county of peoria Hamilton Parking Deck Repairs - Invitation to Bid.pdf

INVITATION TO BID

Issued By

Peoria County and P.J. Hoerr, Inc.

Sealed or Bid Net Bid Portal Bids will be accepted at.

Peoria County Purchasing, 324 Main Street Room 501

Peoria IL 61602 May 13th, 2026 at 2:00PM

For the goods or services described herein, ITB 05-03-26 HAMILTON PARKING DECK REPAIRS

*THIS IS A PUBLIC WORKS PROJECT AND WILL BE SUBJECT TO THE PREVAILING WAGE ACT*

Company Name _____________________________

Issued for Bid Table of Contents

Hamilton Parking Deck Repairs.

TABLE OF CONTENTS

LEGAL NOTICE

GENERAL INFORMATION

BOND INFORMATION

GENERAL INSTRUCITON TO BIDDERS

PRICING SHEET / BID FORM

NON-COLLUSION AFFIDAVIT

REFERENCES

PREVAILING WAGE CERTIFICATE OF COMPLIANCE

SIGNATURE SHEET

COMMUNITY WORKFORCE AGREEMENT

EQUAL EMPLOYMENT OPPORTUNITY INFORMATION

FORM CC-1

06.01 GENERAL TRADES WORK PACKAGE

09.06 PAINTING WORK PACKAGE

Please include a sample insurance certificate with your submission.

*These forms must be included with your proposal. The Community Workforce Agreement and EEO requirement will only be required of the awarded contractor/s. If applying for EEO certification or recertification, please include a copy of the CC-1 form with your bid and send the original and fee to the…

City of Peoria

419 Fulton Street, Room 108

Peoria IL, 61602.

If you have a current EEO certification number, include the number on the Signature Sheet where indicated. See

“EEO Information” for further explanation.

Issued for Bid Legal Notice

Hamilton Parking Deck Repairs

LEGAL NOTICE

INVITATION TO BID

The County of Peoria is accepting bids for the following services:

No Mandatory Pre-Bid Meeting:

Site Visits can be scheduled upon request w/ Adam Laible adam@pjhoerr.com. 309.688.9567

Bids will be received until:

Date 05/13/26 @ Time 02:00 PM CST

Peoria County Purchasing

324 Main Street Room 501

Peoria IL 61602

Or electronically to the Peoria County Bid Net Portal

Bid Documents: Can be found on the Peoria County Bid Net Portal

Bid Packages:

06.01 – General Trades (Demo, Steel, Concrete)

09.06 – Painting

Issued for Bid General Information

GENERAL INFORMATION

INTRODUCTION:

The County of Peoria is currently accepting bids from qualified vendors for the Hamilton Parking Deck Repairs

PRE-BID MEETING:

There is no mandatory pre bid meeting. Site visits are available upon request. Submission of a proposal acknowledges that the bidder has inspected the existing conditions and understands the site, project and logistics required.

PUBLIC WORKS PROJECT:

This project is a Public Works Project and will be subject to Prevailing Wage Act. Please see “Instruction to Bidders,” for details. In addition to the Prevailing Wage Act requirements, Peoria County requires any General, or Sub-Contractor for contracts of $30,000 or greater to participate in an Apprenticeship Training Program and to submit a “Certificate of

Apprenticeship and Training,” before award. Contractors will be required to submit names of any/all subcontractors to be used on this project. Additionally, all vendors providing services for construction work on the public works project must enter into Peoria County Community Workforce Agreement with the affiliates of the West Central Illinois Building and Construction

Trades Council and Peoria County, solely for construction and demolition work on this specific project, per Chapter 6.5-34 of the Peoria County Code of Ordinances. The Community Workforce Agreement template is included in the bid specifications for review.

BID INFORMATION:

Sealed Bids – one original; wet signatures and one copy – will be accepted, until 05/13/2026 @ 2:00 PM CST. Bids shall be submitted in a sealed envelope or package with the bid name, due date, and time marked on the outside. Please include your company name and return address on the outside of the envelope. Deliver bids to Peoria County Purchasing 324 Main

Street Room 501 Peoria IL 61602.

Electronic Bids – fully executed and signed digital copies of the bid form and additional required documents will be accepted until 05/13/2026 @ 2:00 PM CST. Bids shall be submitted electronically through the Peoria County Bid Net Portal.

Bids received after the stated date and time will not be considered. Faxed bids will not be accepted. Bids will be opened publicly and recorded with county representatives immediately following closing time set for the receipt of bids.

AWARD OF BID:

The Bid will be awarded to the lowest responsive and responsible bidder based on the given requirements. These are minimum specifications. Owner & P.J. Hoerr, Inc. reserves the right to award to either a single or multiple vendors. The

Owner & P.J. Hoerr, Inc. reserves the right to waive technicalities and accept the bid that best suits its needs.

QUESTIONS:

All questions regarding this solicitation must be submitted through bid net.

*Vendors may not contact any Owner Departments or Staff with inquiries regarding this bid.

SCHEDULE OF EVENTS:

Bids Due:

Construction Start:

Construction Completion:

05/13/2026 @ 2:00 PM CST

08/01/2026

10/01/2026

Bond Information – 1 Issued for Bid

BOND & PROCUREMENT INFORMATION

PLEASE NOTE:

• In the Instruction to Bidders, the section pertaining to Bid Surety (Section 8) shall not apply to this bid.

• In the Instruction to Bidders, the section pertaining to Performance/Payment/Maintenance Bond (Section 10-A) shall not apply to this bid.

• In the Instruction to Bidders, the section pertaining to Prevailing Wage (Section 33) shall apply to this bid.

o Prevailing Wage Information: All bids and contracts for the purposes of public works as defined and provided for by the Prevailing Wage Act (820 ILCS 130) shall obligate the prime contractor and all participating subcontractors not to discriminate in employment practices.

"Public works" is defined as all fixed works constructed for public use by any public body, other than work done directly by a public utility company. The Act requires that the prevailing wage shall apply to public works projects. All wages paid by the contractor and each subcontractor shall be in compliance with the Act, as amended, except where a prevailing wage violates a federal law, order, or ruling, the rate conforming to the federal law, order, or ruling shall govern. The contractor shall be responsible to notify each subcontractor of the wage rates set forth in the contract and any revisions thereto. If the Illinois Department of Labor revises the wage rates, the contractor will not be allowed additional compensation on account of said revisions. For current prevailing wage rates, go to:

https://www2.illinois.gov/idol/Pages/default.aspx

• In the Instruction to Bidders, the section pertaining to Apprenticeship / Training Program (Section 34) shall apply to this bid.

o The county has determined that, in addition to prevailing wages, additional provisions shall be required of all vendors, contractors, and subcontractors providing services for new construction of facilities and renovation of current facilities in excess of thirty thousand dollars ($30,000.00). The contractor and all subcontractors shall participate in apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training. A copy of the certificate from the U.S. Department of Labor Bureau of Apprenticeship and Training will be required with the bid submittal for these projects. Additionally, all vendors providing services for construction work on the public works project must enter into Peoria County’s Community Workforce Agreement with the affiliates of the West Central Illinois Building and Construction Trades Council and Peoria County, solely for construction and demolition work on this specific project, per Chapter 6.5-34 through 6.5-36 of the Peoria County Code of Ordinances. The Community Workforce Agreement template is included in the bid specifications for review

• In the Instruction to Bidders, the section pertaining to Taxes (Section 35) for more information.

o The County is Tax Exempt

Issued for Bid Instructions to Bidders – 1

INSTRUCTIONS TO BIDDERS

This document ("Instructions to Bidders") is for your information and does not need to be submitted with your response.

0. GENERAL ITEMS:

A. The Owner, Hereinafter referred to as Owner: Peoria County; The County of Peoria

B. The terms "bid", "proposal" or "RFP" are interchangeable when referenced in this document as are the terms "vendor", “subcontractor”, and "contractor." The information contained within this document may not pertain to certain types of professional or consulting services.

C. Communications for the administration of the Contract shall be as set forth in the General

Conditions and, in general, shall be through P.J. Hoerr, Inc.

D. All bidders will be given access to the electronic PDF versions of all contract documents, via Bid

Net. All reproductions for bidding purposes are at the bidder's expense.

E. All addenda will be issued to the Bidders of Record via Bid Net from. It is the Bidder's responsibility to ensure that the appropriate email contact is on file with Bid Net. The bidder is solely responsible for ensuring they have received all addenda and associated files.

F. This is a construction management at risk project. THERE IS NO GENERAL CONTRACTOR.

All Contractors on this Project are considered Trade Contractors to P.J. Hoerr, Inc. as the

CM@Risk. P.J. Hoerr, Inc. will award separate Contracts for all Bid / Work Packages involved in the Project. The Project will be managed and coordinated by P.J. Hoerr, Inc.

G. The Engineer of Record is Hanson Engineering.

1. BID SUBMITTAL

Copies of the bid proposal form and other documents shall be submitted by bidders as noted or requested. This includes pamphlets and product literature when requested. All bid documents shall be submitted in duplicate unless otherwise noted.

Submission of Bids:

A. Bids will be received until the time and date specified at the place set forth in the invitation to bid.

B. Bids must be made in accordance with the following instructions, in the format provided in the Bid

Form, and must be fully completed and be without alterations, omissions, conditions, or irregularities of any kind.

C. Bid Forms containing alterations, omissions, conditions, or irregularities of any kind may be rejected or may be considered by either the Contractor or by the Owner. If such bids are considered, they shall be considered as if they were submitted without any such alterations, omissions, conditions, or irregularities of any kind. Accordingly, if such bids are considered and accepted, any such alterations, omissions, conditions, or irregularities of any kind shall have no binding effect.

D. Unless the Bidder withdraws the bid, the Bidder will be required to comply with all requirements of the Contract Documents, regardless of whether the Bidder had actual knowledge of requirements and regardless of any statement or omission made by the Bidder which might indicate a contrary intention.

E. Bids shall be submitted in a sealed envelope to the County Purchasing Office or via the bid net portal.

Instructions to Bidders – 2

Bidders are requested to write the bid/RFP name and number and the date and time the bid is due in the lower left-hand corner of their envelope.

Bids received after the deadline will be marked "Late" and will be returned to the bidder unopened. It is the Vendor's responsibility to ensure that the bid or proposal submission is received prior to the stated deadline no matter what method is used to submit the bid.

2. PREPARATION OF BID

A. Bids shall be submitted on forms included in bid documents.

B. All information requested on bid forms shall be typewritten or written in ink. Where both written words and numerical figures are required, the written words shall apply in the event of a conflict.

3. RECEIPT OF CONTRACT DOCUMENTS:

Upon receipt of the Bid Package the bidder shall immediately check that all documents and all Drawings and Specifications listed in the Project Bidder’s Manual have been received. If any documents, drawings, or specifications are missing, contact Contractor immediately.

4. QUALIFICATION OF BIDDERS:

The County and P.J. Hoerr, Inc. shall have the right to take such steps as deemed necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish P.J. Hoerr, Inc./Owner such data for this purpose as requested.

5. TIME OF COMMENCEMENT AND COMPLETION

A. The trade contractor shall commence Work after the effective date of contract execution and notification by P.J. Hoerr, Inc., and shall complete the Work within the time limitations established in the Contract and these instructions to Bidders.

B. Successful Bidders must achieve Milestone dates, Substantial Completion, and Final

Completion by the specified dates in accordance with the Completion and Milestone schedule.

C. Substantial completion and Owner's use shall be achieved as defined in the Completion dates schedule. Dates are to be used as guidelines for bidding purposes and are subject to revision as required by the Owner to meet the Milestone dates.

6. CONSTRUCTION SCHEDULE:

A. In collaboration with the various trade contractors, P.J. Hoerr, Inc. will finalize the project schedule, which integrates all the activities of trade contractors and suppliers, and which meets the time requirements of the Project. The sequence of all such work activities shall be determined by P.J. Hoerr, Inc.

B. Trade contractors will be required to participate in LEAN construction activities prior to commencement of their packages to help determine project schedule requirements, as well as during their work, to keep the schedule up to date.

C. The trade contractor or supplier shall, within five (5) days after the Preconstruction Conference, assemble and provide all necessary information and data concerning his activities and the activities of his subcontractors, vendors and suppliers, including durations, lead times, planned submission dates of required Shop Drawings, Product Data and Samples.

D. Weekly progress meetings will be held at the job site. Field supervisors and/or Project Managers from each trade contractor working "on site" shall attend all such meetings.

E. P.J. Hoerr, Inc. reserves the right to assist any trade contractor in the expediting of their material

Instructions to Bidders – 3 and equipment deliveries without assuming responsibility for said deliveries. Upon request, the trade contractor shall furnish copies of his equipment and material purchase orders complete with scheduled shipping and receiving dates to P.J. Hoerr, Inc.

F. Whenever it becomes apparent that any activity completion date may not be met, the trade contractor shall take some or all of the following actions at no additional cost to the Owner or

P.J. Hoerr, Inc.:

1. Increase construction manpower in such quantities as will substantially eliminate the backlog of work and put the Project back on schedule.

2. Increase the number of working hours per shift, shifts per working day, working days per week, or the amount of construction equipment, or any combination of the foregoing which will substantially eliminate the backlog of work and put the Project back on schedule.

3. Reschedule activities to achieve maximum practical concurrency of accomplishment of activities and put the Project back on schedule.

4. If the trade contractor fails to take any of the above actions within twenty-four (24) hours of receiving written notice, P.J. Hoerr, Inc. shall take action to attempt to put the

Project back on schedule and deduct the cost of such actions from the moneys due or to become due to the trade contractor.

7. SUPPLIER DIVERSITY:

P.J. Hoerr, Inc. and the Owner encourage the use of Disadvantaged Business Enterprises on the project. The specific goals identified if required are listed in the Community Workforce Agreement.

8. BID SURETY

Not required.

9. INQUIRES

A. All inquiries, outside of the pre-bid conference when applicable, that concern the bid request shall be submitted in writing to Adam Laible adam@pjhoerr.com , which shall respond to such inquiries upon consultation with the Project Manager and/or the Owner. If the nature and volume of inquiries indicate a substantial defect in the bid specifications, terms, or conditions, P.J.

Hoerr, Inc. and the Owner will either schedule an additional pre-bid conference, extend the deadline for submission of bids, or cancel the bid and reissue corrected or appropriately modified specifications, terms and/or conditions.

B. ALL BIDDERS ARE ADVISED THAT ANY COMMUNICATION WITH ANY OWNER

EMPLOYEE, OFFICIAL OR OFFICER CONCERNING THE SPECIFICATIONS, TERMS, OR

CONDITIONS OF A PROPOSED BID COULD CONSTITUTE A VIOLATION OF THE

CRIMINAL CODE OF ILLINOIS, 720 ILCS 5/33E. ACCORDINGLY, BIDDERS SHALL ONLY

CONTACT THE CONSTRUCTION MANAGER “CM at RISK” WITH QUESTIONS OR

CONCERNS AS AFORESAID.

10. CONTRACT TO BE AWARDED/TERMS AND CONDITIONS

The following general contract terms and conditions are included in these instructions to inform vendors of those terms and conditions that P.J. Hoerr, Inc. will require the successful vendor to agree to. It is to be understood that this listing is not intended to be exclusive, and that additional terms and conditions may be required by the owner. Nor are these terms and conditions to be considered non-negotiable but are provided to put the vendors on notice that these terms and conditions are considered of substantial

Instructions to Bidders – 4 importance by P.J. Hoerr, Inc. and the acceptance of these terms and conditions may be considered necessary to the awarding of a contract to any particular vendor. By inclusion in bid or RFP documents, this document becomes a part of the bid and any subsequent contract.

A. PERFORMANCE/PAYMENT/MAINTENANCE BOND

Not required.

B. ASSIGNMENT OF CONTRACTUAL RIGHTS

It is agreed that the Vendor shall not assign, transfer, convey, or otherwise dispose of the

Contract or its right, title or interest in or any part thereof, without previous written consent of

P.J. Hoerr, Inc. and the sureties.

C. CONTRACT MANAGEMENT

The Vendor shall appoint an individual person as an Agent who, when requested, shall be available for discussions concerning the fulfillment of the contract.

P.J. Hoerr, Inc. will send/deliver official documents addressed to the Vendor to the Agent of the Vendor. The Agent shall be available at the time of Contract award. The name, address and telephone number of the person to be designated as Agent shall be included in the bid or proposal submittal.

D. MEETINGS

After the award of the Contract, technical, scheduling and/or status meetings may be held.

These meetings will be for the purpose of, but are not limited to the following:

- Establishing the project schedule

- Establishing functional details of the construction or equipment

- Delivery, installation and maintenance of equipment or hardware

- Progress meetings

The vendor shall provide the services of his technical staff and/or Agent for these meetings.

E. PROGRESS REPORTS

The Vendor is required to submit monthly reports on the status of the project so that the P.J.

Hoerr, Inc. Project Manager is kept fully informed of progress. The information required will be specified at the meetings with the Vendor.

F. NOTICE AND SERVICE THEROF

Any notice to Vendor from P.J. Hoerr, Inc. relative to any part of this Contract shall be considered delivered, and the service thereof completed, when said notice is posted by U.S.

mail to the said Vendor at his last given address, delivered in person to Vendor’s Agent, or emailed.

G. COPELAND “ANTI-KICK BACK” ACT

The Vendor/Contractor shall comply with the Copeland “Anti-Kick Back” Act (18 USC 874) as supplemented in the Department of Labor Regulations (29 CPR Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any

Instructions to Bidders – 5 means, any person employed in the construction, completion or repair of public work to give up any part of the compensation to which he is otherwise entitled.

H. CONFLICT OF INTEREST

A vendor submitting a bid or proposal thereby certifies that no officer, agent or employee of the Owner who has a pecuniary interest in the bid or proposal has participated in the contract negotiations on the part of the Owner, that the bid/proposal is made in good faith without fraud, collusion, or connection of any kind with any other Vendor for the same

ITB/RFP, and that the Vendor is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

I. LAW OF STATE OF ILLINOIS

Contracts shall be entered into within the State of Illinois, and the laws of said state, whether substantive or procedural, shall apply to the Contract. All statutory, charter and ordinance provisions applicable to public contracts in the Owner and the State of Illinois shall be followed with respect to the Contract.

J. PREFERENCE FOR ILLINOIS PRODUCTS AND LABOR

Vendors' attention is called to the fact that the Statutes of Illinois provide that, on public improvements, preference shall be given to products and provisions grown and coal produced in the State of Illinois and with Illinois labor. The Vendor will be required to conform to all such Statutes as are applicable.

K. FISCAL FUNDING

If Illinois state laws are changed resulting in failure to appropriate funds or a means of funding for the contract, the obligation of the Owner and P.J. Hoerr, Inc. shall cease immediately and without penalty.

L. NON-DISCRIMINATION

The Equal Employment Opportunity provision of Owner (copy attached) shall be incorporated into every agreement entered into by the Owner and P.J. Hoerr, Inc.

M. LIABILITY AND INSURANCE

The Owner and P.J. Hoerr, Inc. does not assume any liability for acts or omissions of vendor and such liability rests solely with vendor.

Vendor’s Insurance – The Vendor and all its subcontractors shall secure and maintain such insurance policies as will protect itself from claims for bodily injuries, death or property damage which may arise from operations under this Contract whether such operations be by itself, or anyone employed by Vendor directly or indirectly. The following insurance policies are required:

- Statutory Worker’s Compensation

- Comprehensive General Liability

Combined Single Limit $ 1,000,000.00

Property Damage $ 1,000,000.00

Instructions to Bidders – 6

- Automobile Public Liability and Property Damage

Combined Single Limit $ 1,000,000.00

Property Damage $ 1,000,000.00

- Umbrella Liability (to provide excess coverage over Employer’s Liability, Automobile and

Commercial General Liability)

Each Occurrence $ 5,000,000.00

Annual Aggregate $ 5,000,000.00

- Professional Errors and Omissions (Only appliable for Design & Engineering Companies)

Each Claim $ 2,000,000.00

Annual Aggregate $ 2,000,000.00

Insurance Inclusions – The comprehensive general liability insurance shall include independent contractors’ protective liability, products and completed operations broad-form property damage coverage. The completed operations and products liability shall be maintained for two years after final payment.

Contractual Liability – The insurance required above shall include contractual liability insurance coverage for the Vendor’s obligations under Section N below entitled, “Hold

Harmless and Indemnification Agreement”.

Certificates of Insurance – Certificates of insurance acceptable to the P.J. Hoerr, Inc.

indicating insurance required by the Contract is in force shall be included in the bid submittal when stated or filed with the P.J. Hoerr, Inc. prior to approval of the Contract by P.J. Hoerr, Inc. These certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least (30) days prior to written notice has been given to the Owner and P.J. Hoerr, Inc.

N. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT

The Vendor shall save and hold harmless and indemnify the Owner, P.J. Hoerr, Inc. and the citizens of the Owner against any and all liability, claims and costs of whatever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the use, service, operation or performance of work under the terms of this contract, resulting from the negligent acts or omissions of Vendor, or any employee, agent or subcontractor. Vendor is not responsible for consequential damages.

O. LIMITED DISTRIBUTION OR USE OF CERTAIN DATA AND INFORMATION

Performance of this contract may require the Vendor to have access to and use of data and information which may be considered proprietary to a government agency or government contractor, or which may otherwise be of such a nature that its dissemination or use, other than in performance of this contract, would be adverse to the interest of the Owner or others.

Vendors agrees that Vendor personnel will not divulge, or release data or information developed or obtained in connection with their performance of the resulting contract, unless made public by the Owner, except to authorized Owner personnel or upon written approval of the Owners Administrator.

Instructions to Bidders – 7

Except as may be otherwise agreed to with a data owner, the Vendor agrees not to use, disclose or reproduce proprietary data, other than as required in performance of this contract; provided, however, that nothing herein shall be construed as precluding the use of any data independently acquired by the Vendor without such limitation.

All proprietary information and all copies thereof shall be returned to the Owner upon completion of the work for which it was obtained or developed.

There shall be no information divulged concerning this Project to anyone, including, for example, information in application for permits, variances, and other approval except such as is necessary to secure the same, provided that all such applications shall be first submitted to the Contractor for approval by the Owner. The Bidder shall not further refer to the Project in any of its promotional materials without the Owner's prior written consent obtained through the Contractor.

P. OWNERSHIP OF EQUIPMENT, INFORMATION AND MATERIALS

If the agreement is for sale of goods, Vendor will pass title to the Owner after completion of the Owner and P.J. Hoerr, Inc.’s obligation and will warrant title. Title to all source data, information and materials furnished to the Owner, together with all plans, system analysis and design specifications and drawings, completed programs and documentation thereof, reports and listings, all test data and test procedures, and all other items pertaining to the work and services to be performed pursuant to this agreement, including any copyright, shall rest with the Owner. Such ownership does not extend to proprietary materials brought in by the Vendor for use on any project. Upon project completion, the Owner shall have the full right to use each of the above for its purposes without compensation or approval by the

Vendor. The Owner shall at all reasonable times have the right to inspect the work and shall have access to and the right to make copies of the above-mentioned items.

Q. RESPONSIBILITY FOR OWNER PROPERTY

The Vendor assumes full responsibility for and shall indemnify the Owner and P.J. Hoerr, Inc. for any and all loss or damage of whatsoever kind and nature to any and all Owner property (and/or property belonging to the Owner), including any equipment, supplies, accessories, or parts furnished, while in Vendor’s custody and care for storage, repairs, or services to be performed under the terms of the resultant contract, resulting from the negligent acts or omissions of Vendor or any employee, agent or representative of Vendor including its subcontractor(s) and its employees.

The Vendor shall do nothing to prejudice the Owner or P.J. Hoerr, Inc.’s right to recover against third parties for any loss, destruction of, or damage to the Owners property (and/or property belonging to other agencies within the Owners control or facilities), and upon the request of the contracting officer shall, at the Vendor’s expense furnish to the Owner and

P.J. Hoerr, Inc. all reasonable assistance and cooperation, including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Owner and P.J. Hoerr, Inc. in obtaining recovery.

R. RIGHT TO AUDIT

Vendor agrees that the Owner or its representatives shall have the right to examine any

Instructions to Bidders – 8

Vendor records which directly relate to this contract.

S. BREACH

Any breach of this contract by Vendor will allow the Owner or P.J. Hoerr, Inc. to cancel without penalty and have any other available relief.

T. TAXES

The Owner is exempt from all State and City sales tax and will provide documentation upon request.

U. CHANGE ORDERS

While the Contract is in effect, if unforeseen conditions require a change or major variations from the original plans, such work will be covered by a Change Order. The Change Order shall be outlined in complete detail the nature of the change and its reasons, therefore.

Whether it is an addition or reduction with respect to the original Contract price is to be covered in detail as well as any extension or reduction of the completion date. Any work requiring a Change Order shall receive prior approval from the Project Manager before commencing.

V. PAYMENT:

A. Owner will make ninety percent (90%) partial payment as the work progresses and is found satisfactory by P.J. Hoerr, Inc. and Owner's Representative. Trade contractor may submit to the Owner through P.J. Hoerr, Inc., not more than once a month, a partial payment invoice, using the form designated, setting forth the value, based on the prices in this Proposal, of labor, materials and supplies furnished and incorporated in the work to the satisfaction of P.J. Hoerr, Inc. and Owner's

Representative and of materials suitably stored on the site at the date of such submission. Five percent (10%) of the value of the work completed will be retained by the Owner until Substantial Completion and acceptance by the Owner.

B. Within five (5) days after the Preconstruction Conference, the trade contractor shall submit to P.J. Hoerr, Inc. a copy of their Schedule of Values broken out by material and labor on a standard AIA form (or equivalent). P.J. Hoerr, Inc. and trade contractor shall review and edit said schedule for possible additions or deletions.

This schedule, once edited and approved by P.J. Hoerr, Inc. shall be used as the basis for the trade contractor's Applications for Payment. If P.J. Hoerr, Inc. does not receive a Schedule of Values from the trade contractor within five (5) days after the

Preconstruction Conference, P.J. Hoerr, Inc. shall complete the Schedule of Values for the trade contractor and said Schedule of Values shall become the basis for trade contractor's payment.

C. Applications for payment will be submitted by P.J. Hoerr, Inc. to the Owner on the

1st day of every month for approval by the Owner at their regularly scheduled meetings. Trade contractors shall submit applications for payment to P.J. Hoerr, Inc.

no later than the 20th day of each month. Failure of a trade contractor to submit their pay application before the 20th day of each month will result in their pay application being held until the following month's pay application to the Owner.

D. During the term of the Contract, or if work continues, whichever is longer, and on a weekly basis, the trade contractor shall submit by email a Certified Payroll to P.J.

Hoerr, Inc. The certified payrolls must be current for approval of pay application.

Instructions to Bidders – 9

Certified payroll shall consist of the following documents: a list of all laborers, mechanics, and other workers employed by them to perform the work here under.

The records shall include the following information for each worker: name, address, telephone number, unique identification number, work classification(s), the hourly wages paid in each pay period, including the fringes paid to the employee, the number of hours worked each day, and the starting and ending times of work each day. Certified Payrolls shall not include the full Social Security numbers.

E. Partial lien waivers from prior pay applications shall accompany subsequent pay requests, starting with the second pay application. Upon final payment request, a final lien waiver shall be submitted with the final pay application.

11. EXAMINATION OF SITE

A. Before submitting a bid, the bidder is required to carefully examine all Contract Documents, visit the site(s), note existing facilities, project conditions and limitations affecting the Work to be performed under this Contract. Include all costs related to your Work affected by these conditions.

B. By submitting a bid, the bidder agrees he/she has examined the Contract Documents, has visited the site(s), noted all project conditions and limitations affecting the Work and fully understands the nature of the Work, general and local conditions, and accepts the unmodified

Subcontract Agreement as the form of the Contract Agreement between the Bidder and P.J.

Hoerr, Inc.

C. By submitting a bid, the bidder agrees that he/she will not make any claim for damages or additional compensation because of lack of information, or because of any misunderstanding, or because of any misinterpretations of the requirements of the Contract.

D. By submitting bid, the bidder agrees that he/she has reviewed and is responsible for all work required by the bid package and has familiarized himself/herself with the work of all other bid packages that interface with their work.

E. It is the purpose and intent of the Contract Documents that a fully complete job be accomplished. It shall be each Bidder's responsibility to include all costs necessary to provide labor and materials for that portion of the Work bid upon, including incidentals, whether or not specifically required in the Specifications and Drawings.

F. No allowance shall be subsequently made on behalf of a Bidder by reason of an error or oversight on its part resulting from its failure to so examine the Construction Documents for the other trades.

G. Each Bidder understands that past acceptance of products does not assure acceptance on this

Project. Products not specifically specified may require requests for approval prior to bid due date.

12. INTERPRETATIONS

A. No oral interpretations will be made to any bidder as to the meaning of the contract documents or specifications outside of pre-bid conferences. Every request for interpretation outside of pre-bid conferences shall be made in writing and submitted to the P.J. Hoerr Inc, for review and clarification.

B. The bidder shall, in the event of any discrepancies, omissions or errors in the Contract

Documents, or in the event of doubt on the part of a bidder as to their intent or meaning, direct inquiries by fax or email to estimating@pjhoerr.com . No inquiries, written or otherwise, will be accepted within 72 hours prior to the time and date of the bid opening.

C. Where appropriate, interpretations will be confirmed by Addendum to all bidders. Direction

Instructions to Bidders – 10 received from other parties and not confirmed via Addendum shall not be considered.

D. Such Addenda, issued during the bidding period, shall be acknowledged on the Bid Form, and shall be included in the Contract at the time of award.

13. TECHNICAL REQUIREMENTS:

Where compliance with two (2) or more sets of requirements is specified and overlapping those requirements establishes two distinct levels or minimums for a particular quality, the more stringent level will be enforced - this is the more costly of the two levels. Refer instances of different-but-equal requirements to the Contractor for decision. Refer instances of uncertainty as to which of two levels of quality is more stringent to the Contractor for decision.

14. OPENING OF BIDS:

Bids will be opened publicly in the county board room at 2:30PM following the closing of the bidding timeline on the due date.

15. WITHDRAWAL OF BIDS

Bidders may withdraw a bid proposal at any time prior to the bid closing time by written request. No bidder shall withdraw his bid for a period of ninety (90) calendar days from the bid opening date and prices submitted in the bid shall remain firm for at least 90 days.

Negligence on the part of the bidder in preparing a bid proposal confers no right of withdrawal or modification of a bid proposal after it has been opened. No bid will be opened which has been received after the closing time specified in the bid proposal. Late bids will be marked "Late" and shall be returned to the bidder unopened.

16. AWARD OF CONTRACT

A. A. For ITBs, an award will be made to the lowest responsive, responsible bidder that complies with the terms and conditions of the specifications provided that it is in the best interest of the

Owner to accept the bid. Awards may be made on a per item basis or total low bid overall. The quality of the articles to be supplied, their conformity with specifications, their suitability to the requirements of the Owner and delivery and discount terms will be taken into consideration in making the award.

B. For RFPs, an award will be made to the respondent whose proposal is rated the highest by a selection committee after specific selection criteria have been evaluated and whose offer is deemed to best meet the needs and interest of the Owner and its citizens.

C. Award of a contract as a result of the solicitation is dependent upon the availability of funds from which payments will be made.

D. Professional service selection will be awarded within the guidelines of the Local Government

Professionals Service Act (50ILCS 510/0.01).

E. Subsequent to the award, and within ten (10) days after the prescribed Contract (the standard

P.J. Hoerr, Inc. Subcontract Agreement) is presented for his signature, the Awardee shall execute and deliver them to P.J. Hoerr, Inc., in such number of counterparts as P.J. Hoerr, Inc.

and Owner may require.

F. The failure of the Awardee to execute such Contract and to supply the required bonds when the

Contract is presented for signature or within such extended period as P.J. Hoerr, Inc. may grant, based upon reasons determined adequate by P.J. Hoerr, Inc. shall constitute default; and P.J.

Hoerr, Inc. with the Owner's consent, may either award the Contract to the next responsible

Instructions to Bidders – 11

Bidder or re-advertise for bids.

G. No modifications of the subcontract agreement will be allowed unless agreed upon prior to the bid date. A sample subcontract agreement has been provided in the bidding documents for bidders to review.

17. REJECTION OF BIDS

The Owner reserves the right to reject any or all bids when such rejection is in the best interest of the

Owner and to restart the bidding process at any time after such rejection if so desired.

A. The Owner reserves the right to reject each and every bid, to waive formalities or informalities in bidding.

B. The Owner reserves the right to accept or reject alternates regardless of their order or sequence.

C. Bidders may be required to be prequalified to bid on certain scopes of work for this Project. Any

Bid received from a Contractor who has NOT been prequalified will be considered non-responsive and will be disqualified. Bid will NOT be opened and will be returned to Bidder.

D. The right is reserved to reject a Bid where an investigation of the available evidence of information does not satisfy the Owner that the Bidder is responsible for fulfilling the terms of the

Contract Documents.

E. Only "bona fide" bids in a definite stated amount, without special clauses governing price of labor and material increases, will be considered. The Contract shall not include what is commonly known as the "Escalator Clause".

F. Bids which contain qualifications or conditions that are contrary to the intent of the Contract

Documents, and which are inserted in the bid for the purpose of limiting or otherwise qualifying the responsibility of the Bidder, outside of the intent of the Contract Documents, will be determined to be non-responsive.

G. Failure to submit the requested information with the bid shall be grounds for rejecting the bid.

H. The Bidder acknowledges the right of the Owner to reject bids and to waive informalities or irregularities in bids received. In addition, the Bidder recognizes the right of the Owner to reject a bid if the Bidder failed to submit the data required by the bidding Documents or if the bid is incomplete or irregular.

18. ACCEPTANCE OF BIDS

The right is reserved, as the interest of the Owner may require, to reject any or all bids and to waive any minor informality or irregularity in the bids received. The Owner will enter into a contract or reject all bid proposals within ninety (90) calendar days from the bid opening date.

A. It is the intent of the Owner to accept the bids of the lowest responsible bidders, as determined pursuant to the Bidding Documents. In the opinion of the Owner, there are two prime concerns in accepting bids, the lowest bid, and the responsibility of the Bidder to complete the Project within the dates set forth in the Project Bidder’s Manual.

B. A responsible Bidder will be determined based on the information submitted and additional independently obtained information and shall:

1. Have a successful history of job completion and conformance with set schedules.

2. Have the financial capacity to complete this Project.

3. Have company organization and personnel capable of scheduling, coordinating, and completing the Project; and

Instructions to Bidders – 12

4. Have a safe work record and an acceptable Experience Modification Record (EMR).

C. In determining whether a Bidder is a responsible Bidder, and in evaluating the information submitted and other information which the Owner has been able to develop, the Owner will consider such matters considering the absolute necessity to have the Project completed to meet the specified time deadlines.

D. The Owner shall have the right to waive informalities or irregularities in a Bid Form received and to accept the bids which, in the Owner's judgment, are in the Owner's best interest. Bid Forms containing alterations, omissions, conditions, or irregularities of any kind may be rejected or may be considered by either the Contractor or by the Owner. If such bids are considered, they shall be considered as if they were submitted without any such alterations, omissions, conditions, or irregularities of any kind. Accordingly, if such bids are considered and accepted, any such alterations, omissions, conditions, or irregularities of any kind shall have no binding effect.

19. ALTERNATE BIDS

The specifications describe the supplies and/or services, which the Owner feels are necessary to meet the performance requirement of the Owner. Bidders desiring to bid on items which deviate from these specifications, but which they believe to be equivalent, are requested to submit alternate bids. However, Alternate Bids must be clearly marked as such and deviations from the specifications must be plainly noted. The bid must be accompanied by complete technical specifications of the alternate item(s) offered. Equivalency shall be at the Owner's sole discretion, and it shall be the Owner's sole decision whether to accept an alternate or not.

a. Alternates, if requested, are included to enable the Owner to compare total costs where alternate materials and methods might be used. Alternates will be described on the Bid Form and in the Technical Documents.

i. The successful bidder shall not modify, withdraw, or cancel any of the Alternate Bids, or any part thereof, for the period of time noted in the project manual and

ii. The Bidder shall be responsible for any changes in the Work affected by acceptance of these Alternates. Claims for extras resulting from changes caused by the Alternates will not be allowed.

iii. See Technical Documents for Descriptions of Alternates.

b. Should the alternate not be applicable to the scope of work included in the Work Category, Bidder shall insert (N/A) on the alternate line item.

20. ACCEPTANCE OF ALTERNATES/LOW BIDDER DETERMINATION:

a. The Owner shall have the right to accept Alternates, in any order or combination, and to determine the low Bidder based on the sum of the Base Bid and Alternates accepted.

b. Subject to the right of the Owner to reject any, the Construction Manager will award the Contract for the Work to the Bidder submitting the lowest responsive bid. In determining which bid is the lowest responsive bid, the Construction Manager and/or Owner may take into consideration not only the amount of the bid but also:

1. Whether the Bidder has submitted a bid or quote that conforms in all material respects to the specifications.

2. Whether the Bidder has submitted a bid that complies specifically with the Invitation to

Bid and the Instructions to Bidders.

3. Whether the Bidder has complied with all applicable statutes.

4. The ability and capacity of the Bidder to perform the Work.

5. The integrity, character, and reputation of the Bidder.

Instructions to Bidders – 13

6. The competence and experience of the Bidder.

c. The failure to submit requested information on a timely basis may result in the determination that the Bidder is not responsive.

d. In addition to the above items, the Owner will consider awarding Work if the target dates of the

Guideline Schedule and completion of Work can be met within the specified number of consecutive calendar days.

21. ESCALATION:

Each bidder shall include necessary accommodation in their bid, as there will be NO opportunity to pursue escalation cost reimbursement.

22. TEMPORARY ON-SITE FACILITIES:

Each bidder must include in its bid all costs for installation, maintenance, relocation and removal of temporary sheds, temporary storage facilities/field offices, telephone services, and drinking water required for its exclusive use.

23. ENGINEERING/LAYOUT:

The Bidder shall include all surveys and layout for its work from on-site benchmarks. Benchmarks shall be provided by P.J. Hoerr, Inc. by way of establishing four points (with elevations) of the entire site, and

4 to 5 benchmarks of the building footprint.

24. DEFAULT

In case of default by the vendor, the Owner and P.J. Hoerr, Inc. will procure the articles or services from other sources and hold the vendor responsible for any excess cost incurred.

25. CANCELLATION

The Owner reserves the right to cancel in whole or in part, any contract, if the contractor fails to perform any of the provisions in the contract or fails to make delivery within the time stated. The contractor will not be liable to perform if situations arise by reason of strikes, acts of God or public enemy, acts of the

Owner, or disasters beyond the control of either the Owner or the Contractor such as fire or flood.

26. SIGNATURES

Each bid or proposal must be signed by the bidder with his usual signature. Bids by partnerships must be signed with the partnership name and by one of the members of the partnership, or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the name of the corporation, followed by the signature and title of the person authorized to bind the corporation in a contract. All signatures must be in ink.

27. SPECIAL CONDITIONS

Where special conditions are written in the specifications, these conditions shall take precedence over any conditions listed under the “Instructions to Bidders”.

28. PERMITS AND LICENSES

The successful bidder shall obtain, at his own expense, all permits and licenses which may be required to perform the contract, unless otherwise stated.

a. Trade contractors shall include in their Bid the amount necessary to obtain required permits for

Instructions to Bidders – 14 their scope of work. P.J. Hoerr, Inc. / Owner will obtain the Building Permit. In addition, trade contractor shall include in the Bid the cost for all permits, inspection fees, utility connections, curb opening fees and similar charges imposed by government and quasi-governmental entities with jurisdiction, as may be required for all work to be performed for this Project.

b. Low Responsive Bidders to whom each Work Category is awarded shall perform the Work in compliance with all codes, laws, ordinances, rules, regulations, and orders of any public authority or utility company having jurisdiction. Trade contractors assume full responsibility for non-compliance to published regulations.

29. PRICES SPECIFIED

The bidder agrees to furnish the material or services according to the Owner’s plans, specifications and conditions and at prices specified in the bid proposal.

30. SAMPLES

When required, samples of items must be submitted within the timeframe specified and at no expense to the Owner or P.J. Hoerr, Inc.; and, if not destroyed in testing, will be returned at the bidder’s request and expense. Samples which are not requested to be returned by the vendor within thirty (30) days, will become the property of the Owner and P.J. Hoerr, Inc.

31. PREVAILING WAGE RATES:

a. Contracts for work under some bids will obligate the awarded Contractor and its

Subcontractors to pay workers on the project the current prevailing wage. Provisions of the Prevailing Wage Act, 820 ILCS 130/0.01 et. seq. will apply to public works projects.

Public works projects include all fixed works as defined in the Prevailing Wage Act.

Applicable prevailing wage rates are on file in the office of the County Clerk, for examination.

b. During the term of the Contract, or as long as work continues, whichever is longer, and on a monthly basis, the Contractor shall submit in person, by mail or electronically, a certified payroll to the project manager at P.J. Hoerr, Inc. The certified payroll shall consist of a complete copy of the following records: a list of all laborers, mechanics, and other workers employed by them to perform the work hereunder.