quality of design and placemaking approach

• Financial feasibility and return to the Village

• Experience and qualifications of the development team

• Integration with Willow Pond Park

• Community benefit and long-term sustainability

Additional Information

The Village reserves the right to:

• Reject any or all proposals

• Request additional information

• Negotiate with one or more respondents

Site tours may be arranged upon request.

SPECIAL TERMS & CONDITIONS

1. INSURANCE

The Proposer shall be required to purchase and maintain during the life of the Agreement, the following required insurance with limits of not less than set forth below:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

Coverage on an occurrence basis that insures against claims for bodily injury (including death), property damage and personal and advertising injury arising out of or in connection with any Services under the Agreement, whether such operations or services are by the Proposer or a Sub-Proposer. The minimum limits of liability for this insurance is as follows:

a) $1,000,000 bodily injury and property damage, combined single limit each occurrence

b) $1,000,000 personal and advertising injury;

c) $2,000,000 general aggregate; and

d) $1,000,000 products/completed operations aggregate.

This insurance shall include coverage for all of the following:

a) When the following box is checked - ☐ any general aggregate limit shall apply per project;

b) Liability arising from premises and operations;

c) Liability arising from the actions of independent Proposers;

d) When the following box is checked - ☐ liability arising from the explosion, collapse and underground hazards;

e) Liability arising from products and completed operations with such coverage to be maintained for two (2) years after termination of the Agreement;

f) Contractual liability including protection for the Proposer from bodily injury (including death) and property damage claims arising out of liability assumed under any resulting Agreement; and

On all Commercial General Liability Insurance policies, the Village, its elected and appointed officials and its employees shall be named as additional insureds, on a primary and non-contributory basis. The endorsements evidencing the additional insured status required herein shall accompany the certificates of insurance furnished to the Village under this Section.

B. BUSINESS AUTO LIABILITY INSURANCE

At least $1,000,000 combined single limit each accident, covering bodily injury (including death) and property damage claims arising out of the ownership, maintenance or use of owned, non-owned, and hired autos.

C. WORKERS’ COMPENSATION INSURANCE

Statutory benefits as required by Illinois law, including Employers’ Liability Insurance with limits of at least $1,000,000 each accident/$1,000,000 each employee disease/$1,000,000 disease policy limit. The minimum employers’ liability limits may be satisfied with a combination of employers’ liability and umbrella excess liability insurance.

D. UMBRELLA EXCESS LIABILITY or EXCESS LIABILITY INSURANCE

Umbrella Excess Liability or Excess Liability insurance with minimum limits of:

a) $5,000,000 bodily injury and property damage, combined single limit - each occurrence;

b) $5,000,000 general aggregate other than products/completed operations and auto liability; and

c) $5,000,000 products/completed operations aggregate.

This insurance shall include all of the following coverages on the applicable schedule of underlying insurance

a) Commercial general liability;

b) Business auto liability; and

c) Employers’ liability, The insurance shall follow form with the coverage provisions required for underlying insurance.

If the insurance does not follow form, then the Village, its elected and appointed officials and its employees shall be named as additional insureds, on a primary and non-contributory basis. The endorsements evidencing the additional insured status required herein shall accompany the certificates of insurance furnished to the Village under this Section.

The Proposer shall not commence services under the Agreement until it has obtained, at its own expense, all required insurance and such insurance has been approved by the Village; nor shall the Proposer allow any Sub-Proposers to commence operations or services on any subcontract until all insurance required of the Sub-Proposers has been so obtained and approved by the Proposer. Approval of the Proposer’s required insurance will be granted only after submission to the Village of original certificates of insurance and any required endorsements evidencing the required insurance, signed by authorized representatives of the insurers, to the Village via e-mail to aarteaga@willowbrook.il.us.

1. The Proposer shall require all Sub-Proposers to maintain during the term of the Agreement, commercial general liability insurance, business auto liability insurance and workers’ compensation and employers’ liability insurance to the same extent required of the Proposer in 1.1., 1.2., 1.3. and 1.5. (when required) herein.