Revised 10-20 (07-20)

CITY OF EVANSTON

SPECIFICATIONS AND BID DOCUMENTS

Construction Bid with Sub-Contractors

BID NUMBER: 26-27

For

Robert Crown Storage Rooms

April 23, 2026

BID DUE DATE: 2:00 P.M., Tuesday, May 19, 2026

VIRTUAL BID OPENING: 2:15 P.M., Tuesday, May 19, 2026 Google Meet ID:

meet.google.com/erk-vjyw-pza Phone Numbers:

(US)+1 617-675-4444

PIN: 491 020 418 0044#

NON-MANDATORY

PRE-BID MEETING 9:00 A.M. Thursday, April 30, 2026, 1801 Main St, Evanston, IL 60202

BID BOND: 5% of Contract Amount

PERFORMANCE/MATERIAL

& LABOR PAYMENT BOND: 100% of Contract Amount

CONTRACT PERIOD: Contract Award through Deadlines Below

Substantial Completion Deadline: October 5, 2026 Final Completion Deadline: November 6, 2026

ELECTRONIC BID SUBMITTAL:

Bid responses will only be accepted electronically via E-bidding through DemandStar (WWW.DEMANDSTAR.COM)

It is highly recommended that new DemandStar users complete the account setup process prior to the project due date/time.

TABLE OF CONTENTS i

TABLE OF CONTENTS

SPECIFICATION SECTION PAGES

NUMBERS

DIVISION 0 – BIDDING REQUIREMENTS

Notice to Bidders Instructions to Bidders/Requirements for Bidding General Conditions Insurance Requirements

RETURN ALL EXHIBITS WITH THE BID

Exhibit A Bid Form *Exhibit B RBO Bid Notice and Compliance Certification ……… . 3 *Exhibit C Local Employment Program Compliance *Exhibit D City of Evanston M/W/D/EBE Policy Exhibit E M/W/D/EBE Participation Compliance Form Exhibit F M/W/D/EBE Participation Waiver Request Exhibit G Construction Contractors’ Assistance Organizations Exhibit H Certification of Bidder Regarding Equal Employment Opportunity Exhibit I Disclosure of Ownership Interests Exhibit J Additional Information Sheet Exhibit K Certification of Compliance with Prevailing Wage Rate Act Exhibit L Major Sub-Contractors Listing Exhibit M Conflict of Interest Exhibit N Signature Form

Exhibit O Contractor Services Agreement Acknowledgment Contractor Services Agreement ………………………….. 23

Exhibit P BID Bond Submittal Label

DIVISION 1 – General Requirements 01000 Project Requirements ....................................................... 01000-1 – 01000-2 01010 Summary of Work ............................................................ 01010-1 – 01010-2 01027 Applications for Payment .................................................. 01027-1 – 01027-2 01028 Change Order Procedure ................................................. 01028-1 – 01028-3 01060 Regulatory Requirements ................................................. 01060-1 – 01060-2 01200 Project Meetings .............................................................. 01200-1 – 01200-3 01210 Allowances ....................................................................... 01210-1 – 01210-2 01290 Payment Procedures ........................................................ 01290-1 – 01290-3 01300 Submittals ........................................................................ 01300-1 – 01300-7 01400 Quality Control ................................................................. 01400-1 – 01400-3 01600 Materials and Equipment .................................................. 01600-1 – 01600-3 01630 Substitutions ..................................................................... 01630-1 – 01630-2 01700 Project Closeout ............................................................... 01700-1 – 01700-2 01710 Cleaning ........................................................................... 01710-1 – 01710-2

TABLE OF CONTENTS ii

01730 Operating and Maintenance Data .................................... 01730-1 – 01730-3 01740 Warrantees and Bonds ..................................................... 01740-1 – 01740-2

DIVISION 2 – DIVISION 33

02411 Selective Demolition ......................................................... 02411-1 – 02411-6

ATTACHMENTS

Drawings

G COVER PAGE, GENERAL NOTES, MATERIAL SPECIFICATIONS

A PLANS, SECTIONS & ELEVATIONS

Ordinance 1-O-26, Responsible Bidder Ordinance………………… ... 21 Prevailing Wages DemandStar E-bidding Information

*NOTE: THE SELECTED BIDDER WILL BE SUBJECT TO THE REGULATIONS

CONTAINED IN CITY OF EVANSTON ORDINANCE 60-O-14 AMENDMENTS TO THE

LOCAL EMPLOYMENT PROGRAM (LEP) AND ORDINANCE 1-O-26THE

RESPONSIBLE BIDDER ORDINANCE

NOTICE TO BIDDERS 1

NOTICE TO BIDDERS

The City’s Purchasing Office will receive bids until 2:00 P.M. local time Tuesday, May 19, 2026, and will be publicly read virtually via Google Meets at 2:15 P.M. Interested parties can use the following link: meet.google.com/erk-vjyw-pza or join by phone 617-675-4444 PIN: 491 020 418 0044# to access the virtual bid opening. Responses will only be accepted electronically via E-bidding through DemandStar (www.demandstar.com).

Although registration is required, vendors can download solicitations and upload responses for free. Bids shall cover the following:

Bid Number: 26-27

Work on this project includes the addition of storage closets and a walk-in freezer to the Robert Crown Center, located at 1801 Main St, Evanston, Illinois.

A non-mandatory pre-bid meeting will be held at the project site: 1801 Main St, Evanston, IL 60202, at 9:00 A.M. on Thursday, April 30, 2026. The above item shall conform to the Invitation for Bids on file in the Purchasing Office. Parties interested in submitting a bid should contact the Purchasing Office to receive a copy of the bid or see the City’s website at: www.cityofevanston.org/business/bids_proposals.php or DemandStar at:

www.demandstar.com.

The City of Evanston (the City) in accordance with the laws of the State of Illinois, hereby notifies all Bidders that it will affirmatively ensure that the contract(s) entered into pursuant to this Notice will be awarded to the successful Bidders without discrimination on the ground of race, color, religion, sex, age, sexual orientation, marital status, disability, familial status or national origin. The State of Illinois requires under Public Works contracts that the general prevailing rate of wages in this locality be paid for each craft or type of worker hereunder. This requirement is in accordance with the Prevailing Wage Act (820 ILCS 130) as amended. The City of Evanston reserves the right to reject any or all submittals or to accept the submittal(s) deemed most advantageous to the City.

The Evanston City Council also reserves the right to award the contract to an Evanston firm if that firm's bid is within 5% of the low bid.

Each Bidder shall be required to submit with their bid a disclosure of ownership interest statement form in accordance with the provisions of City Code Section 1-18-1 et seq. Failure to submit such information will result in the disqualification of such bid.

Tammi Nunez Purchasing Manager

NOTICE TO BIDDERS 2

RENOVATIONS

INSTRUCTIONS TO BIDDERS 1

INSTRUCTIONS TO BIDDERS/REQUIREMENTS FOR BIDDING

(CONTRACTS OVER $25,000)

1. ONLINE NOTIFICATION OF SOLICITATIONS

The City is utilizing Demandstar.com (www.demandstar.com) for online notification purposes only for sealed bids when it is anticipated that the amount of the resulting contract will be in excess of its formal bid limit of $25,000, such as this requirement. Interested Bidders are required to submit a sealed bid to the City by the date/time indicated for this requirement on the forms provided by the City.

2. SUBMISSION OF BIDS

A. The City of Evanston will no longer accept hard copy paper submittals for any solicitation. Responses will only be accepted electronically via E-bidding through DemandStar (WWW.DEMANDSTAR.COM). Although registration is required, vendors can download solicitations and upload bid responses for free. Please refer to the attached DemandStar E-bidding documents.

B. ANY BIDS RECEIVED AFTER THE TIME AND DATE SPECIFIED FOR THE

RECEIPT OF BIDS WILL NOT BE ACCEPTED. It is the sole responsibility of the Bidder to ensure that his or her bid is delivered by the stated bid opening time. THE

CITY IS NOT RESPONSIBLE FOR INCOMPLETE UPLOADED SUBMITTALS.

C. Bids will be opened on the date and time stated.

D. Any Bidder may withdraw his or her bid by letter or with proper identification by personally securing his or her bid at any time prior to the stated bid opening time. No telephone request for withdrawal of bids will be honored.

3. PREPARATION OF BIDS

The Bidder must prepare the bid on the attached bid forms. Unless otherwise stated, all blank spaces on the bid form or pages must be filled in. Either a unit price, lump sum price, or a "no-bid", as the case may be, must be stated for each and every item and must be either typed in or written in ink.

4. SIGNING OF BIDS

A. Bids which are signed for a partnership should be signed in the firm’s name by all partners or in the firm’s name by Attorney-in-Fact. If signed by Attorney-in-Fact, there should be attached to the bid a Power of Attorney evidencing authority to sign the bid, dated the same date as the bid and executed by all partners of the firm.

B. Bids which are signed for a corporation should have the correct corporate name thereon and signature of an authorized officer of the corporation manually written below the corporate name following words "By: “_____" title of office held by the person signing for corporation, which shall appear below signature of an officer.

INSTRUCTIONS TO BIDDERS 2

C. Bids which are signed by an individual doing business under a fictitious name should be signed in the name of the individual "doing business as. ______.”

D. The name of each person signing the bid shall be typed or printed below his or her signature.

5. CONSIDERATION OF BIDS

The Purchasing Specialist shall represent and act for the City in all matters pertaining to this bid and the contract in conjunction therewith.

6. WITHDRAWAL OF BIDS

Bidders may withdraw or cancel their bids at any time prior to the advertised bid opening time. After the bid opening time, no bid shall be withdrawn or canceled for a period of sixty (60) calendar days. When contract approval is required by another agency, such as the Federal Government or the State of Illinois, no bid shall be withdrawn or canceled for a period of ninety (90) calendar days.

7. ERRORS IN BIDS

Bidders are cautioned to verify their bids before submission. Negligence on the part of the respondent in preparing the bid confers no right for withdrawal or modification of the bid after it has been opened. In case of error in the extension of prices in the bid, unit prices will govern.

8. ADDENDA

A. Any and all changes to the specifications/plans are valid only if they are included by written addendum to all Bidders. Each Bidder must acknowledge receipt of any addenda by indicating on the Bid form. Each Bidder, by acknowledging receipt of any addenda, is responsible for the contents of the addenda and any changes to the bid therein. Failure to acknowledge any addenda may cause the bid to be rejected.

B. Addenda information is available over the internet at: City of Evanston Notices to

Bidders or www.demandstar.com, or by contacting the Purchasing Office.

9. RESERVED RIGHTS

The City of Evanston reserves the right at any time and for any reason to cancel his or her solicitation, to accept or reject any or all bids or any portion thereof, or to accept an alternate response. The City reserves the right to waive any immaterial defect in any response. The City may seek clarification from any respondent at any time, and failure to respond within a reasonable time period, or as otherwise directed, will be cause for rejection.

10. AWARD

It is the intent of the City to award a contract to the lowest responsible Bidder meeting specifications. The City reserves the right to determine the lowest

INSTRUCTIONS TO BIDDERS 3

responsible Bidder on the basis of an individual item, groups of items, or in any way determined to be in the best interest of the City. Award will be based on the following factors (where applicable): (a) adherence to all conditions and requirements of the bid specifications; (b) price; (c) qualifications of the Bidder, including past performance, financial responsibility, general reputation, experience, service capabilities, and facilities; (d) delivery or completion date; (e) product appearance, workmanship, finish, taste, feel, overall quality, and results of product testing; (f) maintenance costs and warranty provisions; and (g) repurchase or residual value.

11. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

Bidder’s shall promptly notify the City of any ambiguity, inconsistency, or error that they discover upon examination of the bidding documents. Interpretations, corrections, and changes will be made by addendum. Each Bidder shall ascertain prior to submitting a bid that all addenda have been received and are acknowledged in the bid.

12. INCONSISTENCIES AND OMISSIONS

These specifications and the accompanying plans, if any, are intended to include all information necessary for the work contemplated. If, by inadvertence or otherwise, the plans or specifications omit some information necessary for that purpose, the contractor shall, nevertheless, be required to perform such work at no additional cost to the City so that the project may be completed according to the true intent and purpose of the plans and specifications.

13. CONDITIONS

Bidders are advised to become familiar with all conditions, instructions, and specifications governing his or her bid. Once the award has been made, failure to have read all the conditions, instructions and specifications of this contract shall not permit the Bidder to amend contract or to request additional compensation.

14. VERIFICATIONS OF DATA

A. It is understood and agreed that the unit quantities given in these specifications are approximate only, and the contractor shall verify these quantities before bidding as no claim shall be made against the City on, or account of, any excess or deficiency in the same.

B. The contractor shall have visited the premises and determined for itself, by actual observation, boring, test holes, or other means, the nature of all soil and water conditions (both above and below ground in the line of work) that may be encountered in all construction work under this contract. The cost of all such inspection, borings, etc. shall be borne by the contractor, and no allowance will be made for the failure of the contractor to estimate correctly the difficulties attending the execution of the work.

15. SPECIFICATIONS

Reference to brand names and numbers is meant to be descriptive, not restrictive, INSTRUCTIONS TO BIDDERS 4 unless otherwise specified. Bids on equivalent items will be considered, provided the Bidder clearly states exactly what is proposed to be furnished, including complete specifications. Unless the Bidder specifies otherwise, it is understood the Bidder is offering a referenced brand item as specified or is bidding as specified when no brand is referenced, and does not propose to furnish an “equal.” The City reserves the right to determine whether a substitute offer is equivalent to, and meets the standard of quality indicated by the brand name and number.

16. SAMPLES

When samples of items are called for by the specifications, samples must be furnished free of expense, and if not destroyed in the evaluation process will be returned at the Bidder’s expense upon request. Request for the return of samples must accompany the sample and must include a UPS/Fed-Ex Pickup Slip, postage, or other acceptable mode of return. Individual samples must be labeled with Bidder’s name, invitation number, item reference, manufacturer’s brand name and number.

17. REGULATORY COMPLIANCE

Each Bidder represents and warrants that the goods or services furnished hereunder (including all labels, packages and containers for said goods) comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State, and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act as amended, with respect to design, construction, manufacture, or use for their intended purpose of said goods or services. Each Bidder must furnish a “Material Safety Data Sheet” in compliance with the Illinois Toxic Substances Disclosure to Employees Act when required.

18. PRICING

The price quoted for each item is the full purchase price, including delivery to destination, and includes all transportation and handling charges, materials or service costs, patent royalties, and all other overhead charges of every kind and nature. Unless otherwise specified, prices shall remain firm for the contract period.

19. DISCOUNTS

Prices quoted must be net after deducting all trade and quantity discounts. Where cash discounts for prompt payment are offered, the discount period shall begin with the date of receipt of a correct invoice or receipt or final acceptance of goods, whichever is later.

20. INSPECTION

Materials or equipment purchased are subject to inspection and approval at the City’s destination. The City reserves the right to reject and refuse acceptance of items which are not in accordance with the instructions, specifications, drawings or data of Seller’s warranty (express or implied). Rejected materials or equipment shall be removed by, or at the expense of, the Seller promptly after rejection.

INSTRUCTIONS TO BIDDERS 5

21. BIDS AND PLAN DEPOSITS

A. When required on the cover sheet, all bids shall be accompanied by a bid deposit in the amount specified. Bid deposits shall be in the form of cash, a certified check, or cashier's check drawn on a responsible bank doing business in the United States and shall be made payable to the City of Evanston. Bid Bonds are also acceptable. All bids not accompanied by a bid deposit, when required, will be rejected.

B. The City will return the bid deposits of all but the 3 lowest qualified Bidders, whose deposit will be held until contract award or at the expiration of the sixty-day or ninety-day period for bid award.

C. The bid deposit of the successful Bidder will be retained until contract documents have been executed and the Contractor has submitted all the required information. Failure to comply with the terms of this specification may be cause for forfeiture of said deposit.

D. When required, plan deposits will be refunded should the plans be returned in good condition within 10 days of the bid opening.

22. DISPUTES

Any dispute concerning a question of fact arising under this bid shall be decided by the Purchasing Specialist, who shall issue a written decision to the Bidder. The decision of the Purchasing Specialist shall be final and binding.

23. CATALOGS

Each Bidder shall submit, when requested by the Purchasing Specialist, catalogs, descriptive literature, and detailed drawings, fully detailing features, designs, construction, appointments, finishes and the like not covered in the specifications, necessary to fully describe the material or work proposed to be furnished.

24. TAXES

A. Federal Excise Tax does not apply to materials purchased by the City of Evanston by virtue of Exemption Certificate No. A-208762, Illinois Retailers' Occupation Tax, Use Tax, and Municipal Retailers' Occupation Tax do not apply to materials or services purchased by the City of Evanston by virtue of Statute.

B. The City of Evanston is exempt from Illinois Sales Tax by virtue of Exemption

Identification number E9998-1750.

C. The City’s federal tax ID number is 36-6005870.

25. PERMITS & FEES

All Bidders awarded a contract must secure and pay for any licenses required by the City of Evanston. Necessary building permits will be required, but all permit fees will be waived and moneys for same must not be included in any bid.

26. ROYALTIES & PATENTS

Seller must pay all royalties and license fees. Seller must defend all suits or claims

INSTRUCTIONS TO BIDDERS 6

for infringement of any patent, copyright or trademark rights, and must hold the City harmless from loss on account thereof.

27. LOCAL PREFERENCE POLICY

The Evanston City Council reserves the right to award the contract to an Evanston firm if the firm’s bid is within five (5%) percent of the low bid of a non-Evanston firm.

28. RESPONSIBLE BIDDER POLICY______________________________________

All contractors must follow the requirements of Ordinance 1-O-26, the City’s Responsible Bidder Ordinance. Ordinance 1-O-26 is attached hereto for reference. The following items are required of all contractors:

• Local Employment Program (LEP): Contractors must ensure that at least 15% of total on-site work hours are performed by Evanston residents and that at least one Evanston resident is hired. These obligations apply across all tiers of subcontractors and must be documented.

• Apprenticeship Training Program: Bidders shall submit evidence of enrollment in a U.S. Department of Labor registered Apprenticeship Training Program for each construction craft performed. These programs must have graduated at least five apprentices in each of the last five years.

• Minimum Performance Threshold: Named bidder must directly perform at least 25% of project services. Affiliates or subsidiaries do not count toward this percentage.

• Commercially Useful Function: All contractors and subcontractors must actively manage and perform contract work.

Excessive subcontracting or pass-through participation may result in disqualification.

• Subcontractor Disclosure: Submit the name, address, and documentation for all subcontractors with bid. Each subcontractor must comply with all requirements set forth in this template.

29. POWER OF ATTORNEY

An Attorney-In-Fact, who signs any and all of the bond or contract bonds submitted with this bid, must file with each bond a certified and effectively dated copy of their Power of Attorney. These dates should be the same or after the date of the contract.

30. WARRANTY

A. The contractor warrants that all goods and services furnished to the City shall be in accordance with specifications and free from any defects of workmanship and materials: that goods furnished to the City shall be merchantable and fit for the City's described purposes, and that no governmental law, regulation, order, or rule has been violated in the manufacture or sale of such goods.

INSTRUCTIONS TO BIDDERS 7

B. The contractor warrants all equipment furnished to be in acceptable condition, and to operate satisfactorily for a period of one (1) year from delivery of, or the completion of installation, whichever is latest, unless stated otherwise in the specifications, and that if a defect in workmanship and/or quality of materials are evidenced in this period, the Seller shall remit full credit, replace, or repair at City's discretion immediately, such equipment and/or parts that are defective at no additional cost to the City.

C. The contractor warrants to the City that each item furnished hereunder, and any component part thereof, will be new and in conformity with the specifications in all respects, unless otherwise specified, and is of the best quality of its respective kind, free from faulty workmanship, materials, or design, and installed sufficiently to fulfill any operating conditions specified by the City.

D. The contractor shall repair or replace any item or component part thereof found not to be in conformity with this paragraph provided the City notified the Seller of such nonconformity within one (1) year after initial use or within eighteen (18) months after delivery, whichever occurs first. In the event Seller fails to proceed diligently to so replace or repair within a reasonable time after receipt of such notice, the City may undertake or complete such replacement or repair for Seller's account, and the seller will be responsible for any additional costs. Acceptance shall not relieve the seller of its responsibility.

31. INCURRED COSTS

The City will not be liable for any costs incurred by Bidders in replying to this invitation for bids.

32. VARIANCES

Each Bidder must state or list by reference any variations to specifications, terms and/or conditions set forth herein with its bid.

33. INDEMNIFICATION

A. The awarded Bidder/Contractor shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Contractor or Contractor’s sub-contractors, employees, agents or sub-contractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement.

B. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them.

INSTRUCTIONS TO BIDDERS 8

The Contractor shall be liable for the reasonable costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq.

C. At the City Corporation Counsel’s option, Contractor must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Contractor of any of its obligations under this Agreement.

Any settlement of any claim or suit related to this Project by Contractor must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City.

D. To the extent permissible by law, Contractor waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Contractor that may be subject to the Illinois Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute.

E. The Contractor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its sub-contractors’ work. Acceptance of the work by the City will not relieve the Contractor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom.

F. All provisions of this Section 32 shall survive completion, expiration, or termination of this Agreement.

34. DEFAULT

Time is of the essence as to the awarded contract and, of delivery or acceptable items or rending of services is not completed by the time promised, the City reserves the right, without liability, in addition to its other rights and remedies, to terminate the contract by notice effective when received by Seller, as to stated items not yet shipped or services not yet rendered and to purchase substitute items or services elsewhere and charge the Seller with all losses incurred. The City shall be entitled to recover its attorney’s fees and expenses in any successful action by the City to enforce this contract.

35. GOVERNING LAW

This contract shall be governed by and construed according to the laws of the

INSTRUCTIONS TO BIDDERS 9

State of Illinois. In the event of litigation, the venue will be Cook County, Illinois.

36. EQUAL EMPLOYMENT OPPORTUNITY

A. In the event of the contractor's noncompliance with any provision of the Illinois Human Rights Act or Section 1-12-5 of the Evanston City Code, the contractor may be declared non-responsible and therefore ineligible for future contracts or sub-contracts with the City of Evanston, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by Statute or regulation.

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

1. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or ancestry, or age or physical or mental handicap that does not impair ability to work, 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. Contractor shall comply with all requirements of City of Evanston Code Section 1-12-5.

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

3. That, if it hires additional employees in order to perform this contract, or any portion hereof, it will determine that availability (in accordance with the Fair Employment Commission's Rules and Regulations for Public Contracts) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized.

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

5. That it will submit reports as required by the Illinois Fair Employment Practices

Commission's Rules and Regulations for Public Contracts, furnish all relevant information as may from time to time be requested by the Fair Employment

INSTRUCTIONS TO BIDDERS 10

Practices Commission or the contracting agency, and in all respects comply with the Illinois Fair Employment Practices Commission's Rules and regulations for Public Contracts.

6. That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency, the City Manager, the Commission and the Illinois Fair Employment Practices Commission for purposes of investigation to ascertain compliance with the Illinois Fair Employment Practices Act and the Fair Employment Practices Act and the Fair Employment Practices Commission's Rules and Regulations for Public Contract.

7. That it will include verbatim or by reference the provisions of subsections (A) through (G) of this clause in every performance sub-contract as defined in Section 2.10(b) of the Fair Employment Practices Commission's Rules and Regulations for Public Contracts so that such provisions will be binding upon every such sub-contractor; and that it will also include the provisions of subsections (A), (E), (F), and (G) in every supply sub-contract as defined in Section 2.10(a) of the Fair Employment Practices Commission's Rules and Regulations for Public Contracts so that such provisions will be binding upon every such sub-contractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by all its sub-contractors; and further it will promptly notify the contracting agency and the Illinois Fair Employment Practices Commission in the event any sub-contractor fails or refuses to comply therewith. In addition, no contractor will utilize any sub-contractor declared by the Fair Employment Practices Commission to be non-responsible and therefore ineligible for contracts or sub-contracts with the State of Illinois or any of its political subdivisions or municipal corporations.

37. M/W/D/EBE GOAL

The City of Evanston has a goal of awarding 25% of its contracts to Minority- Owned, Women-Owned, Disadvantaged Enterprise, and Evanston-based businesses (M/W/D/EBEs). All Bidders must state the proposed involvement of M/W/D/EBEs in completing a portion of the services required by the City by completing the attached M/W/D/EBE forms. Any questions regarding M/W/D/EBE compliance should be submitted in writing to Tammi Nunez, Purchasing Manager at tnunez@cityofevanston.org.

38. LOCAL EMPLOYMENT PROGRAM REQUIREMENTS

In an effort to increase hiring of economically disadvantaged Evanston residents on certain City construction projects, the contractor shall comply with the provisions of the City of Evanston’s Local Employment Program Ordinance (LEP) set forth in Section 1-17-1 (C) of the Evanston City Code. The intent of the LEP is to have Evanston residents employed at the construction site as laborers, apprentices, and journeymen in such trades as electrical, HVAC, carpenters, masonry, concrete finishers, truck drivers, and other construction occupations

INSTRUCTIONS TO BIDDERS 11

necessary for the project. Any questions regarding LEP compliance should be submitted in writing to Jessica Cooper, the Workforce Development Coordinator at jcooper@cityofevanston.org or Tammi Nunez, Purchasing Manager at tnunez@cityofevanston.org.

NOTE: CITY OF EVANSTON ORDINANCE 60-O-14 AMENDMENT LOCAL

EMPLOYMENT PROGRAM (LEP) available on the city website at:

Ordinance 60-O-14 Amendment LEP

39. BIDDER SUBMITAL REQUIREMENTS FOR RESPONSIBLE BIDDER

ORDINANCE

Documentation or Certification

Description

OSHA Certification 10-hour or greater OSHA safety card copies for all employees on-site

Prevailing Wage Compliance

Statement confirming 5-year compliance with the Illinois Prevailing Wage Act

Substance Abuse Program

Copy of written program per 820 ILCS 265/1

Workers’ Compensation Policy

Active policy and classification documentation

UI Act Registration IDES current registration

Corporate Status Illinois Secretary of State Business Services record

Tax and Legal Disclosures

List of liens, judgments, or violations from the last 5 years

Business Licenses Copies of all relevant licenses with current status

Statement of Similar Projects

Last 5 years’ public works projects with references

Performance History Public body contracts completed in the last 3 years

Subcontractor Information

Full documentation for each subcontractor

Sam.gov ID Number ID Number to be used on projects with State or Federal Funding

If applicable, compliance documentation under:

• Davis-Bacon and Related Acts

• Employee Certification Act

• 720 ILCS 5/33-11 Anti-Bid Rigging Certification

Additional contractor responsibilities include:

• Submission of certified payrolls within five (5) working days of each pay period end Identification of all employees by name, address, craft, status, and hire date

• Documentation that all employees are properly classified and licensed

INSTRUCTIONS TO BIDDERS 12

• Notification within two (2) business days of any resident employee resignations or terminations

• Replacement of Evanston resident employees within five (5) business days to avoid penalties

• Provision of required documentation prior to any subcontractor commencing work

Failure to meet these requirements may result in penalties of up to 1% of the approved project price and may jeopardize future eligibility for City contracts.

40. PROJECT LABOR AGREEMENT NOTICE (if required)____________________

A Project Labor Agreement (PLA) may be required. If so, all successful bidders must become signatories to the PLA for the duration of the project.

There is no requirement to affiliate with a union, and non-union bidders are fully eligible.

41. QUESTIONS

All questions related to this bid document should be submitted in writing to Tammi Nunez, Purchasing Manager at tnunez@cityofevanston.org, with a copy to Tim Kirkby at tkirkby@cityofevanston.org. Only inquiries received a minimum of seven

(7) working days prior to the date set for the opening of bids will be given any consideration.

42. COORDINATION OF EXISTING SITE WITH DRAWINGS

A. Before submitting a bid, bidders shall carefully examine the drawings and specifications, visit the site, and fully inform themselves as to all conditions and limitations.

B. Should a bidder find discrepancies in, or omissions from the drawings or specifications, or should be in doubt as to their meaning, the bidder should at once notify the Purchasing Specialist, who will issue necessary instructions to all bidders in the form of an addendum.

43. AFFIRMATIVE ACTION IN SUB-CONTRACTING (EXCERPT FROM

RESOLUTION 59-R-73)

“Contractor agrees that he shall actively solicit bids for the sub-contracting of goods or services from qualified minority businesses. At the request of the City, Contractor shall furnish evidence of his compliance with this requirement of minority solicitation.

Contractor further agrees to consider the grant of sub-contracts to said minority bidders on the basis of substantially equal bids in the light most favorable to said minority businesses. Contractor further affirms that in obtaining his performance and bid bonds, he will seek out and use companies who have records of, and/or who will make commitments to, the bonding of minority contractors on a rate basis comparable to their bonding of similar non-minority contractors. The contractor may be required to submit this evidence as part of the bid or subsequent to it.”

INSTRUCTIONS TO BIDDERS 13

44. COMPLIANCE WITH LAWS

A. The bidder shall at all times observe and comply with all laws, ordinances and regulations of the Federal, State, Local and City Governments, which may in any manner affect the preparation of bids or the performance of the contract.

45. QUALIFICATION OF BIDDERS

A. All bidders must be qualified in accordance with the instructions, procedures and methods set forth in this specification.

B. In awarding contract, City may take into consideration, skill, facilities, capacity, experience, ability, responsibility, previous work, financial standing of bidder, amount of work being carried on by bidder, quality and efficiency of construction equipment proposed to be furnished, period of time within which proposed equipment is furnished and delivered, necessity of prompt and efficient completion of work herein described. Inability of any bidder to meet requirements mentioned above may be cause for rejection of the bid. In addition, if the project covered by this contract is a minority set-aside project, the contractor's qualifications as a minority firm will determine the eligibility of the contractor to bid.

46. COMPETENCY OF BIDDER

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

B. The bidder, if requested, must present within forty eight (48) hours evidence satisfactory to the Purchasing Manager of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications and contract documents.

47. PREFERENCE TO CITIZENS

The Contractor shall abide by the Illinois Preference Act, 30 ILCS 570 et seq., which stipulates that whenever there is a period of excessive unemployment in Illinois, defined as any month immediately following two (2) consecutive months during which the level of unemployment in Illinois exceeds five percent (5%) as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers unless otherwise exempted as so stated in the Act. (“Illinois laborer” means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident) Other laborers may be used IF Illinois laborers are not available or are incapable of performing the particular type of work involved if so certified by the Contractor and approved by the project engineer.

GENERAL CONDITIONS 1

GENERAL CONDITIONS

1. BASIS OF AWARD

The City of Evanston reserves the right to award a contract to a responsive and responsible Bidder(s) who submits the lowest total bid, or to reject any or all bids and bidding, when in its opinion the best interest of the City will be served by such action. The City reserves the right to consider the specified alternates in its evaluation of the bids.

2. BIDS

A. LUMP SUM BID

1. The bidder is to submit a lump sum bid for each bid line on the Bid Form, which includes all costs incidental to performing the specified work. It is understood and agreed that the unit quantities given in the supporting pages are approximate only and the bidder shall verify these quantities before bidding as no claim shall be made against the City on account of any excess or deficiency in the same.

2. Unit prices given in the supporting pages shall be used by the City and the Contractor for any subsequent changes in the contract.

3. QUANTITIES

Any quantities shown on the Bid Form are estimated only for bid canvassing purposes, the City has made a good faith effort to estimate the quantity requirements for the Contract term. The City reserves the right to increase or decrease quantities ordered under this contract.

4. CONTRACT TERM

Bidder must fully complete the work within the period specified herein after award of the contract by the City.

5. NOTICE TO PROCEED/ PURCHASE ORDER/ CONTRACT

A. The City issued Purchase Order serves as the City official Notice to Proceed. No work will be allowed prior to Contractor receipt of the City issued Purchase Order.

B. Upon approval of the required bonds and insurance documents, the City will issue a Purchase Order to the Contractor for the contract amount. All Applications for Payment must reference the Purchase Order number.

C. When it is necessary to issue a Change Order that increases/decreases the contract amount, a Change Order form will be issued and a modified Purchase Order will be issued reflecting the revised contract amount.

D. When it is necessary to issue a Change Order that only increases/decreases the contract period, only a Change Order form will be issued, establishing the revised

GENERAL CONDITIONS 2

contract period.

E. Upon Award the contractor shall execute the Contractor Services Agreement.

6. PAYMENT

A. Progress payments will be made in accordance with “Applications for Payment” and “Project Closeout” sections of the specifications, before 50% completion, less a 10% retainage for each payment; at or after 50% completion, less a 5% retainage for each payment, which will be held until final acceptance of the work by the City. Certification of each Application for Payment will be made by the City’s representative.

B. All payments will be made in accordance with Illinois Local Government Prompt Payment Act.

7. DECISIONS TO WITHHOLD CERTIFICATION FOR PAYMENT

A. The City may not certify payment and may withhold payment in whole or in part, to the extent reasonably necessary to protect the City, if the quality of the work is not in accordance with the contract documents. If the City is unable to certify payment in the amount of the invoice, the City will promptly issue payment for the amount of the Work completed in accordance with the contract documents. The City may not certify payment due to any contractor negligence or contract non-compliance.

a. Defective work not remedied

b. Third party claims filed or reasonable evidence indicating probable filing of such claims

c. Failure of Contractor to make payments properly to Sub-contractors for labor, materials or equipment

d. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum

e. Damage to the City or another contractor

f. Reasonable evidence that the work will not be completed within the Contract period and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay

g. Persistent failure to carry out work in accordance with the Contract Documents.

8. CHANGES IN WORK

A. The City reserves the right to make changes in the plans and specifications by altering, adding to, or deducting from the work, without invalidating the contract. All such changes shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change.

B. No change shall be made unless a written Change Order and/or modified Purchase

Order is issued by the City stating that the City has authorized the change, and no claim for an addition to the contract shall be valid unless so ordered.

GENERAL CONDITIONS 3

C. If such changes diminish the quantity of work to be done they shall not constitute a claim for damage or anticipated profits on the work, such increase shall be paid in one or more of the following ways:

1. by estimate and acceptance in lump sum

2. by unit prices named in the contract’s bid form or subsequently agreed upon

9. DEDUCTION FOR UNCORRECTED WORK

If the City deems it expedient to correct work damaged or not done in accordance with the contract, the difference in value, together with a fair allowance for damage shall be deducted from the contract amount due. The value of such deduction shall be determined by the City.

10. CITY’S RIGHT TO TERMINATE CONTRACT

The City reserves the right, in addition to other rights to termination, to terminate the contracts in accordance with all provisions of the executed contract.

11. LIENS

A. Neither the final payment nor any part of any retained percentages, shall become due until the contractor, if required, delivers to the City, a complete release of all liens arising out of this contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as it has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed. If any lien remains unsatisfied after all payments are made the contractor shall refund to the City all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and attorney's fees.

12. SEPARATE CONTRACTS

A. The City reserves the right to let other contracts in connection with this work. The contractor shall afford other contractors’ reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his or her work with theirs. If any part of the contractor's work depends on proper execution or results upon the work of any other contractor, the contractor shall inspect and promptly report to the City any defects in such work that render it unsuitable for such proper execution and results. His or her failure to so inspect and report shall constitute an acceptance of other contractor's work as fit and proper.

B. To insure the proper execution of his or her subsequent work, the contractor shall measure work already in place and shall at once report to the City any discrepancy between the executed work and the drawings which will affect his or her work.

13. PROTECTION & SAFEGUARDS

A. Unless otherwise specified, the contractor, as a part of this contract, shall provide, erect, and maintain temporary roads, fences, bracing, lights, warning signs, GENERAL CONDITIONS 4 barricades, etc. necessary for the protection of the construction materials, adjacent property and the public.

B. The contractor shall contact all utilities which will be affected by its operations and notify the owners of the utilities of its operations and their limits within forty-eight (48) hours prior to beginning construction. The contractor shall be responsible for damage to utilities and shall, at his or her own expense, restore such property to a condition equal to that which existed before its work, as may be directed by the owners.

C. The contractor shall protect all work and unused materials of this contract from any and all damage and shall be solely responsible for the condition of such work and materials.

14. MATERIAL STORAGE

A. On-site areas may be designated for material/equipment storage. The contractor will assume all risk and liability associated with the storage of material/equipment at on-site locations.

15. CLEANING UP

A. The contractor shall at all time keep the premises free from accumulation of waste material or rubbish caused by its employees or work and at the completion of the work it shall remove all its rubbish, tools, and surplus materials from the premises, leaving the area in a neat and workmanlike condition. In case of dispute, the City may remove the rubbish and charge the cost to the contractor.

B. Contractor recognizes that proper cleanup and removal of construction debris is an important safety consideration. The Contractor shall be solely responsible for daily construction site/area cleanup and removal of all construction debris in accordance with City-approved disposal practices. Contractor shall be solely responsible for identifying and removing at its expense all hazardous material and waste which it uses and generates.

16. RESTORATION OF SITE

A.…