State of Illinois RFP V.25.4

ILLINOIS TOLLWAY

REQUEST FOR PROPOSAL

Contract # 24-0243R Fueling Stations Oases Re-Development & Operations

27-557THA-PROCU-B-53212

Section A. SCOPE OF WORK

A.1. OVERVIEW AND PURPOSE

The Illinois State Toll Highway Authority (“Illinois Tollway”) is seeking Proposals (“Proposals”) from experienced and qualified firms to redevelop, operate and maintain (i.e., design, construct, and finance) the fuel service operations (“Fueling Stations”) at five (5) fuel locations and nine (9) total fueling stations, 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”) the Fueling Stations at Illinois Tollway Oases locations, including:

Lincoln Oasis (2) – I-294 Milepost 0.75 O’Hare Oasis (2) – I-294 Milepost 37.75 Lake Forest Oasis (2) – I-94 Milepost 18.0 Belvidere Oasis (2) – I-90 Milepost 24.0 DeKalb Oasis (1) – I-88 Milepost 93.25

Two Fueling Stations are located at each identified Illinois Tollway Oases site, one in each direction of travel, with the exception of DeKalb, which has one location accessible from either direction of travel.

It is anticipated that the selected Offeror will renovate and optimize the use of the Illinois Tollway’s identified existing Oases Fueling Station/convenience store sites while providing modern, safe, and clean amenities to Illinois Tollway customers.

Offeror is required to submit a proposal and pricing for all identified Fueling Stations in a single proposal in Bidbuy. The Tollway reserves the right to award a contract to one Vendor or no Vendor based on this RFP.

The goals of this RFP include the following:

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

• Providing fuel, convenience store items and restroom facilities for customers traveling along the

Illinois Tollway;

• Attracting substantial capital investment thereby allowing the successful Offeror to significantly improve the Fueling Station facilities; and

• Providing a revenue stream to the Illinois Tollway.

A.2. DESIRED OUTCOMES OF THIS PROJECT/ENGAGEMENT

Offeror may be a single entity or may be a team; however, the selected Offeror will enter into the Lease Agreement and serve as the sole point of contact to the Illinois Tollway and bear responsibility for providing all services (“Contract Services”) required under the Lease Agreement (“Agreement”). A single Lease Agreement will encompass all Fueling Stations 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 enter into a twenty-five (25) year Lease Agreement (see 30 ILCS 500/53-30) to redevelop and/or operate the Fueling Station sites at all locations as identified, subject to the Illinois Tollway’s approval and acceptance. Proposed plans and concepts to renovate the Fueling Stations must be compatible with the Illinois Tollway’s core mission of providing and promoting a safe and efficient system of toll supported highways while ensuring the highest level of customer service. Fueling Stations are required to operate on a 24/7/365 basis.

The successful Offeror shall be responsible for developing, equipping, and maintaining a complete, modern fuel service facility at each identified site. The facilities shall comply with all current federal, state, and local statutes, regulations, and codes, and shall be equal to or exceed the standards and capacity of facilities normally developed under similar circumstances, including the number of fueling pumps. Fuel islands and canopies shall be located in an area mutually agreeable to the Illinois Tollway and selected Offeror, situated to work symbiotically with all other Oasis site functions.

Truck Fueling Stations shall be physically separated from automobile Fueling Stations. The Facility design is required to include all required fuel spill handling and containment facilities at automobile and truck islands in compliance with all current regulations.

The successful Offeror shall appropriately staff and operate and maintain a convenience store at each fuel service facility. The convenience store is not permitted to offer food services for “on-the-premises” consumption, liquor sales, cannabis sales, video gaming, or adult themed materials. Illinois Lottery ticket sales are permitted at all convenience store locations, subject to Illinois Tollway and Illinois Lottery approval.

The successful Offeror shall provide for the installation, operation, and ongoing maintenance of a minimum of two (2) Level 3 Electric Vehicle (“EV”) charging stations at each fuel service location within one (1) year of contract inception. The Operator may charge customers for use of the EV charging station, subject to value pricing guidelines as defined in A.4. below.

The Offeror’s proposal must include:

• Replacement of all underground storage tanks systems within two (2) years of contract inception

• New fuel dispensers using the most technologically advanced equipment to allow for quicker and the most efficient pumping of fuel at all vehicle and truck Fueling Stations within two (2) years of contract inception

• Ongoing maintenance of all underground storage tanks and fuel distribution systems

• Remediation of all contaminated material resulting from fuel leaks/spills that may occur during the term of the Operator’s lease

• Aesthetic updating of all existing convenience store structures within two (2) years of contract inception, including a full remodeling and expansion of restroom facilities at each fuel service location

• Credit card acceptors at the Fueling Stations and convenience stores including ongoing maintenance and replacement as necessary for efficient operation.

• Installation of a fenced pet relief area

• All utilities for the operation of the fuel service facility, including convenience stores

• Site remediation resulting from the potential removal of car wash facilities (if applicable)

FUELING STATIONS SITE 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, fuel facility parking area, fuel islands, and pet relief area including pest remediation. Please refer to Exhibits 1A-1E for maintenance responsibility limits.

• Winter Weather – Provide for the removal of snow and ice from Fueling Stations property (Excludes ramps leading to and from Oasis property) Please refer to Exhibits 1A-1E for maintenance responsibility limits.

• Truck Loading/Unloading - Provide access for deliveries via an oversized man-door. A loading dock is not required. The building design shall use massing or other elements to screen this area from a vehicle’s view entering the Oasis from either direction.

• 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 building. Any rooftop unit elements exposed to view must be screened.

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

• Fire Protection Systems as required to ensure compliance with all applicable regulations.

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 minimum disruption of services provided to customers. The Transition Plan shall address the interim operations prior to and during renovation, employee training, and signage for each Fueling Station location.

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 design, construction, 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

A.4. UNIQUE CONSIDERATIONS

VALUE PRICING - Prices posted and charged for all fuel related services sales shall not exceed the average price charged by non-Tollway fuel stations and EV charging facilities within the surrounding market of each Tollway location, as agreed upon by the parties, for each grade of fuel and type of service. These prices shall be determined as follows:

• For Gasoline Products: A minimum of five (5) off-Tollway fuel stations within the surrounding market (to be mutually agreed upon) identified for each respective oasis location shall constitute the base for price averaging.

• For Diesel Products: Maximum diesel selling prices per gallon will be determined by taking a retail price survey at specified fuel stations, identified within the surrounding market (to be mutually agreed upon), and deducting applicable county taxes to determine an average net retail price. The applicable county taxes will then be added back to the net retail price to determine the maximum allowable diesel cash-selling price

• For EV Charging: A minimum of five (5) off-Tollway EV charging facilities within the surrounding market, as agreed upon by the parties, identified for each respective oasis location shall constitute the base for price averaging.

• Value pricing guidelines shall apply to any emerging or future fuel technologies not specifically identified in this

RFP.

• For Convenience Store Merchandise: Pricing for convenience store merchandise may be no more than 2.5% higher than the uniform convenience store pricing guideline for all Offeror company operated stores in the Chicago market (if established), or as mutually agreed upon by the parties.

MINIMUM GUARANTEED RENT, PERCENTAGE OF SALES AND FUELING PAYMENT and RENEWAL &

REPLACEMENT FUND

• MINIMUM GUARANTEED RENT: The amount of the minimum guaranteed rent the Offeror shall remit on a monthly basis to the Illinois Tollway.

• PERCENTAGE OF SALES: The percentage amount of convenience store gross sales the Offeror shall remit as additional lease payment.

• FUELING RATE: The amount per gallon of fuel delivered to each fuel service facility the Offeror shall remit as additional lease payment.

• Offeror shall submit all percentage and dollar values on the Items Tab on BidBuy. Do not expose pricing within the proposal, as that may cause the offer to be deemed non-responsive. T he agency requires pricing to be submitted as an attachment in Bid Buy. Offeror shall upload the pricing excel worksheet-Attachment C, 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 exposed when bids are opened and will result in disqualification of your offer.

Posting Q3 2026

Bid Opening Q4 2026

Evaluation Q4 20256

Contract Award Q1 2027

Contract Execution Q2 2027

Lease Effective Date

May 1, 2027

Percentage of Sales and Fueling Rate amounts shall be remitted to the Illinois Tollway not later than July 31 following each lease year.

• RENEWAL AND REPLACEMENT ACCOUNT: The Operator shall pay to the Illinois Tollway not less than $0.01 per gallon of fuel delivered to each Oasis fuel service facility and 1.00% of total gross sales at each convenience store location, which will be deposited into a Renewal and Replacement account and will be held by the Illinois Tollway for (i) replacement, renewal, renovation or improvement of the Fueling Stations, or (ii) implementation of concept or decor changes, excluding required improvements as identified in A.2. of this RFP.

The Illinois Tollway reserves the right to make any and all adjustments to the Fueling Stations structures 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 years (25), commencing upon the last dated signature of the Parties.

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

Section B. CURRENT CONDITIONS

B.1. OVERVIEW & BACKGROUND

The Illinois Tollway is an instrumentality and administrative agency of the State of Illinois (“State”) 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 all 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 revenues, and provide optimal convenience and amenities to its customers.

Existing leases for fueling services at Illinois Tollway oasis locations expire April 30, 2027. The Illinois Tollway seeks to offer uninterrupted fueling services to its customers during any potential transition to a new vendor.

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

B.2. VOLUMES & QUANTITIES

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

B.3. AREAS OF CONCERN/CHALLENGES

As part of a separate RFP, the Illinois Tollway is requiring that parcels adjacent to the Fueling Stations be developed for food/beverage service locations in the northbound direction at O’Hare. Additionally, long range plans include the possibility of creating a full interchange at I-294 and Irving Park Road where a partial interchange currently exists, potentially impacting the southbound O’Hare Oasis. Fueling Station operations at all locations noted above would continue, with possible disruptions occurring during construction.

B.4. STRENGTHS

The Illinois Tollway serves nearly 1.6 million drivers daily. Exhibit 3 provides average daily vehicles passing Fueling Station locations and average daily vehicles entering Oases locations from 2019 through 2024.

B.5. FIGURES, DIAGRAMS, & REFERENCE DOCUMENTS

Item Exhibit / Attachment Title Exhibit / Attachment Description 1 Exhibit 1A-1E-Oases Fuel Services

Maintenance Maps Aerial images showing maintenance responsibility for Fuel Stations Operator.

https://www.illinoistollway.com/

2 Exhibit 2A-2G-Gross Revenue by Location/Year

Table showing Fueling Stations gallons of fuel delivered, and c-store and car wash gross sales by location, by month 2019- 2025.

3 Exhibit 3-AADT by Direction Showing average daily vehicles passing Fueling Station locations by year 2019- 2024.

4 Attachment A Participation Commitment Form

5 Attachment B Compliance Wage Stipulation Information

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

• 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

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.

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 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.

https://cpo-general.illinois.gov/solicitation-and-contract-templates.html https://cei.illinois.gov/purchasing-entity-resources/compliance.html

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

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

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

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.

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. Failure to complete and submit a Utilization Plan, including https://www.bidbuy.illinois.gov/bso/ 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.

This solicitation includes a specific BEP Utilization goal of 18%

NIGP Codes Applicable to BEP Participation Goal: 90662; 90652; 92924;

95805; 96115; 95352

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. Failure to submit a Utilization Plan 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 1% NIGP Codes Applicable to VET Participation Goal: 90662; 90652; 92924;

95805; 96115; 95352

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.

All subcontracting options should be reviewed 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 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 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/ 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 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 https://www.illinois.gov/ https://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

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

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 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:

mailto:Contract%20Compliance%20%3cContractCompliance@getipass.com%3e

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

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.

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

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:

• Establish and maintain a current list of minority, veteran and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its labor organizations have employment opportunities available, and maintain a record of the organizations' responses.

• Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a labor organization, a recruitment source or community organization.

• Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor.

• Disseminate the contractor's EEO policy by providing notice of the policy to labor organizations and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.

• Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and Subcontractors with whom the contractor does or anticipates…