24-0168R OasesFoodServiceReDevelopment-OperationsRebid.pdf

State of Illinois RFP 1 V.26.2

ILLINOIS TOLLWAY

REQUEST FOR PROPOSAL

24-0168R Food Service Oases Re-Development & Operations

27-557THA-PROCU-B-53211

Section A. SCOPE OF WORK

A.1. OVERVIEW AND PURPOSE

The Illinois Tollway (referred to as “State”) is seeking proposals (“Proposals”) from experienced and qualified firms to redevelop, operate and maintain (i.e. construct, and finance) the food/beverage and related service operations (“Food Services”) at the Oases located on the Illinois Tollway.

The Illinois Tollway seeks to identify and select a qualified offeror (“Offeror”) that will have the exclusive right to lease, redevelop and/or operate (“Operator”) Food Services at Illinois Tollway Oases locations, including:

Oasis Food Services Facilities are:

Lincoln Oasis – I-294 Milepost 0.75 Lake Forest Oasis – I-94 Milepost 18.0 Belvidere Oasis – I-90 Milepost 24.0 DeKalb Oasis – I-88 Milepost 93.25

It is anticipated that the selected Offeror will renovate and optimize the use of the Illinois Tollway’s Oases, including all common areas, food/beverage amenities and related services operations, while providing modern, safe and clean amenities to Illinois Tollway customers.

Offeror is required to submit a proposal and pricing for all Oases Food Services locations in a single proposal in Bidbuy. The Tollway reserves the right to award all four locations to one Vendor or no Vendor based on this

RFP.

An award may be made to the responsive and responsible Offeror whose offer best meets the specified criteria as a result of this RFP.

The goals of this RFP include the following:

• Provide a clean, friendly and safe environment for Illinois Tollway customers;

• Offer food, beverage and customer service options that will include a variety of high-quality local, regional and nationally known food offerings together with other services appropriate for customers traveling along the Illinois Tollway;

• Attract substantial capital investment thereby allowing the successful Offeror to significantly improve the quality and utilization of the Oases Food Services areas; and

Provide a revenue stream to the Illinois Tollway.

A.2. DESIRED OUTCOMES OF THIS PROJECT/ENGAGEMENT

Offeror may be a single entity or a team; however, the selected Offeror will enter into the Lease Agreement and serve as the sole point of contact for the Illinois Tollway and bear responsibility for providing all services (“Contract Services”) required under the Lease Agreement (“Agreement”). A single Lease Agreement will

State of Illinois RFP 2 encompass all Oases Food Service locations. Offeror shall propose to provide all Contract Services described in this RFP. The Illinois Tollway will not accept proposals that do not include all required Contract Services.

The selected Offeror will have the exclusive right to negotiate and enter into a twenty-five (25) year Lease Agreement (see 30 ILCS 500/53-30) to redevelop and/or operate Food Service at all Oases as identified, subject to the Illinois Tollway’s approval and acceptance. Proposed plans and concepts to renovate Food Services and common areas must be compatible with the Illinois Tollway’s core mission of providing and promoting a safe and efficient system of toll highways while ensuring the highest level of customer service. Food Services and common areas at each location are required to be open for operations on a 24/7/365 basis.

The successful Offeror shall be responsible for redeveloping, equipping and maintaining complete and modern facilities at all Oases. The facilities shall comply with all current federal, state and local statutes, regulations and codes, and they shall satisfy or exceed the standards and capacity of similar facilities under similar circumstances.

Relative to all Oases, the selected Offeror shall collocate a minimum of two (2) Level 3 EV charging stations per location, per direction of travel within one (1) year of inception of the Agreement.

The selected Offeror is not permitted to sell alcohol, cannabis or adult themed materials at any Oasis.

The Offeror is not permitted to offer video gaming at any Oasis. Illinois Lottery ticket sales are permitted at all Oases locations, subject to Illinois Tollway and Illinois Lottery approval.

The selected Offeror shall provide:

• Restoration of the building systems to a condition with an expected life span of thirty (30) years

• No more than two (2) locations may undergo remodeling simultaneously

• Aesthetic updating of all common areas at each location

• 24/7/365 building operations, including public restroom access, and

• Full remodeling of all restroom facilities at each location within two (2) years of the effective date of the Agreement.

o The Operator shall provide, without limitation, all new wall and floor materials as well as new toilet partitions and fixtures that are attractive, durable and easily cleaned. Consideration shall be given to the aesthetic appearance, slip resistance and durability of all materials, all of which should be fit for the intended purpose;

o Restrooms shall be configured to allow for thorough and complete cleaning without impacting customers’ use of the restrooms during the cleaning process.

o Upgrades shall be compliant with code/regulations for green building/water conservation requirements, including touchless flush meters and faucets.

o Hand dryers and/or paper towel dispensers and soap dispensers shall be touchless;

o Each location shall have a minimum of two accessible single unisex or “Family Assist” restrooms with baby changing stations and manual flush toilets;

o Restrooms shall be completely refurbished every eight (8) to ten (10) years or at the Illinois

Tollway’s direction; and o Each location shall provide two (2) water fountains with a touchless bottle filler.

• Use of the parking, seating, restroom and/or water fountain is not, and shall not be made contingent on the purchase of food or beverages.

• At minimum, modernization of all common areas at each location within two (2) years of the effective date of the Agreement. Modernization shall include but not be limited to:

State of Illinois RFP 3 o Common area dining tables and seating to accommodate sixty (60) patrons;

o Two (2) common area lounge seating sections, each accommodating eight (8) patrons; and o Furniture in the common areas should be designed for heavy use. Fixed or movable tables and seating, benches, couches, and other elements that complement the facility design and program concepts are acceptable. All components and surfaces of the furniture must be easily cleanable (vinyl, metal, plastic, sealed wood, other similar materials.)

• At least one (1) Automated Teller Machine (“ATM”) must be located at each Oasis.

• Operator shall provide an Automatic External Defibrillator (“A.E.D.”) at each Oasis. It is the responsibility of the Operator to train or cause its personnel to be trained on the use, maintenance, upkeep, and related responsibilities of and relative to the A.E.D.s.

• Each Oasis shall be technologically advanced with respect to current technology and reasonably anticipated future technologies. Technological features shall be state-of-the-art and must include, but not be limited to, free access to electrical outlets for customer charging of electronic devices and Illinois Tollway messaging, including weather and traffic conditions and road construction updates, etc.

• Operator shall be responsible for maintenance of all walkways and parking areas, including truck parking areas, in the area subject to the Lease Agreement.

• Operator shall bear full responsibility for maintenance of all restrooms and common areas, which shall include pest and rodent remediation.

The Illinois Tollway reserves the right to establish a customer service location at each Oasis for the distribution of I-Pass sticker tags and to handle customer service inquiries, etc.

BUILDING SERVICES

Each location shall accommodate the following required building services and be performed by the Operator:

• Routine Maintenance – Provide ongoing maintenance of all structures, building systems and parking areas, which shall include pest and rodent remediation.

• Winter Weather – Provide for the removal of snow and ice from all property subject to the Lease

Agreement.

• Truck Loading/Unloading - Provide access for deliveries via an oversized man-door. A loading dock is not required. The preferred location should avoid identifying a restaurant building elevation as the back door. The building design shall use massing or other elements to screen this area from a vehicle’s view from the Toll Highway or entrances to the Oases.

• Refuse - Provide a screened refuse area with direct access to the loading area. Care must be exercised in locating the refuse area to avoid the appearance of a back side as motorists approach the Oasis service area from either direction.

• Mechanical/Electrical Rooms - HVAC and electrical rooms must be integrated into the massing of the main buildings. Any elements exposed to view must be screened.

• The upgrades shall include landscaping or other elements to minimize public view of the above building service facilities.

• Fire Protection Systems as required to ensure compliance with NFPA regulations and applicable municipal code.

TRANSITION PLAN - Within 90 days of receiving a signed Tollway Lease Agreement, or on a date mutually agreed upon between the selected Offeror and the Illinois Tollway, the selected Offeror shall submit a Transition Plan for Illinois Tollway review and approval. The Transition Plan shall prioritize

State of Illinois RFP 4 minimum disruption of services provided to customers. At no time during the transition or renovation phase shall an entire Oasis location be closed. The Transition Plan shall address the interim operations prior to and during renovation, employee training, and signage for each Oasis.

QUALITY MANAGEMENT PLAN - Within 90 days of receiving a signed Tollway Lease Agreement, or on a date mutually agreed upon between the selected Offeror and the Illinois Tollway, the selected Offeror shall submit, for Illinois Tollway review and approval, a Quality Management Plan that encompasses all activities related to the upgrades, operation and maintenance of each Oasis, including but not limited to, required reconstruction, redevelopment, and other substantial improvements, and required operation, maintenance, repair, food and customer services. The Quality Management Plan shall describe the processes and procedures that will be employed to ensure compliance with the performance standards specified in the Lease Agreement utilizing the highest industry standards of quality control and assurance. The Quality Management Plan shall identify Operator monitoring activities and schedules and define related corrective actions for compliance with the performance standards specified in the Lease Agreement. The Operator shall submit records of non-conformance and corrective action taken with respect to the performance standards specified in the Lease Agreement to the Illinois Tollway on a monthly basis. Such records and related performance compliance will be subject to audit and verification by the Illinois Tollway or its authorized representative.

A.3. SCHEDULE & BUDGET

A.4. UNIQUE CONSIDERATIONS

VALUE PRICING - The Illinois Tollway has established a value pricing policy encompassing the sale of all products and services to be sold within the confines of each retail and restaurant operation at an Oasis. The policy generally prohibits the Operator and its sublessees from charging considerably more for a product or service at an Oasis than for the same product or service at a similar store in the Chicago Standard Metropolitan Statistical Area (SMSA) identified within a boundary of each respective Oasis, as agreed upon by the Illinois Tollway and the Operator, and located in the City of Chicago or one or another of the following Illinois counties: Boone, Cook, DeKalb, DuPage, Grundy, Kane, Kendall, Lake, McHenry, and Will. To monitor the Operator’s and its sublessees’ adherence to this pricing policy, the Illinois Tollway shall reserve the right to conduct or request Operator and its sublessees to conduct price comparison surveys of various products and services offered by the Operator and its sublessees. The items will be compared with similar items in three benchmark stores (subject to the Illinois Tollway’s approval). After the three benchmark stores are selected, the Operator and its sublessees shall provide the prices charged for all relevant food items, beverages, merchandise, other products, or service sold in the designated stores and for each such item the average price shall be determined by adding the three prices obtained from the benchmark stores and dividing by three. The (i) resulting average price, or (ii) a price no more than 10% greater than the resulting average price, shall be the price for comparable food items, beverages, merchandise, other products or services sold at Oases facilities. Once average prices for items at Oases are established, they shall not be adjusted until after a market survey that leads to the establishment of new average prices, which new prices must be approved, in writing, by the Illinois Tollway. In the absence of a market survey conducted or requested by the Illinois Tollway, Operator and its sublessees may, on their own accord, request that the Illinois Tollway consider a market survey they conduct, provided that they may not

Posting Q3 2026

Bid Opening Q3 2026

Evaluation Q4 2026

Contract Award

Q1 2027

Contract Execution Q1 2027

Lease Effective Date

State of Illinois RFP 5 make such a request sooner than twelve months after the date on which existing Oasis prices (for any one or more items) were established.

The Illinois Tollway reserves the right to make any future adjustments to the Oases, including any structures located thereat, necessary to operate and maintain its system of toll highways. Should any future adjustments, including but not limited to removal of a structure be required, the Illinois Tollway will negotiate with the Operator to revise the rent provisions of the Lease Agreement.

A.5. TERM

A.5.1. TERM OF THIS CONTRACT: The contract resulting from this procurement will have an initial term of twenty-five (25) years, with an estimated start date of May 1,2027.

A.5.2. RENEWAL: The State has no options to renew.

State of Illinois RFP 6

Section B. CURRENT CONDITIONS

B.1. OVERVIEW & BACKGROUND

The Illinois State Toll Highway Authority (“Illinois Tollway”) is an instrumentality and administrative agency of the State of Illinois that operates and maintains five (5) toll highways (Tri-State Tollway (I-94/I-294/I-80), Reagan Memorial Tollway (I-88), Jane Addams Memorial Tollway (I-90), Veterans Memorial Tollway (I-355) and Illinois Route 390 Tollway) throughout twelve (12) Northern Illinois counties (Cook, Lake, DuPage, Will, Kane, McHenry, Boone, Winnebago, DeKalb, Ogle, Lee and Whiteside), consisting of 294 centerline miles and 2,296 lane miles systemwide. Since 1959, the Illinois Tollway has offered food/amenities and fuel/convenience store options at services plazas (“Oasis or Oases”) on I-90, I-94/I-294 and I-88. In 2002, the Illinois Tollway privatized Oases operations, which included separate leasing opportunities for the food/amenities services and for the fuel/convenience store services. As transportation needs evolve, the Illinois Tollway seeks to continue to offer a variety of clean, safe, convenient, and efficient options for the benefit of its customers at its Oases locations systemwide. Additional information regarding the Illinois Tollway can be found at https://www.illinoistollway.com.

Like other government agencies, the Illinois Tollway seeks innovative ways to maximize its right-of-way assets, optimize the use of publicly-owned property, reduce operating expenses, raise additional revenue, and provide optimal convenience and amenities to its customers.

Existing leases for food/amenities services at Illinois Tollway Oases expire April 30, 2027. The Illinois Tollway seeks to offer uninterrupted food services and restroom amenities to its customers during any potential transition to a new vendor.

Oasis aerial images depicting each location contemplated in this RFP, including areas of Operator maintenance responsibilities can be found in Exhibits 1A-1D.

B.2. VOLUMES & QUANTITIES

Annual gross sales for each Oasis location contemplated in this RFP, reported by month from 2019 through 2025 can be found in Exhibits 2A – 2G.

B.3. STRENGTHS

The Illinois Tollway serves nearly 1.6 million drivers daily. Exhibit 3 provides average daily vehicles passing Oases locations by year.

B.4. FIGURES, DIAGRAMS, & REFERENCE DOCUMENTS

Item Exhibit / Attachment Title Exhibit / Attachment Description Exhibit 1A-1D Oasis Aerial Images showing maintenance responsibility for Food Service Vendor and Tollway staff.

2 Exhibit 2A-2G Annual gross sales by location, by year 2019-2025.

3 Exhibit 3-Estimated Oasis AADT FB Average daily vehicles passing Oasis locations by year.

https://www.illinoistollway.com/

State of Illinois RFP 7

4 Exhibit 3A-AADT by Oasis Average daily vehicles passing Oasis locations by year 2019-2024, by direction.

Attachment A Compliance Wage Stipulation Information

6 Attachment B Participation Compliance Commitment Form

7 Attachment C Pricing Document Excel Spreadsheet

State of Illinois RFP 8

Section C. PROPOSAL REQUIREMENTS

Only Electronic Submissions through BidBuy of Offers will be Accepted

C.1. REQUIRED DOCUMENTS TO COMPLETE AND SUBMIT

The Offeror shall submit the listed documents in BidBuy under the Attachments tab in the appropriate “Required Attachments” spaces.

• Vendor Disclosure or IPG Active Registered Vendor Disclosure(Failure to submit shall deem the offer non-responsive)

• Technical response

• Offer to the State of Illinois (Including Subcontractor Disclosure and Where Services are to be performed, found in BidBuy Attachments)

• Technical response

• Commitment to Diversity Vendor Answer Form

• BEP Utilization Plan (Failure to submit shall deem the offer non-responsive)

• VBP Utilization Plan (Failure to submit shall deem the offer non-responsive)

• Oases Participation Commitment Form (Signed & Notarized)

• Attachment C Pricing Document Excel Spreadsheet

Blank documents may be found on the Chief Procurement Officer for General Service’s website at https://cpo-general.illinois.gov/solicitation-and-contract-templates.html and on the BidBuy posting under “File Attachments:”.

Business Enterprise Program/Veterans Small Business Program Utilization Plan may be downloaded from the Commission on Equity and Inclusion’s website at https://cei.illinois.gov/purchasing-entity-resources/compliance.html.

Failure to submit Vendor Disclosure or IPG Active Registered Vendor Disclosure, as applicable, and the Utilization Plan(s), as applicable, with the Offer submitted in BidBuy shall render the Offer non-responsive.

Offerors are required to submit their response to the State’s solicitation through BidBuy. Any information sent to the State outside of BidBuy, for example by US Mail, FedEx, UPS, e-mail, or hand delivery, will neither be accepted nor considered. Offeror submissions will only be considered if they are received through BidBuy and on or before the time and date indicated as the “Bid Opening Date” on the BidBuy posting. Any required attachments must be submitted via BidBuy.

Price entries on the Items tab will be locked automatically upon submission of the quote. Entering cost, pricing or discount information in the Alternate Description may result in disqualification. Offeror shall upload the pricing spreadsheet document under the “Required Documents” section on the Attachments tab and check the box “Does the attachment contain any pricing, cost or discount information?”. Failure to check this box allows your pricing to be viewed when bids are opened and will result in disqualification of your offer. NOTE: Do not check “Does the attachment contain any pricing, cost or discount information” if the attachment does NOT include pricing, cost, or discount information.

Documents shall be submitted in an electronic format that is accessible and readable using Microsoft Office suite software or Adobe Reader. Corrupted files shall not be considered. It is the Offeror’s responsibility to check that files are accessible and legible after uploading.

The Offeror is solely responsible for ensuring timely submission of their electronic solicitation response. Failure to allow adequate time prior to the Bid Opening Date to complete and submit a response to a solicitation, particularly in the event https://cpo-general.illinois.gov/solicitation-and-contract-templates.html https://cpo-general.illinois.gov/solicitation-and-contract-templates.html https://cei.illinois.gov/purchasing-entity-resources/compliance.html

State of Illinois RFP 9 technical support assistance from the State is required, places the Offeror and their offer or response at risk of not being accepted.

The State encourages the Offeror to ensure that their BidBuy account is up-to-date. It is recommended that you access your BidBuy account prior to the solicitation due date and time to make sure that your company’s information is up-to-date and your password is current. Files may be uploaded at any time prior to submission.

File size may impact the uploading and downloading speed and may lead to browser time-outs, resulting in failed upload/download attempts. Please consider this dependency when attaching very large documents.

OFFEROR INSTRUCTIONS TO SUBMIT IN BIDBUY

Create Quote:

General Tab : Save and Continue Items Tab Follow instructions in the Pricing section of the solicitation document as to whether pricing will be entered in the Unit Cost of the Items Tab or submitted as a separate Pricing Document in the Attachments Tab.

Note: any pricing entered in the Unit Cost of the Items Tab will be locked until after Technical Evaluations take place. Do not enter cost, pricing, or any discount information in the Alternate Description field. Entering cost, pricing or discount information in the Alternate Description may result in disqualification.

Terms and Conditions Tab : Select “Yes”, “No”, or “Yes with Exceptions” Note: If taking any exceptions to Standard Terms and Conditions an offeror must submit a redline version of the Standard Terms and Conditions with their proposal.

Attachments Tab For each required quote attachment listed:

: “Upload” (next to each required attachment) : “Choose File” Note: If a pricing document is required, mark the box next to the question, “Does this attachment contain any pricing, cost, or discount information?”

Failure to mark this box when attaching a pricing document will result in disqualification.

Check this box ONLY if a separate pricing document is required.

Do NOT check this box for any other required quote attachment such as the Technical Proposal, Vendor Disclosure / IPG Active Registered Vendor Disclosure, or Utilization Plan(s), or Offer.

Summary Tab : “Submit Quote”

Offerors may also view the “Request for Proposal (RFP) Vendor Submission Instructions Video found at https://cpo-general.illinois.gov/vendor-resources.html

C.2. DUE DATE AND TIME FOR SUBMISSION OF OFFERS

https://cpo-general.illinois.gov/vendor-resources.html https://cpo-general.illinois.gov/vendor-resources.html

State of Illinois RFP 10

Each solicitation contains the Offer due date and time, appearing as the “Bid Opening Date:” on the BidBuy posting. Offeror shall submit Offers in BidBuy, and the State shall open Offers electronically in BidBuy on the “Bid Opening Date”. The Offer must remain firm for 180 days from opening.

C.3. CONFLICT BETWEEN INFORMATION IN ELECTRONIC DOCUMENTS AND ON BIDBUY

If the State provides information in electronic documents (i.e., the RFP and other attachments) that is different or in conflict with the information the State provides on BidBuy, then the information in electronic documents is presumed to represent the State’s intent. If the Offeror provides information in electronic documents that is different or in conflict with the information the Offeror provides in BidBuy through their Seller Account, then the information in electronic documents shall represent the Offeror’s intended submission.

C.4. PUBLISHED PROCUREMENT INFORMATION

The State publishes procurement information, including solicitations, awards, and amendments, on the Chief Procurement Officer for General Services’ Illinois Procurement Bulletin, known as the Bulletin or BidBuy (https://www.bidbuy.illinois.gov/bso/). Procurement information may not be available in any other form or location. Offeror is responsible for monitoring BidBuy. The State will not be held responsible if Offeror fails to receive the optional e-mail notice of future amendments to the solicitation.

C.5. INFORMATION CONTACT

The individual listed in the “Info Contact:” field on the BidBuy posting shall be the single point of contact for this solicitation. Unless otherwise directed, Offeror should only communicate with the Information Contact. The State/Agency shall not be held responsible for information provided by or to any other person.

Suspected errors should be immediately reported to the Information Contact. Do not discuss, directly or indirectly, the solicitation or any Offer with any State officer or employee other than the Information Contact.

C.6. OFFEROR QUESTIONS AND AGENCY RESPONSE

All questions, other than questions raised at the Pre-Submission Conference, pertaining to this solicitation must be submitted in writing to the Information Contact no later than ENTER DATE. Questions received and Agency responses may be posted as a Bid Amendment to the original solicitation on BidBuy; only these posted answers to questions shall be binding on the State. Offeror is responsible for monitoring BidBuy and BidBuy email notifications.

C.7. PRE-SUBMISSION CONFERENCE

The Agency will conduct a Non-Mandatory Pre-Submission Conference, listed in the “Pre-Bid Conference:” field of the BidBuy posting. Please refer to BidBuy for this information.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/2363033551664?p=JViP8DJw0kVUNJFvFj

Meeting ID: 236 303 355 166 4 Passcode: pL7Yr7T9 Dial in by phone https://www.bidbuy.illinois.gov/bso/ https://teams.microsoft.com/meet/2363033551664?p=JViP8DJw0kVUNJFvFj

State of Illinois RFP 11

+1 872-240-8046 United States, Chicago Phone conference ID: 323 914 364#

C.8. SMALL BUSINESS SET-ASIDE

“This section has been left blank intentionally”

C.9. BUSINESS ENTERPRISE FOR MINORITIES, WOMEN, AND PERSONS WITH DISABILITIES ACT PARTICIPATION AND

UTILIZATION PLAN

The BidBuy posting indicates whether this solicitation contains a goal to include businesses owned and controlled by minorities, women, and persons with disabilities. If this solicitation contains a goal, then failure to complete and submit a Utilization Plan, including documentation demonstrating good faith efforts when requesting a waiver, shall render the Offer non-responsive. 30 ILCS 575/4(e). All questions regarding the subcontracting goal must be directed to the Information Contact indicated in BidBuy no later than as published in the Bulletin Description in BidBuy. See the Utilization Plan for NIGP codes used to establish this goal.

This solicitation includes a specific BEP Utilization goal of 27 %

NIGP Codes Applicable to BEP Participation Goal: 90924; 90652: 95805;

96115

Go to https://cei.illinois.gov/vendor-resources/get-bep-certified.html for complete requirements for BEP certification. Go to State of Illinois Commission on Equity and Inclusion at https://supplierdiversitymanagementportal.illinois.gov/home.aspx to search for certified BEP vendors.

C.10. VETERAN SMALL BUSINESS PARTICIPATION AND UTILIZATION PLAN

The BidBuy posting indicates whether this solicitation contains a goal to include businesses owned and controlled by military veterans. If this solicitation contains a goal, then failure to submit a Utilization Plan as instructed later in this solicitation may render the Offer non-responsive. All questions regarding the subcontracting goal must be directed to the Information Contact indicated in BidBuy no later than as published in the Bulletin Description in BidBuy. See the Utilization Plan for NIGP codes used to establish this goal.

This solicitation includes a specific VET Utilization goal of 3% NIGP Codes Applicable to VET Participation Goal: 90924; 90652; 95805

96115

Go to https://cei.illinois.gov/programs0/veterans-business-program.html for complete requirements for Veteran Owned Small Business (VOSB) or Service-Disabled Veteran Owned Small Business (SDVOSB) certification. Go to State of Illinois Commission on Equity and Inclusion at https://supplierdiversitymanagementportal.illinois.gov/home.aspx to search for certified VOSB and SDVOSB vendors.

tel:+18722408046,,323914364 https://cei.illinois.gov/vendor-resources/get-bep-certified.html https://supplierdiversitymanagementportal.illinois.gov/home.aspx https://cei.illinois.gov/programs0/veterans-business-program.html https://supplierdiversitymanagementportal.illinois.gov/home.aspx

State of Illinois RFP 12

All subcontracting options should be assessed and all efforts exhausted prior to submitting a waiver request.

If the waiver is denied the submittal may be deemed nonresponsive.

C.11. WAGE STIPILATIONS

This contract calls for the construction of a “public work,” within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/01 et seq. (“the Act”) or is a service contract subject to the prevailing wage requirement of the Illinois Procurement Code, 30 ILCS 500/25-60 (the “Code”). The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the current “prevailing rate of wages” (hourly cash wages plus fringe benefits) in the locality (county) where the work is performed. The Code requires vendors awarded certain service contracts to pay service workers no less than the general prevailing wage rate of hourly wages (hourly cash wages plus amount for fringe benefits in the locality (county) where the work is performed. The Illinois Department of Labor publishes the prevailing wage rates on its website https://www.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx .

The Illinois Department of Labor revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Illinois Department of Labor’s website for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website.

All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act and Code, including but not limited to all wage requirements, notice, and record keeping duties.

The contractor to whom the contract is awarded shall insert into each subcontract and into the project specifications for each subcontract a written stipulation to the effect that not less than the prevailing rate of wages shall be paid to all laborers, workers, and mechanics performing work under the contract. Each subcontractor shall insert into each lower tiered subcontract and into the project specifications for each lower tiered subcontract a stipulation to the effect that not less than the prevailing rate of wages shall be paid to all laborers, workers, and mechanics performing work under the contract.

NOTE: The prevailing wages are revised by the Department of Labor and are available on the Department’s official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting the Illinois Department of Labor to ensure understanding of prevailing wage requirements at 217‐782‐6206 or (http://www.state.il.us/agency/idol/index.htm).

Prime contractors will be responsible for ensuring that EEO work hours including those of their subcontractors are reported in the Tollway’s LCPtracker system. Certified payrolls reported in LCPtracker would be sufficient for EEO reporting requirements.

AMENDMENTS TO PREVAILING WAGE LAW

Effective July 16, 2014, the Prevailing Wage Act has been amended. Below is a summary of some of the important changes that may affect you:

• For each calendar month that renovation on a Tollway project occurs, a certified payroll must be filed no later than the 15th of the following month. Note that the Illinois Tollway’s LCPtracker prevailing wage/certified payroll monitoring system requires weekly reporting of certified payrolls.

• Prevailing Wage and EEO requirements are applicable to repairs and maintenance work for the contract duration. For each calendar month that repairs and maintenance work on a Tollway project occurs, a certified https://www.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx https://www.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx https://labor.illinois.gov/ https://labor.illinois.gov/ https://labor.illinois.gov/ https://www.illinois.gov/

State of Illinois RFP 13 payroll must be filed no later than the 15th of the following month. Note that the Illinois Tollway’s LCPtracker prevailing wage/certified payroll monitoring system requires weekly reporting of certified payrolls.

• Payroll records must be kept for five (5) years from the date of last payment on a contract or subcontract.

• Any person who willfully files a false payroll is guilty of a Class A misdemeanor.

• Any person who willfully fails to create, keep, maintain, or produce records as or when required by the Act is guilty of a Class A misdemeanor.

• Any contractor or subcontractor convicted or found guilty of the above is subject to automatic and immediate debarment and prohibited from participating in any public works project for four (4) years with no right to a hearing.

The full text of the Prevailing Wage Act can be found here:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2405&ChapterID=68

Effective immediately, per CPO Notice 2021.03.

EMPLOYMENT OF PUBLIC WORKERS ON PUBLIC WORKS: In a period of excessive unemployment rates, State contractors (1) constructing or building any public works or (2) cleaning-up and disposing on-site of hazardous waste, and that clean-up or on-site disposal is funded or financed in whole or in part with State funds or funds administered by the State, are required to employ at least 90% Illinois laborers on such project. For projects involving clean-up and on-site disposal of hazardous waste, emergency response or immediate removal activities are excluded. This requirement applies to all labor whether skilled, semi-skilled or unskilled, whether manual or non-manual.

A period of excessive unemployment rates is defined as any month immediately following two 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. Any public works project financed in whole or in part by federal funds administered by the State of Illinois is covered under the provisions of this requirement, to the extent permitted by any applicable federal law or regulation. 30 ILCS 570. Contractors may receive an exception from this requirement by submitting a request and supporting documents certifying that Illinois laborers are either not available or are incapable of performing the particular type of work involved. The certification must: (a) be submitted to the agency within the first quarter of the Contract Term; (b) provide sufficient support that demonstrates the exception is met; (c) be signed by an authorized signatory of the contractor; and (d) be approved by the agency.

The Act defines a period of excessive unemployment rates as any month immediately following two consecutive calendar months during which the State unemployment rate exceeds 5%. To understand the details of the Employment of Illinois Workers on Public Works Act, please read it in its entirety:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=549&ChapterID=7

SPECIAL PROVISIONS FOR

EQUAL EMPLOYMENT OPPORTUNITY PROGRAM

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2405&ChapterID=68 https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=549&ChapterID=7

State of Illinois RFP 14

1. OBJECTIVE OF THE EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEO):

To promote equality of employment opportunity for all individuals including veteran, minority, and female tradespersons on Illinois State Toll Highway Authority (ISTHA or “Tollway”) capital construction projects. In its efforts to achieve this equality, it is the desire of ISTHA to follow the guidelines as instituted by the United States Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) as established through Executive Order 11246 and by Title VII of the Civil Rights Act of 1964, the Illinois Department of Human Rights (IDHR) as established through the Illinois Human Rights Act (Illinois Compiled Statutes, 775 ILCS 5/1 -101, et sequitur), and State of Illinois Executive Order 15-2, Executive Order To Ensure Equal Opportunity Is Provided To All Illinois Persons And Businesses.

2. CONTRACTOR ASSURANCE:

The contractor will assure that each of its employees and its subcontractors’ employees associated with the contract shall not discriminate on the basis of any protected category identified by law in the performance of this contract in compliance with Title VII of the Civil Rights Act of 1964 found in 42 U.S.C § 2000e, et seq and Illinois state laws. Discrimination is the unfair treatment or denial of normal privileges to persons because of any characteristic protected by law. The Tollway encourages the prompt reporting of incidents of suspected discrimination, harassment or retaliation, regardless of the offender’s identity or position. In the event of the contractor's non-compliance with this Equal Employment Opportunity Special Provision, the contractor 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 in part, and other remedies invoked as provided by statute or regulation.

3. EEO GOAL TO BE ACHIEVED BY THE CONTRACTOR:

The EEO goals set by the U.S. Dept. of Labor - Office of Federal Contract Compliance Programs (“OFCCP”) for construction trade workers in the Chicago area, which is provided through Executive Order 11246, apply to this contract. The EEO goals are measured through the following percentages of construction aggregated work hours in each of the categories;

Women: at least 6.9 percent for all contracts.

Minorities: set on a contract basis, dependent upon the county where the work will be performed.

EEO reporting will be completed in LCPtracker by the 25th of each month.

Primes will report at the end of each month expenditure it made and also the expenditure of each of their subcontractors. All primes and subcontractors will be notified and they will go to B2GNow to report all payments to subcontractors. The subcontractors will then go into the system and confirm payments. If the prime needs help, they can request help from the Illinois Tollway Compliance department.

ILLINOIS COUNTY CURRENT FEDERAL GOAL %

FOR MINORITIES ILLINOIS COUNTY CURRENT FEDERAL GOAL %

FOR MINORITIES

BOONE 6.3 LAKE 19.6

BUREAU 18.4 LASALLE 18.4

COOK 19.6 LEE 4.6

DEKALB 18.4 MCHENRY 19.6

DUPAGE 19.6 OGLE 4.6

State of Illinois RFP 15

GRUNDY 18.4 ROCK ISLAND 4.6

HENRY 4.6 STEPHENSON 4.6

IROQUOIS 18.4 WHITESIDE 3.4

KANE 19.6 WILL 19.6

KENDALL 18.4 WINNEBAGO 6.3

4. DEFINITIONS OF ETHNIC CLASSIFICATIONS:

AMERICAN INDIAN OR ALASKA NATIVE:

Persons having origins in any of the original peoples of North and South American (including Central America), and who maintain tribal affiliation or community attachment.

ASIAN:

Persons having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent, including for example Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.

BLACK OR AFRICAN AMERICAN:

Persons having origins in any of the Black racial groups of Africa.

HISPANIC:

Persons of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish culture or origin, regardless of race.

5. CONTRACT PERFORMANCE

During the performance of this contract, the contractor agrees as follows, as required by the Illinois Department of Human Rights (IDHR) at 44 Ill. Admin. Code 750 (Appendix A):

That, EEO Form 1256, Workforce Projection is required from the lowest apparent bidder on the fifth(5th) calendar day after bids are due or the bid will be deemed non-responsive. The submission of EEO Form 1256 should be sent via email to contractcompliance@getipass.com.

5.1 That it will not discriminate against any protected category identified by law; 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 underutilization.

5.2 That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with IDHR’s rules) 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.

5.3 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 of any protected category identified by law.

5.4 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 Human Rights Act and the IDHR's Rules. 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, the contractor will promptly so notify the IDHR and the contracting agency and mailto:Contract%20Compliance%20%3cContractCompliance@getipass.com%3e

State of Illinois RFP 16 will recruit employees from other sources such as the construction works program when necessary to fulfill its obligations thereunder.

5.5 That it will submit reports as required by the IDHR’s Rules, furnish all relevant information as may from time to time be requested by the IDHR or the Tollway, and in all respects comply with the Illinois Human Rights Act and the IDHR’s Rules.

5.6 That it will abide by the audit clause of the contract.

5.7 That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon 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 such subcontractors; and further it will promptly notify the contracting agency and the IDHR in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.

5.8 That it will designate and make known to the Tollway an EEO Officer.

6. CALCULATING EEO PERFORMANCE, CREDIT TOWARDS THE USDOL OFCCP GOALS AND VETERAN

PARTICIPATION FOR ILLINOIS EXECUTIVE ORDER 15-12:

Actual amounts of minority, female, and veteran work will be measured for the total hours of construction workers employed on the contract within each of the categories of journeyworker, apprentice and laborer by the contractor and all of the worksite subcontractors. Minority female trade worker hours are counted in applicable ethnic category, in the veteran category if applicable and also in the female category.

In the certified payroll reports, the following ethnic categories should be used to indicate minority personnel for purposes of reporting compliance with the weekly certified payroll report: American Indian/Alaska Native, Asian, Black/African American, Hispanic and Native Hawaiian/Other Pacific Islander.

Included in the certified payrolls, as "Apprentices" are only bona fide apprentices currently in a training program certified by the U.S. Department of Labor - Bureau of Apprenticeship and Training, and hours credited towards the EEO Program are only those hours the apprentice was employed at the construction site. "Journeyworkers" are the construction site journeyworkers from the major trades. Other "Helpers", watchmen, custodial workers, clerical workers, and salaried superintendents are not creditable in the formula. Hourly wage "Forepersons" and "Forepersons" otherwise known as working forepersons, will be counted as journeyworkers for purposes of the EEO Program reporting.

In addition to the timely submission of certified payroll required by the Prevailing Wage Act (820 ILCS 130) as required by the contract specifications, the contractor must have submitted all certified payrolls for the contractor and all subcontractors before the contractor submits its request for the final release of retention and the final waiver of lien. No adjustments to certified payrolls will be accepted after the transmission of the final waiver of lien.

The contractor and each subcontractor shall permit its employees to be interviewed on the job, during working hours, by compliance personnel of the Tollway, IDHR or the Department of Labor regarding compliance with the terms of this Special Provision.

7. REQUIRED EEO/CERTIFIED PAYROLL REPORTING INTO THE LCPTRACKER AND CERTIFIED PAYROLL SYSTEMS

State of Illinois RFP 17

All contractors and subcontractors must enter or submit weekly payroll reports electronically to the Tollway via the Tollway’s LCPTracker system. The required EEO workhours for women and minorities will be calculated based on payroll reports entered into the LCPtracker system by contractors and their subcontractors. The LCPtracker system can be accessed at https://prod-cdn.lcptracker.net/login/login.

The party preparing the report must sign and submit/certify the report electronically. Weekly certified payroll reporting in LCPtracker will replace the EEO workhours reporting in Catapult. Failure to submit weekly payrolls through the LCPtracker system will cause a delay in the payment of the contractor’s pay estimates. It is the responsibility of the contractors and subcontractors to make sure that the right ethnicity and job classification are entered/selected for each of their employees when reporting payrolls in LCPtracker.

The contractor is responsible for maintaining a hard copy of the contractor’s and subcontractors’ certified payrolls, including all properly executed certifications, organized by contract for every construction worksite.

The contractor and subcontractor are responsible for submitting certified payrolls to the Illinois Department of labor (IDOL) through the IDOL’s certified payroll portal, and in the Tollway’s LCPtracker system. Note: Questions concerning the certified payroll submission in the IDOL portal should be directed to IDOL. Failure to report fully all required workforce information will cause a delay in processing the contractor’s pay estimates. Disclosure of this information is required. Patterns of delinquent reporting may be cause to terminate this contract or such other remedy as the Tollway deems appropriate.

8. SUBCONTRACTOR OBLIGATIONS:

The contractor is required to clearly identify in their subcontract agreements the specific performance obligations that each subcontractor has toward assisting the contractor in meeting the EEO goals.

In the same manner as with other provisions of this contract, the contractor will be responsible for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the Tollway and the IDHR in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.

9. GOOD FAITH EFFORT PROCEDURES:

If the Tollway determines that the contractor and/or its subcontractors are not in compliance with the EEO goals, the Tollway will notify the contractor of said non-compliance. The contractor must submit a Corrective Action Plan within fifteen (15) business days of the date of its receipt of the notice of non-compliance. The Corrective Action Plan must contain evidence of good faith efforts the contractor has made in an effort to meet the EEO goals and outline the additional good faith efforts the contractor will be making, including but not limited to timelines, through the remaining life of the contract.

10. CORRECTIVE ACTION PLAN:

The Corrective Action Plan must show that the contractor made good faith efforts, taking all necessary and reasonable steps to achieve the stated EEO goals. Necessary and reasonable steps are those that could reasonably be expected to employ and retain a sufficient number of minority and female trade workers to meet or exceed the federally set EEO goals for the Illinois county in which work is performed.

Examples of Good Faith Efforts include, but are not limited to, the following:

https://prod-cdn.lcptracker.net/login/login

State of Illinois RFP 18

• Establish and maintain a current list of minority, veteran and female recruitment sources, provide written notification to minority and female…