RR-18-4442_VolumeI_01222019.pdf

RETURN WITH BID

SMALL BUSINESS SET-ASIDE

CONTRACT RR-18-4442

LANDSCAPE PLANTING IMPROVEMENTS

REGAN MEMORIAL TOLLWAY (I-88)

MILEPOST 76.50(IL-251 INTERCHANGE)

TO MILEPOST 91.62(KISHWAUKEE RIVER

BRIDGE)

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 SBSA A-1

New Notice – Small Business Set-Aside NN-1

Construction Bid Check List CL-1 thru CL-2

Instruction and Information to Bidders I-1 thru I-9

PART II: Bid Requirements

Prevailing Wage – (Ogle and DeKalb) 1 thru 19

Bid P-1 thru P-10

Bid Bond (Insert after P-Pages)

Forms A or Forms B Disclosures N-1 thru N-2

Responsible Bidder Affidavit PA-1

Bidder Preferences R-1, R-2

Bidder List of Individual Contacts R-3

Affidavit R-4

Current Contractual Obligations S-1

Equal Employment Opportunity Program EEO-1 thru EEO-9

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

TOC-2

VOLUME II

SPECIAL PROVISIONS J-1 thru J-76

PART I - INSTRUCTIONS

Bid Schedule and Information SBSA A-1

New Notice – Small Business Set-Aside NN-1

Construction Bid Checklist CL-1 –thru CL-2

Instruction and information to Bidders I-1 thru I-9

ADVERTISEMENT FOR SEALED BIDS

Bid Schedule and information for

CONTRACT NO: RR-18-4442

SMALL BUSINESS SET-ASIDE

Sealed Proposals for the above numbered Contract as described below will be received by the Illinois Tollway at its offices, at 2700 Ogden Avenue, Downers Grove, Illinois 60515, until 10:30:00 a.m., local time, February 19, 2019, at which time the Bids will be opened and the bids read aloud.

An optional pre-bid meeting is scheduled for February 1, 2019 at the Central Administration Building in Downers Grove, at 2700 Ogden Avenue. The meeting will be held in the Engineering Conference Room #175 at 1:00 PM.

The work to be done under this Contract shall be started on or about May 10, 2019. All work under this Contract shall be completed by June 1, 2023.

The work under this Contract shall consist of: installation of trees and shrubs, perennial plants, and mulch; maintenance and monitoring of installed trees and shrubs during the planting and extended establishment period; seeding; maintenance mowing; erosion and sediment control; perennial planting; and maintenance of traffic operations.

The work under this Contract is to be performed on: Reagan Memorial Tollway I-88, between Mile Post 76.50 and Mile Post 91.62 in Ogle and DeKalb Counties, Illinois.

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, proposal 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 Rick Hanba @ RHanba@getipass.com, to be received no later than 2:00 p.m. local time on February 7, 2019.

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: January 24, 2019

SBSA A-1

NN-1

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 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://www.ipg.vendorreg.com).

If a Bidder is not registered in the Illinois Procurement Gateway (IPG), then its bid will be deemed non-responsive.

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.

Joint Ventures are not allowed under the Small Business Program

Please register in the Illinois Procurement Gateway (IPG) at (https://ipg.vendorreg.com).

* Click on vendor registration (right side of page)

* Click on “create vendor account” or log in if you already have an account.

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

* Next, click on Start/Renew Vendor Registration in upper right hand corner.

* Under Available Vendor Registrations (left side), click on State of Illinois Vendor Registration.

* Complete all fields and submit for review/qualification.

Assistance with the Illinois Procurement Gateway may be obtained by emailing eec.ipg@illinois.gov or calling 217.782.1270.

Questions?

If you have questions, please contact David Littrell, Small Business State Purchasing Officer at EEC.SmallBusiness@Illinois.gov

CL-1

Construction Bid Check List

Required Documents

Reference Volume I

Comments and Important Information

Included with Bid

Forms A (22 pages) or

Forms B (3 or more)

Section N

Financial Disclosures Forms A or Forms B must be submitted with the bid or the bid will be considered non-responsive.

Optional Bid Credit Incentive Program Certificates

Section I

#27

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

#4 P-Pages

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

Bid Bond or Bid Guaranty

P-2 and P-3

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

Preferences, Contacts and Affidavit

Section R

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

#10

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

Illinois Dept. of Human Rights

(IDHR)

A-1

#25

IDHR #

Current Contractual Obligations

Section S

CL-2

Construction Bid Check List

Tollway Standard Terms & Conditions

Section TC

Responsible Bidder Affidavit PA-1 signed and Notary Seal

#34

State Board of Election (BOE)

# 24

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

2. EXAMINATION OF CONTRACT DOCUMENTS AND WORK SITE

Before submitting a Sealed 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 Sealed 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 https://www.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx

I-2 prevailing wage rates, please refer 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.

A list of prevailing wages for the counties in which work under this contract is to be performed is included within this contract as an attachment.

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.

• 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

8. NON-COLLUSION AFFIDAVIT

The Bidders must complete the Non-Collusion Affidavit furnished with the Solicitation. 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.

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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

Any material which is to be incorporated in The Work and any equipment required therefore may be consigned to the Illinois State Toll Highway Authority in care of the Contractor. If the shipping papers show clearly that any such material or equipment is so consigned, the shipment may be exempt from the tax on the transportation of property under the provisions of Section 4292, Title 26, U.S.C.A. (1954).

All transportation charges shall be paid by the Contractor.

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.

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. AUTHORITY POWER AND FUNDS

The Illinois Tollway has been created and derives its power and authority 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

I-4 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

The Contractor shall not commence any work under the Contract until all the insurance as specified in Article 107.27 of the Tollway Supplemental Specifications or any special provisions has been provided and approved, and Notice to Proceed is issued to the Contractor.

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 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

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

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 a hard copy 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 printed form similar to the contract P- Pages and must be legible. See Page I-1, Item 4 for additional pay item pricing requirements.

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.

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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 Email: eec.legalstaff@illinois.gov Attn: Protest Review Office 401 S. Spring Street Facsimile: (217) 558-1399 Suite 515 Stratton Office Building Illinois Relay: (800) 526-0844 Springfield, IL 62706

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.

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 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. EQUAL EMPLOYMENT OPPORTUNITY

See Special Provision for Equal Employment Opportunity.

27. 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.

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

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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 ConstructionWorks individuals including minorities, women, ex-offenders and exonerated individuals, veterans and other traditionally underserved populations.

See the Operational Guide for ConstructionWorks Program at https://www.illinoistollway.com/doing-business/diversity-development#BidCreditIncentives

• EARNED CREDIT PROGRAM

The Earned Credit Program (ECP) 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 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/construction-engineering#Earned%20Credit%20Program.

• 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#Mentor

28. 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.

29. 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.

https://www.illinoistollway.com/doing-business/construction-engineering%23Earned%20Credit%20Program https://www.illinoistollway.com/doing-business/construction-engineering%23Earned%20Credit%20Program https://www.illinoistollway.com/doing-business/diversity-development/programs%23Mentor

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30. 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.

31. 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 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.

32. 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.

33. 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.

34. RESPONSIBLE BIDDER AFFIDAVIT

Public Act 97-0369 amended the Illinois Procurement Code to require a “responsible Bidder” to submit a signed affidavit stating that the Bidder shall maintain an Illinois office as the primary place of employment for persons employed in the construction authorized by the contract. Therefore, in accordance with the Act the Illinois Tollway is requesting each Bidder to complete and submit the “Responsible Bidder Affidavit” form with their bid documents.

35. 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

I-8 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.

36. 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

I-9 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.

37. 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 authority 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.

38. 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.

39. 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 Return with Bid

Bid Listing All Addenda Return with Bid

Bid Bond Return with Bid

Forms A or Forms B Disclosures Return with Bid

Responsible Bidder Affidavit Return with Bid

Bidder Preferences Return with Bid

Bidder List of Individual Contacts Return with Bid

Affidavit Return with Bid

Equal Employment Opportunity Program Return with Bid

Bid Credit Program, if applicable Return with Bid

Illinois Tollway Standard Terms and Conditions Return with Bid

State Board of Election Will be verified by Tollway

Illinois Department of Human Rights Number Return with Bid

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

Prevailing Wage rates for

DeKalb County effective

Sept. 1, 2017

Trade Title Region Type Class Base

Wage

Fore-man

Wage

M-F

OT

OSA OSH H/W Pension Vacation Training

ASBESTOS ABT-GEN ALL BLD 37.75 38.75 1.5 1.5 2 8.52 17.79 0.00 0.80

ASBESTOS ABT-MEC ALL BLD 37.88 40.38 1.5 1.5 2 12.12 11.70 0.00 0.72

BOILERMAKER ALL BLD 48.49 52.86 2 2 2 6.97 19.61 0.00 0.90

BRICK MASON ALL BLD 45.38 49.92 1.5 1.5 2 10.45 16.68 0.00 0.90

CARPENTER ALL BLD 40.24 44.67 1.5 1.5 2 11.00 16.30 0.00 0.60

CARPENTER ALL HWY 40.59 42.34 1.5 1.5 2 11.50 16.30 0.00 0.49

CEMENT MASON ALL ALL 44.84 46.84 2 1.5 2 10.00 21.01 0.00 0.50

CERAMIC TILE FNSHER ALL BLD 38.56 38.56 1.5 1.5 2 10.65 11.18 0.00 0.68

COMMUNICATION TECH ALL BLD 39.00 42.90 1.5 1.5 2 12.84 13.67 0.00 0.78

ELECTRIC PWR EQMT OP ALL ALL 37.89 51.48 1.5 1.5 2 5.00 11.75 0.00 0.38

ELECTRIC PWR EQMT OP ALL HWY 41.45 56.38 1.5 1.5 2 5.50 12.87 0.00 0.73

ELECTRIC PWR GRNDMAN ALL ALL 29.30 51.48 1.5 1.5 2 5.00 9.09 0.00 0.29

ELECTRIC PWR GRNDMAN ALL HWY 32.00 56.38 1.5 1.5 2 5.50 9.92 0.00 0.66

ELECTRIC PWR LINEMAN ALL ALL 45.36 51.48 1.5 1.5 2 5.00 14.06 0.00 0.45

ELECTRIC PWR LINEMAN ALL HWY 49.67 56.38 1.5 1.5 2 5.50 15.40 0.00 0.88

ELECTRIC PWR TRK DRV ALL ALL 30.34 51.48 1.5 1.5 2 5.00 9.40 0.00 0.30

ELECTRIC PWR TRK DRV ALL HWY 33.14 56.38 1.5 1.5 2 5.50 10.29 0.00 0.59

ELECTRICIAN ALL BLD 45.50 50.05 1.5 1.5 2 12.84 18.73 0.00 0.91

ELEVATOR CONSTRUCTOR ALL BLD 46.83 52.68 2 2 2 13.57 14.51 3.77 0.60

FENCE ERECTOR SE ALL 45.56 49.20 2 2 2 11.02 21.51 0.00 0.70

GLAZIER ALL BLD 39.53 39.53 1.5 1.5 1.5 10.55 8.20 0.00 1.25

HT/FROST INSULATOR ALL BLD 50.50 53.00 1.5 1.5 2 12.12 12.96 0.00 0.72

IRON WORKER NW ALL 38.33 44.08 2 2 2 12.27 24.57 0.00 0.60

IRON WORKER SE ALL 45.61 49.25 2 2 2 11.52 22.65 0.00 0.81

LABORER ALL BLD 32.84 33.84 1.5 1.5 2 8.52 17.79 0.00 0.80

LABORER ALL HWY 35.00 35.75 1.5 1.5 2 8.52 20.73 0.00 0.80

LABORER, SKILLED ALL HWY 37.75 38.50 1.5 1.5 2 8.52 20.73 0.00 0.80

LATHER ALL BLD 40.24 44.67 1.5 1.5 2 11.00 16.30 0.00 0.60

MACHINIST ALL BLD 47.56 50.06 1.5 1.5 2 7.05 8.95 1.85 1.47

MARBLE MASON ALL BLD 44.63 49.09 1.5 1.5 2 10.45 16.28 0.00 0.59

MATERIAL TESTER I ALL ALL 33.56 0.00 1.5 1.5 2 8.24 16.39 0.00 0.80

MATERIALS TESTER II ALL ALL 33.56 0.00 1.5 1.5 2 8.24 16.39 0.00 0.80

MILLWRIGHT ALL BLD 37.72 41.49 1.5 1.5 2 10.12 15.25 0.00 0.60

OPERATING ENGINEER ALL BLD 1 45.80 49.80 2 2 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL BLD 2 45.10 49.80 2 2 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL BLD 3 42.65 49.80 2 2 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL BLD 4 40.65 49.80 2 2 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL BLD 5 49.55 49.80 2 2 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL BLD 6 48.80 49.80 2 2 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL BLD 7 45.80 49.80 2 2 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL HWY 1 45.65 49.65 1.5 1.5 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL HWY 2 45.10 49.65 1.5 1.5 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL HWY 3 43.80 49.65 1.5 1.5 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL HWY 4 42.35 49.65 1.5 1.5 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL HWY 5 40.90 49.65 1.5 1.5 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL HWY 6 48.65 49.65 1.5 1.5 2 18.80 13.45 2.35 1.30

OPERATING ENGINEER ALL HWY 7 46.65 49.65 1.5 1.5 2 18.80 13.45 2.35 1.30

ORNAMNTL IRON

WORKER

SE ALL 45.06 48.66 2 2 2 10.52 20.76 0.00 0.70

PAINTER ALL ALL 44.18 46.18 1.5 1.5 1.5 10.30 8.20 0.00 1.35

PAINTER SIGNS ALL BLD 37.45 42.05 1.5 1.5 2 2.60 3.18 0.00 0.00

PILEDRIVER ALL BLD 40.74 45.22 1.5 1.5 2 11.00 16.30 0.00 0.60

PILEDRIVER ALL HWY 40.59 42.34 1.5 1.5 2 11.50 16.30 0.00 0.49

PIPEFITTER ALL BLD 47.50 50.50 1.5 1.5 2 10.05 17.85 0.00 2.12

PLASTERER ALL BLD 42.75 45.31 1.5 1.5 2 14.00 15.71 0.00 0.89

PLUMBER ALL BLD 49.25 52.20 1.5 1.5 2 14.34 13.35 0.00 1.28

ROOFER ALL BLD 42.30 45.30 1.5 1.5 2 9.08 12.14 0.00 0.58

SHEETMETAL WORKER ALL BLD 41.24 44.54 1.5 1.5 2 6.90 18.36 0.00 0.39

SPRINKLER FITTER ALL BLD 37.12 39.87 1.5 1.5 2 8.42 8.50 0.00 0.35

STEEL ERECTOR SE ALL 45.56 49.20 2 2 2 11.02 21.51 0.00 0.70

STONE MASON ALL BLD 45.38 49.92 1.5 1.5 2 10.45 16.68 0.00 0.90

TERRAZZO FINISHER ALL BLD 40.54 40.54 1.5 1.5 2 10.65 12.76 0.00 0.73

TERRAZZO MASON ALL BLD 44.38 47.88 1.5 1.5 2 10.65 14.15 0.00 0.82

TILE LAYER ALL BLD 40.24 44.67 1.5 1.5 2 11.00 16.30 0.00 0.60

TILE MASON ALL BLD 45.49 49.49 1.5 1.5 2 10.65 13.88 0.00 0.86

TRUCK DRIVER ALL ALL 1 35.98 36.53 1.5 1.5 2 8.25 10.14 0.00 0.15

TRUCK DRIVER ALL ALL 2 36.13 36.53 1.5 1.5 2 8.25 10.14 0.00 0.15

TRUCK DRIVER ALL ALL 3 36.33 36.53 1.5 1.5 2 8.25 10.14 0.00 0.15

TRUCK DRIVER ALL ALL 4 36.53 36.53 1.5 1.5 2 8.25 10.14 0.00 0.15

TUCKPOINTER ALL BLD 45.42 46.42 1.5 1.5 2 8.32 15.42 0.00 0.80

Legend M-F OT Unless otherwise noted, OT pay is required for any hour greater than 8 worked each day, Mon through Fri. The number listed is the multiple of the base wage.

OSA Overtime pay required for every hour worked on Saturdays OSH Overtime pay required for every hour worked on Sundays and Holidays H/W Health/Welfare benefit

Explanations DEKALB COUNTY

IRONWORKERS (NORTHWEST) - That portion of the county from a point where the western county line intersects with Rt. 30, continuing eastward to Shabbona, north between Shabbona and Clare, and northeast between Clare and New Lebanon.

The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL.

EXPLANATION OF CLASSES

ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date.

ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain.

CERAMIC TILE FINISHER

The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile-like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re-tiled.

COMMUNICATIONS TECHNICIAN

Installing, manufacturing, assembling and maintaining sound and intercom, protection alarm (security), fire alarm, master antenna television, closed circuit television, low voltage control for computers and/or door monitoring, school communications systems, telephones and servicing of nurse and emergency calls, and the installation and maintenance of transmit and receive antennas, transmitters, receivers, and associated apparatus which operates in conjunction with above systems. All work associated with these system installations will be included EXCEPT the installation of protective metallic conduit in new construction projects (excluding less than ten-foot, runs strictly for protection of cable) and 120 volt AC (or higher) power wiring and associated hardware.

LABORER, SKILLED - HIGHWAY

Individuals engaged in the following types of work, irrespective of the site of the work: asbestos abatement worker, handling of any materials with any foreign matter harmful to skin or clothing, track laborer, cement handlers, chloride handlers, the unloading and loading with steel workers and re-bars, concrete workers wet, tunnel helpers in free air, batch dumpers, mason tenders, kettle and tar men, tank cleaners, plastic installers, scaffold workers, motorized buggies or motorized unit used for wet concrete or handling of building materials, laborers with de-watering systems, sewer workers plus depth, rod and chainmen with technical engineers, rod and chainmen with land surveyors, rod and chainmen with surveyors, vibrator operators, cement silica, clay, fly ash, lime and plasters, handlers (bulk or bag), cofferdam workers plus depth, on concrete paving, placing, cutting and tying of reinforcing, deck hand, dredge hand, and shore laborers, bankmen on…