Vol I~1.pdf

RETURN WITH BID

CONTRACT RR-20-9225

SIGN PANEL FABRICATION

AND

INSTALLATION UPON REQUEST

SYSTEMWIDE

Illinois Tollway 2700 Ogden Avenue Downers Grove, IL 60515

VOLUME I

REQUIRED DOCUMENTS

TABLE OF CONTENTS

PART I: Instructions

Bid Schedule and Information A-1

Construction Bid Check List CL-1 – CL-3

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

PART II: Bid Requirements

Prevailing Wage(s) Multiple Counties 1 thru 85

Bid P-1 thru P-14

Bid Bond (Insert after P-Pages)

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

Responsible Bidder Affidavit PA-1

Bidder Preferences R-1, R-2

Bidder List of Individual Contacts R-3

Affidavit R-4

Plant and Equipment Questionnaire S-1 thru S-6

Current Contractual Obligations S-7

Disadvantaged Business Enterprise Participation & Utilization Plan DBE-1 thru DBE-18

Equal Employment Opportunity Program EEO-1 thru EEO-9

Veteran Small Business Participation & Utilization Plan VOSB-1 thru VOSB-11

Bid Credit Incentive Programs BCP-1 thru BCP-5

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 I-4

VOLUME II

SPECIAL PROVISIONS J-1 thru J-55

GENERAL NOTES AND PE SEAL GN-1

PART I - INSTRUCTIONS

Bid Schedule and Information A-1

Construction Bid Checklist CL-1 – CL-3

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

A-1

THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY

ADVERTISEMENT FOR BIDS

Bid Schedule and information for

CONTRACT NO. RR-20-9225

Bids for the above numbered contract as described below will only be accepted electronically via BidBuy, the State of Illinois eProcurement System. The Illinois State Tollway Highway Authority (ISTHA) will no longer accept manual, hard copy bid submissions. All bid responses must be received PRIOR TO the bid opening at 10:30:00a.m., local time, July 9, 2020. 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 https://www.illinoistollwaybidding.com/.

An optional pre-bid meeting is scheduled for June 17, 2020 at 10:30 a.m. local time through WebEx seminar. The WebEx link information will be provided via an Announcement.

For assistance with registering 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 work to be done under this contract shall be started on or about September 22, 2020. All work under this contract shall be completed by December 30, 2022. The location of services to be performed: Various locations on the Illinois Tollway Systems including the: Regan Memorial Tollway (I-88) Jane Addams Memorial Tollway (I-90) Tri-State Tollway (I-294/94) Veteran’s Memorial Tollway(I-355) and Elgin O’Hare Western Access (I-390). Work may be done on mainline pavements within interchanges at cross roads systemwide as located in Boone, Cook, DeKalb, DuPage, Kane, Lake, Lee, McHenry, Ogle, Whiteside, Will and Winnebago counties. The scope of work shall consist of: Removal of existing sign supports, Panels and luminaires, Construction of new foundations and supports ,Fabrication of new panels, Installation of new panels-either after fabrication or as provided by the Illinois Tollway, Placement of Vinyl Sign Overlays, All other ancillary items such as Exploration Trench (Utility) and Maintenance of Traffic needed to safely complete the work. Contract Specified Extra Work should the contracts designated pay items be incomplete to fully address one or more proposed tasks.

Bidders may be required to be pre-qualified by the Illinois Department of Transportation (IDOT). IDOT Prequalification required: YES If ‘NO’, ignore any reference to IDOT Prequalification within the remainder of this document.

Joint Ventures shall be limited to no more than three (3) individually IDOT pre-qualified members.

Bidders are also required to be registered, or submit evidence of application, with the Illinois Department of Human Rights (IDHR). There are NO EXCEPTIONS.

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 certain 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 plan’s 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 IDOT 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 9192D.9225_Questions@docs.e-builder.net, to be received no later than 2:00 p.m. local time on June 19, 2020.

A completed Questionnaire and a statement of current contractual obligations on forms supplied by the Illinois Tollway will be required from the apparent low bidder once the apparent low bidder is determined. Each bid must be accompanied by a Bid Guaranty in the amount of five (5%) percent 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 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: June 11, 2020 https://www.illinoistollwaybidding.com/ mailto:il.bidbuy@illinois.gov http://www.illinoistollwaybidding.com/

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

Forms A (22 pages) or Forms B (3 or more pages)

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

If a Joint Venture, must be submitted for each Joint Venture Partner

Disadvantaged Business Enterprise

• DBE 2026-Utilization Plan

• DBE 2025 (s)

• DBE 2023 if needed

Section I #27 DBE Special

Provision

Required for all solicitations with DBE goals. The DBE 2025 form should be submitted with the bid. See DBE Special Provision for additional information. If goal is 0% the forms are not required.

Veteran Small Business Participation and Utilization

• VOSB 2026-Utilization Plan

• VOSB 2025 (s)

• VOSB 2023 if needed

Section I #28 VOSB Special Provision

Required for all solicitations with Veteran goals. The VOSB 2025 form should be submitted with the bid. See Veterans Special Provision for additional information. If goal is 0% the form is not required.

Equal Employment Opportunity

EEO 1256

Section I #29

& EEO

Special

Provision

Required for all solicitations with Equal Employment Opportunity goals.

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.

CL-2

Bid Bond, Signature and Corporate Seal

Page 2 and 3 of the “P”

Pages

If a Joint Venture, Bid Bond must be in the name of the Joint Venture.

Signature and Corporate Seal page (last) must be submitted for each Joint Venture Partner.

Preferences, Contacts and Affidavit

Section R

If a Joint Venture, must be submitted for each Joint Venture Partner.

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 #9 & #26

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

Non-Collusion Affidavit Page R-4 If a Joint Venture, must be submitted for each Joint Venture Partner

IDOT Certificate of Eligibility (If required—See Page A-1)

A-1 & Section I #9

If a Joint Venture, required from each Joint Venture Partner (If required)

Tollway Standard Terms & Conditions

Section TC If a Joint Venture, must be submitted for each Joint Venture Partner

Plant and Equipment Questionnaire and Current Contractual Obligations

Section I #9 & Section S

If a Joint Venture, submit for each Joint Venture partner.

Responsible Bidder Affidavit PA-1 signed and Notary Seal

Section I #37 If a Joint Venture, must be submitted for each Joint Venture Partner

State Board of Elections Section I #25 If a Joint Venture, will be verified for each Joint Venture Partner

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 #9 & #26

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

State Board of Elections Section I #25 If a Joint Venture, will be verified for each Joint Venture Partner

CL-3

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 If a Joint Venture, must be signed by both Joint

Venture Partners

Performance Bond Section U If a Joint Venture, must be executed by both Joint

Payment Bond Section V If a Joint Venture, must be executed by both Joint

Insurance Section I #17 If a Joint Venture insurance must be in the name of both Joint Venture Partners

Evidence of Tollway 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 Tollway Form designating any and all individuals to execute on behalf of the company any and all contract modifications or documentation

If a Joint Venture, a copy of the executed Joint Venture Agreement between all partners that identifies the Managing Partner. Unless specifically directed otherwise in writing by the joint venture, the Managing Partner’s FEIN will be used for payment and tax purposes

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.

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

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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. .

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 an 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 fringe benefits) in the locality (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 locality (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 https://www.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx

I-2 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, 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 five (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 four (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 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.

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

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9. QUALIFICATIONS OF BIDDER

The Tollway follows the procurement rules set by the IDOT for the procurement of construction and professional services. The bidder must be prequalified by the IDOT if required by the solicitation. See Page A-1 to determine if IDOT Prequalification is required.

IDOT Contractor’s Financial Statements will be acceptable if not more than eighteen (18) months old.

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.

Each bidder authorizes the Tollway to obtain and examine any and all financial data and experience information heretofore submitted by the bidder to any Federal, State or local unit of government without further notice.

The Tollway will analyze the division of work to verify the weakest joint venture member is capable of performing and analyze the others to be able to complete the project if the weakest firm defaults.

The individual partners of any joint venture must be jointly and severally liable for the obligations of the joint venture under the contracts.

Only one person will be designated managing partner for the joint venture and will speak for all joint venture partners and act as project manager.

Once the apparent low bidder is determined, the apparent low bidder shall submit the forms "Plant and Equipment Questionnaire" and "Current Contractual Obligations", to supplement the information contained in the qualification’s questionnaire required in the paragraph above.

The Illinois Procurement Code provides, in part, that no person or business shall bid, offer, make a submission to a vendor portal, or enter into a contract under the code if the person or business assisted an employee of the State of Illinois, who, by the nature of his or her duties, has the Tollway to participate personally and substantially in the decision to award a State contract, by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request for information or provided similar assistance except as part of a publicly issued opportunity to review drafts of all or part of these documents. See certifications section of the contract for the required certifications prior to entering into a contract with the State of Illinois

10. AUTHORITY TO TRANSACT BUSINESS UNDER AN ASSUMED NAME

If the apparent low bidder is doing business under an assumed name, it shall be required to furnish, once the apparent low bidder is determined, 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.

11. 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.

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12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

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18. 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.

19. MULTI-PROJECT LABOR AGREEMENT

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

20. RESERVED

21. 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.

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

22. 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.

23. 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 seven (7) calendar days after the protester knows or should have known of the facts giving rise to the protest. Protests filed after the seven (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 fourteen

(14) calendar days before the date set for opening of bids. The Protest Review Office information is as follows:

https://bidbuy.illinois.gov/

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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

24. 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.

25. 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.

26. 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 (5) years from the date of issue. The IDHR website link is below.

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

27. DISADVANTAGED BUSINESS PARTICIPATION

See Special Provision for Disadvantaged Business Participation

28. VOSB/SDVOSB PARTICIPATION

See Special Provision for VOSB/SDVOSB Participation

29. EQUAL EMPLOYMENT OPPORTUNITY

See Special Provision for Equal Employment Opportunity.

30. 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

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

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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#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

31. 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.

32. 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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33. 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.

34. 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.

35. PROCUREMENT COMPLIANCE MONITORS

Pursuant to 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.

36. 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.

37. 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 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.

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38. REPORT OF A CHANGE IN CIRCUMSTANCES

The Contractor agrees to report to the Tollway as soon as practically possible, but no later than twenty-one (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 twenty-one (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.

39. RECORD RETENTION AND AUDIT

The contractor shall maintain in the State of Illinois, for a minimum of five (5) 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 (5) 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.

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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.

40. 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.

41. 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.

42. 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

Forms A or Forms B Disclosures Submit with bid

Disadvantaged Business Enterprise DBE 2026, 2025 and DBE 2023 (if required) Submit with bid

Veteran Small Business Participation VOSB 2026, 2025 and VOSB 2023 (if required) Submit with bid

Equal Employment Opportunity Program Submit with bid

Bid Credit Program, if applicable Submit with bid

I.D.O.T. Certificate of Eligibility (if required) Submit with bid

Affidavit Submit with bid

Responsible Bidder Affidavit Submit with bid

Bidder Preferences Submit with Bid

Bidder List of Individual Contacts Submit with bid

Plant and Equipment Questionnaire Submit with bid

Illinois Tollway Standard Terms and Conditions Submit with bid

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

State Board of Elections Will be verified by the Tollway

Illinois Department of Human Rights Will be verified by the Tollway

Overtime

Trade Title Rg Type C Base Foreman M-F Sa Su Hol H/W Pension Vac Trng Other Ins

ASBESTOS ABT-GEN All ALL 43.72 44.72 1.5 1.5 2.0 2.0 14.05 14.55 0.00 0.90

ASBESTOS ABT-MEC All BLD 22.75 24.25 1.5 1.5 2.0 2.0 3.39 5.17 0.00 0.00

BOILERMAKER All BLD 51.56 56.20 2.0 2.0 2.0 2.0 6.97 21.58 0.00 1.20

BRICK MASON All BLD 43.80 46.55 1.5 1.5 2.0 2.0 11.88 14.40 0.00 0.95

CARPENTER All BLD 40.58 45.04 1.5 1.5 2.0 2.0 11.35 15.86 0.00 0.73

CARPENTER All HWY 45.10 46.85 1.5 1.5 2.0 2.0 12.55 17.00 0.00 0.73

CEMENT MASON All ALL 37.75 40.50 1.5 1.5 2.0 2.0 12.05 17.58 0.00 0.50

CERAMIC TILE FINISHER All BLD 35.69 35.69 1.5 1.5 2.0 2.0 10.60 8.24 0.00 0.81

COMMUNICATION TECHNICIAN All BLD 41.00 45.10 1.5 1.5 2.0 2.0 13.74 15.02 0.00 0.82

ELECTRIC PWR EQMT OP All ALL 43.71 59.52 1.5 1.5 2.0 2.0 6.00 13.55 0.00 0.77 1.31

ELECTRIC PWR EQMT OP All HWY 41.45 56.38 1.5 1.5 2.0 2.0 5.50 12.87 0.00 0.73

ELECTRIC PWR GRNDMAN All ALL 33.69 59.52 1.5 1.5 2.0 2.0 6.00 10.44 0.00 0.59 1.01

ELECTRIC PWR GRNDMAN All HWY 32.00 56.38 1.5 1.5 2.0 2.0 5.50 9.92 0.00 0.66

ELECTRIC PWR LINEMAN All ALL 52.44 59.52 1.5 1.5 2.0 2.0 6.00 16.27 0.00 0.93 1.58

ELECTRIC PWR LINEMAN All HWY 49.67 56.38 1.5 1.5 2.0 2.0 5.50 15.40 0.00 0.88

ELECTRIC PWR TRK DRV All ALL 34.90 59.52 1.5 1.5 2.0 2.0 6.00 10.83 0.00 0.62 1.05

ELECTRIC PWR TRK DRV All HWY 33.14 56.38 1.5 1.5 2.0 2.0 5.50 10.29 0.00 0.59

ELECTRICIAN All BLD 47.89 52.68 1.5 1.5 2.0 2.0 13.74 20.44 0.00 0.96

ELEVATOR CONSTRUCTOR All BLD 52.09 58.60 2.0 2.0 2.0 2.0 15.57 9.96 4.17 0.62

GLAZIER All BLD 41.03 42.03 1.5 1.5 1.5 2.0 12.30 9.05 0.00 1.25

HEAT/FROST INSULATOR All BLD 33.83 36.87 1.5 1.5 2.0 2.0 9.10 20.67 0.00 0.48

IRON WORKER All ALL 39.39 45.30 2.0 2.0 2.0 2.0 12.27 25.42 0.00 1.20

LABORER All ALL 43.72 44.47 1.5 1.5 2.0 2.0 14.05 14.55 0.00 0.90

LATHER All BLD 40.58 45.04 1.5 1.5 2.0 2.0 11.35 15.86 0.00 0.73

MACHINIST All BLD 48.93 51.43 1.5 1.5 2.0 2.0 7.68 8.95 1.85 1.32

MARBLE FINISHER All BLD 35.69 35.69 1.5 1.5 2.0 2.0 10.60 8.24 0.00 0.81

MARBLE MASON All BLD 38.52 41.02 1.5 1.5 2.0 2.0 10.60 10.40 0.00 0.86

MATERIAL TESTER I All ALL 33.72 1.5 1.5 2.0 2.0 14.05 14.55 0.00 0.90

MATERIALS TESTER II All ALL 38.72 1.5 1.5 2.0 2.0 14.05 14.55 0.00 0.90

MILLWRIGHT All BLD 41.42 45.56 1.5 1.5 2.0 2.0 10.60 16.45 0.00 0.75 0.20

OPERATING ENGINEER All BLD 1 46.80 50.80 2.0 2.0 2.0 2.0 20.50 15.80 2.35 1.55

Boone County Prevailing Wage Rates posted on 5/18/2020

OPERATING ENGINEER All BLD 2 46.10 50.80 2.0 2.0 2.0 2.0 20.50 15.80 2.35 1.55

OPERATING ENGINEER All BLD 3 43.65 50.80 2.0 2.0 2.0 2.0 20.50 15.80 2.35 1.55

OPERATING ENGINEER All BLD 4 41.65 50.80 2.0 2.0 2.0 2.0 20.50 15.80 2.35 1.55

OPERATING ENGINEER All BLD 5 50.55 50.80 2.0 2.0 2.0 2.0 20.50 15.80 2.35 1.55

OPERATING ENGINEER All BLD 6 49.80 50.80 2.0 2.0 2.0 2.0 20.50 15.80 2.35 1.55

OPERATING ENGINEER All BLD 7 46.80 50.80 2.0 2.0 2.0 2.0 20.50 15.80 2.35 1.55

OPERATING ENGINEER All FLT 38.00 38.00 1.5 1.5 2.0 2.0 19.65 15.10 2.00 1.40

OPERATING ENGINEER All HWY 1 46.65 50.65 1.5 1.5 2.0 2.0 20.50 15.80 2.35 1.55

OPERATING ENGINEER All HWY 2 46.10 50.65 1.5 1.5 2.0 2.0 20.50 15.80 2.35 1.55

OPERATING ENGINEER All HWY 3 44.80 50.65 1.5 1.5 2.0 2.0 20.50 15.80 2.35 1.55

OPERATING ENGINEER All HWY 4 43.35 50.65 1.5 1.5 2.0 2.0 20.50 15.80 2.35 1.55

OPERATING ENGINEER All HWY 5 41.90 50.65 1.5 1.5 2.0 2.0 20.50 15.80 2.35 1.55

OPERATING ENGINEER All HWY 6 49.65 50.65 1.5 1.5 2.0 2.0 20.50 15.80 2.35 1.55

OPERATING ENGINEER All HWY 7 47.65 50.65 1.5 1.5 2.0 2.0 20.50 15.80 2.35 1.55

PAINTER All ALL 40.65 42.65 1.5 1.5 1.5 2.0 12.43 9.88 0.00 1.35

PAINTER - SIGNS All BLD 39.84 44.74 1.5 1.5 2.0 2.0 2.73 3.39 0.00 0.00

PILEDRIVER All BLD 41.00 45.51 1.5 1.5 2.0 2.0 11.10 14.61 0.00 0.73

PILEDRIVER All HWY 46.10 47.85 1.5 1.5 2.0 2.0 12.55 17.00 0.00 0.73

PIPEFITTER All BLD 50.00 53.50 1.5 1.5 2.0 2.0 9.25 12.40 0.00 1.95

PLASTERER All BLD 34.78 38.26 1.5 1.5 2.0 2.0 11.80 18.94 0.00 0.50

PLUMBER All BLD 50.00 53.50 1.5 1.5 2.0 2.0 9.25 12.40 0.00 1.95

ROOFER All BLD 44.60 48.60 1.5 1.5 2.0 2.0 10.58 13.31 0.00 0.70

SHEETMETAL WORKER All BLD 42.89 46.32 1.5 1.5 2.0 2.0 8.38 20.28 0.00 0.50

SPRINKLER FITTER All BLD 41.97 44.72 1.5 1.5 2.0 2.0 10.23 12.59 0.00 0.52

STONE MASON All BLD 43.80 46.55 1.5 1.5 2.0 2.0 11.88 14.40 0.00 0.95

TERRAZZO FINISHER All BLD 35.69 35.69 1.5 1.5 2.0 2.0 10.60 8.24 0.00 0.81

TERRAZZO MASON All BLD 38.52 41.02 1.5 1.5 2.0 2.0 10.60 10.40 0.00 0.86

TILE LAYER All BLD 38.00 40.50 1.5 1.5 2.0 2.0 10.35 9.14 0.00 0.84

TILE MASON All BLD 38.52 41.02 1.5 1.5 2.0 2.0 10.60 10.40 0.00 0.86

TRUCK DRIVER All ALL 1 35.02 0.00 1.5 1.5 2.0 2.0 8.60 8.60 0.00 0.20

TRUCK DRIVER All ALL 2 35.17 0.00 1.5 1.5 2.0 2.0 8.60 8.60 0.00 0.20

TRUCK DRIVER All ALL 3 39.23 42.18 1.5 1.5 2.0 2.0 13.00 6.37 0.00 0.25

TRUCK DRIVER All ALL 4 35.48 0.00 1.5 1.5 2.0 2.0 8.60 8.60 0.00 0.20

TUCKPOINTER All BLD 43.80 46.55 1.5 1.5 2.0 2.0 11.88 14.40 0.00 0.95

Legend Rg Region Type Trade Type - All,Highway,Building,Floating,Oil & Chip,Rivers C Class Base Base Wage Rate OT M-F 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.

OT Sa Overtime pay required for every hour worked on Saturdays OT Su Overtime pay required for every hour worked on Sundays OT Hol Overtime pay required for every hour worked on Holidays H/W Health/Welfare benefit Vac Vacation Trng Training Other Ins Employer hourly cost for any other type(s) of insurance provided for benefit of worker.

Explanations BOONE COUNTY

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.

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