NOTICE TO BIDDERS

INVITATION TO BID #26-162

ELEVATOR PREVENTATIVE MAINTENANCE, FULL HYDRAULIC PRESSURE TESTING AND INSPECTION SERVICES, AND ON-CALL AND EMERGENCY SERVICE MAINTENANCE AND REPAIR

Notice to Bidders

Issue Date:

Last Date for Questions:

Due Date:

Bid Opening:

Prevailing Wages:

August 6, 2026

No later than August 14, 2026, at 11:00 am (CST)

No later than August 20, 2026, at 11:00 am (CST)

August 20, 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).

All Contracts for the Construction of Public Works are subject to the Illinois 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 Cost Proposal Form (Exhibit D) Notice of Deviations Form (Exhibit E) References Form (Exhibit F) Listing of Subcontractors, Consultants and Agents Form

(Exhibit G) Vendor Certifications Form (Exhibit H) Vendor Information Reporting Form (Exhibit I) W-9 Form

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

• Certificate of Insurance with signed endorsements

• Performance and Payment Bonds

• Signed Agreement (Exhibit B)

• Vendor Information Form

EXHIBIT A

ELEVATOR PREVENTATIVE MAINTENANCE, FULL HYDRAULIC PRESSURE TESTING AND INSPECTION SERVICES, AND ON-CALL AND EMERGENCY SERVICE MAINTENANCE AND REPAIR

Scope of Services

INTRODUCTION

The City of Wheaton is seeking a qualified Contractor to provide Preventative Maintenance, Full Hydraulic Pressure Testing and Inspection Services, and On-Call and Emergency Service Maintenance and Repair for eight (8) City facility elevators. Elevator brands include ESCO, Schindler, Otis, and Kone. The Contractor shall be licensed through the Office of the State Fire Marshall (OSFM) at the time of bid and throughout the contract term and any subsequent renewal terms.

PREVAILING WAGE ACT

All Contracts for the Construction of Public Works are subject to the Illinois Prevailing Wage Act (820 ILCS 130/1-12).

☒ DOES APPLY ☐DOES NOT APPLY

CONTRACT TERM

This contract shall be effective for two (2) years effective September 1, 2026 – August 31, 2028. The City, at its option, may extend this Agreement (the "Option") for one (1) additional year if the vendor performs satisfactorily and provided there are no changes in the terms, conditions, specifications, and pricing structure unless mutually agreed to by the parties.

SCOPE OF WORK

The Contractor shall provide all labor, supervision, equipment, tools, materials, and incidentals necessary to conduct elevator inspections and maintenance, and make necessary repairs. All equipment, materials, and installation work shall comply with this specification, the Illinois OSHA standards, and relevant Illinois building codes. The Contractor shall perform all services in a safe and responsible manner. The Contractor and its employees shall comply with all applicable laws, ordinances, rules, and regulations.

Elevator Locations:

1. Wheaton City Hall: 303 West Wesley Street

a. One (1) ESCO Elevator

b. Direct Action; 3 stops, 3 openings, hydraulic 4500lb capacity

c. Full-service period

2. Wheaton Annex: 314 West Wesley Street

a. One (1) Schindler Elevator

b. Two floors; hydraulic 2500lb capacity

3. Wheaton Public Works: 821 West. Liberty Drive

b. 100 FPM, 2 stops, 2 openings, hydraulic 2500lb capacity

4. Wheaton Police Department: 900 West Liberty Drive

a. One (1) Otis Elevator id #430077

b. hydraulic passenger elevator, 2 stops, 2 openings

5. Wheaton Place Parking Garage: 232 West Wesley Street

b. 100 FPM, 4 stops, 4 openings, hydraulic 2500lb capacity

6. Wheaton Cross St. Parking Garage: 220 South Cross Street

a. One (1) Kone Traction Elevator

b. Four floors; 2500lb capacity

7. Wheaton Public Library: 225 North Cross Street. There are two (2) Hydraulic elevators at this location.

a. East/Renovated area elevator

i. Otis Elevator id #Z96373

ii. 3 stops, capacity is 2500 lbs

iii. Full-service period

b. West/New Addition elevator

i. Otis Elevator id #96372

ii. 6 stops, capacity is 3000 lbs

iii. Full-service period

SCHEDULE OF MAINTENANCE OPERATIONS

The following schedule of examination and maintenance operations shall be followed in carrying out the performance of this contract. The City reserves the right to have a City representative in attendance during any scheduled maintenance procedure. NO SERVICE MAY BE PERFORMED WITHOUT PRIOR APPROVAL AND SCHEDULING.

QUARTERLY SERVICES - PREVENTATIVE MAINTENANCE

The City requires a minimum of four (4) preventative maintenance inspections per year for all eight (8) City facility elevators. Routine maintenance shall be performed on a quarterly basis in the months of September, December, March, and June.

The Contractor shall inspect specified elevators in accordance with applicable industry and OSHA standards. Preventative maintenance shall include, but not be limited to, the following:

iv. Examine, clean, lubricate and adjust the elevator equipment.

v. Clean elevator machine room, pit, hatch, and hatch equipment,

• including rails, inductors, hatch door hangers, and tracks, relating devices, switches, buffers, car tops and door tracks.

vi. Relamp all signals as required.

vii. Keep guide rails properly lubricated except where roller guides are used.

viii. Follow-up on, and repair, all failed inspections upon notification by Facilities Manager.

When conditions warrant, the following parts will be repaired or replaced at Contractor’s expense:

• Pump, pump motor, operating valves, motor windings, magnet coil, vee belts, sheaves, piston packing, exposed piping, hydraulic fluid tank and hydraulic fluid.

• Car buffers, limit, landing and slowdown switches, car guide shoe gibs or rollers.

• Controller, selector and dispatching equipment, relays, solid state components, resistors, capacitors, transformers, contacts, leads, dashpots timing devices, computer devices, overloads, selector drives and selector mechanical and electrical driving equipment.

• Hoistway door interlocks, hangers, tracks, gibs and auxiliary door closing devices.

• Cab door operator assembly, contacts, hangers, track, gibs and door protector device.

• Traveling cables and elevator control wiring in the hoistway and machine room.

• Moving parts and contacts for all push button and switches in the hall and car stations.

During all routine maintenance inspections, the Contractor shall advise the Facilities Manager prior to departing the City’s facilities:

• of any items in need of service or repair that are (1) covered per this routine maintenance agreement but will require a follow-up visit to complete the repair, or (2) not covered per this routine maintenance agreement.

• when a unit and/or parts replacement is necessary.

• when in his/her opinion, the repair cost would exceed the value of the unit and it would be more beneficial to the City to replace the entire unit.

ANNUAL SERVICES - PRESSURE TESTING AND INSPECTION

Contractor shall perform pressure testing annually as outlined in the American National Standard Safety Code for Elevators and Escalators. Perform all safety inspections and related tests as required by the adopted Building Code and referenced standards including but not limited to:

ASME A17.1 (elevators)

ASME A90.1 (man lifts)

ASME B20.1 (conveyors)

ALI ALCTV (autolifts)

This cost should be included in the bid price of the contract. No extra fees will be paid for the above-mentioned yearly testing. All pressure testing and inspections shall be witnessed by Elevator Inspection Service Co., Inc., located at 745 McClintock Drive, Suite 235, Burr Ridge, IL 60527 at no charge to the City of Wheaton. EIS does not charge the City for witnessing hydraulic testing, this also includes the one traction unit located at the Cross St. Parking Garage.

The Facilities Manager shall be informed of and agree to, the inspection 24 hours in advance. No inspection shall be made without the presence of a City staff member. All inspections shall conform to all prevailing current State, County, and/or Municipality regulations and codes, including the State Fire Marshall.

ON-CALL AND EMERGENCY SERVICE MAINTENANCE AND REPAIR

In the event of an elevator failure or malfunction, the Contractor shall provide on-call repair service within two (2) hours of receiving the call. A 24 hours/7 day a week phone number shall be provided to the Facilities Manager for emergency callouts.

Call backs for on-call repairs for the same problem within a 7-day period shall be at the Contractor’s expense.

REMOVAL OF UNITS FROM SERVICE

The Contractor shall notify the Facilities Manager when an elevator will be removed from service for maintenance, repairs, inspections, and testing. Work shall be performed so as to minimize the impact on the operation of facilities.

Any unit which is out of service for four (4) hours shall be reported to the Facilities Manager explaining the extent of the problem and indicating when it will be resolved. The Facilities Manager shall be notified in writing 48 hours in advance of any unit which will be removed from service for planned repairs explaining the extent of the repairs and indicating when the unit will be returned to service.

PARTS AND LUBRICATION

The Contractor shall provide only genuine parts supplied by the original manufacturer of the equipment for replacement or repair, and to furnish and use only those lubricants obtained from and/or recommended by the manufacturer of the equipment. Equivalent parts or lubricants may be used if approved in writing by the City.

If any elevator requires exclusive parts or labor, it is the Contractor’s responsibility to secure said parts and labor via a sub-contractor or other arrangement. Said sub-contracted parts and labor are to be included in the fees stated on the Cost Proposal form. All equipment, materials, and installation work shall comply with this specification, the Illinois OSHA standards, and relevant Illinois building codes.

HOURS OF SERVICE

Normal Business Hours: The Contractor shall perform all scheduled work required by this agreement during the normal business hours of 6:00 am - 5:30 pm, Monday – Friday. Any exception shall be approved by the Facilities Manager.

After Business Hours: 5:30 pm – 6:00 am

CALLBACK SERVICE

Non-Emergency Callback Service: The Contractor shall provide minor adjustments, minor repairs, and parts replacement necessary to return any unit to service at the request of the Facilities Manager.

Emergency Callback Service: A 24 hours/7 day a week phone number shall be provided to the Facilities Manager for emergency callouts. This should never be picked up by an answering machine. This shall be answered by a live person who has authority to dispatch out service.

The Contractor shall notify the Facilities Manager at least 24 hours prior to any service call, and prior to any temporary close and reopening of operations.

RECORD KEEPING

Maintenance Logs: The Contractor shall maintain a log, in each machine room, of completed maintenance tasks and repairs. These records shall be kept in clear plastic folders and open to inspection by City personnel at any time.

The log shall be signed/initialed and dated by the mechanic at each visit. The maintenance log shall include:

• make, model, serial number, listing of services performed, date of service, cost of the work (broken down between parts and labor) and other relevant information.

At the end of a contract period, if the Contractor is not the succeeding provider, these records, or an exact duplicate, shall be turned over to the City.

Callback Logs: The Contractor shall maintain a log of callbacks, including corrective measures in each machine room.

These records shall be kept in clear plastic folders and open to inspection by City personnel at any time.

Work Tickets: The Contractor, in response to a callback or routine maintenance, shall notify the Facilities Manager upon their arrival at the building and verification of their start time of the Work. After the Work is completed, the Contractor shall secure the signature of the Facilities Manager on the Work Ticket. In the event the Facilities Manager is not at the location, the Contractor is to phone the Facilities Manager to confirm the Work is complete and at what time it was completed and what parts maybe needed.

CONTRACTOR'S EMPLOYEES

Contractor shall provide employees with the tools, documentation, and knowledge to troubleshoot elevators. The Contractor shall provide qualified field personnel, and mechanics to maintain and repair the equipment, and supervisory personnel shall be under the direct employment of the Contractor. Field personnel shall wear uniforms which bear the Contractor's name or emblem. Each employee shall be required to display a company ID visible for identification as a current company employee. Uniforms shall always be maintained in a neat and clean condition. Owner may request changes in personnel for persons performing work under this Agreement.

MANDATORY SECURITY FINGERPRINTING AND BACKGROUND CHECKS

All Contractor’s employees or subcontractors who provide service at City of Wheaton facilities and the Wheaton Public Library are required to be fingerprinted and pass a background check. No work shall commence until fingerprinting and background checks have been completed by the City of Wheaton Police Department for the elevator technician(s) assigned to service the City account. The City will notify the Contractor once complete, so that work may commence.

All fingerprinting and background checks shall be scheduled through the Facilities Manager. Five (5) business days prior to the scheduled appointment, the Contractor shall submit to the Facilities Manager a list of the assigned elevator technician(s) assigned to service the City account.

CLEAN-UP

The Contractor’s personnel shall confine their activities to the work site and areas designated for Contractor use. It shall be the Contractor’s responsibility to maintain an orderly work site and to remove debris, trash, used material, and tools from the job site. The Contractor shall remove from the area all materials and equipment upon completion of the work involved in performing required services. The job site shall at all times be left in a clean and orderly condition.

COMPANY DECALS

The Contractor may not apply, by any means whatsoever, their company’s identification stickers, etc. to any piece of equipment owned by the City.

DUE DATE FOR WRITTEN QUESTIONS

All questions, either administrative or technical, shall be submitted via email to Tony Sperkowski at asperkowski@wheaton.il.us no later than August 14, 2026, at 11:00 am (CST).

ADDENDA

All questions, clarifications or revisions regarding this bid will be issued via a written addendum and published on the City’s website. Each Vendor shall acknowledge receipt of any addenda on the Cost Proposal form. Each Vendor, by acknowledging receipt of any addenda, is responsible for the content of the addenda and any changes to the bid. Failure to acknowledge issued addenda may cause the bid submittal to be rejected.

BID SUBMITTAL

Submittals shall be received no later than August 20, 2026, at 11:00 am (CST). Late submissions will not be accepted.

An original Bid Bond shall be included with each bid submittal. Copies will not be accepted.

Submit a hard copy bid to:

City of Wheaton

303 W. Wesley Street - 1st Floor Finance Counter Wheaton, IL 60187-0727

Attn: Tony Sperkowski, Procurement Officer

All hard copy bids shall be submitted in a sealed package marked with the following information:

• Bid Name & Number

• Bid Closing Date

• Bid Closing Time

• Vendor Name and address

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.

COSTS INCURRED IN RESPONDING

The City will not be responsible for any expenses incurred in preparing and submitting a proposal.

CITY’S SERVICES AGREEMENT (EXHIBIT B)

The attached ‘Draft’ 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

☒ Bid Bond: A Bid Bond/Bid Deposit of 10% of the full contract price is required with your bid submittal.

The cost of said bonds shall be included in the total bid amount.

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

Invoices shall be submitted quarterly, during the following months, for all inspections, routine work, and required testing:

• June (for services during May through July)

• September (for services during August through October)

• December (for services during November through January)

• March (for services during February through April)

To prevent delays in payment, all invoices shall be itemized to include the following information:

• Location and elevator identification number

• Technician’s site arrival and departure time clearly identified.

• Description of work performed.

• Inspection reports

• Work tickets

• Supplier invoice receipt

• Recommendations (if applicable)

NO additional surcharges or add-ons are allowed.

Invoices for the Wheaton Public Library shall be billed separately from the City of Wheaton.

Invoices shall be emailed to Accounts Payable at AP@wheaton.il.us.

When contractors file certified payroll with IDOL, they will receive a ‘.pdf confirmation’ copy of their submission. A copy of this ‘.pdf confirmation’ shall be attached to all invoices. Not attaching the confirmation page may cause delays in payment.

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.

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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.

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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…