Sealed bids will be received at the Purchasing Office, Peoria City Hall, Peoria, Illinois until

July 16, 2026 at 2:00 PM for the goods or services described herein.

IFB 11-26 Bituminous Materials (Hot Pour & Cold Patch)

Company Name ______________________________

INVITATION FOR BID

Issued By

CITY OF PEORIA

PURCHASING DIVISION

PEORIA CITY HALL

419 FULTON ST * ROOM 108

PEORIA, ILLINOIS 61602

PHONE (309) 494-8507 * FAX (309) 494-8510

City of Peoria

Finance Department – Purchasing

Division 419 Fulton St. Peoria, IL 61602

RFP Title: Bituminous Materials (Hot Pour

& Cold Patch)

IFB # 11-26

TABLE OF CONTENTS

SECTION 1: LEGAL NOTICE…………………………………………………………….….2

SECTION 2: GENERAL INSTRUCTIONS TO PROPOSERS……………………………….3

SECTION 3: CONTRACT TERMS………………………………………………………

SECTION 4: SCOPE OF WORK/SPECIFICATIONS…………...………………………….21

SECTION 5: RESPONSE REQUIREMENTS…………………......………………………...27

ATTACHMENT A: BID SIGNATURE PAGE

ATTACHMENT B: BID FORMS

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RFP Title: Bituminous Materials (Hot Pour

SECTION 1

LEGAL NOTICE

The City of Peoria is currently accepting bids for the following goods or services:

BITUMINOUS MATERIALS (HOT POUR & COLD PATCH)

IFB #11-26

1.1 OVERVIEW–The City of Peoria invites qualified firms to submit bids for the supply of bituminous materials in the estimated quantities provided in this IFB.

1.2 PRE-BID MEETING – No pre-bid meeting will be held for this solicitation.

1.3 BID OPENING – The City of Peoria will accept sealed bids at City Hall – Purchasing Division:

419 Fulton St. RM 108, Peoria, IL 61602, or electronically submitted bids until 2:00 PM July 16, 2026. The public is allowed to attend the opening in person. To view the Bid Opening remotely a link will be provided through the BidNet portal shortly before the scheduled bid opening.

1.4 BID DOCUMENTS – In order to view the bid documents, you must register on the City of Peoria online bid portal (BIDNET) at www.bidnet.com/cityofpeoria. For instructions on how to register you can click here.

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RFP Title: Bituminous Materials (Hot Pour

SECTION 2

GENERAL INSTRUCTIONS TO BIDDERS

2.1 BID SUBMISSION INFORMATION - There are two (2) options for bid submittal.

2.1.1 Hardcopy Option - Sealed bids – one (1) original and three (3) copies – will be accepted by the City of Peoria at the Peoria City Hall – Purchasing Division: 419 Fulton St. RM 108, Peoria, IL 61602, until 2:00 p.m. on July 16, 2026. Bids shall be mailed/dropped off in a sealed envelope or package with the bid title and bid number marked on the outside.

Please include your company name and return address on the outside of the envelope.

2.1.2 Electronic Option - Bids can also be submitted electronically through BidNet. Only one copy is needed. Please see Electronic Bid Submission Guidelines attached separately for additional information and instructions.

2.1.3 Bids received after the stated date and time will not be considered. Faxed bids will not be accepted. Bids will be opened and publicly recorded immediately following the closing time set for the receipt of bids.

2.2 ENVELOPE IDENTIFICATION - Bidders shall submit their response in a sealed envelope which shall be clearly labeled with the organization/individual name and address. Proposers should also indicate (IFB# and IFB Title) in the LOWER LEFT- HAND CORNER OF THEIR

ENVELOPE.

2.3 QUESTIONS - All questions regarding this solicitation must be submitted in writing. Questions should be submitted through BidNet. Proposers will receive notifications from BidNet when answers are posted through issuing addenda. Vendors may not contact any other City Departments or Staff with inquiries regarding this RFP.

2.4 ACCEPTANCE OF BIDS - The right is reserved, as the interest of the City may require, to reject any or all proposals and to waive any non-material informality or irregularity in the proposals received. All proposals will be in English. The City will award the proposals as described below or reject all bids within sixty (60) calendar days from the bid opening date.

2.5 ADDITIONAL COPIES OF SPECIFICATIONS - Bidders may secure additional copies of the

IFB from the City of Peoria Online Bid Portal.

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RFP Title: Bituminous Materials (Hot Pour

2.6 BIDNET DIRECT - Proposers must register as a vendor on the City of Peoria’s Online Bid Portal to access RFP Documents. There is no charge to register. To complete registration, go to www.bidnetdirect.com/cityofpeoria - click on “Vendor Registration” in the upper right corner of the page. Enter your company information, and when prompted, select the “Limited Access” option. If you have questions of problems while registering, please call the BidNet Support Team at 800- 835- 4603 for direct assistance.

2.7 CLOSING TIME - The RFP closing time will be based upon Central Standard Time or Central

Daylight Time, whichever is in effect on the date the RFP is due.

2.8 WITHDRAWAL OF PROPOSALS - Proposers may withdraw their responses at any time prior to the RFP closing time by telephone, fax, or written request. A telephone request must be confirmed in writing within 24 hours of the call and prior to closing time. No proposer shall withdraw their response for a period of sixty (60) calendar days from the RFP opening date.

Negligence on the part of the proposer in preparing a response to the RFP confers no right of withdrawal or modification of a proposal after it has been opened. No proposal will be opened, which has been received after the closing time specified in the RFP and it will be returned unopened to the proposer.

2.9 ALTERNATE PROPOSALS - The specifications describe the supplies and/or service which the

City feels are necessary to meet the performance requirements of the City. Proposers desiring to submit a proposal on items which deviate from these specifications, but which they believe to be equivalent, are requested to submit alternate proposals. However, ALTERNATE TENDERS MUST

BE CLEARLY INDICATED AS SUCH AND DEVIATIONS FROM THE APPLICABLE

SPECIFICATIONS PLAINLY NOTED. The proposal must be accompanied by complete specifications of the items offered.

2.10 AWARD - An award will be made to the lowest cost bid that is determined to be in the best interest of the City. The quality of the articles to be supplied, their conformity with specifications and their suitability to the requirements of the City and the delivery terms will be taken into consideration in making the award.

2.10.1 The City of Peoria reserves the right to award either single or multiple vendors.

2.10.2 The City reserves the right to waive technicalities and accept the Bid that best suits its needs.

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RFP Title: Bituminous Materials (Hot Pour

2.11 PRICES - Unit prices shall be shown for each unit on which there is a bid and shall include all packing, crating freight and shipping charges and cost of unloading supplies at destination unless otherwise stated in the bid response. All prices shall be stated in U.S. dollars. Unit prices shall not include any local, state, or federal taxes. In case of a mistake in extension of price, unit price shall govern. All prices must be typewritten or written in ink. No erasures are permitted. Mistakes must be crossed out and corrections typewritten or written in ink adjacent there to and initialed in ink by the party signing the Bid or his authorized representative.

2.12 SIGNATURES - Each Bid must be signed by the Bid with their usual signature. Bids by partnerships must be signed with the partnership name by one of the members of the partnership, or by an authorized representative, followed by the signature and title of the person signing. Bid responses by corporations must be signed with the name of the corporation, followed by the signature and title of person authorized to bind it on the matter. All signatures must be in ink.

2.12.1 By signing and submitting the response to this document, the Vendor/Supplier /

Consultant is certifying they have not been barred from bidding by Federal, State or

Local governments and have not been suspended or debarred from receiving federal funding.

2.13 INVESTIGATION - Proposers shall make all investigations necessary to thoroughly inform themselves regarding the supplies and/or service to be furnished in accordance with the Bid. No plea of ignorance by the Bid, of conditions that exist or that may hereafter exist because of failure or omission on the part of the Bid to make the necessary examinations and investigations, will be accepted as a basis for varying the requirements of the City or compensation to the Bid.

2.14 SAMPLES - Samples of items, when required, must be submitted within the time specified and at no expense to the City; and if not destroyed in testing, they will be returned at the proposer's request and expense. Samples, which are not requested for return within thirty (30) days, will become the property of the City.

2.15 RESPONSES – A response is requested of all proposers even if it is a “no bid.” Do not include any personal information such as social security numbers that the proposer wishes to keep confidential.

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RFP Title: Bituminous Materials (Hot Pour

2.16 IFB PROCESS – This process does not obligate the City to award a contract, or pay any cost incurred by the Vendor/Supplier /Consultant responding to this request. The City reserves the right to accept or reject any or all statements received because of this request. All information submitted in response to this request will become the property of the City. Please be aware that it is the City’s policy to not compensate a bidder for any time or expenses incurred during the selection and negotiation process.

2.17 LOCAL PURCHASING ORDINANCE- For purchases of $10,000.00 or greater, if:

2.17.1 The lowest bidding local vendor is a responsible bidder; and The lower-bidding responsible bidders are not local vendors; and The lowest bidding local vendor’s bid is higher than the non-local vendor by no more than three (3) percent, then that local vendor should be considered the lowest responsible bidder.

2.17.2 In case of a dispute regarding the application of this provision, the decision of the City

Manager or the Purchasing Agent acting for him/her shall be final.

2.17.3 For purposes of this subsection, a local vendor shall be one that sells goods or services to the public, either retail or wholesale, and owns or leases a physical, commercial business location, with on-site staffing and regular business hours, within the corporate limits of the

City of Peoria, Illinois. The provisions of this subsection shall not be applied to a contract if the funding source prohibits local preference by law.

2.18 SCHEDULE OF EVENTS – This schedule is tentative and subject to change at any time.

Bid Issued.....................................................................................................................June 22, 2026

Pre-Bid Meeting..........................................................................................................................N/A

Bid Opening...................................................................................................................July 16, 161,2026

Recommended Vendor(s) Presented to City Council for Approval……………….….July 28, 2026

Anticipated Project Start Date……………………………Within 30 days after Council approval

Version 03/10/2025

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RFP Title: Bituminous Materials (Hot Pour

SECTION 3

CONTRACT TERMS

3.1 COMPENSATION - The Supplier agrees to provide services, and the City agrees to compensate the Supplier for these Services in accordance with the attached rate sheet. There will be no overtime or premium hourly rate charges awarded. The City shall render payment within 30 days after receipt of an invoice, but in the event of any dispute as to any invoice, the City will pay the amount that is not in dispute and will undertake discussions and negotiations with Supplier to resolve any discrepancy or dispute in any invoice and will, upon resolution of any discrepancy or dispute, pay the agreed-upon amount as soon as reasonably possible. Supplier waives, to the extent allowed by law, the provisions of the Local Government Prompt Payment Act.

3.2 ACCESS AND AUDITS; PUBLIC RECORDS - Supplier shall maintain adequate records to justify all charges and costs incurred in performing the Services for at least three years after the completion of any Services under this Agreement. All invoices submitted are subject to audit and demand for refund of over payment up to three years following completion of all Services related to this Agreement. The City will have access to the books, record, and documents for the purpose of inspection or audit during normal business hours at Supplier ’s place of business.

3.2.1 If any examination or audit by the City or its agents determines misrepresentations of billable time or reimbursable expenses, then those misrepresentations will result in a recovery on any resulting overpayments. The Supplier will reimburse the City for all reasonable costs of recovery, including accounting and legal fees, court costs, and administrative expenses within thirty (30) days from receipt of City’s written notice.

3.2.2 Intentional misrepresentations of billable hours and of reimbursable expenses will be referred for criminal prosecution. The City will cooperate with the prosecution of any criminal referral under this section.

3.2.3 Supplier acknowledges that certain records generated under this Agreement may be subject to disclosure under the Illinois Freedom of Information Act (“FOIA”)(5 ILCS

140/). The Supplier agrees to cooperate with the City with and take all steps necessary concerning the timely disclosure of records in Supplier’s possession that may be disclosable under Section 7(2) of FOIA (5 ILCS 140/7(2). The Supplier will provide documents to comply with FOIA requests at no charge to the City beyond what the City recovers from the requester.

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RFP Title: Bituminous Materials (Hot Pour

3.3 STANDARD OF CARE - Supplier shall exercise the same degree of care, skill, and diligence in the performance of the Services as is provided by a professional of like experience, knowledge, and resources under similar circumstances.

3.3.1 Supplier shall, at no additional cost to the City, reperform services that fail to satisfy a standard of care that fails to meet the requirements of this Agreement.

3.4 AUTHORITY TO PRACTICE - Supplier represents that it shall employ only people duly licensed or registered in the appropriate category in responsible charge of all elements of the

Services for which Illinois Statutes require license or registration and further employ only well-qualified persons responsible for any elements of the Services, all subject to City approval.

3.5 COMPLIANCE WITH LAWS - In the performance of the contract, Supplier shall comply with applicable regulatory requirements, including federal, State of Illinois, special district, and local laws, rules, regulations, orders, codes, criteria, and standards in effect at the time services are rendered. Supplier must pay all required taxes and obtain all licenses, certificates, or other authorization required in connection with the performance of its obligation hereunder. Failure to do so may result in termination of this Agreement with Supplier. By entering into an Agreement with the City, Supplier represents that to the best of its knowledge, its employees and any subSupplier used in the performance of this Agreement meet City requirements and have not violated any City ordinance, code, state, federal, or local rules or regulations, and have not been subject to any debarment, suspension, or other disciplinary action by any government agency.

Additionally, if at any time the Supplier becomes aware of such information, it must immediately disclose it to the City.

3.6 CONFIDENTIALITY - Supplier shall hold confidential the business and technical information obtained or generated in the performance of the services under this Agreement and all information identified in writing by the City as confidential.

3.7 DOCUMENTS - All documents generated by the Supplier as the result of this Agreement, whether produced on paper or electronically and whether stored in paper form, electronically or by any other method, will become the property of the City upon completion or termination of the

Services and upon final payment to the Supplier. The Supplier is liable to the City for the cost of replacement for loss or damage of any documents belonging to the City while in possession or control of the Supplier .

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RFP Title: Bituminous Materials (Hot Pour

3.7.1 All project documents shall be produced by the Supplier and delivered to the City electronically in a format compatible and acceptable with the City. All files received are required to function in the chosen software environment without need for post-processing or any adjustments. Any supporting resource files or libraries shall be noted and provided with submission.

3.7.2 Supplier will not be liable for any damages, injury, or costs associated with the City’s use, modification or distribution of these documents for any purpose.

3.7.3 City shall indemnify and hold harmless the Supplier as to any modifications made by the City to the documents produced by the Supplier following delivery of the documents to the City.

3.8 COPYRIGHT - Supplier waives any action against the City to enforce Supplier ’s Copyright on documents produced and delivered to the City pursuant to this agreement.

3.9 USE OF CITY NAME OR LOGO - Supplier may publish the fact and nature of this engagement without further permission of the City. Supplier may not use the City’s name or logo in any advertisements without prior written City permission.

3.10 INSURANCE - During the term of this Agreement, Supplier shall, at all times and at its own cost, maintain insurance in the type and minimum amounts as follows:

3.10.1 General liability: Limits of at least $1,000,000 per occurrence, and not less than

$2,000,000 aggregate limit. General liability insurance must include the following:

• The City of Peoria, and its officers, officials, employees, agents, and volunteers, are to be named and covered as additional insureds as respects: liability arising out of the Supplier

’s work, including activities performed by or on behalf of the Supplier ; products and completed operations of the Supplier ; premises owned, leased, or used by the Supplier , or automobiles owned, leased, hired, or borrowed by the Supplier . The coverage shall contain no special limitations on the scope of protection afforded to the City of Peoria and its officers, officials, employees, agents and/or volunteers.

• The Supplier ’s insurance coverage shall be primary and non-contributory with respect to the City of Peoria and its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Peoria and/or on behalf of its officers, officials, employees, agents and/or volunteers shall be excess of the Supplier ’s insurance and shall not contribute to it.

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RFP Title: Bituminous Materials (Hot Pour

3.10.2 Professional liability: $1,000,000.00 for design errors and omissions per claim, $2,000,000 aggregate limit. Supplier shall provide continuing Professional Liability

Insurance to cover each project for a period of two years after the project is completed.

Insurance requirements may vary depending on projects as determined by the City

Engineer. The City may require a Supplier to provide a higher level of coverage for a specific project and time frame.

3.10.3 Workers’ compensation: Workers’ compensation insurance as required by the laws and regulations of the State of Illinois.

3.10.4 Automotive insurance. Combined single limits of at least $1,000,000 per occurrence, and not less than $2,000,000 general aggregate limit. Auto liability must include hired and non-owned autos.

3.10.5 Umbrella Liability with limits of not less than $1,000,000.00, to be in excess of all other coverages. Such coverage must be at least as broad as the primary coverages above, with any excess umbrella layers written on a strict following form basis over the primary coverage. This Section 13.1.5 does not pertain to Professional Liability insurance or Workers’ compensation insurance.

3.10.6 All policies, except policies for professional liability, must be written on an occurrence basis. All policies must be written with insurance carriers who are qualified to do business in the State of Illinois and who are rated A-VII or better in the latest Best’s

Key Rating Guide. All policies must be written on the most current Insurance Service

Office (ISO) or National Council on Compensation Insurance (NCCI) form or a manuscript form if coverage is broader than the ISO or NCCI form.

3.10.7 The City of Peoria and its officers and employees must be named as an additional insured party on the general liability policy, automobile liability policy, and umbrella policy. The City’s interest as an additional insured party must be on a primary and non-contributory basis on all policies and be noted as such on the insurance certificates.

3.10.8 Upon demand, the Supplier or Supplier must provide the City with a copy of each insurance policy maintained under §13.1. In addition, the Supplier or Supplier must provide the City with certificates of insurance showing evidence that the insurance policies required under §13.1 are in full force and effect and endorsing notification to the City at least 30 days’ notice prior to any cancellation or non-renewal. Any renewal

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RFP Title: Bituminous Materials (Hot Pour certificate of insurance must be automatically provided to the City at least 30 days prior to the policy expiration. If a self-insured retention or a deductible is maintained on any of the policies, then the amount of the retention or deductible is subject to approval by the City.

3.10.9 The Supplier represents that there is no conflict in coverage as disclosed between any certificate of insurance submitted to the City and the insurance policy. Nothing in this

§13 will be construed as a limitation of liability for the Supplier or any other Supplier.

3.11 INDEMNIFICATION - Indemnification for All Other Claims: The Supplier shall hold harmless, defend, and indemnify, for damages arising out of bodily injury, death and property damage, the

City, and the City’s officers elected officials, appointees and employees against claims, demands, actions and suits (including reasonable post-tender attorney’s fees and costs) brought against any of them arising from the Supplier ’s work or any of its subSupplier ’s work under this Agreement other than professional services.

3.11.1 Indemnification for Professional Liability Claims: For liability arising out of professional services, the Supplier shall indemnify but shall have no duty to defend the City and the

City’s officers, elected officials, appointees and employees against liability for damages for which they may be liable to the extent such damages are actually caused by the negligent acts, errors or omissions of Supplier , or any of its employees or subSupplier s negligent acts or omissions under this Agreement.

3.12 TERMINATION - Supplier may terminate this Agreement upon 30 days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the term of this Agreement through no fault of Supplier.

3.12.1 The City may terminate this Agreement with or without cause immediately upon written notice to Supplier.

3.12.2 Unless Supplier is in material breach of this Agreement, the City will pay Supplier for services rendered to the City’s satisfaction through the date of termination.

3.12.3 Upon receipt of a termination notice, and except as otherwise directed by the City, Supplier shall:

3.12.4 Stop work on the date and to the extent specified.

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3.12.5 Terminate and settle all orders and subcontracts related to the performance of the terminated Services.

• Transfer all Services in process, completed Services, and other material related to the terminated Services to the City, to include, but not limited to, investigations, preliminary designs, reports, studies, surveys, drawings, estimates and data.

• Continue and complete all parts of the Services that have not been terminated.

3.12.6 Supplier is responsible for all costs incurred by the City to enforce any provision of this

Agreement or to remedy any material breach by Supplier of this Agreement, including all reasonable court costs and reasonable attorneys’ fees.

3.13 BINDING AGREEMENT - The City and the Supplier each binds itself, its partners, successors, executors, administrators and assignees to each other party hereto in respect to all the covenants and Agreements herein and, except as above, neither the City nor the Supplier shall assign, sublet or transfer any part of his interest in this Agreement without the written consent of the other party hereto.

3.14 WAIVERS - The parties may waive any provision in this Agreement only by a writing executed by the party against whom the waiver is sought to be enforced.

3.14.1 No failure or delay in exercising any right or remedy or in requiring the satisfaction of any condition under this Agreement, operates as a waiver of any right, remedy, or condition.

3.14.2 A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver, once given, is not to be construed as a waiver on any future occasion or against any other person.

3.15 TIME FOR PERFORMANCE - Time is of the essence in this Agreement. If any date specified in this Agreement as a date for taking action falls on a day that is not a Business Day, then that action may be taken on the next Business Day. Supplier will begin work under the Agreement upon receipt of a fully executed copy of the applicable Work Order. City and Supplier are aware that many factors outside Supplier ’s control may affect its ability to complete the services to be provided under the Work Order and/or Agreement.

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3.16 FORCE MAJEURE - Neither the City nor Supplier will be in default of this Agreement if delays in or failure of performance is due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. “Uncontrollable Forces” means any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and that is beyond the reasonable control of the nonperforming party. It includes floods, earthquakes, storms, lightning, epidemics, war, riot, civil disturbance, sabotage, and governmental actions. It does not include labor disturbances or material shortages.

3.16.1 Neither party will, however, be excused from performance if nonperformance is due to forces that are preventable, removable, or remediable and that the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch.

3.16.2 The nonperforming party will, within a reasonable time of being prevented or delayed from performance by an Uncontrollable Force, give written notice to the other party describing the circumstances and Uncontrollable Forces preventing continued performance of the obligations of this Agreement.

3.17 CHOICE OF LAW; JURISDICTION - This Agreement will be governed by and construed in accordance with the laws of the State of Illinois.

3.17.1 Any litigation filed by Supplier or the City against the other party and involving this

Agreement must be filed in the Circuit Court of Peoria County, Illinois.

3.18 STATUS AS INDEPENDENT SUPPLIER - Supplier undertakes performance of the Services as an independent Supplier and will be wholly responsible for the methods of performance.

3.18.1 The City will have no right to supervise the methods used, but the City has the right to observe that performance.

3.18.2 Supplier shall not pledge the City’s credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. Supplier has no authority to speak for or bind the City in any manner.

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3.19 CONFLICT OF INTEREST - The Supplier represents that, to the best of its knowledge, (1) no

City employee or agent is interested in the business of the Supplier or this Agreement; (2) as of the date of this Agreement neither the Supplier nor any person employed or associated with the

Supplier has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither the Supplier nor any person employed by or associated with the Supplier shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement.

3.20 EQUAL EMPLOYMENT OPPORTUNITY - Supplier shall comply with all applicable equal employment opportunity statutes, regulations, and ordinances including but not limited to the

City’s ordinances prohibiting discrimination in employment (Sec. 17-116, et seq.) and rules and regulations of the City’s Fair Employment Commission (Sec. 17-26, et seq.); the Illinois Human

Rights Act (775 ILCS 5/101 et seq.), the Illinois Department of Human Rights (IDHR) Rules and

Regulations for Government Contracts (44 Ill. Admin. Code, Chapter X, Section 750), the

Discrimination in Public Contracts Act (775 ILCS 10/0.01 et seq.), Title VII of the Civil Rights

Act of 1964, as amended (§ 7, 42 U.S.C. § 2000e et seq.); the Age Discrimination in Employment

Act of 1967, as amended (29 USC §.621 et seq.); Title I of the Americans with Disabilities Act of

1990, as amended (42 USC 12111- 12117); the Equal Pay Act of 1963, as amended; and the

Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (38 USC

§§ 4301-4335)

3.20.1 Pursuant to IDHR’s Rules and Regulations and the City’s ordinances, the Supplier shall comply with the following terms and conditions during the performance of this

Agreement:

• Supplier will not discriminate against any employee, including apprentices, or applicant for employment, including training programs, because of race, color religion, sex, sexual orientation, gender identity, marital status, order of protection status, status as a survivor of domestic violence or human trafficking, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status, or unfavorable discharge from military service; and, further, that

Supplier will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any underutilization.

• If Supplier hires additional employees in order to perform this Agreement or any portion of this Agreement, Supplier will determine the availability (in accordance with Section 750) of minorities and women in the areas from which Supplier may reasonably recruit and will make a reasonable effort to hire for each job classification

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• In all solicitations and advertisements for employees placed by Supplier on its behalf, Supplier will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, gender identity, marital status, order of protection status, status as a survivor of domestic violence or human trafficking, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status, or an unfavorable discharge from military service.

• Supplier will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising the labor organization or representative of the Supplier’s obligations under the Illinois Human Rights Act and Section 750 of the Illinois Department of

Human Rights Rules and Regulations. If any labor organization or representative fails or refuses to cooperate with the Supplier in its efforts to comply with the Act and Part

750, Supplier will promptly notify the Illinois Department of Human Rights and the

City and will recruit employees from other sources when necessary to fulfill its obligations under the Agreement.

• Supplier will submit reports as required by Part 750, furnish all relevant information that may be requested by the Illinois Department of Human Rights or the City, and in all respects comply with the Act, the Department’s Rules and Regulations, and the

City’s ordinances.

• Supplier will permit access to all relevant books, records, accounts, and work sites by personnel of the City and the Illinois Department of Human Rights for purposes of investigation to ascertain compliance with the Act, IDHR’s Rules and Regulations, and City ordinances.

• Supplier will include verbatim or by reference the Equal Employment Opportunity

Clause (44 Ill. Admin. Code, Chapter X, Appendix A) in every agreement under which any portion of the Agreement obligations are undertaken or assumed, so that the provisions will be binding upon the subSupplier . In the same manner as with other provisions of this Agreement, Supplier will be liable for compliance with applicable provisions of this clause by subSupplier s. Further, Supplier will promptly notify the

City and the Illinois Department of Human Rights if any subSupplier fails or refuses to comply with the provisions of sections (a) through (f) of this paragraph. Supplier shall not utilize any subSupplier declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its

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• The Supplier represents that it has a written sexual harassment policy in full compliance with Section 2-105(A)(4) of the Illinois Human Rights Act, 775 ILCS

512- 105(A)(4).

• The Supplier shall obtain and maintain an EEO certification from the City. EEO certification is secured by completing and submitting, under notary seal, an Employer

Report Form CC-1 (with required sexual harassment policy attached) to the City’s

Equal Opportunity Office. Please note the Certificate of Compliance is valid for one

(1) year and must be renewed annually. The CC-1 form can be downloaded from the

City’s website at https://www.peoriagov.org/845/Forms-and-Downloads.

• In accordance with Chapter 17 of the Peoria Municipal Code, a fifty-dollar ($50.00) processing fee will be charged with each original submission of the Employer Report

Form CC-1 that results in an approved certificate as well as the Annual Renewal

Application. The only exception to payment of the processing fee is neighborhood associations.

• Although all SUPPLIER is encouraged to obtain Equal Employment Opportunity

Certification, SUPPLIER does not need an Equal Opportunity Certification to respond to a bid. The EEO Certification Number is only required prior to the award of the contract.

3.21 NON-SOLICITATION - The Supplier represents that it has not employed or retained any company or person other than bona fide employee working solely for the Supplier to solicit or secure the Supplier , and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Supplier any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of the

Agreement. For breach or violation of its representation, the City shall have the right to annul the

Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. The Supplier represents that it has no public or private interest and shall not acquire directly or indirectly any such interest which would conflict in any manner with the performance of their Services under the Agreement.

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3.22 EMPLOYEE/EMPLOYMENT RESTRICTIONS - The Supplier agrees, as a condition of accepting this Agreement with the City, that, for a period of one (1) year following completion of this Agreement, it shall be prohibited from hiring, directly or indirectly, any City employee or official who was involved, directly or indirectly in: (1) the selection and/or recommendation to select the Supplier for performance of this Agreement; (2) coordinating the efforts of the Supplier in the consummation or completion of this Agreement; or (3) monitoring or determining the performance of the Supplier . (Sec. 2-342.) The Supplier further acknowledges and agrees that, upon the City’s determination that a violation of this provision has occurred, the penalty imposed, at the sole discretion of the City, may include one or more of the following: (1) cancellation of any other Agreement(s) between the City and the Supplier ; (2) disqualification of the Supplier from bidding or being awarded future Agreements with the City for a period of two (2) years; and/or (3) payment of liquidated damages to the City in the amount of TWENTY FIVE THOUSANDS

DOLLARS ($25,000.00). This section shall not apply to any City Employee involved in the 2020-

2021 reduction in force, furlough or early retirement incentive offered by the city within 2020-

2021.

3.23 THIRD PARTIES - Nothing in this Agreement is intended to confer any right or remedy on any person other than the City and Supplier , nor is anything in this Agreement intended to affect or discharge any obligation or liability of any third persons to the City or to Supplier ,nor to give any such third person any right of action or subrogation against the City or Supplier .

3.24 NO PERSONAL LIABILITY - No Representative of the City is personally liable to Supplier for any obligation under the terms of this Agreement. No Supplier ’s individual employees, officers or directors shall be personally liable to City for any obligation under the terms of this Agreement.

3.25 AMENDMENTS - This Agreement may be amended only by a written agreement of the City and

Supplier that identifies itself as an amendment to this Agreement.

3.26 NOTICES -All notices, demands, requests, consents, approvals or other instruments required or permitted by this Agreement must be in writing and must be executed by the party or an officer, agent or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, by overnight courier, or by electronic mail, or as of the third day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as set forth in the introductory clause or as otherwise instructed by a party in writing.

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3.26.1 In lieu of other direction, notice to the City shall be provided to:

City Manager

419 Fulton Street

Peoria, IL 61602

3.27 AUTHORIZED REPRESENTATIVE - From time to time, Supplier shall designate an authorized representative who is responsible for communicating with the City on behalf of

Supplier and who, unless applicable laws require action by the board of directors, members, or manager of Supplier , has the authority to make or grant requests, demands, approvals, consents, agreements, and other action required or described in this Agreement for and on behalf of Supplier

3.27.1 The City Manager shall, from time to time, designate an authorized representative who is responsible for communicating with Supplier on behalf of the City. The City Manager, or his or her designee, has the authority to make or grant requests, demands, approvals, consents, agreements, and other action required or described in this Agreement for and on behalf of the City. Any amendment must be approved by the City Council.

3.28 DRAFTING CONVENTIONS – As follows:

3.28.1 The words “include,” “includes,” and “including” are to be read as if they were followed by the phrase “without limitation.”

3.28.2 The headings in this Agreement are provided for convenience only and do not affect its meaning.

3.28.3 Any reference to an agreement means that agreement as amended or supplemented, subject to any restrictions on amendment contained in that agreement.

3.28.4 Unless specified otherwise, any reference to a statute, ordinance, or regulation means that statute, ordinance, or regulation as amended or supplemented from time to time and any corresponding provisions of successor statutes, ordinances, or regulations.

3.28.5 All references to a time of day are references to the time in Peoria, Illinois.

3.28.6 The words “party” and “parties” refer only to a party to this Agreement named in the introductory clause.

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3.28.7 Each party has participated in negotiating and drafting this Agreement, so if any ambiguity or a question of intent or interpretation arises, this Agreement if to be construed as if the parties had drafted it jointly, as opposed to being constructed against a party because it was responsible for drafting one or more provisions of this Agreement.

3.29 SEVERABILITY - If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, then the remaining provisions remain in full force and effect if the essential terms and conditions of this Agreement for each party remain valid, binding, and enforceable

3.30 SURVIVING PROVISIONS - Any term of this Agreement that, by its nature, extends after the end of the agreement, whether by expiration or termination, remains in effect until fulfilled. All duties to indemnify under this agreement survive the expiration or termination of this agreement and remain effective until the resolution or expiration of any actual or potential claims or losses subject to the duty to indemnify.

3.31 FINAL AGREEMENT - This Agreement constitutes the final agreement between the parties. It is the complete and exclusive expression of the parties’ agreement on the matters contained in this

Agreement. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this

Agreement. The provisions of this Agreement may not be explained, supplemented, or qualified through evidence of prior trade usage or a prior course of dealing. In entering into this Agreement, neither party has relied upon any statement, representation, warranty, or agreement of the other party except for those expressly contained in this Agreement. There are no conditions precedent to the effectiveness of this Agreement other than those expressly stated in this Agreement.

3.32 COUNTERPARTS - This Agreement may be executed in two or more counterparts, each of which together will be deemed an original, but all of which, together, constitute the same instrument. If any signature is delivered by facsimile or by email of a “.pdf” format data file, then that signature creates a valid and binding obligation of that party with the same force and effect as if the facsimile or “.pdf” signature page was an original.

3.33 FURNISHING OF EQUIPMENT AND SUPPLIES -In some cases, the City shall provide all equipment and supplies necessary for the Supplier to complete the Scope of Work. Said equipment and supplies shall be provided at no cost to the Supplier and shall remain the property of the City.

The Supplier reserves the right to refuse use of any equipment deemed unsafe or unfit for purpose, and the City shall replace such items at no additional cost to the Supplier.

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Finance Department – Purchasing

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IFB # 11-26

SECTION 4:

SCOPE OF WORK/SPECIFICATIONS

4.1 OVERVIEW - It is the intent of the City of Peoria to solicit bids for Bituminous Materials, to be supplied and delivered to the Peoria Public Works Facility located at 3505 N Dries Lane, Peoria, IL 61604, or any specific project site within the City of Peoria. All materials under this item must meet the Illinois

Department of Transportation, Standard Specifications for Road and Bridge Construction adopted

January 1, 2012, along with the Recurring Special Provisions adopted January 1, 2015, and additional sections outlined in the specifications of this document. The quantities of materials shown in this proposal are estimated quantities required for maintenance purposes for the year 2026 and are approximate only. The actual amount ordered during the year of 2026 may be more or less than the awarded amount, and the City of Peoria makes no guarantee that the full amount shown on the proposal will be ordered.

4.2 DELIVERY - The supplier of these concrete materials shall be required to deliver to the City of Peoria in a timely manner. All delivery trucks and delivery vehicles will be in such condition to properly transport material to required locations. The delivery specifications for each material is listed below:

4.2.1 BITUMINOUS MIXTURE COMPLETE-QUOTATIONS FOB PLANT.

• In awarding this bid, the City of Peoria will determine the mileage from the yard to the Dries

Lane facility, and a multiplier of $0.50 per ton/mile will be added to the bid to determine the low bidder. Gallons will be converted to tons using the specific gravity of the material.

4.2.2 HOT POUR JOINT SEALER - QUOTATIONS FOB CITY YARD.

• The sealant is to be packaged in polyethylene bags and placed in boxes; box weight shall be less than 60 pounds. Boxes of sealant shall be palletized. The pallets are to be protected with a weatherproof covering. Other packaging arrangements may be acceptable but must be approved by the City of Peoria before shipment,

• The material shall be delivered only as ordered by the Superintendent of Public Services or his authorized agent. Normally a minimum order per delivery would be considered to be

10,000 pounds.

• The bidder, when submitting the quotations, shall include the material test data from the manufacturer’s testing laboratory and this lab must be acceptable with the Illinois

Department of Transportation's Bureau of Materials. Prior to the acceptance of the low quotes, the bidder will submit to the City of Peoria's designated testing lab a sample of sufficient size to conduct the necessary tests.

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IFB # 11-26

• All material shipped must have Illinois Department of Transportation inspection and certification, failure to comply will be cause for rejection of the product.

4.2.3 BITUMINOUS MIXTURE FOR MAINTENANCE USE

• In awarding this bid, the City of Peoria will determine the mileage from the yard to the Dries

Lane facility, and a multiplier of $0.50 per ton/mile will be added to the bid to determine the low bidder.

4.2.4 BITUMINOUS MATERIALS EMULSIFIED ASPHALT CRS-2.

• No materials will be shipped unless by specific order of the Director of Public Works or his authorized representative. The minimum order will be one load or approximately 5,500 gallons.

• Material will be delivered in transport tanks which are pump equipped. The delivery will be FOB to predetermined location within the corporate limits of the City of Peoria. These areas will not remain the same each load. Locations will be given at the time of ordering. Normally, one (1) load will be used daily. Necessary maps of the City will be furnished to the trucker.

Orders will be placed at approximately 4:00 P.M. the day prior to delivery.

• Demurrage will be paid if the City of Peoria causes the transport to be retained in excess of four (4) hours. Demurrage time is calculated from the ordered time of delivery or actual arrival time whichever is later. However, transports are normally unloaded and released within two (2) hours.

• It is the responsibility of the supplier to deliver the material at a temperature hot enough to allow the City to apply the oil at the temperatures required by the Standard Specifications.

• The City of Peoria will charge a "late arrival fine". If the transport truck is more than 15 minutes late. The rate charged will be the same as the current year's demurrage charge rate.

• Any necessary traffic control that is needed while the transport is being unloaded will be provided for by the City of Peoria at no cost to the supplier or the transport.

4.2.5 BITUMINOUS MATERIALS EMULSIFIED ASPHALT CRS-P

• Material will be delivered in transport tanks, which are pump equipped. The delivery will be

FOB to predetermined location within the corporate limits of the City of Peoria. These areas

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IFB # 11-26

will not remain the same each load. Locations will be given at the time of ordering. Normally, two (2) loads will be used daily. One (1) in the early AM. and one (1) at approximately noon.

Necessary maps of the City will be furnished to the trucker.