Fire_Stations_1_&_2_Boiler_Replacement_(Addendum_#1_Revision).pdf

INVITATION TO BID

2025-05

FIRE STATIONS 1 & 2 BOILER REPLACEMENT

City of Bloomington

115 East Washington Street, Suite 403

Bloomington, IL 61701

RELEASE DATE: June 24, 2024

DEADLINE FOR QUESTIONS: July 3, 2024

RESPONSE DEADLINE: July 8, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityblm https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Bloomington

INVITATION TO BID

Fire Stations 1 & 2 Boiler Replacement

I. Legal Notice II. Introduction

III. Instruction to Bidders/Consultants IV. Scope of Work V. Pricing Proposal

VI. Equal Opportunity Initiatives & Goals VII. Insurance Requirements

VIII. Terms and Conditions IX. Vendor Questionnaire

Attachments:

A - FS 1&2 Boiler Replacement General Project Specs

B - FS 1&2 Boiler Replacement Technical Specs

C - FS 1&2 Boiler Replacement Plans

Invitation to Bid #2025-05 Title: Fire Stations 1 & 2 Boiler Replacement

1. Legal Notice

1.1. Invitation to Bid - City of Bloomington, Illinois

Sealed bids will be received via the City’s e-Procurement Portal, OpenGov

(https://procurement.opengov.com/portal/cityblm), until Monday, July 8, 2024 at 2:00 pm Central time, at which time they will be publicly opened and read for the following:

BID #2025-05 Fire Stations 1 & 2 Boiler Replacement

A non-mandatory pre-bid meeting/site visit will be held on Wednesday, June 26, 2024 at 2:00 pm central time, at:

Fire Station 1 - 310 N Lee St., Bloomington IL 61701

It is highly suggested that interested parties attend. This is the only time scheduled for a site visit.

Bid documents are to be obtained from the City's e-Procurement Portal. Bidders/Consultants shall create a FREE account with OpenGov by signing up at https://procurement.opengov.com/signup. Once account registration has been completed, browse back to https://procurement.opengov.com/portal/cityblm, click on "Submit Response", and follow the instructions to submit the electronic bid. Only Bidders/Consultants following the project, with an active account, are eligible for the contract award.

We encourage bidders and the public to participate remotely by watching/listening to the bid opening remotely via the City's livestream: www.cityblm.org/bidopening.

The City of Bloomington reserves the right to reject any and all bids and to waive technicalities.

Bid must be accompanied by a Bid guaranty which shall not be less than ten percent (10%) of the amount of the Bid. Bid guaranty may be a cashier’s check, money order, certified bank check, or a surety bond. All guaranties, except surety bonds, will be deposited and reimbursement checks and surety bonds will be issued to unsuccessful bidders following the bid award. The successful bidder will be required to provide Performance and Payment Bonds in the amount equal to 100% of the contract price, within ten (10) business days after the bid award.

The City of Bloomington requires all Bidders/Consultants doing business with the City not to discriminate on the basis of race, age, color, religion, gender, ancestry, national origin, marital status, mental or physical disability unrelated to ability, familial status or sexual orientation.

Carla Murillo, Procurement Manager

Monday, June 24, 2024, Bloomington, Illinois

../../../portal/cityblm ../../../portal/cityblm ../../../signup ../../../portal/cityblm

2. Introduction

2.1. Summary

The City of Bloomington, Illinois ("City") is accepting sealed bids for 2025-05, Fire Stations 1 & 2 Boiler

Replacement to be submitted via the City's e-Procurement Portal, OpenGov until Monday, July 8, 2024, 2:00 pm CST.

2.2. Background

The City of Bloomington, incorporated in 1856, is a home rule unit of government under the 1970 Illinois

Constitution. The City of Bloomington is located in the heart of Central Illinois, approximately 125 miles southwest of Chicago, 155 miles northeast of St. Louis and 64 miles northeast of Springfield, the State

Capital. The City of Bloomington is the County Seat of McLean County, the largest county in Illinois

(approximately 762,240 acres). The results of the 2010 Census shows the City now has a population of

76,610 citizens. The economic strength of the City of Bloomington metropolitan area is well diversified with no single dominating industry.

2.3. Contact Information

Project Contact:

Russel Waller

Director of Facilities

109 E. Olive

Bloomington, IL 61701

Email: rwaller@cityblm.org

Phone: (309) 434-2492

Procurement Contact:

Carla Murillo

Procurement Manager

109 E Olive Street

Bloomington, IL 61701

Email: cmurillo@cityblm.org

Phone: (309) 434-2277

Department:

Facilities Management

2.4. Timeline

The following projected timetable should be used as a working guide for planning purposes. The City reserves the right to adjust this timetable as required during the course of this statement process.

Bid Released June 24, 2024 mailto:rwaller@cityblm.org tel:(309)434-2492 mailto:cmurillo@cityblm.org tel:(309)434-2277

Pre-Bid Meeting/Site Visit (Non-

Mandatory)

June 26, 2024, 2:00pm

Fire Station 1 - 310 N Lee St., Bloomington IL 61701

Questions Due to City July 3, 2024, 5:00pm

Response from City July 5, 2024, 3:00pm

Bids Due July 8, 2024, 2:00pm

Bid Opening July 8, 2024, 2:00pm

Anticipated Award Date July 22, 2024

3. Instruction to Bidders/Consultants

3.1. Bid Submission

Bidders/Consultants are required to submit sealed bids via the City's e-Procurement Portal, until

Monday, July 8, 2024, 2:00 pm CST.

3.2. Definition

"City" shall mean the City of Bloomington, Illinois.

3.3. Pre-Bid Meeting

A non-mandatory pre-bid meeting will be held on Wednesday, June 26, 2024, commencing promptly at

2:00 pm, and will be held:

Fire Station 1 - 310 N Lee St., Bloomington IL 61701

A site visit will be held immediately following the pre-bid meeting.

The purpose of the pre-bid meeting is to allow an open forum for discussion and questioning with City staff regarding the ITB with all prospective bidders/consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the ITB. Only written responses to written questions will be considered official, and will be included as part of the ITB.

All prospective bidders/consultants are strongly encouraged to attend.

3.4. Questions

All questions related to this Invitation to bid (ITB) shall be submitted in writing through the ProcureNow

Question/Answer Tab via the City's e-Procurement portal, on or before, Wednesday, July 3, 2024 by 5:00

pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders/consultants following this solicitation on the City's e-Procurement Portal.

3.5. Addenda

Any addenda shall be posted on the City's e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this ITB. Failure of any bidder/consultant to receive any such addenda or interpretation shall not relieve such bidder/consultant from any obligation under their bid as submitted. All addenda so issued shall become part of the contract documents.

3.6. Withdrawal of Bid

Bids may be withdrawn through the City's e-Procurement Portal, the responding firm may “unsubmit” their bid in ProcureNow. After withdrawing a previously submitted bid, the responding firm may submit another bid at any time up to the deadline for submitting bids prior to the bid opening. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of bids following the bid opening, or to cancel awards or contracts based on bid mistakes, will be submitted in writing and will be supported by a written determination made by the Procurement Manager.

3.7. Rejection of Bids

The City of Bloomington reserves the right to reject any and all bids and to waive technicalities and to accept that bid which is to be considered to be in the best interest of the City. Any such decision shall be considered final.

3.8. Bid Opening

Telephone/Fax/Verbal Offers Will Not Be Accepted.

Bids shall be publicly opened and read at the time and date set. It is the responsibility of the

Bidders/Consultants/Contractors to see that the bid is submitted in the City's e-Procurement Portal, by the specified time and date. Bids received after the time and date will not be accepted.

4. Scope of Work

4.1. Project Description

Replacement of boilers and other related work at Fire Stations 1 and 2.

5. Pricing Proposal

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Fire Station 1 Boiler Replacement 1 LS

2 Fire Station 2 Boiler Replacement 1 LS

3 Contingency (10% of Items 1 +2) 1 LS

TOTAL

6. Equal Opportunity Initiatives & Goals

6.1. § 16-414 [Ch. 16, Sec. 59] Equal Opportunity in City Contracts

The City is committed to the following diverse workforce aspirational goals: (1) ensuring non-discrimination in the award and administration of City contracts; (2) encouraging a level playing field on which MBEs, WBEs, and DBEs can compete fairly for City contracts; (3) promoting the use of female and minority workers on City projects; (4) ensuring that female and minority participation goals are narrowly tailored in accordance with applicable law; and (5) providing appropriate flexibility to businesses in establishing and providing opportunities for female and minority workers.

The complete City Code can be seen at: https://ecode360.com/34407491

For any questions regarding the Ordinance, City Code, or completing the required forms, please contact

Michael Hurt, Chief Diversity & Inclusion Officer, at mhurt@cityblm.org or gwilson@cityblm.org or call

309-434-2468.

https://ecode360.com/34407491 mailto:mhurt@cityblm.org mailto:gwilson@cityblm.org

7. Insurance Requirements

7.1. Insurance - ($250,000 - $499,999.99)

Prior to the commencement of work governed by any contract between the CITY and any Third Party, the Third Party shall provide the CITY satisfactory evidence of insurance coverage via a valid Certificate of Insurance showing coverage provided by a carrier who has no less than an A- VIII rating with AM

Best’s Rating. The Certificate must list the CITY, its employees, and officials as additional named insured’s. The Certificate must also list coverage as primary and non-contributory, include a waiver of subrogation, and include a thirty (30) days cancellation notice.

All coverage, as follows shall be maintained through the life of the contract and include, as a minimum:

A. General Liability – $2,000,000 per occurrence/$4,000,000 aggregate Bodily Injury and Property

Damage

B. Products & Completed – $2,000,000

C. Worker’s Compensation – $1,000,000 Each Accident/$1,000,000 Disease-Each

Employee/$1,000,000 Disease-Policy Limit

D. Automobile Liability – $2,000,000 with $5,000 medical payments

E. Umbrella/Excess Liability – $5,000,000

F. Errors & Omissions – $2,000,000

1. Required for contracts with Consultants for Professional Services

G. Crime & Theft Coverage – $2,000,000

1. Required when Third Party will have access to City property

8. Terms and Conditions

8.1. Ex Parte Communication

Please note that to insure the proper and fair evaluation of a proposal or bid, the City of Bloomington prohibits ex parte communication (i.e., unsolicited) initiated by the Bidder to a City Official (i.e. City

Aldermen, Mayor, etc.) or Employee evaluating or considering the proposal/bid prior to the time a selection has been made. Communication includes but is not limited to fax, phone calls, email and personal visit. Communication between Bidder and the City shall be directed in writing to the

Procurement Manager or designated contact person only. The Procurement Manager will obtain the information or clarification needed. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the proposal/bid and repeat offenders may be disqualified from future projects.

8.2. No Bid

Bidders/Consultants who are not able to submit a bid for this service, but wish to receive bid tabulation should "Follow" the project to receive automated notifications pertaining to this solicitation.

8.3. Delivery

F.O.B. Bloomington, IL FREIGHT PREPAID.

Delivery will be considered in making the award and the Bidders/Consultants shall state, in the spaces provided, expected delivery after receipt of Purchase Order. Failure to meet said delivery promises without prior consent of the City Procurement Manager may be considered a breach of faith.

8.4. Full Pricing and Contingencies

Please quote your best net price including delivery and discounts to meet the approval of the City. Prices shall be stated in units of quantity specified. No additional charges shall be passed to the City, including any applicable taxes, delivery or surcharges. Prices quoted shall be the final cost to the City. The City shall hold the successful Bidder/Consultant to the bid pricing. Additional charges for contingencies discovered by the Bidder/Consultant at any time after the date of the opening of this bid may not be considered for payment by the City.

8.5. Payment Terms

If payment terms are not indicated, terms of NET 45 days shall be applied by the City. Payment terms to apply after receipt of invoice or final acceptance of the products/services, whichever is later. Payment terms offering less than 20 days for payment will not be considered.

8.6. Bid Evaluation

Bids will be evaluated and awarded to the lowest responsible, responsive Bidder. The quality of the services, conformity with the specifications, suitability to the requirements, delivery terms including length of time for delivery, qualifications and references will be taken into consideration in making an award. The City will be the sole judge of acceptability of any products offered.

8.7. Quality

The scope of work or specification is intended to procure a quality product or service. Quality must be proven to the satisfaction of the City to meet or exceed requirements as set forth in the scope of work.

Items shall be manufactured according to the highest traditions of the industry and shall meet all commercial standards of quality. The City will be the sole judge of acceptable products/services.

Unacceptable products/services will be rejected and suitable price adjustments be made.

It is the bidder’s task to be familiar with the referenced items and to offer only products/services of equal or greater quality. Samples, when requested, must be furnished free of expense, and upon request, if not destroyed, may be returned at the Bidder’s risk and expense.

8.8. Recourse for Unsatisfactory Materials

Payment shall be contingent upon the City’s inspection of and satisfaction with completed work. Any defective work or materials, non-conformance to bid specifications, damaged materials, or unsatisfactory installation shall be corrected to the City’s satisfaction by the successful bidder/consultant at no additional charge.

8.9. Investigation

Consultants must acquaint themselves with the policies of the City and may do so by contacting the

Procurement Manager. All questions as to the meaning of the scope of work must be resolved prior to the bid submission deadline. It is the Consultant’s responsibility to check with City Clerk prior to submitting their bid to ensure that they have received all Addenda issued.

8.10. Proof of License, Permit, Etc.

Consultants must provide proof of conformance with any applicable Federal/State/Local permits, licenses, certifications, etc., as stated in the scope of work/specifications section. It is the Consultant’s responsibility to inquire about requirements of performing the job with the requesting department contact person.

8.11. Bid Form

The entire package shall be electronically returned complete and intact with all information requested and all questions answered. Failure to do so may be considered grounds for rejection of the bid. The amount of the bid shall be stated in the pricing table within ProcureNow.

8.12. Specifications

The Specification may, in some areas, be unique to a particular brand of product or type of service. If this situation exists, equal consideration will be given to all Bidders/Consultants whose items, in the opinion of the City, meets or exceeds performance in these areas.

8.13. Equals or Substitutes

Or Equal

Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer / Project Manager authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below.

If Engineer / Project Manager in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer / Project Manager shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if:

In the exercise of reasonable judgment Engineer / Project Manager determines that:

1. It is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;

2. It will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;

3. It has a proven record of performance and availability of responsive service; and

4. It is not objectionable to Owner.

Contractor certifies that, if approved and incorporated into the Work:

1. There will be no increase in cost to the Owner or increase in Contract Times;

2. It will conform substantially to the detailed requirements of the item named in the Contract

Documents.

Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at

Contractor’s expense.

Engineer / Project Manager’s Evaluation and Determination: Engineer / Project Manager will be allowed a reasonable time to evaluate each “or-equal” request. Engineer / Project Manager may require

Contractor to furnish additional data about the proposed “or-equal” item. Engineer / Project Manager will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer / Project Manager’s review is complete and Engineer / Project Manager determines that the proposed item is an “or-equal”, which will be evidenced by an approved Shop Drawing or other written communication. Engineer / Project Manager will advise Contractor in writing of any negative determination.

Substitutes

Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer / Project Manager authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site.

Contractor shall submit sufficient information as provided below to allow Engineer / Project Manager to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer / Project Manager will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor.

The requirements for review by Engineer / Project Manager will be as set forth below, as supplemented by the Specifications, and as Engineer / Project Manager may decide is appropriate under the circumstances.

Contractor shall make written application to Engineer / Project Manager for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application:

a. shall certify that the proposed substitute item will:

1. perform adequately the functions and achieve the results called for by the general design,

2. be similar in substance to that specified, and

3. be suited to the same use as that specified.

b. will state:

1. the extent, if any, to which the use of the proposed substitute item will necessitate a change in

Contract Times,

2. whether use of the proposed substitute item in the Work will require a change in any of the Contract

Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and

3. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty.

c. will identify:

1. all variations of the proposed substitute item from that specified, and

2. available engineering, sales, maintenance, repair, and replacement services.

d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change.

Engineer / Project Manager’s Evaluation and Determination: Engineer / Project Manager will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from

Owner. Engineer / Project Manager may require Contractor to furnish additional data about the proposed substitute item. Engineer / Project Manager will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer / Project Manager’s review is complete and Engineer / Project Manager determines that the proposed item is an acceptable substitute. Engineer / Project Manager’s determination will be evidenced by a Field Order or a proposed

Change Order accounting for the substitution itself and all related impacts, including changes in Contract

Price or Contract Times. Engineer / Project Manager will advise Contractor in writing of any negative determination.

Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at

Contractor’s expense.

8.14. Brand Name, Model, Scope of Work

All Bidders/Consultants shall include with their bid brand names, models, catalog numbers, and complete information about the items they are offering. Safety Data Sheets, SDS, are required for all chemical Bids. Failure to do so may be considered grounds for rejection of the bid.

8.15. Default By Bidders/Consultants/Contractor

In the event of default by Bidder/Consultants/Contractor, the City reserves the right to procure the services from other sources, and hold the Bidders/Consultants liable for any excess costs occasioned thereby. Additionally, a contract shall not be assignable by the Bidders/Consultants in whole or in part without the written consent of the City of Bloomington.

8.16. Bid Bond

Bids in excess of $10,000 must be accompanied by a Bid guaranty which shall not be less than ten percent (10%) of the amount of the Bid. At the option of the Bidder, the guaranty may be a cashier’s check, mon-ey order, certified bank check or a surety bond. All guaranties, except surety bonds, will be deposited and reimbursement checks and surety bonds will be issued to unsuccessful bidders following the bid award. The Bid bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such Bid bond shall be within the maximum amount specified for such Company in said Circular 570. No Bid will be considered complete unless it is accompanied by the required guaranty of a cashier’s check, money order, certified bank check made payable to the City of Bloomington; or a surety bond. The Bid guaranty shall insure the execution of the

Agreement and the fur-nishings of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents.

Revised Bids submitted before the opening of Bids, whether forwarded by mail or telegram, if represent-ing an increase in excess of two percent (2%) of the original Bid, must have the Bid guaranty adjusted ac-cordingly; otherwise the Bid will not be considered.

8.17. Cancellation

Failure to comply with the terms and conditions as herein stated shall be cause for cancellation of the contract. The City will provide a written notice of unsatisfactory performance and the Bidder/Consultant or Bidders/Consultants will be allowed adequate time, typically thirty (30) days, to take corrective action and accomplish satisfactory control. If at the end of the stated time to correct, the City may deems that the Bidder/Consultant or Bidders'/Consultants' performance is still unsatisfactory, the contract may be canceled. The exercise of its right of cancellation shall not limit the City’s right to seek any other remedies allowed by law.

8.18. Rejection of Bids, Waivers or Irregularity

The City reserves the right to reject any or all bids, to waive irregularities, and to accept that bid which is considered to be in the best interest of the City. Any such decision shall be final.

8.19. Protests

Any actual or prospective Bidder/Offeror/Consultant who is aggrieved in connection with this proposal or award may protest to the City Manager within ten (10) days of the award. The protest must be submitted in writing to the Office of the City Clerk immediately after such aggrieved person knows or should have known of the facts.

8.20. Prevailing Wage

The State of Illinois requires under public works contracts that the general prevailing rate of wages in this locality be paid for each craft or type of worker hereunder. This requirement is in accordance with the Prevailing Wage Act (820 ILCS 130) as amended. This shall include payment of the general prevailing rate for legal holiday and overtime work. It shall be mandatory upon the subcontractor under the

Contrac-tor. A copy of the most current monthly prevailing wage rates by County is posted on the Illinois

Depart-ment of Labor website at https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/prevailing-wage-rates.aspx. This also acknowledges Public Act 100-1177 effective June 1, 2019. Prevailing Wage rates change monthly, and it is the contractor’s responsibility to ensure the correct wage is paid.

As a prerequisite of awarding construction contracts in excess of $100,000.00, contractor(s) will provide proof of participation in apprenticeship and training programs approved and registered with the United

States Department of Labor’s Bureau of Apprenticeship and Training.

8.21. Certified Payroll Requirements (820 ILCS 130/5 & 820 ILCS 130/5.1)

Contractors and subcontractors on public works projects must submit certified payroll records on a monthly basis to the Illinois Department of Labor Certified Transcript of Payroll Portal, that the wages paid to each worker are not less than the required prevailing rate for that County and that the contractor is aware that filing records he or she knows to be false is a Class B misdemeanor. The certified payroll records must include for every worker employed on the public works project, the name, address, telephone number, social security number, job classification, hourly wages paid in each period, number of hours worked each day, and starting and ending time of each work day. These certified payroll records are considered public records and public bodies must make these records available to the public under the Freedom of In-formation Act, with the exception of the employee’s address, telephone number and social security number. Any contractor who fails to submit a certified payroll or knowingly files a false certified payroll is guilty of a Class B misdemeanor.

8.22. Local preference Policy

The City of Bloomington has adopted a Local Preference Purchasing Policy that is applicable in the City’s competitive bidding processes, except in situations where external funding sources do not permit local preference purchasing allowances, in situations where the goods or services being purchased are available through a cooperative purchasing program, or where waived by the City. Bidders/Consultants should complete the Local Preference Purchasing Policy Certificate if Bidder/Consultant qualifies as a local Bidder/Consultant under the Policy. The Policy is in place to address, in part, responsiveness and related concerns of the City.

8.23. Security

The Bidder/Consultant represents and warrants to the City that neither it nor any of its principals, shareholders, members, partners or affiliates, as applicable, is a person or an entity named as a Specially

Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly, for or on behalf of a Specially Designated or Blocked Person. The

Bidder/Consultant further represents and warrants to the City that the Bidder/Consultant and its principals, shareholders, members, partners, or affiliates as applicable, are not directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this Agreement on behalf of any person or entity named as Specially Designated National and Blocked Person. The Bidder/Consultant hereby agrees to defend, indemnify and hold harmless the City of Bloomington, and all City elected or appointed officials, officers, employees, agents, representatives, engineers and attorneys, from and against any and all claims, damages, losses, risks, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising from or related to any breach of the foregoing representation and warranties.

8.24. Indemnification

Bidder/Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost

(including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of

City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Bidder's/Consultant’s legal counsel unacceptable, then Bidder/Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation. The Bidder/Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of Illinois and will survive termination of this Agreement.

9. Vendor Questionnaire

9.1. Authorized Person(s)*

By submitting a response to this solicitation, the bidder certifies that this Quote is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a quote for the same services, materials, supplies, or equipment, and is in all respect fair and without collusion and fraud. The bidder agrees to abide by all conditions of this quote and certifies that they are authorized to submit this quote.

*Response required

9.2. Bid Bond *

Each bid shall be accompanied by a certified cashier’s check, or bid bond, in the amount of ten percent

(10%) of the total bid price, payable to City of Bloomington, Illinois, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Agreement. The bidder shall guarantee the total bid price for a period of 60 days from the date of the bid opening.

Please upload a copy of your bid bond/cashier's check.

Bidder MUST also submit an original PHYSICAL copy of the bid guarantee to be received no later than the bid due time onMonday, July 8, 2024 addressed to:

City of Bloomington Legal Department

Carla Murillo - Procurement

115 E. Washington St., Suite 403

Bloomington, IL 61701

Please have the Bidder Name, Contract Title ("Fire Stations 1 & 2 Boiler Replacement"), and Contract

Number ("2025-05") listed clearly on the outside of the envelope.

*Response required

9.3. Gift Ban Act*

By submitting a response to this solicitation, we certify that our organization, its officers, employees and agents, have not made any gifts to officers or employees of the City of Bloomington in violation of

Illinois Compiled Statutes, 5 ILCS 430/Article 10, State Officers and Employees Ethics Act (commonly known as the “Gift Ban Act”). The Act is available online at:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=000504300HArt%2E+10&ActID=2529&ChapterI

D=2&SeqStart=1700000&SeqEnd=2200000.

We further certify that as a bidder, we have not violated the Bloomington City Code Chapter 2, Administration; Article I, Section 8: Officers and Employees Generally: Section 8a Prohibition on the

Solicitation and Acceptance of Gifts; and 8b State Officials and Employees Ethics Act. This section of the

Bloomington City Code is available online at https://www.cityblm.org/government/codes-ordinances.

☐ Please confirm http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=000504300HArt%2E+10&ActID=2529&ChapterID=2&SeqStart=1700000&SeqEnd=2200000 http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=000504300HArt%2E+10&ActID=2529&ChapterID=2&SeqStart=1700000&SeqEnd=2200000 https://www.cityblm.org/government/codes-ordinances

*Response required

9.4. Substance Abuse Prevention Program - Public Act 95-0635* Before the Contractor and any Subcontractor commences work, the Contractor and any Subcontractor shall have in place a written Substance Abuse Prevention Program for the prevention of substance abuse among its employees which meets or exceeds the requirements in Public Act 95-0635 or shall have a collective bargaining agreement in effect dealing with the subject matter of Public Act 95-0635.

The Contractor and any Subcontractor shall upload a copy of their substance abuse prevention program along with a cover letter certifying that their program meets the requirements of the Act, or a letter certifying that the Contractor or a Subcontractor has a collective bargaining agreement in effect dealing with the subject matter of this Act.

*Response required

9.5. Vendor Compliance with Public Act 85-1295*

The vendor certifies by signing this statement that this bid is made without prior understanding, agreement or accord with any other person submitting a bid for the same product or service and that this bid is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person engaged in the same line of business or commerce. Furthermore, the firm certifies that it is not barred from bidding on this contract as a result of a conviction for the violation of State laws prohibiting bid-rigging or bid-rotating. Any false statement hereunder constitutes a felony and can result in a fine and imprisonment as well as civil damages. The vendor also understands that failure to sign this statement will make the bid non-responsive and unqualified for award.

☐ Please confirm

*Response required

9.6. City of Bloomington IL Contractor Registration*

The awarded firm must be a registered contractor if the project includes any of the following trades:

General, Electrical, Plumbing & Administrative Permit Processing, HVAC, and/or Signage. If the awarded contractor is not currently registered, the Firm will have five (5) business days to become certified.

Community Development (CD) will process a contractor registration as soon as possible if the firm is pulling a permit or if they notify CD that they have been awarded a bid and need to be a registered contractor. Please reference the following website for further information:

https://www.bloomingtonil.gov/government/departments/building-safety/licenses-registrations

If the solicitation does not include any trade works, you can disregard this section and choose Option 2.

☐ Yes, this solicitation will include one or more of the above trade works and our Firm confirms that we are currently registered or accept that the firm's bid may be rejected if the contractor registration is not completed within five (5) business days after award notification.

☐ No, this solicitation does not include any of the above trade works.

https://www.bloomingtonil.gov/government/departments/building-safety/licenses-registrations

9.7. Insurance*

Vendors providing a service or installing equipment on or about City property shall provide to the City

Clerk evidence of Comprehensive, Liability, and Workman's Compensation insurance prior to commencement of work on City property. The vendor guarantees to save the City, its agents or employees, harmless from liability of any nature or kind, for use of any copyright, composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, or which the vendor is not the patentee, assignee, or licensee.

Furthermore, the vendor hereby agrees to save and hold harmless and indemnify the City from and against all injury, death, damage, loss, claims and liability caused by or arising out of the performance of this agreement by the Vendor, its employees, agents or sub-vendors. This agreement extends to all claims, of any nature, whether made by the Vendor’s employees or third parties.

☐ Please confirm

*Response required

9.8. Certificate of Insurance*

Please upload a copy of your Certificate of Insurance.

*Response required

9.9. Local Preference Purchasing Policy Consideration*

The City of Bloomington has adopted a local preference purchasing policy. Under the terms of the policy local Consultants may be granted a pre‐determined preference in competitive bidding situations. Bids from qualified local Consultants may receive the following adjustment to the submitted bid:

A. 5% up to a maximum of $2,500 on bids of $10,000 up to $50,000;

B. 4% up to a maximum of $10,000 on bids of up to $250,000;

C. 3% up to a maximum of $30,000 on bids of up to $1,000,000; and

D. $50,000 on bids of over $1,000,000.

For purposes of comparison and consideration in awarding contracts the preferential discount will be applied to the low bid of all qualified local Consultants when determining the lowest responsible bid.

The City Council reserves the right to waive or amend the local preference purchasing policy in connection with any bid, when it deems it in the best interest of the citizens of Bloomington.

A Local Consultant is defined as any business that meets all of the following criteria:

A. The business has established and maintained a physical presence within the County of McLean, via the ownership or lease of a building or a portion of a building for a period of not less than 12 consecutive months; and

B. The business employs a minimum of two full time employees at the McLean County location and those employees spend the majority of their work day and work week at the McLean County location; and

C. The business is legally authorized to conduct business within the State of Illinois and the County of McLean.

Select all that apply

☐ The undersigned hereby certifies to the City of Bloomington that it is a Local Consultant as defined above and qualifies for the Local Consultant Preference pursuant to the City of Bloomington Local

Preference Purchasing Policy.

☐ The undersigned acknowledges the firm does not qualify for the Local Preference consideration.

*Response required

9.10. References*

Please provide a minimum of three (3) references to include the following for each reference:

Company Name

Contact Person

Address

Telephone Number

Email

Scope of work performed

*Response required

9.11. Bid Form*

Bid 2025-05

Fire Stations 1 & 2 Boiler Replacement

By submitting a response to this solicitation, we, the authorized person(s) for this organization, agree to the terms and conditions used by the City of Bloomington, Illinois, at the bid price submitted which will be valid for sixty (60) days from bid opening, and to supply all services and/or commodities as required in the requirements and Instructions to Bidders. We further agree to deliver the commodity and/or services as outlined with in this document, FOB Bloomington, Illinois, freight prepaid.

The bidder certifies that it has not been barred from contracting with a unit of State or Local government in the State of Illinois as a result of a violation of Section 33E-3 or 33E-4 of the Criminal

Code of 1961, as amended.

We further agree to complete all of the work, as required in this solicitation, in a complete, neat, and workmanlike manner.

☐ Please confirm

*Response required

9.12. Apprenticeship Training*

If bid is in excess of $100,000.00, contractor(s) will provide, with their bid submission, proof of participation in apprenticeship and training programs approved and registered with the United States

Department of Labor’s Bureau of Apprenticeship and Training.

☐ Please confirm

9.13. Apprenticeship Training Documentation*

Please provide your Apprenticeship Training Documentation.

*Response required

9.14. Prevailing Wage*

By submitting a response to this solicitation the vendor has read, understands and agrees to the requirements of Prevailing Wage as provided for in this solicitation.

☐ Please confirm

*Response required

9.15. Other Documentation

Please upload any additional required certificates, permits, etc. pertaining to this solicitation as a single

PDF file.

9.16. Business Classification*

Please select one of the following:

☐ Corporation

☐ Partnership

☐ Individual Proprietorship

☐ Limited Liability Corporation

*Response required

9.17. Principal Office*

Provide the following information for your Company's principal office:

Name

Address

City, State, Zip

Major Activity of your company (product or service)

*Response required

9.18. § 16-414 [Ch. 16, Sec. 59] Equal Opportunity & Initiatives in City Contracts The City is committed to the following diverse workforce aspirational goals: (1) ensuring non-discrimination in the award and administration of City contracts; (2) encouraging a level playing field on which MBEs, WBEs, and DBEs can compete fairly for City contracts; (3) promoting the use of female and minority workers on City projects; (4) ensuring that female and minority participation goals are narrowly tailored in accordance with applicable law; and (5) providing appropriate flexibility to businesses in establishing and providing opportunities for female and minority workers.

The complete City Code can be seen at: https://ecode360.com/34407491 https://ecode360.com/34407491

For any questions regarding the Ordinance, City Code, or completing the required forms, please contact

Michael Hurt, Chief Diversity & Inclusion Officer, at mhurt@cityblm.org or gwilson@cityblm.org or call

309-434-2468.

9.18.1. Introduction & Guide for the Equal Opportunity Initiatives & Goal for City Contracts*

The City is committed to a diverse workforce and has adopted a policy that incorporates workforce aspirational goals as follows:

A. Ensuring non-discrimination in the award and administration of City contracts

B. Encouraging a level playing field on which MBEs, WBEs, and DBEs can compete fairly for City contracts.

C. Promoting the use of female and minority workers on City projects.

D. Ensuring that female and minority participation goals are narrowly tailored in accordance with applicable law.

E. Providing appropriate flexibility to businesses in establishing and providing opportunities for female and minority workers.

As part of this commitment, aspirational goals have been set for City Construction Contracts defined as

“any contract that exceeds $50,000, to which the City is a party, for the construction, rehabilitation, alteration, conversion, demolition or repair of buildings, highways, or other improvements to real property”. Accordingly, bid submissions for City Construction Contracts must meet the requirements in

Chapter 16 of the City Code (§16-415) to be considered responsive. These requirements can be found online at: ( https://ecode360.com/42071281 ).The following are the aspirational goals set under §16-

414(C)(1) of the City Code:

A. If the bidder will utilize subcontractors, 8% of the total contract amount should be awarded to

MBEs, DBEs, and/or WBEs.

B. 10% of the total hours should be performed by minority workers and 2% by female workers (or a blend thereof).

C. If the aspirational goals are not shown to be met, the contractor may provide written evidence of good faith efforts.

Each bidder must submit an Equal Opportunity Plan (the City’s sample template may be utilized).

Bidders submitting a bid of $50,000.00 or more on a City Construction Contract must complete and submit the Contract Diversity Goal Form. This form sets forth the bidder’s utilization plan for subcontractors (if any), the bidder’s workforce participation plan, and the good faith efforts taken by the bidder if the aspirational goals are not met. Please carefully review all portions of the Contract Diversity

Goal Form as a submission will be non-responsive if the form is not fully completed and uploaded in the

Vendor Questionnaire section.

mailto:mhurt@cityblm.org https://ecode360.com/42071281

In addition to submission of the Contract Diversity Goal Form, bidders on City Construction Contracts must also submit an Equal Opportunity Plan that complies with the requirements of §16-414(F). Bidders may utilize the City’s template for compliance with this requirement.

If you have specific questions about the Procurement side of this process such as utilizing OpenGov or difficulty downloading or uploading the documents, please contact Procurement at procurement@cityblm.org. If you have questions related to completing the forms, please contact

Diversity and Inclusion at mhurt@cityblm.org or gwilson@cityblm.org or call 309-434-2468.

☐ Please confirm

*Response required

9.18.2. Formal Commitment to Provide Equal Employment Opportunities* All private vendors doing business with the City shall be requested to submit a written commitment to provide equal employment opportunity in recruiting, training, and utilizing workers and to require all subcontractors to provide equal employment opportunity in recruiting, training, and utilizing workers. If a private vendor has an individual contract or agreement in excess of $50,000, a formal commitment must be submitted to the City demonstrating the private business' commitment to provide equal employment opportunity as stated above.

Vendors should upload a written commitment.

If you have questions, please contact the Office of Diversity, Equity and Inclusion at 309-434-2468 or mhurt@cityblm.org or gwilson@cityblm.org. Only questions in regard to how to complete this form can be asked and there can be no discussion regarding the bid.

*Response required

9.18.3. Contract Diversity Goal Form*

Please download the below document, complete, and upload.

The Contract Diversity Goal Form is designed to show whether the proposed bidder will meet the participation goals by assigning set percentages of work on the project to MBEs, WBEs, and DBEs (where subcontracting opportunities are offered) and by employing set percentages of female and minority employees. If the Utilization Plan (where there are subcontracting opportunities) and Workforce

Participation Plan do not show the City’s goals are met, the Good Faith Effort section is an opportunity to “tell the story” of your good faith efforts to encourage diversity in construction contracts with the

City of Bloomington.

If you have questions, please contact the Office of Diversity, Equity and Inclusion at 309-434-2468 or mhurt@cityblm.org or gwilson@cityblm.org. Only questions in regard to how to complete this form can be asked and there can be no discussion regarding the bid.

• Contract_Diversity_Goal_For...

*Response required

9.18.4. Equal Employment Opportunity Plan (EEOP) *

mailto:procurement@cityblm.org mailto:mhurt@cityblm.org mailto:gwilson@cityblm.org mailto:mhurt@cityblm.org mailto:gwilson@cityblm.org mailto:mhurt@cityblm.org…