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CITY OF EVANSTON
SPECIFICATIONS AND BID DOCUMENTS
Construction Bid with Subcontractors
BID NUMBER: 12-136
For
CHURCH STREET IMPROVEMENT PROJECT
(Ridge Avenue to Chicago Avenue)
(PW-RS/STSC-1207)
Gry of
Evanston
BID OPENING
TIME, DATE, PLACE: 2:00 P.M., Tuesday, June 19, 2012 Room 2404,
Lorraine Morton H. Civic Center,
2100 Ridge Avenue, Evanston, Illinois 60201
BID BOND5%of Contract Amount
PERFORMANCEIMATERIAL
& LABOR PAYMENT BOND: 110% of Contract Amount
CONTRACT PERIOD. August 1, 2012 to October 14, 2012
SEALED BIDS TO BE RETURNED TO:
CITY OF EVANSTON
PURCHASING DIVISION, ROOM 4200,
LORRAINE H MORTON CIVIC CENTER
2100 RIDGE AVENUE, EVANSTON, IL 60201
Phcno 817/866-2,935 ° Fax- 849/448,8128
TABLE OF CONTENTS
SPECIFICATION SECTION
PAGES
NUMBERS
DIVISION 0 — BIDDING REQUIREMENTS
Notice to Bidders .._ .... ........ .. .. ........ .. ... ....... _.........
.. 3
Locations and Map ... .............2
Instructions to BiddeelRequirements for Bidding _ ..
12
General Conditions . .................... ....... _. .,.....,..,.....,...
12
Insurance Requirements. __ _. .. .. ... ...
i
MIW/FSE Specifications ... . ... ..... ... .......... .. _ .,...,.
17
CONTRACT SPECIFICATIONS
Supplemental specifications -
40
Special Provisions, Technical Specifications and Details ...,,., ..
146
DOCUMENTS TO BE RETURNED WITH THE BID
Exhibit A Bid Form . .. ....._..... .......
. 9
Exhibit Federal Equal Employment Opportunity Certification...
1
Exhibit Disclosure of Owner ship Interest -I. .. ... ... ... ... .... ......
4
Exhibit D Additional Information Sheet ...,.......
1
ExhibitE Certificate of Compliance with Prevailing Wage Act
1
Exhibit F Major Subcontractors listing . ... ..... . ............... ......
1
ExhibitG Conflict of Interest Form . .. .. ... ... .. .. ... ........
1
Exhibit H Signature Form ...................... .. ....
1
Exhibit Affidavit of Joint Venture(MBE/WBEIEBE).....................
7
Exhibit) Schedule of Additional M/W/EBE Subcontanions ._...
1
Exhibit K Leiter of Intent from MMIEBE to Perform as a
2
Subcontractor, Supplier, and/or
Consultant and Affirmation of MIW/EBE Status
Exhibit L Affidavit of MIW/EBE Goal Implementation Plan .. .....
2
Exhibit M MM/EBE Participation Waiver Request .
i
ADDITIONAL CONTRACT DOCUMENTS
Exhibit Contractor Services Agreement
23
Exhibit R Change Order Form . .. .. .. .. ... ... ....... . .
1
DIVISION 1 —General Requirements and Affidavits
Proposal Bid Bond .. ... ..... ... ............. ... .. .. ....
1
Affidavits of Compliance . .. ....... ..... ...
9
Proposal, ., .,,,, _ _ . ... ....
1
Apprenticeship and Training Program......,..,
1
Affidavit of Availability ... ............ . ....... ......
2
Signatures ..,,,
1
TABLE OF CONTENTS
CITY OF EVANSTON
NOTICE TO BIDDERS
Sealed bids dell be received by the Crtys Purchasing and Contracts Manager in Room
4200 of the Lorraine 11. Morton Civic Center located at 2100 Ridge Avenue, Evanston,
Illinois 60201, until 00 P.M local time Tuesday, June 19, 2012 and will be publicly read
thereafter in room 2404 Bids shall cover the following
CHURCH STREET IMPROVEMENT PROJECT
(Ridge Avenue to Chicago Avenel
(Pw-RSISTSC-1207)
Bid Number. 12-136
Work on this project includes all materials, labor, equipment and services for utility
improvements, Street Resurfacing, Streetscape improvements and all incidental
restoration work in City of Evanston. The above item shall conform to the Invitation for
Bids on Nam the Office of the Purchasing and Contracts Manager. The bid document,
including all necessary plans and specifications, will be available in the Office of the
Purchasing and Contracts Manager on Tuesday, May 22, 2012 Parties interested in
submitting a bid should contact the Purchasing and Contracts Manager to receive a copy
of the bid. There is a non-refundable payment of $50 00 for each set. Checks should be
made payable to the City of Evanston
The City of Evanston (the City) in accordance with the laws of the State of Illinois, hereby
natures all Bidders Rueter will affirmatively ensure that the contracts) entered into pursuant
to this Notice wall be awarded to the successful Bidders without discrimination on the
ground of race, color, religion, sex, age, sexual orientation, marital status, disability,
familial statusornabonalongin The Slate 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 regmrement 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 submittals) deemed =at advantageous to the City_
The Evanston City Council also reserves the rightm award the contractto an Evanston firm if
that fimi s bid Is within 5%of the low bid,
Each Bidder shall be required to submit with their bid a disclosed of ownership interest
statement form in accordance with the provisions of City Code Section 1-1ff-1 iesert Farlureto
submit such information will result in the disqualification of such bid
Jewell Jackson
Purchasing and Contracts Manager
Adverksed on:
Chicago Tribune
May 22. 2012
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS/REQUIREMENTS FOR BIDDING
(CONTRACTS OVER $20,000)
1. ON-LINE NOTIFICATION OF SOLICITATIONS
The City is utilizing Demandstar corn (www demandstar coral for on-line habituation
purposes only for scaled bids when it Is anticipated that the amount of the reaching
contract will be in excess of its formal bid lint of $20,000, such as this requirement
Interested Bidders are confused 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 All bids will be recoived in the Office of the Purchasing and Contracts Manager,
Room 4200, Lorraine H. Morton Civic Center, 2100 Ridge Avergam Evanston, tL
60201, An bids moat be imenueedm seakd opaque Mwatupeed(h the lWlecaing clearly
printed on the outside; Biddees name and address, subject matter of bid, and the
designated date and hour of the bid opening
B. NOTE:Thme copiesofthe bid information, as well as any otherirrtormafion required
in the solicitation document mustbe submitted on theforms providedwlthali blank
spaces for bid prices filled in Ink or typewritten and containing all required
infenjunion. Each copy must contain the some information (except one set must
have original signatures and stamps).
C. ANY SIDS RECEIVED AFTER THE TIME AND DATE SPECIFIED FOR THE RECEIPT
OP BIDS WILL BE RETURNED TO THE BIDDER UNOPENED if is the sole
responsibility of the Bidder to insure that his or her bid is delivered by the stated bid
opening time. Mailed bids, which are delivered after the specified hour, will not be
accepted regardless of post marked time on the envelope
D. Bids will be publicly opened on the date and time specified for the receipt of bids in
designated mom of the Lorraine H Morton Civic Center in Evanston, Illinois,
E Any Bidder may withdraw his or her bid by letter or proper identification by personally
securing his or her bid at any time prior N ire stated bid opening time No mformane
request forvelhdmwal of bids will be In,cared
F. No bids will he moetwil is the intemot
1 PREPARATION OF BIDS
The 6iddermust preparelhebrd ounce 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 once, or a "no-bid'l as the case may be, must he stated for each and every item
and most be richer typed in or written in ink,
INSTRUCTIONS TO BIDDERS
4. SIGNING OF BIDS
A. Sidswhich ar"fined fora partnershipshouid be signed in the finds namebyall partners,
or in the firm's name by Attorney -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 separate name thereon
and signature of an authorized officer of the corporation manually written below the
corporate name fdlovnng words"By: _ __-'t Title of Office held by the person signing for
corporation, which shall appear below signature of an officer
C. Bids which are signed by an individual doing business under a fictitious name should be
signed in the name of the individual'domg business as. "
D. the name of each person signing the bid shall be typed or printed below his or her
signature
S. CONSIDERATION OF BIDS
The Purchasing and Contracts Managershaii represent and act far the my ifl all matters
pertaining to this bid and the contract in conjunction therewith.
6. WITHDRAWAL OF BIDS
Bidders may withdraw or cancel their bids at anytime prior to the advertised bid opening
time. Afterthe bid opening time, no bid shall be withdrawn or canceled fora 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
]. ERRORS IN BIDS
Bidders are cautioned to verify their bids before submission. Negleenceonthepartof
the respondent in preparing the bid confers no right for withdrawal or modification of
the bid afornt has been opened In case of error in the extension of prices in the bid,
unit prices will govern
B. 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 .demandetar corn or by
contacting the office of the Purchasing and Contracts Manager.
INSTRUCTIONS TO BIDDERS
9. RESERVED RIGHTS
_
The Ditty of Evanston reserves the right at anytime and for any reason to cannel his or
her solicitation, to accept or reject any or all bids or any portion thereof, or to accept an
aitornateresponse. The City reserves the right to waive any Immaterial doted 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 do acted will be cause for
rejection
10. AWARD
It is the intent of the City 10 await a contract to the lowest responsible Bidder meeting
spedtkmclons. The City mservps the i ight to date) mine the lowest 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
appilcabie) (a) adherence to all conditions and requn aments of the hid specfications,
(b) price, (e) qualifications of the Bidder, Including past performance, financial
responsibility, general reputation, experience, service capabilities, and facilities; (d)
delivery or completion date; (a) product appearance, workmanship, finish, taste, feel,
overall quality, and results of product testing,(1) maintenance costs and warranty
provisions; and (9) repurchase or residual value.
11. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS
Bidder's shall promptly notifytho City of any ambiguity, inconsistency, orerrorthatthcy
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 speci0cations and the accompanying plans, if any, are intended to include all
nformaton 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, ba 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 specfications.
13. CONDITIONS
Bidders am advised to becomefamtbarwith all conditions, marbutions, and specifications
governing his m 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
INSTRUCTIONS TO BIDDERS
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 quantifies 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 detenoned 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 underthiscontract. The cost of all such inspection, forego, etc. sWl be
home by the contractor, and no allowance %xll be made for the failure of the contractor to
estimate correctly the difficulties attending the execution of the wore.
15. SPECIFICATIONS
Reference to brand names and numbers is meant to be descriptive, not restrictive,
unless otheiwlse specified Bids on equivalent items wrti be considered, provided the
Bidder clearly states exactly what is proposed to be furnished, including complete
specifications. Unless the Bidder specifies othenmse, it is understood the Bidder is
offering a referenced brand item as specified or is bidding as specified when no brand
Is referenced, and does not proposeto furnish an "equal." The City reservesthe right
to determine whether a subsitute 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 forbythe specifications, samples must befumished
free of expense, and if not destroyed in the evaluation process will be returned atthe
Bidders expense upon request. Request for the return of samples 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's name, invitation
number, Rem reference, manufactureYs brand name and number.
17. REGULATORY COMPLIANCE
Each Bidder represents and warrentsthat 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 respeclto design, construction,
manufacture, or use for their intended purpose of said goods or services Each Bidder
must furnish a "Material Safety Data Sheet' 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
INSTRUCTIONS TO BIDDERS
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 conllact 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 beginwlth the
date of receipt of a correct invoice or receipt or final acceptance ofgoods, whmhevona
later
20. INSPECTION
Materials or equipment purchased are subject to inspection and approval at the City's
destination The City, merives the right to reject and refuse acceptance of items which
are not in accordance with the instructions, specifications, drawings or data of Sellers
wauranty(expressorimplied). Rejected materials or equipment shall be removed by,
or at the expense of, the Seller Promptly after rejection
21. BIDS AND PLAN DEPOSITS
A. When required on the cover sheet, all bids shalt be accompanied by a bid deposit in
the amount specified. Bid deposits shall be in the form of cash, a certified check, or
cashiefs 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 buds
not accompanied by bid deposit, when isquired, will be rejected.
B Within 20 days after the bid date the City will return the bid deposits of all but fine 3
fewest qualified Bidders, whose deposit off be held unit contract award or at the
expiration of the sixty-day or mnety�day period for bid award
O The bid deposit of the successful Bidder will be retained until contract documents have
been executed and the Contractor has submitted all the required reformation. 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 wrote 10 days of the bid opening
22. DISPUTES
Any dispute concerning a question of fact an sing under this bid shall be decided by
the Purchasing and Contracts Manager, who shall Issue a written decision to the
Bidder. The decision of the Purchasing and Contracts Manager shall be final and
binding
23, CATALOGS
Each Bidder shall submd, when requested by the Purchasing and Contracts Manager,
catalogs, descriptive literature, and detailed drawings, fully detailing features, designs,
constructed, appointments, finishes and the like not covered in the speoficalions,
INSTRUCTIONS TO BIDOCRS
specifications, necessary to fully describe the material or work proposed to be furnished
24. TAXES
A, Federal Excise Tax does not apply to mahmak purchased by the City of Evanston by
virtue of Exemption Certificate No A-208762, Illinois Refa hers' Occupation Tax, Use
Tax, and Municipal Rena lers' Occupation Tax do not apply to matricide or services
purchased by the City of Evanston by virtue of Statute
B. The City of Evanston is exempt firm Illinois Sales Tax by virtue of Exemption
Identification number E9998- 1750-04,
C. The City's federal tax lD number is 36-6006870
25. PERMITS &FEES
All Bidders awarded a contract must as cure and pay for any licenses required by the
Cityof 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
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 firm
if the firm's bid is within five (5%) percent of the low bid of a non -Evanston firm.
28. POWER OF ATTORNEY i
An Attorney -In -Fact, who signs any and all of the bond or contract bonds submitted
with this bid, duet file with comb bond a certified and effectively dated copy of their
Powerof 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 mle 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 fora period of one (1) yearfrom delivery of, or the completion of
INSTRUCTIONS TO BIDDERS
completion of installation, whichever is latest, unless stated otherwise in the
specifications, and that if a defect in workmanship andlor quality of materials are
evidenced in this period, the Seiler shall remit full credit, replace, or repair at Ob's
discrebon immediately, such equipment and/or parts that are defective at noadditional
cost to the City,
C 1 he contracts, warrants to the City that each item famished hereunder, and any
componentpartthemef, wilt be nawand In confermityvis h the apeeificationsinall respects,
uniessomencee specified, and isof the best quality of its respective kind, free from faulty
workmanship, materials, or design, and Installed sufficiently to aAid any operafing
conditions specified by the City
D. The wnfractor shall repair or i apiece any item or component pad lhereoffound hunts been
conformity win this paragraph pro c ed the City notified the Seiler of such nonconformity
within one year after antral use or voting eighteen(18) months afterdelivery, whichever
oc tiefirst In the event Seller fails to proceed diligently to so replace or repair withina
reasonable time after receipt of such notice, the City may undertake or complete such
replacement or repair for Beliefs account, and the seller wit be responsible for any
additional wets Acceptance shall not relieve the seller of its responsibility
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 stale or list by reference any variations to specifications, terms
and/or courteous set forth herein with its bid.
32, INDEMNIFICATION
A The awarded Bidder/Contractor shall defend, indemnity and hold harmiessthe Oyand
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 attorneys fees, judgments m settlements, resulting from or arcing outofany
negligent or willful act or omission on the part of the Contractor or Contractors
subcontractors, employees, agents or subcontractors during the performance of this
Agreement Such Indemnification shall not be limited by reason of the enumeration of
any insurance coverage harem provided. This provision shall survive completion,
expiration, or termination of this Agreement.
B Nothing contained herein shall be careened 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
INSTRUCTIONS TO BIDDERS
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 beconstmedas
a limitation or waiver of defenses available to the City and employees and agents,
Including but not hinted to the Illinois Local Governmental and Governmental
Employees Tort Immunity Act, 745 ILCS 1011-101 at sup
C At the City Corporation Counsel's option, Contractor must defend all suits brought
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, Ifthe 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, 8201LCS 30511 at seq. or any other related law orjudicial decision,
including but not limited to, Kofecki V. Cyclops Welding Corporation, 146 III. 2d 155
Ll991). The City, however, does riot waive any limitations it may have on its liability
under the Illinois Workers 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 adding out of any act or omission,
neglect, or misconduct in the performance of its Work or its subcontractors work
Acceptance of the work by the City will not relieve the Contractor ofthe 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 ofthrs 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 recieved by Seller, asto stated items ridyet shipped
or services not yet rendered and to purchase substitute items or services elsewhere
and charge the Seller with all losses incurred The City shall be entitled to recover its
attorneys fees and expanses in any successful action by the City to enforce this
contract
INSTRUCTIONS TO BIDDERS
34. GOVERNING LAW
This contract shall be governed byand mnslrued according to the laws ofthe State of
Iturm& In the event of litigation, the venue will be Cook County, Illinois
35. EQUAL EMPLOYMENT OPPORTUNITY
A In the event of the cnntraders noncompliance win any pioAgon of the Illinois Human
Rights Ad or Section 1-12-E of the Evanston City Code, the contractor may be declared
non -responsible and therefore ineligible for future contracts or subcoribi with the Cilyof
Evanston, and the contract may be cancoiod or volded in whole or in part, and such other
sandlons 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 well not discominato against any employee of 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 wvork, and further
that It will examine all lob classifications to doter ore ifminority persons or
women are undenemzed and will lake appropriate affirmative adorn to rectify
any such under ublizatmn Contractor shall comply with all requirements of City of
Evanston Code Section 1-123.
2 That, In all solicitations or advertisements for employees placed by it or on its
behalf, it will state that all applicants wit be afforded equal opportunity without
dle rmirmalion because of race, color, religion, sex, national chain or ancestry,
3 That, if it hires additional employees in order to perform this creirad, or any portion
hereof, it wil determine that availability (in accordance with the Fair Employment
Commrsslon's Rules and Regulations for PubOc Contracts) of minorities and woman
in the areas) from which it may reasonably recruit and it will him for each job
classification for which employees are hired in such away that amenities and women
ate not underutiized.
4 That it will send to each labor organizaton or representative of workers wnih which it
has or is bound by a collective bargaining or other agreement or untlerstanding, a
notice advising such labor organization or representative of the contractors
obligations under the Illinois Fair Employment Practices Ad and the Fair
Employment Practices Gomrassion's Rules and Regulations for public Contracts If
any such labor organnaAon or representative fails or refuses to cooperate with the
cohlmctor in its efforts to comply with such Act and Rules and Regulabons, the
contectorwill promptiyso notrfythe Illinois Fair Employment Pradaces Commission
and the contracting agency and will recant employees from other address when
necessary to fulfill its obligations hereunder
INSTRUCTIONS TO BIDDERS 9
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
tnibu rs tlon as may from time to time be requested by the fair Employment Prewliess
Commission or the contracting agency, and in all respects comply with the Illinois
Fair Employment Practices Commission's Rules and reyulalions for Public Conlrecis
6 That it will permit access to all relevant books, records, accounts and work saes by
personnel of the contracting agency, the City Manager, the Comrnisswil and the
Illinois Fair Employment Practices Commission for purposes d investigation to
ascertain compliance with the Illinois Farr 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 ofsubsections(A)through
(G) ofth eclause in everyperfomrance subwremet as defined in Section 2.10(b) of
the Fair Employment Practices Commission's Rules and Regulations for Public
Contracts so that such provisionsvell be binding upon every wchsubconforsor, and
that it will also include the provisions of subsections (A), (E), (F), and (G) in every
supply subcontract as defined in Section 2.10(a) of the Fair Employment Practices
Commission's Rules and Regulations for Public Contracts so that such provisionsvdll
be binding upon every such subcontractor In the same manner as with other
Provisions ofttns contract, the corhacforwill be Gable for compliance with applicable
provisions of this clause by all its subcontractors, and further it will plumply calba he
contracting agency and the Illinois Fair Employment Practices Commission in the
event any subcontractor fails or refuses to comply therewith in addition, no
contractor will utilize any subcontractor declared by the Fair Employment Practices
Commission to be non -responsible and therefore ineligible for contracts or
subcontracts vdth the State of tlynws or any of its political subdmsrons ormurticpal
corporations.
36. MWEBE GOAL
The City of Evanston has a goal of awarding 26 % of its contracts to Minority -
Owned, WomemOwned, and Evanston -based businesses (MAVfEBES1 All Bidders
must state the proposed involvement of WW/EBEs in completing a portion of the
services required by the City by completing the attached Mari forms Any
questions regarding MAWEBE compliance should be submitted in writing to Jewell
Jackson, J.IaCksemak1bafevanaton are
with a copy to Joe McRae, JMcra CCrtvofov i p
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 provisions of
the City of Evanston's Local Employment Program Ordinance (LEP) set forth in
INSTRUCTIONS TO BI FLIERS
(LEP) set forth In Section 1-17-1 (C) of the Evanston City Code. The intent of the
LEP as to have Evanston residents employed at the construction site as laborers,
appirwa ces and iouineymen in such trades as electrical, HVAC, carpenters,
mosairS cancree, finishers, truck drivers and other Construction occupations
necessary for the project. Any questions regarding LEP compliance should be
submitted in writing to Jewell Jackson, JJa<ksen ac tvofevans-to. Ord
with a copy to Joe McRae, JIMrraefnlrnvnfevanetgn erg
38. COORDINATION OF EXISTING SITE WITH DRAWINGS
A Before submitting a bid, bidders Shall carefully examine the drawings and
specifca6gns, 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 Pu¢hasmg and Contracts Manager, who voll Issue necessary mssucteasto
all bidders in the form of an addendum
39. AFFIRMATIVE ACTION IN SUB -CONTRACTING (EXCERPT FROM RESOLUTION
59-R-73)
-Contractor agrees that he shall actively Solicit bids for the subcontracting of goods or
services from qualified minority businesses At the request of the City, Contractor shall
furnish evidence of his compliance with tiro relfiddsnant of mnsority solicitation
Contractor human agrees to Consider the grant of subcontracts to said minority bidders
on the basis of substantially equal bids in the light most favorable to said mmonty
businesses. Contractor further affimrs that in obtaining his performance and bid hones,
he well seek out and use companies who have rerords of, and/or who wall make
commitments to, the bonding of minority Contractors on a rate basis comparable se their
bonding ofstmilar non-mmo6ry, contractors The contractor maybe requiredto submit
this evidence as part of the bad or subsequent to it."
40. COMPLIANCE WITH LAWS
A The bidder shall at all tames observe and Comply wth all laws, ordinances and regulations
of the Federal, State, Local and City Governments, which may m any manner affect the
preparation of bads or the performance of the Contract
41. QUALIFICATION OF BIDDERS
A. Ali bidders must be qualified in accordance with the instructions, procedures and
methods set forth m this specification,
B. In awarding contract, City may take Into consideration, skill, facilities, capacity,
experience, ability, rous011 tbrirty, previous work, firrancia7 standing ofbidder, amount
of work being car ned on by bidder, quality and efficiency of construction equipment
proposed to be furnished, period of time within which proposed equipment is furnished
INSTRUCTIONS TO BIDDERS
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 minoiityfirm
will determine the eligibility of the contractor to bid.
42. COMPETENCY OF BIDDER
A. No bid will be accepted from or contract awarded to any person, firm or corporation
that is in arrears aria 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
faded 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 and Contracts 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.
43, PREFERENCE TO CITIZENS
The Contractor shall abide by the Illinois Preference Act, 30 ILCS 570 at seq.,
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 and
Illinois Department of Natural Resources
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS
1. BASIS OF AWARD
The City of Evanston reserves the right to award a contract to a responsive and
responsible Bidders) who submits the lowest total bid, orto reject any or all bids
and bidding, when in mopinion 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 - Unit Price Bid
1 The Bidder is to submit a unit pose bid for each bid line on the Bid Form
which mcludes all costs incidental to performing the specified work.
2 It is understood and agreed that the unit quantities given In the supporting
pages arc 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,
1 Unit prices given in the supporting pages shall be used bythe Ovinerand the
Contractor for any subsequent changes in the conbact
4 The quantities provided in the bid documents are approximate only and are
subject to increase or decrease. Actual compensation to the CONTRACTOR
shall be based upon the ao,uai quantifies multiplied by the unit prices bid for each
item. The unit prices submitted herewith are for the purpose of obtaining a gross
sum, and for use In computing the value of additions and deductions and for the
propose of determining flip lowest BIDDER. Should there be a discrepancy
between the gross sum bid and that bid resulting from summation of quantities
mulfipfied by their respective unit prices, the latter shall apply
GENERAL CONDITIONS
3. QUANTITIES
Any quantities shown on the Bid Form are estimated only forbid canvassing purposes,
the City has made a good faith effort to estimate the quantity requirements for the
Coutractterm. The City reserves the right to increase or decrease quantities ordered
under this contract
4. CONTRACTTERM
Bidder must fully complete the work within the period spudded herein after award of
the Contract by the City
5. PURCHASE ORDERICONTRACT
A. Upon approval of the required bonds and insurance documents, the City sail Issue a
Purchase Order to the Contractor for the contract amount All Applications for Payment
must reference the Purchase Order number.
B When it is necessary to issue a Change Order that mereaee edecreases the contract
amount, a Charge Omearforrn will be lsau rd and modified Purchase Order said belssued
refiecling the revised contract amount
C, When It is necessary to later, a Change Orderthatonty in.xeases/tlecreases the corRrect
period, only a Change Order form wil be Issued establishing the revised contract period,
D Upon Award the contractor shall execute the Contractor Services Agreement,
6. PAYMENT
A. Progress payments will be made in accordance win "Applications for Payment" and
"Project Closeout' sections of the specifications, less a 10 % readnage for each 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 Citye representative.
B. All payments will be made In accordance with l/Imars 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 m
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
compteted in accordencewith the contractdocumarfe, The Crry may not caddy payment
due to any contractor negligence or contract non-compliance.
a Detective work not remedied
b Third party cfarms filed or reasonable emdenee indkabng probable fling of such
dawns
c Failure of Contractor to make payments property to Subcontractors for taker,
GENERAL CONDITIONS o
mahmalsorequipment
d. Reasonable evidence that the work cannot be completed forthe 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 Contact
period and that the unpaid balance would not be adequate to cover actual or
liquidated damages for the anticipated delay
g Persistent failure to carryoutwork in accordance with the Contract Documents
8. CHANGES IN WORK
A The City reserves the night 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 ongmal contract, except
that any dorm for extension of time caused thereby shall be adjusted at the time of
ordering such change
E No change shall be made unlessa written Charge Order and/or modified Purchase
Order Is Issued by the City stating that the City has authorized the change, and no
claim few an addition to the contract shall be valid unless so ordered
C If such changes diminish the quantity of work to be done they shall not constitute a
claim for damage or anticipated ptofilsOn the work, such increase shall be paid inone
or more of the following ways
1 by estimate and acceptance in lump sum
2 by unit prices named in the contract's bid form or Subsequently agreed upon
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 Citydeembill expedient to correct wark 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 tights to termination, to terminate fire
contracts in accordance with all provisions of the executed contract.
11, LIENS
A. Neither the Orval payment nor any pare of any retained pernow cs, shall become due crel the
eaucactoq ff required, dellvers to the City, a rornplew release of all liens Susie out of
GENERAL CONDITIONS 3
casing out of mrs contrast, or receipts in full in Iraq thereof and, if required in either case,
an afiidavitthatso far as it has knowledge or infomotion the releases and receipts include
all the labor and material for which a lien could be filed. If any ben remains unsatisfied
after all payments are made the contractor shall refund to the City all moneys thatthe lager
May be compelled to pay in discharging such a lien, Including all costs and aftomegs fees.
12. SEPARATE CONTRACTS
A The City reserves the night to let other mntraQs 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 execNwn or results upon the were of any other contractor, the contractor shall
inspect and promPOy report to the City anydelects msuch work flat randerrt unsuitable for
such proper execution and results. His or her failure to so inspect and report shall
constitute an acceptance of other contraeors work as fit and proper.
B. 'ro insure the proper execution of his or her subsequent work, the contractor shall measure
work already is place and shall at a. report to the City arty dics spaM, between the
executed work and the dessings which will affect his or her work.
S. 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 line protection oftbe construction materials, adjacentpropertyandthepubhc
B The contractor shall contact all ubbties which wll be affected by its operations and notify
the owners of the realities PHIS operations and their limits within forty-eight (48) hours prior
to begmnmg 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 rts 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 shell be solely responsible for the condition of such work and materials.
14. MATERIAL STORAGE
A. On -site areas maybe designated for material/egaiproppostorage. The contractorwill
assume all risk and liability associated with the storage of materlaVegmpment at on -
site locations.
15. CLEANING UP
A. The contractor shall at all times keep the premises free from accumulaUon of waste
GENERAL CONDITIONS
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 chance the cost to the contractor,
B Contractor recognizes that proper cleanup and removal of construction debris is an
important safety mnederalron. 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 foridenfifying and
removing at its expense all hazardous material and waste which it uses and generates.
16;RESTORATION OF SITE
A Prbt fix final payment, contractor shall fully restore all propady disfiil or damaged
during the course of this work This Includes, but is not limited m public property, (walks,
Wrbs, roadways, frees, etc.) private property, and utillhes. This shall also include removal
of temporary facilities erected during the course of this contract ant restoration of these
areas,
B. All lesfolation work shall as subject fo that
mating of the City and shall restore fhe
property N a condition at least equal to that existing pdoY f0 the start of this contract,
C Aftrestoralfon work of property damaged by contractor shelf be accomplished at the sole
expense of the contrador.
1]. PREVAILING WAGE
A PrespeWve Bidders shall thoroughly famlliadze themselves with the provisions of the
above -mentioned Act and shall prepare any and all bltlslbids in slndcomptiance therewith
B All contractors antl subcnntracters on public works projects must submit rertified
pavmflson a monthlybasisto th0 Clty, alongvrilh a statement afflmrmg that such records
ate two 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 Gass B misdemeanor
C, The cedificd payroll record must include for everyworker employed on the publicwmrks
project fhe name, adtlress, telephone number, social security number, job classiflcationI
im4yeages paid in each Aayporiod, narrower hooreworked mach day, and starling and
ending time of work each day These codified payroll records are considered public.
cords and public bodies must make these records available to the public under the
Freedom of Information Ad, troth the exception of the employee's address, tcvW.pho e,
umberand social securitynumber Any contractor who fails to Submit cerMed permit or
knovengly files a false c nified payroll is guilty of a Class B misdemeanor,
GENERAL CONDITIONS
misdemeanor
D. All procurement expressly incorporates via reference the amendments to the Prevailing
Wage Act as made by PA 97-0571 and all contractors must abide by them,
E As a cendition of receiving payment. Contractor must p) be in compliance with the
Agreement, hi) pay its employees prevailing wages when required by law (Examples of
inewshng 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
217-782-6206; hie dwww state it u<10cnadment/IndoxMTM to ensure compliance with
prevailing wage requirements), hii) pay its suppliers and subcontractors according to the
terms of their respective contracts, and (iv) provide ben waivers to the City upon request
18. CONTRACTOR REQUIREMENTS
A. The Contractor shall abide by and comply wrath all local, State and federal laws and
regulations relating to contracts involving publicfundsand the development/consrtucamn
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 placeatthe project lark site,
* The Contractor Guar it has not been based from being awarded a contract uwthaurref
State or local government as a result of bid rigging or bid rotating or any similar offense
(7201LCS 5/33 E-3, E-4).
C The Coneactorcenifies, pursuanttothe Illinois Human Rights Act(7751LCS 52405),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 ofsexual harassment
under State law, (3) a description of sexual harassment utilizing examples, (4) the
Contractor's internal complaint process including penalties, (5) legal recourse,
Investigation and comealnt 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 oPhe Illinois Human Rights Act
D The Contractor shall abide by the"Illinois Preference Actwhich 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 uneo ploynner figures, the Contractor shall employ
only Illinois laborers unless otherwise exempted as so staled in the Act. ('Ilbnoa laborer'
means any pecan Me has resided in Illinois for at least 30 days and iatendsm becemeor
remain an Illinois resident) Other laborers may be used IF Illinois laborers are not
avallable or are incapable of performing the particular type ofmrkinvolved ifso certfed
GENERAL CONDITIONS
performing The particular type of work involved if se, cefi ed by the Contractor and
approved by the project engineer and Illinois Department of Natural Resources.
19. SUBCONTRACTORS
A. The to, Of Subnontracif'rneans any agreement, in tanglement or understand ing, wntien
or otherwise between a Conti actor and any pet son (in which the parade 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 anangemenis,
which, in whole or in part, is utilized in the performance of any one or more Contracts
under which any portion of the Contractors obligation under any 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 Subcontract under this contract must be acceptable to the City
Approval for the proposed Subcontract Award cannot be given by the City until the
proposed Subcontractor has submitted ovidance showing that it has fully compiled with
any reporting requirements to which It Is, or was, subject
C. The contrader,shall, within ten(10) days after award ofthe Contract, submit W the City
in writing, names and addresses and respective amounts of money for proposed
contmciswith Subcontractors/major suppliers. The City will review and may direct the,
Contractor that they shall not employ any that arc not acceptable as provided above
D The subsentmctor shall abide by and comply with all local, State and federal laws and
regulations relating to contracts involving public funds and the
development/conctruction of public works, buildings, or facilities
20. PAYMENTS TO SUBCONTRACTORS
A. Within seven days after the receipt of amounts paid bythe City forwnrk performed by
a subcontractor under this contract, the Contractor shall elihec
1 Pay the Subcontractor for the proportionate share ofthe total payment received
from the City attributable to the work performed by the Subcontractor under this
contract, or,
2 Notify the City and Subcontractor, in writing, of his intention to withhold all or a
part of the Subcontractors payment and the reason for non-payment
B. The Contractor shall pay interest to the Subcontractor on all amounts owed that
remain unpaid beyond the seven day peried except for amounts withheld as allowed in
item 2 above
C Unless stuccoed provided under the terms alibis contract, interest shall accrue atthe
rate of one percent per month
GENERAL CONDITIONS
D. The Contractor shall include in each of Its subcontracts a provision requiring each
Subcontractor to include in otherwise be subject to the same payment and interest
requirements as set forth above with respect to each lower -tier subcontractor.
E The Contractors obligation to pay an interest charge to a Subcontractor 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 spen,rwations herein, the successful Bidder or Bidders shall,
within ten (10) calendardays after acceptance of the Bidder's bid bythe City, furnish a
performance bond in the full amount of the contract from insurance companies having
not less than A+Policyholders Rating from the most recent Alfred M. Best and Cc , Inc.
listing available, Certification ofthe 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 lesporennihty to notify the Cry, and provide a new bond from an
insurance company whose rating meets the City's requirements.
B. When required by the specifications harem, the successful Bitltler or Bidders shall
submit Onto the bid a bid bond. A letter of credit my be furnished m goer of a bid bond
only If the foliowinq conditions are met: 1) An irrevocable letter of credit must be
obtained from an accredited bank wMch shall include an agreement that the bank well
honera demand by the City for payment due to Plaira t fa@ure 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, d) The lega rofcrede must be for the
percentage specified m the bid documents.
C. The Cny may rejeC(me use of an ineecablefetter of credit 9 the financial soundness
of the issuing bank is found to be unarceptabie.
D In the event that the Bidder fails to fin rush a performance bond in said period of ten
(10) calendar days after acceptance of the Bidder's bid by the City, the City may
unthdraw 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 forwhrch there is a contract with the Cltyof
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,
GENERAL CONDITIONS
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 attorneys
fees, judgments or settlements, resulting from or arising out of any negligent or willful
act or omission on the part of the Contractor or Connectots subcontractors,
employees, agents or subcontractors doing the performance of this Agreement. Such
indemnification shall not be limited by mason 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 roasting the City, or its officers,
agents, or employeet. 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 seats, fees, and expenses incurred in the
defense of any such claims, actions, or suits. Nothing heroin shall be construed as a
limitation or waiver of defenses available to the Cry and employees and agents,
including but not limited to the Illinois Local Governmental and Governmental
Employees Tort Immunity Act, 745 ILCS 1all -101 of sag
C. At the City perforation Counsel's opton, Contractor must defend all suits brought
upon all such Losses and must pay all costs and expenses incidental to them, but the
City has the night, at its option, to participate, at its own cost, in the defense of any suit,
without rebeNag Contractor of any of its obligations under Ibis Agreement. Any
settlement of any claim or suit related to this Project by Contractor must be made only
with the poor written consent of the City Corporation Counsel, ifthe 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 ro any sums due under any Losses,
including any claim by any employee of Conti actor that may be subject to the Illinois
Workers Compensation Act, 82011-CS 30511 at seq. or any other related law or
judicial decision, including but not limited to, Kotecki v Cyclops Welding
Corporation, 1461H. 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 tuner statute
E. The Contractorshall be responsible for any losses and costs to repair onemely work
performed under this Agreement resulting from or arising not of any actor omission,
neglect, or misconduct in the performance of its Work or its subcontractors 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 themfl am
GENEI'.AL CONDITIONS
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 subcontractor to commence work coal all similar insurance required of the
subcontractor has been so obtained.
B, The City of Evanston shall be named as an additional insured on the policy of the
contractor forwhatever 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 lithe 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 shad p+romplly furnish the City With copes of all reports of such mt drads
E. The Wedeactor shall blamed one (1) copy & a ceubcals, with the City named as an
additional insured, showing the following minimum coverage with insurance company
acceptable to the City,
24. PR&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 must commence work wJhm 10 days of notice from the City and the
work must be completed by working days in contract In the event the work is not
completed within working days, then in addition to any remedies available to the City.
lee Contractor will pay the amount specified in contract to the City per day for each
calendar days, until substantial completion of the work has been achieved. this
payment is for ligmdated'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 ser.
off against any moneys that may be due the contractor,
B. Substantial Completion shall be defined as the stage In the progress of the work
when the work or designated portion thereof is sufficiently complete m 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, to be issued by the City's representative, when
the Contractor has satisfied the above statement and billed the City for a m smum of
00%of the total value of the work.
GENERAL CONDITIONS
26, EXTENSION OF TIME
A. Delays due to causes beyond the conbol oflhe dontractorotherthan such asreasonabte
wsuld be oxpected to oceurin connection oath orduringthe performaneeof the work, may
entitlo the contradict to an extension of time for completing the work sufficient to
compensate for such delay. No eMepsion of Line 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 he expiration of a m delay, Imply
the City in writing of the extension of tone claimed on account thereof and then only to the
extent, if any, allowed by die City
27. DEFAULT
A. The City may, subject to the provisions of this section, by writen notice of default to
Contractor, terminate the Ifte, or any past of this contract rn anyone of the following
circumstances:
1. fthe Contractor fails to perform the services wrlhin the time specified he+arn, orany
extension thereof, or
2, ifthe contractor fails to perform any of Me other provisions ofthis contract, or sn falls
to make progress as to endanger performance ofthis contract in accordance who
its terms, and in either of these two circumstances does not cure failure within a
pet od of 10 days (at such other extended period as the City may authorize. in
writing) after receipt of notice from the City specifying such tadure
S. In the event the City terminates this contract in whole or in part as provided in (his
suction, 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 Conti actor
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 duo 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 conlractorshall stripe his apparame, fee deageoforecasts and the operations of
his workers, to limits indicated by law, ordinances, permits or directions of the City
GENERAL CONDITIONS
29. DISCLOSURES AND POTENTIAL CONFLICTS OF INTEREST (301LCS 500(50-
35)
A. The City of Evanston's Code of Ethics prohibits public officials or employees from
inflaming or Participating in an official act or action with regard to a transaction in
which he has or knows he wdl thereafter acquire an interest for profit, without full
roubiiedomi0sureofeuch interest This disclosure requirement extendsm 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 investtgate whether a potential or actual
conflict of interest exists between the bidder and the City of Evanston, its officials,
earlier employees If the Scher discovers a potential or actual con@ct 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 confllle of interest does NOT, on its own, disqualify the
disclosing Bidder from consideration. Information provided by Bidders in this
regard WJI allow the City of Evanston to take appropriate measures 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 end/or refer the matter b the appropriate
authorities for investigation and prosecution
GENERAL CONDITIONS 12
TYPE OF INSURANCE
Commercial General Liability including
t
Comprehensive form
2.
Premises -Operations
3
Explosion& Collapse Hazard
A.
Underground Hazard
5.
Products/Completed Operations
Hazard
6
Contractual Insurance. -- With
an endorsement on the
face of the certificate
that It includes the
"Indemnity"paragraph
of the specifications.
1.
Broad Form Property Damage -
conshuction projects only
8
independent recitations
9
Personal Injury
Automobile Liability
Owned, Non -owned or Rented
Workmen's Compensation
and Occupational Diseases
As required by applicable laws
Employers Liability
MINIMUM INSURANCE COVERAGE
Bodily Injury and
Consequent Death Property Damage
Each Occurrence Aoarenate
$3,000,000 $3,000,000
Insurance Certificate Must State:
The City Of Evanston is Named
as Additional Insured
$ 1,000,000 $1,000.000
Thirty day notice of cancellation required ou all certificates,
$ 600,000
INSURANCE REOUlERMENTS
CITY OF EVANSTON SPECIFICATION FOR
MINORITY, WOMEN & EVANSTON BUSINESS
ENTERPRISE PARTICIPATION
1. POLICY
It isthe policy of the City of Evanston to provide contracting and subcontracting opportumhesto
Mmodty Business Enterprises (MBEs), Woman Business Enterprises (WBEs) and Evanston
Businesses Enterprises (EBEs) In complying with this goal, Bidders are strongly encouraged
to take affirmative steps to assure that MBEs. WBEs, and EBEs are utilized in all City of
Ewdefonconlracts. MSM{ngorexceedingan MNd/EBEpartiopaliongoaldoesnotguarantee
contract participation.
B The City of Evanston has established a goal of awarding not less than 25 oof its
cogtract awards to Minority, Women and Evanston owned businesses The City
of Evanston has established a minimum 3% utilization of EBEs in is contract
awards.
C. Documentation required for M/W/EBE goal compliance, including requests for
waivers, must be submitteal with the bid or RFP. the City of Evanston shall Trot
accept any bid or RFP without the required documentation Failure to submit he
required documentation wit cause the bid or RFP to be rejected as non-
responsive
I. MBE, WBE and BBE Participation and Credit
A. A list of EBEs is available at wow cityofevanston,orglbusiness/business-
resources. The City of Evanston, however, makes no representation as to the
capabilities of any EBEs
Bidders should also consult the Assist Agencies identified in Exhibit 11 regarding
lists of certified MBEs and WBEs located within the State of Illinois pentagram
Bidders should consult the directories of the State of Illinois, Cook County and
the City of Chicago for caddied MBEs and WBEs. Please note that the City of
Evanston recognizes MBE and WBE certifications by units ofgovernment located
in the Slate of Illinois and units of government outside of the State of Illinois
approved by the Cry Manager or a designee
To be eligible for participation and credit, all MBEs. WBEs and FEES must
complete and submit the following attached documents:
1 the Affidavit Of M/W/EBE Goal implementation Plan with required
applicable certifications.
2 The Letter Of Intent From MAV/EBE To Perform
3 The Schedule Of Additional MAW/ESE Subcontractors.
MAAUEBE SPECIFICATIONS
4. The AffidavitofJmnt Venture if needed.
B. An MBE's, W BE's and EBE's participation will be credlted at 100 % if used as
1. A prime contractor.
2 A joint venture partner with at least 26%Interest
3. A subcontractor using Its own resources
4. An equipment lessor.
C Material purchases from an MBE, WBE and/or ESE supplier, fabricator or
I nanufacturer will be credited as follows.
1 60%of the, subcontract value for materiaw from an MBE, WBE and FEE
supplier that regularly deals the product in the normal course of business
2 100 %from an MBE, WEE and/or ESE manufacturer.
3 100%from an MBE, WBE and/or ESE fabricator, or from an MBE, WBE
and/or ESE supplier that substantially alters or changes the material
before resale to a oonhactor
D. Services such as surveying, site clean up and security will be credited at 100 %
E. Other expenditures made to MBEs, WBE, and EBEs such as construction
management are subject to City approval In so far as they are allowable credits
for participation in the or eject.
PRE -CONTRACT AWARD OBLIGATIONS
Every Bidder/proposer should contact the Assist Agencies listed In Exhibit 11 oranyunit
of government located in the State of Illinois that teddies MBEs and AIDES to locate
cedifed MBEsand WBEc Any Bidder/proposer seeking a waiver and/or reduction of
the MANIESE participation goal must contact the City Manager or designee
IV. PRE -CONTRACT AWARD EVALUATION OF MBEMrBEESE
UTILIZATION
1. To demonstrate compliance with the City of Evanstons MBE/WBEESE utilization
goal, Bidders shall pmvidc the following items with their bid
MAN/EBE SPECIFICATIONS 2
2 Bidders must submit a completed, signed and notanzed affidavdentibedthe Affidavd
Of MJVWEBE Goal Implementation Plan. This affidavit affirms the Bidder's intention
to utilize MBEs, WBEs and EBEs In accordance with the policy goals outlined
herein. This document also includes. declaration regarding the Prime contractors
lack of controlling interest in the MAN/EBE firm. This affidavit will also reference
additional subcontractors, which are set forth m the Schedule ofAdddional MNWEBE
Subcontractors
3 Completed and signed Letter Of Intent from MAW/EBE to Perform as a
Subcontractor, Supplier, And/Or Consultant and Affirmation of MIWAEBE Status This
form must be submitted for each firm listed on Schedule A and should be signed by
the MBE or WBE or EBE The Information on the Letter Of Intent must match the
information on the Affidavit Of MIWAEBE Goal Implementation Plan.
4. Affidavit Of Joint Venture (MBE/WBE)EBE) roust be submitted for a joint venture
betweenan MBEor WBEor EBEandarwn MBE/WBE/ESE ThisformneadnWbe
submitted if all joint venturers are MBEs, WBEs ampor ESEs. In such a case, a
written joint venture agreement between the MBE, WBE and EBE partners roust be
sw'm4ted In all proposed Joint ventures, each MBE, WBE andlor ESE padner must
submit a copy of their current Certification Letter.
OR BIDDERS/PROPOSERS MAY SUBMI"I"
5 A completed MWW/EBE Participation Waiver Request, referenced in Section V
herein below
THE CITY OF EVANSTON SHALL NOT ACCEPT ANY BID OR RFP W I"FHOUTTHE
DOCUMENTATION OUTLINED IN ITEMS A.1 THROUGH A.4,
OR, IN THE ALTERNATIVE, AN MAW/EBE PARTICIPATION WAIVER REQUEST
MAY BE SUBMITTED.
FAILURE'rO SUBMIT THE REQUIRED DOCUMENTATION WILL CAUSE THE BID
OR REP TO BE REJECTED AS NON -RESPONSIVE,
V. WAIVER REQUIREMENTS
A. Procedurefor Waiver Atha Bidder/proposer determines it is unable to meet the
goals outlined herein regarding MBENWBEEESC padicipaton, the Bidder must
seek a Waiver or modification of the utilization percentage by submitting an
MAN/ESE Participation Waiver Request The City of Evanston, in As sole
discretion, shall determine whetherthe request for the reduction orwaiverwtll be
granted.
M/W/EBE SPECIFICATIONS
B. Procedure for Bids. Once the bids have been opened, the lowest responsive and
responsible Bidder, upon request from the City, has 10 calendar days to submit
supporting documentation for the waiver request to the City Manager or a
designee The Bidders failure to provide sufficient documentation to support the
waiver or modification request will cause the bid/proposal to be found non-
responsive by the City and the bid will be rejected
C Procedure for Proposers responding to Requests for Proposals (RFPs).
Proposers responding to Requests for Proposals (RFPs) for who have been
oushifld as a short listed candidate and/or a prospective awardee will be given
10 calendar days to submit to the City Manager or a designee complete
documentation that adequately addresses the conditions for waiver described
herein
D. Procedure for Respondents to Request for Information (RFq)and/or Request to,
Qualifications (RFOs). Proposers responding to a Request or who have been
identife l oaths most responsive and responsible will be given 10 calendardays
to submit to the City Manager or a designee complete documentation that
adequately addresses the conditions for waiver described herein during
negotiations.
E Failureto submit documentation deemed sufficient to support the waiver request
will cause the bid/propocal to be rejected as being non-responsvo In such
cases, the remediesto be taken bythe City, in its discretion, may include but not
be limited to, forfeiture of bid deposit, negotiating with the next lowest
Bidder/proposer, or re�advemsinq the bid/proposal
F. All Bidders/proposers are strongly encouraged to submit all required supporting
documents at the time of bid opening to expedite the contract award
G For the MBEANBE/EBE waiver or modification request to receive consideration,
the following information must be submitted within the time frames noted above
1 A narrative describing the BiddesProposers efforts to secure Minority,
Women and Evanston Business Enterprise Participation pnor to bid
opening.
2 A detailed statement of efforts to identify and select portions of wall
identified In the bid sobrntation for subcontracting to certified MAW/EBB
firma.
WW/EBE SPECIFICATIONS
3. Names (of owners), addresses, telephone numbers, date and time of
contact and method of contact of qualified Minority, Women and Evanston
owned businesses which were contacted by the contractor. Copies of
letters or any other evidence of mailing or electronic mailing to such firms
shall be submitted.
4. Every waiver and/or reduction request must include written evidence that
the Beldenmoposer contacted at least (3) three of the Assist Agencies
identified in Exhibit 1 Ito these specifications- Proof of such notification
and contact prior to bid submittal (e.g. certified mail receipt or facsimile
transmittal receipt) will be required to be submitted in order to be deemed
responsive on the date of bid opening. The City reserves the right to
contact the Assist Agency (!as) for verification of notification
VI. POST -CONTRACT AWARD COMPLIANCE
A Within 15 calendar days after the Notice to Proceed has been issued to the
Contractor, copies of subcontracts between the MBE, W BE ESE and the arms
contractor must be subra ted to the City Manager or a designed.
B The Contractor shall ublizo the MDBe, WBEs, and EBEs submitted voth the bid to
provide the work, matedals and/ursdrvicres indicated, unless said Sol cannot
provide the work, materials and/or services
7. In a emery manner for completion of the work in accordance with the
project schedule;
_. To the standards of quality set forth In the Contract documents, and/or;
3. For the price originally quoted to the Contractor in preparing the Bid.
OR
4. Because of substantial changes (approved by the City of Evanston)in the
scope of work that will materially reduce or eliminate the scheduled work
for the fans listed on the Schedule A, MIW/EBE Ublizatme Plan
5 A monthly MWIEBE Partmrpadon Summary is required for projects that
Wit exceed three months duration The summary shall state in the upper
right corner, the report number, the name of the general contractor, the
Protect name and total cost The report format, by columniation, should
donne prime contractors, then trades and the dollar amount of each
executed contract. Further, MA4i7EBE subcontractors shall be listed In
conjunction with their primes, the dollar amount awarded for each
MIWIEBE SPECIFICABONS
dollar amount awarded for each executed contract and the MIW/EBE
percentage The dollar amount awarded to each classification, re,
MBEWBPJESE should be itemized at the bottom of the Summary then
aggregated to reflect the total dollar amount and percentage of MW EBE
participation (see MIWIEBF_ Partrdpabon Summary),
Any and all proposed changesto the Schedule A, MIW/ESE Uilyzatlon Plan must
be promptly reported to the Gity. Appropriate corresponding documentation must
cleady explain the reasons for the change in accordance with the circumstances
outlined In items VI, Bt to VL B4 noted above The explanation must set forth
with particularly the Contrartor s efforts to prevent any project -related delays or
problems
The docurmniatron shall also include information on any proposed substitutions
and a plan demonstrating how the Contractor intends to most the City of
Evanston's MdVJEBE goal.
The documentation will be reviewed for Its acceptability and the Cir vdll outline
any necessary corrective actions to be, taken The City of Evanston s decision
regarding the Contractor's request for a charge, acceptability of proposed
corrective actions to be taken shall be fmaL
G Ail payment requests made to the City of Evanston must include a cumulative
MIW/ESE Utilization Report on a monthly basis that toll be forwarded to the City
Manager or a designee. The reports must demonstrate compliance with the
commitments or include an explanation as to when and howoompl ance will be
achieved The City may request additional information that demonstrates
compliance including, but not limited to waivers of lien, invoices and delivery,
tickets Failure to submit the requested informaidowfii resuftmtheappropnate
sanctions
VII. NONCOMPLIANCE
Compliance with the MBE, WBE and ESE policy goal is scrammed at three stages:
initial, interim, and final Initial compliance includes the commitment to utilize the
scheduled firms by including the required documentation at the time afflict submission
Interim compliance mcludesme utilization ofthese firms drink the course of theproied
as verdant with on site visits, monthly utilization neports, partial waivers of lien, etc.
Final compliance is based upon the final amounts paid to the scheduled MBE, WBE
and/or ESE as determined by all partial and/or final waivers of lien and/or cancelled
checks, or other documentation as requested by the City and provided bythe Contractor
to indicate the scheduled firms) were utilized and compensated accordingly
The City of Evanston maintains the right to review the books, records and files relative
MIWIF_BE SPECIFICATIONS
relative to MBE, WEE and ESE utilization on this contract and the Contractor agrees to
promptly and fully comply with any and all such requosls.
Any questions regarding MBE, W BE and EBE compliance ale to be directed to the City
Manager or a designee. Assistance with identifying M/W/EBE capabilities for
construction trades, architects, engineers, landscaping, etc., can be directed to, but not
limited to, the Assist Agencies set forth in Exhibit 11.
Following are the Evanston City Code Sections which define MBE, W BE, ESE, and LEP.
Projects applicable to the LEP will be noted in the solicitation to bid and the pre -bid
meeting.
EVANSTON CITY CODE
TITLE 1, CHAPTER 17, SECTION 1
1-174: PURCHASES OF GOODS OR SERVICES.
(A) All contracts for the purchase of goods or services costing in excess of twenty thousand
dollars ($20,000.00) to be utilized in the conduct of the affairs of the city, shall be let by the
city manager or his or her designee, with the approval of the city council, to a reliable,
responsible and acceptable Bidder, after advertising for the same, and bonds to be
approved by the city council may be taken for the faithful performance thereof The city
manager, or his or her designee, may reject all bids and shall subsequently advise the city
council of his or her action or, with the approval of the city council, may award the contract
to a Bidder other then the lowest Bidder if it should be determined that such action would be
in the best interest of the city. Any such contract may also be entered into by the proper
officers without advertising for bids upon the authorization of the city Council by a vote of
two-thirds (2/3) of all aldermen then holding office. Notwithstanding the above, the city
manager or his or her designee shall have the authority to make purchases in excess of
twenty thousand dollars ($20,00000) without poor council approval when there is an
imminent threat to the property of the city or its citizens or the health and welfare of its
citizens; or when there is a substantial economic benefit to the city not otherwise
obtainable, providing, however, that a report of said purchase shall be promptly made to the
city council. Ail other contracts for the provision of goods or services to be utilized in the
conduct of the affairs of the city shall be let by the city manager or his or her designee to a
reliable, responsible person, firm or agency without the necessity of advertising for bids, or
of obtaining prior city council approval Bonds maybe taken for faithful performance of such
Contracts. This provision shall not apply to contracts for work, material or supplies to be
paid in whole or in pad by special assessment
(B)All contracts for the purchase of goods or services with entirelycity funds shall be awarded
to the lowest quotelbid price or lowest evaluated quotelmd price from a responsive and
responsible Evanston business enterprise ("ESE") provided the EBEs quotefoid pace does
M/W/EBE SPECIFICATIONS
quotalbid price does not surpass the lowest quotelbid price or lowest evaluated quote/bid
price from a responsive and responsible nontocal business by more than five percent (5%)
All contracts let from requests for proposals (RFD's) and requests for qualifications(RFO's)
With entirely city funds shall be awarded to the most qualified consultant that is an ESE,
provided the ESE price/cost does not surpass the lowest price/cost or lowest evaluated
price/cost from a nontocal business by snore than five percent IS%).
1. An "EBE" shall mean an entity which is located in or has one or more offices located in
the city for a minimum of one year and which Farrar ins a "commercially useful function'
A, An ESE performs a commercially useful function when it is responsiblefor
execution of the work of the contract and is carrying out its responsibilities by
actually performing, managing, and supervising the work involved To perform
a commercially useful function, the ESE must also be responsible, with
respect to materials and supplies used on the contract, for negotiating price,
determining quality and quantity, ordering the material, and installing (where
applicable) and paying for the material Itself. To determine whether an ESE is
performing a commercially useful function, file city will evaluate the amount of
work subcontracted, industry practices, whether the amount the firm is to be
paid under the contract is commensurate with the wok it is actually
pardoning and the ESE credit claimed for its performance of the work and
other relevant factors
b An ESE does not perform a commercially, useful existed if its role is limited to
that of an extra participant In a transaction, contact, or project through which
funds are passed in order to obtain the appearance of ESE partidpation In
determining whether an ESE is such an extra participant, the city volt examine
similar transactions, particularly those in which EBEs do not participate
c if an ESE doea not perform or exercise responsibility for at least thirty percent
(30%) of the total cost of its contract with its own work force, or the EBE
subcontracts a greater portion of the work of a contract than Avoid be
expected on it is basis of commit i duslry practice for the type of work
involved, than it is not performing a commercially useful function
d. When an ESE is presumed not to be performing a commercially useful function
as provided in subsection (B)lc of this section, the ESE may present evidence to
rebut this presumption. The ply may determine that the firm is perforrtung a
commercially useful function given the type of work involved and normal industry
practices.
2. In determining whether a business has been located in Evanston for one year, the
MW EBE committee will consider the following:
MIW/EBE SPECIFICATIONS
a. Whether the vendor pays property and/or sales taxes in Evanston, and
b. Whether the business entity's address or the address given on the federal and/or
state income tax return is within Evanston
c The data of issuance of an Evanston business license.
The city may waive the one year requirement if the entity provides evidence of a substantial
commitment to Evanston.
3, Businesses that maintain a distribution Warehouse or which manufacture in Evanston
will receive EBE credit of array percent (60%) and one hundred percent (100%),
respectively Those that do not maintain a diahbutma warehouse or manufacturing
operation but have an office in Evanston will be considered a broker and receive a five
percent (69%) credit
4, Eligibility as an EBE will be periodically reviewed and may, be revoked at any time if the
entity no longer meets the above requirements.
(C) Local Employment Program
t, DefinitionsFor the purposes of this subsection (C), the local employment program, the
following terms shall be defined as follows:
CONTRACT: The written agreement to provide services established between the city and
a contractor, including, but not limited to, a redevelopment agreement between the city
and any contractor or party.
CONTRACTOR: An individual, partnership, corporation, joint venture clatter legal entity
entering into a contract, or a subcontract of whatever tier, for a public works project
DESK REVIEW: A method of monitoring compliance with the local employment program
in which the business development coordinator contacts a contractor or subcontractorto
gather relevant information or request relevant documentation.
EMERGENCY WORK: Work necessitated by an imminent threat to the property of the
city or the health, safety, or welfare of its twens.
GENERAL CONTRACTOR: An entity that enters into a contract directly with the city The
general contractor may also be known as the prime contractor.
LOCAL RESIDENT DATABASE: A database maintained by the stys business
development coordinator containing the names of local residents who have expressed
interest in employment on city public works projects.
NEW HIRE: Any employee of a contractor who is not listed oh the contractor's last
quarterly tee statement and was hired prior to or during the commencement of work on a
public works project contract subject to the requirements of the local employment
MIWIEBE SPECIFICATIONS
employment program.
ON SITE MONITORING. The business development coordinator's act of vchrig the site
of a public works project to ensure compliance with the requirements of the local
employment program
PUBLIC WORKS PROJECT. Any construction, alteration, demolition, or repair work
done under contract and paid for in whole or in part from city funds
RESIDENT: Any person whose domicile is in the city The domicile is an Individual'sonc
and only true, fixed and permanent home and principal establishment. In orderte qualify
as a resident for purpose, of the local eMgoymaot program, an inAvidual must have
established domicile within the city at least thirty (30) days prior to commencing work on
any public works pmject subject to the local employment program
SUBCONTRACT: A contract that exists between the general contractor and a
subcontractor or between subcontractors of any tier.
SUBCONTRACTOR: An entity that enters into a contract with the general contractor or
another subcm+iractm.
TIER: The level of relationship to the prime contractor of a subcontractorwho enters into
a contract under a prime contractor or another subcontractor to perform a portion of the
oak on a project
2. Work Hours And New Hue Requirements
a. Unless prohibited by federal, state, or local law, all contractors entering into contracts
with the city for public works projects valued at two hundred fifty thousand dollars
($250,000 00) shall ensure that
(1) Fifteen pet ent (15%) of the total wodc hours are performed at the constmctmn
site by cry of Evanston residents, as laborers and/or trade persons•; and
(2) A rrvnimum of one Evanston resident is hvetl
It. The effectiveness of the local employment program regarding the minimum percentage
of work hours and residents hired will be evaluated by city staff after two (2) years of
implementation
a These requirements shall bind the contractor both win respect to Persons working
directly forthe contractor and to subcontractors, regardless offer or phase ofthe egged,
hired to perform any portion of the contracted work. The contractor shall ensure that
subcontractors comply with the requirements of the local employment program Itshall be
M/W/EBE SPECIFICATIONS
program It shall be the responsibility and obligation of the contractor that all contracts
are in overall compliance with this subsection (C) and all the requirements listed herein
d. Requirements of the local employment program are satisfied if the contractor already
employs Evanston residents sufficient to meet uffeen percent if 5%) ofhe prolecPs total
workroom Some or all of these requirements maybe waived if a waiver is obtainedfrom
the city pursuant to subsection (C) 5 of this section.
3. Contracts, Bid Documents, Subcontracts Where appropriate and consistent with law.
contracts and bid documents shall incorporate the local employment program by
refer Once and shaft provide that the squire of any confrictoror subcontractor to comply
with any of its requirements shall be deemed a material breach of the contract or
subcontract emitting the city to all the remedies and damages available for material
breach ofa contract All subconlrecis shalt expressly acknowledge the city's status as
third party beneficiary to the subcontract and further expressly acknowledge that the
city, as a third party beneficiary, shall have the right to enforce the provisions of the
local employment program Contracts and bid documents shaft require Bidders,
contractors and subcontractors to maintain records necessary for monitoring their
compliance with the local employment program
4 Automatic Review: This subsection (C) shall be reviewed to address any deficiencies on
or about December 31, 2010
5 Waiver
a The contractor may request that the business development coordinator waive all or
portion of the requirements imposed under the local employment program Such
requests must be in writing and must be received by the business development
coordinator prior to Lie award of any public works project contract, in orders, apply for
a waiver, the contractor must submit:
(1) Documentation to the business development coordinator demonstrating that
A The contractor utilized the local resident database to attempt to satisfy the
local employment program Ming requirement
B The contractor notified residents of the employment opportunities available for
the project. Such notification must have appeared in the employment section
of a newspaper of local general circulation. Additionally, the Illinois
department of employment security's office located in Evanston, Illinois, must
have been notified of the employment opportunities. All notices most have
stated that off qualified applicants would receive consideration without regard
to race, color, religion, sex or national origin.
MNv/EBE SPECIFICATIONS
C The contractor, for a contract nalmng union labor, contacted in writing
Chicagoland labor unions to request a resident for employment on the project.
(2) Anyadditional documents requested by the business development coordinator in
order to evaluate the waiver request.
It. The business development coordinator shall determine, based on the real
documentation and conditions cited by the contractor that make compliance
unfeasible, whether to grant the waiver pi for to the award of the contact Exampiesof
such conditions include, but are not limited to:
(1) intermiltentservice by one trade throughout the life of the project
(2) Non -availability of resident($) necessary to fulfill craft position($) required for the
project
a If circumstances arise subsequent to the issuance of the contract, the results ofwhich
the contractor believes will prevent sabsb ng the local employment program
requirements, tiro contractor well immediately notify the business development
wordmator by requesting unwilling a waiver of the percentage that cannot be met
The business development coordinator or his or her designee shall meet with the
applicant as necessary and issue a decision within five (5) business days, including a
determination as to any urbanites liability for failure to achieve the goals for work
undertaken prior to the application for such a waiver
6. Local Resident Database. In order to satisfy the work hours and/or new hire
requirements of the local employment program, contractors working under collective
bargaining agreement shall contact the appropriate local union hall to request a
resident. If a resident Is not available for dispatch by that union hall, the contractor shall
contact the business development coordinator or his or her designee to request an
available Evanston resident The business development coordinator or his or her
designee will thereafter provide the name of a resident matching the qualifications
defined by the contractor to the local union hall and that resident will be dispatched to
the contractor within three (3) business days in accordance with the lawful hiring hall
rules of the respective union.
In ordor to satisfy the work hours and/or new hire requitement of the local employment
program, contractors working In the absence of a collective bargaining agreement shall
contact the business development coordinator or his or her designee to request an
available Evanston resident from the local resident database The business development
coordinator or his or her designee wall provide the name of a resident matching the
qualifications identified by the contractor within three (3) business days
y. Reporting Requirements. The contractor shalt submit reports as required by the city in
order to comply Will the local employment program. These reports may Include weekly
certified payroll records for all crafts within five (5) working days of the end of each
MAV/EBE SPECIFICATIONS
the and of each payroll period. Additionally, the city may require a weekly or monthly
summary ofthe information that would be obtainable from the certified payroll regarding
local hire by craft These reports, if required, must show the person -hours on a laborer
and/or trade person basis and, in the case of certified payroll records, identify the
address, new hires, and trade and status (fourneyperson or apprentice) of all
employees on the project All reports must have an original signature and be signed by
an authorized officer of the company under penalty of perjury, The city will make a copy
of all required forms available to contractors.
Nothing in the local employment program is intended to eliminate the requirement of a
contractor to maintain certdfed payrolls or of the subcontractors to provide certified
payrolls to the contractor, orfor any contractor to provide certified payrolls to any party
that requests them, as required under Illinois state law.
8, Momeaken"rho business development coonfinator or his or her designee will monitor
compliance moth the requirements of the local employment program by means
including, but not limited to, desk reviews or on site monitoring, Audits of compliance
may require the review of documents such as certified payrolls, canceled checks, or
quarterly wage and withholding reports Full scale investigations of noncompliance or
violations wit be on an as needed basis as determined by the business development
coordinator,
A contractor that fails to provide requested documents or misrepresents material facts
in such documents shall be deemed to be noncompliant with the local employment
program.
9- Post -Award Meeting At discretion, the business development coordinator or his or
her designee may require the contractor to attend a post -award meeting to familiarize
the contractor with the focal employment program requirements If requested by the
contractor post -award, or at any time during the project, the city shall hold such a
meeting within ten (10) business days
10 penalty: If the contractor or subcontractor should fail to meet the total percentage of
resident projecr hours due to a resident termination or resignation, the contractor or
subcontractor shall Mmedmtefy duly the business development coordinator of this
occurrence within two (2) business days, Subsequently, the contractor or
subcontractor shall have five (6) additional business days to replace a terminated or
resigned worker win another resident tftfie conlmc(or or subcontractor fads to make
the replacement or to notify the business development coordinator ofthrs occurrence,
the offending party will be fined one hundred dollars ($1 OLD) per day for each day of
noncompliance to be deducted from final payment on the contract ffthe noncompfant
contractor makes a good faith effort to replace the resident, the fine wilt be waived.
Of Minority, Women, and Evanston Business Enterprise MIW/EBE) Goals:
MIW/ERE SPECIFICATIONS
Defndsmis For the purposes of this Subsection (D), Minority, Women and
Evanston Business Enterprse (M/WIEBE) Goals, the following terms shall be
defined as follows.
Evanston -OWNED business Enterprise or ebe An entity which is located in or
has one or more offices located in the City for a minimum of one year and which
performs a "commercially useful function " The business must be certified by the
City in accordance with the provisions of Section 1-174(8).
Ifanotity-owned business ENTERPRISE or MBE: A business which is at least
fifty-one percent (ilia) owned byone ormore members ofone or more m,nndty
groups, or, in the case of a pubiely-held corporation, at least fifty-one percent
(51 0) of the stock of which Is owned by one or more members of one or more
minority groups, whose management and daily opeaanons are controlled by one
r more embers of one or more minority groups. The City manager or his or
or designee shall determine which MBE codifications, shall be accepted by the
Cfly
Women -owned business ENTERPRISE or more A busmor, whack is at least
f uthede percent %) owned e one nt more women, or, m the case n a
publicly -held re women,
corporation, fifty-one percent (51 nd of the sockof which is owned
by one or more women, whose management and daily business operations are
controlled by one or more women. The City manager or hisher designee shalt
determine which ARE certifications shall be accepted by the
City,
ban tw EGoals The Gityof Evansts contract awards to SEEP
WEE and less
than twenty-five percent Evanston
of its contract awards to MBE, WEE and ESE
businessespercent
The ) c of Evansof ESCs in its ches ontract
w rds. Theding notvisions less of
Three percent (3%) chiseling imple of implemented
b m its contract awards. The pervasions of
thiserdmanreshallbe rdinanedo not
City Manager or his or her designee
The provisions of this ordinance do not guarantee contract padiapallon
END OF GODS
MNylEBE SPECIEIOATIONS 1A
NIIW/EBE MONTHLY UTILIZATION REPORT
The following Schedule accurately reflects the value
of each MBEIWBE/EBE Sub -agreement,
the amounts of money paid to each to
date, and this
Pay Request
MSEANBEIEBE PIRMTYP
AMOUNTC
AMOUNAMOUNTT
SERVICES
FIRM NAME (MBEfWBE,
PAID PAY REQUI
PERFORME
E)
CONTRAC
TO CAT
THIS PAY
REQUEST
$
$
$
$
6
$
AMOUNT PAID TO PRIME CONTRACTOR y�
MAN/EBE PfAmpation Summary Sample
MAN/EBE SPECIFICATIONS 15
ir✓wreeeranmrpanon samn�ary
tw—�—�
_
tnrv:"
- _
rowl �o of
MonmgR p nql
1
1
71
Prmeor
pCOwgrbn
TOUT
Sebce
t.w Y.,he
MNYIEBE S
T-
Submnir
Sup.
of
Va:un
Con'nllmen
.unlmM
Yo:uo
Wntraclot
WnA
Ib OCipj
(Intl01C)
Fmb Prttaat con
WBEI
Mlsonry
.YBE)
--Ca.nwnsl
EBE''—
SF.ee1�Na
fqn la
FBE
Stmaural5leol
I
WBEI
M.WTloorvl
HnNwmo
W ntlnwL
�a�wnlwnm
Plnmbinq
Ml lb,
HlHclh C ProI
NVACIFrc Pm!^,I
HVACIFIm PmIC
ElBarrty(
F-'r AnC01
Elec,ncal
P1nM1p9l
VWC
lOiMcnPm9
Subblal MBE(M nonry Vwnetl 9uzme» Enlrry:x)
)S.bWWl W BE (WomOmWmM Buvnazn E ft,e k )
Sul t,oW1 EB It ln.bn BuslnesslFnlem�Se)
iTOU1MrtNrtBEPaM1 `ga4sn TOUI M"IEBE PaE.11aY9 vs, SnMonVacfiMnrtletl
(TOW MMIFB E PMklpal.nn vs, TOUT ConVacls AwMM
W.q
WBEI I
MBEI I
wsEj
wet
MSEI I
NBE]
WDE'
iWBEI I
,8F.!
EBE
ENE
I i
MANIEBE SPECIFICATIONS
Constructwn Contractors' Assistance Organizations ("Assist Agencies')
African American Contractors Association (AACA)
P.O Box I6-6897
Chicago, Illinois 60616
312-916-5960
Attn: Omar Shareef, Founder
Email. does natl.offe@hotmail.eom
Black Contractors United (BCU)
400 West 76" Street, Suite 200
Chicago, Illinws 60620
773-483-4000
773-483-4150 Fax
Email bcunewera@arneritech net
Attn Florence B. Cox, Executive Director
Federation of Women Cootractol's
5650 S. Archer
Chicago, khrims 60635
312-360-1122
312-360.0239 Fax
Email: (wcehicago@aa7.com
Attn: Sandra Gidley, Administrator
Hispanic American Construction industry Association
901 W Jackson Blvd., Suite 205
Chicago, Illinois 60607
312.66615910
312-666 5692 Fax
Attn: Jorge Perez, Executive Director
Email: inerer haciavwrks ors
Women's Business Development Center
8 So. Michigan Avenue, Suite 400
Chicago, Illinois 60603-3302
312-853-Wi`
312-65M145 Fax
Email: wbdc .bdc ors
Attn Harty Ratner, Director
M/WIESE SPECIFICATIONS 17
STATE OF ILUXOSS
CITY OF EVANSTON
SPECIAL PROVISIONS
AND STANDARD DETAILS
Iliiewps Department
of Teansportation Special Provisions
The following Spacial Provisions supplement the Standard Specchcations for Road and Badge Constipation '", Adopted
Jonuaq 1. 2012 , thelatest adYbn o'the "Manua' on Unrferm TreHw Control Devicesler Streets
and HathuaYs'', and [tie "Manual of Test procedures of Materiels" in affect on the data of Invitation of bids, and the
Supplemental Specdicaro ns and Reentrant Special Provisions Indicated on the Check Shoat pursuant here nwhich apply to
and govern the construction of PM-RSaSTSC1207 I and It a of ch any part. or
parts, of said SpecAwatlons, the said Spacial Proarrons shall take precedence and shall govonflict vnl
ern,
sin t Iafo(an, )ro5',
FOR
en9ENrnL 6PEG EICnTION5
NO RECURRING SPECIAL PROVISIONS
iNo Ode, rvntn ns n detafSiPPLEMEN
nv L SPEECIE cn SGNS aM ffFTMUY wed RECURRING SPECIAL
POVISION
94EPlEt✓�EtsISP_EGF:cniiNAtS
51n NPs C, MWll
RECURRING SPECIAL PROVISIONS
The
following RECURRING SPECIAL PROVSNONS indicated by an
OX" are
aPPNrable
to this contract and are included by reference
la GF NO_
Lt
scattered State Requirements for fcdeacad Ciewhimben GunnaCle
Left 2-1-69)(Rev, 1-1.10)
Subutivrg of CommoL (POdealad donbacts) (Elf t 1.88) (Rev, 5 LBO
4
EEO EW>-21-16Jagree t1-A 80) ... .-
5
4
Spends Equalie
u2
Non Federal Aid Co.s IRE 30fi)(Revt9M1
15
NEEt-1-1,) -
P
ggns a, Bening Pad Remove( 11f 03}-65)(Ruv
5
/
a n Asbestos Hot -Mix Asphalt Sumacs
tE1r89)(Revr
0val(Eff tI-loran
26
8
Haul Road Stream Crossings, Other t rvasa ry She 08M Cr (s mIn, and
herdsmen Work Pada(Eft 1-2-92)(Rev t-1-96)
rnke Layout s Except for Badges Riff i t -9m (Rev 1-1-0))
29
10
Communal Sierra (Elf 5-1-93)(Rev 1.1-W). -
31
e of Geote wMe Bane; br Rewhad Cresting(HI, 1A Od(Rav 1-t-())
at
12
Of Cannata Pavements(Eff 1t-1-84)(Rev i- -U'/) -
NotMaigsplialtSurface Corcerlrwr Lett tin.81)(Rev "Log , .,.40
14
and Shoulder Resudaung (Eft 2-t-00) (Rev i- -09)
42
15
PCC Partial Noun rim Mix Asphalt PaahmO(Etf 1.100)(Rev 1-1A/) L
a3
16
Paternity with Hot -Mix Asphalt Oculey Removal(EN. 101-951 Rrmv. LITC)
45
i)
concrete (EH fo 95) (Rev t t�08)46
polymer18
Ppe mer(Eff 4-1-04)Reav 1-1-07) - -
48
19
Pipe underaans (En 9 mra) (Rev 1.1 0))
49
20
Guardrail and Garner Wall Delineation(ELF 12-micn(Rev i- -12)
Lf
61cycle Rdcks(Eff 4-1-94)(Rev, 1-1-io) - -
54
22
Temporary Mwluiar Clare fcreenayetem(Elf i t-0o)(Rav t-1-0))
56
TempwaryPodaUle Bnryyo TraniC Siynats (EN 8-1-03)(Rov 1-1 u/) .,58
24
Work Cone Public lnfo:malron Signs Leff AlBZ)SNv 1-1 OT)
so
25
(tight Time lnspocnnn of Roadereay Ughtm9(EM S1-66) .,.61
7-yzs) 0 1
82
21
English Substitution of Metric Reinfecemenl Boas (Ed 4-1-9m(Ray.i hag .,63
26
Calcmnr Coronae Accelerator for trwhend Cement Cogiocto(BE 1-1in)-
64
29
Portland Cement Concrete Inlay er OvwgVfor Pavements
(EH ti-t-08)(Rev 1-1.12) Lv.-
65
30
quality Control of Concrete Mn lures dl the Plant
(Eft Al -On (Rev 1.1-11)
68
at
qualify Conti ofl0ua1rly Aaswanceof Concrete Mixtures
(Elf 4-1-92)(Rov 1.1-tt) . ., . ..
yt
LOCAL ROi_S jNEETS RECItaRIRt; RPGt:lal arznv151ntuS
Table of Contents
C KSN[ETA
P&MNO
LRS1
Resolved ._. ._
_, _ 89
LRS2X
Famished Excavation
90
LRS3
We*7one Traffic Control Survciilance .... .. .... .... .... ....
91
LRS4 X
Raggers in Work ]_ones .. _.
.. 92
LR65X
Contract Claims
93
I.RSs
Biddrrea Rxitimments and Conditions for Contract Proposals
94
LRS/
Balding Recrummonts and Conditions for Material Proposals
.,,, 100
LESS
Reserved ,„ ....., .. „ ..,,. ,. 1.,,,,.,_
106
Less
Bibimmevs Surface Treatments - _ _ _.
107
MS10
Received L , .,
., 108
LRS11X
Employnontl'IacUccs ., _
109
LS312
Wages of Employees on Public Wwek
111
LRS13 X
Selection of Labor b
112
LRS14
Paving Bock and Concrete Paver Pavements and Sidewalks
.,.,,., 113
LRS15
Partial Payments,,,,..,.,, .. v ,, ,,,,,,,,,,,,,,,,
116
IR316
Protests on Local LaWngs .. ... .... ....... .... .. _. .
117
LRS17X
Sob=tance Abuse Prevention Program _ , _,
1 is
TEMPERATURE CONTROL FOR CONCRETE PLACEMENT (DISTRICT ONE)
Eff.get, Nay 1, 2OD7
Delete the second and third sentences of the second paragraph of Anc�ie 1020 14(a) Of the
Standard Spedfcahons.
USE OF RAP (DIST 1)
Effective January 1, 2007
Revised: July 1, 2009
In Article 1030.02(9) of the Standard Speclllrafons, delete the last sentence of the first
paragraph In (Note 2),
Revise Penton 1031 of the Standard Spunficanons to read,
'SECTION 1031, RECLAIMED ASPHALT PAVEMENT
clothing
of n eAsting h. Reclaimed asphalt pavement (RAP) Contra (tors the cold milling oY
Cushing of an that t g hoAP originated asphalt (HMA) pavement The tin erfe shall supply wnden
documentation fie/ the RAP actran hors routes or atla processed
under federal, state, or beat
Department
to die The contractor can also request that a processed pile be tested by the
Department to tletermme the aggregate quality as described In Article 103104, haetn.
1031,o2 Stockpiles. The Contractor shall const(uct individual, sealed RAP stodpdes
meeting one of the following defnitio rs. No additional RAP shall be added to the pile after the
pile has base sealed, Sbohpdes shall be.surbeenily separated to Prevent Intermingling at the.
base, Stockpiles shall be Identified by signs Indicating the type and see as listed below (I e
"Homogenous Surface").
Prior to milling or removal of an HMA pavement, the Contractor may request the District to
provide venticalion of the existing mix composition to His, ly appropriate stockpile
(a) Homogeneous Homogeneous RAP slockpdes shall consist of RAP ftoClass 1,
Superpave (High ESAL), HMA (High ESALh or equivalentmixlures and represent: 1)
the same aggregate quality, but shall be at least C quality; 2) the some type of crushed
aggregate (either crushed natural aggregate, ACRE slag, or steel slag): 3) similar
gradation; and 4) similar asphalt binder corded) If approved by the Engineer, vandanod
single pass suffrowdurchr millings may be considered "homogenous" with a qualify
rating dictated by the fassu Y coarse aggregate quality present in the mixture
(b) Coupngl�oarn`rape918. ESAL), HMAConglomerate
518 RAP (H9h ESAL)Ckor equivalent mlxtures,The
shall
consist
sP (rom Class IP
cooarse
aggregate In this RAP shall be crushed aggregate and may represent more than one
aggregate type and/or quality but shall be at least C quality This RAP may have an
Inconsistent gradation and/or asphalt border conend prior to processing, All
conglomerate 518 RAP shall be processed prior to testing by nearing To where aft RAP
shall pass the 5/8 in. N6 mm) or smaller screen,
(c) Conglomerate 318 Conglomerate 3/6 RAP stockpiles shalt behest of RAP from Class I,
Sueereave (High ESAL), HMA (High ESAI,h or equivalent mixtures. The course
aggregate in this RAP stall be crushed aggregate and may represent more Man alone
aggregate type and/or quality but shall be at least B quality This RAP may have an
mcbmatent gradation unifier aspheft binder content prior to processing All
conglomerate 318 RAP shall be processed prior to testing by crushing to where all RAP
shall pass the Wit in (9.5 min) or smaller screen
(it) Conglomerate Variable Size Conglomerate variable size RAP shall consist of RAP from
Class I, Superpave (High ESAL), HMA (High ESAL), or equivalent mixtures. The coarse
aggregate in this RAP shell be crushed aggregate and may represent more than one
aggregate type anchor quality but shall be at least B quality, Phis RAP may have an
inconsistent gradation and/or asphalt binder content prior to processing. All
conglomerate variable area RAP shall be processed prwr to testing by crashing and
screening to where all RAP is separated into various sizes. All the congfoinerate
variable size RAP shall pass the 3/4 in Nff them screen and shall be a minimum of two
(a) Conglomerate Tn Quality (DQL Conglomerate DO RAP stockpiles shall Consist of RAP
from Class 1, Superpa9e (High or Low ESAL), HMA (High or Low Sort), or equivalent
mixtures The coarse aggregate in this RAP may be crushed or round but shall be at
least D quality. This RAP may have an In consistent gradation and/or asphalt binder
content.
(f) Non -Qualify RAP stockpiles that do not meet the requirements of the stockpile
categories listed above shall be classified ns"NomQualdi
RAP containvig commmunanou such as earth, brick, sand, concrete, sheet asphaft,
bituminous surface treatment (i.e. chtp seal), pavement fabric, joint sealants, etc, will be
unacceptable unless the contaminants are removed le the satisfaction of the Engineer. Sheet
asphalt shall be inckpited separately.
1031.03 Testing.When used in Bob. the RAP shall be sampled and tesed eithor during.
or after natekefing.
For testing during stockpiling, washed extraction samples shall be run at the minimum
frequency W one sample per 500 tons (450 metric tons) for the first 2000 tons (1800 niekic
tons) and one sample per 2000 tons N800 metric tons) thereafter. A minimum orfive tests shall
be required for stockpiles less than 4000 Ions(3600 metric tons)
For testing after sto drpihng, the Contractor shall submit plan for approval to the District
proposing a satisfactory method of sampling and tasting the RAP pile either in -situ or by
restockpAin9 The sampling plan shall meet the minimum frequency required above and delalt
the procedure used to obtain representative samples throughout fife pile for resOhg
Before extraction, each field sample shall the split to obtain two samples of test sample size.
One of the two test samples from the final spld shad ba kinated and stored far DaparpresO use
The Contractor shall ev Iract the other test sample according to Department procedure. The
Engineer reserves the right to test any sample (spilt or Department -taken) to vorify Contradlx
test results.
(a)reuirg Conglomerate ngl antl Conglomerate variable sa SfriA. h f his n o the
requirements ae conglomerate (G andfrequency
six fine shalt be tested for
maximum Theo tons)
Me that
gravity (ns (1 at a frequency of one sample per oar tons
00
tons mettle tons) for ions)
first thereafter tons mint metric tons) and one sample per d for
tons (1800 metric torts) tons
(3600 A c tons) n of the fells shall be required for
stockpiles lass than 4000 tons (36C0 mottle tons)
(b) Evaluation of Test Results. All of then and. when
resNis shall he compiled antl extracted
ter asphalt binder content red to the twor and. whell be accepted
G,.if individual tolerances
test results, when compared to the avefagcs, will b¢ accepted i( within the tolerances
listed below
Pa2meter
Homogeneous/
Conglomer»te "P' Gualdy
Conoiomemte
tin. (25 mm)
i.G%
I in. {tgmm)
,4
V2 1/1n (12.Smm1
t6%
t150/0
Nom
t3/
I No 8mnd
Ni%
No 16(118 mm)
tts%
No. 30 (600 um)
t $ %
No. 200(75 ran)
t2.o%
't4.0%
( Asphalt Binder
t04%r'
±05%
Grim
1002%71
Grim
1003%ni
t/ the tolerance for conglomerate 3/B SM1ail be t03%.
V Applies only to c ruglomerate 318 When variation of the G„„, exceeds the 10 02 %
tolerance, a new con ilonsamie 318 stockpile shall be created which wilt also require
an additional mix tlesfgn
3/ Applies only to mnglomeratc variable size- When vacation of Me G„„, exceeds the
will also 10.lso require an additional mix design
If more than p.0 percent of the Individual sieves are out of the gradation tolerances, or If
e than 20 percent of the asphalt be used
intent test results fall representing
the
appropriate tolerances, the from shall not be uAll in HMA unless the RAP ran e s shag
Me sort
to tests is removed evaluation
the stockpile All test data and acceptance ranges shall
be sent to the Dis1dG for evaluetlon-
With the approval of the Englneor, the drawn oven may be substdutetl for exbac Eons
cording to the Ili,rwcr Test Procedure, "Calibration cf the ignition Oven for the Purpose
of Characterizing Reclaimed Asphalt Pavement (RAP)".
1031.04 Quality Resignation of Aggregate In RAP. The quarry 0 the RAP shelf be set
by the lowest quality of coarse aggregate in the RAP stockpile and are designated as follows
(a) RAP from Class L Superpave (High ESAL), or HMA Had ESAL) surface mixtures are
designated as containing Class R quality coarse aggregate,
(b) RAP from Superpose (Low, RSA-)/HMA (Low ESAL) ILT9 OL brother and IUg.SL surface
inixbires are designated as Class D quality coarse aggregate,
(c) RAP from Class I, Superpave (High ESAL), or HMA (High ESAL) birder mixtures,
bituminous base course mixtures, and bituminous case course widening mixtures are
designated as Explaining Class C quality coarse aggregate
(d) RAP from bduminms; stabdued subbase and SAM shoulders are designated as
containing Class D quality copies aggregate.
Aggregate Quality Testing of RAP:
The processed pile shall have a maximum tonnage of 6,000 tons (4500 metric tons), The
pile shall be crushed and screened with 100 percent of the material passing the 314 in Hamm)
sievex i The pile shall be tested for AC 'content and gradation and shall conform to all
requirements of Article 1031.03 Testing, heroin Once the undonady of the gradation and AS
content has been established, the Contractor shall obtain a representative sample with dsMct
oversight of the sampling, This sample shall be%no less than 50 be (25 kg) and this sample
shall be delivered to a Consultant Lab, prequalified by the Depadment for extraction testing
aocordmg to 0imols Modified AACHQS T t6aL After the AS has been exuacted, the Corxsuldia
Lab shall submit the test results along with the recovered aggregate ib the Disport Office The
costfor this testing shall be paid directly by the Contractor, The Dismct will forward the sample
b the 6MPR Aidgietwie Lab I& AIRADerval Testing, according to )]',Asia Modified AASHTO T
327. A maximum loss of 15A percent well be applied for all HMA applications,
I D31.05 Use of RAP in HMA, 'I he use of RAP in HMA shall be as follows
(a) Coarse Aggregate Size The coarse aggregate in all RAP shall be equal to or less than
the nominal maximum size requirement for the HMA mixture to be produced
Act Use in HMA Surface Mixtures (High and Low ESAL). RAP stockpiles for use in HMA
surface mixtures (High and Low ESAL) shall be either homogeneous or conglomerate
3B or vendable size in wnich the coarse aggregate is Class 8 quality or better.
(c) Use in HMA Binder Mixtures (High and Low ESAL), HMA Base Course, and HMA Base
Degree Widening RAP stockpiles for use in HMA birder mixtures (High and Low
ESAL), HMA base course, and HMA base seems widening shall be homogeneous,
mrnglomeram 518, or conglomerate 318, congionieTate variable size, in which the warso
aggregate Is Glass G quality of beder
(d) Use in 51bnulders and Subbase. RAP dooli lies for use in HMA shoulders and stabilized
subbase (HMA) shot? be homogeneous, conglomerate 5/8, wirglomerate 31a,
eanglomma e variable size, or conglomerate DO,
(o) The asp of RAP shall he a contractors option when constructed HMA in all roulade
When the Contractor chooses the RAP enter, the percentage of RAP shall not excectl
the amounts mdvrzted in the table for a given N Design
Maximum Mi#ure RAP Percaniaa>
HMA Mixtures
Ndeslan
8inderllevevelmy Binder
30
30/M1O
50
250"
/0
2513/30"
I
10/15 "
10 8
t0116"
Mewmum % Rao 1
Surface + Polymer Modified 1
1
30 I 10 I
1G/25" 10` 1
0/" 10 15
0115` 10
10/15" 10 1
.}/ ex HMA Shoulder antl Stanllized Suh"Base (1IMA) N 30, the amount of RAP shall not
exceed 50 % of the mixture '
2l Value of Max % RAP If 3/8 Rap or wngloineete variable ship RAP Is uHized.
31; When RAP exceec a 20°%the AC shall bd PG58.22 However, when RAP exceeds 207
and is used in full depth HMA pavement the AG shall be PG58 -2B'
4
I Polymerized Leveling binder, II.A 75 is 15 Its '
1031.06 HMA Mix Designs. At the Codesures option, HMA mixtures may be constructed
utilumg RAP material meeting the above detailed requirements
RAP designs shall be submitted for volumetric Wrifcabon if additional RAP stockpiles are
tested and found that no more than 20 percent of the results, as defined under"I esbng' herein,
see outsMe of the contra tolerances.set fer the original RAP storusime and HMA mix design, and
meets all of the requirements herein, the additional RAP dokp iris may be used in the vaginal
mix design at the percent prevleusly verified
1031,07 HMA Production, The coarse .aggregate in all RAP used shall be equal to or less
Than the nominal maximum size requirement for the HMA mblum being produrztl.
To remove or hoarse agglomerated material, a scalping screen, crushing unit, or
comparable string advice approved by the Engineer shall be used In Itre RAP feed system to
remove or reduce oversized material If material passing the sting device adwoh lg affects the
mix production or quality of the mix, the sizing dewce shall be set at a esse specified by the
engmear,
If the RM control tolerances or QC1QA test results require aoreactive action, the Contractor
Shall cease production of the mixture containing PAP and eNher suvtch to the right aggregate
design or submit a new RAP design When producing mixtures contaamrq conglomerate 318 or
conglomerate variable size RAP, a positive dust control system shall be utilized,
HMA plants ubhzmg RAP shall be capable of automatically recording and panting the
following information
(a) Drier Dmm Plants
(1) Data, month, year, and time to the ..lost minute for each print,
(2) HMA Mix number assigned by the Department
(a) Accon yeted weght o7 dry *Waggle (cambxlel or amheual) is tars (mats, tons)
Accumulated Weight of dry aggregate (warbinad or individual) in tons (metric tons) to
the nearest 0 1 ton In metric ton)
(4) Accumulated dry weight of RAP In tons (metric tons) to the neatest 0-1 ton (PI
.his ton)
IS) A.,homl.ed mineral filler in updItur da, tons (metric tons), etc to the near mt 0 1
.all
(6) Accumulated asphalt Wader in gallons (titers), tons (memc tons), etc. to the nearest
01 unit,
I?) Idalm of asphalt binder m the RAP material (per vze) as a pem'enl of the total max to
the nearest 0,1 unit
(8) Aggregale, and RAP hu.s me comparators In percent as set on the control panel
(Required when accumulated or Individual aggregate and RAP are printed in Wet
condition).
(b) Batch Plants
(1) Date, month, year, and time to the nearest minute for each prior
(2) HMA mix number assigned by the Department.
(3) Indrvsdual virgin aggregate hot bin batch weights to the nearest Pound (kilogram)
(A) Mineral Filler weight to the nearest pound (kilogram)
(5) individual RAP Aggregate weight to the nearest peund (kdogrem)
(6) Virgin asphalt bsndet weight to the nearest pound (kilogram)
(T) Residual asp]salt binder of each RAP size material as a percent of the total mix to the
nearest 0.1 percent.
The suntans; shall he maintained in a file at the plant for a minimuin of one year of as
directed by the F_n9 veer and shall be made available upon mcp esi. The printing system will be
inspected by the Engineer prior to production and verified at the beginning of each construction
season thereafter
1031.08 RAP in Aggregate Surface Course and Aggregate Shoulders, l he use W RAP
sn aggregate surface sours and aggregate shoulders shall be as follows,
(a) Stockpiles and Testing RAP stocF inside may be any of those listed to Article 1031,02,
except 'Other The hosting requirements of Article 1031 03 shall not apply
(b) Gradallom One hundred percent of tho RAP material shall pass the 1 1l2 in (37 5 mm)
The RAP material shall be measurably welt graded from coarse to fine RAP
material that is gapgraded or singlo sized will not be accepted 4
COARSE AGGREGATE FOR HOT -MIX ASPHALT (HMA) (0-1)
U.N. Won 16, 2009
Revise Article 1004 03 of the Standard S,co feations to read'
1004.03 Coarse Aggregate for HAgM1X Asphalt(HMA) The aggregate shall be becoming
to Adm1. 100eW and the fdlowmg.
(a) Oescri atm The coarse aggregate for HMA shall be becoming lathe fo lovnng table
Use Mix(.,. Aggregates Allowed
Class Seal or Cover Gravel
Crushed Gravel
Crashed Stone
Crushed Sandstone
Crushed Slag (ACBF)
Crushed Steel Slag
Crushed Concrete
HIM Gravel
All Other Stabdked gushed Gravel
StAIX.001 Crushed Stone
Shoulders Crushed Sandstone
Crushed Slag
Crushed Concrete
The coarse aggregate for stabd¢ed subbase, d approved
by the Engineer, may be pcoducard by bonelm
aggregates acooidmg to Article 1004,04(a)
HMA Crushed Gravel
High ESAL IL-250, IL-10.0, Crushed Stand
Low ESAL orlL-190L Crushed Sandstone
Crushed Slag (ACBF)
HAP, C Sudace Gravel (only when used in IL-g 51)
High ESAL IL-125,1495, Crashed Gravel
Low ESAL or IL-9 51 Crushed Stan.
Crushed Sandstone
Crushed Slag (ACBF)
Crushed Steel Slag (except when used as leveling binder)
Use Mixture
Aggregates Allowed
HMA D Surface
Crushed Gravel
High FSAL IL-125 or
Crushed Slone(other than Limestone)
IL-95
Clvshed Sandstone
Crushed Slag (ACBF)
Crushed Steal Slag (except when used as fevelmg binder)
Limestone may be used in Mixture D if blended by volume
in the following worse aggregate percentages:
Up to 25% Limestone with at least 750A Dolomite,
Up to 50% irmestone mth or least 50% any aggregate
listed for Mixure D except Dolomite
Up to 75% Limestone with at least 25% Crushed
Sire (ACBF) or Crushed S irdshme.
HMA ESurface
Crushed Gravel
High ESAL IL-12 5 is
Crushed Slone must than Limestone card Dolomite)
II-35
Crushed Sandstone
No Limestone
Doomite may be used in Mixture E if blended by volume
in the following coarse aggregate percentages.
Up to 75% Dolomite with at least 25% Crashed
Sandstone, Crushed Slag (ACBF), or Crushed Steel
Slag When Crushed Slag (AGSF) or Crushed Steel
Slag ate used in the blend, the blend shall conlaiA a
nusurvam of 25% to a mavimurn of 75%of either Slag by
volum
Up to,50 % Dolomite will) at least msA of any aggregate
listed for Mixture E.
if to wave to meet des:gri criteria, Crushed Gravel or
Crushed Slone (other than Limestone or Dolomite) may
be blended by volume in ih= following warse aggregate
percentages'
Up to 75% Crushed ed mend or Crushed Slone (other than
U-seSandstone or DobSlag
with at S), or e5% Crushed
Sandstone.CrusCrashed Slag (ACBF), or Crushetl Steel
Slag. e ran Crushetl Slag (ACBF) d Crashed Stec)
Stag are used In the blend, the blend shall contain a
minimum of 25% to a maximum of 50% of either Slag by
volume
Use Mixture Aggregates Allowed
HMA F Surface Crushed Sandstone
High ESAL tL-12 5 or
IL-9.5 No Limestone.
Crushetl Gravel, Crushed F ff blended
Crushed e mote
may be used in ggrMixturet F rt oneg tl by volume m the
truIs
to
coarserushed rove], Crushed
tip tb 50% Crushed Gravel, Crushetl Concrete o
Crushed Dolomite with C leas) C50%rushed
Crushed
Sandstone, Crushed Slay Stone ,Crushed a Granite,
Slag,
or any Other Crashed Stone (to include a Slag
(ACSFe, r Cruite'or Quartzite) When Crushed Slag
the blend
or Crushed Steel Slag are used to the blend.
the blend shall wnta of 50% to a
mawmum of 75% of either Glen by volatile.
(b) Quality For aggregate courses anq bintler courses when used as surface avers the
e binder
courses,
shall be Class b coarse or better. For Class p (seal or cover Coate
other bintler wurses, and surtacq or All the 5L (Low the co the coarse aggregate
shaft be C135s Cquatity or Letter. For All Other causes, the coarse aggregate shalt be
Class 0 quality or better.
(c) Graddnrn. Ttw coarse aggregate gradations shall ho as ysfed m tM1e tdmwtru� table
� Use
SizelApplication
Grada4on tJo.
Klass A-1, 2,& 3
31810 (10 mm) seat
CA 16
L
Klass A-1
112 in. (13 mm)Seal
CA 15
I Class A-2 & 3
Cover
CA 14 1
HMA High ESAL
IL-250
CAT"Or CA 80
fL-190
CA 11 r'
IL-12.5
CA 16 and/or CA 13
IL,9.5
CA 16
HMA Low ESAL
(419.0L
CA 11 "
IL-95L
CA 16
All Other
Stabilized Subbase
(HMA
or Shoulders
CA 6 v, CA 10, or CA 12
V CA 16 or CA 13 may
be blended with the gradations
listed
21 CA 6 will not be drumbeat In the top lift of shoulders