city of aurora 211-221_Gale_St_Sanitary_Service_Relocation.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/aurorail

City of Aurora, IL

211-221 GALE ST SANITARY SERVICE RELOCATION

26-066

RELEASE DATE: August 26, 2026

DEADLINE FOR QUESTIONS: September 2, 2026

RESPONSE DEADLINE: September 9, 2026, 11:00 am

Please refer to the project timeline in this document for all important deadlines.

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/aurorail

Invitation For Bid #26-066

Title: 211-221 Gale St Sanitary Service Relocation

Table Of Contents

1. GENERAL INFORMATION

2. INSTRUCTIONS TO BIDDERS

3. GENERAL REQUIREMENTS

4. SCOPE OF WORK

5. PRICING TABLE

6. VENDOR SUBMISSIONS

Attachments:

A - Gale St Sanitary Service Relocation Planset

GENERAL INFORMATION

1. CITY OF AURORA, IL (Government)

The City of Aurora (“City”) is a municipal corporation and unit of local government existing under the laws of the State of Illinois pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq. (the “Code”). The City was established to provide municipal services and to promote the health, safety, and welfare of its residents and businesses within its jurisdiction. The City owns, operates, and maintains various public facilities and infrastructure, including municipal buildings, parks, and community centers located throughout Aurora, Illinois.

INSTRUCTIONS TO BIDDERS

1. SUMMARY

The City of Aurora, IL invites you to bid on the anticipated 2026 Sanitary Service Relocation on Gale St, Aurora.

Proposed Improvements: Relocation of 6 sanitary services with a proposed 8" sanitary main, and installation of copper water services via directional drilling and other miscellaneous appurtenances all in accordance with the plans and specifications.

2. TIMELINE

Release Project Date: August 26, 2026

Question Submission Deadline: September 2, 2026, 11:00am

Question Response Deadline: September 4, 2026, 11:00am

Response Submission Deadline: September 9, 2026, 11:00am

3. Purchasing Division Definitions

Award: The formal decision to select a vendor for a contract.

Bid: A submitted response by a vendor in response to a bid document.

Bidder: An individual, firm, or corporation formally submitting a proposal for the work contemplated, or any portion thereof, acting directly through an authorized representative.

Change Order: A change to a contract or purchase order made after it has been approved by the city that alters the term of the contract, the contract price, or the obligations of the parties.

Contract: A formal agreement between the City and a successful bidder outlining obligations, deliverables, timelines, and pricing.

Cooperative Purchasing: When goods or services are purchased through shared contracts (mostly government entity contracts), to leverage buying power.

Direct Purchase Method: The method in which, after bids are rejected or if no bids are received, the City Council by resolution may approve the work to be done by city personnel or authorize the purchase of goods or services involved to be purchased more economically on the open market without complying with the requirements of the Purchasing Division.

Emergency Procurement: An expedited purchase that bypasses standard bidding due to immediate threats to public health, safety, or welfare.

Encumbrance: Funds that are formally committed and set aside in the budget to pay for a specific future purchase.

Evaluation Criteria: The standards and scoring factors used to assess bids or proposals.

Formal Bid: For goods/services over $25,000, with well-defined requirements and structured bidder/proposal submissions.

Informal Bid: For goods/services valued between $5,000 and $24,999, with well-defined requirements.

Businesses are notified via web alerts.

Invitation for Bid (IFB): A formal solicitation inviting vendors to submit competitive bids based strictly on price and predefined specifications.

Invoice: A bill sent by a vendor/contractor/supplier for goods/services provided. Shows what was purchased, how much it costs, and payment due date.

Local Bidder Preference: Policy that allows the City to give priority or scoring advantages to local businesses.

Lowest Responsible Bidder: The lowest bidder whose offer best responds in quality, fitness and capacity to the requirements of the proposed work or usage.

Payment Bond: The bond executed by the Vendor/Contractor and his surety guaranteeing the payment of all sums of money due for any labor, materials, apparatus, fixtures, or machinery furnished to such principal for the purpose of performing the contract work.

Performance Bond: The bond executed by the Vendor/Contractor and his surety, guaranteeing complete execution of the contract.

Piggybacking: An authorized purchase made by utilizing another government agency's existing, competitively awarded contract.

Plans: All drawings, sketches, and detailed Plans or reproductions thereof pertaining to the construction involved.

Procurement: The process by which a municipality acquires goods, services, or construction, including planning, soliciting offers, evaluating responses, awarding contracts, and managing vendor performance.

Professional Services: Services that require specialized professional knowledge or expertise, such as accounting, architecture, engineering, law, medicine, surveying, or other fields defined by state law.

Proposal: A bidder’s response to a solicitation that often includes technical details, methodology, pricing, and qualifications.

Public Notice: Official announcement of a solicitation, typically published through OpenGov.

Purchase/Procurement Card (P-card): A City issued charge card for the purchase of city-related goods/services.

Purchase Order (PO): The formal authorizing document issued after an award. No work begins, or payment made, without a city-generated PO. Sent to Vendor/Contractor/Supplier.

Quote: Request from vendors for pricing on goods or services or a combination thereof that may be verbal or in writing.

Request for Proposals (RFP): A solicitation used when seeking a solution, goods, or service and evaluating vendors based on multiple criteria, not only price.

Request for Qualifications (RFQ): A solicitation for qualifications, used especially for professional or consultative services. It does not result in a contract.

Requisition: A request to create a PO for the purchase of goods/services. Stays internal.

Responsible Bidder: Section 2-331(5) of the Aurora City Code requires that bidders for city contracts in excess of $25,000 must participate in active apprenticeship and training programs approved and registered with the United States Department of Labor’s Bureau of Apprenticeship and Training to be considered a responsible bidder.

Scope of Work (SOW): A detailed document outlining the specific tasks, deliverables, timelines, and quality standards required from the vendor.

Sole Source: A non-competitive procurement used when only one vendor can provide the required goods or services.

Specification: Any description of the physical or functional characteristics, or of the nature of a supply, service or construction item. A specification may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.

Vendor/Contractor/Supplier: A company or individual that enters into a contract with the City to provide goods or services.

4. ACCEPTANCE OF BID PROPOSALS

a. Bidders intending to respond to this solicitation must create a free account with OpenGov Procurement.

Registration is required to establish a communication link with the City. The Bidder, and not the City, is solely responsible for obtaining all addenda issued for this solicitation. Addenda and other relevant information will be posted through the City’s E-Procurement System. Notifications of issued addenda will be emailed to all persons registered as following this bid. Failure of any Bidder to receive any addendum or interpretation shall not relieve the Bidder of any obligation under its submitted Bid

Proposal. All addenda issued shall become part of the Contract Documents. Paper submissions will not be accepted.

b. Bids will be accepted only through the City’s E-Procurement System, OpenGov, up to the date and time specified in the solicitation. The official system clock within the City’s E-Procurement System shall govern all submission deadlines. Late submissions will not be accepted under any circumstances, including technical difficulties such as internet connectivity issues. The City strongly encourages Bidders to complete submissions well in advance of the deadline. All bids must include all requested information and all required forms, certificates, affidavits, and addendum acknowledgments to be considered responsive.

c. Bids shall be submitted on the forms provided and must include all required information and certifications. Bids submitted in any other manner, or failing to include all required information or certifications, may be rejected as non-responsive. Bids may be modified or withdrawn prior to the bid opening deadline through the City’s E-Procurement System. Each Bid shall include the legal name of the

Bidder, complete mailing address, and electronic signature of a person legally authorized to bind the

Bidder. The printed or typed name of the authorized signer shall also be provided.

d. The City of Aurora reserves the right to accept or reject any or all bids, in whole or in part, to accept alternate bids, and to waive any immaterial defect, technicality, informality, or irregularity in any bid received. Unless otherwise specified, the City reserves the right to hold bids for ninety (90) days following the bid opening date. By submitting a bid, the Bidder agrees to accept a Notice of Award if issued within this ninety (90) day period. The City further reserves the right to cancel this solicitation at any time without liability for any costs incurred by any Bidder in preparing or submitting a Bid Proposal.

Each Bidder assumes sole responsibility for all costs associated with preparation and submission of its

Bid Proposal.

e. While price is an important consideration, the City will also evaluate qualifications, experience, demonstrated capacity, responsiveness to the solicitation requirements, and overall ability to successfully perform the Work. No Bid Proposal will be considered unless the Bidder provides evidence satisfactory to the City demonstrating the necessary facilities, experience, equipment, personnel, and financial resources required to perform the Work. The Bid will be awarded to the lowest responsive and responsible Bidder. In determining responsibility, the City may consider factors including, but not limited to:

o Prior performance history o Experience on similar projects o Ability to work cooperatively with the City o Adequacy of equipment and staffing o Ability to complete the Work within required timeframes o Reliability, reputation, competency, and available resources

The City and its representatives may conduct any investigation deemed necessary to evaluate a Bidder’s qualifications. The Bidder shall furnish all information requested by the City for this purpose.

5. RECEIPT OF BID PROPOSALS

1. Bids must be submitted electronically, up to, but no later than the designated date and time as specified via the City’s E Procurement System, OpenGov. It is the sole responsibility of the Bidder to see that their Bid Proposal is received in the proper time.

2. Bids must be submitted electronically via the City’s E Procurement System. There will be no exceptions!

6. WITHDRAWAL OF BID PROPOSALS

Bids may be withdrawn at any time prior to the submission deadline through the City’s E-Procurement

System by “un-submitting” the proposal in OpenGov. After withdrawal, the Bidder may revise and resubmit its proposal at any time prior to the submission deadline.

Bidders are strongly encouraged to carefully review their submissions before final submission. Negligence on the part of the Bidder in preparing a bid shall not confer any right to withdraw or modify the bid after the submission deadline.

No bid may be withdrawn after bid opening without the written approval of the Director of Purchasing.

Requests for withdrawal after bid opening must be submitted in writing by an authorized representative of the

Bidder.

Bid Proposals received after the date and time specified for submission will not be opened or accepted.

7. BID DEPOSIT

Each Bidder shall deposit with Bid a Bid guarantee consisting of a bank draft, Bid bond, cashier’s check, or certified check drawn on a good and solvent National or State Bank and payable to the order of the City, in an amount not less than ten percent (10%) of the total amount of the Bid submitted, as a guaranty that in case the

Bidder’s Bid is accepted, the Bidder shall within one day after the date of such acceptance and notification thereof, deliver to the City a contract signed and executed by the Bidder, proper insurance certificates and a

Performance and Payment Bond in one hundred percent (100%) of the contract sum furnished by a responsible bonding company acceptable to and written upon forms prepared or approved by the City as security for payment of labor and materials and for the faithful performance of the contract and compliance with the provisions of law relating to the payment of prevailing rate of wages. Bid Deposit MUST be uploaded electronically with submission through the City’s E Procurement System, OpenGov. Upon notification from the City, Bidder’s must deliver

ORIGINAL Bid Deposit within three (3) business days. All Bid deposits will be retained by the City until a Bid award is made, at which time the Bid deposit will be promptly returned to the unsuccessful Bidders. The Bid deposit of the successful Bidder will be retained until the equipment, goods or services have been received or completed and found to be in compliance with the specifications. Performance by the Bidder shall not be considered complete, until final inspection and acceptance by the City of the Bidder’s Work. Final inspection shall occur within 30 days after the actual completion of the Work. Execution of the contract is contingent upon receipt of an acceptable Performance and Payment Bond and any required certificates of insurance. Upon failure to meet the requirements of this paragraph, the Bidder shall forfeit the amount deposited as liquidated damages and no mistakes or errors on the part of the Bidder shall excuse the Bidder or entitle him to a return of the aforementioned amount.

8. AWARD

It is the intent of the City to award the bid to the lowest responsive responsible bidder meeting specifications.

Award will be based on the following factors, but not limited to (where applicable): (a) adherence to all conditions and requirements of the bid specifications; (b) price; (c) qualifications of the bidder, including past performance, financial responsibility, general reputation, experience, service capabilities, and facilities; (d) delivery or completion date; (e) product appearance, workmanship, finish, taste, feel, overall quality, and results of product testing; (f) maintenance costs and warranty provisions; and (g) repurchase or residual value.

If the Bidder modifies limits, restricts or subjects his bid proposal to conditions that would change the requirements of the bid, this would be considered a conditional or qualified Bid Proposal and will not be accepted. The City reserves the right to delete any item listed in the bid.

9. PRICES

The prices submitted shall represent the full and complete cost of performing the Work in accordance with the

Contract Documents. Bid prices shall include all labor, materials, equipment, tools, transportation, supervision, mobilization, excavation, removal and disposal, restoration, permits, bonds, insurance, overhead, profit, and all other costs necessary to complete the Work, unless otherwise specifically provided in the Contract Documents.

Unless otherwise specified, all Bid prices shall remain firm for the duration of the Contract. No additional compensation will be allowed for costs that are reasonably necessary to complete the Work in accordance with the Contract Documents unless authorized by the City through an approved change order or other written modification.

The City is exempt from applicable Federal, State, and local taxes, and such taxes shall not be included in the

Bid prices. Evidence of the City’s tax-exempt status will be provided upon request, as applicable.

Where unit prices and extended prices are required, the unit price shall govern in the event of a mathematical discrepancy. The City reserves the right to correct mathematical extensions and totals based upon the unit prices submitted.

10. DISCOUNTS

Prices quoted must be net after deducting all trade and quantity discounts. Where cash discounts for prompt payment are offered, the discount period shall begin with the date of receipt of a correct invoice or receipt or final acceptance of goods, whichever is later.

11. TAXES

The City of Aurora is exempt, by law, from paying State and City Retailer’s Occupation Tax, State Service

Occupation Tax, State Use Tax and Federal Excise Tax (per Illinois Revised Statutes, Chapter 120, Paragraph

44) upon City works and purchases. The City of Aurora’s Sales Tax Exemption Number is E9996-0842-07.

12. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

Bidders shall promptly notify the City of any ambiguity, inconsistency of error which they may 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 acknowledged in the bid.

13. SIGNATURES

Bid Proposals must be signed by the Bidder with his/her usual signature. Bid Proposals by partnerships must be signed with the partnership name by all members of the partnership, or an authorized representative, followed by the signature and title of the person signing. Bid Proposals by corporations must be signed with the name of the corporation, followed by the signature and title of the person authorized to bind it in the matter.

When a corporation submits a Bid Proposal, its agent must present legal evidence that he has lawful authority to sign said Bid Proposal and that the corporation has a legal existence. In the event that any corporation organized and doing business under the laws of any foreign state is the successful Bidder, such corporation must present evidence before any Bid is executed that it is authorized to do business in the State of Illinois. Bidders by corporations must be executed in the corporate name by the President or a Vice President (or other corporate officer accompanied by evidence of authority to sign), and the signature must be attested by the Secretary or an

Assistant Secretary, along with the corporate seal. The corporate address and state of incorporation must be shown below the signature. Bid Proposals by partnerships must be executed in the partnership name and signed by a partner whose title must appear under the signature, and the official address of the partnership must be shown below the signature. Any corrections to entries made on the Bid Proposal forms shall be initialed by the person signing the Bid Proposal. When requested by the City, satisfactory evidence of the authority of any signature on behalf of the Bidder shall be furnished.

14. DEMONSTRATIONS

Bidders are required, if requested to do so, to affect a demonstration of the item(s) being Bid if the City feels it has insufficient knowledge of the item’s operations or performance capability. Such demonstration must be at a site which is most convenient and agreeable to the effected City personnel.

15. REFERENCES

Bidders shall provide references demonstrating successful completion of projects of similar size, scope, and complexity, including sanitary sewer, sanitary service relocation, underground utility, or comparable construction work. References shall be submitted through the Vendor Submission section of the City’s E-

Procurement System.

Each reference shall include, at a minimum, the following information:

• Owner or agency name;

• Project name and location;

• Brief description of the work performed;

• Contract amount, if requested;

• Date or year of project completion;

• Contact person; and

• Telephone number and/or email address.

The City reserves the right to contact any reference provided and to consider the Bidder’s experience, past performance, quality of work, ability to complete projects within established schedules, and overall capability to successfully perform the Work.

The City may request additional information or documentation as necessary to verify the Bidder’s qualifications and responsibility. Failure to provide requested information may be considered in determining whether the

Bidder is responsible and capable of performing the Contract.

16. ELIGIBILITY

By signing this bid, the bidder hereby certifies that they are not barred from bidding on this Bid as a result of a violation of Article 33E, Public Bids of the Illinois Criminal Code of 1961, as amended (Illinois Compiled

Statutes, 720 ILCS 5/33E-1).

17. DATA

The Contractor shall furnish product data, manufacturer specifications, shop drawings, certifications, samples, or other technical documentation for materials and equipment to be incorporated into the Work when required by the Contract Documents or requested by the City.

All materials and equipment furnished for the Project shall conform to the applicable plans, specifications, standards, and other requirements of the Contract Documents.

Required submittals shall be provided for review and approval prior to installation or incorporation into the

Work. Approval of any submittal shall not relieve the Contractor of its responsibility to comply with the requirements of the Contract Documents.

18. QUESTIONS

Bidders shall submit all inquiries, including requests for alternates or substitutions regarding this bid, up to, but no later than the designated date and time as specified via the City’s E Procurement System, OpenGov.

All answers to inquiries will be posted on the City’s E Procurement System. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted.

No questions will be accepted or answered verbally.

No questions will be accepted or answered after the cut-off date/time.

It is the responsibility of the interested bidder to ensure they have received addenda, if any issued.

19. Illinois Freedom of Information Act

Illinois Freedom of Information Act. The Contractor acknowledges the requirements of the Illinois Freedom of Information Act (FOIA) and agrees to comply with all requests made by the City of Aurora for public records (as that term is defined by Section 2(c) of FOIA in the undersigned’s possession and to provide the requested public records to the City of Aurora within two (2) business days of the request being made by the

City of Aurora. The undersigned agrees to indemnify and hold harmless the City of Aurora from all claims, costs, penalty, losses and injuries (including but not limited to, attorney’s fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the City of Aurora under this agreement.

GENERAL REQUIREMENTS

1. REQUIREMENTS OF BIDDER

The successful Bidder may be required to (a) enter into a fully signed contract in writing with the City of

Aurora covering matters and things as are set forth in the Bid Proposal Package; and (b) carry insurance acceptable to the City covering public liability, property damage and workers compensation.

2. CITY'S AGENT

The Director of Purchasing, or delegate, shall represent and act for the City in all matters pertaining to the bid proposal and Bid in conjunction thereto.

3. BONDS AND INSURANCE

The Bidder will be required to furnish a Performance and Payment Bond in the amount of one hundred percent

(100%) of the full contract price, Public Liability Insurance, and Workers Compensation Insurance; all of which shall be acceptable to the City of Aurora.

The Bidder awarded the project will need to provide performance and payment bonds for one year with a letter attached from the bond company certifying that the bond may be automatically renewed for the second year.

The term Payment Bond shall be understood to mean the bond executed by the Bidder and his surety guaranteeing the payment of all sums of money due for any labor, materials, apparatus, fixtures, or machinery furnished to such principal for the purpose of performing the contract work.

The term Performance Bond shall be understood to mean the bond, executed by the contractor and his surety, guaranteeing complete execution of the contract.

Proof of liability insurance coverage through a reputable, recognized carrier shall be provided at the time of acceptance and signing of the contract and shall remain current for the duration of the contract.

The City of Aurora, by showing and substantiating sufficient proof of incompetence, negligence, poor or substandard workmanship which would cause unwarranted damage or deterioration of either premises, contents or appendages, reserves the right to terminate said Contractor without recourse from the City by successful

Contractor.

4. INVESTIGATION

Each Bidder is responsible for thoroughly reviewing and examining the complete Invitation to Bid, Contract

Documents, plans, specifications, Addenda, and all other information provided by the City prior to submitting a

Bid.

Bidders shall make all examinations and investigations reasonably necessary to become fully informed of the requirements of the Work and the conditions that may affect the cost, scheduling, or performance of the Project.

This includes, as applicable, existing site conditions, access limitations, existing utilities and improvements, subsurface information made available by the City, traffic conditions, disposal requirements, restoration requirements, and applicable Federal, State, and local laws, codes, ordinances, and regulations.

Each Bidder is responsible for identifying and considering conditions that are reasonably observable or that can reasonably be determined from the Contract Documents and information made available by the City. Any questions, discrepancies, conflicts, or conditions requiring clarification shall be submitted to the City in accordance with the procedures and deadlines established in the solicitation.

Failure by a Bidder to examine the Contract Documents or investigate conditions that could reasonably have been identified prior to Bid submission shall not constitute a basis for additional compensation, an extension of time, or modification of the Contract requirements.

Submission of a Bid shall constitute acknowledgment that the Bidder has reviewed the Contract Documents, considered the conditions reasonably affecting the Work, and included in its Bid Price all costs necessary to perform and complete the Work in accordance with the Contract Documents.

5. BIDDER CAPABILITY

The City reserves the right to require any Bidder to provide documentation demonstrating its qualifications, experience, financial capacity, personnel, equipment, and ability to successfully perform the Work required by the Contract Documents. Formal prequalification of Bidders is not required unless otherwise specified in the solicitation.

The City reserves the right to determine whether a Bidder is responsible and may reject a Bid for cause. Factors considered in determining Bidder responsibility may include, but are not limited to, the following:

• Evidence of collusion, bid rigging, or other anticompetitive conduct among Bidders.

• Submission of more than one Bid for the same solicitation by the same individual, business entity, or affiliated entity, except as otherwise permitted by the solicitation.

• Default or material nonperformance under a previous contract with the City or another public agency.

• Failure, without reasonable justification, to satisfactorily or timely complete previous contractual obligations.

• A documented history of unsatisfactory performance, including failure to meet project schedules, failure to comply with contract requirements, or failure to satisfactorily correct deficient Work.

• Evidence that the Bidder lacks the financial capacity, relevant experience, qualified personnel, equipment, or other resources necessary to successfully perform and complete the Work.

• Material misrepresentation or omission of information submitted in connection with the Bid.

• Outstanding debts or other financial obligations owed to the City, to the extent permitted by applicable law and City policy.

• Any other documented circumstances that reasonably demonstrate the Bidder’s inability or unwillingness to perform the Contract in accordance with the Contract Documents.

The City reserves the right to request additional information as necessary to determine the responsibility and qualifications of a Bidder prior to award.

6. ALTERNATE PROPOSALS

The plans, specifications, and other Contract Documents have been prepared to establish the requirements for the Work. Bidders shall prepare their Bids based upon the requirements contained in the Contract Documents unless an alternate, substitution, or deviation is expressly authorized by the City.

Any Bidder proposing a deviation, alternate, or substitution from the specified materials, equipment, methods, or other requirements shall submit a written request through the City’s E-Procurement System, OpenGov, by the designated question deadline. The request shall clearly identify the proposed deviation, alternate, or substitution and shall include sufficient technical information, product data, specifications, or other supporting documentation necessary for the City to evaluate the request.

All questions and requests for clarification, alternates, substitutions, or deviations shall be submitted through

OpenGov by the date and time established in the solicitation. The City’s responses will be posted through

OpenGov and, when necessary, incorporated into the Contract Documents by Addendum. Bidders are responsible for monitoring the solicitation and reviewing all responses and Addenda issued prior to the Bid submission deadline.

Submission of a request for a deviation, alternate, or substitution shall not constitute approval. Unless otherwise authorized by the City in writing, Bidders shall submit their Bids based upon the requirements of the Contract

Documents.

The Purchasing Director, or authorized designee, reserves the right to approve or reject any proposed deviation, alternate, or substitution based upon the requirements and best interests of the City. Any deviation determined to constitute a material nonconformity with the Contract Documents may result in rejection of the Bid.

7. PAYMENT

Payment shall be made for services rendered. The City, after inspection and acceptance, and in consideration of the faithful performance by the Proposer, agrees to pay for the completion of the work embraced in this contract, payment shall be made in accordance with the Illinois Local Government Prompt Payment Act (50

ILCS 505/1, et. seq.) upon receipt of the invoice.

Time, in connection with any discount offered, will be computed from the date of delivery to the City or from the date a correct invoice is received by the City of Aurora Purchasing Division, if the latter date is later than the date of delivery.

Prices will be considered NET, if no payment discount is shown.

Invoices MUST contain the Purchase Order Number, as issued by the City.

The successful Bidder shall submit invoices via e-mail to:

PurchasingDL@aurora.il.us or Mail to the following address:

City of Aurora

Attn: Purchasing Division

44 E. Downer Place

Aurora, IL 60507

The City of Aurora offers electronic funds transfer (EFT) payment to our vendors. EFT is fast, simple, safe and secure and is our preferred method of payment!

8. DEFAULT

Time is of the essence in the performance and completion of the Work required under the Contract. The

Contractor shall commence, diligently prosecute, and complete the Work within the timeframes established in the Contract Documents, including any approved modifications or extensions.

If the Contractor fails to perform or complete the Work within the required timeframe, the City reserves the right, subject to the terms of the Contract Documents, to take such action as may be necessary to ensure completion of the Work, including termination of the Contract, in whole or in part, upon written notice to the

Contractor.

In the event of termination or failure to timely perform, the City may arrange for completion of the remaining

Work by another contractor or other available means. The Contractor may be held responsible for any reasonable additional costs incurred by the City resulting from the Contractor’s failure to perform in accordance with the Contract Documents.

Nothing in this provision shall limit any other rights or remedies available to the City under the Contract

Documents or applicable law.

9. INSPECTION

Materials or equipment purchased are subject to inspection and approval at the City’s destination. The City reserves the right to reject and refuse acceptance of items which are not in accordance with the instructions, specifications, drawings or data of Bidder's warranty (express or implied). Rejected materials or equipment shall be removed by, or at the expense of, the Bidder promptly after rejection.

10. WARRANTY

The Contractor warrants that all Work performed and all materials and equipment furnished under the Contract shall conform to the requirements of the Contract Documents, including all applicable plans, specifications, standards, codes, and approved submittals.

The Contractor further warrants that all Work shall be performed in a good and workmanlike manner and that all materials and equipment incorporated into the Work shall be new, unless otherwise specified, of good quality, suitable for their intended purpose, and free from defects in materials and workmanship.

The Contractor shall, at no additional cost to the City, promptly correct, repair, remove, or replace any Work, materials, or equipment determined to be defective or nonconforming in accordance with the requirements and warranty periods established in the Contract Documents.

Nothing in this provision shall be construed to make the Contractor responsible for the adequacy of plans, specifications, or designs furnished by the City or its authorized representatives, except to the extent expressly required by the Contract Documents.

11. CANCELLATION

The City reserves the right to terminate the Contract, in whole or in part, if the Contractor fails to perform the

Work in accordance with the Contract Documents, fails to comply with any material requirement of the

Contract, or fails to complete the Work within the required timeframe, subject to any applicable notice and opportunity to cure provided in the Contract Documents.

The Contractor shall not be considered in default for delays resulting from circumstances beyond its reasonable control and without its fault or negligence, including, but not limited to, severe weather conditions, natural disasters, fires, floods, labor disruptions, acts of governmental authorities, or other unforeseen events that materially affect the performance of the Work.

The Contractor shall promptly notify the City in writing of any circumstance that may affect the progress or completion of the Work. Such notice shall identify the cause of the delay, the anticipated duration, the portion of the Work affected, and the measures being taken to minimize the delay.

Any extension of the Contract time shall be subject to review and written approval by the City in accordance with the Contract Documents. An extension of time shall not otherwise relieve the Contractor of its responsibility to complete the Work.

Nothing in this provision shall limit any other rights or remedies available to the City under the Contract

Documents or applicable law.

12. PERMITS AND LICENSES

The successful Bidder shall obtain, at its own expense, all permits and licenses which may be required to complete the contract.

13. PATENT

The successful Bidder agrees to indemnify, protect, defend, and save the City of Aurora and its officers and employees, harmless against any demand for payment for the use of any patented material process, article, or device that may enter into the manufacture, construction, presentation or form a part of the Work covered by the contract.

14. COMPLIANCE WITH LAWS AND REGULATIONS

The Bidder shall at all times observe and comply with all Federal, State, Municipal and other local laws, ordinances, regulations, and requirements which in any manner affect the conduct of the Work, and with all

Federal, State and local laws and policies of non-discrimination, sexual harassment, prevailing wages and others applicable thereto; and all such orders or decrees as exist at the present and which may be enacted later, of bodies or tribunals having jurisdiction or authority over the Work, and no plea of misunderstanding or ignorance thereof will be considered. He shall indemnify and save harmless the City and all its officers, agents, employees and servants against any requirement, claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself or his employees.

This Bid shall be governed by and construed according to the laws of the State of Illinois.

15. INSURANCE AND HOLD HARMLESS PROVISION

At the Bidder’s expense, the Bidder shall secure and maintain in effect throughout the duration of this Bid, insurance of the following kinds and limits to cover all locations of the Bidder’s operations. The Bidder shall furnish Certificates of Insurance to the City before starting or within ten (10) days after the execution of the Bid, whichever date is reached first. All insurance policies shall be written with insurance companies approved by the City of Aurora and licensed to do business in the State of

Illinois and having a rating of not less than A:VII, according to the latest edition of the A.M. Best Company; and shall include a provision preventing cancellation of the insurance policy unless thirty (30) days prior written notice is given to the City. This provision shall also be stated on each Certificate of Insurance as: “Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left”. Upon requested, the awardee of this Bid will give the City a copy of the insurance policies. The policies must be delivered to the City within two weeks of the request. The limits of liability for the insurance required shall provide coverage for not less than the following amount, or greater where required by law:

(1) Worker’s Compensation Insurance - Statutory amount.

(2) General Liability Insurance:

(a) $1,000,000 per occurrence and $2,000,000 general aggregate (combined single limit)

(b) $1,000,000 per occurrence for Personal Injury

(3) Auto Liability Insurance:

(a) Combined single limit not less than $1,000,000

(4) Umbrella excess liability of $4,000,000 per occurrence, $4,000,000 aggregate

The Bidder shall include the City as a primary, non-contributory additional named insured on the General, Auto Liability, and

Umbrella insurance policies and indicate said status on any Certificates of Insurance provided to the City pursuant to this project. All insurance premiums shall be paid without cost to the City.

The Bidder agrees to indemnify and save harmless the City of Aurora, their elected officials, employees, agents and volunteers from and against all loss and expenses (including costs and attorneys' fees) by reason of liability imposed by law or claims made upon the City of Aurora for damages because of bodily injury, including death at any time resulting therefrom sustained by any person or persons or on account of damage to property, including loss of use thereof, arising out of or in consequence of the performance of this project work, whether such claims or injuries to persons or damage to property be due to the negligence of the Bidder or his Subcontractors. The Bidder shall assume total risk and shall be responsible for any and all damages or losses caused by or in any way resulting from the work and provide all insurance necessary to protect and save harmless the City of

Aurora and its employees.

The Bidder agrees to a waiver of subrogation. Neither the Bidder nor its insurers shall have the right to pursue the City to recover its costs associated with a claim arising out of the provision of the services required.

WORKERS COMPENSATION ACT

The Bidder further agrees to insure his employees and their beneficiaries and to the employees and the beneficiaries of any subcontractor employed from time to time by him on said Work, the necessary first-aid, medical, surgical, and hospital services and any compensation provided for in the Workers Compensation Act of the State of Illinois that is or may be in force in the

State.

Such insurance shall be placed by said Bidder in a company or association (to be approved by the City and to be accepted by the

Council thereof) authorized under the laws of the State of Illinois to insure the liability above specified.

Said Bidder hereby further agrees to indemnify, keep and save harmless said City from all action, proceedings, claims, judgments, awards, and costs, loss, damages, expenses, and attorney’s fees which may in any way come against said City by reason of any accidental injuries or death suffered by any of his employees or the employees of any subcontractor employed by him in and about the performance of the Work provided for in the Bid, and any and all liability resulting thereupon; and said

Bidder, in case of any suit, action, or proceeding on account of any or all of the foregoing shall defend the same for and on behalf of said City and indemnify the City therefore, and pay the amount of any and all awards and final judgments and orders rendered and entered therein, together with all loss, costs, damages, attorney’s fees, and expenses incurred therein. Said Bidder shall be the sole employer of its employees and workers, and in no way shall the City be considered a joint employer of same under any circumstance.

PERSONNEL AND EQUIPMENT

The Bidder shall provide an adequate number of competently trained personnel with sufficient supervision to provide the services required, and the Bidder shall provide identification of its personnel if requested by the City.

Any Bidder’s employee whose employment is reasonably detrimental or objectionable to the City shall be immediately transferred from the premises upon the City’s request. The exercise of the option shall not be construed as placing the City in charge of the Work or making the City responsible for safety.

All on the road vehicles or equipment shall be identified by the Bidder’s name for purpose of identification.

All tools or equipment required to carry out the operations within the scope of the contract shall be provided by the Bidder, and shall meet the standards of the Federal Occupational Safety and Health Act and State of Illinois safety codes as may be required by law. The City reserves the right to inspect the equipment that will be used prior to award of Bid.

16. LOCAL BIDDER PREFERENCE

O20-029 approved April 28, 2020 defines “Local business” to mean a vendor or contractor who has a valid, verifiable physical business address located within the corporate boundaries of the City of Aurora at least twelve months prior to a bid or proposal opening date, from which the vendor, contractor or consultant operates or performs business on a daily basis, including manufacturing production or distribution. The business must disclose the percentage of workforce in the City of Aurora; be registered with the City of Aurora, if applicable;

be subject to City of Aurora taxes (inclusive of sales taxes); be current with property tax payments and sales tax payments; not have any outside cited code violations; not have any outstanding debts to the City of Aurora;

have adequately qualified and trained staff to service the bid of interest.

17. MINORITY PARTICIPATION

The City of Aurora encourages minority business firms to submit Bidders and encourages the successful Bid

Bidder to utilize minority businesses as sub-contractors for supplies, equipment, services and construction.

18. PROSECUTION OF WORK

The Bidder shall begin the Work to be performed under the Bid as specified in the specifications after the execution and acceptance of the Bid, unless otherwise provided. The Work shall be conducted in such a manner and with sufficient materials, equipment and labor as is considered necessary to ensure its completion within the time specified in the Bid.

19. TIME

Bidder shall schedule its Work to meet the requirement of the City. Bidder shall perform the Work expeditiously in cooperation with the City’s agents, employees, Bidders and subcontractors. Bidder shall make no claim against City and no claim shall be allowed for any damages which may arise out of any delay caused by City, its agents, employees, Bidder or subcontractors. Bidder’s sole remedy for delay shall be an extension in the Bid time.

20. SPECIAL CONDITIONS

Wherever special conditions are written into the Special Conditions and Specifications which are in conflict with conditions stated in these Instructions to Bidders, the conditions stated in Special Conditions and

Specifications shall take precedence.

21. REGULATORY COMPLIANCE

Bidder represents and warrants that the goods or services furnished hereunder (including all labels, packages and container for said good) comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational

Safety and Health Act as amended, with respect to design, construction, manufacture or use for their intended purpose of said goods or services. Bidder shall furnish "Safety Data Sheet(s)" in compliance with the Illinois

Toxic Substances Disclosure to Employees Act.

22. PROTECTION AND RESTORATION OF PROPERTY

It is understood that in the execution of the Work herein provided for there may be interference with and/or damage to trees, shrubbery, crops, fences, railroad tracks, overhead structures such as poles, wires, cables, underground structures such as sewers, gas mains, telephone conduits and cables, water mains, drains, service connections, wires, pipes, conduits, located along, adjacent to, and/or crossing the locations of the Work, and that it may be necessary to relocate or reconstruct certain of such structures, improvements, and installations and/or to make repairs to the same by reasons of doing the Work herein provided for, and it is therefore particularly and specifically agreed that the Bidder except as otherwise herein provided, shall do the Work necessary for such relocation, reconstruction, and repair and shall bear and pay all of the cost and expense of such relocation, reconstruction, and/or repair of, and all damage done to any and all such pipe line and other structures, improvements, and installations, including service connections, if any, to adjacent property, existing at the date of the execution of the contract and/or existing, during the period of the Work to be done under the contract, which may be interfered with, damaged, and/or necessarily relocated, reconstructed, or repaired in the performance of the Work herein provided for, including the restoration and resurfacing of unpaved portions of public streets and alleys, rights-of-way, easements, and private property damaged or disturbed by the Work, the same to be restored to as good condition as the same existed at the time of the commencement of any such

Work or relocation.

It is further agreed that the owners of any structures, improvements, installations, referred to in the preceding paragraph shall have the right to do the Work or any part thereof necessary for the relocation, reconstruction, replacement, repair, and other Work required by reason of any interference with and/or damage to such structures, improvements, installations, due to the prosecution of the Work and upon completion of such Work by them done, said owners may render bills to the Bidder for the cost and expenses thereof which bills shall be paid by the Bidder without extra compensation therefore from the City, upon demand by said owners, or upon demand made by the City upon the Bidder for the payment thereof.

23. RESPONSIBLE BIDDER

Section 2-331(5) of the Aurora City Code requires that bidders for city contracts in excess of $25,000 must participate in active apprenticeship and training programs approved and registered with the United States

Department of Labor’s Bureau of Apprenticeship and Training to be considered a responsible bidder. A bidder must affirm such participation in the Bidder’s Certification submitted with any bid. Furthermore, the bidder must submit a copy of each applicable program registration certificate with his/her bid.

24. SUBLETTING OR ASSIGNMENT OF WORK

If the Bidder sublets the whole or any part of the Work to be done under the contract, with or without the written consent of the City, he shall not, under any circumstances, be relieved of his liabilities and obligations. All transactions of the City shall be with the Bidder; subcontractors shall be recognized only in the capacity of employees or workmen and shall be subject to the same requirements as to character and competence. In case any party or parties, to whom any work under the contract shall have been sublet, shall disregard the directions of the City or his duly authorized representatives, or shall furnish any unsatisfactory

Work or shall fail or…