ROCKFORD FIRE DEPARTMENT HEADQUARTERS RENOVATIONS

Finance Department
Central Services Division
City of Rockford, Illinois USA
425 East State Street
Rockford, Illinois 61104-1068 USA
779-348-7164-voice800-380-7175-fax
PLEASE DO NOT USE STAPLES TO BIND THE BID RESPONSES. www.rockfordil.gov
Form 1

Table of Contents
Invitation to Bid
Section 1 Bid Instructions and Contract Conditions
City of Rockford-Bidding and Contract General Conditions
(Local Funds)
Instructions to Bidders
Section 2 Required Forms
City of Rockford Equal Employment Opportunity Certifications
City of Rockford Subcontractor Utilization Form
City of Rockford Vendor Workforce Data Form
City of Rockford Subcontractor Workforce Data Form(s)
Illinois Prevailing Wage Act Notice and Acknowledgement
LCPtracker Vendor Information Form
Acknowledgement of Stormwater Management Ordinance
Acknowledgement of Addendum
W-9 Form
Section 3 Bid/RFP Specifications
General Provisions
Special Provisions
Bid Form
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Section 1
Bid Instructions
and
Contract
Conditions
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CITY OF ROCKFORD, ILLINOIS-BIDDINGAND CONTRACT GENERAL
CONDITIONS (LOCAL FUNDS)
The following shall be made part of the terms and conditions of the contract ("Contract") entered
intobetween the City of Rockford (City) andVendor(also referred to herein as "bidder,""awarded
vendor," and "contractor") if awarded the contract. Vendor's submission of a bid or proposal
constitutes acceptance of these Conditions:
1. Pricing. The bidder shall insert price for all bid items and all other information requested in
these specifications. The price shall be the full, delivered cost to the City of Rockford with no
additions.
2. Total versus "Per Item" Awards. The City generally awards contracts on a lump sum basis
to the lowest responsible and responsive bidder. However, the City may choose to award on a per
item basis. Therefore, each bidder must submit pricing for each item indicated on the bid forms.
Bidders must clearly indicate which items are bid and which are not.
3.Delivery of Merchandise. Delivery terms will always be Freight-On-Board (FOB)Destination.
The City of Rockford accepts no responsibility for the condition of any merchandise purchased
prior to acceptance by City Personnel. Failure to comply with this requirement may constitute
rejection of the bid.
4. Acceptance of Merchandise at Delivery. The City of Rockford reserves the right to refuse
acceptance of delivered merchandise that differs substantially from the specifications in the
invitation to bid or as otherwise permitted by Illinois law.
5. Prompt Payment Act. The City of Rockford intends to comply with the Local Government
Prompt Payment Act (50 ILCS 505/1 et seq.). The awarded vendor will be paid upon submission
of invoices to: City of Rockford Accounts Payable, 425 East State Street, Rockford, IL 61104.
6. W-9 Request for Taxpayer Identification Number. Prior to issuance of a purchase order, the
successful bidder will be required to supply the City of Rockford with a federal W-9 Request for
Taxpayer Identification Number and Certification. Failure to comply with this requirement will
be considered a violation of contract terms, for which the City may bar Vendor from bidding for a
period of up to three (3) years.
7. Legal Compliance. Vendor will at all times observe and comply, and will cause its
subcontractors to observe and comply, with all applicable federal, state, and local laws, ordinances,
rules, regulations, and executive orders, now existing or hereinafter in effect, which may in any
manner affect the performance of this contract. Provisions required by law, ordinance, rules,
regulations, or executive order to be inserted in this contract will be deemed inserted, whether or
not they appear in it. In no event will failure to insert such required provisions prevent the
enforcement of applicable law. Lack of knowledge of applicable law on the part of Vendor will
in no way be cause for release of this obligation. If the City becomes aware of violation of any
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laws, ordinances, rules and regulations on the part ofVendoror subcontractor, it reserves the right
to reject any bid, cancel any contract, and pursue any other legal remedies deemed necessary.
Vendor must pay all required taxes and obtain all licenses, certificates, or other authorization
required in connection with the performance of its obligation hereunder, and Vendor must require
all subcontractors to also do so. Failure to do so may result in rejection of Vendor's bid,
cancellation of an award to Vendor, or termination of this contract with Vendor.
By entering into a contract with the City, Vendor certifies that to the best of its knowledge, its
principals and any subcontractor used in the performance of this contract meet City requirements
and have not violated any City ordinance, code, state, federal, or local rules or regulations, and
have not been subject to any debarment, suspension, or other disciplinary action by any
government agency. Additionally, if at any time Vendor becomes aware of such information, it
must immediately disclose it to the City.
8. Legal Requirements. This contract sets forth the entire final agreement between the City of
Rockford and the bidder and shall govern the respective duties and obligations of the parties. The
validity of this contract, and any disputes arising from the contract, shall be governed by the laws
of the State of Illinois. Any litigation under this agreement shall be resolved in the trial courts of
Winnebago County, State of Illinois. Should a provision of this contract be declared invalid by a
court of competent jurisdiction, it shall not affect the validity of the remaining provisions of the
contract.
9. Safety. Prevention of accidents at any project is the sole responsibility of Vendor and its
subcontractors, agents, and employees. Vendor, its subcontractors, agents, and employees shall
be fully and solely responsible for the safety of this project. Vendor shall retain exclusive and
direct control over the acts or omissions ofits subcontractors, agents and employees, and any other
persons performing portions of the work and not directly employed by the awarded vendor.
10. Criminal Background Check. When necessary for the protection of citizens and/or City
staff, the City may require an awarded vendor to conduct a criminal background check on all of
its personnel who will have direct contact with City facilities or residents/businesses served under
this contract. Personnel are defined as representatives, agents, employees, subcontractors, or
anyone else who will be utilized to fulfill obligations under this contract. Criminal background
checks, at a minimum, shall consist of a county level felony and misdemeanor check for each
county in which the personnel resided in the last ten (10) years. The awarded vendor shall notify
the City of any of its personnel who have been convicted of a felony or misdemeanor prior to
commencing any work under this contract. At the City's discretion, personnel with any felony or
misdemeanor convictions which raise a concern about the safety of building, property, or City
staff/resident's personal security, or is otherwise job related (as determined by the City) shall not
perform work under this contract. Once given notice that a background check(s) will be required,
it must be completed within fourteen (14)calendar days so as to not delay work to be completed.
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11.Control of the Work. With respect toVendor's own work, the City shall not have contractual,
operational, and/or supervisory control over and/or charge of the work and shall not be responsible
for construction means, methods, techniques, sequences, procedures, and programs in connection
with the awarded vendor's work, since these are solely the vendor's responsibility under the
agreement. The City shall not be responsible for the awarded vendor's failure to carry out the work
in accordance with the agreement's terms and conditions. The City shall not have control over
and/or charge of acts or omissions of the awarded vendor, its subcontractors, and/or their agents
or employees, or any other person performing portions of the work not directly employed by the
awarded vendor. The awarded vendor shall be considered to be an "independent contractor"
pursuant to Illinois law.
12. Bid Bond. When required on the cover sheet, a bid bond for not less than five (5) percent of
the bid amount must accompany all bids as a guarantee that if the bid is accepted, the bidder will
execute and file the proper contract. A bank cashier's check, bank draft, or certified check equal
to the amount specified is acceptable in lieu of a bid bond. Bid bonds of the two lowest firms will
be retained until the contract is awarded.
13. Performance and Payment Bond. When required by the specifications herein, the awarded
vendor shall furnish a performance and payment bond equal to the amount of the contract,
acceptable to the City, within fourteen (14) calendar days after notification of contract award.
Failure to furnish the required bond within the time specified maybe cause for rejection of the bid
and any bid deposit may be retained by the City as liquidated damages and not as a penalty.
14. Taxes. No charge will be allowed for taxes from which the City of Rockford, Illinois is
exempt. The City of Rockford, Illinois is not liable for the Illinois Retailers' Occupation Tax, the
Service Occupation Tax or the Service Use Tax. The City is exempt from the Federal Excise and
Transportation Tax.
15. Withdrawal of Bids. Firms may withdraw or cancel their bids at any time prior to the
advertised invitation to bid opening. After the opening time, no bid shall be withdrawn or
cancelled. All bids shall be firm and valid for a period of sixty (60) calendar days. If a bidder to
whom a contract is awarded refuses to accept the award, the City may, at its discretion, suspend
the bidder for a period of time up to three (3) years.
16. Subcontracting. The bidder shall provide information for all subcontractors and leased
operators of equipment in the required Subcontractor Utilization Form. Information contained
in this formmust be complete and accurate, to the best of Vendor's estimating ability at the time
of bid, andwill be relied upon by the City in projecting Minority and Women Business Enterprise
subcontractor utilization for awarded City contracts. Any changes in subcontractor utilization
from that which is provided on the Subcontractor Utilization Form must be made immediately
in writingbysubmitting a new form to the City's Equal Opportunity Compliance Officer andthe
City ProjectManager or designee. When subcontractors are used,Vendormust pay subcontractors
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for satisfactory performance no later than thirty(30) days after receipt of each payment from the
City.
17. Termination of Contract. The City of Rockford reserves the right to terminate the contract
in its entirety or in portions, upon written notice to Vendor for convenience, if the Rockford City
Council does not appropriate sufficient funds to complete the contract, or in the event of default
by Vendor. Default is defined as failure of the awarded vendor to perform any of the provisions
of this contract or failure to make sufficient progress so as to endanger performance of this contract
in accordance with its terms. The City's written notice of termination shall specify the effective
date of termination. Vendor shall discontinue providing goods or services after such effective date,
and the City shall not be liable for goods or services provided by Vendor thereafter. In the event
of default, the City may purchase the product(s) and/or service(s) from other sources and hold the
defaulting company responsible for any excess costs occasioned thereby. The City may require
payment of liquidated damages for non-performance. Should default be due to failure to perform
or because of a request for a price increase, the City reserves the right to remove the firm from the
City's bidder listand place the firm on the City's debarred list for a period of up to three(3)years.
18. Late Bids and Proposals. Regardless of cause, late bids and proposals will not be accepted
and will automatically be disqualified from further consideration. It shall be solelyVendor's risk
to ensure delivery at the designated office by the designated time. Late bids and proposals will
not be opened and may be returned to Vendor at their request and expense.
19. Equal Employment Opportunity. Vendor shall comply with all applicable equal
employment opportunity statutes, regulations, and ordinances including but not limited to the
City's Equal Opportunity Employment (EOE) Ordinance (City of Rockford Code of Ordinances,
Chapter 11, Article IV); the Illinois Human Rights Act (775 ILCS 5/101 et seq.), the Illinois
Department of Human Rights (IDHR) Rules and Regulations for Government Contracts (44 Ill.
Admin. Code, Chapter X, Section 750), the Discrimination in Public Contracts Act (775 ILCS
10/0.01 et seq.), Title VII of the Civil Rights Act of 1964, as amended ( 7, 42 U.S.C. 2000e et
seq.); the Age Discrimination in Employment Act of 1967, as amended (29 USC .621 et seq.);
Title I of the Americans with Disabilities Act of 1990, as amended (42 USC 12111-12117); the
Equal Pay Act of 1963, as amended; and theUniformed Services Employment and Reemployment
Rights Act of 1994, as amended (38 USC 4301-4335).
Pursuant to IDHR's Rules and Regulations and the City's EOE Ordinance, the awarded vendor
shall comply with the following terms and conditions during the performance of this contract:
a) Vendor will not discriminate against any employee, including apprentices, or applicant
for employment,including training programs,because of race, color religion, sex, sexual
orientation, gender identity, marital status, order of protection status, status as a survivor
of domestic violence or human trafficking, national origin or ancestry, citizenship status,
age, physical or mental disability unrelated to ability, military status, or unfavorable
discharge from military service; and, further, that Vendor will examine all job
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classifications to determine if minority persons or women are underutilized and will take
appropriate affirmative action to rectify any underutilization.
b) If Vendor hires additional employees in order to perform this contract or any portion of
this contract, Vendor will determine the availability (in accordance with Section 750) of
minorities and women in the areas from which Vendor may reasonably recruit and will
hire for each job classificationfor which employees are hired in a way that minorities and
women are not underutilized.
c) In all solicitations and advertisements for employees placed by Vendor on its behalf,
Vendor will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, sexual orientation, gender identity,
marital status, order of protection status, status as a survivor of domestic violence or
human trafficking, national origin or ancestry, citizenship status, age, physical or mental
disability unrelated to ability, military status, or an unfavorable discharge from military
service.
d) Vendor will send to each labor organization or representative of workers with which it
has or is bound by a collective bargaining or other agreement or understanding, a notice
advising the labor organization or representative of the Vendor's obligations under the
Illinois Human Rights Act and Section 750 of the Illinois Department of Human Rights
Rules and Regulations. If any labor organization or representative fails or refuses to
cooperate with the Vendorin its efforts to complywith the Act and Part 750, Vendorwill
promptly notify the Illinois Department of Human Rights and the City of Rockford and
will recruit employees from other sources when necessary to fulfill its obligations under
the contract.
e) Vendor will submit reports as required by Part 750, furnish all relevant information that
may be requested by the Illinois Department of Human Rights or the City of Rockford,
and in all respects comply with the Act, the Department's Rules and Regulations, and the
City of Rockford's Equal Opportunity Employment Ordinance. Vendor's failure to
complete the City's required Equal Employment Opportunity Certifications or Vendor
and Subcontractor Workforce Data Forms will result in disqualification ofVendor's bid
or proposal.
f) Vendor will permit access to all relevant books, records, accounts, and work sites by
personnel of the City of Rockford and the Illinois Department of Human Rights for
purposes of investigation to ascertain compliance with the Act, IDHR's Rules and
Regulations, and City of Rockford EOE Ordinance.
g) Vendor will include verbatim or by reference theEqual Employment Opportunity Clause
(44 Ill. Admin. Code, Chapter X, Appendix A)in every subcontract awarded under which
any portion of the contract obligations are undertaken or assumed, so that the provisions
will be binding upon the subcontractor. In the same manner as with other provisions of
this contract, Vendor will be liable for compliance with applicable provisions of this
clause by subcontractors. Further,Vendor willpromptly notify the City of Rockford and
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the Illinois Department of Human Rights if any subcontractor fails or refuses to comply
with the provisions of sections (a) through (f) of this paragraph. Vendor shall not utilize
any subcontractor declared by the Illinois Human Rights Commission to be ineligible for
contracts or subcontracts with the State of Illinois or any of its political subdivisions or
municipal corporations.
20. Restrictive or Ambiguous Specifications. It is the responsibility of the bidding firm to review
the invitation to bid specifications and to notify the Central Services Manager if the specifications
are formulated in a manner that would unnecessarily restrict competition. Any such protest or
question regarding the specifications or invitation to bid procedures must be received by the
Central Services Division not less than seventy-two hours prior to the time set for the opening. In
the event a contract term is not defined within the contract document, the term will be given its
ordinary dictionary definition.
21.Bid Protest. Firms wishing to protest bids or awards shall notify the Central Services Manager
in writing withinseven (7)days afterthe invitation to bid opening. The notification should include
the bid number, the name of the firm protesting, and the reason why the firm is protesting the bid.
The Central Services Manager will respond to the protest within seven (7) calendar days. A
successful protest may result in the reversal of a previously awarded contract.
22. Disputes. In case of disputes as to whether or not an item or service quoted or delivered meets
specifications, the decision of the Central Services Manager or authorized representative shall be
final and binding to all parties. The Central Services Manager has the right to waive technicalities
as they see fit. The Central Services Manager may request a written recommendation from the
head of the department using the equipment or service being procured.
23. Exceptions. Any deviations from these specifications shall be noted and submitted with the
bid. Failure to address deviations from specifications may result in bid rejection.
24. Acceptance/Rejection of Bids. The City of Rockford reserves the right to accept or reject any
or all bids or proposals at any time, for any reason, including but not limited to the Rockford City
Council not appropriating sufficient funds to purchase equipment or complete the contract. The
City may make awards in anymanner deemed in the best interest of the City.
25. Prevailing Wage. When indicated on the cover page of the invitation to bid, this contract
calls for the construction of a "public work," within the meaning of the Illinois Prevailing Wage
Act, 820 ILCS130/.01et seq.("the Act"). The Actrequires awarded vendors and subcontractors
to pay laborers, workers, and mechanics performing services on public works projects no less
than the "prevailing rate of wages" (hourly cash wages plus fringe benefits) in the county where
the work is performed. Prevailing wage rates are determinedby the Illinois Department of Labor
and posted on the Department's website at:
https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx.
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(a)The Act does apply to owner-operators.
(b)Whenapplicable,all awarded vendors and subcontractors rendering services under this
contract must comply with all requirements of the Act, including but not limited to all
wage, notice, recordkeeping, and filing of certified payroll requirements.
(c) Under the Act, it is mandatory upon Vendor to insert into each subcontract a written
stipulation to the effect that not less than the prevailing rate of wages shall be paid to all
laborers, workers and mechanics performing work under this contract. It is also the
Vendor's responsibility under the Act to verify and pay current wage rates, as the
Department may change them from time to time.
(d) It is Vendor's obligation to understand what the Act requires, and to comply
accordingly. Failure on the part of the City to provide proper written notice regarding
the applicabilityof the Prevailing Wage Act does not relieve Vendor or subcontractors of
the obligation to comply with the Act when applicable, nor does it relieve them of their
obligation to pay back wages when owed.
(e) Vendor and all subcontractors shall make all records required under the Prevailing
Wage Act available for inspection, copying, or transcription by authorized representatives
of the City of Rockford or Department of Labor. Vendor shall further permit such
representatives to interview employees during working hours on the job. If Vendor or
subcontractor fails to submit the required records or make them available, the City may
take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request may be grounds for debarment action.
26. Certified Payroll. All Certified Payroll reports required to be submitted under the Prevailing
Wage Act, 820ILCS 130, as directed by the State of Illinois
(https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/Prevailing-Wage-Portal.aspx).
No paper copies or non-conformingCertified Payroll reports will be accepted. A copy of proof
of submission, including the reported wage information, must be submitted to the City with the
request for payment. The City reserves the right to withhold payment due to the awarded vendor
until the vendor complies with this or any other provision of the Act.
27. Substance Abuse Prevention. Before Vendorcommences work on a public works project, it
must have in place a written program which meets or exceeds the program requirements in the
Substance Abuse Prevention on Public Works Projects Act (820 ILCS 265/1 et seq.), to be filed
with the City and made available to the general public, for prevention of substance abuse among
its employees. This program must include pre-hire, random, reasonable suspicion, and
post-accident drug and alcohol testing, as required by the Substance Abuse Prevention on Public
Works Projects Act.
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