city of naperville 2026_Micro-surfacing_Program (1).pdf

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

26-010

2026 MICRO-SURFACING PROGRAM

RELEASE DATE: May 12, 2026

DEADLINE FOR QUESTIONS: May 27, 2026

RESPONSE DEADLINE: June 4, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

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

Invitation For Bid #26-010

Title: 2026 Micro-surfacing Program

Table Of Contents

1. Introduction

2. Instructions to Bidders

3. City of Naperville General Terms and Conditions

4. Scope of Work

5. Bid Worksheet

6. Bid Forms & Vendor Questionnaire

Attachments:

A - 2026.05.12_Executed_Proposal

B - Contractor Safety Orientation Checklist

C - Insurance Sample

Introduction

1. Timeline

Release Bid Date / Advertised: May 12, 2026

Question Submission Deadline: May 27, 2026, 12:00pm

Question Response Deadline: May 28, 2026, 12:00pm

Bid Opening: June 4, 2026, 2:00pm

2. Project Overview

The project involves micro-surfacing and thermoplastic pavement marking removal and replacement in various locations throughout the City of Naperville.

Title: 2026 Micro-surfacing Program

Bid No: 26-010

Bid Due Date/Time: Thursday, June 4, 2026, 2:00 pm

3. Electronic Bidding

This bid is being conducted ELECTRONICALLY. No hard copies will be accepted. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Draft Response" and follow the instructions to submit the electronic bid.

Incomplete submittals may be rejected as non-responsive. Infrequent or first-time users of electronic bidding are encouraged to upload their bid responses at least 24 hours prior to bid opening. The City is not responsible for submittal errors or incomplete bid submissions. Incomplete submittals may be rejected as non-responsive. Infrequent or first-time users of electronic bidding are encouraged to upload their bid responses at least 24 hours prior to bid opening. The City is not responsible for submittal errors or incomplete bid submissions.

All bids must be received prior to the Due Date and Time set forth above and on the cover page of this document. A Virtual Bid Opening will be conducted where all bids received will be publicly opened and read aloud immediately following the Due Date and Time. Bidders, their authorized agents, and interested parties are invited to join.

4. Virtual Bid Opening

To attend the Virtual Bid Opening on your computer or mobile app: Click here to join the meeting Or call in (audio only) +1 630-733-1095. Phone Conference ID: 544 648 857# approximately 5 minutes prior to the Due Date/Time. Attendees should join approximately 5 minutes prior to the Due

Date/Time.

Due at Bid Opening:

• Affidavit of Compliance

• Responsible Bidder Ordinance Form

• Bid Worksheet

• Bid Deposit (10% of Total Bid)

• References

• Subcontractor Bid Form

Due Before Award:

• Certificate of Insurance (with signed endorsements)

• Performance and Labor and Material bond

• Substance Abuse Prevention Program

Due within thirty (30) days of Award:

• Contractors Safety Checklist (before work begins)

If you choose not to respond, please select NO BID on https://procurement.opengov.com/portal/naperville.

5. Disclaimer Document Distribution

The City of Naperville Procurement Services and its e-Procurement

Portal https://procurement.opengov.com/portal/naperville are the only authorized sources of solicitation documents. Solicitation documents and forms obtained from any other source may be an incomplete set of documents. Reproduction of these documents without the express permission of the City of Naperville is prohibited.

Instructions to Bidders

The City of Naperville Procurement Services and its service provider OpenGov are the only authorized sources of bidding documents/proposal forms. Bidding documents/proposal forms obtained from any other source may be an incomplete set of documents. Reproduction of these documents without the express permission of the City of Naperville is prohibited.

1. Description of Work

Contractor shall perform all Work in accordance with this Contract. Contractor shall furnish all materials, equipment, tools, and labor which is reasonably and properly inferable and necessary for the proper completion of the Work, whether specifically indicated in this Contract. Program that maintains existing city streets by the following maintenance techniques: reconstruction, resurfacing, patching, micro-surfacing, and crack fill. Street resurfacing and reconstruction involves grinding and overlying, sidewalk and curb repair, and street replacement as warranted. Street patching involves mostly pothole repair. Microsurfacing reconditions existing streets with a very thin asphalt overlay.

2. Questions During the Bid Process

All questions concerning this bid shall be submitted in writing prior to the question due date. The deadline for questions is Wednesday, May 27, 2026 12:00 pm If required, a written response in the form of an addendum will be issued no later than Thursday, May 28, 2026 12:00 pm. No contact with the Transportation, Engineering, and Development | TEDshall be made during the bid process. Questions asked after the deadline are not guaranteed a response.

3. Terms and Conditions

The General Terms and Conditions as included in this bid specification.

4. Civic Access Portal for Vendors

The City of Naperville has developed a new portal for vendors to register and update existing information within Civic Access. The City of Naperville will only accept vendor forms from vendors currently working with the Procurement and/or Accounts Payable teams. It will allow you to:

• Register as a new vendor.

• Sign up for ACH payments.

• Update existing vendor information (e.g. new mailing address, new TIN/W9, new banking information).

How do I register?

1. To create an account, please visit the City of Naperville Civic Access portal.

2. Once you have created an account, submit your vendor information Accounts Payable –

Vendor Form Submission application. Vendors can find step-by-step instructions in the

Knowledge Center. An accounts payable staff member will verify your submission and follow up if there are any questions on your submission.

3. Please send an email message to FSDAccountsPayable@naperville.il.us for assistance if needed.

5. Insurance Requirement

A Certificate of Insurance and policy endorsements are required before the award of the contract. The Certificate of Insurance and policy endorsement must be consistent with the requirements in Section 39 of the City's General Terms and Conditions and Instructions.

6. Insurance with Additional Insured Requirement

Section 38 of the City of Naperville General Terms and Conditions and Instructions to Bidders is modified as follows:

(D) 1. The City of Naperville, and their officers, officials, employees and volunteers are to be covered as additional insured’s with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement to the Contractor’s insurance policy, or as a separate owner’s policy.

(E) 2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects to the City, and their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, Name, their officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

7. Performance and Payment Bonds

Prior to execution of the contract, the awarded contractor shall be required to obtain Performance and

Payment Bonds as per Section 18 in the General Terms and Conditions.

8. Illinois Prevailing Wage Act

This contract calls for the construction of a “public work” within the meaning of the Illinois Prevailing

Wage Act (820 ILCS 130/1-12 et seq.). Contractors and subcontractors shall comply with the requirements of the Illinois Prevailing Wage Act including, but not limited to, all wage requirements and notice and recordkeeping duties including paying laborers, workers and mechanics performing work under this contract no less than the currently prevailing rate of wages in the county where the work is performed and filing a copy of the certified payroll with the public body in charge of the project as well as the State; see link below for additional details.

The Contractor is advised that the Illinois Department of Labor (IDOL) revises the prevailing wage rates and the Contractor/subcontractor has an obligation to check the IDOL website for revisions to prevailing wage rates. For information regarding the current prevailing wage rates, please refer to the

DOL website: https://www2.illinois.gov/idol/laws-rules/conmed/pages/prevailing-wage-rates.aspx. If

IDOL revises the prevailing rates of wage during the term of the contract, the

Contractor/subcontractor is required to pay the then current prevailing rate of rages. Any increases in costs to the Contractor due to changes in the prevailing rate of wage during the term of any contract shall be at the expense of the Contractor and not at the expense of the Owner.

The Contractor shall defend and hold harmless the City, for any claim, suit or action, including costs of defense, expert witness and attorney fees, either at law, equity or in an administrative proceeding, arising from any alleged violation of the Prevailing Wage Act. The requirements of this Section shall survive the termination of the Agreement formed hereunder.

The Illinois Department of Labor (DOL) launched the Certified Transcript of Payroll Portal and contractors are now required to submit all of their certified payroll documentation to the State rather than local government agencies. Certified Payroll must have the bid number clearly identified. The link to the DOL portal is below:

https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/certifiedtranscriptofpayroll.aspx

9. Employment of Illinois Workers on Public Works Act

Contractor agrees to comply with the Employment of Illinois Workers on Public Works Act (30 ILCS

570/0.01 et seq.) and employ Illinois laborers if, at the time this contract is executed or during the term of this contract, there is excessive unemployment in Illinois as defined in the Act. To review the statute, please click on the link found here.

10. Substance Abuse Prevention on Public Works Projects Act

The successful bidder must be in compliance with State of Illinois HB-1855 (Public Act 095-0635), which amends the Prevailing Wage Act. Before an employer commences work on a public works project, the employer shall have in place a written program which meets or exceeds the program requirements in this Act, to be filed with the public body engaged in the construction of the public works and made available to the general public, for the prevention of substance abuse among its employees. The testing must be performed by a laboratory that is certified for Federal Workplace

Drug Testing Programs by the Substance Abuse and Mental Health Service Administration of the

U.S. Department of Health and Human Services.

11. Responsible Bidders Ordinance (RBO)

Section 1-9B of the Naperville Municipal Code requires that bidders for City of Naperville construction contracts in excess of $34,999.99 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 with a signed

Responsible Bidder Affidavit submitted with any bid.

12. Freedom of Information Act

Contractor acknowledges that the Freedom of lnformation Act, 5 ILCS 140/1 et seq. (the "ACT") places an obligation on the City to produce certain records that may be in possession of the

Contractor. Contractor shall comply with the retention and documentation requirements of the Local

Records Retention Act 50 ILCS 205/1 et seq. and the Act and shall maintain all records relating to this Agreement in compliance with the Local Records Retention Act (complying in all respects as if the Contractor was, in fact, the City). Upon notice from the City, Contractor shall review its records promptly and produce to the City within two business days of said notice from the City the required documents which are responsive to a request under the Act. If additional time is necessary to comply with the request, the Contractor may request the City to extend the time to do so, and the City will, if time and a basis for extension under the Act permits, consider such extensions. In the event

Contractor fails to produce the requested records or fails to produce the requested records within the time period required above and the City is assessed a fine, fee or penalty for failure to timely comply with Act do to Contractor’s actions, Contractor shall reimburse City for all fines, fee or penalties, including reasonable attorney’s fees, paid by the City.

13. Contractor Safety Orientation Checklist

Prior to the start of any work, the Contractor and the Jobsite Manager/Supervisor will be required to complete the City’s Contractor Safety Orientation Checklist at a pre-construction meeting. No work can begin until the completed form has been received and signed by the Jobsite Manager/Supervisor.

A sample of the Contractor Safety Orientation Checklist is included as part of the bid document.

14. Basis of Award (Unit Price)

The City of Naperville intends to award a contract to the responsible bidder submitting the lowest responsive bid. Lowest price shall be determined by the Total Bid amount listed on the Bid Worksheet resulting from multiplying the actual number of acceptable units by the unit price items incorporated into the work or service, all as set forth in bid worksheet. In addition, if requested within bid documents, the City may elect to include, within the Total Bid, any combination of additive, alternate, or optional Bid items for which the City determines funds will be available at the time of award. The

City will review and make adjustments associated with arithmetic errors to ascertain whether the order of bids is correct. In the event of arithmetic errors in any of the line items, the unit price will be the controlling factor to correct the arithmetic error. The City will not assume that the error exists in the unit price.

Bids submitted are offers only and the decision to accept or reject is a function of quality, reliability, capability, reputation, and expertise of the bidders. The City reserves the right to reject any and all bids or to waive any non-conformity in bids received whenever such rejection or waiver is in the best interests of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to satisfactorily perform a contract, has not completed contracts on time, or whom investigation shows is not in a position to perform the contract. The City of Naperville reserves the right to award individual bids to more than one vendor if it is deemed to be in the best interest of the City. The City reserves the right to increase or decrease the contract quantity without penalty from the contractor to the City.

City of Naperville General Terms and Conditions

1. General Terms and Conditions and Instructions to Bidders

THE GENERAL TERMS AND CONDITIONS WHICH FOLLOW APPLY TO ALL PURCHASES AND

BECOME A DEFINITE PART OF EACH FORMAL INVITATION TO BID, PURCHASE ORDER, OR

CONTRACT ISSUED BY THE CITY OF NAPERVILLE, UNLESS OTHERWISE SPECIFIED. BY

SUBMITTING A BID, THE BIDDER AGREES TO BE BOUND BY THESE TERMS AND

CONDITIONS. BIDDERS OR THEIR AUTHORIZED REPRESENTATIVES ARE EXPECTED TO

FULLY INFORM THEMSELVES OF THE CONDITIONS, REQUIREMENTS, AND SPECIFICATIONS

BEFORE SUBMITTING BIDS, FAILURE TO DO SO WILL BE AT THE BIDDER'S OWN RISK AND

HE CANNOT SECURE RELIEF ON THE PLEA OF ERROR.

2. BIDDING FORMS

Bids must be accompanied by an Affidavit of Compliance, provided in this package, and shall be submitted on the forms provided or in an identical format typed by the bidder, properly signed in the appropriate places, and submitted electronically via the City’s e-bidding service.

3. BID DEPOSIT

When a bid deposit is required as indicated on the Invitation to Bid, each bid must be accompanied by a bid bond signed by a surety company authorized to do business in Illinois. For construction projects the bid deposit shall be in an amount equal to at least 10% of the amount of the bid. Any bid deposit shall be in an amount equal as indicated in the Invitation to Bid.

4. SUBMISSION OF BIDS

This is an “electronic bid,” meaning that bids must be submitted via the City’s e-bidding service, OpenGov, in electronic format. All bids submitted must be received electronically via the City’s e-bidding service before the time specified for opening the bid. A link to the City’s e-bidding service is available on the City’s website at https://www.naperville.il.us/government/city-finances/purchasing-and-bids/.

Downloading documents and submitting bids requires registration with OpenGov. If you aren’t already a member, you can get a FREE SUBSCRIPTION to the City of Naperville account by going to https://procurement.opengov.com/signup. Any incomplete submittals may be rejected as non-responsive.

The Procurement Manager, or their designated agent, will decide when the specified time for the bid opening has arrived (as determined by the clock on the e-bidding system), and bids will be opened precisely at the assigned time. Formal sealed bids, amendments thereto, or requests for withdrawal of bids after the time specified for the bid opening will not be considered.

5. ADDENDUM

Bidders shall acknowledge the receipt of any addendum interpreting the specifications.

6. SAMPLES

Samples or drawings requested shall be delivered free of charge with the bid. Rejected samples shall be removed by the bidder at his own expense after the bid opening. Accepted samples will be retained during the life of the contract.

7. NO BID RESPONSE

In the event you cannot submit a bid, please submit the no bid section within the City’s e-procurement platform.

8. QUESTIONS

All questions concerning the bid shall be submitted to the Procurement Services Team. Questions requiring a clarification or interpretation of the specifications shall be submitted to the Procurement

Department in writing at least five working days prior to the bid opening so that the Procurement

Department can issue a written response to all bidders in the form of an addendum. Whenever the answer to a question is contained in the bid documents, the bidder shall be directed to the provision in the specifications which responds to the question. The City of Naperville, Illinois will not be responsible for any other explanation of the specifications made prior to the receipt of bids.

9. ALTERNATE PROPOSALS

Unless the proposal form states that an alternate proposal is permissible, each vendor may submit only ONE proposal. If an unsolicited alternate is included in the bid, only the first proposal seen by the

City will be read and considered.

10. PARTY INTERESTED IN MORE THAN ONE BID

A party who has quoted prices for work, materials, or supplies to a bidder is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the work, materials, or supplies.

11. BIDS BINDING FOR 90 DAYS

Unless otherwise specified in the specifications, all formal bids submitted shall be binding for ninety

(90) calendar days following date of opening.

12. WITHDRAWAL OF BIDS

A written request for the withdrawal of a bid will be granted if the request is received by the City prior to the specified time of opening.

13. BIDDERS INVITED TO BID OPENING:

At the time assigned for the opening of formal bids, the bids will be opened and read aloud. Bidders are encouraged to attend all openings and to offer constructive suggestions for improvements to the bid format or any way in which greater savings can be realized in future bidding opportunities.

14. CRITERIA FOR AWARDING BID/ RESERVATION OF RIGHTS

The contract will be awarded to the lowest responsible bidder, or any other bidder determined by the

City Council to be in the best interest of the City, who complies with all the provisions of the invitation to bid. The City reserves the right to reject any or all bids or to waive any non-conformity in bids received whenever such rejection or waiver is in the best interests of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to satisfactorily perform a contract, has not completed contracts on time, or who investigation shows is not in a position to perform the contract.

In determining responsibility, the following qualifications will be considered by the City:

(a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;

(b) Whether the bidder can perform the contract or provide service promptly, or within the time specified, without delay or interference;

(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(d) The quality of performance of previous contracts or services;

(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

(f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

(g) The quality, availability, and adaptability of the supplies or contractual services to the particular use required;

(h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

(i) Bidder's record of experience in construction improvements of the size and type required in the bid specifications;

(j) Lowest bids received including discounts for cash payments.

15. NOTICE OF AWARD

The City will accept in writing one of the proposals, within ninety (90) days from the date of opening of bids, or the time specified within the specifications, unless the lowest responsible bidder extends the time of acceptance to the City. Notice of Award will be posted on OpenGov, our e-bidding site, for all bidders within the time for acceptance specified in the Invitation to Bid.

16. AWARD OF ALL OR PART

Unless otherwise specified by the City, the City reserves the right to make an award on all items, or on any of the items according to the best interests of the City. Bidder may restrict his bid to consideration in the aggregate by so stating but must name a unit price on each item bid upon. The

City reserves the right to accept or reject any bid in which the bidder names a total price for all the articles without quoting a price on each and every item.

17. REGISTRATION REQUIRED

Companies awarded bids should be registered to do business in the State of Illinois. The

Procurement Department may verify status with the State by calling 217-782-7880 prior to awarding contract.

18. VETERANS PREFERENCE ACT

In the event of a tie, the City will give preference according to the Veterans Preference Act; Illinois

Revised Statutes, Chapter 126-1/2, Section 23, Effective July 1, 1935 as amended September 6, 1990; In the employment and appointment to fill positions in the construction, addition to, or alteration of all public works undertaken or contracted for by the State, or by any political subdivision there, preference shall be given to persons who have been members of the armed forces of the United

States or who, while citizens of the United States, were members of the armed forces of allies of the

United States in time of hostilities with a foreign country, and have served under one or more of the following conditions:

(1) The veteran served a total of at least six months, or

(2) The veteran served for the duration of hostilities regardless of the length of engagement, or

(3) The veteran served in the theater of operations but was discharged on the basis of hardship, or

(4) The veteran was released from active duty because of a service connected disability and was honorably discharged. But such preference shall be given only to those persons who are found to possess the business capacity necessary for the proper discharge of the duties of such employment.

No political subdivision or person contracting for such public works is required to give preference to veterans, not residents of such districts, over residents thereof who are not veterans.

19. EXECUTION OF A PERFORMANCE BOND AND PAYMENT (LABOR AND MATERIALS)

BOND

When noted in the specifications, the City reserves the right to require the successful bidder to supply a Performance Bond and a Labor and Materials Bond within ten (10) calendar days of acceptance of the bidder's proposal by the City. The bonds, unless otherwise specified by the Procurement

Manager, shall be 100% of the total contract price.

20. FAILURE TO FURNISH BOND

In the event that the bidder fails to furnish the above mentioned bonds within ten (10) calendar days after acceptance of bid by the City, then the bid deposit of the bidder shall be retained by the City as liquidated damages, it being now agreed that said sum is a fair estimate of the amount of damages that said City will sustain due to the bidder's failure to furnish said bonds.

21. FORMAL SPECIFICATIONS

When a formal, numbered specification is referred to in this invitation, no deviation from that specification will be permitted.

22. TRADE NAME USED BY CITY

Any reference in the City's specifications to a manufacturer's catalog number is descriptive, not restrictive, indicating articles that are satisfactory. Bids on other makes and catalogs will be considered, provided the bidder clearly states on the face of his proposal exactly what he proposes to furnish; or forwards with his bid, a cut, illustration, or other descriptive matter which will clearly indicate the character of the article covered by his bid.

23. TRADE NAME USED BY BIDDER

Where the bidder identifies an item by manufacturer's name, trade name, catalog number, or reference, the bidder shall furnish the item so identified and shall not propose to furnish an "equal" unless the proposed "equal" is definitely indicated within the bid.

24. PROPOSED EQUIVALENTS

The Procurement Manager hereby reserves the right to approve as an equal, or to reject as not being equal, any article the bidder proposed to furnish which contains major or minor variations from specifications requirements, but which may comply substantially therewith.

If no particular brand, model, or make is specified, and if no data are required to be submitted with the bid, the specifications may require the bidder to submit working drawings or detailed descriptive data sufficient for the City to determine if each requirement of the specifications is being complied with prior to manufacture or shipment.

25. NET PRICES

Bid prices, unless otherwise specified in the specifications, must be net, including transportation and handling charges fully prepaid by the contractor to delivery point. All prices are subject to Net 30 on commodities, rentals and services unless otherwise specified. Term #24 does not include construction contracts.

Prices must be a firm monetary figure for the cost of the commodity, service, or project. In the event the City invites bids for the purchase of any item or real property, the City shall not accept a bid which is based upon any other bid, contract, or reference to any other document or numbers not included in the bidder’s bid documents.

26. TAX EXEMPTION

Sales to the City of Naperville are exempt from state and local retailers' occupation tax, state and local service occupational tax, use tax, and service use tax pursuant to Rule No. 40 of the Illinois

Retailers Occupation Tax Rules issued April 15, 1965. Our tax exemption number is E9997-4398-07.

27. ERRORS IN BID PRICES

When an error is made in extending total prices, the unit bid price will govern.

28. SPECIFIC BID QUANTITIES

Where quantities are specifically stated, acceptance will bind the City to order and pay for, at contract prices, all such supplies or services delivered that meet the specifications and conditions of the contract.

29. REQUIREMENTS OR ESTIMATED BID QUANTITIES

On "Requirements or Estimated Bid Quantities," acceptance will bind the City to pay for, at unit bid prices, only quantities ordered and delivered. Any reference to forecasted or estimated quantities within the bidding documents is intended to inform the bidder of approximate annual requirements.

The City may purchase as little as zero percent (0%) or exceed as much as one hundred percent

(100%) of the forecasted or estimated quantities.

30. PLACING OF ORDER

Orders against contracts will be placed with the Contractor on a Purchase Order executed and released by the Procurement Manager. Telephonic orders placed directly with the Contractor by the ordering department may be authorized by the Procurement Manager only after execution of an Open

End or Blanket Purchase Order.

31. RESPONSIBILITY FOR MATERIALS SHIPPED

The successful bidder shall be responsible for the materials or supplies covered by this contract until they are delivered at the designated point. Rejected materials or supplies must be removed by and at the expense of the contractor promptly after notification or rejection.

32. DELIVERY FAILURES

Failures of a Contractor to deliver within the time specified, or within a reasonable time as interpreted by the Procurement Manager, or failure to make replacement of rejected articles when so requested, immediately or as directed by the Procurement Manager, shall constitute authority for the

Procurement Manager to purchase in the open market articles of comparable grade to replace the articles rejected or not delivered. On all such purchases, either: (1) the Contractor shall reimburse the

City, within a reasonable time specified by the Procurement Manager, for any expense incurred in excess of contract prices; or (2) the City may deduct such amount from monies owed the defaulting

Contractor. Such purchases shall be deducted from contract quantities. Should public necessity demand it, the City reserves the right to use or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Procurement Manager.

33. PACKAGING AND CONTAINERS

Unless otherwise specified, goods shall be delivered in commercial packages in standard commercial containers, so constructed as to insure acceptance by common or other carrier for safe transportation, at the lowest rate, to the point of delivery. Containers become the property of the City unless otherwise specified by bidder in his bid.

34. INSPECTION OF GOODS

Inspections and acceptance of materials or supplies will be made after delivery. Final inspection shall be conclusive except as regards latent defects, fraud, or such gross mistakes as to amount to fraud.

Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable. All delivered materials shall be accepted subject to inspection and physical count.

35. PACKING SLIPS OR DELIVERY TICKETS

All shipments or deliveries shall be accompanied by packing slips or delivery tickets and shall contain the following information for each item delivered:

Purchase Order Number

Quantity Ordered

Name of the Article

Stock Number

Quantity Shipped

Name of the Contractor

Quantity Back Ordered

36. PAYMENT TERMS

The City of Naperville’s payment terms are net 30. The payment date will be calculated based on the invoice receipt date or delivery date, whichever is later. All payments shall be made with electronic payment transfer.

Payment:

All invoices shall be addressed to Accounts Payable, City of Naperville, P.O. Box 3020, Naperville, Illinois, 60566-7020, as indicated on the front of this purchase order and must include vendor’s name and phone number, and clearly list quantities, item descriptions and units of measure.

37. GENERAL GUARANTY

Contractor agrees to:

(a) Save the City, its agents, and employees harmless from liability of any nature or kind for the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance furnished or used in the performance of the contract which the Contractor is not the patentee, assignee, licensee, or owner; and

(b) Protect the City against latent defects in materials or workmanship and to repair or replace any articles damaged or marred in transit or during delivery; and

(c) Pay for all permits, licenses, and fees and give all notices and to comply with all laws, ordinances, and rules of the City and the State of Illinois.

38. WARRANTIES

Unless otherwise specified, the Contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished by him FOR A PERIOD OF ONE YEAR from date of delivery and installation if required unless otherwise specified in the specifications. If within the guarantee period, any defects or signs of deterioration are noted which, in the opinion of the City, are due to faulty design and installation, workmanship, or materials, the City shall notify the Contractor. At the Contractor's expense, the Contractor shall repair or adjust the equipment or parts to correct the condition or replace the part or entire unit to the complete satisfaction of the City.

39. INSURANCE

At the Contractor's expense, the Contractor shall procure and maintain in effect throughout the duration of this contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

The Contractor must furnish Certificates of Insurance to the City before staff recommends award of the contract to City Council. If 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. All insurance policies shall be written with insurance companies licensed to do business in the State of

Illinois and having a rating of not less than A: VII according to the A.M. Best Company. Should any of the insurance policies be canceled before the expiration date, the issuing company will mail 30 days written notice to the City. The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.

Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

The limits of liability for the insurance required shall provide coverage for not less than the following amounts, or greater where required by law. If the Contractor maintains higher limits than the minimums shown below, the City shall be entitled to coverage for higher limits maintained by the contractor.

(A) Commercial General Liability:

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) and include Premise/Operations, Products/Completed

Operations, Independent Contractors, Contractual and Personal Injury/Advertising Injury.

Limits:

General Aggregate $2,000,000.00

Products/Completed Operations $2,000,000.00

Each Occurrence $2,000,000.00

Personal Injury $2,000,000.00

(B) Automobile Liability:

Coverage shall be at least as broad as Insurance Services Office Form CA 00 01 to include all

Owned, Hired, Non-owned vehicles.

Limits:

Combined Single Limit Per Accident $2,000,000

(C) Workers’ Compensation:

Coverage shall be as required by the State of Illinois, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

(D) Employers’ Liability

Limits:

Each Accident $1,000,000

Each Employee Bodily Injury by Disease $1,000,000

Policy Limit Bodily Injury by Disease $1,000,000

(E) Other Insurance Provisions

The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as insured’s with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the

Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement to the Contractor’s insurance policy, or as a separate owner’s policy.

2. For any claims related to this project, the Contactor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the

Contractor’s insurance and shall not contribute with it.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

The Contractor understands that the acceptance of Certificates of Insurance, policies and any other documents by the City in no way releases the contractor from the requirements set forth herein.

40. DAMAGES/INDEMNIFICATION

The Contractor shall defend, indemnify, and hold harmless the City and its officers, agents and employees, from any and all liability, losses or damages as a result of claims, demands, suits, actions, or proceedings of any kind of nature,, including but not limited to costs and fees, including reasonable attorney’s fees, resulting from any negligent or willful act or omission on the part of the

Contractor or Contractor’s subcontractors, subconsultants, or sub-vendors, or their respective employees, agents and representatives, during the performance of this Agreement, including without limitation, failure to comply with all applicable federal, state, and local laws, rules, ordinances, regulations, orders, federal circulars and all license and permit requirements. Such defense, indemnification, and hold harmless provisions shall not be limited by reason of any insurance coverage provided for herein. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them in which case the Contractor shall be liable for the reasonable cost, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Government and

Governmental Employees Tort Immunity Act, 745 ILCS 10/1-102 et seq. The provisions of this paragraph shall survive completion, expiration or termination of this Agreement.

41. CERCLA INDEMNIFICATION

The Contractor shall, to the maximum extent permitted by law, indemnify, defend, and hold harmless the City, its officers, employees, agents, and attorneys from and against any and all liability, including without limitation, costs of response, removal, remediation, investigation, property damage, personal injury, damage to natural resources, health assessments, health settlements, attorneys' fees, and other related transaction costs arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C.A. Sec. 9601, et seq., as amended, and all other applicable statutes, regulations, ordinances, and under common law for any release or threatened release of the waste material collected by the Contractor, both before and after its disposal.

42. ASSIGNMENT

Assignment of this contract or any part thereof, or any funds to be received there under by the

Contractor shall be subject to the approval of the City of Naperville.

43. TERMINATION OF CONTRACTS

Contracts will remain in force for full periods and until all articles ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall have been met, unless:

A. Terminated prior to expiration date by satisfactory deliveries of entire contract requirements.

B. Extended upon written authorization of the Procurement Manager and accepted by

Contractor, to permit ordering of unordered balances or additional quantities at contract prices and in accordance with contract terms.

44. DEFAULT

The contract may be canceled or annulled by the City Council in whole or in part by written notice of default to the Contractor upon non-performance or violation of contract terms. Upon receipt of such notice, the Contractor shall have fourteen (14) days with in which to cure any default or violation. If the default or violation is not cured with in the specified time an award may be made to the next lowest Bidder, or articles specified may be purchased on the open market. In either event, the defaulting Contractor (or his surety) shall be liable to the City for costs incurred by the City in excess of the defaulted contract prices. However, the Contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause.

45. MATERIAL SAFETY DATA SHEETS

It is a federal law that chemical manufacturers and importers must develop an MSDS for each hazardous chemical they produce or import and must provide the MSDS automatically at the time of the initial shipment of a hazardous chemical to a downstream distributor or user, or anytime the chemical makeup of the product is changed. Distributors must also ensure that downstream employers are similarly provided an MSDS.

Vendors who are awarded this contract, and if the above paragraph applies to this bid, must submit

Material Data Sheets which include information regarding the specific chemical identity of the hazardous chemical(s) involved and the common names. In addition, information must be provided on the physical and chemical characteristics of the hazardous chemical; known acute and chronic health effects and related health information; exposure limits; whether the chemical is considered to be a carcinogen by NTP, IARC, or OSHA; precautionary measures; emergency and first-aid procedures; and the identification of the organization responsible for preparing the sheet.

46. COMPLIANCE WITH THE LAW

The Contractor and Contractor’s employees, agents, subconsultants and subcontractors shall comply with all applicable federal, state and local laws, rules, ordinances, regulations, orders, federal circulars and license and permit requirement in the performance of any Contract pursuant to this bid, including, without limitation and to the extent applicable, the Illinois Prevailing Wage Act, the federal

Davis-Bacon Act, and the Employment of Illinois Workers on Public Works Act. The Contractor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes.

47. LAWS GOVERNING

This contract shall be governed by and construed according to the laws of the State of Illinois except that sections 2 through 8 of the Local Government Prompt Payment Act (50 ILCS 505/2-8) shall not be applicable. Venue for any action related to this agreement shall be in the Circuit Court for the 18th

Judicial Circuit, DuPage County, Illinois.

48. PREVAILING WAGES

If this contract calls for the construction of a “public work”, within the meaning of the Illinois Prevailing

Wage Act, 820 ILCS 130/.01et seq. (“the Act”), the Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the

“prevailing rate of wages” (hourly cash wages plus fringe benefits) in the county where the work is performed. For information regarding current prevailing wage rates, please refer to the Illinois

Department of Labor’s website at:

https://www2.illinois.gov/idol/laws-rules/conmed/pages/prevailing-wage-rates.aspx. All contractors and subcontractors rendering services under this contract must comply with all requirements of the

Act, including but not limited to, all wage, notice and record keeping duties.

Pursuant to PA 100-1177 and in accordance with 820 ILCS 130/5.1, Contractors shall submit to the

Illinois Department of Labor (IDOL) all certified payroll records for prevailing wage work performed by contractor employees or subcontractors. IDOL is charged with developing and maintaining an online portal for prevailing wage construction contractors to file their certified payrolls. The portal may be accessed by visiting https://www2.illinois.gov/idol/Laws-

Rules/CONMED/Pages/CertifiedTranscriptOfPayroll.aspx.

49. NON-RESIDENT EXECUTIVE AND TECHNICAL EXPERTS

Every contractor on a public works project or improvement or hazardous waste clean-up and on-site disposal project in this State may place on such work no more than 3, or 6 in the case of a hazardous waste clean-up and on-site disposal project, of his regularly employed non-resident executive and technical experts, even though they do not qualify as Illinois laborers as defined in Section 1 of Article

2 of this Act.

50. FORCE MAJEURE

Whenever a period of time is provided for in this Agreement for either the CITY or Contractor to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform due to causes beyond the control of said party such as war, riot, strike or lockout by or against either party’s own employees or suppliers, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado or any act of God; provided, however, that said time period shall be extended for only the actual amount of time said party is so delayed. Except as to a strike or lockout by or against either party’s own employees or suppliers, an act or omission shall not be deemed to be “beyond Contractor’s control” if committed, omitted or caused by Contractor, Contractor’s employees, officers or agents or a subsidiary, affiliate or parent of Contractor or by any corporation or other business entity that holds a controlling interest in Contractor, whether held directly or indirectly.

51. ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS

The order of precedence of the component contract parts shall be as follows:

1. Addenda if any.

2. Project Specific Instructions to Bidders.

3. Project Specific Supplementary Conditions to Project Specific General Conditions.

4. Project Specific General Conditions.

5. City of Naperville General Terms and Conditions and Instruction to Bidders.

6. Special Conditions, Detailed Specifications and Special Provisions.

7. Plans or City drawings.

8. Standard Specifications of the City, State, or Federal Government.

9. Performance Bond, if required.

The foregoing order of precedence shall govern the interpretation of the contract in all cases of conflict or inconsistency therein, except as may be otherwise expressly provided by the City.

In addition, in the case of a conflict between any term or provision contained in the contract documents which cannot be resolved by the order of precedence set forth above, the term or condition that is more stringent and/or specific shall govern and apply.

52. RETENTION AND EXAMINATION OF INFORMATION, BOOKS AND RECORDS

The Contractor shall cooperate with the City and provide the City, when requested, with access to data, information and documentation pertaining to the work. City requests for information may be based on requests from federal or state regulatory agencies, other governmental agencies, courts of law, consultants hired by the City or other parties, which in the City’s opinion, require the information.

Data, information and documentation will include, but not be limited to, original estimate files, change order estimate files and detailed worksheets; subcontract and supplier proposals for both successful and unsuccessful bidders; all project related correspondence; subcontractor and supplier change order files (including detailed documentation covering negotiated settlements); back-charge logs and supporting documentation; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates, or dividends received; and any other supporting evidence necessary to substantiate charges related to the contract (both direct and indirect costs, including overhead allocations as they may apply to costs associated with the contract).

The Contractor will provide the City with copies of all requested records in a computer-readable format (if available) as well as hard copy.

The Contractor shall retain and preserve all information relating to the work for a period of at least four (4) years from the date of the completion of the work.

The City will have the right to audit any records necessary to permit evaluation and verification of contractor compliance with contract requirements throughout the term of the…