22-64 Handyman Services

Revised 10-20 (07-20) CITY OF EVANSTON SPECIFICATIONS AND BID DOCUMENTS Construction Bid with Sub-contractors BID NUMBER: 22-70 For Evanston Animal Shelter December 8, 2022 BID DUE DATE: 2:00 P.M., Tuesday, January 10, 2023 VIRTUAL BID OPENING: 2:15 P.M., Tuesday, January 10, 2023 Google Meet ID: meet.google.com/erk-vjyw-pza Phone Numbers: (‪US‪)‪+1‪617-675-4444‪ PIN: ‪491‪020‪418‪0044#‪ NON-MANDATORY PRE-BID MEETING 11:00 a.m., December 16 th , 2022 Loraine H. Morton Civic Center, Room 2402 2100 Ridge Avenue Evanston, Illinois 60201 BID BOND: 5% of Contract Amount PERFORMANCE/MATERIAL & LABOR PAYMENT BOND: 100% of Contract Amount CONTRACT PERIOD: Contract award through Substantial Completion: November 30, 2023 Final Completion: March 29, 2024 ELECTRONIC BID SUBMITTAL: Bid responses will only be accepted electronically via E-bidding through DemandStar (WWW.DEMANDSTAR.COM) It is highly recommended that new DemandStar users complete the account setup process prior to project due

date/time. https://meet.google.com/erk-vjyw-pza?hs=122&authuser=0 tel:%E2%80%AA+1%20617-675-4444%E2%80%AC https://network.demandstar.com/ TABLE OF CONTENTS i TABLE OF CONTENTS SPECIFICATION SECTION PAGES NUMBERS DIVISION 0 – BIDDING REQUIREMENTS Notice to Bidders ................................................................................ 1 Instructions to Bidders/Requirements for Bidding .............................. 12 M/W/EBE Specifications .............................................................. Pg 10 Questions ....................................................................................... Pg 10 General Conditions ............................................................................ 12 Insurance Requirements .................................................................... 1 RETURN ALL EXHIBITS WITH THE BID Exhibit A Bid Form ........................................................................... 10 Exhibit B City of Evanston M/W/EBE Policy ................................ 1 Exhibit C M/W/EBE Participation Compliance Form ................... 2 Exhibit D M/W/EBE Participation Waiver Request ...................... 1 Exhibit E Construction Contractors’ Assistance Organizations 1 *Exhibit F Local Employment Program Compliance ..................... 3 Exhibit G Certification of Bidder Regarding Equal Employment Opportunity ................................................. 1 Exhibit H Disclosure of Ownership Interests .................................... 4 Exhibit I Additional Information Sheet ............................................ 1 Exhibit J Certification of Compliance with Prevailing Wage Rate Act ........................................................................... 1 Exhibit K Major Sub-contractors Listing .......................................... 1 Exhibit L Conflict of Interest ............................................................ 1 Exhibit M Signature Form ................................................................. 1 Exhibit N Contractor Services Agreement Acknowledgement ......... 1 Exhibit N Contractor Services Agreement ....................................... 23 Exhibit O BID Bond Submittal Label ................................................ 1 Prevailing Wages ............................................................................... 7 DemandStar E-bidding Information .................................................... 14 PROJECT SPECIFICATION MANUAL VOLUME 1 – 3 (Attachment) DIVISION 1 – GENERAL REQUIREMENTS 01 0000 Project Requirements ..................................................... 5 01 0100 Summary of Work .......................................................... 2 01 0270 Applications for Payment ................................................ 3 01 0280 Change Order Procedure ............................................... 3 01 0450 Cutting and Patching ...................................................... 3 01 0510 Grades, Lines and Levels ............................................... 2 01 0600 Regulatory Requirements ............................................... 2 01 0950 Referenced Standards and Definitions ........................... 5 01 1050 Existing Utility Procedures .............................................. 2 TABLE OF CONTENTS ii 01 2000 Project Meetings ............................................................. 3 01 2100 Allowances ..................................................................... 3 01 2300 Alternates ....................................................................... 2 01 2700 Unit Prices ...................................................................... 1 01 3000 Submittals ...................................................................... 7 01 3562 Erosion and Sedimentation Control ................................ 5 01 4000 Quality Control Services ................................................. 3 01 5000 Temporary Facilities ....................................................... 3 01 5600 Temporary Environmental Controls ................................ 2 01 5639 Temporary Tree and Plant Protection ............................ 9 01 6000 Materials and Equipment ................................................ 4 01 6300 Substitutions and Product Options ................................. 2 01 7000 Project Closeout ............................................................. 2 01 7100 Cleaning ......................................................................... 2 01 7200 Project Record Documents ............................................ 2 01 7300 Operating and Maintenance Data .................................. 3 01 7400 Warranties and Bonds .................................................... 2 01 7419 Construction Waste Management and Disposal ............ 10 01 8113 Sustainable Design Requirements – LEED v4 BD+C .... 9 01 9113 General Commissioning Requirements .......................... 18 DIVISION 2 – SITE CONSTRUCTION 02 4113 Site Demolition ............................................................... 4 02 4116 Structure Demolition ....................................................... 7 DIVISION 3 – CONCRETE 03 3000 Cast-In-Place Concrete .................................................. 23 03 3543 Polished Concrete Finishing ........................................... 3 DIVISION 4 – MASONRY 04 2000 Unit Masonry .................................................................. 20 04 4100 Dry-Placed Stone ........................................................... 6 DIVISION 5 – METALS 05 1200 Structural Steel Framing ............................................... 10 05 2100 Steel Joist Framing ......................................................... 6 05 3100 Steel Decking ................................................................. 5 05 5000 Metal Fabrications .......................................................... 14 DIVISION 6 – WOOD, PLASTICS, AND COMPOSITES 06 1053 Miscellaneous Rough Carpentry .................................... 5 06 1600 Sheathing ....................................................................... 6 06 1800 Glued-Laminated Construction ....................................... 6 06 2013 Exterior Finish Carpentry ................................................ 12 06 4116 Plastic-Laminate-Clad Architectural Cabinets ................ 6 06 6400 Plastic Paneling .............................................................. 4 TABLE OF CONTENTS iii DIVISION 7 – THERMAL AND MOISTURE PROTECTION 07 2100 Thermal Insulation .......................................................... 6 07 2119 Foamed-In-Place Insulation ........................................... 3 07 2616 Below Slab Vapor Barriers ............................................. 2 07 2726 Fluid Applied Membrane Air Barriers.............................. 9 07 4213 Formed Metal Wall Panels ............................................. 5 07 5423 Thermoplastic-Polyolefin (TPO) Roofing ........................ 14 07 6200 Sheet Metal Flashing and Trim ...................................... 11 07 7100 Roof Specialties ............................................................. 11 07 7200 Roof Accessories ........................................................... 7 07 8413 Penetration Firestopping ................................................ 6 07 9200 Joint Sealants ................................................................. 12 07 9219 Acoustical Joint Sealants ............................................... 4 DIVISION 8 – OPENINGS 08 1113 Hollow Metal Doors and Frames .................................... 11 08 1216 Aluminum Frames .......................................................... 5 08 1416 Flush Wood Doors ......................................................... 6 08 3113 Access Doors and Frames ............................................. 3 08 3213 Sliding Aluminum-Framed Glass Doors ......................... 7 08 4213 Aluminum-Framed Entrances and Storefronts ............... 12 08 7100 Door Hardware ............................................................... 23 08 7113 Automatic Door Operators .............................................. 9 08 8000 Glazing ........................................................................... 12 DIVISION 9 – FINISHES 09 2216 Non-Structural Metal Framing ........................................ 7 09 2900 Gypsum Board ............................................................... 10 09 5113 Acoustical Panel Ceilings ............................................... 6 09 6513 Resilient Base and Accessories ..................................... 4 09 9113 Exterior Painting ............................................................. 6 09 9123 Interior Painting .............................................................. 11 09 9600.01 High Performance Coating Systems (Landscape) ......... 8 DIVISION 10 – SPECIALTIES 10 1100 Visual Display Units ........................................................ 6 10 1419 Dimensional Letter Signage ........................................... 6 10 1423 Panel Signage ................................................................ 6 10 2116 Solid Surface Shower and Dressing Compartments ...... 4 10 2600 Wall and Door Protection ............................................... 4 10 2800 Toilet, Bath, and Laundry Accessories ........................... 8 10 4413 Fire Protection Cabinets ................................................. 4 10 4416 Fire Extinguishers ........................................................... 3 10 5113 Metal Lockers ................................................................. 7 10 5613 Metal Storage Shelving .................................................. 6 TABLE OF CONTENTS iv 10 8213 Roof Screens ................................................................. 8 DIVISION 11 – EQUIPMENT 11 7000 Medical Equipment ......................................................... 2 DIVISION 12 – FURNISHINGS 12 2413 Roller Window Shades ................................................... 5 12 3570 Healthcare Casework ..................................................... 7 12 3616 Metal Countertops .......................................................... 3 12 3661.16 Solid Surfacing Countertops ........................................... 4 12 4813 Entrance Floor Mats and Frames ................................... 4 12 9300 Site Furnishings .............................................................. 11 DIVISION 13 – SPECIAL CONSTRUCTION 13 1913 Kennel Enclosures and Gates ........................................ 2 13 1920 Cages ............................................................................. 2 DIVISION 21 – FIRE SUPPRESSION 21 0500 Basic Fire Suppression Requirements ........................... 19 21 0503 Through Penetration Firestopping .................................. 6 21 0529 Fire Suppression Supports and Anchors ........................ 9 21 0553 Fire Suppression Identification ....................................... 3 21 1302 Fire Protection Systems ................................................. 9 DIVISION 22 – PLUMBING 22 0500 Basic Plumbing Requirements ....................................... 20 22 0529 Plumbing Supports and Anchors .................................... 12 22 0553 Plumbing Identification ................................................... 3 22 0719 Plumbing Piping Insulation ............................................. 5 22 0800 Commissioning of Plumbing ........................................... 2 22 0900 Instrumentation .............................................................. 4 22 1000 Plumbing Piping ............................................................. 17 22 1030 Plumbing Specialties ...................................................... 8 22 1123 Domestic Water Pumps ................................................. 2 22 3000 Plumbing Equipment ...................................................... 6 22 4000 Plumbing Fixtures ........................................................... 4 DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING 23 0500 Basic HVAC Requirements ............................................ 21 23 0529 HVAC Supports and Anchors ......................................... 8 23 0553 HVAC Identification ........................................................ 3 23 0593 Testing, Adjusting, and Balancing .................................. 9 23 0713 Ductwork Insulation ........................................................ 5 23 0800 Commissioning of HVAC ................................................ 2 23 0900 Controls .......................................................................... 27 TABLE OF CONTENTS v 23 3100 Ductwork ........................................................................ 16 23 3300 Ductwork Accessories .................................................... 2 23 3423 Power Ventilators ........................................................... 3 23 3600 Air Terminal Units ........................................................... 3 23 3700 Air Inlets and Outlets ...................................................... 5 23 7416.12 Packaged Rooftop Air Conditioning Units 25 Ton and Below ................................................. 10 23 8126 Split System Air Conditioning Units ................................ 7 23 8200 Terminal Heat Transfer Units ......................................... 3 DIVISION 26 – ELECTRICAL 26 0500 Basic Electrical Requirements ........................................ 26 26 0503 Through Penetration Firestopping .................................. 5 26 0513 Wire and Cable .............................................................. 6 26 0526 Grounding and Bonding ................................................. 5 26 0527 Supporting Devices ........................................................ 5 26 0533 Conduit and Boxes ......................................................... 19 26 0553 Electrical Identification .................................................... 8 26 0800 Commissioning of Electrical ........................................... 2 26 0913 Power Monitoring and Control System ........................... 7 26 0933 Lighting Control Systems ............................................... 7 26 2000 Service Entrance ............................................................ 2 26 2413 Switchboards .................................................................. 5 26 2416 Panelboards ................................................................... 3 26 2419 Motor Control .................................................................. 2 26 2726 Wiring Devices ............................................................... 5 26 2816 Disconnect Switches ...................................................... 2 26 4300 Surge Protection Devices ............................................... 4 26 5119 LED Lighting ................................................................... 7 26 5215 Emergency Lighting Inverter ........................................... 3 DIVISION 27 – COMMUNICATIONS 27 0500 Basic Communications Systems Requirements ............. 23 27 0503 Through Penetration Firestopping .................................. 6 27 0526 Communications Bonding .............................................. 10 27 0528 Interior Communication Pathways .................................. 4 27 0543 Exterior Communication Pathways ................................. 6 27 0553 Identification and Administration .................................... 3 27 1100 Communication Equipment Rooms (CER) ..................... 7 27 1343.53 Television Distribution System ....................................... 8 27 1500 Horizontal Cabling Requirements ................................... 10 27 1710 Testing ........................................................................... 7 27 1720 Structured Cabling System Warranty ............................. 2 27 4100 Professional Audio/Video System .................................. 47 TABLE OF CONTENTS vi DIVISION 28 – ELECTRONIC SAFETY AND SECURITY 28 0500 Basic Electronic Safety and Security System Requirements ...................................... 16 28 0503 Through Penetration Firestopping .................................. 6 28 1300 Electronic Access Control .............................................. 30 28 2300 Video Surveillance .......................................................... 21 28 3100 Fire Alarm and Detection Systems ................................. 17 DIVISION 31 – EARTHWORK 31 2114 Earthwork for Sitework ................................................... 11 31 2317 Excavating, Backfilling, and Compacting for Utilities ...... 4 31 3219 Geosynthetic Soil Stabilization and Layer Separation .... 15 DIVISION 32 – EXTERIOR IMPROVEMENTS 32 1216 Hot Mix Asphalt Paving .................................................. 7 32 1313 Portland Cement Concrete Paving ................................. 6 32 1314 Artificial Turf ................................................................... 11 32 1373 Concrete Paving Joint Sealants ..................................... 11 32 1400 Unit Paving ..................................................................... 17 32 1543 Stabilized Aggregate Paving .......................................... 13 32 1550 Metal Edging .................................................................. 10 32 3119 Metal Fences .................................................................. 15 32 8400 Planting Irrigation ........................................................... 20 32 9113 Soil Preparation .............................................................. 34 32 9200 Turf and Grasses ........................................................... 20 32 9300 Plants ............................................................................. 32 DIVISION 33 – UTILITIES 33 1013 Water Service ................................................................. 10 33 4100 Sewerage and Drainage ................................................. 7 33 4600 Subdrainage ................................................................... 16 Appendix 01 Geotechnical Report by GSG Consultants, Inc. .......... 33 Appendix 02 Phase II Environmental Site Assessment Report ......... 615 Appendix 03 Supplemental Site Investigation – Lead Delineation .... 25 Appendix 04 Soil Management & Remediation Plan Recommendations ....................................................... 4 Appendix 05 Limited Hazardous Building Materials Survey Report . 86 DRAWING ISSUE FOR BID-PERMIT DRAWINGS G0-0 GENERAL INFORMATION & DRAWING INDEX G1-1 CODE INFORMATION G1-2 CODE INFORMATION G1-3 LIFE SAFETY PLAN TABLE OF CONTENTS vii G1-4 LEED SCORECARD, CURRENT PROGRAM & ALTERNATE LIST 1 OF 1 CIVIL SURVEY (FOR REFERENCE) C001 GENERAL NOTES C002 EXISTING CONDITIONS C100 SITE DEMOLITION PLAN C200 SITE DIMENSION PLAN C300 SITE GRADING PLAN C301 SITE EROSION CONTROL PLAN C302 SITE EROSION CONTROL DETAILS C400 SITE UTILITY PLAN C401 SITE UTILITY PROFILES C500 DETAILS C501 DETAILS C502 DETAILS AS1-0 ARCHITECTURAL SITE DEMOLITION PLAN AS1-1 ARCHITECTURAL SITE PLAN L-002 OVERALL SITE PLAN (FOR REFERENCE ONLY) L-003 GENERAL NOTES, SYMBOLS AND ABBREVIATIONS L-008 TREE PRESERVATION AND REMOVAL PLAN L-101 LANDSCAPE SITE PLAN L-103 HARDSCAPE PLAN L-104 SITE FURNISHINGS PLAN L-105 SOILS PLAN L-106 PLANTING PLAN L-201 LANDSCAPE SITE ELEVATION L-301 LANDSCAPE SITE SECTION L-501 PRESERVATION DETAILS L-503 HARDSCAPE DETAILS L-504 SITE FURNISHING DETAILS L-504A SITE FURNISHING DETAILS L-504B SITE FURNISHING DETAILS L-506 PLANTING DETAILS L-603 HARDSCAPE SCHEDULE L-604 SITE FURNISHINGS SCHEDULE L-606 PLANTING SCHEDULE LI-000 AREAS TO BE IRRIGATED PLAN A1-1 ARCHITECTURAL SYMBOLS & ABBREVIATIONS A2-1 FLOOR PLAN A2-2 DIMENSION PLAN A2-3 ROOF PLAN & DETAILS A3-1 REFLECTED CEILING PLAN A4-1 BUILDING ELEVATIONS A4-2 BUILDING SECTIONS A4-3 BUILDING AXONS A5-1 ENLARGED ELEVATIONS & SECTIONS TABLE OF CONTENTS viii A5-2 ENLARGED ELEVATIONS & SECTIONS A5-3 ENLARGED ELEVATIONS & EXTERIOR DETAILS A5-4 ENLARGED ELEVATIONS & EXTERIOR DETAILS A5-5 EXTERIOR DETAILS A5-6 EXTERIOR DETAILS - WALL ASSEMBLIES A5-7 EXTERIOR DETAILS - WALL ASSEMBLIES A5-8 EXTERIOR DETAILS – BRICK PATTERN A6-1 TYPICAL PLANS, ELEVATIONS & DETAILS A6-2 ENLARGED PLANS & INTERIOR ELEVATIONS – RESTROOMS A7-1 PARTITION TYPES & DETAILS A7-2 DOOR SCHEDULE, ELEVATIONS AND DETAILS A8-1 ENLARGED INTERIOR PLANS & ELEVATIONS A8-2 ENLARGED INTERIOR PLANS & ELEVATIONS A8-3 ENLARGED INTERIOR PLANS & ELEVATIONS A8-5 MILLWORK DETAILS A9-1 INTERIOR DETAILS A9-2 INTERIOR DETAILS – LOBBY RECEPTION COUNTER ID2-1 INTERIOR FINISH SCHEDULE & PLAN FFE2-1 EQUIPMENT SCHEDULE & PLAN S0.1 GENERAL NOTES S0.2 GENERAL NOTES AND SYMBOLS S0.3 SPECIAL INSPECTIONS AND TESTS S1.0 FOUNDATION PLAN S1.1 UPPER ROOF LEVEL S3.1 TYPICAL DETAILS – CONCRETE S3.2 CONCRETE SECTIONS AND DETAILS S3.3 CONCRETE SECTIONS AND DETAILS S4.1 SECTIONS AND DETAILS S4.2 JOIST SCHEDULE AND BASE PLATE DETAILS S4.3 COLD FORMED METAL FRAMING DETAILS M0-0 MECHANICAL COVERSHEET M1-1 FIRST FLOOR – MECHANICAL M1-2 ROOF – MECHANICAL M5-0 MECHANICAL DETAILS M5-1 MECHANICAL DETAILS M6-0 MECHANICAL CONTROL DIAGRAMS M6-1 MECHANICAL CONTROL DIAGRAMS M6-2 MECHANICAL CONTROL DIAGRAMS M6-3 MECHANICAL CONTROL DIAGRAMS M7-0 MECHANICAL SCHEDULES M7-1 MECHANICAL SCHEDULES P0-0 PLUMBING COVERSHEET P1-0 UNDERFLOOR – PLUMBING P1-1 FIRST FLOOR – PLUMBING P1-2 ROOF – PLUMBING P4-0 PLUMBING ENLARGED PLANS TABLE OF CONTENTS ix P5-0 PLUMBING DETAILS P5-1 PLUMBING DETAILS P7-0 PLUMBING MATERIAL LISTS F0-0 FIRE PROTECTION COVERSHEET F1-1 FIRST FLOOR - FIRE PROTECTION F5-0 FIRE PROTECTION DETAILS E0-0 ELECTRICAL COVERSHEET E0-1 SITE PLAN – ELECTRICAL E0-2 SITE PLAN PHOTOMETRICS – ELECTRICAL E1-1 FIRST FLOOR – LIGHTING E2-1 FIRST FLOOR – POWER E2-2 ROOF – ELECTRICAL E3-1 FIRST FLOOR – SYSTEMS E5-0 ELECTRICAL DETAILS E6-0 ELECTRICAL DIAGRAMS E7-0 ELECTRICAL SCHEDULES E7-1 ELECTRICAL SCHEDULES T0-0 TECHNOLOGY COVERSHEET T1-0 SITE PLAN – TECHNOLOGY T1-1 FIRST FLOOR – TECHNOLOGY T2-0 TECHNOLOGY ROOM ENLARGEMENTS T3-0 TECHNOLOGY DETAILS T4-0 TECHNOLOGY DETAILS T5-0 TECHNOLOGY DIAGRAMS T6-0 TECHNOLOGY SCHEDULES ATTACHMENTS PROJECT SPECIFICATION MANUAL VOLUME 1 ........................... 596 PROJECT SPECIFICATION MANUAL VOLUME 2............ ............. 866 PROJECT SPECIFICATION MANUAL VOLUME 3............ ............ 771 DRAWING ISSUE FOR BID-PERMIT ................................................ 120 *NOTE: THE SELECTED BIDDER WILL BE SUBJECT TO THE REGULATIONS CONTAINED IN CITY OF EVANSTON ORDINANCE 60-O-14 AMENDMENTS TO THE LOCAL EMPLOYMENT PROGRAM (LEP) NOTICE TO BIDDERS 1 CITY OF EVANSTON NOTICE TO BIDDERS Bids‪will‪be‪received‪by‪the‪City’s‪Purchasing Office until 2:00 P.M. local time Tuesday, January 10, 2023 and will be publically read virtually via Google Meets at 2:15 P.M. Interested parties can use the following link: meet.google.com/erk-vjyw-pza or join by phone 617-675-4444 PIN: 491 020 418 0044# to access the virtual‪bid‪opening‪. Effective immediately, the City of Evanston will no longer accept hard copy paper submittals for any solicitation. Responses will only be accepted electronically via E-bidding through DemandStar (www.demandstar.com). Although registration is required, vendors can download solicitations and upload responses for free. Bids shall cover the following: Evanston Animal Shelter Bid Number: 22-70 The bids are for the construction of a new animal shelter building to be located at 2310 Oakton Avenue in Evanston. A non-mandatory pre-bid meeting will be held at the Loraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, IL 60201 at 11:00 a.m. on Friday, December 16, 2022 in room 2402. The above item shall conform to the Invitation for Bids on file in the Purchasing Office. Parties interested in submitting a bid should contact the Purchasing Office to receive a copy of the bid or‪ see‪ the‪ City’s‪ website‪ at:‪ www.cityofevanston.org/business/bids-proposals/ or DemandStar at: www.demandstar.com. The City of Evanston (the City) in accordance with the laws of the State of Illinois, hereby notifies all Bidders that it will affirmatively ensure that the contract(s) entered into pursuant to this Notice will be awarded to the successful Bidders without discrimination on the ground of race, color, religion, sex, age, sexual orientation, marital status, disability, familial status or national origin. The State of Illinois requires under Public Works contracts that the general prevailing rate of wages in this locality be paid for each craft or type of worker hereunder. This requirement is in accordance with The Prevailing Wage Act (820 ILCS 130) as amended. The City of Evanston reserves the right to reject any or all submittals or to accept the submittal(s) deemed most advantageous to the City. The Evanston City Council also reserves the right to award the contract to an Evanston firm if that firm's bid is within 5% of the low bid. Each Bidder shall be required to submit with their bid a disclosure of ownership interest statement form in accordance with the provisions of City Code Section 1-18-1 et seq. Failure to submit such information will result in the disqualification of such bid. John Gonzalez Purchasing Specialist https://meet.google.com/erk-vjyw-pza?hs=122&authuser=0 https://network.demandstar.com/ http://www.cityofevanston.org/business/bids-proposals/ http://www.demandstar.com/ INSTRUCTIONS TO BIDDERS 1 INSTRUCTIONS TO BIDDERS/REQUIREMENTS FOR BIDDING (CONTRACTS OVER $25,000) 1. ON-LINE NOTIFICATION OF SOLICITATIONS The City is utilizing Demandstar.com (www.demandstar.com) for on-line notification purposes only for sealed bids when it is anticipated that the amount of the resulting contract will be in excess of its formal bid limit of $25,000, such as this requirement. Interested Bidders are required to submit a sealed bid to the City by the date/time indicated for this requirement on the forms provided by the City. 2. SUBMISSION OF BIDS A. The City of Evanston will no longer accept hard copy paper submittals for any solicitation. Responses will only be accepted electronically via E-bidding through DemandStar (WWW.DEMANDSTAR.COM). Although registration is required, vendors can download solicitations and upload bid responses for free. Please refer to attached DemandStar E-bidding documents. B. ANY BIDS RECEIVED AFTER THE TIME AND DATE SPECIFIED FOR THE RECEIPT OF BIDS WILL NOT BE ACCEPTED. It is the sole responsibility of the Bidder to insure that his or her bid is delivered by the stated bid opening time. THE CITY IS NOT RESPONSIBLE FOR IMCOMPLETE UPLOADED SUBMITTALS. C. Bids will be opened on the date and time stated. D. Any Bidder may withdraw his or her bid by letter or with proper identification by personally securing his or her bid at any time prior to the stated bid opening time. No telephone request for withdrawal of bids will be honored. 3. PREPARATION OF BIDS The Bidder must prepare the bid on the attached bid forms. Unless otherwise stated, all blank spaces on the bid form or pages must be filled in. Either a unit price, lump sum price, or a "no-bid", as the case may be, must be stated for each and every item and must be either typed in or written in ink. 4. SIGNING OF BIDS A. Bids which are signed‪for‪a‪partnership‪should‪be‪signed‪in‪the‪firm’s‪name‪by‪all‪ partners or‪in‪the‪firm’s‪name‪by‪Attorney-in-Fact. If signed by Attorney-in-Fact, there should be attached to the bid a Power of Attorney evidencing authority to sign the bid, dated the same date as the bid and executed by all partners of the firm. B. Bids which are signed for a corporation should have the correct corporate name thereon and signature of an authorized officer of the corporation manually written below the corporate name following words "By: “_____" title of office held by the person signing for corporation, which shall appear below signature of an officer. http://www.demandstar.com/ https://network.demandstar.com/ INSTRUCTIONS TO BIDDERS 2 C. Bids which are signed by an individual doing business under a fictitious name should be signed in the name of the individual‪"doing‪business‪as.‪______.”‪‪ D. The name of each person signing the bid shall be typed or printed below his or her signature. 5. CONSIDERATION OF BIDS The Purchasing Specialist shall represent and act for the City in all matters pertaining to this bid and the contract in conjunction therewith. 6. WITHDRAWAL OF BIDS Bidders may withdraw or cancel their bids at any time prior to the advertised bid opening time. After the bid opening time, no bid shall be withdrawn or canceled for a period of sixty (60) calendar days. When contract approval is required by another agency, such as the Federal Government or the State of Illinois, no bid shall be withdrawn or canceled for a period of ninety (90) calendar days. 7. ERRORS IN BIDS Bidders are cautioned to verify their bids before submission. Negligence on the part of the respondent in preparing the bid confers no right for withdrawal or modification of the bid after it has been opened. In case of error in the extension of prices in the bid, unit prices will govern. 8. ADDENDA A. Any and all changes to the specifications/plans are valid only if they are included by written addendum to all Bidders. Each Bidder must acknowledge receipt of any addenda by indicating on the Bid form. Each Bidder, by acknowledging receipt of any addenda, is responsible for the contents of the addenda and any changes to the bid therein. Failure to acknowledge any addenda may cause the bid to be rejected. B. Addenda information is available over the internet at: City of Evanston Notices to Bidders or www.demandstar.com, or by contacting the Purchasing Office. 9. RESERVED RIGHTS The City of Evanston reserves the right at any time and for any reason to cancel his or her solicitation, to accept or reject any or all bids or any portion thereof, or to accept an alternate response. The City reserves the right to waive any immaterial defect in any response. The City may seek clarification from any respondent at any time, and failure to respond within a reasonable time period, or as otherwise directed, will be cause for rejection. 10. AWARD It is the intent of the City to award a contract to the lowest responsible Bidder meeting specifications. The City reserves the right to determine the lowest https://www.cityofevanston.org/business/bids-proposals https://www.cityofevanston.org/business/bids-proposals https://www.demandstar.com/ INSTRUCTIONS TO BIDDERS 3 responsible Bidder on the basis of an individual item, groups of items, or in any way determined to be in the best interest of the City. Award will be based on the following factors (where applicable): (a) adherence to all conditions and requirements of the bid specifications; (b) price; (c) qualifications of the Bidder, including past performance, financial responsibility, general reputation, experience, service capabilities, and facilities; (d) delivery or completion date; (e) product appearance, workmanship, finish, taste, feel, overall quality, and results of product testing; (f) maintenance costs and warranty provisions; and (g) repurchase or residual value. 11. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS Bidder’s‪shall‪promptly‪notify‪the‪City‪of‪any‪ambiguity,‪inconsistency,‪or‪error‪that‪ they discover upon examination of the bidding documents. Interpretations, corrections, and changes will be made by addendum. Each Bidder shall ascertain prior to submitting a bid that all addenda have been received and are acknowledged in the bid. 12. INCONSISTENCIES AND OMISSIONS These specifications and the accompanying plans, if any, are intended to include all information necessary for the work contemplated. If, by inadvertence or otherwise, the plans or specifications omit some information necessary for that purpose, the contractor shall, nevertheless, be required to perform such work at no additional cost to the City so that the project may be completed according to the true intent and purpose of the plans and specifications. 13. CONDITIONS Bidders are advised to become familiar with all conditions, instructions, and specifications governing his or her bid. Once the award has been made, failure to have read all the conditions, instructions and specifications of this contract shall not permit the Bidder to amend contract or to request additional compensation. 14. VERIFICATIONS OF DATA A. It is understood and agreed that the unit quantities given in these specifications are approximate only, and the contractor shall verify these quantities before bidding as no claim shall be made against the City on, or account of, any excess or deficiency in the same. B. The contractor shall have visited the premises and determined for itself, by actual observation, boring, test holes, or other means, the nature of all soil and water conditions (both above and below ground in the line of work) that may be encountered in all construction work under this contract. The cost of all such inspection, borings, etc. shall be borne by the contractor, and no allowance will be made for the failure of the contractor to estimate correctly the difficulties attending the execution of the work. 15. SPECIFICATIONS Reference to brand names and numbers is meant to be descriptive, not restrictive, INSTRUCTIONS TO BIDDERS 4 unless otherwise specified. Bids on equivalent items will be considered, provided the Bidder clearly states exactly what is proposed to be furnished, including complete specifications. Unless the Bidder specifies otherwise, it is understood the Bidder is offering a referenced brand item as specified or is bidding as specified when‪no‪brand‪is‪referenced,‪and‪does‪not‪propose‪to‪furnish‪an‪“equal.”‪‪The‪ City reserves the right to determine whether a substitute offer is equivalent to, and meets the standard of quality indicated by the brand name and number. 16. SAMPLES When samples of items are called for by the specifications, samples must be furnished free of expense, and if not destroyed in the evaluation process will be returned at the Bidder’s‪expense‪upon‪request.‪‪Request‪for‪the‪return‪of‪samples‪ must accompany the sample and must include a UPS/Fed-Ex Pickup Slip, postage, or other acceptable mode of return. Individual samples must be labeled with Bidder’s‪name,‪invitation‪number,‪item‪reference,‪manufacturer’s‪brand‪name‪ and number. 17. REGULATORY COMPLIANCE Each Bidder represents and warrants that the goods or services furnished hereunder (including all labels, packages and containers for said goods) comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State, and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act as amended, with respect to design, construction, manufacture, or use for their intended purpose of said goods or services. Each Bidder must furnish a “Material‪Safety‪Data‪Sheet”‪ in compliance with the Illinois Toxic Substances Disclosure to Employees Act when required. 18. PRICING The price quoted for each item is the full purchase price, including delivery to destination, and includes all transportation and handling charges, materials or service costs, patent royalties, and all other overhead charges of every kind and nature. Unless otherwise specified, prices shall remain firm for the contract period. 19. DISCOUNTS Prices quoted must be net after deducting all trade and quantity discounts. Where cash discounts for prompt payment are offered, the discount period shall begin with the date of receipt of a correct invoice or receipt or final acceptance of goods, whichever is later. 20. INSPECTION Materials or equipment purchased are subject to inspection and approval at the City’s‪destination.‪‪The‪City‪reserves‪the‪right‪to‪reject‪and‪refuse‪acceptance‪of‪ items which are not in accordance with the instructions, specifications, drawings or data‪of‪Seller’s‪warranty‪(express‪or‪implied).‪‪Rejected‪materials‪or‪equipment‪ shall be removed by, or at the expense of, the Seller promptly after rejection. INSTRUCTIONS TO BIDDERS 5 21. BIDS AND PLAN DEPOSITS A. When required on the cover sheet, all bids shall be accompanied by a bid deposit in the amount specified. Bid deposits shall be in the form of cash, a certified check, or cashier's check drawn on a responsible bank doing business in the United States and shall be made payable to the City of Evanston. Bid Bonds are also acceptable. All bids not accompanied by a bid deposit, when required, will be rejected. B. The City will return the bid deposits of all but the 3 lowest qualified Bidders, whose deposit will be held until contract award or at the expiration of the sixty-day or ninety-day period for bid award. C. The bid deposit of the successful Bidder will be retained until contract documents have been executed and the Contractor has submitted all the required information. Failure to comply with the terms of this specification may be cause for forfeiture of said deposit. D. When required, plan deposits will be refunded should the plans be returned in good condition within 10 days of the bid opening. 22. DISPUTES Any dispute concerning a question of fact arising under this bid shall be decided by the Purchasing Specialist, who shall issue a written decision to the Bidder. The decision of the Purchasing Specialist shall be final and binding. 23. CATALOGS Each Bidder shall submit, when requested by the Purchasing Specialist, catalogs, descriptive literature, and detailed drawings, fully detailing features, designs, construction, appointments, finishes and the like not covered in the specifications, necessary to fully describe the material or work proposed to be furnished. 24. TAXES A. Federal Excise Tax does not apply to materials purchased by the City of Evanston by virtue of Exemption Certificate No. A-208762, Illinois Retailers' Occupation Tax, Use Tax, and Municipal Retailers' Occupation Tax do not apply to materials or services purchased by the City of Evanston by virtue of Statute. B. The City of Evanston is exempt from Illinois Sales Tax by virtue of Exemption Identification number E9998-1750. C. The‪City’s‪federal‪tax‪ID‪number is 36-6005870. 25. PERMITS & FEES All Bidders awarded a contract must secure and pay for any licenses required by the City of Evanston. Necessary building permits will be required, but all permit fees will be waived and moneys for same must not be included in any bid. INSTRUCTIONS TO BIDDERS 6 26. ROYALTIES & PATENTS Seller must pay all royalties and license fees. Seller must defend all suits or claims for infringement of any patent, copyright or trademark rights, and must hold the City harmless from loss on account thereof. 27. LOCAL PREFERENCE POLICY The Evanston City Council reserves the right to award the contract to an Evanston firm‪if‪the‪firm’s‪bid‪is‪within‪five (5%) percent of the low bid of a non-Evanston firm. 28. POWER OF ATTORNEY An Attorney-In-Fact, who signs any and all of the bond or contract bonds submitted with this bid, must file with each bond a certified and effectively dated copy of their Power of Attorney. These dates should be the same or after the date of the contract. 29. WARRANTY A. The contractor warrants that all goods and services furnished to the City shall be in accordance with specifications and free from any defects of workmanship and materials: that goods furnished to the City shall be merchantable and fit for the City's described purposes, and that no governmental law, regulation, order, or rule has been violated in the manufacture or sale of such goods. B. The contractor warrants all equipment furnished to be in acceptable condition, and to operate satisfactorily for a period of one (1) year from delivery of, or the completion of installation, whichever is latest, unless stated otherwise in the specifications, and that if a defect in workmanship and/or quality of materials are evidenced in this period, the Seller shall remit full credit, replace, or repair at City's discretion immediately, such equipment and/or parts that are defective at no additional cost to the City. C. The contractor warrants to the City that each item furnished hereunder, and any component part thereof, will be new and in conformity with the specifications in all respects, unless otherwise specified, and is of the best quality of its respective kind, free from faulty workmanship, materials, or design, and installed sufficiently to fulfill any operating conditions specified by the City. D. The contractor shall repair or replace any item or component part thereof found not to be in conformity with this paragraph provided the City notified the Seller of such nonconformity within one (1) year after initial use or within eighteen (18) months after delivery, whichever occurs first. In the event Seller fails to proceed diligently to so replace or repair within a reasonable time after receipt of such notice, the City may undertake or complete such replacement or repair for Seller's account, and the seller will be responsible for any additional costs. Acceptance shall not relieve the seller of its responsibility. INSTRUCTIONS TO BIDDERS 7 30. INCURRED COSTS The City will not be liable for any costs incurred by Bidders in replying to this invitation for bids. 31. VARIANCES Each Bidder must state or list by reference any variations to specifications, terms and/or conditions set forth herein with its bid. 32. INDEMNIFICATION A. The awarded Bidder/Contractor shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s‪fees,‪judgments‪or settlements, resulting from or arising out of any‪negligent‪or‪willful‪act‪or‪omission‪on‪the‪part‪of‪the‪Contractor‪or‪Contractor’s‪ sub-contractors, employees, agents or sub-contractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. B. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Contractor shall be liable for the reasonable costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. C. At‪the‪City‪Corporation‪Counsel’s‪option,‪Contractor‪must‪defend‪all‪suits‪brought‪ upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Contractor of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Project by Contractor must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. D. To the extent permissible by law, Contractor waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Contractor that may be subject to the Illinois Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. INSTRUCTIONS TO BIDDERS 8 E. The Contractor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its sub- contractors’‪ work.‪ Acceptance‪ of‪ the‪ work‪ by‪ the‪ City‪ will‪ not relieve the Contractor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. F. All provisions of this Section 32 shall survive completion, expiration, or termination of this Agreement. 33. DEFAULT Time is of the essence as to the awarded contract and, of delivery or acceptable items or rending of services is not completed by the time promised, the City reserves the right, without liability, in addition to its other rights and remedies, to terminate the contract by notice effective when received by Seller, as to stated items not yet shipped or services not yet rendered and to purchase substitute items or services elsewhere and charge the Seller with all losses incurred. The City‪shall‪be‪entitled‪to‪recover‪its‪attorney’s‪fees‪and‪expenses‪in‪any‪successful‪ action by the City to enforce this contract. 34. GOVERNING LAW This contract shall be governed by and construed according to the laws of the State of Illinois. In the event of litigation, the venue will be Cook County, Illinois. 35. EQUAL EMPLOYMENT OPPORTUNITY A. In the event of the contractor's noncompliance with any provision of the Illinois Human Rights Act or Section 1-12-5 of the Evanston City Code, the contractor may be declared non-responsible and therefore ineligible for future contracts or sub- contracts with the City of Evanston, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by Statute or regulation. B. During the performance of this contract, the contractor agrees as follows: 1. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or ancestry, or age or physical or mental handicap that does not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. Contractor shall comply with all requirements of City of Evanston Code Section 1-12-5. 2. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry. INSTRUCTIONS TO BIDDERS 9 3. That, if it hires additional employees in order to perform this contract, or any portion hereof, it will determine that availability (in accordance with the Fair Employment Commission's Rules and Regulations for Public Contracts) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Fair Employment Practices Act and the Fair Employment Practices Commission's Rules and Regulations for Public Contracts. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules and Regulations, the contractor will promptly so notify the Illinois Fair Employment Practices Commission and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations hereunder. 5. That it will submit reports as required by the Illinois Fair Employment Practices Commission's Rules and Regulations for Public Contracts, furnish all relevant information as may from time to time be requested by the Fair Employment Practices Commission or the contracting agency, and in all respects comply with the Illinois Fair Employment Practices Commission's Rules and regulations for Public Contracts. 6. That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency, the City Manager, the Commission and the Illinois Fair Employment Practices Commission for purposes of investigation to ascertain compliance with the Illinois Fair Employment Practices Act and the Fair Employment Practices Act and the Fair Employment Practices Commission's Rules and Regulations for Public Contract. 7. That it will include verbatim or by reference the provisions of subsections (A) through (G) of this clause in every performance sub-contract as defined in Section 2.10(b) of the Fair Employment Practices Commission's Rules and Regulations for Public Contracts so that such provisions will be binding upon every such sub-contractor; and that it will also include the provisions of subsections (A), (E), (F), and (G) in every supply sub-contract as defined in Section 2.10(a) of the Fair Employment Practices Commission's Rules and Regulations for Public Contracts so that such provisions will be binding upon every such sub-contractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by all its sub-contractors; and further it will promptly notify the INSTRUCTIONS TO BIDDERS 10 contracting agency and the Illinois Fair Employment Practices Commission in the event any sub-contractor fails or refuses to comply therewith. In addition, no contractor will utilize any sub-contractor declared by the Fair Employment Practices Commission to be non-responsible and therefore ineligible for contracts or sub-contracts with the State of Illinois or any of its political subdivisions or municipal corporations. 36. M/W/EBE GOAL The City of Evanston has a goal of awarding 25% of its contracts to Minority- Owned, Women-Owned, and Evanston-based businesses (M/W/EBEs). All Bidders must state the proposed involvement of M/W/EBEs in completing a portion of the services required by the City by completing the attached M/W/EBE forms. Any questions regarding M/W/EBE compliance should be submitted in writing to Tammi Nunez, Purchasing Manager at tnunez@cityofevanston.org. 37. LOCAL EMPLOYMENT PROGRAM REQUIREMENTS In an effort to increase hiring of economically disadvantaged Evanston residents on certain City construction projects, the contractor shall comply with the provisions‪of‪the‪City‪of‪Evanston’s‪Local‪Employment‪Program‪Ordinance‪(LEP)‪ set forth in Section 1-17-1 (C) of the Evanston City Code. The intent of the LEP is to have Evanston residents employed at the construction site as laborers, apprentices and journeymen in such trades as electrical, HVAC, carpenters, masonry, concrete finishers, truck drivers and other construction occupations necessary for the project. Any questions regarding LEP compliance should be submitted in writing to Tammi Nunez Purchasing Manager at tnunez@cityofevanston.org. NOTE: CITY OF EVANSTON ORDINANCE 60-O-14 AMENDMENT LOCAL EMPLOYMENT PROGRAM (LEP) available on the City website at: Ordinance 60-O-14 Amendment LEP 38. Questions All questions related to this bid document should be submitted in writing to John Gonzalez, Purchasing Specialist at JohnGonzalez@cityofevanston.org with a copy to Shane Cary, at SCary@cityofevanston.org. Only inquiries received a minimum of seven (7) working days prior to the date set for the opening of bids, will be given any consideration. 39. COORDINATION OF EXISTING SITE WITH DRAWINGS A. Before submitting a bid, bidders shall carefully examine the drawings and specifications, visit the site, and fully inform themselves as to all conditions and limitations. B. Should a bidder find discrepancies in, or omissions from the drawings or specifications, or should be in doubt as to their meaning, the bidder should at once notify the Purchasing Specialist, who will issue necessary instructions to all bidders in the form of an addendum. mailto:tnunez@cityofevanston.org mailto:tnunez@cityofevanston.org https://www.municode.com/library/il/evanston/codes/code_of_ordinances?searchRequest=%7B%22searchText%22:%22Local%20Employment%20Program%20(LEP)%20Ordinance%22,%22pageNum%22:1,%22resultsPerPage%22:25,%22booleanSearch%22:false,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%22contentTypes%22:%5B%22CODES%22%5D,%22productIds%22:%5B%5D%7D&nodeId=TIT1GEAD_CH17PUSALEREPEPR_1-17-1PUGOSE mailto:JohnGonzalez@cityofevanston.org mailto:SCary@cityofevanston.org INSTRUCTIONS TO BIDDERS 11 40. AFFIRMATIVE ACTION IN SUB-CONTRACTING (EXCERPT FROM RESOLUTION 59-R-73) “Contractor‪agrees‪that‪he‪shall‪actively‪solicit‪bids‪for‪the‪sub-contracting of goods or services from qualified minority businesses. At the request of the City, Contractor shall furnish evidence of his compliance with this requirement of minority solicitation. Contractor further agrees to consider the grant of sub-contracts to said minority bidders on the basis of substantially equal bids in the light most favorable to said minority businesses. Contractor further affirms that in obtaining his performance and bid bonds, he will seek out and use companies who have records of, and/or who will make commitments to, the bonding of minority contractors on a rate basis comparable to their bonding of similar non-minority contractors. The contractor may be required‪to‪submit‪this‪evidence‪as‪part‪of‪the‪bid‪or‪subsequent‪to‪it.” 41. COMPLIANCE WITH LAWS A. The bidder shall at all times observe and comply with all laws, ordinances and regulations of the Federal, State, Local and City Governments, which may in any manner affect the preparation of bids or the performance of the contract. 42. QUALIFICATION OF BIDDERS A. All bidders must be qualified in accordance with the instructions, procedures and methods set forth in this specification. B. In awarding contract, City may take into consideration, skill, facilities, capacity, experience, ability, responsibility, previous work, financial standing of bidder, amount of work being carried on by bidder, quality and efficiency of construction equipment proposed to be furnished, period of time within which proposed equipment is furnished and delivered, necessity of prompt and efficient completion of work herein described. Inability of any bidder to meet requirements mentioned above may be cause for rejection of the bid. In addition, if the project covered by this contract is a minority set-aside project, the contractor's qualifications as a minority firm will determine the eligibility of the contractor to bid. 43. COMPETENCY OF BIDDER A. No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the City of Evanston upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said City, or had failed to perform faithfully any previous contract with the City. B. The bidder, if requested, must present within forty eight (48) hours evidence satisfactory to the Purchasing Manager of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications and contract documents. 44. PREFERENCE TO CITIZENS The Contractor shall abide by the Illinois Preference Act, 30 ILCS 570 et seq., INSTRUCTIONS TO BIDDERS 12 which stipulates that whenever there is a period of excessive unemployment in Illinois, defined as any month immediately following two (2) consecutive months during which the level of unemployment in Illinois exceeds five percent (5%) as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers unless otherwise exempted as so stated in the Act. (“Illinois‪ laborer”‪ means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident) Other laborers may be used IF Illinois laborers are not available or are incapable of performing the particular type of work involved if so certified by the Contractor and approved by the project engineer. GENERAL CONDITIONS 1 GENERAL CONDITIONS 1. BASIS OF AWARD The City of Evanston reserves the right to award a contract to a responsive and responsible Bidder(s) who submits the lowest total bid, or to reject any or all bids and bidding, when in its opinion the best interest of the City will be served by such action. The City reserves the right to consider the specified alternates in its evaluation of the bids. 2. BIDS A. LUMP SUM BID 1. The bidder is to submit a lump sum bid for each bid line on the Bid Form which includes all costs incidental to performing the specified work. It is understood and agreed that the unit quantities given in the supporting pages are approximate only and the bidder shall verify these quantities before bidding as no claim shall be made against the City on account of any excess or deficiency in the same. 2. Unit prices given in the supporting pages shall be used by the City and the Contractor for any subsequent changes in the contract. 3. QUANTITIES Any quantities shown on the Bid Form are estimated only for bid canvassing purposes, the City has made a good faith effort to estimate the quantity requirements for the Contract term. The City reserves the right to increase or decrease quantities ordered under this contract. 4. CONTRACT TERM Bidder must fully complete the work within the period specified herein after award of the contract by the City. 5. NOTICE TO PROCEED/ PURCHASE ORDER/ CONTRACT A. The City issued Purchase Order serves as the City official Notice to Proceed. No work will be allowed prior to Contractor receipt of the City issued Purchase Order. B. Upon approval of the required bonds and insurance documents, the City will issue a Purchase Order to the Contractor for the contract amount. All Applications for Payment must reference the Purchase Order number. C. When it is necessary to issue a Change Order that increases/decreases the contract amount, a Change Order form will be issued and a modified Purchase Order will be issued reflecting the revised contract amount. D. When it is necessary to issue a Change Order that only increases/decreases the contract period, only a Change Order form will be issued establishing the revised GENERAL CONDITIONS 2 contract period. E. Upon Award the contractor shall execute the Contractor Services Agreement. 6. PAYMENT A. Progress‪payments‪will‪be‪made‪in‪accordance‪with‪“Applications‪for‪Payment”‪and “Project‪Closeout”‪sections‪of‪ the‪specifications,‪ less‪a‪10%‪retainage‪for‪each‪ payment, which will be held until final acceptance of the work by the City. Certification‪ of‪ each‪ Application‪ for‪ Payment‪ will‪ be‪ made‪ by‪ the‪ City’s‪ representative. B. All payments will be made in accordance with Illinois Local Government Prompt Payment Act. 7. DECISIONS TO WITHHOLD CERTIFICATION FOR PAYMENT A. The City may not certify payment and may withhold payment in whole or in part, to the extent reasonably necessary to protect the City, if the quality of the work is not in accordance with the contract documents. If the City is unable to certify payment in the amount of the invoice, the City will promptly issue payment for the amount of the Work completed in accordance with the contract documents. The City may not certify payment due to any contractor negligence or contract non-compliance. a. Defective work not remedied b. Third party claims filed or reasonable evidence indicating probable filing of such claims c. Failure of Contractor to make payments properly to Sub-contractors for labor, materials or equipment d. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum e. Damage to the City or another contractor f. Reasonable evidence that the work will not be completed within the Contract period and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay g. Persistent failure to carry out work in accordance with the Contract Documents. 8. CHANGES IN WORK A. The City reserves the right to make changes in the plans and specifications by altering, adding to, or deducting from the work, without invalidating the contract. All such changes shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. B. No change shall be made unless a written Change Order and/or modified Purchase Order is issued by the City stating that the City has authorized the change, and no claim for an addition to the contract shall be valid unless so ordered. GENERAL CONDITIONS 3 C. If such changes diminish the quantity of work to be done they shall not constitute a claim for damage or anticipated profits on the work, such increase shall be paid in one or more of the following ways: 1. by estimate and acceptance in lump sum 2. by‪unit‪prices‪named‪in‪the‪contract’s‪bid‪form‪or‪subsequently‪agreed‪upon D. Whenever the quantity of any pay item as given in the proposal shall be increased or decreased, payment shall be made on the basis of the actual quantity completed at the unit price for such pay item named in the proposal. 9. DEDUCTION FOR UNCORRECTED WORK If the City deems it expedient to correct work damaged or not done in accordance with the contract, the difference in value, together with a fair allowance for damage shall be deducted from the contract amount due. The value of such deduction shall be determined by the City. 10. CITY’S RIGHT TO TERMINATE CONTRACT The City reserves the right, in addition to other rights to termination, to terminate the contracts in accordance with all provisions of the executed contract. 11. LIENS A. Neither the final payment nor any part of any retained percentages, shall become due until the contractor, if required, delivers to the City, a complete release of all liens arising out of this contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as it has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed. If any lien remains unsatisfied after all payments are made the contractor shall refund to the City all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and attorney's fees. 12. SEPARATE CONTRACTS A. The City reserves the right to let other contracts in connection with this work. The contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his or her work with theirs. If any part of the contractor's work depends on proper execution or results upon the work of any other contractor, the contractor shall inspect and promptly report to the City any defects in such work that render it unsuitable for such proper execution and results. His or her failure to so inspect and report shall constitute an acceptance of other contractor's work as fit and proper. B. To insure the proper execution of his or her subsequent work, the contractor shall measure work already in place and shall at once report to the City any discrepancy between the executed work and the drawings which will affect his or her work. GENERAL CONDITIONS 4 13. PROTECTION & SAFEGUARDS A. Unless otherwise specified, the contractor, as a part of this contract, shall provide, erect and maintain temporary roads, fences, bracing, lights, warning signs, barricades, etc. necessary for the protection of the construction materials, adjacent property and the public. B. The contractor shall contact all utilities which will be affected by its operations and notify the owners of the utilities of its operations and their limits within forty-eight (48) hours prior to beginning construction. The contractor shall be responsible for damage to utilities and shall, at his or her own expense, restore such property to a condition equal to that which existed before its work, as may be directed by the owners. C. The contractor shall protect all work and unused materials of this contract from any and all damage and shall be solely responsible for the condition of such work and materials. 14. MATERIAL STORAGE A. On-site areas may be designated for material/equipment storage. The contractor will assume all risk and liability associated with the storage of material/equipment at on-site locations. 15. CLEANING UP A. The contractor shall at all time keep the premises free from accumulation of waste material or rubbish caused by its employees or work and at the completion of the work it shall remove all its rubbish, tools, and surplus materials from the premises, leaving the area in a neat and workmanlike condition. In case of dispute, the City may remove the rubbish and charge the cost to the contractor. B. Contractor recognizes that proper cleanup and removal of construction debris is an important safety consideration. The Contractor shall be solely responsible for daily construction site/area cleanup and removal of all construction debris in accordance with City-approved disposal practices. Contractor shall be solely responsible for identifying and removing at its expense all hazardous material and waste which it uses and generates. 16. RESTORATION OF SITE A. Prior to final payment, contractor shall fully restore all property disturbed or damaged during the course of this work. This includes, but is not limited to public property, (walks, curbs, roadways, trees, etc.) private property, and utilities. This shall also include removal of temporary facilities erected during the course of this contract and restoration of these areas. B. All restoration work shall be subject to the approval of the City and shall restore the property to a condition at least equal to that existing prior to the start of this contract. GENERAL CONDITIONS 5 C. All restoration work of property damaged by contractor shall be accomplished at the sole expense of the contractor. 17. PREVAILING WAGE A. Prospective Bidders shall thoroughly familiarize themselves with the provisions of the above-mentioned Act and shall prepare any and all bids/bids in strict compliance therewith. B. Effective September 1st - All work performed on new and existing projects must be submitted to Illinois Department of Labor through the certified transcript of payroll portal. You may access the portal here: Certified Transcript of Payroll Portal All contractors and sub-contractors on public works projects must submit and upload certified payrolls on a monthly basis to the IDOL online portal, provide a pdf copy to the City’s‪ project‪manager‪ and‪ business‪ work‪ force‪ development‪ coordinator, along with a statement affirming that such records are true and accurate, that the wages paid to each worker are not less than the required prevailing rate and that the contractor is aware that filing records her or she knows to be false is a Class B misdemeanor. C. The certified payroll record must include for every worker employed on the public works project the name, address, telephone number, social security number, job classification, hourly wages paid in each pay period, number of hours worked each day, and starting and ending time of work each day. These certified payroll records are considered public records and public bodies must make these records available to the public under the Freedom of Information Act, with the exception of the employee’s‪address,‪telephone‪number‪and‪social‪security‪number.‪Any‪contractor‪ who fails to submit a certified payroll or knowingly files a false certified payroll is guilty of a Class B misdemeanor. D. All certified payrolls shall be submitted in electronic format, preferably a PDF file. E. As a condition of receiving payment, Contractor must (i) be in compliance with the Agreement, (ii) pay its employees prevailing wages when required by law (Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services). Contractor is responsible for contacting the Illinois Dept. of Labor 217-782-1710; https://www2.illinois.gov/idol/Laws- Rules/CONMED/Pages/prevailing-wage-act.aspx compliance with prevailing wage requirements), (iii) pay its suppliers and sub-contractors according to the terms of their respective contracts, and (iv) provide lien waivers to the City upon request. 18. CONTRACTOR REQUIREMENTS A. The Contractor shall abide by and comply with all local, State and federal laws and https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/certifiedtranscriptofpayroll.aspx https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/prevailing-wage-act.aspx https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/prevailing-wage-act.aspx GENERAL CONDITIONS 6 regulations relating to contracts involving public funds and the development/construction of public works, buildings, or facilities. The scale of wages to be paid shall be obtained from Illinois Department of Labor and posted by the Contractor in a prominent and accessible place at the project work site. B. The Contractor certifies it has not been barred from being awarded a contract with a unit of State or local government as a result of bid rigging or bid rotating or any similar offense (720 ILCS 5/33 E-3, E-4). C. The Contractor certifies, pursuant to the Illinois Human Rights Act (775 ILCS 5/2- 105), that it has a written sexual harassment policy that includes, at a minimum, the following information: (1) the illegality of sexual harassment, (2) the definition of sexual harassment under State law, (3) a description of sexual harassment utilizing examples,‪(4)‪the‪Contractor’s‪internal‪complaint‪process‪including‪penalties,‪(5)‪ legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and directions on how to contact both; and (6) protection against retaliation as provided by Section 6- 101 of the Illinois Human Rights Act. D. The Contractor shall abide‪by‪ the‪ “Illinois‪Preference‪Act”‪which‪stipulates‪ that‪ whenever there is a period of excessive unemployment in Illinois, defined as any month immediately following two (2) consecutive months during which the level of unemployment in Illinois exceeds five percent (5%) as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers unless otherwise exempted as‪so‪stated‪in‪the‪Act.‪‪(“Illinois‪laborer”‪means‪any‪person‪who‪has‪resided‪in‪ Illinois for at least 30 days and intends to become or remain an Illinois resident) Other laborers may be used IF Illinois laborers are not available or are incapable of performing the particular type of work involved if so certified by the Contractor and approved by the project engineer. 19. SUB-CONTRACTORS A. The term “sub-contract”‪means‪any‪agreement,‪arrangement‪or‪understanding,‪ written or otherwise between a Contractor and any person (in which the parties do not stand in the relationship of an employer or an employee) for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements, which, in whole or in part, is utilized in the performance of any one or more Contracts‪under‪which‪any‪portion‪of‪the‪Contractor’s‪obligation‪under‪any‪ one or more Contracts is performed, undertaken or assumed. B. The Bidder is specifically advised that any person, firm or party, to whom it is proposed to award a sub-contract under this contract must be acceptable to the City. Approval for the proposed sub-contract Award cannot be given by the City until the proposed Sub-contractor has submitted evidence showing that it has fully complied with any reporting requirements to which it is, or was, subject. GENERAL CONDITIONS 7 C. The contractor, shall, within ten (10) days after award of the Contract, submit to the City in writing, names and addresses and respective amounts of money for proposed contracts with Sub-contractors/major suppliers. The City will review and may direct the Contractor that they shall not employ any that are not acceptable as provided above. D. The sub-contractor shall abide by and comply with all local, State and federal laws and regulations relating to contracts involving public funds and the development/construction of public works, buildings, or facilities. 20. PAYMENTS TO SUB-CONTRACTORS A. Within seven days after the receipt of amounts paid by the City for work performed by a sub-contractor under this contract, the Contractor shall either: 1. Pay the sub-contractor for the proportionate share of the total payment received from the City attributable to the work performed by the sub- contractor under this contract; or, 2. Notify the City and sub-contractor, in writing, of his intention to withhold all or a part of the sub-contractor's payment and the reason for non-payment. B. The Contractor shall pay interest to the sub-contractor on all amounts owed that remain unpaid beyond the seven day period except for amounts withheld as allowed in item 2 above. C. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month. D. The Contractor shall include in each of its sub-contracts a provision requiring each Sub-contractor to include or otherwise be subject to the same payment and interest requirements as set forth above with respect to each lower-tier sub- contractor. E. The Contractor's obligation to pay an interest charge to a sub-contractor pursuant to this provision may not be construed to be an obligation of the City. 21. BOND – PERFORMANCE, MATERIAL, & LABOR A. When required by the specifications herein, the successful Bidder or Bidders shall, within ten (10) calendar days after acceptance of the Bidder's bid by the City, furnish a performance bond for 100% of the full amount of the contract from insurance companies having not less than A+ Policyholders Rating from the most recent Alfred M. Best and Co., Inc. listing available. Certification of the insurance company's rating shall be provided prior to contract implementation and quarterly thereafter until contract completion. Should such rating fall below the required A+ level during performance of the contract, it will be the contractor's responsibility to notify the City and provide a new bond from an insurance company whose rating GENERAL CONDITIONS 8 meets the City's requirements. B. When required by the specifications herein, all Bidders shall submit with the bid a bid bond. A letter of credit may be furnished in lieu of a bid bond only if the following conditions are met: 1) An irrevocable letter of credit must be obtained from an accredited bank which shall include an agreement that the bank will honor a demand by the City for payment due to Plaintiff failure to complete the project. 2) An irrevocable letter of credit must be in writing and signed by an authorized representative of the bank. 3) The irrevocable letter of credit must expressly state that it is irrevocable until the bid has been awarded. 4) The letter of credit must be for the percentage specified in the bid documents. C. The City may reject the use of an irrevocable letter of credit if the financial soundness of the issuing bank is found to be unacceptable. D. In the event that the Bidder fails to furnish a performance bond in said period of ten (10) calendar days after acceptance of the Bidder's bid by the City, the City may withdraw its acceptance of the bid and retain the Bidder's deposit as liquidated damages and not as a penalty. E. If the contractor has more than one project for which there is a contract with the City of Evanston the contractor shall provide a separate Performance Bond for each project. 22. INDEMNITY A. The Contractor shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s‪ fees,‪ judgments‪or‪ settlements,‪ resulting‪ from‪or arising out of any negligent‪or‪willful‪act‪or‪omission‪on‪the‪part‪of‪the‪Contractor‪or‪Contractor’s‪ sub-contractors, employees, agents or sub-contractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. B. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Contractor shall be liable for the reasonable costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. C. At‪the‪City‪Corporation‪Counsel’s‪option,‪Contractor‪must‪defend‪all‪suits‪brought‪ GENERAL CONDITIONS 9 upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Contractor of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Project by Contractor must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. D. To the extent permissible by law, Contractor waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Contractor that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Worker Compensation Act, the Illinois Pension Code or any other statute. E. The Contractor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its sub- contractors’‪ work.‪ Acceptance‪ of‪ the‪ work‪ by‪ the‪ City‪ will‪ not‪ relieve‪ the‪ Contractor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. 23. CONTRACTOR’S LIABILITY INSURANCE A. THE CONTRACTOR SHALL NOT COMMENCE WORK UNDER THIS CONTRACT UNTIL THEY HAVE OBTAINED ALL INSURANCE REQUIRED HEREIN AND SUCH INSURANCE HAS BEEN APPROVED BY THE CITY. Nor shall the contractor allow any sub-contractor to commence work until all similar insurance required of the sub-contractor has been so obtained. B. The City of Evanston shall be named as an additional insured on the policy of the contractor for whatever the policy limits are for the contractor, but in no event shall the Comprehensive General Liability limits be less than $3,000,000.00. C. If the contractor has more than one project for which he has a contract with the City of Evanston there shall be separate Certificates of Insurance naming the City as an additional insured on each separate policy. D. In the event of accidents, injuries, or unusual events, whether or not any injury occurred, the contractor shall promptly furnish the City with copies of all reports of such incidents. E. The contractor shall furnish one (1) copy of a certificate, with the City named as an additional insured, showing the following minimum coverage with insurance company acceptable to the City. GENERAL CONDITIONS 10 24. PRE-CONSTRUCTION MEETING A. A pre-construction meeting will be scheduled for the successful Contractor at a date immediately following awarding of the Contracts. 25. LIQUIDATED DAMAGES A. The Contractor shall, and agrees to pay, per calendar day, the amount listed in the Schedule of Deductions presented in Article 108.09 of the Illinois Department of Transportation’s‪ (IDOT)‪Standard‪Specifications‪(based‪upon‪the‪ total‪Contract‪ Price) as liquidated damages for failure to meet the completion deadlines identified below: Substantial Completion Deadline: Friday, November 30, 2023 Final Completion Deadline: Friday, March 29, 2024 B. This payment is for liquidated damages, in addition to any other damages that may be incurred by the City, and not as a penalty. All such liquidated damages may be set-off against any moneys that may be due the contractor. C. Substantial Completion shall be defined as the stage in the progress of the work when the work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the work for its intended use. Substantial Completion will be certified by the issuance of a Certificate of Substantial Completion,‪ to‪be‪ issued‪by‪ the‪City’s‪ representative,‪ when the Contractor has satisfied the above statement and billed the City for a minimum of 90% of the total value of the work. D. Final Completion shall be defined as the stage in the progress of the work when the contractor has completed all items identified by the design team and owner in the final inspection; and provided all closeout documentation as indicated in the contract documents. 26. EXTENSION OF TIME A. Delays due to causes beyond the control of the contractor other than such as reasonable would be expected to occur in connection with or during the performance of the work, may entitle the contractor to an extension of time for completing the work sufficient to compensate for such delay. No extension of time shall be granted, however, unless the contractor shall notify the City in writing thereof, within ten (10) days from the initiation of the delay and unless he shall, within ten (10) days after the expiration of the delay, notify the City in writing of the extension of time claimed on account thereof and then only to the extent, if any, allowed by the City. 27. DEFAULT A. The City may, subject to the provisions of this section, by written notice of default to Contractor, terminate the whole or any part of this contract in any one of the GENERAL CONDITIONS 11 following circumstances: 1. if the Contractor fails to perform the services within the time specified herein, or any extension thereof; or 2. if the contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure failure within a period of 10 days (or such other extended period as the City may authorize in writing) after receipt of notice from the City specifying such failure B. In the event the City terminates this contract in whole or in part as provided in this section, the City may procure, upon such terms and in such manner as the City may deem appropriate, services similar to those so terminated, and the Contractor will be liable to the City for any excess costs for such similar services. C. The Contractor will not be liable for any excess of costs if acceptable evidence has been submitted to the City that the failure to perform the contract was due to causes beyond the control and without fault or negligence of the Contractor. D. Contractors who default may not be considered for awards of future City contracts. 28. USE OF PREMISES A. The contractor shall confine his apparatus, the storage of materials and the operations of his workers, to limits indicated by law, ordinances, permits or directions of the City. 29. DISCLOSURES AND POTENTIAL CONFLICTS OF INTEREST (30 ILCS 500/50-35) A. The‪City‪of‪Evanston’s‪Code‪of‪Ethics prohibits public officials or employees from performing or participating in an official act or action with regard to a transaction in which he has or knows he will thereafter acquire an interest for profit, without full public disclosure of such interest. This disclosure requirement extends to the spouse, children and grandchildren, and their spouses, parents and the parents of a spouse, and brothers and sisters and their spouses. To ensure full and fair consideration of all bids, the City of Evanston requires all Bidders including owners or employees to investigate whether a potential or actual conflict of interest exists between the Bidder and the City of Evanston, its officials, and/or employees. If the Bidder discovers a potential or actual conflict of interest, the Bidder must disclose the conflict of interest in its bid, identifying the name of the City of Evanston official or employee with whom the conflict may exist, the nature of the conflict of interest, and any other relevant information. The existence of a potential or actual conflict of interest does NOT, on its own, disqualify the disclosing Bidder from consideration. Information provided by Bidders in this regard will allow the City of Evanston to take appropriate measures GENERAL CONDITIONS 12 to ensure the fairness of the bidding process. The City of Evanston requires all bidders to submit a certification, enclosed with this bid packet, that the bidder has conducted the appropriate investigation and disclosed all potential or actual conflicts of interest. By submitting a bid, all Bidders acknowledge and accept that if the City of Evanston discovers an undisclosed potential or actual conflict of interest, the City of Evanston may disqualify the Bidder and/or refer the matter to the appropriate authorities for investigation and prosecution. INSURANCE REQUIREMENTS 1 INSURANCE REQUIREMENTS TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Bodily Injury and Consequent Death Property Damage Each Occurrence Aggregate___ Commercial General Liability including: $3,000,000 $3,000,000 1. Comprehensive form 2. Premises - Operations 3. Explosion & Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Insurance – With Insurance Certificate Must State: an endorsement on the The City Of Evanston is Named face of the certificate as Additional Insured that it includes the "Indemnity" paragraph of the specifications. 7. Broad Form Property Damage - construction projects only 8. Independent contractors 9. Personal Injury Automobile Liability Owned, Non-owned or Rented $ 1,000,000 $1,000,000 Workmen's Compensation and Occupational Diseases As required by applicable laws. Employer's Liability $ 500,000 Thirty day notice of cancellation required on all certificates. EXHIBIT A 1 EXHIBIT A – BID FORM For Evanston Animal Shelter (BID #22-70) 1.01 BID TO: THE CITY OF EVANSTON 2100 Ridge Avenue Evanston, Illinois 60201 Hereinafter called‪“OWNER”. 1.02 BID FROM: ____________________________________ (Hereinafter call "BIDDER") ______________________________________ Address ______________________________________ Telephone Number ______________________________________ Fax Number 1.03 BID FOR: Evanston Animal Shelter 1.04 ACKNOWLEDGEMENT: A. The Bidder, in compliance with the Invitation for Bids, having carefully examined the Drawings and Project Manual with related documents and having visited the site of the proposed Work, and being familiar with all of the existing conditions and limitations surrounding the construction of the proposed project, including the structure of the ground, subsurface conditions, the obstacles which may be encountered, local restrictions, and all other relevant matters concerning the Work to be performed, hereby PROPOSES to perform everything required to be performed, and to provide all labor, materials, necessary tools and equipment, expendable equipment, all applicable permits and taxes and fees, and provide all utility and transportation services necessary to perform and complete in a workmanlike EXHIBIT A 2 manner the Project in accordance with all the plans, specifications and related Contract Documents as prepared by the City of Evanston. B. The undersigned hereby acknowledges receipt of Invitation of Bids, Instruction to Bidder, the Project Manual, Drawings, and other Contract Documents and acknowledges receipt of the following Addenda: Addendum No. Dated Addendum No. Dated Addendum No. Dated 1.05 GENERAL STATEMENTS A. The undersigned has checked all of the figures contained in this proposal and further understands that the Owner will not be responsible for any errors or omissions made therein by the undersigned. B. It is understood that the right is reserved by the Owner to reject any or all proposals, to waive all informality in connection therewith and to award a Contract for any part of the work or the Project as a whole. C. The undersigned declares that the person(s) signing this proposal is/are fully authorized to sign on behalf of the named firm and to fully bind the named firm to all the conditions and provisions thereof. D. It is agreed that no person(s) or company other than the firm listed below or as otherwise indicated hereinafter has any interest whatsoever in this proposal or the Contract that may be entered into as a result thereof, and that in all respects the proposal is legal and fair, submitted in good faith, without collusion or fraud. E. It is agreed that the undersigned has complied and/or will comply with all requirements concerning licensing and with all other local, state and national laws, and that no legal requirement has been or will be violated in making or accepting this proposal, in awarding the Contract to him, and/or in the prosecution of the Work required hereunder. F. To be considered a bona fide offer, this proposal must be completed in full and accompanied by a bid deposit or a bid bond when required by Contract Documents or Addenda. 1.06 ALTERNATES A. When alternate proposals are required by Contract Documents or Addenda thereto, the undersigned proposes to perform alternates for herein stated additions to or deductions from hereinbefore stated Base Bid. Additions and deductions include all modifications of Work or additional Work that the undersigned may be required to perform by reason of the acceptance of alternates. EXHIBIT A 3 1.07 ALLOWANCE A. The allowance is general and should be used in the event that any unforeseen condition is discovered. After discovering the unforeseen condition, the contractor shall submit a Found Condition Report (FCR) and an Authorization to Use Allowance (AUA) to the Consultant. The Consultant will then notify the Owner and both the Owner and the Consultant will view the unforeseen condition to determine if the work will be authorized. Under no circumstances shall the contractor move forward with the work in question nor shall the contractor expend allowance without an approved AUA. At the end of the project, unspent allowance shall be credited to owner via change order. 1.08 AGREEMENT A. In submitting this Bid, the undersigned agrees: 1. To hold this Bid open for sixty (60) days from submittal date. 2. To enter into and execute a Contract with the Owner within ten (10) days after receiving Notice of Award from the Owner. 3. To accomplish the work in accordance with the Contract Documents. 4. To complete the work by the time stipulated in the General Conditions B. The Owner reserves the right to reject any and all Bids and to waive any informalities in Bidding. 1.09 SCHEDULE A. See General Conditions for required schedule of completion dates. 1.10 PROPOSED PRICES A. The Bidder hereby proposes to furnish all labor, materials, equipment, transportation, construction plant and facilities necessary to complete, in a workmanlike manner and in accordance with the contract documents, the contract of work bid upon herein for compensation in accordance with the following prices: FOUNDATION: $____________________ SUBSTRUCTURE: $____________________ SUPERSTRUCTURE: $____________________ EXTERIOR CLOSURE: $____________________ ROOFING: $____________________ INTERIOR: $____________________ EXHIBIT A 4 PLUMBING: $____________________ HVAC: $____________________ FIRE PROTECTION: $____________________ ELECTRICAL: $____________________ SITE PREPARATION (LESS UNIT PRICED ITEMS BELOW): $____________________ UNIT PRICE #1 74 CU. YDS. (HAZARDOUS WASTE): $____________________ UNIT PRICE #2 1,015 CU. YDS. (UNSUITABLE SOIL): $____________________ SITE IMPROVEMENT: $____________________ SITE UTILITIES: $____________________ SUBTOTAL: $____________________ ALLOWANCE NUMBER 01 (ADDITIONAL WORK – GENERAL): $ +350,000 ALLOWANCE NUMBER 02 (TEMPORARY FENCE AROUND MUNICIPAL STORAGE FACILITY): $ +100,000 ALLOWANCE NUMBER 03 (FURNISHINGS): $ +75,000 ALLOWANCE NUMBER 04 (DONOR WALL SIGNAGE & EXTERIOR SIGNAGE): $ +30,000 TOTAL BASE BID AMOUNT: $____________________ ALTERNATE 1 – CANOPY AT SOUTHEAST CORNER Provide canopy at south-east corner of building. Provide structural timber framing, footing, uninsulated canopy roof, fascia, downspout and gutter. Refer to drawing sheets G1-4 and A4-3. The ADD/DEDUCT LUMP SUM PRICE, if awarded to the undersigned, shall be: ALTERNATE 1 AMOUNT: $_____________________ EXHIBIT A 5 ALTERNATE 2 – SOUTH SCREEN WALL AT RTU’S Provide screenwall on the south side of rooftop RTU’s. Coordinate with structure and mechanical. Refer to drawing sheets G1-4 and A4-3. The ADD/DEDUCT LUMP SUM PRICE, if awarded to the undersigned, shall be: ALTERNATE 2 AMOUNT: $_____________________ ALTERNATE 3 – ADJACENT SITE WORK Provide new vehicular asphalt paving extending into the adjacent parcel, curb, chainlink fencing, and gate. Coordinate with City of Evanston, Landscape and Civil. Refer to drawing sheet AS1-1. The ADD/DEDUCT LUMP SUM PRICE, if awarded to the undersigned, shall be: ALTERNATE 3 AMOUNT: $_____________________ ALTERNATE 4 – TREE REMOVAL Remove (2) existing trees outside of project boundary as indicated on drawing sheet G1-4 and AS1-0. The ADD/DEDUCT LUMP SUM PRICE, if awarded to the undersigned, shall be: ALTERNATE 4 AMOUNT: $_____________________ ALTERNATE 5 – ADDITIONAL TIME Provide an alternate cost for extending the deadline for substantial completion to March 29, 2024 and the Final Completion to July 26, 2024. The ADD/DEDUCT LUMP SUM PRICE, if awarded to the undersigned, shall be: ALTERNATE 5 AMOUNT: $_____________________ 1.11 UNIT PRICING LIST The undersigned submits the following UNIT PRICING LIST to be performed as shown on the Plans and/or described in the Specifications, and agrees that items of work not specifically mentioned in the Schedule which are necessary and required to complete the work intended shall be done incidental to and as part of the work for which a unit price is given, and underst