city of wheaton 26-167-parkway tree planting.pdf

NOTICE TO BIDDERS

INVITATION TO BID #26-167

CITY OF WHEATON 2027-2029 PARKWAY TREE PLANTING PROGRAM

Notice to Bidders

Issue Date: July 27, 2026

Last Date for Questions: No later than August 4, 2026, at 11:00 am (CST)

Due Date: No later than August 12, 2026, at 11:00 am (CST)

Bid Opening: August 12, 2026, at 11:00 am (CST) at Wheaton City Hall located at

303 W. Wesley Street, Wheaton IL 60187 in the Conley Meeting Room (lower level).

Prevailing Wages: Prevailing Wage Act (820 ILCS 130/1-12)

☐DOES APPLY

☒DOES NOT APPLY

To be considered responsive, the following documents shall be included with your submittal:

Bid Bond 10% (Original Required) Certificate of Insurance (as proof of insurance) Cost Proposal Form (Exhibit D)

Notice of Deviations Form (Exhibit E) Listing of Subcontractors, Consultants, and Agents Form (Exhibit F) References Form (Exhibit G)

Vendor Certification Form (Exhibit H) Vendor Information Reporting Form (Exhibit I)

The successful Vendor will be required to submit the following additional documents:

• Certificate of Insurance with signed endorsements

• Performance and Payment Bond

• Signed Agreement

EXHIBIT A

CITY OF WHEATON 2027-2029 PARKWAY TREE PLANTING PROGRAM

Scope of Services

INTRODUCTION

The City of Wheaton is accepting competitive sealed bids for the Parkway Tree Planting Program to plant trees in open parkway spaces throughout the City.

SCOPE OF SERVICES

The Parkway Tree Planting Program includes the supply, delivery, hole excavation, planting, backfilling, mulching, of each tree species and a one-year warranty. The intention of these specifications is to describe the minimum requirements for furnishing, delivering, and planting balled and bur lapped trees to the City of Wheaton.

CONTRACT TERM & EXTENSIONS

The term of the proposed contract will be from January 1, 2027, to December 31, 2029. The City, in its option, may extend this agreement for two (2) additional one-year terms at the extension year pricing submitted on Exhibit D - Cost Proposal Form.

TREE SPECIFICATIONS

Size All trees shall be measured in accordance with "American Standards for Nursery Stock" as published by the American Association of Nurserymen, Inc., and shall be a minimum 2" diameter.

Quality of Stock

• All trees shall have comparatively straight trunks and well-developed leaders. The tops and roots shall be characteristic of the species, and both show evidence of proper nursery pruning.

• All trees shall be suitable for planting as street trees with one center leader and to be free of branches to a point about 50% of their height. The height of branching shall bear a relationship to the size and kind of tree and the crown of the tree shall be in balance with the trunk as the tree grows.

• All trees shall be free of insects, disease, mechanical injury, and any other objectionable features.

• ALL TREES SHALL BE SUBJECT TO INSPECTION AND SELECTION BY THE CITY BEFORE

FINAL ACCEPTANCE IS MADE.

• The location for tree inspection must be within 150 miles (as defined by Google Maps) from 821 West Liberty Drive, Wheaton, IL. 60187.

• Nurseries beyond this distance are considered beyond the “local grown” area.

WARRANTY

Trees shall be warranted until September 1 of the following growing season.

TREE PLANTING

• Prior to any planting, the successful Contractor will meet with the Project Manager to clarify locations and planting requirements.

• Planting locations to be marked by the City of Wheaton.

CITY OF WHEATON 2027-2029 PARKWAY TREE PLANTING PROGRAM

Scope of Services

a. All locations will be on the public right-of-way.

b. All locations for tree planting are free of stumps and debris.

c. Specific locations will be provided to the successful bidder upon Agreement approval.

• Contractor is responsible for calling J.U.L.I.E.

• Planting hole is to be twice the width of the root ball and sloped on the sides.

• Hole is to be at depth so that the root flare is 2 to 3 inches above grade.

• Wire baskets should be removed.

• All burlap and roping are to be removed from the top 1/3 of the ball.

• Amending – should only be done with like material.

• Mulching – Trees to be mulched to a depth of 3 inches. Mulch is to be kept away from the trunk of the tree (no volcano mulching).

• Watering – The City will do all subsequent watering after planting.

• The City retains the right to schedule a spring, and or fall planting.

a. Planting schedule to be finalized during meeting with Project Manager.

b. Planting for some tree species may be scheduled for Spring or for Fall, or when temperature is more conducive for said species.

PRICE

All unit prices shall include shipping. The City will not pay separate freight charges.

QUANTITIES

The quantities indicated are current estimates and may change by the time of order placement.

Planting season Spring 2027 – 250 trees (est.)

Spring 2028 – 250 trees (est.)

Spring 2029 – 250 trees (est.)

Table A:

SPECIES

(2” Dia. Balled and Bur lapped)

Spring 2027

QTY

Spring 2028

QTY

Spring 2029

QTY

Acer miyabei – Statestreet Maple 20 20 20 Catalpa speciosa – Northern Catalpa 20 20 20 Celtis occidentalis – Common Hackberry 20 20 20 Ginkgo biloba – Ginkgo (Male) 20 20 20 Gleditsia triancanthos var. inermis – Honeylocust 20 20 20 Gymnocladus dioicus – Kentucky Coffeetree 20 20 20 Malus – Pink Flowering Variety 20 20 20 Quercus bicolor – Swamp White Oak 25 25 25 Quercus rubra – Northern Red Oak 25 25 25 Syringa reticulata – Ivory Silk Japanese Lilac 20 20 20

CITY OF WHEATON 2027-2029 PARKWAY TREE PLANTING PROGRAM

Scope of Services

Tilia americana – American Linden 20 20 20 Ulmus ‘Morton Glossy – Triumph Elm 20 20 20

TOTAL: 250 250 250

Table B: (2030-2031 Extension Years)

SPECIES

(2” Dia. Balled and Bur lapped)

Spring 2030 QTY (est.)

Spring 2031 QTY (est.)

Acer miyabei – Statestreet Maple 20 20 Catalpa speciosa – Northern Catalpa 20 20 Celtis occidentalis – Common Hackberry 20 20 Ginkgo biloba – Ginkgo (Male) 20 20 Gleditsia triancanthos var. inermis – Honeylocust 20 20 Gymnocladus dioicus – Kentucky Coffeetree 20 20 Malus – Pink Flowering Variety 20 20 Quercus bicolor – Swamp White Oak 25 25 Quercus rubra – Northern Red Oak 25 25 Syringa reticulata – Ivory Silk Japanese Lilac 20 20 Tilia americana – American Linden 20 20 Ulmus ‘Morton Glossy – Triumph Elm 20 20

TOTAL: 250 250

QUESTIONS

All questions or requests for clarification, either administrative or technical, about this Bid shall be submitted via email to Tony Sperkowski at asperkowski@wheaton.il.us prior to Tuesday August 4, 2026, at 11:00 am local time. Questions/clarifications will be responded to in the form of a written addenda and published on the City’s website.

COMPENSATION

The work shall be on a time and material basis.

WHERE TO SUBMIT BIDS

Submit your bid to:

Tony Sperkowski Procurement Officer

City of Wheaton 303 W. Wesley Street

Wheaton, IL 60187-0727

CITY OF WHEATON 2027-2029 PARKWAY TREE PLANTING PROGRAM

Scope of Services

All bids shall be submitted in a sealed package marked with the Bid number and title with the name and address of the vendor clearly marked. Emailed or faxed bids will not be accepted. An original Bid Bond shall be included with each bid submittal. Copies will not be accepted. Submittals must be received by Wednesday August 12, 2026, at 11:00 am local time.

PLEASE DO NOT SUBMIT PERFORATED PAGES, NOR BIND YOUR BID IN ANYTHING OTHER THAN

PAPER CLIPS OR BINDER CLIPS.

COSTS INCURRED IN RESPONDING

All costs incurred by the Vendor for bid preparation and participation in this competitive procurement will be the sole responsibility of the Vendor. The City will not reimburse any Vendors for such costs.

CONFIDENTIAL INFORMATION:

Vendors claiming any portion of their bid as proprietary or confidential must specifically identify what documents or portions of documents they consider confidential. Failure to do so may result in information becoming public record.

CITY’S CONTRACTED SERVICES AGREEMENT (EXHIBIT B)

The attached ‘Draft’ Contracted Services Agreement is the City’s standard agreement which specifically outlines the contractual liabilities and shall be used for this project. In submitting a bid, the Vendor agrees to enter into an agreement with the City of Wheaton utilizing the City’s standard Services Agreement.

BONDS

An original Bid Bond in the amount of 10% is required with each submittal. Performance and Payment Bonds are required upon award.

INSURANCE (EXHIBIT C)

The Vendor must carry and maintain adequate insurance consistent with the requirements listed in Exhibit C-Insurance Requirements. Provide a current Certificate of Insurance with bid as proof of insurance.

INVOICES

a. A schedule of dates when pay requests must be submitted will be determined at the preconstruction meeting.

b. All invoices must reflect the following applicable information: Contract Number, name of the Project, name of the Contractor, and the services/deliverables with the price depicted in the same format as the offer.

c. Lien waivers must be submitted with each invoice.

d. Invoices must be mailed to:

City of Wheaton Public Works Forestry c/o Jason Ackerlund

CITY OF WHEATON 2027-2029 PARKWAY TREE PLANTING PROGRAM

Scope of Services

821 West Liberty Drive Wheaton, IL 60187

PREVAILING WAGE ACT

Prevailing Wage Act (820 ILCS 130/1-12) ☐ DOES APPLY ☒DOES NOT APPLY

PROJECT CLOSE OUT

a. Verification of quality and completion of service

b. Completion of Punch List and all areas of non-compliance or incomplete tasks

c. Final Payment: Prior to authorization of Final Payment, the following documents must be submitted:

i. Completed Waivers and Liens

ii. All Certified Payrolls

iii. Documented completion of the Punch List

iv. Statements of Warranty

v. Written approval of the City’s Project Manager

THE CITY OF WHEATON RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS RECEIVED. THIS ITB DOES

NOT CONSTITUTE A BINDING OBLIGATION ON THE PART OF THE CITY TO AWARD A CONTRACT.

GENERAL INSTRUCTIONS REGARDING THE SOLICITATION OF

CONSTRUCTION AND CONTRACTED SERVICES

General Instructions Regarding the Solicitation of Construction and Contracted Services

Revised January 2026

Solicitations are open to all business firms actively engaged in providing the materials, equipment, and services specified and inferred. Active engagement will be verified via references. These General Instructions Regarding the Solicitation of Construction and Contracted Services apply to all solicitations for contracted services by the City of Wheaton and shall be incorporated as part of the written and signed Agreement with the successful Bidder along with any addenda items which are issued, unless otherwise specified.

For solicitations involving the IDOT “Standard Specifications for Road and Bridge Construction”:

Section 102 of the IDOT “Standard Specifications for Road and Bridge Construction,” (the “Standard Specifications”), Adopted January 1, 2022, pertaining to the advertisement, bidding, award, and contract execution shall not apply to this solicitation and contract. Where these General Instructions Regarding the Solicitation of Contracted Services (the “Solicitation Instructions”) are inconsistent with any provision of the IDOT Bureau of Local Roads and Streets Special Provision for Bidding Requirements and Conditions for Contract Proposals, these Solicitation Instructions shall control.

A. DEFINITIONS:

The following words and phrases, when used in these General Instructions Regarding Solicitations of

Construction and Contracted Services document shall have the meanings as specified herein.

A-1) Agreement: The written contract between the City and the Bidder covering the work or services to be performed, which includes all other documents that are attached to the Agreement or incorporated by reference and made a part thereof. It shall be understood that the words “Contract” and “Agreement” are synonymous in these documents.

A-2) Proposal or Bid: The complete and properly signed bid to do the work or services for the sum stipulated therein, submitted in accordance with the bidding or proposal documents. It shall be understood that the words “bid”, and “proposal” are synonymous in these instructions and in the Invitation to Bid documents.

A-3) Bidder/Proposer: The person, firm, or corporation submitting a bid or proposal.

A-4) City: The City of Wheaton, Illinois, an Illinois Municipal Corporation.

A-5) Offer: A signed Proposal or Bid that is timely delivered to the City.

A-6) Solicitation: The City’s request for an offer from a Bidder for the provision of work, services and/or goods. It shall be understood that the words “solicitation” and “invitation to bid” are synonymous in these instructions and in the Invitation to Bid documents.

B. SOLICITATION PROCESS:

The City intends to award a contract to a Bidder who has the experience and equipment to successfully complete the project or provide the service solicited. The Bidder shall be responsible for performing all work or services as outlined in the specifications contained within the Invitation to Bid and shall provide and furnish all labor, materials, equipment and supplies, vehicles, and transportation services required to perform and complete the required work or service in strict accordance with the Invitation to Bid documents. The Proposer desiring to furnish a Proposal or Bid for such work or services shall submit a sealed Bid in accordance with these General Instructions

CONSTRUCTION AND CONTRACTED SERVICES

Regarding the Solicitations of Construction and Contracted Services and all accompanying documents.

B-1) Documents:

a) TTThe City of Wheaton’s website is the official source for all documents related to this solicitation. The City is not responsible for documents distributed by any other source. The City will not transmit solicitation documents to prospective Bidders by way of a facsimile machine.

b) It is the responsibility of the Bidder to seek clarification of any requirement that may not be clear. This includes a review of all solicitation documents.

c) Questions concerning this request shall be submitted via e-mail to the attention of the Procurement Officer by the last date for questions as reflected on the Notice to Bidders document. A written response in the form of an addendum will be posted on the City’s website for all Proposers to download. It is the responsibility of the Proposer to review all addendums.

d) Any interpretation, correction or change of the solicitation documents will be made by published Addendum on the City’s website. Interpretations, correction, and changes to the solicitation documents made in any other manner will not be binding.

e) Bidders shall acknowledge the receipt of any addendum.

B-2) The Cone of Silence:

a) The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences.

b) During the period beginning with the issuance of the solicitation document through the execution of the award document, Bidders are prohibited from all communications regarding this solicitation with City staff, City consultants, City legal counsel, City agents, or elected officials.

c) Any attempt by a Bidder to influence a member or members of the aforementioned may be grounds to disqualify the Bidder from participation in this solicitation.

B-3) Exceptions to the Cone of Silence:

Exceptions to the Cone of Silence include:

a) Written communications directed to the Procurement Officer.

b) All communications occurring at pre-bid meetings.

c) Oral presentations during finalist interviews, negotiation proceedings, or site visits.

d) Oral presentations before publicly noticed committee meetings.

e) Contractors already on contract with the City to perform services for the City are allowed discussions necessary for the completion of an existing contract.

f) Procurement of goods or services for emergency situations.

B-4) Investigation:

a) The Bidder shall carefully examine all forms included in the solicitation package.

b) It shall be the responsibility of the Bidder to make any and all investigations necessary to become thoroughly informed of what is required and specified in the solicitation.

CONSTRUCTION AND CONTRACTED SERVICES

c) The Bidder shall inspect in detail the site of the proposed work or services and familiarize himself or herself with all the local conditions affecting the work or services and the detailed requirements of delivery, installation, or construction.

i) If the site of the work is an area restricted from the general public, an opportunity will be provided for Bidders to perform this inspection.

ii) If the site of the work is an area open to the general public, the Bidder may perform their inspection at a time of their choosing.

d) No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist, because of failure or omission on the part of the Bidder to make the necessary examinations and investigations, will be accepted as a basis for varying the requirements of the City or the compensation to the Bidder.

e) The submission of a Proposal shall be considered conclusive evidence that the Proposer has investigated and is satisfied as to all conditions to be encountered in performing the work or service, and is fully informed as to the character, quality, quantities, and costs of the work or services to be performed and materials to be furnished, and as to the requirements of the solicitation.

B-5) Offers:

a) Offers including goods or equipment must include Manufacturer’s warranties, and/or guarantees.

b) Offers including service during the warranty/guarantee period must include, in writing, any restrictions, and/or associated costs.

c) FORMAL OFFERS must be submitted on the forms provided, completed in ink or typewritten, with all blank spaces filled in, properly signed in ink in the proper spaces and submitted in a sealed envelope and delivered to: City of Wheaton 303 W. Wesley St.-1st Floor Finance Counter, Wheaton, IL 60187 prior to the bid opening date and time.

d) Bidders may attach separate sheets of paper for the purpose of explanation, exception, or alternate proposal and to cover required unit prices. All such attachments must be no larger than 8.5 x 11 inches.

e) No erasures are permitted. Mistakes may be crossed out and corrections typed adjacent, initialed, and dated in ink by the person signing the offer.

f) Offers must reference the project name and date of the Bid opening. Documents should not utilize binders, folders, or papers larger than 8.5 x 11.

g) Bids shall be identified as such on the outside of the sealed envelope by marking the envelope “SEALED BID” and with the following information: Company name, address, item, or service proposing, date and time of opening.

h) Delivery of an offer is acceptance of the City’s Agreement. Proposals containing terms and conditions contrary to those specified may be considered non-responsive.

i) The City shall not accept an offer which is based upon any other offer, contract, or reference to any other document or numbers not included in the solicitation documents.

CONSTRUCTION AND CONTRACTED SERVICES

B-6) Order of Precedence:

a) Wherever requirements are in conflict, the order of precedence shall be as follows: City

Agreement, City Specifications, City Special Terms and Conditions, City General Terms and Conditions.

b) City requirements take precedence over Bidder’s offer.

B-7) Signatures as Offer:

a) Solicitation documents, including but not limited to completed bid certification forms, shall be signed by an officer or employee of the Bidder having the authority to bind the company or firm by signature. All signatures must be properly done in ink in the proper spaces.

i) Individuals or sole proprietorships shall be signed by a person with the authority to enter into legal binding contracts. Said individual shall use his/her usual signature.

ii) Partnerships shall be signed with the partnership name by one of the members of the partnership, or an authorized representative, followed by the signature and title of the person signing.

iii) Corporations shall be signed with the name of the corporation, followed by the signature and title of the person authorized to bind it in the matter, and shall be attested to by the corporate secretary or other authorized officer of the corporation.

b) The timely delivery of a signed bid is an offer to contract with the City based on the terms, conditions and specifications contained in the City’s Invitation to Bid.

c) If the offer is accepted, the Bidder shall be responsible for all errors in the offer resulting from the Bidder’s failure to comply with these instructions and the City shall not be responsible for any charge for extra work or change in anticipated profits resulting from such failure or neglect.

d) An accepted offer shall become part of the Agreement entered into between the City and Bidder.

B-8) Modification/Withdrawal of Offers:

a) A Bidder may correct, modify, or withdraw its offer by making a request in writing to the

City Procurement Officer prior to the time and date of bid opening.

b) All corrections and modifications must be delivered to the City Procurement Department in a sealed envelope with a notation on the envelope indicating that it contains a modification or correction to the original offer submitted, and identifying the bid by name, number, and opening date.

c) Offers may not be withdrawn or revised after the due date without the approval of the Procurement Officer.

d) Negligence in preparing an offer confers no right of withdrawal or cancellation after opening / due date.

CONSTRUCTION AND CONTRACTED SERVICES

B-9) Timeframe and Consequences:

a) It is the sole responsibility of the Bidder to ensure that the offer is received by the City

Procurement Department prior to the bid opening date and time stated on the Notice to Bidders.

b) Late offers will not be accepted or opened. Offers arriving after the specified bid opening date and time, whether sent by mail, courier, or in person, will not be accepted and will be refused and returned unopened. Any offer submitted to any other office or department of the City and received by the Procurement Department after the deadline for receipt of bids shall not be accepted. Mailed offers which are delivered after the specified bid opening date and time will not be accepted regardless of postmarked time on the envelope.

c) Unless otherwise specified in the solicitation, offers shall be binding for ninety (90) calendar days following the due date.

d) No responsibility will attach to the City Procurement Officer or to the City for the premature or non-opening of an offer not properly addressed and identified, except as otherwise provided by law.

B-10) Public Openings:

a) Formal sealed offers will be publicly opened at the time and location stated. The

Procurement Officer shall read the name of the Bidder and the offered price. After the opening an apparent low bid will be announced. The award will be based on analysis of costs, deviations, City budget, and approval by the City Council.

b) The City shall make every effort to publish the Results of Openings on the City’s website within approximately three (3) business days.

c) Bidders are encouraged to attend all openings and to offer constructive suggestions for improvements to the solicitation process, to increase competition, and ways in which the City may achieve greater savings and increased transparency.

d) Despite the reading of offers at a public opening, if the offers are thence rejected and thus subject to rebid, the read results will not be published and will be exempt from FOIA requests.

C. REQUIREMENTS:

C-1) Brand Names or Equal:

a) Specifications are prepared to describe the goods and services which the City deems to be in its best interests to meet its performance requirements. These specifications shall be considered the minimum standards expected of the contractor.

b) If an offer does not indicate deviations or alternatives to the specifications, the City shall assume the offer is fully compliant with all specifications.

CONSTRUCTION AND CONTRACTED SERVICES

c) Specifications are not intended to exclude potential contractors. Any reference in the City’s specifications to a brand name, manufacturer, trade name, catalog number or the like is descriptive, not restrictive, indicating materials that are satisfactory.

d) Consideration of other makes and models will be considered, provided the Bidder submits a request for pre-approval by the last date for questions stated on the Notice to Bidders.

The Bidder should state exactly what they propose and attach a cut sheet, illustration or other descriptive matter which will clearly indicate the character of the item. A written response in the form of a public addendum will be published on the City’s website.

C-2) Quantities:

a) All quantities represent an estimate of the quantity of the work to be done and/or materials to be ordered. It is given as a basis for comparison of offers and to determine the awarding of the Contract.

b) The City does not expressly or by implication agree that the actual quantities involved will correspond to the published estimate. The Bidder accepts that the quantities stated are estimates only and will not hold the City bound to said number.

c) The City reserves the right to modify the estimates, or remove them in their entirety, whichever is in the best interests of the City.

C-3) Bid Bonds:

a) When specifically requested by the City, the Bidder shall provide a Bid Bond / Bid Deposit of 10% of the full Contract price. NOTE: for solicitations involving IDOT specifications and special provisions, this amount supersedes any amount specified by the Illinois Department of Transportation’s Bureau of Local Roads and Streets (“BLRS”) Special Provisions for Bidding Requirements and Conditions for Contract Proposals as may be incorporated on IDOT Form BLR 12200 and as may otherwise be incorporated as a special provision in the contract documents.

b) If a Bid Bond (preferred), an original shall be submitted with the bid. If in the form of a certified check or a bank cashier's check, it is made payable to the City of Wheaton. Checks will be retained by the City until an award is fully executed, at which time the checks will be promptly returned to the unsuccessful Bidders.

c) The Bid Deposit check of the successful Bidder will be retained until the Contract has been executed and all required documents, including a Performance Bond if requested, are received.

d) The Bid Deposit check of the successful Bidder shall be forfeited to the City if the Bidder withdraws its offer, or neglects, refuses or is unable to enter into a Contract within five

(5) business days after Notice of Award.

e) If the Bidder chooses to use a Bid Bond, the Bid Bond must be in compliance with all bond requirements mandated by the State of Illinois.

C-4) Deviations to Requirements and Alternative Offers:

a) If the Bidder is unable to meet most of the specifications but believes their product/work/services will meet the needs of the City, the Bidder should submit an Alternate Bid and include material specification sheets, performance data, or other documentation justifying consideration.

CONSTRUCTION AND CONTRACTED SERVICES

b) If a Bidder plans to submit multiple offers, each offer must be packaged separately and identified on the outer envelope and on the cover page of the offer in a way that can be differentiated from the other offer(s).

c) The Procurement Officer reserves the right to make the final determination of compliance or whether any deviation or alternate is of an equivalent or better quality, and which offer can best meet the needs of the City. Such a determination shall be incorporated within the City’s recommendation to the City Council.

C-5) Environmental Requirements:

a) The City is committed to becoming a sustainable City that conserves its use of resources to optimize efficiency and minimize waste. The City is committed to providing services in an equitable manner for present and future generations.

b) Recycled Content Products: It is in the City’s interest to purchase products with the highest recycled material content feasible. 52TThe City requests that Bidders suggest recycled content products as alternatives.

c) Recycled Packing Material: The City desires that all shipping containers/packing material for equipment, materials and supplies delivered to the City contain no less than the specified minimum EPA percentage requirements of post-consumer recycled content.

Containers and packing material should show the recycled product logo and recycled content percentage information.

d) To help “Turn Wheaton Green,” the Bidder’s sustainability policy, as well as green initiatives for this solicitation, will be considered in the evaluation of the offer.

C-6) Price:

a) The price offered shall remain firm throughout the duration of the Contract.

b) Failure to record all requested breakdown of prices may result in disqualification. Unit price shall be shown for each unit specified. In case of mistake in extended price, unit price shall govern.

c) Price shall represent the entire cost of all requirements stated within the solicitation and Contract. No subsequent claim will be recognized for any surcharges, add on costs, increase in material prices, cost indexes, wage scales, fuel surcharges, freight costs, packaging or any other rates affecting the industry or this project.

C-7) For Projects Bid as Time and Material:

a) Time includes, but is not limited to, salaries, benefits, overtime, set-up, break-down, includes all costs associated with labor for this service.

b) Material includes, but is not limited to, goods, components, equipment, and includes all costs associated with all items necessary to complete this service.

c) Complete illustrative and technical data, drawings, and/or printed literature for the materials or equipment quoted should be included with the offer.

d) Overhead and Profit shall include all costs not covered under material or labor, such as fixed costs and taxes.

C-8) Discounts:

a) Discounts of less than thirty (30) days will not be considered in the evaluation.

b) Discounts for thirty (30) days or more may be considered in the evaluation.

CONSTRUCTION AND CONTRACTED SERVICES

c) Where the net offer is equal to an offer with a discount deducted, the award shall be made to the net offer.

d) Discounts will be figured from the date of receipt of a proper invoice or the approval of the quality of the product received or service completed – whichever is later.

C-9) Taxes:

a) The City is exempt by law from paying sales tax on goods, equipment, and products permanently incorporated into the project, from State and City Retailer's Occupation Tax, State Service Occupation Tax, State Use Tax and Federal Excise Tax. Unit prices shall not include any local, state, or federal taxes.

b) The City's Sales Tax Exemption Number is E99974312.

D. EVALUATION OF OFFERS:

D-1) Waivers and Rejection of Offers:

a) The City reserves the right to waive any informality, technical requirement, deficiency, or irregularity in the offer. The City may conduct discussions with Bidders to further clarify the offer as may be necessary. Correction of the offer shall be affected by submission within 4 hours (e-mail or fax) of a corrected page with changes documented and signed.

b) The City reserves the right to reject any and all offers in whole or in part, if it is in the public interest to do so, including, but not limited to: budgetary constraints, unclear solicitation documents, pricing aberrations, front end loading; mathematically unbalanced proposals/bids in which prices for some items are substantially out of proportion to comparable prices; materially unbalanced proposals in which material requirements for some items are substantially higher to comparable proposals; and other reasons deemed important to the City. The City further reserves the right to reject the Bid of any Bidder who, either in its own right or through an affiliation with another entity which the City has determined has not completed a prior project, whether with the City or elsewhere, because of the fault of the Bidder, its subcontractors or employees; has been declared in default on a prior contract whether with the City or elsewhere; has failed to complete a prior project in a timely fashion whether with the City or elsewhere; based on its work record, is not capable of performing the Contract whether due to lack of sufficient prior experience, as determined by the City, or any other reason; has a work record of its Subcontractors demanding direct payment from the owner; has a work record of its Subcontractors, employees, or material suppliers complaining to the City or other awarding authority regarding the Bidder’s failure to pay them; has a record of complaints made to the City or other awarding authority by persons offended by the behavior of the Bidder, its Subcontractors or employees; or has a record of its failure to comply with State of Illinois and/or City laws or requirements. “Work record” and “record” constitute a minimum of one event in the work history of the Bidder.

CONSTRUCTION AND CONTRACTED SERVICES

c) The City reserves the right to accept or reject any offer in which the Bidder names a total price for all the work without breaking down requested material costs, labor costs, and/or overhead and profit.

d) Multiple offers from an individual, firm, partnership, corporation, or association under the same or different names are subject to rejection unless specifically permitted in the solicitation. Reasonable grounds for believing that a Bidder is interested in more than one offer may result in rejection of all offers in which the Bidder is interested. Any or all offers will be rejected if there is any reason for believing that collusion exists.

e) Nothing in this section precludes a firm from acting as a subcontractor to be included as a subcontractor for two or more prime contractors submitting a proposal for work or services. However, a subcontractor may not submit a proposal as a prime contractor, and a prime contractor may not submit a proposal as a subcontractor.

f) If the City rejects all offers and concurrently provides notice of its intent to reissue the solicitation, the rejected offers remain exempt from FOIA disclosure requirements until the City awards or rejects the reissued solicitation.

D-2) Receipt of One (or too few) Offers:

If the City receives one or too few proposals, as defined by the City, the City may reschedule the due date. The offers received will either be:

a) Returned unopened to the Bidder for re-submittal at the new due date and time, or

b) If there are no changes in requirements, and pending Agreement with the Proposer, held until the new due date and time.

c) If the City does not receive any bids from a publicly broadcast solicitation, the City may negotiate with any interested parties.

D-3) Confidential Information:

a) Bidders may be required to provide evidence of financial viability. This may be a Dunn and Bradstreet Report, a financial statement prepared by a licensed Certified Public Accountant showing the Bidder’s financial condition at the end of the past fiscal year, or an annual report.

b) Bidders may be required to provide other information which they consider proprietary and confidential, and if made known to the public, may affect their ability to compete in the marketplace. Said information is subject to the requirements of the Illinois State Freedom of Information Act (“FOIA”), 5 ILCS 140 et seq., which requires the disclosure of public records upon request unless the records are specifically exempt from disclosure.

c) Pursuant to FOIA, the following shall be exempt from inspection and copying: “(g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business and only insofar as the claim directly applies to the records requested.” 5 ILCS 140/7(g).

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d) Bidders considering requests to be proprietary and confidential should submit an additional redacted offer. Failure to do so may result in information becoming available to the public.

D-4) Determining Responsibleness of the Bidder:

a) The City reserves the right to determine the competence, the financial stability, and the operational capacity, of any Bidder.

b) Upon request by the City, Bidders shall furnish evidence for the City to evaluate their resources and ability to provide the goods and services required. Such evidence may include, but not be limited to, tour of facilities, staffing levels, listing of equipment and vehicles, listing of personnel’s qualifications, certificates, and licenses; listing of committed but not yet completed orders; financial statements.

c) Bidder may be required to submit samples of items within a specified timeframe and at no expense to the City. If not destroyed in testing, samples will be returned at the Supplier’s request and expense. Samples which are not requested to be returned within thirty (30) days will become the property of the City.

d) Bidders may be required to perform a demonstration of the item or service being proposed. Such a demonstration must be at a site convenient and agreeable to the affected City personnel and at no cost to the City.

e) Bidders may be required to provide references. The City reserves the right to contact said references or other references that may be familiar with the Bidder. The City reserves the right to eliminate a Bidder who has not demonstrated the required years of service within the required specialty.

f) Bidders may be required to provide their internal policy on sustainability.

g) The City reserves the right to determine if such information might hinder, influence the quality of the work specified, or prevent the prompt completion of additional work such as future maintenance and service.

D-5) Selection Process:

a) The City endeavors to select the offer meeting the best interests of the City as stated by its City Council based on the totality of lawful considerations.

b) The City’s determination of best overall value may include consideration of the City’s internal cost structure for meeting requirements, such as the City’s inventory carrying costs, ordering lead times, equipment maintenance costs, standardization, available project management resources, and items typically identified with and relating to a “Life Cycle Cost Analysis”.

c) The City will consider the following non-exclusive list in determining award: soft costs of contract management; total cost of ownership factors such as transition costs, training costs, additional requirements such as spare parts and special tooling.

d) The City will contact references to verify Bidder’s ability and skill to perform the work required based on past work of similar nature, quality of work, proactive nature of work crew, adherence to the project’s production schedule and proposed price constraints, and references’ experience if the Contractor has character, integrity, and a reputation for good judgment.

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e) If the City’s evaluation yields a concern with the potentially recommended Bidder’s ability, the City reserves the right to require a Performance Bond at no additional cost to the City.

f) Should identical low, responsive, and responsible bids be received from two or more Bidders, the City shall exercise one of the following tie breaking methods:

(i) Tie Bid (two suppliers): The Procurement Officer, with a witness present, may flip a coin with heads representing the Offeror whose name appears first in alphabetical order. If the toss is heads, said Offeror will receive the recommendation to award.

(ii) Tie Bid (three or more suppliers): The Procurement Officer, with a witness and each vendor present, shall shuffle a new deck of playing cards and have each Offeror cut the cards. The Offeror who cuts the highest card (with Ace high) shall be recommended for award.

D-6) Award:

a) Except as otherwise stated, Bidders will be awarded within ninety (90) days from the opening date.

b) The award is based on the lowest responsive responsible offer; offering the lowest life-cycle cost; providing the best overall value to the City; and deemed most advantageous to the City, price and other factors considered.

c) When there is a Base Bid and Alternates, the low Bidder shall be the lowest responsible and responsive bid submitted for the best combinations for the City. If all Bids and Alternate exceed the project budget, the City reserves the right to award to the Bidder presenting the best alternatives for the City.

d) When there is a Base Bid and Options, the low Bidder shall be the lowest responsible and responsive bid submitted for the best combinations for the City.

e) The City reserves the right to award by item, part or portion of an item, group of items, in the aggregate, or to reject any and all offers in whole or in part according to the best interests of the City.

f) A Bidder may restrict its offer to consideration in the aggregate by so stating on the proposal form but must name a unit price on each item.

g) The successful Bidder shall be required to enter into a Contract with the City of Wheaton covering all matters set forth in the solicitation document, and addenda.

D-7) Reservation of Rights:

This solicitation does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals/bids or in anticipation of a contract. The City expressly reserves the right to:

a) Make the selection based on its sole discretion;

b) Postpone bid opening for its own convenience;

c) Consider and accept alternate Proposals/Bids, if specified in the solicitation, when most advantageous to the City;

d) Waive any informality and minor deviations from the specifications provided they do not affect competition;

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e) Waive any minor informality in any Proposal/Bid or solicitation procedure (a minor informality is one that does not affect the competitiveness of the Proposer/Bidder);

f) Add additional terms or modify existing terms in the solicitation documents;

g) Solicit new Proposals/Bids;

h) Accept other than the lowest offer;

i) Negotiate with any, all, or none of the Bidders;

j) Approve or disapprove the use of particular subcontractors; and/or

k) Otherwise solicit proposals or quotations if some other manner of negotiation better serves the City’s interests.

E. REQUIREMENTS IF AWARDED THE WORK:

E-1) Agreement: The successful Bidder, if awarded by Agreement, shall be required to enter into an

Agreement with the City of Wheaton covering the services or work to be provided and shall execute all legal certifications and compliance with laws documentation required by that Agreement.

E-2) Prevailing Wage Act:

☐ Prevailing Wage Act DOES NOT APPLY ☒Prevailing Wage Act APPLIES. The Illinois Prevailing Wage Act, 820 ILCS 130/4 requires contractors and subcontractors to pay laborers, workers, and mechanics performing work under this contract no less than the “general prevailing rate of wages” (hourly cash plus annualized fringe benefits) and “general prevailing rate for legal holiday and overtime work” for Du Page County, Illinois as ascertained by the Illinois Department of Labor (“IDOL”) or a court on review.

The selected Bidder and all its subcontractors shall be responsible for checking the Illinois Department of Labor web page at:

https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/prevailing-wage-rates.aspx to ensure that they are paying the current prevailing rate of wages.

All contractors and subcontractors rendering services under this contract shall comply with all requirements of the Illinois Prevailing Wage Act, including, but not limited to, all wage, notice and record keeping duties, as more fully set forth in the “Special Provisions for: Wages of Employees on Public Works” contained in Group Exhibit A to this Agreement. Contractor shall insert into each subcontract and into the project specifications for each subcontract a provision stating to the effect that no less than the prevailing rate of wages shall be paid to all laborers, workers, and mechanics performing work under the contract.

All bonds provided by Contractor and any subcontractor under the terms of this Agreement shall include such provisions as will guarantee the faithful performance of the Contractor and subcontractor’s obligations under this clause and under the Prevailing Wage Act, 820 ILCS 130/1 et seq.

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The Contractor shall indemnify the City for any and all violations of the prevailing wage laws and any rules and regulations now and hereafter issued pursuant to said laws.

E-3) Insurance:

a) The successful Bidder, if awarded by Agreement, shall be required to carry insurance acceptable to the City.

b) Contemporaneous with the successful Bidder’s execution of an Agreement with the City, the successful Bidder shall provide certificates of insurance with endorsements, including those of subcontractors, and waivers of subrogation all in accordance with the Special Provisions for Insurance Coverage of Construction Services (Agreement Exhibit C), and shall list the City of Wheaton as an additional primary insured under the Bidder’s general liability insurance policy.

c) The Bidder’s obligation to purchase stated insurance cannot be waived by the City’s action or inaction.

E-4) Performance and Payment Bonds:

☐ Performance and Payment Bond NOT Required.

☒ Performance and Payment Bond IS Required. The successful Bidder, if awarded by Contract, shall be required to provide a performance and payment bond through a bonding company listed on the Department of Treasury’s Listing of Approved Sureties: Surety Bonds - List of Certified Companies (treasury.gov) The surety must be in compliance with any bond requirements mandated by the State of Illinois and by City Agreement. All bonds provided by Contractor and any subcontractor shall include such provisions as will guarantee the faithful performance of the Contractor and subcontractor’s obligations under the Prevailing Wage Act, 820 ILCS 130/1 et seq.

E-5) Maintenance Bond:

☐Maintenance Bond NOT Required.

☒ Maintenance Bond IS Required. The successful Bidder shall be required to furnish a Maintenance Bond equal to ten percent (10%) of the final contract price for the faithful performance of the Bidder’s obligation to maintain and keep in good repair, the work herein contracted to be done and performed for one (1) year from the date of final acceptance by the City.

E-6) Security Clearance:

a) Background checks inclusive of finger printing may be required for employees, agents, and subcontractors of the Bidder working in secured areas on City property. The successful Bidder shall submit a list of employees’, agents and subcontractor names to the Project Manager who will coordinate the background checks with the police department.

b) Anyone with a background history showing a conviction for a felony; theft history of any kind, sex offense history, or any crime involving moral turpitude, illegal drug or narcotics use, sale or possession, or anyone showing a felony charge pending, or who has any outstanding warrants of any type, including misdemeanor traffic or felony warrants, may be subject to arrest, and shall not be allowed to work under this Agreement.

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F. AUDIT:

The successful Proposer may be audited by the City or an agent of the City. Audits may be at the request of federal or state regulatory agencies, other governmental agencies, courts of law, consultants hired by the City or other parties which in the City’s opinion requires information.

Data, information, and documentation will include, but not be limited to, original estimate files, change order estimate files, detailed worksheets, subcontractor proposals, supplier quotes and rebates, and all project related correspondence, and subcontractor and supplier change order files.

G. PROTESTS:

G-1) Right to Protest. Any actual or prospective, bidder, proposer, offeror, or vendor (“protesting party”) who believes they have been adversely affected in connection with a City-issued solicitation, evaluation of a bid or proposal, or award of a contract may initiate a pre-bid, pre-award, or post-award protest. A protesting party has no right to protest the cancellation of ITBs or RFPs and protests relating to the rejection of all bids or proposals.

• A pre-bid protest shall be submitted in writing to the Procurement Officer no later than five (5) business days before the due date for bids or proposals.

• A pre-award protest shall be submitted in writing to the Procurement Officer no later than five (5) business days after the due date for bids or proposals or notification that the protesting party’s status as a bidder or proposer has changed.

• A post-award protest shall be submitted in writing no later than three (3) business days after the date the bid award is posted on the City’s website or online forum.

G-2) Contents of Protest. Protests must include: the name, address, phone number, e-mail address of the protesting party; appropriate identification of the solicitation; if an award has been initiated, the award document number (if available); justification or grounds for the protest, with specificity of the local, state, and federal law, regulation or procedure that is alleged to be violated; precise statement(s) of the relevant facts; identification of the issue to be resolved; the protesting party’s argument and supporting documentation; information establishing the timeliness of the protest; and the signature of the protesting party. Issues not raised by the protesting party in the protest are deemed waived and may not be raised after a final determination has been made.