I-25-2016 Volume I.pdf

RETURN WITH BID

SMALL BUSINESS SET-ASIDE

Rolling Owner Controlled Insurance Program

(ROCIP)

CONTRACT I-25-2016

TRI-STATE TOLLWAY (I-294)

LANDSCAPE PLANTING IMPROVEMENTS

I-55 TO PLAINFIELD ROAD

MILE POST 23.1 TO MILE POST 24.5

Illinois Tollway 2700 Ogden Avenue Downers Grove, IL 60515

VOLUME I

REQUIRED DOCUMENTS

TOC-1

TABLE OF CONTENTS

VOLUME I

PART I: Instructions

Bid Schedule and Information SBSP A-1

Pre-Bid Meeting Announcement A-2

New Notice – Small Business Set-Aside NN-1

Construction Bid Check List CL-1 thru CL-3

Instruction and Information to Bidders I-1 thru I-10

PART II: Bid Requirements

Bid P-1 thru P-10

Bid Bond (Insert after P-Pages)

Vendor Disclosure or IPG Active Registered Vendor Disclosure N-1 thru N-2

Bidder Preferences and Affidavit R-1, R-2, R-3

Bidder List of Individual Contacts R-4

Affidavit R-5

Responsible Bidder Affidavit R-6

Current Contractual Obligations S-1

Equal Employment Opportunity Program EEO-1 thru EEO-8

Bid Credit Incentive Programs BCP-1 thru BCP-4

Illinois Tollway Standard Business Terms and Conditions TC-1 thru TC-9

PART III: Contract Requirements

Contract Bond Agreement T-1 thru T-5

Performance Bond U-1, U-2

Payment Bond V-1, V-2

Insurance- Rolling Owner Controlled Insurance Program (ROCIP) I-4

TOC-2

VOLUME II

SPECIAL PROVISIONS J-1 thru J-59

SPECIAL PROVISIONS D1-1 thru D1-4

SPECIAL PROVISIONS IDOT-1 thru IDOT-3

SPECIAL PROVISIONS BDE-1

PART I - INSTRUCTIONS

Bid Schedule and Information SBSP A-1

Pre-Bid Meeting Announcement A-2

New Notice – Small Business Set-Aside NN-1

Construction Bid Checklist CL-1 –thru CL-3

Instruction and information to Bidders I-1 thru I-10

SBSP A-1

THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY

ADVERTISEMENT FOR BIDS

Bid Schedule and information for

CONTRACT NO. I-25-2016

Electronic submissions for the above numbered contract as described below will be received by the Illinois Tollway via BidBuy, the State of Illinois eProcurement System, until 10:30:00 a.m. local time on June 20, 2025. The Illinois State Tollway Highway Authority (ISTHA) will no longer accept manual, hard copy bid submissions. All bidders are strongly encouraged to submit bids timely as the system will not accept late bid submittals. Bid results will be posted on the Tollway’s on-line plan room: www.illinoistollwaybidding.com.

For assistance with registration in BidBuy or submitting electronic bids, please contact the BidBuy Vendor Help Desk at:

il.bidbuy@illinois.gov and /or phone: 866-455-2897.

The optional pre-bid meeting will be held through Microsoft Teams on May 21, 2025, at 1:30 p.m. The meeting information is listed on A-2 page.

The work to be done under this contract shall be started on or about September 15, 2025. All work under this contract shall be completed by September 30, 2028. The location of services to be performed is the Tri-State Tollway (I-294) between Mile Post 23.1 and Mile Post

24.5 in Cook County, Illinois. The scope of the work shall consist of planting of trees and shrubs, maintenance and monitoring of trees and shrubs during the initial planting and establishment periods, weed control, erosion and sediment control, and maintenance of traffic operations.

Bidders are also required to be registered, or submit evidence of application, with the Illinois Department of Human Rights (IDHR).

Please note that written or oral communications received by the Illinois Tollway in connection with this solicitation may be required to be reported to the Procurement Policy Board as required by law. This provision is not intended to prohibit communications with State employees regarding a procurement matter, but rather only requires reporting of those communications when they occur.

All bids must be on forms prescribed by the Illinois Tollway and must comply with the terms and conditions set forth in the contract documents. Copies of the plans, special provisions, bid forms and other contract documents for this contract are available from BHFX Digital Imaging. and can be viewed and/or ordered for purchase by visiting the On-line Plan Room via www.illinoistollwaybidding.com.

Copies of the current Illinois Tollway Supplemental Specifications to the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction can be purchased directly from BHFX Digital Imaging. The current Illinois Tollway Supplemental Specifications may also be viewed in the ‘Doing Business’ section on the Tollway website. Current Illinois Department of Transportation Standard Specifications for Road and Bridge Construction, Supplemental Specifications and Recurring Special Provisions can be viewed and purchased from the Illinois Department of Transportation website. Electronic copies of the contract documents are also available on compact disk (CD) from BHFX Digital Imaging. Copies are in a portable document format (PDF). Bidders with questions or in need of assistance in purchasing contract documents are to contact a BHFX Digital Imaging, Customer Service Representative at 630- 393-0777, ask for the Plan Room.

Questions pertaining to the intent of the contract documents may be sent to the Illinois Tollway, attention 4812D.2016_Questions@docs.e-builder.net, to be received no later than 2:00 p.m. local time on May 30, 2025.

A completed Questionnaire and a statement of current contractual obligations on forms supplied by the Illinois Tollway will be required from all bidders. Each bid must be accompanied by a Bid Guaranty in the amount of five (5%) per cent of the total amount shown in the bid for the contract. The Bid Guaranty shall be in the form of an acceptable bid bond or a bank draft, certified check or cashier's check drawn on a solvent bank made payable to the Illinois State Toll Highway Authority.

Award of the above contract, if any award be made, will be to the lowest responsive and responsible bidder or bidders. The Illinois Tollway reserves the right to reject any and all bids, to waive technicalities, or cancel the solicitation.

COPIES OF PLANS, SPECIAL PROVISIONS, BID FORMS, CONTRACT DOCUMENTS, STANDARD SPECIFICATIONS AND SUPPLEMENTAL SPECIFICATIONS ARE NOT AVAILABLE AT THE TOLLWAY CENTRAL ADMINISTRATION BUILDING.

DATE: May 8, 2025

PRE‐BID MEETING

FOR CONTRACT I‐25‐2016

ILLINOIS STATE TOLL HIGHWAY AUTHORITY

A‐2

Date: May 8, 2025

ANNOUNCEMENT

An optional pre-bid meeting will be held through Microsoft Teams on May 21, 2025, at 1:30 p.m., local time.

Complete the registration information to join Microsoft Teams. Please include the following:

First Name Last Name Email Address: (confirm email address) Phone Number Title and Organization

Wednesday, May 21, 2025, at 1:30 p.m. | 30 minutes | Central Time (US & Canada)

Meeting ID: 225 440 093 767 5

Passcode: Zu6yT7Y6

Register and join Event:

https://events.gcc.teams.microsoft.com/event/c04c6c64-18f6-4d33-bb09-078167144575@48475f88-04d3- 4aa6-ae94-21dcfec788aa

Audio conference: Call the number below and enter the access code.

United States, Los Angeles +1-323-486-3157 Phone Conference ID: 649 694 193#

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NOTICE

Small Business Set-Aside Program (SBSP)

This contract is subject to the Small Business Set-Aside Program (SBSP) as defined under Section 45-45 of the Illinois Procurement Code (30 ILCS 500/45-45).

Only those bidders who qualify as a small business under the Provision/Code may bid on this contract. For purposes of this contract, a small business is defined as a business that is independently owned and operated, is not dominant in its field of operation, and meets the required size status and sales limitations.

A business is considered "not dominant in its field of operation" if it does not exercise a controlling or major influence in a kind of activity in which a number of business concerns are primarily engaged. When computing the size status of a Bidder, annual sales and receipts of the Bidder and all of its affiliates shall be included, subject to the following limitations:

(1) No wholesale business is a small business if its annual sales for its most recently completed fiscal year exceed

$13,000,000.

(2) No retail business or business selling services is a small business if its annual sales and receipts exceed $8,000,000.

(3) No manufacturing business is a small business if its annual sales for its most recently completed fiscal year exceed $13,000,000 (wholesale) or employs more than 250 persons.

(4) No construction business is a small business if its annual sales and receipts exceed $14,000,000.

***Attention Small Business Set-Aside Vendors*** Note: A Bidder must be qualified as a small business by the Small Business Set-Aside Program at the time bids are due in order for their bid to be evaluated. For complete requirements and to register a Bidder’s business in the Small Business Set-Aside Program, visit (http://ipg.illinois.gov).

Failure of the Bidder to meet the Small Business Set-Aside definition or to submit evidence of registration in the State of Illinois Program at the time of bid shall cause the bid to be deemed as non-responsive.

Note regarding Subletting of Assignment of Contract: In addition to the requirements of Article 108.01 of the Illinois Tollway Supplemental Specifications, the Contractor may sublet no more than 49 percent of the total Contract Award amount to subcontractors who are not qualified as a small business by the Small Business Set-Aside Program.

Joint Ventures are not allowed under the Small Business Program

Please register in the Illinois Procurement Gateway (IPG) at (http://ipg.illinois.gov).

* Click on Register Your Company (left side of page) or log in if you already have an account.

* Once account is created, log into the Illinois Procurement Gateway.

* Next, click on New Registration in upper left-hand corner.

* Complete all fields and submit for review/qualification.

Assistance with the Illinois Procurement Gateway may be obtained by emailing EEC.SmallBusiness@Illinois.gov or calling 217-685-0568.

Questions?

If you have questions, please contact Jennifer Allen, Small Business Specialist at EEC.SmallBusiness@Illinois.gov

CL-1

Documents Required with the Bid Bidder should use this checklist to ensure that all required documents are completed and included with its bid.

Required Documents

Reference Volume I

Comments and Important Information

Included with Bid

Vendor Disclosure (Formerly Forms A) (22 pages) or IPG Active Registered Vendor Disclosure (Formerly Forms B) (3 or more pages)

Section N

Vendor Disclosure or IPG Active Registered Vendor Disclosure must be submitted with the bid or the bid will be considered non-responsive.

Optional Bid Credit Incentive Program Certificates

Section I #30 Bid Credit Incentive Programs Special

Provision

If Bid Credit is utilized, Bid Credit Certificates are required in bid submittal See Bid Credit Incentive Programs Special Provision for additional information

Page P-1 with Addendum noted, Page P-2 with Bid Guaranty completed, Page P-3 completed with signatures, P-4

Section I #4 P-Pages

Fill in all available pay item prices with values of $0.01 or greater.

Bid Bond or Bid Guaranty Page 2 and 3 of the “P”

Pages

Must be submitted with bid or bid will be considered non-responsive. Bid bond must include Signature and Corporate Seal.

Preferences Form and Affidavit, Contacts and Affidavit

Section R

Authority to Transact Business in Illinois - Secretary of State Certificate of Good Standing

Section I #10

Current standing at the time of bid will be verified by the Tollway

Illinois Dept. of Human Rights

(IDHR)

A-1 Section I

#25

IDHR #

Current standing at the time of bid will be verified by the Tollway

Current Contractual Obligations

Section S

Tollway Standard Terms & Conditions

Section TC

CL-2

The Following Will Be Verified by the Tollway for the Low Apparent

Bidder

Tollway to Transact Business in Illinois - Secretary of State Certificate of Good Standing

Section I #10

If a Joint Venture, will be verified for each Joint Venture Partner.

Illinois Dept. of Human Rights Section I #17& #25

If a Joint Venture, will be verified for each Joint Venture Partner

State Board of Elections Section I #24 If a Joint Venture, will be verified for each Joint Venture Partner

Documents Required from Lowest Responsive/Responsible Bidder Upon Request from the Tollway

(Notice of Intent e-mail will be sent requesting these items)

Agreement Section T Signatures and Corporate Seal

Performance Bond Section U Submit using Tollway form U-1 and U-2 Payment Bond Section V Submit using Tollway form V-1 & V-2 Insurance Section I #16 Equal Employment Opportunity

EEO 1256

Section I #28 & EEO Special

Provision

Required for all solicitations with Equal Employment Opportunity goals. The lowest apparent bidder must submit EEO 1256 on the fifth (5th) calendar day after bids are due or bid will be deemed non-responsive.

Submit form to contractcompliance@getipass.com

Responsible Bidder Affidavit R-6 signed and Notary Seal

Section I #36

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Evidence of authority of company representatives to execute the contract, such as Board of Directors' Minutes, or a resolution authorizing officers of the firm to execute the contract documents

Certificates showing authorization to do business in Illinois if your firm is not an Illinois corporation.

Any supplemental financial or experience information if requested by the Illinois Tollway.

A completed Signature Authority Form designating any and all individuals to execute on behalf of the company any and all contract modifications or documentation

A completed W‐9 form if this is the first time the company is conducting business with the Tollway as a Prime Contractor. Please refer to the following link for the most current IRS W‐9 form:

http://www.irs.gov/pub/irs‐pdf/fw9.pdf

A copy of your IRS Assignment/Acceptance Letter if this is the first time the company is conducting business with the Tollway as a Prime Contractor, or if it has been a long time since you have done work with the Tollway and have never provided the document.

As applicable to the Contract, Proof of Certification from each firm listed on DBE Form(s) 2025 and or VOSB Form(s) 2025. Please refer to the Special Provision for Disadvantaged Business Enterprise Participation and the Veteran Small Business Participation and Utilization Plan for a list of Certifying Agencies accepted by the Tollway. Proof of Certification includes Original letter of Certification, Certification Certificate, or the company listing in the Certifying Agency’s database.

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INSTRUCTIONS AND INFORMATION TO BIDDERS

1. ADVERTISEMENT FOR BIDS

Bids will be received electronically by the Illinois State Toll Highway Authority for constructing a portion of the Illinois Toll Highway System, as described in the Advertisement for Bids.

2. EXAMINATION OF CONTRACT DOCUMENTS AND WORK SITE

Before submitting a bid, the bidder shall carefully examine the provisions of the contract bid documents.

The bidder shall also inspect in detail the site of the proposed work, investigate and become familiar with all conditions affecting the contract, and the detailed requirements of construction. Bidders will be held responsible for having done so.

3. CONTRACT DOCUMENTS (TO BE COMPLETED IN INK)

The contract documents for this contract shall be as defined in Section 101 of the Tollway Supplemental Specifications.

4. SCHEDULE OF PRICES

All blank spaces for bid prices must be filled in, in ink, with the unit price, or lump sum price, and the total price for each and every item (which prices must be more than $0.00). Bids which do not contain a price for every item listed in the Schedule of Prices for the Contract being bid, will not be considered, unless alternate bids are requested.

5. INQUIRIES RELATIVE TO INTERPRETATION OF PLANS & SPECIFICATIONS

Any inquiries by Bidders relative to interpretation of any provisions of any of the Contract Documents will not be answered verbally, and to be given consideration must be submitted in writing to the Illinois Tollway no later than the date shown in the “Advertisement for Bids” (Page A-1). Answers, if any are given to such inquiries, will be in the form of Addenda and will be furnished to all Bidders in conformance with the Tollway Supplemental Specifications.

6. BID GUARANTY

The bidder is required to furnish a Bid Guaranty in accordance with the provisions of Article 102.09 of the Tollway Supplemental Specifications.

7. WAGE STIPULATIONS

This contract calls for the construction of a “public work,” within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/01 et seq. (“the Act”) or is a service contract subject to the prevailing wage requirement of the Illinois Procurement Code, 30 ILCS 500/25-60 (the “Code”). The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the current “prevailing rate of wages” (hourly cash wages plus amount for fringe benefits) in the county where the work is performed. The Code requires vendors awarded certain service contracts to pay service workers no less than the general prevailing wage rate of hourly wages (hourly cash wages plus amount for fringe benefits in the county where the work is performed. The Illinois Department of Labor publishes the prevailing wage rates on its website https://www.illinois.gov/idol/Laws- Rules/CONMED/Pages/Rates.aspx. The Illinois Department of Labor revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Illinois Department of Labor’s website for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer

I-2 to the Illinois Department of Labor’s website. All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act and Code, including but not limited to all wage requirements and notice and record keeping duties.

The contractor to whom the contract is awarded shall insert into each subcontract and into the project specifications for each subcontract a written stipulation to the effect that not less than the prevailing rate of wages shall be paid to all laborers, workers, and mechanics performing work under the contract. Each subcontractor shall insert into each lower tiered subcontract and into the project specifications for each lower tiered subcontract a stipulation to the effect that not less than the prevailing rate of wages shall be paid to all laborers, workers, and mechanics performing work under the contract.

NOTE: The prevailing wages are revised by the Department of Labor and are available on the Department’s official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting the Illinois Department of Labor to ensure understanding of prevailing wage requirements at 217-782-6206 or (http://www.state.il.us/agency/idol/index.htm).

Prime contractors will be responsible for ensuring that EEO work hours including those of their subcontractors are reported in the Tollway’s Capture system.

AMENDMENTS TO PREVAILING WAGE LAW

Effective July 16, 2014, the Prevailing Wage Act has been amended. Below is a summary of some of the important changes that may affect you:

For each calendar month construction on a Tollway project occurs, a certified payroll must be filed no later than the 15th of the following month. Note that the Tollway’s LCPtracker payroll reporting and monitoring system requires weekly reporting of certified payroll.

Payroll records must be kept for 5 years from the date of last payment on a contract or subcontract.

Any person who willfully files a false payroll is guilty of a Class A misdemeanor.

Any person who willfully fails to create, keep, maintain, or produce records as or when required by the Act is guilty of a Class A misdemeanor.

Any contractor or subcontractor convicted or found guilty of the above is subject to automatic and immediate debarment and prohibited from participating in any public works project for 4 years with no right to a hearing.

The full text of the Prevailing Wage Act can be found here:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2405&ChapterID=68

Effective immediately, per CPO Notice 2021.03.

EMPLOYMENT OF PUBLIC WORKERS ON PUBLIC WORKS: In a period of excessive unemployment rates, State contractors (1) constructing or building any public works or (2) cleaning-up and disposing on-site of hazardous waste, and that clean-up or on-site disposal is funded or financed in whole or in part with State funds or funds administered by the State, are required to employ at least 90% Illinois laborers on such project. For projects involving clean-up and on-site disposal of hazardous waste, emergency response or immediate removal activities are excluded. This requirement applies to all labor whether skilled, semi-skilled or unskilled, whether manual or non-manual.

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A period of excessive unemployment rates is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded 5% as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures. Any public works project financed in whole or in part by federal funds administered by the State of Illinois is covered under the provisions of this requirement, to the extent permitted by any applicable federal law or regulation. 30 ILCS 570. Contractors may receive an exception from this requirement by submitting a request and supporting documents certifying that Illinois laborers are either not available or are incapable of performing the particular type of work involved. The certification must: (a) be submitted to the agency within the first quarter of the Contract Term; (b) provide sufficient support that demonstrates the exception is met; (c) be signed by an authorized signatory of the contractor; and (d) be approved by the agency.

The Act defines a period of excessive unemployment rates as any month immediately following two consecutive calendar months during which the State unemployment rate exceeds 5%. To understand the details of the Employment of Illinois Workers on Public Works Act, please read it in its entirety:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=549&ChapterID=7

8. NON-COLLUSION AFFIDAVIT

The bidder must complete and return the Non-Collusion Affidavit furnished with the Solicitation with their bid. In the event said Affidavit is found to be false in any respect, the Illinois Tollway may, at its option, void this contract without liability on the part of the Illinois Tollway and in addition, the contractor and its surety or sureties shall be liable to the Illinois Tollway for any and all damages of every nature and description sustained, directly or indirectly, by the Illinois Tollway as a result of entering into contracts based upon, among other things, the execution of such false affidavit.

9. AUTHORITY TO TRANSACT BUSINESS UNDER AN ASSUMED NAME

If the bidder is doing business under an assumed name, it shall be required to furnish, prior to or at the time of submission of its bid, a certificate of registration and authorization showing that such individual or partnership is registered and authorized to conduct business in Illinois under such assumed name in accordance with Assumed Business Name Act, 805 ILCS 405/1, as amended from time to time.

10. SECRETARY OF STATE CERTIFICATE OF GOOD STANDING

A person, other than an individual acting as a sole proprietor, must be a duly constituted legal entity and authorized to transact business or conduct affairs in Illinois prior to execution of the contract. 30 ILCS 500/20-43. The Secretary of State Certification will be verified by the Tollway for the apparent low Bidder.

11. TAX EXEMPTIONS

The Illinois Tollway is currently exempted from the payment of Illinois Retailer's Occupational Tax, Use Tax, Service Tax, Municipal Taxes and Federal Excise Tax.

The tax-exempt number and form will become a part of the contract with the successful Bidder.

12. HAUL ROADS

Attention of the contractor is directed to the probable use of public roads and streets (State, County and Municipal) for hauling loads in excess of present permitted allowance. It is the responsibility of the contractor to make proper arrangements with officials having jurisdiction for any use of public roads and streets beyond that permitted by present regulations.

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13. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

The bidder is required to acknowledge receipt of any addenda issued to the bidder by inserting the addendum number and the issuing date in the space provided in the solicitation.

14. TOLLWAY POWER AND FUNDS

The Illinois Tollway has been created and derives its power and Tollway under and pursuant to "An Act in relation to the construction, operation, regulation and maintenance of a system of toll highways, and to create the Illinois State Toll Highway Authority, and to define its powers and duties, approved August 7, 1967," (Illinois Compiled Statutes, 605 ILCS 10/1 to 605 ILCS 10/35, as amended from time to time, hereinafter called the "Act").

No payment or other obligations under this contract are or shall ever be construed to be obligations of the State of Illinois.

15. PAYMENT OF TOLLS

The contractor shall be required to pay the full amount of tolls, if any, incurred by it during the duration of the contract. Said tolls will not be refunded by the Illinois Tollway. Furthermore, in the event that a final determination is made by the Tollway that the contractor has failed to pay any required tolls and associated fines, the Tollway is authorized to take steps necessary to withhold the amounts of unpaid tolls and fines from any payment due the contractor by the Tollway and/or other State of Illinois office, department, commission, board or agency.

16. INSURANCE – ROLLING OWNER CONTROLLED INSURANCE PROGRAM (ROCIP)

Owner has arranged for this Project to be insured under a Rolling Owner Controlled Insurance Program (ROCIP) that provides certain insurance coverage for the Project. More information on the ROCIP program is in volume II (J Section), Rolling Owner Controller Insurance Program.

17. ILLINOIS HUMAN RIGHTS ACT

The contractor is advised that the Illinois State Toll Highway Authority has heretofore by resolution adopted all of the applicable requirements and provisions of the Illinois Fair Employment Practices Act, now the Illinois Human Rights Act (Illinois Compiled Statutes, 775 ILCS 5/1 -101, et sequitur, as amended from time to time) and all of the applicable rules and regulations promulgated thereunder, and that all such applicable requirements, provisions and rules and regulations are deemed to be a part of the contract and to apply to the contractor as if fully set out herein.

Illinois Department of Human Rights Public Contracts Number: Bidder shall complete and return the IDHR Public Contract Number form in Vendor Disclosure (Formerly Forms A), Part 2, or in the Illinois Procurement Gateway.

18. MULTI-PROJECT LABOR AGREEMENT

The Multi-Project Labor Agreement is not in effect for this contract.

19. RESERVED

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20. COMPUTER GENERATED PAY ITEM PRICE PAGES FOR BIDS SUBMITTED IN ELECTRONICALLY

FORMAT

The schedule of prices for this contract is available for download in spreadsheet format on the Tollway’s Online Plan Room hosted by BHFX DIGITAL IMAGING at: www.illinoistollwaybidding.com.

The schedule of prices is published in spreadsheet format only once when the contract is advertised, and is published as a tool to assist bidders with preparation of their bid. Any revisions to the schedule of prices, including addenda, are the responsibility of the bidder and must be included in the bid. It is the bidder's responsibility to provide an accurate bid, which includes verification that the spreadsheet version of the schedule of prices matches the final contract book P-Pages. When submitting the bid, in the event of a discrepancy between the spreadsheet schedule of prices from the online plan room, and the contract book P-Pages, the contract book P-Pages and addenda control and take precedence over the spreadsheet schedule of prices.

If you intend to submit a computer-generated bid, it must be in a form similar to the contract P-Pages and must be legible. See Page I-1, Item 4 for additional pay item pricing requirements.

P-Page submittal responses should be submitted in an excel and PDF format.

21. PUBLISHED PROCUREMENT INFORMATION:

The State publishes procurement information, including updates on the General Services eProcurement System BidBuy (https://bidbuy.illinois.gov), referred to as “BidBuy”. Procurement information may not be available in any other form or location. Bidder is responsible for monitoring BidBuy. The State will not be held responsible if bidder fails to monitor BidBuy, or to fully complete their vendor registration in BidBuy.

22. PROTEST REVIEW OFFICE

Vendors may submit a written protest to the Protest Review Office following the requirements of the IDOT Standard Procurement Rules 44 ILL ADM 6.390 through 6.440. All protests shall be in writing and filed with the CPO within 7 calendar days after the protester knows or should have known of the facts giving rise to the protest. Protests filed after the 7-calendar day period will not be considered. In addition, protests that raise issues of fraud, corruption or illegal acts affecting specifications, special provisions, supplemental specifications and plans must be received by the CPO no later than 14 calendar days before the date set for opening of bids. The Protest Review Office information is as follows:

Chief Procurement Office for General Services Email: cpogs.pro@illinois.gov

Attn: Protest Review Office 300 West Jefferson Suite 128

Springfield, IL 62702

23. SUBSTANCE ABUSE PREVENTION PROGRAM (SAPP) PUBLIC ACT 95-0635

This Public Act requires that all contractors/subcontractors have a SAPP in place, with certain requirements, before starting work. The requirements of this Public Act are material to the contract, and the contractor shall require the same of all approved subcontractors.

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24. STATE BOARD OF ELECTIONS REGISTRATION PUBLIC ACT 95-0971

State Board of Elections Registration: Vendor or bidder may be prohibited from making political contributions and be required to register with the State Board of Elections. For more information, see State Board of Elections in Vendor Disclosure (Formerly Forms A), Part 5.

25. DEPARTMENT OF HUMAN RIGHTS (DHR) PUBLIC CONTRACT NUMBER

Any bidder who bids on public contracts must register with the IDHR to be eligible to be awarded public contracts. Any bidder who registered previously but has a DHR number of 89999-00-0 or lower must re-register to maintain eligibility. Any IDHR number of 90000-00-0 or higher is valid for five years from the date of issue. The IDHR website link is below.

http://www2.illinois.gov/dhr/PublicContracts/Pages/IDHR_Number.aspx

26. DISADVANTAGED BUSINESS PARTICIPATION

See Special Provision for Disadvantaged Business Participation

27. VOSB/SDVOSB PARTICIPATION

See Special Provision for VOSB/SDVOSB Participation

28. EQUAL EMPLOYMENT OPPORTUNITY

See Special Provision for Equal Employment Opportunity.

29. BID CREDIT INCENTIVE PROGRAMS

Tollway Bid Credit Incentive Programs allow contractors or subcontractors/fabricators to earn bid credits to be used toward future Tollway construction bids. A bidder can then apply its bid credits to a maximum Bid Credit Cap assigned to each construction contract to lower their bid amount and increase the chances of winning the contract as the low bidder. Use of bid credits from the Bid Credit Incentive Programs is applicable only to construction projects advertised by the Tollway for public bidding.

See Special Provision for Bid Credit Incentive Programs included in Volume 1.

Current Tollway Bid Credit Programs:

CONSTRUCTIONWORKS PROGRAM

The ConstructionWorks (CW) Program offers contractors and subcontractors/fabricators a chance to earn bid credits toward future Tollway construction bids when they hire workers from a pool of qualified and eligible CW individuals including minorities, women, ex-offenders and exonerated individuals, veterans and other traditionally underserved populations.

See the Operational Guide for CW Program at https://www.illinoistollway.com/doing-business/diversity-development/programs/constructionworks

EARNED CREDIT PROGRAM

The Earned Credit Program (ECP) offers contractors and subcontractors/fabricators a chance to earn bid

I-7 credits toward future Tollway construction bids when they hire workers from a pool of qualified and eligible Workforce Innovation and Opportunity Act (WIOA) individuals including minorities, women, ex-offenders and exonerated individuals, veterans and other traditionally underserved populations.

See the Operational Guide for Earned Credit Program at https://www.illinoistollway.com/doing-business/diversity-development/programs/ecp

PARTNERING FOR GROWTH - CONSTRUCTION for DISADVANTAGED BUSINESS

ENTERPRISE OR VETERAN-OWNED SMALL BUSINESS BID CREDIT INCENTIVE PROGRAM

A firm performing as a mentor in an approved Partnering for Growth (P4G) – Construction relationship, providing assistance to and training of a DBE or Veteran firm can earn Bid Credits that may be used toward future Tollway construction bids.

See the Operational Guide for Partnering For Growth - Construction For Disadvantaged Business Enterprise Bid Credit Incentive Program and the Operational Guide For Partnering For Growth – Construction For Veteran-owned Small Business Bid Credit Incentive Program at https://www.illinoistollway.com/doing-business/diversity-development/programs/partnering-for-growth

30. REPORTING Of COMMUNICATIONS WITH VENDORS

Please note that written or oral communications received by the Tollway that imparts or requests material information or makes a material argument regarding potential action concerning this procurement may require reporting to the Procurement Policy Board as required by the Procurement Code. When an oral communication is made by a person required to register under the Lobbyist Registration Act (25 ILCS

170) and received by a State employee, all individuals who initiate or participate in the communication shall submit a written report to that State employee memorializing the communication and for reporting to the Procurement Policy Board. This provision is not intended to prohibit communications with State employees regarding procurement matter, but rather only requires reporting of those communications when they occur.

31. INITIAL CONTACT INFORMATION

The Initial Contact Person named on Page A-1 shall be familiar with assembling or obtaining the duly executed documents constituting the contract between the Illinois Tollway and the contractor.

32. WEB-BASED PROJECT MANAGEMENT

The Illinois Tollway will manage this project using the Tollway’s web-based project management system.

The primary goal of using the web-based project management system is to create a complete project record and serve as a project archive.

Once the apparent low bidder is determined, all project correspondence occurring with the apparent low bidder will be addressed to the initial contact person via e-mail from Contract Services and via the web-based project management system. Initial correspondence is expected to consist of requests for information and responses related to DBE and subcontractor related items.

33. SUBCONTRACTOR DISCLOSURE

The bidder must identify, to the extent the information is known, the names, addresses and type of work for all sub-contractors that will be utilized in the performance of this contract together with the anticipated contract value each sub-contractor is expected to receive pursuant to this contract. The State may request updated information at any time. For purposes of this section, sub-contractor means a person

I-8 or entity that enters into a contractual agreement with a person or entity who has a contract with the Illinois Tollway pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary Illinois Tollway contract. A person or entity is not a sub-contractor if that person only provides goods or supplies that are incidental to the performance of a contract by a person who holds the contract with the Illinois Tollway. In no event shall a sub-contractor be allowed to start work prior to approval by the Tollway.

34. PROCUREMENT COMPLIANCE MONITORS

Under Public Acts 96-0795, 96-0920 and 97-0895, Agency Procurement Compliance Monitors may review contract documents and any files or records related to procurements, and will report to the Chief Procurement Officer on procurement issues that may require action, and to further report on corrective action not taken by state personnel. Additionally, the Procurement Compliance Monitors may monitor the procurement process for appropriate actions and transparency.

35. PUBLICITY

Contractor shall not, in any advertisement, including but not limited to contractor’s website or any other type of solicitation for business, state, indicate or otherwise imply that it has been endorsed by or is currently or has previously been under contract with the Illinois Tollway nor shall the Illinois Tollway’s name be used in any such advertisement or solicitation without the prior written approval of the Illinois Tollway.

36. RESPONSIBLE BIDDER AFFIDAVIT

Illinois Procurement Code Section 30-22(8) (30 ILCS 500/30-22(8)) requires a “responsible bidder” to submit a signed affidavit stating that the bidder shall maintain an Illinois office as the primary place of business for persons employed in the construction authorized by the contract. Therefore, in accordance with the Act the Illinois Tollway will request the “Responsible Bidder Affidavit” from the apparent low bidder, once the apparent low bidder has been determined.

37. REPORT OF A CHANGE IN CIRCUMSTANCES

The Contractor agrees to report to the Tollway as soon as practically possible, but no later than 21 days following any change in facts or circumstances that might impact the contractor’s ability to satisfy its legal or contractual responsibilities and obligations under this contract. Required reports include, but are not limited to changes in the Contractor’s Certification/Disclosure Forms, the Contractor’s IDOT pre-qualification status, or certification or licensing required for this project. Additionally, the contractor agrees to report to the Tollway within the above timeframe any arrests, indictments, convictions or other matters involving the contractor, or any of its principals, that might occur while this contract is in effect.

The reporting requirement does not apply to common offenses, including but not limited to minor/traffic offenses.

Further, the contractor agrees to incorporate substantially similar reporting requirements into the terms of any and all subcontractors relating to work performed under this agreement. The contractor agrees to forward or relay to the Tollway any reports received from subcontractors pursuant to this paragraph within 21 days.

Finally, the contractor acknowledges and agrees that the failure of the contractor to comply with this reporting requirement shall constitute a material breach of contract which may result in this contract being declared void.

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38. RECORD RETENTION AND AUDIT

The contractor shall maintain in the State of Illinois, for a minimum of five years from the latter of the date of completion of the contract or the date of final payment under the contract, adequate books, records, and supporting documents from an accounting system maintained in accordance with generally accepted accounting principles to verify the amounts, recipients, uses and methods of all disbursements of funds passing in conjunction with the contract. The five-year record maintenance period shall be extended for the duration of any audit in progress at the time of that period’s expiration. The contractor shall at its own expense make such records available in a timely manner for inspection and audit (including copies and extracts of records) as required by the Auditor General and other State Auditors, Chief Procurement Officer, the Illinois Department of Transportation, and the Tollway’s Inspector General, Internal Audit or other Tollway agents at all reasonable times and without prior notice.

The obligations of this Section shall be explicitly included in any subcontracts or agreements formed between the contractor and any subcontractors or suppliers of goods and services to the extent that those subcontracts or agreements relate to fulfillment of the contractor’s obligations to the Tollway. Such subcontractor shall be required to comply with the terms and conditions of this Section and the Tollway shall be entitled to enforce a breach of that contract.

Any audit adjustment will be submitted on a final invoice for any underpayment or overpayment to the contractor or its subcontractors. The contractor shall promptly reimburse the Tollway for any overpayment, or the Tollway at its option may deduct any overpayment from any funds due the contractor, whether those funds are due under this contract or other contracts to which the contractor is a party either directly with the Tollway or as a subcontractor. In the event the contractor fails or refuses to reimburse the Tollway for an overpayment, the contractor shall be responsible for all costs, including attorney fees, incurred by the Tollway to collect such overpayment.

Failure to maintain or make available the books, records, and supporting documents required by this Section shall establish a presumption in favor of the Tollway for recovery of any funds paid by the Tollway under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement.

The contractor shall reimburse the Tollway for the total costs of an audit that identifies significant findings that would benefit the Tollway, including but not limited to reasonable attorney’s fees and other expenses.

Significant findings for the purposes of this provision shall be identified as an amount in excess of $50,000 in aggregate of the audit report or findings of material performance or compliance deficiencies.

If the contractor fails to comply with these requirements, the contractor may be disqualified or suspended from bidding on or working on future contracts.

39. INSPECTOR GENERAL

The vendor/contractor hereby acknowledges that pursuant to Section 8.5 of the Toll Highway Act (605 ILCS 10/8.5) the Inspector General of the Illinois State Toll Highway Authority has the Tollway to conduct investigations into certain matters including but not limited to allegations of fraud, waste and abuse, and to conduct reviews. The vendor/contractor shall fully cooperate in any OIG investigation or review.

Cooperation includes providing access to all information and documentation related to the goods/services described in this Agreement, and disclosing and making available all personnel involved or connected with these goods/services or having knowledge of these goods/services. All subcontracts must inform Subcontractors of this provision and their duty to comply.

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40. ACCEPTANCE OF SCANNED SIGNATURES

Unless otherwise specified, the parties agree that bids, contracts, certifications and disclosures, and other contract related documents to be entered into in connection with the resulting contract will be considered signed when the signature of a party is delivered by scanned image (e.g. .pdf or .tiff file extension name) as an attachment to electronic mail (email). Such scanned signature will be treated in all respects as having the same effect as an original wet ink signature.

41. EXPATRIATED ENTITIES

Except in limited circumstances, no business or member of a unitary business group, as defined in the Illinois Income Tax Act, shall submit a bid for or enter into a contract with a State agency if that business or any member of the unitary business group is an expatriated entity.

PART II: Bid Requirements

Bid Submit with Bid

Bid Listing All Addenda Submit with Bid

Bid Bond Submit with Bid

Vendor Disclosure or IPG Active Registered Vendor Disclosure Submit with Bid

Responsible Bidder Affidavit Submit with Bid

Bidder Preferences Submit with Bid

Illinois Business Bid Preference Affidavit Submit with Bid

Bidder List of Individual Contacts Submit with Bid

Affidavit Submit with Bid

Current Contractual Obligations Submit with Bid

Bid Credit Program, if applicable Submit with Bid

Illinois Tollway Standard Terms and Conditions Submit with Bid

State Board of Election Will be verified by Tollway

Illinois Department of Human Rights Number Will be verified by Tollway

Secretary of State Certificate of Good Standing Will be verified by Tollway

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BID

CONTRACT NO. I-25-2016

Bids will be received electronically via BidBuy, the State of Illinois eProcurement system. All Bids must be received by 10:30:00 a.m., local time on June 20, 2025. The system will not accept Bids after the deadline. Bids will be immediately thereafter publicly opened online and read aloud.

TO THE CHAIR OF THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY:

The undersigned hereby proposes to perform: Planting of trees and shrubs, maintenance and monitoring of trees and shrubs during the initial planting and establishment periods, weed control, erosion and sediment control, and maintenance of traffic operations.

The services will be performed within the: Tri-State Tollway (I-294) between Mile Post 23.1 and Mile Post 24.5 in Cook County, Illinois.

The undersigned declares that the Advertisement for Bids, Instructions to Bidders, this Bid Form, IDOT Standard Specifications, Tollway Supplemental Specifications, Special Provisions, Plans, Addenda to the foregoing (if any), form of Agreement, forms of Contract Bonds, and other exhibits (if any), on file at the office of The Illinois State Toll Highway Authority have been carefully examined, and that the undersigned has inspected in detail the site of the proposed Work, and familiarized itself with all of the conditions affecting the contract, and that has satisfied itself as to The Work to be done and the conditions under which it must be carried out, and understands that in submitting this bid waives all rights to plead any misunderstanding regarding the same.

The undersigned hereby tenders this Bid to construct and complete said Work in accordance with the Plans, IDOT Standard Specifications, Tollway Supplemental Specifications (if any), and the accompanying Special Provisions now on file in the office of The Illinois State Toll Highway Authority, and the following addenda issued thereto:

Addendum No. ________ Date _______________

Addendum No. ________ Date _______________

Addendum No. ________ Date _______________

Addendum No. ________ Date _______________

The undersigned further agrees to furnish all necessary transportation, machinery, equipment, tools, labor and other means of construction; and to do all the work and to furnish all of the materials specified in the contract in the manner and at the times prescribed under the supervision and direction of the Tollway or its authorized representatives, for the lump sums and unit prices quoted in the following Schedule of Prices:

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Accompanying this Bid is a Bid Guaranty:

(a) Evidence by a bank draft, cashier's check or certified check on , Bank, for $ , payable to The Illinois State Toll Highway Authority, or

(b) A Bid Bond in favor of the Authority for $ , with a corporate surety authorized to do business in the State of Illinois.

In the event that this bid shall be accepted by The Illinois State Toll Highway Authority, and the undersigned should fail to execute a contract with and furnish the security required by the Tollway, as set forth in the Standard Specifications, within ten (10) days after receipt of notice of the acceptance of the bid, such draft or check shall become the property of the Tollway, or if a bid bond has been submitted, the principal amount of said bid bond shall become immediately due and payable to the Tollway; otherwise the Bid Guaranty will be returned to the bidder upon written request, as soon as the contract and contract bonds have been executed. If a bid guaranty is secured by a check, the check will be returned to the bidder.

Pursuant to the provisions of the Prevailing Wage Act, 820 ILCS 130, the undersigned, as part of its Bid for the construction of The Illinois State Toll Highway Contract I-25-2016, hereby stipulates that, if awarded a contract on said bid, it will pay the laborers, mechanics and other workers who are employed in the performance of such work hourly wages not less than the minimum hourly wages stated in the instructions to bidders; and that its computations in arriving at said bid are based on hourly wages not less than those stated in the instructions to bidders; and that if a contract be entered into under said bid, the minimum hourly wage rates stated in the instructions to bidders shall become and be a part of said contract as provided by law.

It is understood that the quantities of work and material shown herein in the Schedule of Prices of the Bid are approximate only, and are subject to increase or decrease as provided in the Standard Specifications. Such increase or decrease shall in no manner affect the validity of the Contract.

On the acceptance of this bid for said work, the undersigned will furnish and deliver the Performance and Payment Bonds, in the forms required and furnished by the Tollway and included in the contract documents, with a corporate surety acceptable to the Tollway and authorized to do business in the State of Illinois, conditioned as stated in said bonds.

The undersigned has also properly executed or caused to be executed by an officer thereof, if a corporation, the non-collusion affidavit filed with this Bid.

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The undersigned submits herewith, completely filled out, form of the Tollway entitled "Current Contractual Obligations," as required by the Tollway Supplemental Specifications.

It is agreed that time is of the…