city of aurora Central_Garage_Underground_Fuel_Storage_Tank_Removal.pdf

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

City of Aurora, IL

CENTRAL GARAGE UNDERGROUND FUEL STORAGE TANK

REMOVAL

26-067

RELEASE DATE: August 17, 2026

DEADLINE FOR QUESTIONS: August 24, 2026

RESPONSE DEADLINE: September 2, 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 #26-067

Title: Central Garage Underground Fuel Storage Tank Removal

Table Of Contents

1. INSTRUCTIONS TO BIDDERS

2. GENERAL REQUIREMENTS

3. SCOPE OF WORK

4. PRICING TABLE

5. VENDOR SUBMISSIONS

Attachments:

A - Limits of Excavation

B - Site Map

C - Project Specifications

D - Phase 2 - LUST Proposal

E - Phase I ESA 2023-03-13

INSTRUCTIONS TO BIDDERS

1. SUMMARY

The City of Aurora is seeking a qualified contractor to remove three inactive underground storage tanks (UST's) at the former Central Maintenance Garage located at 720 N. Broadway. These tanks, which include one (1)

20,000-gallon diesel UST and two (2) 20,000-gallon gasoline UST's, shall be removed in accordance with the requirements of the Illinois Leaking Underground Storage Tank (LUST) Program as well as all pertinent federal and state guidelines and the Special Provisions (contained herein) and Project Specifications (attached).

2. TIMELINE

Release Project Date: August 17, 2026

Question Submission Deadline: August 24, 2026, 11:00am

Question Response Deadline: August 28, 2026, 11:00am

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

3. 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.

4. 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!

5. 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.

6. 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.

7. PRICES

The price quoted for each item is the full purchase price, including delivery to destination and includes all transportation and handling charges, premiums on bonds, material or service costs and all other overhead charges of every kind and nature. Unless otherwise specified, prices shall remain firm for the duration of the purchase.

Unit prices shall not include any local, state or federal taxes. In case of mistake in extension of price, unit price shall govern.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. REFERENCES

Sufficient references of all like public and/or private agencies must be submitted in the Vendor Submission section. Listing must include company name, contact person, telephone number and date purchased. All

Bidders, as a condition of and prior to entry into a contract, agree that a complete background investigation of the principals of the Bidder and all employees who will work on the project may be made. Bidders agree to cooperate with the appropriate City of Aurora personnel to supply all information necessary to complete these investigations. The City of Aurora in its complete discretion may disqualify any Bidder, including low Bidder, and may void any contract previously entered into based on its background investigation.

14. 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).

15. DATA

Bidders shall provide all documentation, product information, technical specifications, certifications, and other supporting materials necessary to demonstrate compliance with the requirements of this Invitation to Bid. Any required documentation shall be submitted through the City's OpenGov procurement portal in accordance with the instructions provided in this solicitation.

16. 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.

17. 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

It shall be the responsibility of each Bidder to conduct all investigations and examinations necessary to become fully informed of the requirements, specifications, conditions, and circumstances applicable to the Work. A

Bidder's failure to conduct such investigations or examinations shall not constitute grounds for modifying the

City's requirements or requesting additional compensation.

Each Bidder submitting a Bid Proposal is responsible for thoroughly reviewing the complete Invitation to Bid

Package, including all Addenda, and for becoming fully informed of all conditions that may in any way affect the cost, schedule, or performance of the Work. Failure to do so shall be at the sole risk of the Bidder, and no adjustment or relief shall be granted for errors, omissions, or misunderstandings that could reasonably have been identified prior to submission of the Bid Proposal.

If awarded the Contract, the Bidder shall not be entitled to additional compensation for any matter, condition, or circumstance that reasonably should have been identified through a thorough review of the Bid documents or appropriate examination and investigation prior to submission of the Bid Proposal.

Submission of a Bid Proposal shall constitute conclusive evidence that the Bidder has thoroughly examined the

Bid documents and has become familiar with the applicable local conditions, facilities, site conditions, requirements of the Invitation to Bid documents, and all pertinent federal, state, and local laws, regulations, and codes. The Bidder shall also be deemed to have considered prevailing labor and material market conditions and incorporated all reasonably anticipated costs and contingencies into its Bid Proposal.

5. BIDDER CAPABILITY

The City reserves the right to require of the Bidder proof of his/her capability to perform as required by the specifications. However, prequalification of the Bidder shall not be required. The City may, at its option, disqualify a Bidder and reject his bid proposal for cause. Reasons deemed sufficient for this action shall include, but not be limited to, the following:

Evidence of collusion among Bidders.

• Receipt of more than one bid proposal on any project from an individual, or from a corporation. This restriction does not apply to subcontractors.

• Default on any previous Bid.

• Unreasonable failure to complete a previous Bid within the specified time or for being in arrears on an existing Bid without reasonable cause for being in arrears.

• Inability to perform as revealed by an investigation of the Bidder's financial statement, experience and/or plant and equipment.

• Any Bidder who owes the city money may be disqualified at the City’s discretion.

6. ALTERNATE PROPOSALS

The specifications are prepared to describe the service which the City deemed to be in the best interest to meet its performance requirements. Bidders desiring to submit a Bid Proposal on items which deviate from the stated specifications, but which they believe to be equal, may do so by submitting all inquiries via the City’s E

Procurement System, OpenGov, but all specification deviations must be clearly stated. Bidders shall submit all inquiries, including requests for alternates or substitutions regarding this bid via the City’s E Procurement

System by the designated date and time. All answers to inquiries, including requests for alternates or substitutions, 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. It is the responsibility of the interested bidder to ensure they have received addendum, if any issued. The Purchasing Director reserves the right to rule upon specification deviation in a manner as best befits the needs of the City. The Purchasing Director will reject all deviations that amount to material nonconformity with the specifications of the Bid Proposal.

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 of this bid and if rendering 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 Bid by notice effective when received by Bidder, as to stated items not yet shipped or services not yet rendered. The City will procure articles or service from other sources and hold the Bidder responsible for any excess cost incurred as provided for in Article 2 of the Uniform Commercial Code.

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

Bidder warrants that all services furnished hereunder will conform in all respects to the terms of the solicitation, including any drawings, specifications or standards incorporated herein, and that they will be free from latent and patent defects in materials, workmanship and title, and will be free from such defects in design. In addition, Bidder warrants that said goods and services are suitable for, and will perform in accordance with, the purposes for which they are purchased, fabricated, manufactured and designed or for such other purposes as are expressly specified in this solicitation.

11. CANCELLATION

The City reserves the right to cancel the whole or any part of the Bid if the Bidder fails to perform any of the provisions in the Bid or fails to make delivery within the time stated. The Bidder will not be liable to perform if situations arise by reason of strikes, acts of God or public enemy, acts of the City, fires or floods.

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

(c) $3,000,000 per occurrence for Environmental Liability

(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. 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.

21. 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.

22. 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 refuse in any way to conform to any of the provisions or conditions of the contract, then in that case, upon the written order of the City, the Bidder shall require said party or parties in default to discontinue Work under the contract. Said Work shall be corrected or made good and shall be continued and completed by the said Bidder or by such other party or parties as are approved by the City, in the manner and subject to all of the requirements specified in the contract.

23. GUARANTEE AND MAINTENANCE OF WORK

The Bidder shall guarantee the Work to be free from defects of any nature for a period of one year from and after the final acceptance and payment for the Work by the City, and the Bidder shall maintain said Work and shall make all needed repairs and/or replacements during this one year period which in the judgment of the

Council, may be necessary to insure the delivery of the Work to the City in first-class condition and in full conformity with the plans and specifications therefore, at the expiration of the guarantee period.

24. CONTRACT

The successful Bidder will be required to execute a contract within five (5) days after notice of award and receipt of the contract from the City and sign and deliver to the City all required copies of the contract. Failure on the part of the Bidder to execute the contract within five (5) days and provide the required evidence of insurance at, or before the execution of the contract, will be considered just cause for the annulment of the award of the Bid.

SCOPE OF WORK

1. Detailed Scope of Work

The City of Aurora is seeking a qualified contractor to remove three inactive underground storage tanks (UST's) at the former Central Maintenance Garage located at 720 N. Broadway. These tanks, which include one (1)

20,000-gallon diesel UST and two (2) 20,000-gallon gasoline UST's, shall be removed in accordance with the requirements of the Illinois Leaking Underground Storage Tank (LUST) Program as well as all pertinent federal and state guidelines and the Special Provisions (below) and Project Specifications (attached) contained herein.

Tanks like those to be removed typically have a diameter of 10 to 10.5 feet with lengths around 30 to 35 feet.

Bidders should assume the depth to the bottom of the tanks will be approximately 12 to 14 feet, putting the tanks right at or just above bedrock based on site history.

2. INDEX TO SPECIAL PROVISIONS

Provision Number Title

ADMINISTRATION

SP A.1 – ITEMS ORDERED BY ENGINEER

SP A.2 – RESPONSIBILITY OF WORK

SP A.3 – PUBLIC SAFETY AND CONVENIENCE

SP A.4 – COMPLETION DATE

SP A.5 – PERFORMANCE GUARANTEE OF WORK

SP A.6 – WORK DAYS AND HOURS

SP A.7 – INCIDENTAL WORK

SP A.8 – PRE-CONSTRUCTION MEETING

SP A.9 – NOTIFICATION

SP A.10 – CONTROL OF MATERIALS

SAFTEY

SP S.1 – TRAFFIC CONTROL AND PROTECTION

SP S.2 – RESPONSIBILITY FOR CONSTRUCTION SAFETY, SHORING AND CONSTRUCTION

METHODS

SP S.3 – LOCATION OF UTILITIES

HOUSEKEEPING/SOIL EROSION & SEDIMENT CONTROL

SP H.1 – SOIL EROSION CONTROL

SP H.2 – DUST CONTROL AND DIRT ON PAVEMENT

SP H.3 – CLEANING ALL STRUCTURES

SP H.4 – DISPOSAL OF DEBRIS AND EXCAVATED MATERIAL

SP H.5 – HAZARDOUS SPILL REMEDIATION

GENERAL

SP G.1 – MOBILIZATION

SP G.2 – WATER FOR CONSTRUCTION PURPOSES

SP G.3 – SURFACE RESTORATION

3. SPECIAL PROVISIONS - Administration

The following Special Provisions supplement the Instruction to Bidders, the City of Aurora General

Specifications, the Illinois Department of Transportation’s Standard Specifications For Road and Bridge

Construction (herein after called the Standard Specifications), the City of Aurora’s Standard Specifications for

Improvements, the Supplemental Specifications and Recurring Special Provisions, the Standard Specifications for Water And Sewer Main Construction in Illinois, Seventh Edition, the Standard Specifications for Traffic

Control Items, Part 890 of the Illinois Plumbing Code (77 IL Admin Code 890.1150) and the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways and the Illinois Supplement to the

National Manual on Uniform Traffic Control Devices in effect on the date of invitation for proposals. These special provisions apply to and govern the proposed improvement designated as the Central Garage

Underground Fuel Storage Tank Removal and in case of conflict with any part or parts of said specifications;

these Special Provisions shall take precedence and shall govern.

SP A.1 – ITEMS ORDERED BY ENGINEER

When additional work not included in the base bid of this Contract, is requested in writing by the Engineer, this additional work shall be measured and paid for in accordance with Sections 104 and 109 of the IDOT Standard

Specifications, as modified by these special provisions. This includes the disposal of contaminated materials encountered during excavation and any imported fill material needed to replace excavated materials which are determined to be contaminated and/or unsuitable for use as backfill (as directed by the Engineer).

Payment for all additional work ordered by the Engineer in writing, which is deemed by the Engineer to be eligible for payment and is not covered by the Contract, shall be made from the allowance included in the contract under ITEMS ORDERED BY ENGINEER. The Contractor shall not be entitled to any additional compensation in the event that utilization of this allowance, either in whole or in part, is not required to complete the work.

SP A.2 – RESPONSIBILITY OF WORK

During the progress of the work the Contractor shall assume total risk and liability, and will be responsible for any and all damages to the work, or to persons, or to public or private property caused by, or in any way resulting from doing the work, including actions of Subcontractors or Material Suppliers.

SP A.3 – PUBLIC SAFETY AND CONVENIENCE

The Contractor shall maintain driveways, entrances, and side roads along the proposed improvement to allow emergency and local vehicle access to all adjacent properties. This access should not allow the passage of non-local vehicular traffic, which should abide by the approved traffic control plan. Interference with traffic movements and inconvenience to abutting property owners and the public shall be kept to a minimum. The

Contractor shall also keep the sidewalk and curb ramps clear of debris and equipment whenever possible. The

Contractor shall maintain at least one lane open to traffic at all times for emergency vehicles on all streets affected by the construction of these improvements. Adequate use of flaggers and other traffic control devices shall be used to permit such arrangements during working hours. The Contractor shall remove and reinstall all street signs/posts in conflict with the proposed improvements and the Contractor will be responsible for the replacement of signs/posts damaged during this process. All signage required for the proper control of traffic

(i.e.: stop signs, yield signs, etc.) must be maintained on a temporary basis until the permanent sign can be reinstalled.

This work shall not be paid for separately but shall be considered incidental to the lump sum cost of the base bid.

SP A.4 – COMPLETION DATE

The Contractor agrees to execute a Contract and a contract bond satisfactory to and in the form prescribed by the City in the penal sum of the full amount of the contract, guaranteeing the faithful performance of the work in accordance with the terms of the contract within fifteen (15) days after Notice of Award of the Contract.

The Contractor further agrees to begin work no later than ten (10) calendar days after the execution and approval of the contract and Contract bond, unless otherwise provided, and to prosecute the work in such a manner and with sufficient materials, equipment, and labor as will ensure its completion within the time limit specified herein, it being understood and agreed that the completion within the time limit is an essential part of the Contract.

The Contractor shall schedule their construction operations in such a manner so as to meet the following completion deadlines:

• Obtain Substantial completion of the entire project by December 15, 2026 .

• Obtain Final completion of the entire project by December 30, 2026.

Substantially complete shall mean the completion of all work except for the installation of the final HMA surface and minor punch list items.

Final completion shall be obtained when all the work in all respects has been completed; including the final

HMA surface course, punch list work, and landscaping.

Special attention is called to Article 108.10 of the Standard Specifications for Road and Bridge Construction and shall be strictly adhered to in the event the Contractor fails to complete the project by the above-mentioned guidelines. Liquidated damages shall be assessed per Working Day for failure to meet the above deadlines.

The Contractor shall not discontinue progress towards the completion of the work until “Final

Completion” has been obtained. This provision will be strictly enforced whether or not the abovementioned completion deadlines are being met. The Contractor shall be assessed liquidated damages for every working day that work is not being performed on the project.

SP A.5 – PERFORMANCE GUARANTEE OF WORK

If after the approval of final payment for each class of work and prior to the expiration of 1 year after the date of approval of said final payment, or such longer period of time as may be prescribed by law or by terms of any applicable special guarantee required by the Contract Documents, any work is found to be defective, the

Contractor shall promptly, without cost to the City and in accordance with written directions of the City, remove it from the site and replace it with non-defective work to the satisfaction of the Engineer.

Failure of the Contractor to complete or to remedy defective work within a reasonable time (not to exceed 30 days of notice to Contractor in any event) shall be deemed a default and the City may take steps as it deems necessary to complete or remedy said work and charge the cost thereof to the Contractor.

SP A.6 – WORK DAYS AND HOURS

The Contractor shall not perform any work on City holidays (MLK Day, Juneteenth, & Veterans Day), Saturdays, or outside of regular working hours without prior written approval from the City. No work shall be done on Sundays or federal Holidays.

Regular working hours are between 7:00 AM and 3:30 PM, Monday through Friday.

If work is approved after regular working hours and Saturdays, the allowed working hours need to be agreed upon but shall be between 7:00 AM and 7:00 PM, Monday through Friday and between 8:00 AM and 5:00 PM on Saturdays

Equipment shall not be started before 6:45 AM.

SP A.7 – INCIDENTAL WORK

All work required to install the improvements shown or called for on the Plans and in the specifications, shall be incidental to the lump sum base bid cost in the proposal even though a specific item is not shown, and no additional compensation shall be made to the Contractor, unless it is indicated that additional payment will be allowed or a unit price is provided for said work in the Contract.

SP A.8 – PRE-CONSTRUCTION MEETING

A pre-construction meeting shall be held prior to start of construction after execution of the Contract

Documents. The Engineer shall establish the time and place of the pre-construction meeting. At the time of the meeting, the Contractor shall be required to furnish and/or discuss the following:

• Notify Engineer 7 days prior to the start of construction.

• Written progress schedule/Completion Deadline.

• Names of Subcontractors and Material Suppliers.

• Names of Project Manager and/or Field Supervisor, including the name and phone number of a responsible individual who can be reached twenty-four (24) hours per day, seven (7) days per week.

• Notifications

• Notify the Engineer 72 hours prior to the start of the project.

• General cleanup of the work site at the end of each day. The Contractor must have a water meter and hoses, or water truck on site prior to the start of excavation. Contractors and their sub-contractors will not be allowed to obtain water from private property.

• Granular trench backfill, method and equipment used for compaction.

• CCDD requirements

• Protection of existing pavement and placement of cold patch. The Contractor must be prepared to place temporary pavement within the same day of removing the existing pavement.

• Driveway access

• Landscape restoration

• A J.U.L.I.E status for the project site, scheduled by the Contractor, prior to commencement of any work.

Upon receipt of the Notice of Award, the Contractor shall prepare a traffic control plan and project schedule setting forth the hours and days of operation for each task required by the contract. The project schedule shall be reviewed, and revised as required, and submitted with each payment request and/or request for extension of time.

SP A.9 – NOTIFICATION

The Contractor shall notify the Engineer a minimum of seven (7) days prior to starting the project, and a minimum of two (2) working days (48 hours) prior to starting each different type of work.

SP A.10 – CONTROL OF MATERIALS

All material used shall meet the requirements of the Illinois Department of Transportation, the Standard

Specifications for Water and Sewer Main Construction in Illinois, the City of Aurora Standard Specifications for Improvements, and as outlined in these specifications.

All materials will be inspected, tested, and approved by the Engineer before incorporation into the work. The

Contractor shall provide the City with letters of certification from each supplier when requested.

Any work in which untested and unacceptable materials are used without approval or written permission from the Engineer shall be performed at the Contractor's risk and may be considered unacceptable and unauthorized and will not be paid for.

4. SAFTEY

SP S.1 – TRAFFIC CONTROL AND PROTECTION

Traffic control shall be in accordance with the applicable sections of the Standard Specifications for Road and

Bridge Construction, the Recurring Special Provisions and Supplemental Specifications, the Manual on

Uniform Traffic Control Devices for Streets and Highways and the Illinois Supplement to the National Manual on Uniform Traffic Control Devices, and any special details and Highway Standards contained herein and in the

Traffic Specifications or Highway Specifications. Special attention is called to Article 107.09 of the Standard

Specifications for Road and Bridge Construction.

The Contractor shall submit to the Engineer a Traffic Control Plan for approval by the Engineer. The Contractor shall adhere to the approved Traffic Control Plan. The Contractor shall obtain written approval from the

Engineer forty-eight (48) hours in advance of the implementation of any and all alterations or deviations from the Traffic Control Plan.

All orange signs used shall be fluorescent orange in color. Deteriorated, damaged, or signs with non-original material on the front surface will not be allowed.

Prior to the start of work the Contractor shall have a sufficient number of barricades, signs, and flaggers at the jobsite for the scheduled work. If satisfactory traffic control as determined by the Engineer is not in place, the

Engineer shall order the work to be halted. Traffic control devices shall not be removed without prior written notice and approval of the Engineer.

The Contractor shall obtain, erect, maintain, and remove all signs, barricades, flaggers, and other traffic control devices as may be necessary for the purposes of regulating, warning, or guiding traffic. The supplying, installation, and maintenance of traffic control and protection shall be paid for at the contract unit price per

LUMP SUM (LS) for TRAFFIC CONTROL AND PROTECTION.

SP S.2 – RESPONSIBILITY FOR CONSTRUCTION SAFETY, SHORING AND CONSTRUCTION

METHODS

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions for the safety of; and shall provide the necessary protection to…