2022_Concrete_Improvement_Program.pdf

INVITATION FOR BID

2021-IFB-054

2022 CONCRETE IMPROVEMENT PROGRAM

Village of Schaumburg

Atcher Municipal Center

Schaumburg, IL 60193

RELEASE DATE: February 18, 2022

DEADLINE FOR QUESTIONS: March 1, 2022

RESPONSE DEADLINE: March 4, 2022, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/villageofschaumburg https://secure.procurenow.com/portal/%7bproject.government.code%7d

Village of Schaumburg

INVITATION FOR BID

2022 Concrete Improvement Program

I. Legal Notice II. Introduction

III. Instruction to Bidders IV. Scope of Work V. Insurance Requirements

VI. Bid Sheet(s) VII. Terms and Conditions

VIII. Supplemental Conditions - Construction Bids IX. Vendor Questionnaire

Attachments:

A - Special Provisions

B - 2022 Concrete Improvement Program Backup Documentation

Invitation for Bid #2021-IFB-054 Title: 2022 Concrete Improvement Program

1. LEGAL NOTICE

1.1. Village of Schaumburg - Invitation for Bid

The Village of Schaumburg, IL will accept electronic bids via the Village's e-Procurement Portal, ProcureNow (https://secure.procurenow.com/porta/villageofschaumburg) for 2021-IFB-054, 2022

Concrete Improvement Program.

Specifications and all Contract Documents are available via the Village’s e-Procurement Portal, ProcureNow. Prices quoted must be valid for a minimum of 90 days from the date of the bid opening.

Bids will be received until 10:00 am on Friday, March 4, 2022. All bid tabulations will be made publicly available after submission deadline.

The Village of Schaumburg reserves the right to reject any and all bids or to waive any technicalities, discrepancies, or information in the bids. The Village of Schaumburg does not discriminate in admission, access to, treatment, or employment in its programs and activities.

All questions regarding this Legal Notice and the actual bid specifications shall be submitted in writing through the ProcureNow Question/Answer Tab via the Village's e-Procurement portal, on or before, Tuesday, March 1, 2022 by 10:00 am. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the Village's e-

Procurement Portal.

Village of Schaumburg

Purchasing Division https://secure.procurenow.com/porta/villageofschaumburg

2. INTRODUCTION

2.1. Summary

The Village of Schaumburg, IL will accept sealed bids via the Village's e-Procurement Portal, ProcureNow

(https://secure.procurenow.com/porta/villageofschaumburg) for 2021-IFB-054, 2022 Concrete

Improvement Program to be received no later than Friday, March 4, 2022, 10:00 am. Bids submitted after the specified time will not be accepted.

2.2. Background

Schaumburg is the largest center of economic development in the State of Illinois, outside the City of

Chicago. In addition to the 9.5 million square feet of retail and restaurant space, the village has over 12 million square feet of office space and 13.5 million square feet of industrial space.

With a daytime population of 150,000, thousands of businesses, 30 hotels, over 200 restaurants, highly educated workforce, superb location and high quality of life, Schaumburg is 'The Place for Business’.

2.3. Contact Information

Caty Ward

Engineering Inspector

714 S. Plum Grove Rd.

Schaumburg, IL 60193

Email: cward@schaumburg.com

Phone: (847) 923-6650

Department:

Engineering and Public Works

Department Head:

Mike Hall

Department Director

2.4. Timeline

Release Project Date February 18, 2022

Question Submission Deadline March 1, 2022, 10:00am

Bid Submission Deadline March 4, 2022, 10:00am https://secure.procurenow.com/porta/villageofschaumburg mailto:cward@schaumburg.com tel:(847)923-6650

3. INSTRUCTION TO BIDDERS

3.1. Intent

The intent of this Invitation for Bid is to enable the Village of Schaumburg's Department of Engineering and Public Works to establish relationships with vendors for 2022 Concrete Improvement Program.

This Invitation to Bid is open to all vendors actively engaged in supplying goods/services as specified herein. A detailed description of each item/service request is listed in this solicitation.

3.2. Contract Documents

Any drawings, plans, standard conditions, special conditions, supplemental additional conditions, specifications, bid notice, bid sheet, and addendum, if any, as specified herein shall form the “Contract

Documents.” For the purpose of this bid, the word “Village” shall refer to the Village of Schaumburg, and the word “Bidder” shall refer to any person, company, or entity submitting a bid. Any work shown or described in one of the documents shall be construed as if described in all the documents.

3.3. Interpretation of Contract Documents

Each request for interpretation of the Contract Documents shall be made in writing through the

ProcureNow Question/Answer Tab via the District's e-Procurement portal, on or before, Tuesday, March

1, 2022 by 10:00 am. Interpretations and supplemental instructions will be electronically distributed to bidders following this solicitation on the Village’s e-Procurement Portal.

3.4. Electronic Bid Documents

Bidders intending to respond to this opportunity must create a FREE account with ProcureNow by signing up at https://secure.procurenow.com/signup. This step is necessary to establish a communication link with the Village. The Bidder, not the Village, is responsible for obtaining any addenda to the original specification. Addenda and other relevant information will be posted on the

Village’s e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this ITB. Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under their bid as submitted. All addenda so issued shall become part of the contract documents.

3.5. Withdrawal of Bid

Bids may be withdrawn through the Village's e-Procurement Portal, the responding firm may

“unsubmit” their proposal in ProcureNow. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time up to the deadline for submitting proposals prior to the bid opening. Bidders may withdraw or cancel their bid, in written form, at any time prior to the advertised bid opening time.

3.6. Bidder’s Qualifications

No award will be made to any Bidder who cannot satisfy to the Village that they have sufficient ability and experience in this class of work, as well as sufficient capital and equipment to do the job and complete the work successfully within the time named (i.e. responsible). The Village’s decision or judgment on these matters shall be final, conclusive, and binding. The Village may make such investigations as it deems necessary. The Bidder shall furnish to the Village, under oath if so required, all information and data the Village may request for the purpose of investigation.

3.7. Preparation of Bid

The Bidder’s submittal shall include all required Documents and any further specified documentation as pertaining to this solicitation. The Village will strictly hold the Bidder to the terms of the bid. The bid must be executed by a person having the legal right and authority to bind the Bidder.

4. SCOPE OF WORK

4.1. Scope of Work

The Bidder shall supply all required supervision, skilled labor, transportation, new materials, apparatus, and tools necessary for the entire and proper completion of the work. The Bidder shall supply, maintain, and remove all equipment for the performance of the work and be responsible for the safe, proper, and lawful construction, maintenance, and use of the same. This work shall be completed to the satisfaction of the Village. The Bidder shall provide adequate protection of the job site to protect the general public from any injury as a result of the job. The Bidder shall provide all safeguards and suitable barricades to protect public and adjacent property. The Village is not responsible for site safety. The Bidder is solely and exclusively responsible for construction means, methods, technologies, and site safety.

4.2. Licensing and Permits

The successful Bidder and their subcontractor(s) must be licensed with the Village and shall obtain all required building permits prior to the start of any work. The Village will waive applicable Village permit fees for the specific contract. Permit application forms may be obtained from the Community

Development Department and license application forms may be obtained from the Finance Department.

5. INSURANCE REQUIREMENTS

5.1. Insurance

The Bidder will provide certificates of insurance evidencing the following types and limits of insurance.

The certificates of insurance will specifically address each of the requirements noted below. Each insurance company shall be acceptable to the Village. The General Liability coverage shall name the

Village of Schaumburg as additional insured. All insurance noted below is primary and in no event will be considered contributory to any insurance purchased by the Village. All insurance noted below will not be canceled, reduced, or materially changed without providing the Village thirty (30) days advance notice, via certified mail.

The Bidder will provide written Proof of Endorsement, with the General Liability policy number on the endorsement.

A. Comprehensive General Liability including Products Liability/Completed Operations insurance, in an amount not less than $1,000,000/occurrence, $2,000,000/policy limit, including Broad Form

Contractual Liability insurance, in an amount not less than $1,000,000/occurrence, $2,000,000/policy limit, subject to the terms and conditions of the policy. A copy of the policy may be required.

B. Automobile Liability insurance, in an amount not less than $1,000,000 combined single limit.

Said insurance is to be extended to cover hired and non-owned vehicles.

C. Umbrella or Excess Liability coverage, the Contractor shall provide evidence of Umbrella or

Excess Liability coverage of $2,000,000.

D. Workers’ Compensation is to be provided as required by statute, by an insurance company licensed to write worker’s compensation in the State of Illinois. Employer’s Liability, in an amount not less than $500,000 each accident, $500,000 disease – policy limit, and $500,000 disease – each employee.

E. Insurance Rating – All insurance policies required by this contract shall be underwritten by insurance companies with a minimum A. M. Best rating of A:VII.

F. A certificate of insurance is required as evidence of coverage, with the Village of Schaumburg named as an additional insured. The certificate will include an “Additional Insured

Endorsement”. The same full insurance coverage provided to the named insured, whether it is the contractor or a sub-contractor, shall be provided to the Village without any limitations or endorsements that might limit or exclude coverage. If insurance is canceled for any reason whatsoever the Village will be given not less than thirty (30) days prior written notice.

Any and all deductibles or other forms of retention are the responsibility of the Contractor. All deductibles or other forms of retention are subject to the approval of the Village. Contractor will disclose to the Village in writing the amounts of any deductible or self-insured retentions on the insurance required under this contract.

Contractor waives any right of subrogation it may have or later acquire against the Village.

The Bidder shall not commence work under this contract until they have obtained all insurance required under this section and such insurance has been approved by the Village, nor shall Bidder allow any subcontractor to commence work on their subcontract until the same insurance has been obtained by the subcontractor. The Bidder and their subcontractor(s) shall maintain all insurance required under paragraphs A through D of this Section for not less than one (1) year after completion of this contract.

6. BID SHEET(S)

NOTICE TO BIDDERS: Failure to complete the following Bid Sheet(s) may be cause for rejection of your submittal. If you are not bidding on an entire group, please provide $0.00 as the cost for such items.

NOTE: Unit prices shall include the cost of delivery (if applicable).

2022 CURB REPLACEMENT PROGRAM

Line Item Description Quantity Unit of

Measure Unit Cost Total

42300100 PORTLAND CEMENT CONCRETE

DRIVEWAY PAVEMENT, 5 INCH

720 SQ YD

42300400 PORTLAND CEMENT CONCRETE

DRIVEWAY PAVEMENT, 8 INCH

110 SQ YD

42400200 PORTLAND CEMENT CONCRETE

SIDEWALK, 5 INCH

11,260 SQ FT

42400800 DETECTABLE WARNINGS 120 SQ FT

44000200 DRIVEWAY PAVEMENT REMOVAL 1,210 SQ YD

44000500 COMBINATION CURB AND GUTTER

REMOVAL

3,630 FOOT

44000600 SIDEWALK REMOVAL 11,260 SQ FT

44201721 CLASS D PATCHES, TYPE III, 3"-6" 130 SQ YD

44201723 CLASS D PATCHES, TYPE IV, 3"-6" 1,600 SQ YD

60108100 PIPE UNDERDRAINS, 4" (SPECIAL) 100 FOOT

60300105 FRAMES AND GRATES TO BE ADJUSTED 5 EACH

60603800 COMBINATION CONCRETE CURB AND

GUTTER, TYPE B-6.12

350 FOOT

60605900 COMBINATION CONCRETE CURB AND

GUTTER, TYPE B-9.12

80 FOOT

70101700 TRAFFIC CONTROL AND PROTECTION 1 L SUM

Line Item Description Quantity Unit of

Measure Unit Cost Total

VS251000 SEDIMENT CONTROL, DRAINAGE

STRUCTURE, INLET FILTER

10 EACH

VS252001 SODDING 3,350 SQ YD

20101700 SUPPLEMENTAL WATERING 10 UNIT

VS406002 HOT-MIX ASPHALT DRIVEWAY

PAVEMENT, 3 INCH

380 SQ YD

VS606001 COMBINATION CONCRETE CURB AND

GUTTER, TYPE M-3.12

3,200 FOOT

550A0050 STORM SEWERS, CLASS A, TYPE 1, 12" 100 FOOT

60234200 INLETS, TYPE A, TYPE 1 FRAME, OPEN

LID

1 EACH

60236100 INLETS, TYPE A, TYPE 6 FRAME AND

GRATE

1 EACH

VS602361 INLETS, TYPE A, TYPE 6 FRAME AND

GRATE, SPECIAL

1 EACH

60236800 INLETS, TYPE A, TYPE 11 FRAME AND

GRATE

1 EACH

TOTAL

2022 PUBLIC WORKS UTILITY DIG-UP PROGRAM

Measure Unit Cost Total

VOS00007 PORTLAND CEMENT CONCRETE

PAVEMENT, 10 INCH (HIGH EARLY

STRENGTH)

90 SQ YD

42300100 PORTLAND CEMENT CONCRETE

DRIVEWAY PAVEMENT, 5 INCH

490 SQ YD

Unit Cost Total

42300100 PORTLAND CEMENT CONCRETE

DRIVEWAY PAVEMENT, 8 INCH

40 SQ YD

42400200 PORTLAND CEMENT CONCRETE

SIDEWALK, 5 INCH

3,600 SQ FT

42400800 DETECTABLE WARNINGS 100 SQ FT

44000200 DRIVEWAY PAVEMENT REMOVAL 730 SQ YD

44000500 COMBINATION CURB AND GUTTER

REMOVAL

1,800 FOOT

44000600 SIDEWALK REMOVAL 3,600 SQ FT

44201721 CLASS D PATCHES, TYPE III, 3"-6" 530 SQ YD

44201723 CLASS D PATCHES, TYPE IV, 3"-6" 580 SQ YD

60300105 FRAMES AND GRATES TO BE ADJUSTED 5 EACH

60603800 COMBINATION CONCRETE CURB AND

GUTTER, TYPE B-6.12

530 FOOT

60604400 COMBINATION CONCRETE CURB AND

GUTTER, TYPE B-6.18

110 FOOT

60605000 COMBINATION CONCRETE CURB AND

GUTTER, TYPE B-6.24

110 FOOT

70101700 TRAFFIC CONTROL AND PROTECTION 1 L SUM

VS406002 HOT-MIX ASPHALT DRIVEWAY

PAVEMENT, 3 INCH

110 SQ YD

VS606001 COMBINATION CONCRETE CURB AND

GUTTER, TYPE M-3.12

1,050 FOOT

VS602003 CONCRETE COLLAR FOR STRUCTURE

ADJUSTMENTS

40 EACH

78001110 PAINT PAVEMENT MARKING - LINE 4" 40 FOOT

Unit Cost Total

78001130 PAINT PAVEMENT MARKING - LINE 6" 40 FOOT

78001180 PAINT PAVEMENT MARKING - LINE 24" 30 FOOT

78010000 EPOXY PAVEMENT MARKING - LINE 4" 40 FOOT

2022 SIDEWALK REPLACEMENT PROGRAM

Measure Unit Cost Total

42300100 PORTLAND CEMENT CONCRETE

DRIVEWAY PAVEMENT, 5 INCH

730 SQ YD

42300400 PORTLAND CEMENT CONCRETE

DRIVEWAY PAVEMENT, 8 INCH

40 SQ YD

42400200 PORTLAND CEMENT CONCRETE

SIDEWALK, 5 INCH

25,200 SQ FT

42400800 DETECTABLE WARNINGS 100 SQ FT

44000200 DRIVEWAY PAVEMENT REMOVAL 1,100 SQ YD

44000500 COMBINATION CURB AND GUTTER

REMOVAL

1,200 FOOT

44000600 SIDEWALK REMOVAL 25,200 SQ FT

44201721 CLASS D PATCHES, TYPE III, 3"-6" 90 SQ YD

44201723 CLASS D PATCHES, TYPE IV, 3"-6" 480 SQ YD

60300105 FRAMES AND GRATES TO BE ADJUSTED 5 EACH

60603800 COMBINATION CONCRETE CURB AND

GUTTER, TYPE B-6.12

100 FOOT

70101700 TRAFFIC CONTROL AND PROTECTION 1 L SUM

Unit Cost Total

VS252001 SODDING 3,800 SQ YD

VS406002 HOT-MIX ASPHALT DRIVEWAY

PAVEMENT, 3 INCH

330 SQ YD

VS440008 REMOVE AND REPLACE PAVER FIELD 600 SQ FT

VS606001 COMBINATION CONCRETE CURB AND

GUTTER, TYPE M-3.12

1,100 FOOT

VOS00010 TOPSOIL 30 CU YD

2022 TOWN SQUARE CONCRETE REPAIRS

Measure Unit Cost Total

70101700 TRAFFIC CONTROL AND PROTECTION 1 L SUM

VS252001 SODDING 32 SQ YD

20101700 SUPPLEMENTAL WATERING 3 UNIT

VS424002 PORTLAND CEMENT CONCRETE

SIDEWALK, 5" (SPECIAL)

600 SQ FT

VS440006 SIDEWALK REMOVAL (SPECIAL) 600 SQ FT

VS000003 PORTLAND CEMENT CONCRETE STEPS 1 L SUM

7. TERMS AND CONDITIONS

7.1. Terms of Contract

The initial term of this contract shall be for one (1) year to begin on award, subject, however, to the right of the Village to cancel and terminate the same at any time by giving a thirty (30) day notice in writing to the contractor. The Village invokes the right to cancel the contract for poor performance, and/or for other issues that the Village deems unacceptable or below the standard specified in the contract. In the event of such cancellation, the Contractor shall be entitled to receive payment for services and work performed, and materials, supplies, and equipment furnished under the terms of the contract prior to the effective date of such cancellation, but will not be entitled to receive any damages on account of such or any further payment whatsoever. Upon normal expiration of the contract, the

Contractor shall continue, at the sole option of the Village, to provide services on a month by month basis, under the same terms and conditions, for a period not to exceed four (4) months.

This contract may be renewed for three (3), one (1) year optional extensions. The optional years will automatically renew providing the Village of Schaumburg has not notified the vendor by written notice, not less than ninety (90) days prior to the contract expiration date, of the Village’s intent to re-solicit new bids.

A one-time economic adjustment for labor, material, and equipment costs may be negotiated for each one year extension to the contract after the initial one year contract period. This economic adjustment may not exceed the published local Consumer Price Index (CPI) for the previous twelve month period.

The contracted vendor shall be responsible for notifying the Village (by written notice) of any requested increase not less than ninety (90) days prior to expiration of the contract year.

This contract places no obligation on the Village to appropriate funds for this service beyond the initial fiscal year term of the contract and is dependent upon sufficient funds being appropriated each fiscal year by the Village for this work.

7.2. Compliance with Laws

The Bidder shall at all times observe and conform to all laws, ordinances, and regulations of the Federal, State, and local governments, which may in any manner affect the preparation of bids or the performance of the contract.

7.3. Freedom of Information Act (FOIA)

The Village is required by Public Act 96-542 to comply with freedom of information requests (FOIA) within five (5) business days of a record request. All contractors used by the Village may be in possession of records covered by this act and therefore will be required to provide the Village with those records upon request and within the time frame of the Act.

7.4. Confidentiality

As a public agency, the Village is required to adhere to Freedom of Information Public Act 96-542. If a responding firm intends to request confidentiality on any portion of a bid, the submittal shall also include a redacted copy of the bid. Limited redactions will be considered. However, entire full redaction of bid submittals will not be considered for award. If a redacted copy is not provided, the original submittal may be released by the Village as received.

7.5. Bid Review

The Village reserves the right to reject any or all bids and/or to waive any irregularities or disregard any informality in the bids and bidding when, in its opinion, the best interest of the Village will be served by such action. Furthermore, the Village reserves the right to award each item to a different Bidder, or all items to a single Bidder unless otherwise noted on in this solicitation. The Village may determine as follows: 1) an equal or alternative is a satisfactory substitute; 2) an early delivery date is entitled to more consideration than price; 3) an early delivery date is to be disregarded because of the reputation of the

Bidder for not meeting delivery dates; 4) a Bidder is not a responsible Bidder; and 5) what exceptions or deviations from written specifications will be accepted.

No bid will be accepted from or contract awarded to any person, firm, or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village, or had failed to perform faithfully any previous contract with the Village.

7.6. Form of Contract

The form of contract between the Village and the successful Bidder will be a purchase order referencing the bid specification, the bid submitted by the successful Bidder, and the resulting purchasing order.

7.7. Bid Results

Following the bid opening, bid tabulations will be posted on the Village’s e-Procurement Portal. Bid tabulations posted on-line represent “as read” submittals at time of the bid opening. They do not represent contract award. Final awards will be posted when approved.

7.8. Delivery

Where applicable, all materials shipped to the Village must be shipped F.O.B. delivered, designated location, Schaumburg, Illinois. If the delivery is made by truck, arrangements must be made in advance by the Bidder, with concurrence by the Village, for receipt of the materials. The materials must be delivered where directed. Truck deliveries will be accepted at the Public Works Facility between 7:00 a.m. and 3:30 p.m. and at all other Village locations 8:00 a.m. and 4:00 p.m., weekdays only.

NOTE: The Public Works Facility does have a raised loading dock. All other Village locations do not have access to a raised loading dock. Deliveries requiring removal from the delivery truck via a forklift provided by the Village must be arranged with the Village twenty-four (24) hours in advance of the expected delivery date.

7.9. Inspections

The Village shall have the right to inspect any materials, components, equipment, supplies, services, or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the Village. Any items rejected shall be removed from the premises of the

Village and/or replaced at the entire expense of the successful Bidder.

7.10. Prevailing Wage

Not less than the Prevailing Wages as found by the Illinois Department of Labor (IDOL) or determined by the court on review shall be paid to laborers, workmen, and mechanics performing work under this contract. Current standards are available on the Illinois Department of Labor website at www.state.il.us/agency/idol/ (820 ILCS 130/1 et. seq.) (Wages of employees on Public Works –

Prevailing Wage Act, Illinois Revised Statutes, Chapter 48, Section 39S-1 et seq.) Contractors are responsible for paying prevailing wage, when required, based on the most current IDOL standards, throughout the term of the contract.

In 2018, the Illinois General Assembly passed legislation to make changes to the certified payroll portion of the Prevailing Wage Act. When Governor Pritzker took office in 2019, SB 203 was signed into law (PA

100-1177). Prior to the law, certified payrolls were submitted to the local or state public body funding the project. Under the new law, the Illinois Department of Labor is charged with developing and maintaining an online portal where all prevailing wage construction contractors file their certified payrolls with the department, otherwise known as Certified Transcript of Payroll portal.

820 ILCS 265/15 requires the successful contractor, before work commences, to file with the Public Body certification that they have a substance-abuse program and provide drug testing.

7.11. Payment

Payment shall be made within 30 days of invoice receipt and approval, unless otherwise specified in the agreed upon contract. All invoices must include the PO number associated with the order and shall be submitted to the Village of Schaumburg, Accounts Payable Division, 101 Schaumburg Court, Schaumburg, IL 60193. If prevailing wage is a requirement of the contract, the invoice must include IDOL filing certificate and waivers. Failure to submit all documentation as specified may result in delay of invoice payment.

7.12. Period of Unemployment

Public Act 30 ILCS 570 Employment of Illinois Workers on Public Works Act must be adhered to in entirety by the awarded contractor. This act requires the use of Illinois workers on Public Works projects during periods of excess unemployment, which means any month immediately following 2 consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded 5% as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures. Due to the COVID-19 pandemic, this provision is currently applicable.

7.13. Toxic Substance

Prior to delivery of any material which is caustic, corrosive, flammable, or dangerous to handle, the supplier will provide written directions as to methods of handling such products, as well as the antidote or neutralizing material required for its first aid. (Materials Safety Data Sheet).

7.14. Guarantees and Warranties

All guarantees and warranties required shall be furnished by the Bidder and shall be delivered to the

Village before final payment on the contract is issued.

7.15. Termination of Contract

The Village reserves the right to terminate in whole or any part of this contract, upon written notice to the Bidder, in the event of default by the Bidder. Default is defined as failure of the Bidder to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event of default and termination, the

Village may procure, upon such terms and in such a manner as the Village may deem appropriate, supplies, or services similar to those terminated. The Bidder shall be liable for any excess costs for such similar supplies or service unless evidence is submitted to the Village that, in the sole opinion of the

Village, clearly proves that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Bidder.

8. SUPPLEMENTAL CONDITIONS - CONSTRUCTION BIDS

8.1. Examination of Premises, Measurements, and Elevations

The Bidder shall verify all measurements relative to the work, shall be responsible for the correctness of same. The Bidder will examine the site and the premises and satisfy themselves as to the existing conditions under which the Bidder will be obligated to operate. Failure of the Bidder to notify the

Village, in writing, of any condition(s) or measurement(s) making it impossible to carry out the work as shown and specified, will be construed as meaning no such conditions exist and no additional moneys will be added to the contract. The successful Bidder must notify all utility companies that are a part of

J.U.L.I.E. of the responsibility of each utility company to locate its utilities. The Village will not accept any liability or pay any additional costs in the event any unknown utilities are uncovered which may result in the redesign, delay, or need for additional equipment on the job site.

No claim whatsoever will be allowed to any contract for changes, extra work, or material, not included in the Bidder’s original bid, or for a greater amount of money than the contract states is to be paid, for any reason, including, but not limited to subsurface or latent physical conditions, or unknown physical conditions at the site. The Bidder is responsible for making a full examination of the site of the proposed work, and bid documents, specifications, general conditions, plans, special provisions, and contract forms before submitting their bid. The Bidder is responsible for fully informing themselves as to the quality and quantity of materials required, and the character of the work to be performed.

8.2. Change Orders

After the contract award, changes in or additions to the work and/or a change in the amount of money to be paid to the Bidder must be the result of an approved change order first ordered by the Director of the lead department and approved by the Village Manager and/or the Village Board.

50 ILCS 525/5 require the successful contractor verify any change order request you receive from a subcontractor will not exceed 49% of your original subcontract amount. Any needed change order that will increase the subcontract by 50% or more will require your opening up that portion of the work to competitive bidding.

8.3. Failure to Execute

Failure to execute the contract shall, at the option of the Village, constitute a breach of the agreement made by acceptance of the bid, and the Village shall be entitled to forfeiture of the certified check, bank draft, or Bid Bond accompanying the bid that is required, not as a penalty, but as liquidated damages. In the event of failure of a Bidder to whom an award of contract has been made, to execute the contract and furnish a Performance Bond within ten (10) days after notification of award, such award may be nullified and an award may be made to the next lowest responsive and responsible Bidder approved by the Village.

8.4. Bid Security

Each bid shall be accompanied by a bid security in the amount of 10% of the total amount bid. Bid security shall be in the form of a certified check or cashier’s check, drawn on a responsible bank doing business in the United States and made payable to the Village of Schaumburg, or a Bid Bond by a surety company which is satisfactory to the Village and is qualified to do business in Illinois.

Electronic copies are acceptable for submission, with the original being submitted no later than Friday, March 4, 2022, 10:00 am to:

Village of Schaumburg

Purchasing Division

Atcher Municipal Center

101 Schaumburg Ct

Schaumburg, IL 60193

Electronically produced bid security, with digital signature and notary stamp, will be acceptable. Bids not accompanied by a bid security will be rejected. The bid security of the unsuccessful Bidders (if in the form of a certified check or cashier’s check) will be returned after the contract is awarded, or earlier, if the Village does not deem it necessary to retain the Bid Security. The bid security of the accepted

Bidder, (if in the form of a certified check or cashier’s check) will be returned either upon execution of a contract and submittal of a performance bond, if required by the specifications, or where no performance bond is required, when, in the Village’s estimation, the contract has been satisfactorily completed. When the bid security is submitted in the form of a bid bond, the bond will become null and void following the award of contract and the Village’s receipt of the Performance Bond, if required by the specifications. Should the Bidder fail to fulfill the contract as set forth, the bid security shall become payable to the Village as liquidated damages.

8.5. Performance Security

The successful Bidder shall furnish as performance security a Performance Bond acceptable to the

Village prior to the start of any work. The bond shall be in the sum of 100% of the contract amount. The performance bond shall: 1) serve as security for faithful performance of the work; and 2) guarantee the work against defective workmanship and material for a period of not less than one (1) year following acceptance of the work. For contract awards that are less than $100,000.00, a Letter of Credit, in a form suitable to the Village, may be submitted as performance security, instead of a Performance Bond.

8.6. Waiver of Lien

Where applicable, a Waiver of Lien and Contractor’s Affidavit must be submitted by the Bidder, verifying that all subcontractors and material invoices have been paid prior to the Village approving final payment.

9. VENDOR QUESTIONNAIRE

9.1. Authorized Person(s)*

Please provide the following information for each person(s) authorized to submit a response on behalf of your organization:

Name

Title

Phone Number

Email Address

*Response required

9.2. Equal Employment Opportunity Clause*

EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Fair Employment Practices

Commission as a material term of all public contracts.

During the performance of this contract, the contractor agrees as follows:

A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or ancestry; and further, that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such under utilization.

B. That, if it hires additional employees in order to perform this contract, or any portion hereof, it will determine the availability (in accordance with the Commission’s Rules and Regulations for

Public Contracts) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized.

C. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin, or ancestry.

D. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor’s obligations under the Illinois Fair

Employment Practices Act and the Commission's Rules and Regulations for Public Contracts. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules and Regulations the contractor will promptly so notify the Illinois Fair Employment Practices Commission and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations there under.

E. That it will submit reports as required by the Illinois Fair Employment Practices Commission’s

Rules and Regulations for Public Contracts, furnish all relevant information as may from time to time be requested by the Commission or the contracting agency, and in all respects comply with the Illinois Fair Employment Practices Act and the Commission’s Rules and Regulations for Public

Contracts.

F. That it will permit access to all relevant books, records, accounts, and work sites by personnel of the contracting agency and the Illinois Fair Employment Practices Commission for purposes of investigation to ascertain compliance with the Illinois Fair Employment Practices Act and the

Commission’s Rules and Regulations for Public Contracts.

G. That it will include verbatim or by reference the provisions of paragraphs 1 through 7 of this clause in every performance subcontract as defined in Section 2.10 (b) of the Commission's

Rules and Regulations for Public Contracts so that such provision will be binding upon every such subcontractor; and that it will also include the provisions of paragraphs 1,5, 6, and 7 in every supply subcontract as defined in Section 2.10(a) of the Commission’s Rules and

Regulations for Public Contracts so that such provisions will be binding upon every such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by all its subcontractors; and further it will promptly notify the contracting agency and the Illinois Fair Employment Practices

Commission in the event any subcontractor fails or refuses to comply therewith. In addition, no contractor will utilize any subcontractor declared by the Commission to be non-responsible and therefore ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.

The Village of Schaumburg does not discriminate on the basis of disability status in admission or access to, or treatment or employment in, its programs and activities.

☐ Please confirm

*Response required

9.3. Bid Security *

Each bid shall be accompanied by a certified cashier’s check, or bid bond, in the amount of ten percent

(10%) of the total bid price, payable to Village of Schaumburg, Illinois, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Agreement.

Please upload a copy of your bid bond/cashier's check. Bidder must also submit an original copy of the bid guarantee to be received no later than Friday, March 4, 2022 addressed to:

Village of Schaumburg

Purchasing Division

Dhruv Patel

Atcher Municipal Center

101 Schaumburg Ct

Schaumburg, IL 60193

Please have the Bidder Name, Contract Title ("2022 Concrete Improvement Program"), and Contract

Number ("2021-IFB-054") listed clearly on the outside of the envelope.

*Response required

9.4. Performance Security*

The successful Bidder shall furnish as performance security a Performance Bond acceptable to the

Village prior to the start of any work. Each of the bonds shall be in the sum of 100% of the contract amount. The performance bond shall: 1) serve as security for faithful performance of the work; and 2) guarantee the work against defective workmanship and material for a period of not less than one (1) year following acceptance of the work. For contract awards that are less than $100,000.00, a Letter of

Credit, in a form suitable to the Village, may be submitted as performance security, instead of a

Performance Bond.

☐ Please confirm

*Response required

9.5. Bid Sheet*

By submitting a response to this solicitation, the authorized person(s), confirms having examined the specifications and all conditions affecting the specified project, offer to furnish all services, labor, and incidentals specified for the price as provided with their response.

The Bidder certifies that they are not barred from bidding on this contract as a result of a conviction for the violation of state laws prohibiting bid rigging or bid rotating, (720ILCS 5/33E-1, et seq.) and is not delinquent in any taxes to the Illinois Department of Revenue. (65ILCS 5/11-42.1-1)

It is understood that the Village reserves the right to reject any and all bids and to waive any irregularities and that the prices contained herein will remain valid for a period of not less than sixty (60) days.

The bidder proposes to complete the following project as more fully described in the specifications for the following: in this solicitation document.

☐ Please confirm

*Response required

9.6. Subcontractor Utilization*

If it is the Contractor’s intention to utilize a subcontractor(s) to fulfill the requirements of this contract, the Village must be advised of the subcontractor’s company name, address, telephone and fax numbers, and a contact person’s name at the time of bid submittal.

☐ Please confirm

*Response required

9.7. Subcontractor*

Will you be utilizing a subcontractor?

☐ Yes

☐ No

*Response required

9.8. Subcontractor Information*

Please provide the following information for each subcontractor that will be utilized on this project:

Subcontractor's Company Name

Address

Telephone

Email Address

Contact Person's Name at the time of Bid Submittal

If no subcontractor will be utilized, please type "N/A".

*Response required

9.9. Indemnification*

The Bidder hereby agrees to protect, defend, indemnify, and save harmless the Village against loss, damage, or expense from any suit, claim, demand, judgment, cause of action, or shortage initiated by any person whatsoever, arising or alleged to have arisen out of work described herein, except that in no instance shall the Bidder be held responsible for any liability, claim, demand, or cause of action attributable solely to the negligence of the Village.

☐ Please confirm

*Response required

9.10. Not Barred by Law*

By submitting a response to this solicitation, the bidder hereby certifies that the item(s) proposed is/are in accordance with the specifications as noted and that the prices quoted are not subject to change; and that on behalf of the organization, is not barred by law from submitting a bid to the Village for the project contemplated herein because of a conviction for prior violations of either Illinois Compiled

Statutes, 720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating).

☐ Please confirm

*Response required

9.11. Not Delinquent in Payment*

By submitting a response to this solicitation, the bidder hereby certifies that the item(s) proposed is/are in accordance with the specifications as noted and that the prices quoted are not subject to change; and that on behalf of the organization, is not delinquent in payment of any taxes to the Illinois Department of Revenue in accordance with 65 ILCS 5/11-42.1.

☐ Please confirm

*Response required

9.12. Drug-Free Workplace*

By submitting a response to this solicitation, the bidder hereby certifies that the item(s) proposed is/are in accordance with the specifications as noted and that the prices quoted are not subject to change; and that on behalf of the organization, provides a drug free workplace pursuant 30 ILCS 580/1, et seq.

☐ Please confirm

*Response required

9.13. Substance-Abuse Program*

By submitting a response to this solicitation, the bidder hereby certifies that the item(s) proposed is/are in accordance with the specifications as noted and that the prices quoted are not subject to change; and that on behalf of the organization, certifies they have a substance-abuse program and provide drug testing in accordance with 820 ILCS 265/1 et. seq., Public Act 095-0635

☐ Please confirm

*Response required

9.14. Illinois Human Rights Act*

By submitting a response to this solicitation, the bidder hereby certifies that the item(s) proposed is/are in accordance with the specifications as noted and that the prices quoted are not subject to change; and that on behalf of the organization, is in compliance with the Illinois Human Rights Act 775 ILCS 5/1.101, et seq. including establishment and maintenance of sexual harassment policies and program.

☐ Please confirm

*Response required

9.15. Detail Exceptions Sheet*

Any exceptions must be clearly noted on the Detail Exceptions Sheet(s). Failure to do so may be reason for rejection of the bid. It is not our intention to prohibit any potential Bidder from bidding by virtue of the specifications, but to describe the material and services actually required. The Village reserves the right to accept or reject any or all exceptions.

DETAIL EXCEPTIONS SHEET MUST BE SUBMITTED WITH THE BID RESPONSE.

Please download the below documents, complete, and upload.

• Detail_Exceptions_Sheet.pdf https://government-project.s3.us-west-2.amazonaws.com/7998/765d8853-9d7d-4d01-b4d9-dda54159cee8_Detail_Exceptions_Sheet.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1645272001&Signature=LxI9e8wSYGsaWo99QiMj6dlERdc%3D&response-content-disposition=attachment%3B%20filename%3D%22Detail_Exceptions_Sheet.pdf%22

9.16. Provide 3 Municipal Government References*

Project Name: _______________________

Year Completed: _____________________

Location and Agency: _________________

Contact Person Name and Number: _____

9.17. Upload any additional project docs (not required)