Active SLED Opportunity · ILLINOIS · CITY OF NAPERVILLE, IL
AI Summary
The City of Naperville seeks bids for curbside leaf collection and disposal services for a two-year contract starting October 2026. The service includes collecting leaves from city streets in designated districts and transporting them to city sites. Bids are due June 4, 2026, with a virtual bid opening.
The City of Naperville is accepting bids for curbside leaf collection and disposal service from reputable landscaping service vendors. The Contractor will be responsible for the collection and disposal of leaves generated during the course of the City’s curbside leaf collection program in the designated district. Leaves shall be collected on City streets, loaded into trucks, and transported to one of several City sites.
The City’s leaf collection program schedule begins six weeks before Thanksgiving, and continues for six weeks. In 2026, the program will begin on Monday, October 19, and continue until Saturday, November 28. The Contractor shall collect leaves from the curb three times during the six-week program.
Contractor shall perform all Work in accordance with this Contract. Contractor shall furnish all materials, equipment, tools, and labor which is reasonably and properly inferable and necessary for the proper completion of the Work, whether specifically indicated in this Contract.
THE GENERAL TERMS AND CONDITIONS WHICH FOLLOW APPLY TO ALL PURCHASES AND BECOME A DEFINITE PART OF EACH FORMAL INVITATION TO BID, PURCHASE ORDER, OR CONTRACT ISSUED BY THE CITY OF NAPERVILLE, UNLESS OTHERWISE SPECIFIED. BY SUBMITTING A BID, THE BIDDER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. BIDDERS OR THEIR AUTHORIZED REPRESENTATIVES ARE EXPECTED TO FULLY INFORM THEMSELVES OF THE CONDITIONS, REQUIREMENTS, AND SPECIFICATIONS BEFORE SUBMITTING BIDS, FAILURE TO DO SO WILL BE AT THE BIDDER'S OWN RISK AND HE CANNOT SECURE RELIEF ON THE PLEA OF ERROR.
The City of Naperville is accepting bids for curbside leaf collection and disposal service from reputable landscaping service vendors. The Contractor will be responsible for the collection and disposal of leaves generated during the course of the City’s curbside leaf collection program in the designated district. Leaves shall be collected on City streets, loaded into trucks, and transported to one of several City sites. The City’s leaf collection program schedule begins six weeks before Thanksgiving, and continues for six weeks. In 2026, the program will begin on Monday, October 19, and continue until Saturday, November 28. The Contractor shall collect leaves from the curb three times during the six-week program.
The bid will define the standards and conditions for the provision of curbside leaf collection services and establish service rates that are all-inclusive (i.e., no additional fuel surcharges, travel time, truck fees, etc.). Estimated quantities are for bid purposes only and are not a guarantee of work. Total quantities shall be determined by the City of Naperville Department of Public Works. The City reserves the right to change the scope of duties, add sites, delete sites, adjust service levels, hire additional contractors, do the work with City staff, or take other measures consistent with City policies, procedures, and/or act in other capacities in the best interest of the City.
| Release Bid Date / Advertised: | May 13, 2026 |
| Question Submission Deadline: | May 26, 2026, 12:00pm |
| Question Response Deadline: | May 28, 2026, 12:00pm |
| Bid Opening: | June 4, 2026, 2:00pm |
A NO VALUE Pre-Bid Meeting will be held on NO VALUE at NO VALUE in [ROOM] at [ADDRESS], Naperville, Illinois. Bidders must send a representative to attend the Pre-Bid meeting in-person. This is your only opportunity to speak directly with staff from the Department of Public Works | DPW regarding the project. A site visit will immediately follow the meeting. Attendees are required to supply their own Personal Protective Gear for any walk-through.
Site location: [LOCATION AND ADDRESS]
“Contractor” means the company, employees, or agents proposing to provide rehabilitation services to the City of Naperville. “City” shall mean the City of Naperville, its employees, or agents.
The City of Naperville is accepting bids for curbside leaf collection and disposal service from reputable landscaping service vendors. The Contractor will be responsible for the collection and disposal of leaves generated during the course of the City’s curbside leaf collection program in the designated district. Leaves shall be collected on City streets, loaded into trucks, and transported to one of several City sites.
The City’s leaf collection program schedule begins six weeks before Thanksgiving, and continues for six weeks. In 2026, the program will begin on Monday, October 19, and continue until Saturday, November 28. The Contractor shall collect leaves from the curb three times during the six-week program.
Title: CURBSIDE LEAF COLLECTION SERVICES
Bid No: 26-112
Bid Due Date/Time: Thursday, June 4, 2026, 2:00 pm
Bidders are responsible for becoming familiar with all conditions, instructions, and contract documents governing this bid and shall inspect the site and conditions pertinent to the work involved. Submission of a bid will be considered specific evidence of having performed the above. Failure to make such an inspection shall not excuse the Contractor from performance of the duties and obligations imposed under the terms of the contract. Once the award has been made, failure to have read all the conditions, instructions, and specifications of this contract shall not be cause to alter the original contract or to request additional compensation.
This bid is being conducted ELECTRONICALLY. No hard copies will be accepted. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Draft Response" and follow the instructions to submit the electronic bid. Incomplete submittals may be rejected as non-responsive. Infrequent or first-time users of electronic bidding are encouraged to upload their bid responses at least 24 hours prior to bid opening. The City is not responsible for submittal errors or incomplete bid submissions. Incomplete submittals may be rejected as non-responsive. Infrequent or first-time users of electronic bidding are encouraged to upload their bid responses at least 24 hours prior to bid opening. The City is not responsible for submittal errors or incomplete bid submissions.
All bids must be received prior to the Due Date and Time set forth above and on the cover page of this document. A Virtual Bid Opening will be conducted where all bids received will be publicly opened and read aloud immediately following the Due Date and Time. Bidders, their authorized agents, and interested parties are invited to join.
All questions concerning this bid shall be submitted in writing prior to the question due date. The deadline for questions is Tuesday, May 26, 202612:00 pm If required, a written response in the form of an addendum will be issued no later than Thursday, May 28, 202612:00 pm. No contact with the Department of Public Works | DPWshall be made during the bid process. Questions asked after the deadline are not guaranteed a response.
Bids must be accompanied by an Affidavit of Compliance, provided in this package, and shall be submitted on the forms provided or in an identical format typed by the bidder, properly signed in the appropriate places, and submitted electronically via the City’s e-bidding service.
To attend the Virtual Bid Opening on your computer or mobile app: Click here to join the meeting Or call in (audio only) +1 630-733-1095. Phone Conference ID: 822 383 416# approximately 5 minutes prior to the Due Date/Time. Attendees should join approximately 5 minutes prior to the Due Date/Time.
Due at Bid Opening:
Due Before Award:
Due within thirty (30) days of Award:
If you choose not to respond, please select NO BID on https://procurement.opengov.com/portal/naperville.
When a bid deposit is required as indicated on the Invitation to Bid, each bid must be accompanied by a bid bond signed by a surety company authorized to do business in Illinois. For construction projects the bid deposit shall be in an amount equal to at least 10% of the amount of the bid. Any bid deposit shall be in an amount equal as indicated in the Invitation to Bid.
Bid security in the form of a satisfactory bid bond, in the amount of Ten Percent (10%) of the total bid must be scanned and submitted with the E-Bid response. During the bid review process, the City may require a bidder to submit the original bid security to confirm authenticity.
The contract shall be effective for two years from October 1, 2026, through September 30, 2028, with three one-year options to renew. Consideration for the three option years is dependent on available funding, costs, and the Contractor’s performance.
The City Council approves funding and budgets for a one (1) year period, and the initial contract, if awarded by the City Council, places NO obligation on the City to appropriate funding beyond the initial first year. The initial contract and any contract extensions are contingent upon available funding, service arrangement, cost factors, and the Contractor's performance under the contract. The City may elect to seek additional services from other vendors or terminate this contract with a thirty-day written notice.
The City of Naperville Procurement Services and its e-Procurement Portal https://procurement.opengov.com/portal/naperville are the only authorized sources of solicitation documents. Solicitation documents and forms obtained from any other source may be an incomplete set of documents. Reproduction of these documents without the express permission of the City of Naperville is prohibited.
The General Terms and Conditions as included in this bid specification.
This is an “electronic bid,” meaning that bids must be submitted via the City’s e-bidding service, OpenGov, in electronic format. All bids submitted must be received electronically via the City’s e-bidding service before the time specified for opening the bid. A link to the City’s e-bidding service is available on the City’s website at https://www.naperville.il.us/government/city-finances/purchasing-and-bids/.
Downloading documents and submitting bids requires registration with OpenGov. If you aren’t already a member, you can get a FREE SUBSCRIPTION to the City of Naperville account by going to https://procurement.opengov.com/signup. Any incomplete submittals may be rejected as non-responsive.
The Procurement Manager, or their designated agent, will decide when the specified time for the bid opening has arrived (as determined by the clock on the e-bidding system), and bids will be opened precisely at the assigned time. Formal sealed bids, amendments thereto, or requests for withdrawal of bids after the time specified for the bid opening will not be considered.
The Contractor shall be required to show to the City that they have the necessary facilities, ability, and resources to provide the services specified herein and have a minimum of three years of servicing commercial, industrial, government, or other large corporate user accounts.
The Department of Public Works reserves the right to reject any proposal if the evidence submitted by, or investigation of, the Contractor fails to satisfy the Department of Public Works that the Contractor is properly qualified to carry out the obligations of the contract and to complete the work described herein.
The City of Naperville has developed a new portal for vendors to register and update existing information within Civic Access. The City of Naperville will only accept vendor forms from vendors currently working with the Procurement and/or Accounts Payable teams. It will allow you to:
How do I register?
Bidders shall acknowledge the receipt of any addendum interpreting the specifications.
The Contractor shall be required to provide a minimum of three favorable current commercial customer references for work similar in nature. The Contractor shall include the names, addresses, contact person(s), phone numbers, email addresses, type of service provided, and current length of time servicing each referenced customer.
The Contractor shall employ only competent and skilled personnel. All employees of the Contractor must exhibit an acceptable appearance and shall carry some form of identification when on duty. The City shall have the authority to order the removal from the work, any of the Contractor’s employees who refuse to obey any instructions or who is deemed incompetent, abusive, threatening, or disorderly in their conduct. Any such person shall not be employed on this contract.
The Contractor must always have on the job a lead employee to whom orders and instructions may be given. Such orders shall have the same force and effect as if given directly to the Contractor. Each Contractor’s lead employee must be able to communicate verbally with their own and City staff. Further, the Contractor’s employees must be able to communicate at least verbally with City staff while on duty.
The Contractor shall provide the City with the name and phone number of the Supervisor for this contract. The Contractor’s Supervisor shall be in the employ of the Contractor, and be a part of the daily crew who is familiar with, and regularly updated on, all the activities pertaining to work performed under this contract.
Samples or drawings requested shall be delivered free of charge with the bid. Rejected samples shall be removed by the bidder at his own expense after the bid opening. Accepted samples will be retained during the life of the contract.
A Certificate of Insurance and policy endorsements are required before the award of the contract. The Certificate of Insurance and policy endorsement must be consistent with the requirements in Section 39 of the City's General Terms and Conditions and Instructions.
Section 38 of the City of Naperville General Terms and Conditions and Instructions to Bidders is modified as follows:
(D) 1. The City of Naperville, and their officers, officials, employees and volunteers are to be covered as additional insured’s with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement to the Contractor’s insurance policy, or as a separate owner’s policy.
(E) 2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects to the City, and their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, Name, their officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
In the event you cannot submit a bid, please submit the no bid section within the City’s e-procurement platform.
The Contractor shall not be allowed to subcontract the leaf collection and disposal service under this agreement without the written consent of the City of Naperville. If approved, the subcontractor(s) shall be bound by the conditions of the agreement between the City of Naperville and the Contractor and shall perform his/her work in accordance with all terms of this agreement and specifications.
This work will be coordinated with and overseen by the Department of Public Works, Operations Manager. However, this provision in no way excuses the Contractor or relieves the Contractor in any other way from the provision of staffing, equipment, supervision, or execution of the work required by the Contractor under the agreement. Any alterations or modifications of or to the work performed under this agreement shall be made only by written agreement between the Contractor and the Department of Public Works and shall be made PRIOR to commencement of the altered or modified work. No claims for any extra work or materials shall be allowed unless covered by written agreement.
All questions concerning the bid shall be submitted to the Procurement Services Team. Questions requiring a clarification or interpretation of the specifications shall be submitted to the Procurement Department in writing at least five working days prior to the bid opening so that the Procurement Department can issue a written response to all bidders in the form of an addendum. Whenever the answer to a question is contained in the bid documents, the bidder shall be directed to the provision in the specifications which responds to the question. The City of Naperville, Illinois will not be responsible for any other explanation of the specifications made prior to the receipt of bids.
Prior to execution of the contract, the awarded contractor shall be required to obtain Performance and Payment Bonds as per Section 18 in the General Terms and Conditions.
Unless the proposal form states that an alternate proposal is permissible, each vendor may submit only ONE proposal. If an unsolicited alternate is included in the bid, only the first proposal seen by the City will be read and considered.
When working in public streets and right-of-ways, the Contractor shall provide all necessary traffic control in accordance with the Uniform Manual of Traffic Control Devices or as required by applicable regulations of the city of Naperville and/or other agencies having jurisdiction over the work area. At all times, a minimum of one lane in each direction shall be maintained, only closing the lane or lanes that are required to complete the work.
The Contractor must furnish all of the material, labor, and equipment necessary to comply with this provision, and all costs to comply shall be borne by the Contractor and be considered incidental to the contract.
The Contractor shall exercise all necessary caution to protect public pedestrian and employee traffic and to protect all public and private property from injury or damage caused by the Contractor's operations. Any practice deemed hazardous by qualified City staff shall be immediately halted upon verbal or written notification. The Contractor shall comply with all OSHA, NIOSH, and other applicable federal, state, and local regulations, codes, and/or ordinances. Anything damaged by the Contractor’s work or operations shall be repaired and/or replaced by the Contractor with no additional costs to the contract or the City.
If the Contractor fails to repair or replace damaged property within ten business days, the City may repair or replace such damaged property and deduct its cost form the invoice due to that Contractor.
Contractor agrees to comply with the Employment of Illinois Workers on Public Works Act (30 ILCS 570/0.01 et seq.) and employ Illinois laborers if, at the time this contract is executed or during the term of this contract, there is excessive unemployment in Illinois as defined in the Act. To review the statute, please click on the link found here.
A party who has quoted prices for work, materials, or supplies to a bidder is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the work, materials, or supplies.
Unless otherwise specified in the specifications, all formal bids submitted shall be binding for ninety (90) calendar days following date of opening.
The successful bidder must be in compliance with State of Illinois HB-1855 (Public Act 095-0635), which amends the Prevailing Wage Act. Before an employer commences work on a public works project, the employer shall have in place a written program which meets or exceeds the program requirements in this Act, to be filed with the public body engaged in the construction of the public works and made available to the general public, for the prevention of substance abuse among its employees. The testing must be performed by a laboratory that is certified for Federal Workplace Drug Testing Programs by the Substance Abuse and Mental Health Service Administration of the U.S. Department of Health and Human Services.
The fees for Leaf Collection services specified for the area shall remain constant over the term of this Agreement, and shall not be adjusted annually to reflect any change in the costs of providing service.
Pricing should be provided for per lane mile, per collection cycle for Districts 10 and 12. For low bid determination, that number is multiplied by the lane miles for each district and multiplied by three collection cycles for a Total Base Bid for three collection cycles and for a two-year initial period per the attached Bid Worksheet (Exhibit C).
A written request for the withdrawal of a bid will be granted if the request is received by the City prior to the specified time of opening.
The Contractor shall submit all invoices for payment to the City of Naperville, Department of Public Works, 180 Fort Hill Drive, Naperville, IL 60540. Total cost will be determined based on multiplying the bid price per lane mile per collection cycle by the total lane miles traveled by the Contractor.
The invoice shall include the work performed (Lane miles traveled and cubic yards collected/disposed of for each of the collection periods). There will be three invoices for the City, unless additional work is requested, and that work shall be invoiced separately.
Contractor acknowledges that the Freedom of lnformation Act, 5 ILCS 140/1 et seq. (the "ACT") places an obligation on the City to produce certain records that may be in possession of the Contractor. Contractor shall comply with the retention and documentation requirements of the Local Records Retention Act 50 ILCS 205/1 et seq. and the Act and shall maintain all records relating to this Agreement in compliance with the Local Records Retention Act (complying in all respects as if the Contractor was, in fact, the City). Upon notice from the City, Contractor shall review its records promptly and produce to the City within two business days of said notice from the City the required documents which are responsive to a request under the Act. If additional time is necessary to comply with the request, the Contractor may request the City to extend the time to do so, and the City will, if time and a basis for extension under the Act permits, consider such extensions. In the event Contractor fails to produce the requested records or fails to produce the requested records within the time period required above and the City is assessed a fine, fee or penalty for failure to timely comply with Act do to Contractor’s actions, Contractor shall reimburse City for all fines, fee or penalties, including reasonable attorney’s fees, paid by the City.
The work in this agreement includes curbside leaf collection and disposal services. The Contractor will be responsible for the collection and disposal of leaves generated during the course of the City’s curbside leaf collection program in the designated district(s). Leaves shall be collected on City streets, loaded into trucks, and transported to one of several City sites. The Contractor shall completely remove all leaves from the parkway and curb line in a neat, orderly, and timely fashion.
The City’s leaf collection program schedule begins six weeks before Thanksgiving, and continues for six weeks. In 2026, the program will begin on Monday, October 19 and continue until Saturday, November 28. The Contractor shall collect and dispose of leaves from residents in the assigned area that have been deposited in the parkway or streets in Districts 10 and 12 as outlined in Appendix A and B. Each year, the Contractor shall collect leaves from the curb three times during the six-week program.
The City reserves the right to add, reduce, or modify services and locations as its needs require. Added or reduced sites are subject to the same terms and conditions in this bid with no pricing adjustments.
At the time assigned for the opening of formal bids, the bids will be opened and read aloud. Bidders are encouraged to attend all openings and to offer constructive suggestions for improvements to the bid format or any way in which greater savings can be realized in future bidding opportunities.
The contract will be awarded to the lowest responsible bidder, or any other bidder determined by the City Council to be in the best interest of the City, who complies with all the provisions of the invitation to bid. The City reserves the right to reject any or all bids or to waive any non-conformity in bids received whenever such rejection or waiver is in the best interests of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to satisfactorily perform a contract, has not completed contracts on time, or who investigation shows is not in a position to perform the contract.
In determining responsibility, the following qualifications will be considered by the City:
(a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
(b) Whether the bidder can perform the contract or provide service promptly, or within the time specified, without delay or interference;
(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(d) The quality of performance of previous contracts or services;
(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
(f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
(g) The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
(h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
(i) Bidder's record of experience in construction improvements of the size and type required in the bid specifications;
(j) Lowest bids received including discounts for cash payments.
Prior to the start of any work, the Contractor and the Jobsite Manager/Supervisor will be required to complete the City’s Contractor Safety Orientation Checklist at a pre-construction meeting. No work can begin until the completed form has been received and signed by the Jobsite Manager/Supervisor. A sample of the Contractor Safety Orientation Checklist is included as part of the bid document.
QUALITY AND SERVICE STANDARDS
The Contractor hereby acknowledges and agrees that leaf collection services are important to the residents of the City of Naperville and agrees to provide the highest quality of Leaf Collection Services. The Contractor shall completely remove all leaves from the parkway and curb line in a neat, orderly, and timely fashion.
The Contractor shall cooperate with the City in minimizing residents’ complaints. Continued unreasonable complaint levels, as determined by the City, or failure of the Contractor to carry out any of its contractual obligations, including but not limited to, rude treatment of residents, messy collections, damage to persons or property and early start-up may be due cause for the City to terminate this Agreement after the Contractor has been provided with due notice and an opportunity to cure their failure to perform.
The Contractor shall provide Leaf Collection Services with as little noise, disturbance, and disruption as possible and shall not litter while in the process of making collections, or otherwise allow leaves to blow, fall, or spill from any vehicle used for collections.
The Contractor shall leave the streets clear of leaves after each collection and shall promptly notify the City of any obstructions that hinder its performance. If the obstruction is removed within twenty-four hours, the Contractor shall return to the obstructed area and complete the services within forty-eight hours.
The City shall notify the Contractor within twenty-four hours of any service deficiencies, including missed collections, that does not meet the standard of service. The contractor shall have forty-eight hours to correct any deficiency.
COLLECTION DISTRICTS
District 10 has 70 total lane miles (See Exhibit A for detailed information)
District 12 has 60 total lane miles (See Exhibit B for detailed information)
MATERIALS AND ESTIMATED QUANTITIES
The primary materials collected are leaves; however, some additional organic material may be present, such as grass clippings, brush material, and other plant materials. Materials and quantities shown herein are estimated, and as such may not represent the actual quantities required throughout the duration of the contract. The Contractor is responsible for the collection and disposal of all material collected during the program.
It is estimated that the City will collect a total of 50,000 – 52,000 cubic yards of leaves citywide during the fall collection, and this is equivalent to approximately 2,800 to 2,900 dump-truck loads. The actual quantity may increase or decrease, and the total cubic yards of leaves to be collected and disposed of under this Contract have not been determined. Accordingly, the City does not guarantee that, nor does the Contractor have a right to demand that, the work under this Contract will in fact include the estimates provided herein.
The Chart Below shows the cubic yards collected in 2025:
Location | Cycle 1 Collection | Cycle 2 Collection | Cycle 3 Collection | Total Collection |
District 10 | 480 | 1,760 | 1,755 | 3,995 |
District 12 | 375 | 1,010 | 2,585 | 5,862 |
Citywide | 6,658 | 19,124 | 26,507 | 52,289 |
EQUIPMENT
The Contractor shall furnish Leaf Collection machines, trucks, and other equipment necessary to completely satisfy the requirements of this agreement. The Contractor must show proof of vehicle ownership and/or a contractual agreement that covers the term of the contract that is acceptable to the City.
All equipment used under this contract shall be maintained in good operating condition and be appropriately licensed and inspected by the State of Illinois. Copies of licenses and the last IDOT safety inspection should be available if requested by the City.
All Contractor equipment may be outfitted with a City-provided Automatic Vehicle Locator (AVL) system. This GPS device will track the collection efforts of the Contractor, and City staff will use a web-based interface to track the daily progress of the Contractor.
SCHEDULE
The Leaf Collection program begins the 3rd full week of October each year, and three collections shall be conducted once every two weeks. The City shall identify the weeks that the leaves will be collected from each district, and the City shall notify the Contractor at least twenty-four hours prior to the actual collection.
The 2026 Schedule is as follows:
The City may, within twenty-four hours of a scheduled collection, postpone a Contractor’s scheduled collection due to weather. If the City postpones a Contractor’s collection, the Contractor shall consult with the City to schedule a replacement collection.
The successful bidder must be able to collect leaves Monday through Saturday from 7:00 am until approximately 6:00 pm.
DISPOSAL SITES
Leaves collected through this contract are to be transported to one of several City sites, located within five miles of the city limits.
The City will notify the Contractor at least twelve hours prior to a collection of the locations(s) for the leaves to be unloaded. The Contractor must unload the leaves at the City sites between the hours of 6:30 am and 4:00 pm, Monday through Saturday.
REPORTING
The Contractor will communicate daily with the City as to their progress and shall submit reports to the City with the following information;
The City will accept in writing one of the proposals, within ninety (90) days from the date of opening of bids, or the time specified within the specifications, unless the lowest responsible bidder extends the time of acceptance to the City. Notice of Award will be posted on OpenGov, our e-bidding site, for all bidders within the time for acceptance specified in the Invitation to Bid.
The City of Naperville intends to award a contract to the responsible bidder submitting the lowest responsive bid. Lowest price shall be determined by the Total Base Bid amount listed on the Bid Worksheet resulting from multiplying the actual number of acceptable units by the unit price items incorporated into the work or service, all as set forth in bid worksheet. In addition, if requested within bid documents, the City may elect to include, within the Total Bid, any combination of additive, alternate, or optional Bid items for which the City determines funds will be available at the time of award. The City will review and make adjustments associated with arithmetic errors to ascertain whether the order of bids is correct. In the event of arithmetic errors in any of the line items, the unit price will be the controlling factor to correct the arithmetic error. The City will not assume that the error exists in the unit price.
Bids submitted are offers only and the decision to accept or reject is a function of quality, reliability, capability, reputation, and expertise of the bidders. The City reserves the right to reject any and all bids or to waive any non-conformity in bids received whenever such rejection or waiver is in the best interests of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to satisfactorily perform a contract, has not completed contracts on time, or whom investigation shows is not in a position to perform the contract. The City of Naperville reserves the right to award individual bids to more than one vendor if it is deemed to be in the best interest of the City. The City reserves the right to increase or decrease the contract quantity without penalty from the contractor to the City.
Unless otherwise specified by the City, the City reserves the right to make an award on all items, or on any of the items according to the best interests of the City. Bidder may restrict his bid to consideration in the aggregate by so stating but must name a unit price on each item bid upon. The City reserves the right to accept or reject any bid in which the bidder names a total price for all the articles without quoting a price on each and every item.
Companies awarded bids should be registered to do business in the State of Illinois. The Procurement Department may verify status with the State by calling 217-782-7880 prior to awarding contract.
In the event of a tie, the City will give preference according to the Veterans Preference Act; Illinois Revised Statutes, Chapter 126-1/2, Section 23, Effective July 1, 1935 as amended September 6, 1990; In the employment and appointment to fill positions in the construction, addition to, or alteration of all public works undertaken or contracted for by the State, or by any political subdivision there, preference shall be given to persons who have been members of the armed forces of the United States or who, while citizens of the United States, were members of the armed forces of allies of the United States in time of hostilities with a foreign country, and have served under one or more of the following conditions:
(1) The veteran served a total of at least six months, or
(2) The veteran served for the duration of hostilities regardless of the length of engagement, or
(3) The veteran served in the theater of operations but was discharged on the basis of hardship, or
(4) The veteran was released from active duty because of a service connected disability and was honorably discharged. But such preference shall be given only to those persons who are found to possess the business capacity necessary for the proper discharge of the duties of such employment. No political subdivision or person contracting for such public works is required to give preference to veterans, not residents of such districts, over residents thereof who are not veterans.
When noted in the specifications, the City reserves the right to require the successful bidder to supply a Performance Bond and a Labor and Materials Bond within ten (10) calendar days of acceptance of the bidder's proposal by the City. The bonds, unless otherwise specified by the Procurement Manager, shall be 100% of the total contract price.
In the event that the bidder fails to furnish the above mentioned bonds within ten (10) calendar days after acceptance of bid by the City, then the bid deposit of the bidder shall be retained by the City as liquidated damages, it being now agreed that said sum is a fair estimate of the amount of damages that said City will sustain due to the bidder's failure to furnish said bonds.
When a formal, numbered specification is referred to in this invitation, no deviation from that specification will be permitted.
Any reference in the City's specifications to a manufacturer's catalog number is descriptive, not restrictive, indicating articles that are satisfactory. Bids on other makes and catalogs will be considered, provided the bidder clearly states on the face of his proposal exactly what he proposes to furnish; or forwards with his bid, a cut, illustration, or other descriptive matter which will clearly indicate the character of the article covered by his bid.
Where the bidder identifies an item by manufacturer's name, trade name, catalog number, or reference, the bidder shall furnish the item so identified and shall not propose to furnish an "equal" unless the proposed "equal" is definitely indicated within the bid.
The Procurement Manager hereby reserves the right to approve as an equal, or to reject as not being equal, any article the bidder proposed to furnish which contains major or minor variations from specifications requirements, but which may comply substantially therewith.
If no particular brand, model, or make is specified, and if no data are required to be submitted with the bid, the specifications may require the bidder to submit working drawings or detailed descriptive data sufficient for the City to determine if each requirement of the specifications is being complied with prior to manufacture or shipment.
Bid prices, unless otherwise specified in the specifications, must be net, including transportation and handling charges fully prepaid by the contractor to delivery point. All prices are subject to Net 30 on commodities, rentals and services unless otherwise specified. Term #24 does not include construction contracts.
Prices must be a firm monetary figure for the cost of the commodity, service, or project. In the event the City invites bids for the purchase of any item or real property, the City shall not accept a bid which is based upon any other bid, contract, or reference to any other document or numbers not included in the bidder’s bid documents.
Sales to the City of Naperville are exempt from state and local retailers' occupation tax, state and local service occupational tax, use tax, and service use tax pursuant to Rule No. 40 of the Illinois Retailers Occupation Tax Rules issued April 15, 1965. Our tax exemption number is E9997-4398-07.
When an error is made in extending total prices, the unit bid price will govern.
Where quantities are specifically stated, acceptance will bind the City to order and pay for, at contract prices, all such supplies or services delivered that meet the specifications and conditions of the contract.
On "Requirements or Estimated Bid Quantities," acceptance will bind the City to pay for, at unit bid prices, only quantities ordered and delivered. Any reference to forecasted or estimated quantities within the bidding documents is intended to inform the bidder of approximate annual requirements. The City may purchase as little as zero percent (0%) or exceed as much as one hundred percent (100%) of the forecasted or estimated quantities.
Orders against contracts will be placed with the Contractor on a Purchase Order executed and released by the Procurement Manager. Telephonic orders placed directly with the Contractor by the ordering department may be authorized by the Procurement Manager only after execution of an Open End or Blanket Purchase Order.
The successful bidder shall be responsible for the materials or supplies covered by this contract until they are delivered at the designated point. Rejected materials or supplies must be removed by and at the expense of the contractor promptly after notification or rejection.
Failures of a Contractor to deliver within the time specified, or within a reasonable time as interpreted by the Procurement Manager, or failure to make replacement of rejected articles when so requested, immediately or as directed by the Procurement Manager, shall constitute authority for the Procurement Manager to purchase in the open market articles of comparable grade to replace the articles rejected or not delivered. On all such purchases, either: (1) the Contractor shall reimburse the City, within a reasonable time specified by the Procurement Manager, for any expense incurred in excess of contract prices; or (2) the City may deduct such amount from monies owed the defaulting Contractor. Such purchases shall be deducted from contract quantities. Should public necessity demand it, the City reserves the right to use or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Procurement Manager.
Unless otherwise specified, goods shall be delivered in commercial packages in standard commercial containers, so constructed as to insure acceptance by common or other carrier for safe transportation, at the lowest rate, to the point of delivery. Containers become the property of the City unless otherwise specified by bidder in his bid.
Inspections and acceptance of materials or supplies will be made after delivery. Final inspection shall be conclusive except as regards latent defects, fraud, or such gross mistakes as to amount to fraud. Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable. All delivered materials shall be accepted subject to inspection and physical count.
All shipments or deliveries shall be accompanied by packing slips or delivery tickets and shall contain the following information for each item delivered:
Purchase Order Number
Quantity Ordered
Name of the Article
Stock Number
Quantity Shipped
Name of the Contractor
Quantity Back Ordered
The City of Naperville’s payment terms are net 30. The payment date will be calculated based on the invoice receipt date or delivery date, whichever is later. All payments shall be made with electronic payment transfer.
Payment:
All invoices shall be addressed to Accounts Payable, City of Naperville, P.O. Box 3020, Naperville, Illinois, 60566-7020, as indicated on the front of this purchase order and must include vendor’s name and phone number, and clearly list quantities, item descriptions and units of measure.
Contractor agrees to:
(a) Save the City, its agents, and employees harmless from liability of any nature or kind for the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance furnished or used in the performance of the contract which the Contractor is not the patentee, assignee, licensee, or owner; and
(b) Protect the City against latent defects in materials or workmanship and to repair or replace any articles damaged or marred in transit or during delivery; and
(c) Pay for all permits, licenses, and fees and give all notices and to comply with all laws, ordinances, and rules of the City and the State of Illinois.
Unless otherwise specified, the Contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished by him FOR A PERIOD OF ONE YEAR from date of delivery and installation if required unless otherwise specified in the specifications. If within the guarantee period, any defects or signs of deterioration are noted which, in the opinion of the City, are due to faulty design and installation, workmanship, or materials, the City shall notify the Contractor. At the Contractor's expense, the Contractor shall repair or adjust the equipment or parts to correct the condition or replace the part or entire unit to the complete satisfaction of the City.
At the Contractor's expense, the Contractor shall procure and maintain in effect throughout the duration of this contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.
The Contractor must furnish Certificates of Insurance to the City before staff recommends award of the contract to City Council. If requested, the awardee of this bid will give the City a copy of the insurance policies. The policies must be delivered to the City within two weeks of the request. All insurance policies shall be written with insurance companies licensed to do business in the State of Illinois and having a rating of not less than A: VII according to the A.M. Best Company. Should any of the insurance policies be canceled before the expiration date, the issuing company will mail 30 days written notice to the City. The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
The limits of liability for the insurance required shall provide coverage for not less than the following amounts, or greater where required by law. If the Contractor maintains higher limits than the minimums shown below, the City shall be entitled to coverage for higher limits maintained by the contractor.
(A) Commercial General Liability:
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) and include Premise/Operations, Products/Completed Operations, Independent Contractors, Contractual and Personal Injury/Advertising Injury.
Limits:
General Aggregate $2,000,000.00
Products/Completed Operations $2,000,000.00
Each Occurrence $2,000,000.00
Personal Injury $2,000,000.00
(B) Automobile Liability:
Coverage shall be at least as broad as Insurance Services Office Form CA 00 01 to include all Owned, Hired, Non-owned vehicles.
Limits:
Combined Single Limit Per Accident $2,000,000
(C) Workers’ Compensation:
Coverage shall be as required by the State of Illinois, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D) Employers’ Liability
Limits:
Each Accident $1,000,000
Each Employee Bodily Injury by Disease $1,000,000
Policy Limit Bodily Injury by Disease $1,000,000
(E) Other Insurance Provisions
The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insured’s with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement to the Contractor’s insurance policy, or as a separate owner’s policy.
2. For any claims related to this project, the Contactor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
The Contractor understands that the acceptance of Certificates of Insurance, policies and any other documents by the City in no way releases the contractor from the requirements set forth herein.
The Contractor shall defend, indemnify, and hold harmless the City and its officers, agents and employees, from any and all liability, losses or damages as a result of claims, demands, suits, actions, or proceedings of any kind of nature,, including but not limited to costs and fees, including reasonable attorney’s fees, resulting from any negligent or willful act or omission on the part of the Contractor or Contractor’s subcontractors, subconsultants, or sub-vendors, or their respective employees, agents and representatives, during the performance of this Agreement, including without limitation, failure to comply with all applicable federal, state, and local laws, rules, ordinances, regulations, orders, federal circulars and all license and permit requirements. Such defense, indemnification, and hold harmless provisions shall not be limited by reason of any insurance coverage provided for herein. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them in which case the Contractor shall be liable for the reasonable cost, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Government and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-102 et seq. The provisions of this paragraph shall survive completion, expiration or termination of this Agreement.
The Contractor shall, to the maximum extent permitted by law, indemnify, defend, and hold harmless the City, its officers, employees, agents, and attorneys from and against any and all liability, including without limitation, costs of response, removal, remediation, investigation, property damage, personal injury, damage to natural resources, health assessments, health settlements, attorneys' fees, and other related transaction costs arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C.A. Sec. 9601, et seq., as amended, and all other applicable statutes, regulations, ordinances, and under common law for any release or threatened release of the waste material collected by the Contractor, both before and after its disposal.
Assignment of this contract or any part thereof, or any funds to be received there under by the Contractor shall be subject to the approval of the City of Naperville.
Contracts will remain in force for full periods and until all articles ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall have been met, unless:
The contract may be canceled or annulled by the City Council in whole or in part by written notice of default to the Contractor upon non-performance or violation of contract terms. Upon receipt of such notice, the Contractor shall have fourteen (14) days with in which to cure any default or violation. If the default or violation is not cured with in the specified time an award may be made to the next lowest Bidder, or articles specified may be purchased on the open market. In either event, the defaulting Contractor (or his surety) shall be liable to the City for costs incurred by the City in excess of the defaulted contract prices. However, the Contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause.
It is a federal law that chemical manufacturers and importers must develop an MSDS for each hazardous chemical they produce or import and must provide the MSDS automatically at the time of the initial shipment of a hazardous chemical to a downstream distributor or user, or anytime the chemical makeup of the product is changed. Distributors must also ensure that downstream employers are similarly provided an MSDS.
Vendors who are awarded this contract, and if the above paragraph applies to this bid, must submit Material Data Sheets which include information regarding the specific chemical identity of the hazardous chemical(s) involved and the common names. In addition, information must be provided on the physical and chemical characteristics of the hazardous chemical; known acute and chronic health effects and related health information; exposure limits; whether the chemical is considered to be a carcinogen by NTP, IARC, or OSHA; precautionary measures; emergency and first-aid procedures; and the identification of the organization responsible for preparing the sheet.
The Contractor and Contractor’s employees, agents, subconsultants and subcontractors shall comply with all applicable federal, state and local laws, rules, ordinances, regulations, orders, federal circulars and license and permit requirement in the performance of any Contract pursuant to this bid, including, without limitation and to the extent applicable, the Illinois Prevailing Wage Act, the federal Davis-Bacon Act, and the Employment of Illinois Workers on Public Works Act. The Contractor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes.
This contract shall be governed by and construed according to the laws of the State of Illinois except that sections 2 through 8 of the Local Government Prompt Payment Act (50 ILCS 505/2-8) shall not be applicable. Venue for any action related to this agreement shall be in the Circuit Court for the 18th Judicial Circuit, DuPage County, Illinois.
If this contract calls for the construction of a “public work”, within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01et seq. (“the Act”), the Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the “prevailing rate of wages” (hourly cash wages plus fringe benefits) in the county where the work is performed. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website at:
https://www2.illinois.gov/idol/laws-rules/conmed/pages/prevailing-wage-rates.aspx. All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage, notice and record keeping duties.
Pursuant to PA 100-1177 and in accordance with 820 ILCS 130/5.1, Contractors shall submit to the Illinois Department of Labor (IDOL) all certified payroll records for prevailing wage work performed by contractor employees or subcontractors. IDOL is charged with developing and maintaining an online portal for prevailing wage construction contractors to file their certified payrolls. The portal may be accessed by visiting https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/CertifiedTranscriptOfPayroll.aspx.
Every contractor on a public works project or improvement or hazardous waste clean-up and on-site disposal project in this State may place on such work no more than 3, or 6 in the case of a hazardous waste clean-up and on-site disposal project, of his regularly employed non-resident executive and technical experts, even though they do not qualify as Illinois laborers as defined in Section 1 of Article 2 of this Act.
Whenever a period of time is provided for in this Agreement for either the CITY or Contractor to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform due to causes beyond the control of said party such as war, riot, strike or lockout by or against either party’s own employees or suppliers, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado or any act of God; provided, however, that said time period shall be extended for only the actual amount of time said party is so delayed. Except as to a strike or lockout by or against either party’s own employees or suppliers, an act or omission shall not be deemed to be “beyond Contractor’s control” if committed, omitted or caused by Contractor, Contractor’s employees, officers or agents or a subsidiary, affiliate or parent of Contractor or by any corporation or other business entity that holds a controlling interest in Contractor, whether held directly or indirectly.
The order of precedence of the component contract parts shall be as follows:
1. Addenda if any.
2. Project Specific Instructions to Bidders.
3. Project Specific Supplementary Conditions to Project Specific General Conditions.
4. Project Specific General Conditions.
5. City of Naperville General Terms and Conditions and Instruction to Bidders.
6. Special Conditions, Detailed Specifications and Special Provisions.
7. Plans or City drawings.
8. Standard Specifications of the City, State, or Federal Government.
9. Performance Bond, if required.
The foregoing order of precedence shall govern the interpretation of the contract in all cases of conflict or inconsistency therein, except as may be otherwise expressly provided by the City.
In addition, in the case of a conflict between any term or provision contained in the contract documents which cannot be resolved by the order of precedence set forth above, the term or condition that is more stringent and/or specific shall govern and apply.
The Contractor shall cooperate with the City and provide the City, when requested, with access to data, information and documentation pertaining to the work. City requests for information may be based on requests from federal or state regulatory agencies, other governmental agencies, courts of law, consultants hired by the City or other parties, which in the City’s opinion, require the information.
Data, information and documentation will include, but not be limited to, original estimate files, change order estimate files and detailed worksheets; subcontract and supplier proposals for both successful and unsuccessful bidders; all project related correspondence; subcontractor and supplier change order files (including detailed documentation covering negotiated settlements); back-charge logs and supporting documentation; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates, or dividends received; and any other supporting evidence necessary to substantiate charges related to the contract (both direct and indirect costs, including overhead allocations as they may apply to costs associated with the contract).
The Contractor will provide the City with copies of all requested records in a computer-readable format (if available) as well as hard copy.
The Contractor shall retain and preserve all information relating to the work for a period of at least four (4) years from the date of the completion of the work.
The City will have the right to audit any records necessary to permit evaluation and verification of contractor compliance with contract requirements throughout the term of the contract and for a period of four years after final payment, or longer if required by law.
The City will have the right to interview any of the contractor’s current and former employees, as related to this contract, during the audit.
The Contractor will provide the City with adequate and appropriate work space, with access to photocopy machines, during the audit.
The Contractor will include in its subcontracts a provision granting the City the right of audit provisions against subcontractors as contained in this article.
This contract is contingent on the receipt of funding in future years. The terms of this contract and any Purchase Order issued for multiple years under the Contract are contingent upon sufficient appropriations being approved by the City Council. Notwithstanding any language to the contrary in the solicitation, purchase order, or any other Contract document, the City may terminate its obligations if sufficient appropriations are not approved by the City Council. The City’s decision as to whether sufficient appropriations are available is final and binding on all parties.
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