city of springfield residential landscape waste collection services.pdf

Agenda No. __________________

Ordinance No. ________________

CITY OF

Springfield ILLINOIS

CONTRACT BOOK

SECTION I -- INTRODUCTION SECTION V: -- PRICING

SECTION II -- INSTRUCTIONS TO BIDDERS SECTION VI: -- CERTIFICATIONS

SECTION III -- SCOPE OF CONTRACT SECTION VII: -- ADDENDA

SECTION IV -- TERMS & CONDITIONS SECTION VIII: -- CONTRACT

MISTY BUSCHER, MAYOR

CONTRACT INDEX NO: RFP PW27-16

CONTRACT NAME: Residential Landscape Waste Collection Services

NAME OF BIDDER:

ADDRESS OF BIDDER:

CITY OF SPRINGFIELD, ILLINOIS

300 S. SEVENTH STREET,

ROOM #200

SPRINGFIELD, ILLINOIS 62701

SECTION I

1. INTRODUCTION

1.1 Summary

The City of Springfield, Illinois ("City") is accepting sealed bids for the Residential

Landscape Waste Collection Services. Bids must be submitted via the City's Bid Portal by

Thursday, July 23, 2026, at 3:00 p.m. local time.

Department: Department of Public Works

Bid Security: N/A

1.2 Background

Springfield, the capital city of Illinois and seat of Sangamon County, has a population of

114,394 as of the 2020 census. The city's economy is driven by government agencies, healthcare, and medicine, with historical significance as the home of Abraham Lincoln from

1837 to 1861. Key attractions include the Abraham Lincoln Presidential Library and Museum, Lincoln Home, Old State Capitol, Lincoln-Herndon Law Offices, Lincoln Tomb, and historic

Route 66.

1.3 Contact Information

Purchasing Agent Email: Purchasing@springfield.il.us

300 S. Seventh Street Phone: (217) 789-2191

Springfield, IL 62701

1.4 Timeline

The following timeline is a guide for planning purposes. The City reserves the right to adjust as needed:

Bid Released: Tuesday July 7, 2026

Pre-Bid Meeting: N/A

Pre-Bid Meeting/Site Visit: N/A

Pre-Bid Location: N/A

Questions Due to City: July 15, 2026, 12:00 p.m.

Response from City: July 20, 2026, 4:30 p.m.

Bids Due/Opening: July 23, 2026, 3:00 p.m.

Anticipated Award Date: August 15, 2026

SECTION II

2. INSTRUCTIONS TO BIDDERS

2.1 Vendor Registration

Prospective bidders must register as vendors on the City of Springfield website at:

https://www.springfield.il.us/Registration/Options.aspx.

Registration enables receipt of bid opportunities and electronic submission of responses.

2.2 Retrieval of Bid/Proposal Documents

Bidders are responsible for accessing bid documents and addenda on the City’s website:

https://www.springfield.il.us/departments/OBM/OBMHome.aspx?Purchasing.

2.3 Submission of Bids/Proposals

Unless otherwise specified, bids must be submitted electronically via the City’s website in PDF format. All required documents (addenda, certifications, insurances, guarantees, bonds, etc.) must be included and complete.

2.4 Pre-Bid Meeting Attendance

Some bids may require a pre-bid meeting, which could be mandatory or non-mandatory.

For mandatory meetings, only attendees may submit bids. Meeting details will be posted on the City’s website.

2.5 Questions

Submit questions in writing via the Question/Answer Tab on the City's website by the specified deadline. Include the relevant section title for clarity. Responses will be posted on the website with sufficient time for bid preparation.

2.6 Addenda

Addenda will be posted on the City's website. Bidders are responsible for incorporating all addenda into their submissions. Failure to acknowledge addenda does not relieve bidders of their obligations under the contract.

2.7 Withdrawal of Bid

Bids may be withdrawn via the City's website prior to opening. After opening, bids cannot be withdrawn for 90 days without the City’s consent, except as permitted by regulation. Post-opening corrections or withdrawals require a written determination by the Purchasing Agent.

2.8 Rejection of Bids

The City reserves the right to reject any or all bids, waive technicalities, and accept the bid deemed in its best interest. Such decisions are final.

2.9 Bid Opening

Telephone, fax, email, or verbal offers will not be accepted. Bids will be publicly opened and read at the specified time. Late submissions will not be accepted.

SECTION III

3. SCOPE OF WORK/PURCHASE

1. Background

The City of Springfield Office of Public Works is seeking proposals from yard waste collection operators or general hauling companies for the acceptance and disposal of bagged or loose landscape waste. Landscape waste is defined as any organic waste that can be mulched or composted specific to grass clippings or leaves, shrub and yard clippings, pruning, bark, weeds, and small twigs.

2. Term of Contract

The initial term of this contract to collect yard waste from the City of Springfield

Office of Public Works shall be for an initial term of one (1) year commencing

September 1, 2026 and ending August 31, 2027 with an option to renew through

August 31, 2028.

3. Minimum Experience

Only proposals from those with a minimum of three (3) years’ licensed, professional experience or there equivalent in the field of hauling, or otherwise related will be considered.

4. General Requirements

Included in this section is a general description of the key requirements for which each proposal will be evaluated to determine the best value to the City and city residents. When evaluating any proposal, the City shall consider such factors as:

A. Required License & Service Agreement

The City may require further documentation to verify vendor’s qualifications.

B. Operations

1. The contractor shall not assign or sub-Contract any part of the proposed operation.

2. The contractor shall provide operational framework and practical options for the bi-weekly, and monthly curbside collection of landscape waste as well as proper handling and disposal of landscape waste. Bi-weekly means that a section of the city shall be serviced weekly as delineated in the proposal pricing section. (For example, both north quadrants one week, both south quadrants the next week in an on-going rotation, or the entire city bi-weekly.)

3. The contractor shall provide both an email and contact phone number for residential inquiries and/or issues specific to contracted services as well as an emergency contact and phone number for use by the Office of Public Works during hazardous weather conditions when collection services may be required outside normal business hours.

4. The contractor shall furnish at its expense and without liability to the City, all labor, equipment, vehicles, implements, materials, and transportation necessary to provide an adequate, uninterrupted and sanitary collection service for the disposal of yard waste during the term of the contract and in accordance with the methods and procedures specified herein. This includes possessing or ability to acquire the necessary equipment to move yard waste to the approved location of Evans

Recycling, 2100 J David Jones Parkway, Springfield, IL.

5. Contractor should describe the type and size of vehicle/s and/or equipment to be utilized in providing collection service. If a breakdown of equipment occurs, the contractor should provide standby equipment or insure additional equipment will be available to comply with the requirements of the contract.

6. If a breakdown of equipment occurs, the contractor should provide standby equipment or insure additional equipment will be available to comply with the requirements of the contract.

7. The contractor will be required to update the yard waste map on a daily bases during their assigned week/weeks. Training for the software program to update this map will be provided by the Public Works department.

C. Hours of Operation

1. Contractor shall not begin collection operations at residential units within the

City before 6:00am or as approved by the Office of Public Works.

2. Curbside collection will take place during regular scheduled hours Monday-

Friday or as otherwise negotiate with the Office of Public Works.

3. If for any reason normal collection operation falls behind (e.g., employment changes, fleet changes, volume changes, etc.) residential collection can be expanded into the weekend at the sole cost of the contractor.

4. When a holiday falls on a collection day for any given route, landscape waste will be collected the following business day. Each subsequent collection day will be delayed one (1) day until the end of the week, which may include Saturday, in which the holiday fell. For the purpose of the Contract, the following are recognized city holidays:

New Year’s Day Memorial Day Independence Day

Labor Day Veteran’s Day Thanksgiving Day

Christmas Day

D. Cost Projection

The Office of Public Works is seeking proposals based on a flat rate for landscape waste collection based on a bi-weekly schedule. Contractor should include collection cost with disposal for landscape waste based on compact cubic yards using Price Proposal in Section III and explain pricing method being used to determine costs. Please refer to the information on Quadrant Descriptions below:

A description of all four City zones is as follows:

A. Northwest Quadrant -All that area within the Corporate Limits of the

City north of South Grand Avenue and Old Jacksonville Road and west of

Walnut Street/ J. David Jones Parkway.

B. Northeast Quadrant-All that area within the Corporate Limits of the City north of South Grand Avenue and east of Walnut/ J. David Jones Parkway.

C. Southeast Quadrant - All that area within the Corporate Limits of the

City south of South Grand Avenue and waste of Walnut Street, including the lake area.

D. Southwest Quadrant- All that area within the Corporate Limits of the

City south of South Grand Avenue and Old Jacksonville Road and west of Walnut Street.

Collection services can be divided using the above mentioned quadrants or contractor can propose other zone options (Example: North and South) for operational consideration within their submitted proposal. Final division and collection schedule will be agreed upon through mutual consent of contractor and the Office of Public Works. If applicable, drop off location for city residents should be included into proposal cost and site availability, at Evans Recycling, should be fully explained. Proposals based on other cost measurements will be considered; however, a full cost analysis of pricing method and drop off site availability should be included into Price Proposal in Section III or attached to submitted proposal. Regardless of contractor choice, all proposals must include proposed collection schedule.

E. Point of Collection

City is seeking a proposal for the year round (12 month) residential curbside collection of landscape waste. Landscape waste does not include table scraps, fecal matter, putrescible waste or garbage, or tree limbs and stumps exceeding four (4) inches in diameter. The

City shall be divided into sections and maps will be provided by the Office of Public

Works for the purpose of collecting landscape waste. Proposals should provide a bi-weekly, and monthly curbside collection schedule. Landscape waste shall be collected on a pre-set schedule and contactor shall not suspend operations during the operation periods of time without the written authorization and consent of the City. Curbside collection includes the following:

Curbside collection includes the following:

• Includes grass clippings, leaves, shrubs, yard clippings, pruning, bark, weeds, and small twigs.

• Yard Waste must be placed curbside prior to projected collection day, not in city alley.

• Yard waste can be placed in biodegradable paper yard waste/leaf bags or placed in container marked “X”, “YW”, or “Yard Waste”.

• Container should be made out of heavy duty plastic with capacity no larger than thirty-two (32) gallons with tight fitting lid.

• No bag, container, or bundle should weigh more than fifty (50) pounds at time of collection.

F. Documentation, Reporting, & Inspection

All collections must be properly conducted and documentation provided according to

City guidelines.

a. The contractor shall be required to submit monthly reports to the Office of

Public Works. The report should include, but not limited to:

1. Aggregate total on the amount of landscape waste material collected during the monthly period by volume (cubic yards) specific to City residents. Total should be sent to the Public Works program administrator or designee on a monthly basis in an acceptable electronic format. Transaction tickets (if applicable) should be included;

2. In addition to cubic yard communication with monthly invoices, the contractor shall provide monthly customer service reports to the Public Works program administrator in an acceptable electronic format. The report shall include information on service calls, including address, type of complaint, resolution action/s and timeframe;

3. The contractor shall also provide monthly certified payroll reports to the Public

Works program administrator in an acceptable electronic format. All reports shall meet requirements set forth under the Prevailing Wage Act. Reports shall be in an electronic format agreed to by the City and the selected contractor, and provided in both electronic format and hard copy if requested.

Note: Approval for payment of any invoice shall not be granted until all appropriate manifests and disposal documents have been provided to the City.

b. The City may appoint inspectors at the City’s sole cost and expense, as it deems proper to ensure performance is in compliance with Contract terms.

The contractor shall furnish all reasonable assistance required by the inspectors and failure of the contractor to do so shall be grounds for penalty or termination of the Contract. Inspection shall be reasonably limited to the nature and extent necessary to ensure contractor’s performance. Such inspection shall not relieve the contractor from any obligation to perform the work strictly in accordance with the contract.

G. Proposal Submittal Requirements

The City of Springfield will consider proposals only from contractors that have demonstrated capability and willingness to provide landscape waste collection services as required by the City. At a minimum, proposals should include contractor information pertaining to all subsections under Section II: General Requirements. Emphasis should be placed on preparing a proposal that is straightforward, clear and complete.

3. Indemnification

A. To the fullest extent permitted by law, the Contractor shall be responsible for any and all injuries to persons or damages to property due to the activities of the Contractor, subcontractors, suppliers, agents, or employees arising out of or resulting from performance of the contract, or any activity in connection therewith. The Contractor shall indemnify and hold harmless the City, its officers, employees, and agents from any and all claims, lawsuits, actions, costs, and fees (including reasonable attorney fees and expenses) of every nature or description, arising from, growing out of, or connected with the work, or on account of or in consequence of any neglect in safeguarding the work or on account of or in consequence of using unacceptable materials in constructing the work or because of any act or omission, neglect, or misconduct of the Contractor, its officers, employees, agents, its subcontractor, or subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts they may be liable or because of any claims or amount recovered by reason of any infringement of any patent, trademark, or copyright or by reason of the violation of any law, ordinance, order or decree. This obligation is binding on the Contractor without regard to whether or not such claim, damage, loss, or expense is caused in part by the act, omission, or negligence of the City or its officers, employees, or agents.

B. In claims against the City or any individual indemnified under this contract by an employee of the Contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification herein shall not be limited by a limitation on amount or type of damages payable by or for the Contractor or subcontractor under any employee benefits act including but not limited to the Worker’s Compensation Act.

C. In the event any such claim, lawsuit, or action is asserted, any such money due the

Contractor under and by virtue of the contract as shall be deemed necessary by the

City for the payment thereof, may be retained by the City for said purpose, or in case no money or insufficient money is due to satisfy such claim, lawsuit, or action, the Contractor’s Surety shall remain liable for any payment therefore until any such lawsuit, action, or claim has been settled or has been fully judicially determined and satisfied.

D. No inspection by the City, its employees or agents shall be deemed a waiver by the City of full compliance with the requirements of the contract. This indemnification shall not be limited by the required minimum insurance coverages provided in the contract.

4. Title to Landscape Waste

Title to all landscape waste and all other incidents of ownership of the waste materials shall pass to the contractor when such materials are placed in collection vehicle/s.

5. Compliance with Laws, Ordinances, Regulations, & Appropriation

A. The contractor shall be familiar with, observe, and comply with all federal and/or state laws, regulations and/or local ordinances which in any manner affect those engaged or employed in performance of the work called for by this Contract, or the materials, facilities or equipment used in such performance, or which in any way affect the conduct of the work, and shall protect and indemnify the City and its officers and agents against any claim of liability arising from or based on any violation of same.

B. If the contractor shall discover any provision in the specification of the Contract which is contrary to or inconsistent with any law, regulation or ordinance, it shall forthwith report it to the Director of Public Works or direct program administrator in writing.

C. Amendments to existing regulatory laws, regulations and ordinances and enactment of the new laws, regulations and ordinances shall not service as justification for the contractor to terminate their obligations hereunder, unless said amendments make the completion of this contract impossible.

D. Notwithstanding any other provision of this Contract, if funds for the continued fulfillment of this Contract by the City at any time not forthcoming or are insufficient, through failure of any entity to appropriate funds or otherwise, then the City will have the right to terminate this Contract at no additional cost and with no penalty whatsoever by giving prior written notice documenting the lack of funding. The City will provide at least thirty (30) days advance written notice of such termination. The City will use reasonable efforts to ensure appropriated funds are available.

6. Contract Penalties

The contractor shall be liable to the City for Contract Penalties for each business day that the numbered Contract violations in this section are committed. Each business day that the City determines a violation is committed; the contractor shall be liable to the City for a $250 penalty except during the first thirty (30) days of the Contract period.

Contract penalties include:

1) Failure to pick up verified missed collections within twenty-four (24) hours of notification from the Office of Public Works. If notified on Friday, collection should take place no later than the following business day (i.e., Monday);

2) Starting collection before the designated time of 6:00 a.m. or pre-authorized start time;

3) Throwing or leaving containers in a manner creating a hazard or inconvenient to residents, including but not limited to blocking driveway or sidewalk access, placement in the street or placement upon vegetation other than grass;

4) Handling containers in a manner that causes unwarranted and/or excessive damage/destruction to a residential container. If found responsible, it will be the responsibility of the contractor to replace residential container in a timely manner (within 2 weeks);

5) Failure to adequately address legitimate complaints, whether submitted by residents or the Office of Public Works;

6) Failure to clean up scattered or spilled material within twenty-four (24) hours of written or oral notice from the Office of Public Works;

7) Failure to properly submit monthly and/or quarterly reports and/or documents requested by the Office of Public Works and/or program administrator;

8) Failure to adhere to other collection restrictions and requirements set forth in the Contract. If the contractor has violated or failed to follow several collection restrictions or requirements in a specific incident, the City may treat each violation or failure as a separate incident for the purpose of calculating contract penalties;

9) Inappropriate and unprofessional conduct, including but not limited to harassment, verbal or physical abuse, property damage, or discrimination by the contractor or its employees.

The assessment of contract penalties shall be at the discretion of the City, including the option to terminate service in lieu of other remedies given thirty (30) day written notice by the City. The City may deduct the full amount of any contract penalties from any payment due to the contractor, but any contract penalties not so deducted shall remain the obligation of the contractor and be payable to the City on demand.

The City may assess contract penalties in lieu of other remedies available to the City for breach of the contract or violation of the City's ordinances. Failure to impose contract penalties for lack of performance shall not constitute a waiver of the City's other rights and/or remedies under either the contract or the City's ordinances or any subsequent failure of performance.

7. Insurance Requirements

The Contractor shall obtain and thereafter keep in force the following insurance coverages provided by insurance companies acceptable to the City and authorized to transact business under the laws of the State of Illinois. The insurance companies providing coverage shall be rated in the Best’s Key Rating Guide. The City will accept companies with a rating not lower than B+ provided the financial size category is VII or larger. Companies rated A- or better shall have a financial size category of not less than VI. Coverage limits shall be written at no less than the minimum specified in this contract. Higher minimum limits and additional coverage may be specified by a special provision elsewhere in the contract. Whether stated in this contract or elsewhere, the City does not warrant the adequacy of the types of insurance coverage or the limits of liability specified.

A. Workers Compensation and Employers Liability

Workers compensation shall be provided according to the provisions of the

Illinois Worker’s Compensation Act, as amended. Notwithstanding the rating and financial size categories stated in this contract, coverage may be provided by a group self-insurer and approved pursuant to the rules of the Illinois Department of Insurance.

Employers Liability.

a. Each Accident $500,000

b. Disease-policy limit $500,000

c. Disease-each employee $500,000

B. Commercial General Liability

Required liability insurance coverage shall be written in the occurrence form and shall provide coverage for operations of the Contractor; operations of subcontractors (contingent or protective liability); completed operations; broad form property damage and hazards of explosion, collapse and underground; and contractual liability. The general aggregate limit shall be endorsed on a per project basis.

a. General Aggregate Limit $2,000,000

b. Products-Completed Operations

Aggregate Limit $2,000,000

c. Each Occurrence Limit $1,000,000

The coverage shall provide by an endorsement in the appropriate manner and form, the City, its officers, and employees shall be named as additional insureds with respect to the policies and any umbrella excess liability coverage for occurrences arising in whole or in part out of the work and operations performed.

The City may accept a separate owner’s protective liability policy in lieu of the

City, its officers, and employees being insureds on the Contractor’s policies.

C. Commercial Automobile Liability

The policy shall cover owned, non-owned, and hired vehicles.

Bodily Injury & Property Damage

Liability Limit Each Occurrence $1,000,000

D. Umbrella Liability

Any policy shall provide excess limits over and above the other insurance limits stated in this contract. The Contractor may purchase insurance for the full limits required or by a combination of primary policies for lesser limits and remaining limits provided by the umbrella policy.

All insurance shall remain in force during the period covering occurrences happening on or after the effective date and remain in effect during performance of the work and at all times thereafter when the Contractor may be correcting, removing, or replacing defective work until notification of the date of final inspection. Termination or refusal to renew shall not be made without 30 days prior written notice to the City by the insurer and the policies shall be endorsed so as to remove any language restricting or limiting liability concerning this obligation.

Certified copies of the original policies or certificate(s) of insurance by the insurer(s) issuing the policies and endorsements setting forth the coverage, limits, and endorsements shall be filed with the City before the Department of Public Works will execute the contract. Any exception or deviation shall be brought to the attention of the City for a ruling of acceptability. In no event shall any failure of the City to receive policies or certificates or to demand receipt be construed as a waiver of the

Contractor’s obligation to obtain and keep in force the required insurance.

All costs for insurance as specified herein will be considered as included in the cost of the contract. The Contractor shall, at his/her expense and risk of delay, cease operations if the insurance required is terminated or reduced below the required amounts of coverage. Coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor from his/her obligation to indemnify in excess of the coverage according to the contract.

7. Public Education

a. During the term of this Contract, the contractor shall use a City approved notice to inform residents of any and all reasons why the contractor may not have collected landscape waste material placed by the curb.

b. The notice shall be designed and printed by the City, made available through the

Office of Public Works and shall indicate the reason waste material was not collected. The notice shall include the date, website, telephone number, and customer service email address of the contractor. The notice may have a check-off format listing the most common mistakes in preparing waste material for collection. The notice shall be designed to attach to the uncollected waste material in a visible manner (e.g., adhesive back, tie-on tab, etc.).

c. The contractor shall cooperate in educational activities to promote citizen awareness of the residential landscape waste program, which may include, but not be limited to participation in special events.

8. Evaluation

The Contract will be awarded to the lowest responsive and responsible bidder whose response to the RFP contains the lowest cost, who is qualified and competent to furnish the requested services, whose program is deemed to offer the most satisfying level of service, whose specifications are satisfactory to the City of Springfield, IL and whose response to the RFP forms and documents complies with the procedural requirements of this Request for Proposal.

Proposals will be evaluated on the below criteria for overall cost, material handling and disposal methodology, reporting and convenience to city residents.

Proposals will be evaluated based on the following criteria:

A. Overall Cost – 45 points

B. Material handling and disposal methodology – 30 points

C. Experience – 10 points

D. Convenience to residents – 10 points

E. Local Vendor Preference – 5 points

The City of Springfield reserves the right to accept the contractor's proposal that is, in their judgment, the best and most favorable to the interest of the City and residents and to accept any item in the contractor's proposal or a portion thereof; to reject any and/or all contractor's proposals; to accept and incorporate corrections, clarifications or modifications following the opening of the contractor's proposals; to waive irregularities and informalities in the process or in any contractor's proposal submitted; and award based on initial offer alone.

9. Quadrant Description

A description of all four City zones is as follows:

a. Northwest Quadrant -All that area within the Corporate Limits of the City north of South Grand Avenue and Old Jacksonville Road and west of Walnut Street/ J. David Jones Parkway.

b. Northeast Quadrant-All that area within the Corporate Limits of the City north of

South Grand Avenue and east of Walnut/ J. David Jones Parkway.

c. Southeast Quadrant - All that area within the Corporate Limits of the City south of South Grand Avenue and waste of Walnut Street, including the lake area.

d. Southwest Quadrant- All that area within the Corporate Limits of the City south of South Grand Avenue and Old Jacksonville Road and west of Walnut Street.

Collection services can be divided using the above mentioned quadrants or contractor can propose other zone options (Example: North and South) for operational consideration within their submitted proposal. Final division and collection schedule will be agreed upon through mutual consent of contractor and the Office of Public Works. Bids will be taken under consideration for whole City pickup, ½ of City (North and South) or Quadrant pickup. Contractors have the option to bid on any single, multiple or all options.

SPRINGFIELD

GARDNER

LELAND GROVE

WOODSIDE

CHATHAM

CURRAN

JEROME

SOUTHERN VIEW

CHATHAM

BALL

NE1 NE2 NE3

NE4 NE5

NE6 NE7

NE8

NE9

NW1

NW2NW3NW4

SE1

SW1

NW5

NW6

SW2SW3

SW4

SW7

SW6

SW5

SE2

SE3

NE10

SW8

SW9

SE9

SE4

SE7

SE8

SE5

SE6

Work Zones Date Exported: 4/11/2024 11:36 AM

SECTION IV

4. TERMS AND CONDITIONS

4.1. Ex Parte Communication

Please note that to insure the proper and fair evaluation of a proposal or bid, the City of Springfield prohibits ex parte communication (i.e., unsolicited) initiated by the Bidder to a City Official (i.e. City

Aldermen, Mayor, etc.) or Employee evaluating or considering the proposal/bid prior to the time a selection has been made. Communication includes but is not limited to fax, phone calls, email and personal visit. Communication between Bidder and the City shall be directed in writing to the

Purchasing Agent or designated contact person only. The Purchasing Agent will obtain the information or clarification needed. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the proposal/bid and repeat offenders may be disqualified from future projects.

4.2 Bid Security

The City will not consider bids covering only a portion of the Specifications except as specifically required or permitted therein. In case of any conflict between the bidder's proposal and the

Specifications contained in Section III, the Specifications contained therein shall be controlling.

(a) Bids will not be considered unless they are accompanied by bid security in the form of a

Certified Check, Cashier's Check, Bank Draft, Bank Money Order or a Satisfactory Bid

Bond payable to the City of Springfield, Illinois, in the amount or percentage stated in

Section I – Introduction as a guarantee that the bidder will enter into a contract with the City if the bid is accepted.

(b) Bids and bid security shall be delivered in a separate sealed envelope marked and addressed as provided in article 2 above. All bid security must be identified with the

Contract Index Number.

(c) A permanent bid bond, or annual bid bond, may be placed on file with the Office of Budget and Management, in lieu of delivering said bond with the proposal.

(d) Bid security will be returned to all bidders upon award of contract, or rejection of bids.

(e) The City reserves the right to retain the lowest responsible bidders bid security for failure to enter into a contract.

4.3. Withdrawal of Bid

No bidder may withdraw its bid for a period of ninety (90) days from the date of opening bids.

4.4. Delivery & Payment Terms

All materials shall be delivered DDP, Incoterms® 2020 Springfield, IL FREIGHT PREPAID.

Delivery will be considered in making the award and the Bidders/Consultants shall state, in the spaces provided, expected delivery after receipt of Purchase Order. Failure to meet said delivery promises without prior consent of the City Purchasing Agent may be considered a breach of faith.

If payment terms are not indicated, terms of NET 45 days shall be applied by the City. Payment terms to apply after receipt of invoice or final acceptance of the products/services, whichever is later.

Payment terms offering less than 20 days for payment will not be considered.

4.5. Full Pricing and Contingencies

Please quote your best net price including delivery and discounts to meet the approval of the City.

Prices shall be stated in units of quantity specified. No additional charges shall be passed to the City, including any applicable taxes, delivery or surcharges. Prices quoted shall be the final cost to the

City. The City shall hold the successful Bidder/Consultant to the bid pricing. Additional charges for contingencies discovered by the Bidder/Consultant at any time after the date of the opening of this bid may not be considered for payment by the City.

4.6. Substitutions

The Specification may, in some areas, be unique to a particular brand of product or type of service. If this situation exists, equal consideration will be given to all Bidders/Consultants whose items, in the opinion of the City, meets or exceeds performance in these areas.

4.7. Bid Evaluation

Bids will be evaluated and awarded to the lowest responsible, responsive Bidder. The quality of the services, conformity with the specifications, suitability to the requirements, delivery terms including length of time for delivery, qualifications and references will be taken into consideration in making an award. The City will be the sole judge of acceptability of any products offered.

4.8. Quality

The scope of work or specification is intended to procure a quality product or service. Quality must be proven to the satisfaction of the City to meet or exceed requirements as set forth in the scope of work. Items shall be manufactured according to the highest traditions of the industry and shall meet all commercial standards of quality. The City will be the sole judge of acceptable products/services.

Unacceptable products/services will be rejected and suitable price adjustments be made.

It is the bidder’s task to be familiar with the referenced items and to offer only products/services of equal or greater quality. Samples, when requested, must be furnished free of expense, and upon request, if not destroyed, may be returned at the Bidder’s risk and expense.

4.9. Recourse for Unsatisfactory Materials

Payment shall be contingent upon the City’s inspection of and satisfaction with completed work. Any defective work or materials, non-conformance to bid specifications, damaged materials, or unsatisfactory installation shall be corrected to the City’s satisfaction by the successful bidder/consultant at no additional charge.

4.10. Investigation

Consultants must acquaint themselves with the policies of the City and may do so by contacting the

Purchasing Agent. All questions as to the meaning of the scope of work must be resolved prior to the bid submission deadline. It is the Consultant’s responsibility to check with Central Purchasing

Department prior to submitting their bid to ensure that they have received all Addenda issued.

4.11. Proof of License, Permit, Etc.

Consultants must provide proof of conformance with any applicable Federal/State/Local permits, licenses, certifications, etc., as stated in the scope of work/specifications section. It is the Consultant’s responsibility to inquire about requirements of performing the job with the requesting department contact person.

4.12. Waiver

(a) In awarding a contract pursuant to sealed competitive bidding, the City Council may waive any variation from the bid requirements or defect in a bid which does not materially affect the competitive nature of the bid, is not in violation of any ordinance, statute or law and does not prejudice the rights of the public.

(b) The City Purchasing Agent may request clarification of a bid or any part thereof. Clarification shall mean the communication between the City and the bidder regarding the bid. Such communication shall not change the bid, the competitive nature of all bids or violate any ordinance, statute or law.

4.13. Specifications

The Specification may in some areas, be unique to a particular brand of product or type of service. If this situation exists, equal consideration will be given to all Bidders/Consultants whose items, in the opinion of the City, meets or exceeds performance in these areas.

4.14. Default By Bidders/Consultants/Contractor

In the event of default by Bidder/Consultants/Contractor, the City reserves the right to procure the services from other sources, and hold the Bidders/Consultants/Contractors liable for any excess costs occasioned thereby. Additionally, a contract shall not be assignable by the

Bidders/Consultants/Contractors in whole or in part without the written consent of the City of

Springfield.

4.15. Performance and Payment Bond

(a) The City may require Contractors to furnish a satisfactory performance bond and a bond for the payment of all materials used and for all labor performed in such work with good and sufficient sureties in amounts up to one hundred percent of the contract sum. In such case the Contractor shall also include in the bond a provision guaranteeing the faithful performance of any prevailing wage requirement.

(b) If, in the opinion of the City Purchasing Agent, such bonding is in the public interest the requirement shall be set forth in the Specifications contained in Section II of this booklet.

(c) When required by the Specifications, the Contractor shall furnish said bond within fourteen (14) calendar days after notification of the bid award. Failure to furnish a performance bond and a payment bond within the period specified shall be cause for rejection of the bid and any bid security may be retained by the City as payment for damages

4.16. Termination

Failure to comply with the terms and conditions as herein stated shall be cause for termination of the contract. The City will provide a written notice of unsatisfactory performance and the

Bidder/Consultant or Bidders/Consultants will be allowed adequate time, typically thirty (30) days, to take corrective action and accomplish satisfactory performance. If at the end of the stated time to correct, the City may deems that the Bidder/Consultant or Bidders'/Consultants' performance is still unsatisfactory, the contract may be terminated. The exercise of its right of termination shall not limit the City’s right to seek any other remedies allowed by law. The City's may also terminate the contract immediately if the applicable federal, state or City funding sources terminate or suspend funds, fail to appropriate funds, or otherwise make funds available for the contract.

4.17. Rejection of Bids, Waivers or Irregularity

The City reserves the right to reject any or all bids, to waive irregularities, and to accept that bid which is considered to be in the best interest of the City. Any such decision shall be final. Any and all bids received in response to an advertisement may be rejected by the Mayor.

4.18. Prevailing Wage

See Addendum 7.1. (If Addendum 7.1 is not attached, this Section does not apply)

4.19. Responsible Bidder

To be considered a responsible bidder on a construction contract, a bidder must comply with all of the following requirements and present satisfactory evidence of that compliance to the appropriate construction agency:

(1) The bidder must comply with all applicable laws concerning the bidder’s entitlement to conduct business in Illinois.

(2) The bidder must comply with all applicable provisions of the Prevailing Wage Act.

(3) The bidder must comply with Subchapter VI (“Equal Employment Opportunities”) of

Chapter 21 of Title 42 of the United States Code (42 USC 2000e and following) and with

Federal Executive Order No. 11246 as amended by Executive Order No. 11375.

(4) The bidder must have a valid Federal Employer Identification Number or, if an individual, a valid Social Security Number.

(5) The bidder must have a valid certificate of insurance showing the following coverages:

general liability, professional liability, product liability, workers’ compensation, completed operations, hazardous occupation, and automobile.

(6) The bidder and all bidder’s subcontractors must participate in applicable apprenticeship and training programs approved by and registered with the United States Department of

Labor’s Bureau of Apprenticeship and Training.

(7) For contracts with the City of Springfield, the City may establish additional requirements for responsible bidders. These additional requirements, if established, shall be set forth together with the other criteria contained in the invitation for bids, and shall appear in the appropriate volume of the Illinois Procurement Bulletin.

(8) The bidder must submit a signed affidavit stating that the bidder will maintain an Illinois office as the primary place of employment for persons employed in the construction authorized by the contract.

(9) The bidder must not have any judgment or convictions of any federal, state or local law or regulation. The bidder must also disclose any pending case pertaining to a violation of any federal, state or local law or regulation.

4.20. Local Preference Policy

In accordance with the requirements of Section 38.45 of the City Purchasing Code, it is the policy of the City of Springfield to afford local vendors preference in the selection of the successful bidder if (1) the lowest bidding vendor is a responsible bidder and (2) the lower responsible bidders are not local vendors and (3) the lowest bidding local vendors bid is higher than the nonlocal vendor by no more than five (5) percent in the case of a city local vendor or by no more than three (3) percent in the case of a county local vendor.

Definitions - As used in this section the following definition shall apply unless the context otherwise requires: A local vendor means a bidder has established and maintained a physical presence in the city, in the case of a city local vendor, or in Sangamon County, Illinois, outside the city, in the case of a county local vendor, by virtue of the ownership or lease of all or a portion of a commercial building for a period of not less than twelve consecutive months prior to the submission of a bid; and the local vendor employs a minimum of two full-time employees at the location in the city, in the case of a city local vendor, or in Sangamon County, Illinois, outside the city, in the case of a county local vendor, and those employees spend the majority of their work time at the location in the city, in the case of a city local vendor, or in Sangamon County, Illinois, in the case of a county local vendor; and the local vendor is legally authorized to conduct business within the State of Illinois and the city, in the case of a city local vendor, or in Sangamon County, Illinois, outside the city, in the case of a county local vendor.

This provision shall not be applied to a contract if the funding source prohibits it through law, rule or regulation.

4.21. Local Labor Policy

See Addendum 7.3. (If Addendum 7.3 is not attached, this Section does not apply).

4.22. Security

The Bidder/Consultant represents and warrants to the City that neither it nor any of its principals, shareholders, members, partners or affiliates, as applicable, is a person or an entity named as a

Specially Designated National and Blocked Person (as defined in Presidential Executive Order

13224) and that it is not acting, directly or indirectly, for or on behalf of a Specially Designated or

Blocked Person. The Bidder/Consultant further represents and warrants to the City that the

Bidder/Consultant and its principals, shareholders, members, partners, or affiliates as applicable, are not directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this

Agreement on behalf of any person or entity named as Specially Designated National and Blocked

Person. The Bidder/Consultant hereby agrees to defend, indemnify and hold harmless the City of

Springfield, and all City elected or appointed officials, officers, employees, agents, representatives, engineers and attorneys, from and against any and all claims, damages, losses, risks, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising from or related to any breach of the foregoing representation and warranties.

4.23. Indemnification

Bidder/Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost

(including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find

Bidder's/Consultant’s legal counsel unacceptable, then Bidder/Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation. The Bidder/Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of Illinois and will survive termination of this Agreement.

4.24. Multi-year Contracts

The City's fiscal year ends on the last day of February. The City's obligations on multi-year contracts and contracts extending from one fiscal year to another shall terminate immediately and without further payment being required if the City Council or applicable federal/state funding sources fail to appropriate, or otherwise make available, funds for the contract.

4.25. Severability

If any provision of this contract or any applications thereof is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without such invalid provision or application.

4.26. Choice of Law and Forum

This contract is to be construed in accordance with the laws of the State of Illinois and any legal proceeding of any kind shall be filed in the Circuit Court of Sangamon County, Springfield, Illinois.

4.27. Execution of Contract

(a) The successful bidder will be required to execute the Contract Execution Page on the form provided in Section 8 of this booklet with signature acknowledged and signed in the manner set forth here.

1) In case of a corporation, the full legal name of the corporation and title of the officer signing must be stated, and any officer signing must be thereunto duly authorized to bind the corporation (the City reserves the right to require a certified copy of that section of

Corporate Bylaws or other authorization by the Corporation which permits the person to execute the offer for the Corporation).

2) In the case of a partnership, the signature of at least one of the general partners must follow the firm name, using the term "member of the firm" or similar designation.

3) In case of a sole proprietorship, the signature of the owner must follow the firm name using the term "doing business as," "sole owner," or similar designation.

4) In all cases the name of the individual signing shall be typed or printed below the signature.

(b) The City reserves the right to require of any bidder, such information necessary to satisfy the City of the bidder's qualifications and to withhold formal signing of the contract until such information is received.

4.28. 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 and the Contractor’s bid documents after a final award has been made. 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.

4.29.…