city of danville BID 811 - 212-216 N Logan Demolition BID Packet.pdf

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Attached to
212-216 N Logan Demolition
Solicitation number
811
Issued by
St. Clair County, Illinois

About this file

This Invitation to Bid (ITB) document is issued by the City of Danville, Illinois Public Works - Operations Division for BID Number 811, covering the demolition of structures located at 212-216 N Logan Street. The project scope includes complete removal of all above-grade structures, associated asbestos abatement, foundation and footing demolition, basement and crawl space debris removal, removal of detached garages and driveways, site restoration with backfill and seeding, and all demolition debris disposal. The contractor is responsible for all tipping fees associated with the project. Questions regarding the solicitation must be submitted in writing by October 22, 2026 at 5:00 p.m. Sealed bid submittals are due on October 29, 2026 at 10:30 AM at Danville City Hall, 17 West Main Street, Danville, Illinois 61832, with public opening and reading of bids to follow. A non-mandatory pre-submittal meeting is scheduled for October 19, 2026 at 10:00 AM at the demolition site. Demolition must be completed within 90 days of contract award. The City reserves the right to make award within 90 calendar days of the submission deadline, after which vendors may withdraw unselected proposals.

Pricing shall be submitted as a firm, fixed lump-sum price for complete structure demolition and site restoration, including all labor, supervision, equipment, tools, and materials necessary to comply with City of Danville Ordinance 151.26 and applicable federal, state, and local requirements. A bid bond or proposal guarantee equal to five percent (5%) of the total proposal value is required with submission. Upon award, the contractor must provide a performance bond for 100 percent of the contract price. The contractor must maintain a Certificate of Insurance with minimum limits of $1,000,000. The contract is subject to Illinois Prevailing Wage Act requirements, certified payroll reporting, Public Construction Bond Act provisions, domestic steel procurement requirements, Illinois worker employment preferences, substance abuse prevention program requirements, and veteran's preference considerations. The selected vendor must provide any required conditional award items within 14 days of Notice of Award and execute a City-provided or City-approved contract prior to contract execution by the City.

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Solicitation Documents – Table of Contents

Advertisement of Legal Notice

Introduction

Instructions

Scope of Work

Insurance Requirements

Bonding Requirements

Statement of Qualifications (If required or applicable)

Method of Award

Vendor Submittals & Confirmations

Standard Terms & Conditions

Special Terms & Conditions

Advertisement of Legal Notice City of Danville Public Works – Operations Division

INVITATION TO BID (ITB):

The City of Danville will receive proposals for the following:

BID Number 811

212-216 N Logan Demolition

This project includes the demolition of the 212-216 N Logan Street structures, associated asbestos abatement, demolition debris disposal, and site restoration.

Submittals will be received until 10:30 AM prevailing local time on Thursday, October 29th, 2026, in the office of the City Clerk located at City Hall, 17 West Main Street, Danville, IL 61832. Submittals will be publicly opened and read aloud thereafter.

Dustin Brown Demolitions Manager City of Danville

Introduction

Summary City of Danville, Illinois, is seeking bids for the demolition of the 212-216 N Logan Street structures, associated asbestos abatement, demolition debris disposal, and site restoration.

Contact Information Procurement Contact Dustin Brown Demolitions Manager 1155 E. Voorhees Street, Suite A Danville, IL 61832 dbrown@cityofdanville.org

(217) 431-2288

Department:

Public Works – Operations Division

Department Head:

Dave Ruwe, Jr., Director of Public Works

Timeline Question Submission Deadline: October 22nd, 2026

• 5:00 p.m.

Bid Submission Deadline: October 29th, 2026

• 10:30 AM, Danville City Hall at 17 West Main Street, Danville, IL 61832

Instructions

Submission All submittals shall be provided in the format requested in a direct and concise manner. Submittals will be received until 10:30 AM prevailing local time on Thursday, October 29th, 2026, in the office of the City Clerk located at City Hall, 17 West Main Street, Danville, IL 61832

Mailed bids shall be submitted in a sealed envelope and clearly marked on the outside with:

• Project/Contract Name

• Bid Number (if applicable)

• Bid Opening Date and Time

• Name and Address of Bidder

The envelope shall bear the following statement prominently on the exterior:

"SEALED BID – DO NOT OPEN"

Bids received in envelopes that are not properly identified may be inadvertently opened during normal mail processing. The Municipality shall not be responsible for the premature opening of bids that are improperly labeled.

Any submittals received after the date and time specified in the request shall not be considered and will not be opened.

It is the responsibility of the prospective vendors to ensure their submittal is complete in accordance with the requirements of this request.

Opening Submittals shall be opened publicly and read aloud in the presence of one or more witnesses at the time and place designated. All submittals will be reviewed for responsiveness.

Pre-Submittal Meeting Non-Mandatory meeting on October 19th, 2026 at 10:00 AM at the demolition site, 212 N.

Logan

Definitions

1. The term “City” refers to the City of Danville, Illinois.

2. A prospective Contracting Agency will be referred to as the “Vendor”, “Bidder”, “Contractor”, “Respondent”, “You”, or “Consultant.”

3. “Request”, “Invitation”, or “Solicitation” shall refer to this document that specifics the goods/services sought by the City.

4. “Proposal”, “Response”, or “Bid” shall refer to all proposals, bids, quotes, and/or qualifications submitted in response to the request or invitation.

5. “Time” shall refer to all time limits designated as days within these documents and shall be interpreted to mean calendar days unless otherwise specified.

6. A “Calendar Day” is every day on the calendar.

Public Records and Requests for Confidential Treatment

1. Proposals become the property of the City and, along with late submissions, will not be returned to the proposing party. Your proposal will be open to the public under the Illinois Freedom of Information Act (“FOIA”) (5 ILCS 140) and other applicable laws and rules, unless you request in your proposal that City treat certain information as exempt.

2. A request for confidential treatment will not supersede the City’s legal obligations under FOIA. The City will not honor requests to exempt entire proposals, and it shall be your responsibility as the proposing party to show the specific grounds under FOIA or other law or rule that support exempt treatment. Regardless the application of any exemptions pursuant to FOIA or other law or rule, the City shall disclose the successful proposer’s name, the substance of the proposal, and the price.

3. If you request exempt treatment of portion(s) of your proposal, you must submit an additional copy of your proposal with such exempt information redacted. This copy must state the general nature of the material redacted and shall retain as much of the proposal as possible. You, the proposing party, shall be responsible for any costs associated with the City’s defense of your request for exempt treatment.

4. Further, you agree to allow the City to facilitate evaluation, or to respond to requests for public records. Additionally, you warrant that the copy or duplication of your proposal pursuant to a request for public records will not violate the rights of any third party.

5. Any restriction on the use of proprietary information contained within a proposal shall be clearly stated as such within the proposal. The City will only be able to comply with a request for confidentiality to the extent allowed by law.

Responsibilities of Respondent

1. It shall be the responsibility of each Respondent to be fully familiar with the instructional, technical, legal, and other requirements or conditions contained in and included with this Request and any associated addenda. No plea of error or ignorance by a Respondent regarding this information shall be accepted.

2. Should a Respondent find discrepancies or omissions in the specifications or other contract documents or be in doubt as to the meaning of any specification or term, the Respondent shall notify the City at least two (2) business days prior to the deadline for submission.

3. The Contractor shall indicate in its submittal whether subcontractors may be used for any portion of the work and, if so, furnish a written list of all proposed subcontractors and the nature of the Work being provided.

4. The successful respondent shall be capable of providing any additional documentation required (typically any required insurance certificates or bonds) and an executed contract in an approved form within fifteen (15) days from the date of the Notice of Award.

5. Unless specified otherwise, successful respondent shall execute a City provided or City approved contract. Contract documents shall incorporate all requirements/conditions established in the solicitation, along with Vendor submissions, other required documents post-award, contract, and any associated change orders.

Questions All questions or RFI’s pertaining to this request shall be submitted in writing via email to Dustin Brown at dbrown@cityofdanville.org and no later than November 18th, 2026.

Addenda Any addenda shall be posted to the City website; or Quest CDN if utilized for this solicitation. Addenda notifications will be emailed to all persons on record as following this procurement. Failure of any prospective vendor to receive any such addenda or interpretation shall not relieve prospective vendors from any obligation under their bid as submitted. Failure to formally acknowledge receipt of addenda may result in a submittal being deemed nonresponsive. All addenda so issued shall become part of the contract documents.

Withdrawal of Submittals Submittals may be withdrawn prior to the submission deadline by requesting so in writing to the procurement contact. After withdrawing a previous submission, the vendor may submit another submittal at any time prior to the submittal deadline. If an award is made, the City shall do so within ninety (90) calendar days of the actual submission deadline.

During this 90-day period, submissions constitute irrevocable offers subject to acceptance by the City and the Vendor may not withdraw or attempt to change its submittal. After such time has elapsed, the Vendor may withdraw the proposal if it has not been selected prior to the request to withdraw. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of submittals following the submittal deadline, or to cancel awards or contracts based on mistakes, will be submitted in writing and will be supported by a written determination made by the City procurement contact.

City’s Rights Reserved The City reserves the right to reject any and all submittals, or any part thereof, and to waive any technicalities or informalities deemed to be in the best interests of the City; any such decision shall be considered final. In order to verify responsible vendor status, the City may request additional information and/or conduct interviews/discussions with any respondent who makes an acceptable or potentially acceptable submittal. The City may make such investigations as it deems appropriate to determine the ability of the Vendor to perform the work, and the Vendor shall furnish the City all such information and data for this purpose as the City may request. The City reserves the right to reject any submittal if the evidence submitted by, or investigation of such Vendor fails to satisfy the City that such Vendor is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of submittals following opening of submittals. During the course of such discussions, the City shall not disclose any information derived from one proposal to any other respondent.

The City may require the solicitation and the respondent’s submittal be incorporated in full or in part as Contract Documents. This implies that the solicitation and all responses, supplemental information, and other submissions provided by the respondent during discussions or negotiations may be held by the City as contractually binding on the successful respondent. When the City determines a respondent’s submittal to be unacceptable, such respondent shall not be afforded an additional opportunity to supplement its submittal. The City will not be liable in any way for any costs incurred by respondents in replying to this solicitation.

Conditional Award Successful Vendor shall provide any required conditional award items and information as may be required within fourteen (14) days from the Notice of Award and prior to execution of the contract by the City to avoid delays and potential award cancellation. Prospective vendors shall be familiar with the requirements in this solicitation related to, but not limited to, insurance and bonding requirements.

No Bid Anyone who does not submit a proposal for the work but who wishes to receive final tabulations or award information may request that information from the procurement contact.

Scope of Work The apparent silence of the specifications as to any detail or apparent omission from it as to a detailed description concerning point shall be interpreted as meaning that only the best commercial material or practice shall prevail and that only items of the best materials or workmanship are to be used. - Complete removal of ALL structures above grade, including all foundation and footing elements.

- Basement and crawl space debris removal; basement floor slabs broken into pieces no larger than two square feet to allow drainage.

- Removal of other foundation slabs, detached garages, driveways, private sidewalks, and stairs on the property.

- Contractor is responsible for all tipping fees associated with demolition.

- All basements, crawl spaces, and excavated areas shall be backfilled with clean fill.

Backfill materials should be layered no more than twelve inches thick and mechanically compacted or water jetted.

- A topsoil layer of at least four to six inches, with at least 100 pounds per acre seeded and covered with straw. Watering for 14 days after seeding is required. Erosion control measures are mandatory on disturbed hillsides or edges near sidewalks or streets.

- Remove all overgrowth, dead trees, and fallen branches. These can be taken to our yard waste facility Monday through Thursday from 7:00 AM to 4:00 PM—no Fridays. No trash, metal, or concrete will be accepted at the yard waste facility.

- Live trees blocking demolition must be trimmed or removed. All scattered debris must be cleaned up, leaving the property neat from alley to street, property line to property line.

- Completion of demolition to all of the standards set forth in the City of Danville Ordinance 151.26.

- The pavement on the north side of the building shall be clean cut down the entire length of the asphalt.

- Watering and maintenance of the grass for the first 30 days is required

Asbestos -An asbestos survey will be provided. Trucks will need to be wrapped by a certified asbestos company due to the safety of the building.

Completion Timeline -Demolition must be completed within 90 days after the awarded proposal.

Insurance Requirements Certificate of Insurance -$1,000,000

Bonding Requirements A. Bid and Proposal Bonds or Guarantees

All proposals made in response to this Request shall be accompanied by a bank draft, cashier's check, letter of credit, certified check (“security checks”) or proposal bond issued by a licensed surety equal to five percent (5%) of the total value of the proposal to secure a proposal. Any check submitted to secure the proposal must be made out to the “City of Danville”. The City will not accept conditional or qualified proposals unless provided otherwise in the request.

Vendors must submit original proposal security checks or bonds so that such proposal security checks or bonds are received by the City by the proposal due date and time.

Failure to do so may result in a proposal being disqualified. Proposal security checks or bonds must be submitted with the proposal and be clearly labeled with the name, address, and phone number of the Vendor; the name of the project; and the proposal due date and time.

This security will be returned upon the signing of a contract with the selected Vendor, the withdrawal of this Request, or the withdrawal of a proposal as set forth by this Request. Failure of the selected Vendor to submit any required documents in the form and time required by the City shall constitute cause for the City to retain the sum posted, not as a penalty, but as liquidated damages. By submission of a proposal, the Vendor acknowledges the impracticability of calculating the actual damages which would be suffered by the City for its failure to comply with the Request and agrees that the sum posted is reasonable.

B. Performance Bonds or Guarantees

This is not required to be provided with the submittal but if awarded, it will be required to execute a contract with the City for this work.

This work requires a performance bond (covering necessary labor, equipment, and material to ensure acceptable performance of work is completed) written for the duration of the contract. The performance bond should be conditioned on full completion of the contract, according to its terms, and payment for materials and labor used in such completion, for 100% of the contract price.

The bond should be in the form of a bond issued by an insurance company licensed to do business in the State of Illinois, cashier’s check, or letter of credit. Upon notice of award, the security should be provided to the City with other contract documents, prior to the City’s execution of the contract document.

Statement of Qualifications If a Statement of Qualifications (SOQ) is required or voluntarily provided with the submittal it shall conform to the requirements outlined below:

A. Qualifications: A brief description of the company and key staff assigned to the work along with relevant licensing, certifications, training, education, knowledge, or long-term experience.

B. Experience: Provide a summary of your experience along with three (3) applicable references where you’ve provided similar goods or services that are being requested. References should be from goods/services provided within the last five

(5) years.

C. Technical Approach: Explain how your company will approach delivery of requested goods/services to demonstrate your understanding and expertise.

D. Ability to Meet Schedule: Identify availability of key staff and proposed means/methods you intend to utilize to ensure compliance with proposed schedule.

Vendors may include any other considerations and information they believe to be related and relevant provided their SOQ does not exceed any prescribed page limits. However, please submit succinct and structured documentation that is responsive to what is being requested. Extraneous marketing materials should not be included with the submittal.

Page Limit: 5

Method of Award A. General

I. Awards shall only be made to Vendors deemed responsible with fully responsive submittals.

II. Should an awarded vendor be incapable of meeting any conditional award provisions, City may make an award to the next ranked vendor.

B. Lump Sum Award

I. If an award is made, it will be made to the Vendor with the lowest, lump sum pricing proposal.

II. Unit price proposals shall be tabulated and cumulated to determine lowest, lump sum pricing proposal.

III. Lump sum shall include any selected alternative bids (if applicable).

Vendor Submittals & Confirmations Submissions shall include all items below denoted as a “required.”

1. Confirmation of Understanding & Authorization*

☐ By confirming, vendor is certifying that they have read and understand the provisions of this procurement and are authorized to submit response on behalf of the company.

Please confirm

*Response required

2. Confirmation of Insurance Requirements*

☐ By confirming, vendor is certifying that they have fully read and are capable of providing any required Insurance at the limits required in accordance with the costs included in their submission. Vendor also certified that they understand that failure to meet these requirements post award may lead to cancellation of award.

Any consideration for alternative limits should have been submitted prior to submittal.

Please confirm

*Response required

3. Cost Proposal

Respondents shall provide a firm, fixed lump-sum price for the complete demolition and removal of the residential structure(s) identified in this solicitation and all associated site restoration activities.

Structure Demolition and Site Restoration

Lump-Sum Cost: $

(written cost)

The lump-sum price shall include all labor, supervision, equipment, tools, and materials necessary to complete the work in accordance with the specifications and applicable federal, state, and local requirements.

The submitted lump-sum price shall represent the total compensation requested for completion of the work. No additional compensation shall be allowed for work necessary to complete the project unless authorized by the City through a written change order.

4. Bid Bond or Proposal Guarantee

☐ Bid Bond or Proposal Guarantee is attached in accordance with Bonding Requirements.

5. Statement of Qualifications (SOQ)*

☐ Vendor already has a satisfactory pre-existing relationship working with the City or will provide one upon request.

☐ Vendor does not have a satisfactory pre-existing relationship working for the City of Danville and an SOQ has been attached for reference.

please upload your SOQ based on instructions provided in section Statement of Qualifications.

*Optional, but the City reserves the right to request if deemed necessary.

6. Would you be utilizing subcontractors for this project?*

☐ Yes

If Yes, provide a list of prospective subcontractors indicating what portions of work they may be performing.

☐ No

*Response required

7. W-9

If you are not already a pre-existing Vendor in the City’s system please upload a current W-9.

Optional, but this will be required if you are contracted with.

8. Does this response have any proprietary information?*

Refer to Public Records and Requests for Confidential Treatment under Instructions.

☐ Yes

If Yes, please include a separate copy of your submittal pre-redacted.

☐ No – By confirming, the vendor understands that the submittal is subject to FOIA and the City is required to share information that is subject to FOIA requirements.

*Response required

9. Equal Employment Opportunity (EEO) Certification

City forms are included under Attachments.

Find information regarding EEO at: https://www.cityofdanville.org/259/Human- Relations or e-mail tdavis@cityofdanville.org.

The EEO Certification does not require a response under Vendor Submittals and Confirmations section to submit.

If a vendor’s submittal is going to independently exceed cost thresholds requiring EEO Certification with the City alone or taken in combination with other contractual work with the City in the current fiscal year, a contract cannot be executed prior to EEO approval.

If an applicant is going to be close to the threshold, we encourage them to proactively upload the EEO paperwork to avoid delays.

Should an award be made to an uncertified vendor that requires certification, the award may be conditional upon awarded vendor obtaining required EEO certification within a prescribed time frame. Failure to meet this award condition may result in award cancellation.

☐ Vendor does have a current and valid EEO Certification with the City.

Please include: EEO Certification # and expiration date

☐ Vendor does not have a current and valid EEO Certification with the City (if checked, select one checkbox below).

☐ ECCR Form and Workforce Profile Form are included with this submittal.

☐ Vendor will seek certification if and upon award

The City strongly encourage prospective vendors to proactively submit the required documents with your submittal if you are not already certified.

Optional, but if applicable this will be required if you are contracted with.

10. Tax Compliance Certification Form 65 ILCS 5/11-42.1-1

☐ Tax Compliance Certification Form is attached in accordance with Bonding Requirements.

A. Does the vendor agree to the following?*

The Vendor agrees that following representations and additional duties are a material part of the contract. The vendor, having been duly sworn under oath, certifies and agrees as follows:

I. None of the Vendor or its partners, officers, owners, employees, or agents have been barred from contracting with a unit of State or local government in the past five years as a result of a conviction for bid rigging, in violation of 720 ILCS 5/33E-3 or any similar offense of any state or the United States which contains the same elements as this offense. 720

ILCS 5/33E-11.

II. None of the Vendor or its partners, officers, owners, employees, or agents have ever been barred from contracting with a unit of State or local government as a result of a conviction for bid rotating, in violation of 720 ILCS 5/33E-4 or any similar offense of any state or the United States which contains the same elements as this offense. 720 ILCS 5/33E-11.

III. If the Vendor holds any elected or appointed office under the laws or Constitution of this State, the Vendor is in compliance with the Public Officer Prohibited Activities Act. 50 ILCS 105/3.

IV. The Vendor is not a municipal officer with a prohibited financial interest in this contract, directly in the officer’s own name or indirectly in the name of any other person, association, trust, or corporation, in accordance with 65 ILCS 5/3.1-55-10.

V. If the Vendor employs commercial motor vehicle operators, the Vendor is in compliance with the Federal Highway Administration rules for controlled substances and alcohol use and testing. 49 CFR Parts 40 and 382.

The representations contained on this document are true, complete, and correct in all respects. The representations contained herein are continuing. If any such representation is no longer true or correct, the Vendor promptly shall notify the City in writing.

Yes

No

When equals "No"

A. If you disagree with a statement, please state the statement and explain why. *

Standard Terms & Conditions These standard terms and conditions shall govern the final contractual obligation of the successful respondent to provide requested goods and services unless supplemental terms and conditions are included which supersede specific individual standard terms and conditions or alternative terms and conditions are negotiated and agreed upon by both parties post-award, prior to final contract execution.

A. Prices – The prices for goods and services are complete and shall include all equipment, labor, materials, shipping, handling, installation, and other charges unless specifically denoted otherwise. Where prices are given in both words and figures, the words shall govern. If there is a discrepancy between the total amount and a unit price, the unit price shall govern.

B. Delivery – Vendor shall complete delivery of goods or services in accordance with the provisions of the request. If a time has not been specified in the request, then delivery should be provided no more than 30 days after the date of the issuance of the purchase order (P.O.). Each shipment of goods shall include a separate invoice.

C. Payment – If payment terms are not indicated, the City shall make payment no more than 30 days after receipt of an invoice, pay application, or pay request that has been approved by authorized City representative. Vendor shall list applicable P.O. number on all invoices and packing lists.

D. Tax Exemption – The City is exempt from paying federal excise tax, state and local retailers’ occupation tax, state and local service occupation tax, use tax, service use tax, and sales tax. The City’s tax exempt number will be furnished to the successful respondent upon execution of a final contract.

E. Inspection; Rejection; Acceptance – Before making payment, the City may inspect all goods delivered and services performed and reject those that are defective or nonconforming. The City may return rejected goods and goods supplied in excess quantities to the Vendor at the Vendor’s risk and expense. The Vendor shall promptly correct all work or services identified to be defective or nonconforming, whether observed before or after completion of the services. The Vendor is responsible for all costs of correcting such defective or nonconforming goods or services, including costs associated with repairing any damage, re‐performing the services, and incurred due to the Vendor’s inadequate performance.

F. Warranties – In addition to all warranties provided by law and unless specified otherwise in the request, the Vendor warrants that the goods delivered pursuant to this request (a) conform to the descriptions and specifications contained herein; (b) are fit for the purpose for which such goods are ordinarily employed and any particular use the City has specified to the Vendor; (c) are new, unused, and safe for their intended purpose; (d) are free from any security interests, liens, claims, or encumbrances; (e) comply with all applicable federal, state, and municipal laws; (f) do not infringe upon or violate any copyrights or patents, unless the City has furnished the designs used on the goods; and (g) will operate for a reasonable period under normal use.

G. Termination – The time for delivery of goods or performance of services pursuant to this request is of the essence. The City may cancel any or all of the contract without liability if the Vendor: (a) fails to meet price, quantity, quality, or delivery requirements; (b) ceases to operate in the normal course of business; (c) declares bankruptcy or otherwise is subject to legal proceedings concerning creditor relief;

(d) applies for or is subject to appointment of a receiver; or (e) makes any assignment for the benefit of creditors. The City also reserves the right to cancel for any other reason permitted by the Uniform Commercial Code.

H. Default – If the City initiates suit for any default of the Vendor and the City substantially prevails in any such suit, the Vendor shall pay the City’s costs to enforce the terms of this P.O., including court costs and reasonable attorneys’ fees.

I. Indemnification – Except for claims based solely upon the negligence, gross negligence, or willful, wanton, or intentional misconduct of the City, its officers, agents, or employees, the Vendor shall INDEMNIFY and DEFEND the City and its officers, agents, and employees against all claims, including attorneys’ fees, arising from (a) any defect in the goods or services that existed at the time of delivery to the City; (b) the Vendor’s breach of any warranty; or (c) the Vendor’s performance or failure to perform the provisions of this P.O.

J. Risk of Loss – The Vendor shall bear the risk of loss, injury, or destruction of the goods or services specified in the final contract until delivery to the specified destination and the City’s inspection and acceptance.

K. Independent Contractor – The City and successful respondent are independent contractors with respect to each other, and nothing in this request or final contract creates an association, partnership, joint venture, or agency relationship between them.

L. Force Majeure – Neither party will be deemed to be in default for performance delays caused by floods, earthquakes, fires, epidemics, pandemics, wars, riots, or other civil disturbances. The City may cancel the contract after determining such delay will prevent successful performance of work associated with contractual terms and conditions.

M. Assignment; Subcontractors – The Vendor shall not assign or subcontract its rights without the City’s prior written approval. All Work performed for the Contractor by any subcontractor will be pursuant to an appropriate written agreement which specifically binds the subcontractor to the applicable terms and conditions of the

Contract Documents, but no contractual relationship shall exist between any subcontractor and City. The Vendor shall obtain from all subcontractors to be used in the performance of this contract appropriate certifications to the representations and additional duties contained in this document. The Vendor shall maintain the subcontracts on file for the duration of this contract and shall promptly provide them to the City upon request. If a subcontractor is or becomes ineligible to work on City funded contracts, the Vendor promptly shall terminate its subcontract upon the City’s request. The Vendor shall include adequate provisions in all subcontracts to allow it to terminate such subcontracts as required herein.

N. Governing Law – All applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the scope of work shall apply to and deemed included in the final Contract. The parties shall construe this contract according to Illinois law and the Danville City Code and shall initiate and maintain any action to interpret or enforce this contract in the Sixth Judicial Circuit Court, Vermilion County, Illinois.

O. Nonwaiver – Either party’s failure to enforce any provision of this contract will not be deemed a waiver of future enforcement of that or any other provision. A waiver of any provision of this contract is valid only if in writing and signed by the parties.

P. Compliance with City Ordinances – Any Vendors doing business with the City shall comply with all applicable City Ordinances including but not limited to Chapter 95:

Human Relations.

Q. Compliance with State Statutes - Any Vendors doing business with the City shall comply with all applicable State Statutes including but not limited to:

I. Human Rights/Non-Discrimination (775 ILCS 5/2-102, 2-105) – Governs equal employment and anti-discrimination requirements.

II. Sexual Harassment Certification (775 ILCS 5/2-105(A)(4) – Governs requirement for a harassment prevention policy.

III. FOIA (5 ILCS 140 et seq.) – Governs public access to records.

IV. Records Retention (50 ILCS 205/1 et seq.) – Governs preservation of public records.

V. Conflict of Interest (50 ILCS 105/3; 65 ILCS 5/3.1-55-10) – Governs financial interest restrictions.

VI. Tax Compliance (65 ILCS 5/11-42.1-1) – Governs contractor eligibility and tax compliance (City Form Required) A. Survival – The obligations set forth in Paragraphs Warranties, Default, Indemnification, and Governing Law will survive the termination of the contract.

B. Contract & Contract Documents – Unless specified otherwise, Vendor shall execute a City provided or City approved contract. Contract documents shall incorporate all requirements/conditions established in this request, along with Vendor submissions, other required documents post-award, contract, and any associated change orders.

C. Use of City’s Name – The City’s name or logo shall not be used in any form of advertising without the City’s prior written permission. The City’s name or logo shall not be used in any form of advertising without the City’s prior written permission.

D. Notice of Award – The City will notify the Successful Respondent of their final selection for award; said notice will include a request for any additional documentation required for execution of contract and notice to proceed.

E. Notice to Proceed – Upon delivery and acceptance of additional documentation required in Notice of Award and Vendor signed contract, City will issue a Notice to Proceed with a countersigned contract.

F. Change Orders – Any modifications or amendment to an existing contract or agreement shall be mutually agreed upon in writing and signed by both the Vendor and authorized City representative.

G. Licenses and Permits – Unless otherwise provided in the Contract Documents, Vendors shall obtain and pay for any required permits and licenses and must provide proof of conformance with any applicable Federal/State/Local permits, licenses, certifications, etc. It is the Vendor’s responsibility to inquire about requirements if anything is unclear.

H. Accessibility – Vendor shall permit authorized City representatives to inspect and audit all data and records related to the goods or services provided or performed under this contract. City representatives shall have access to work sites and have the right to observe and inspect all work.

Special Terms & Conditions These special terms and conditions may modify or be additive to the standard terms and conditions and shall supersede any conflicts between these and the Standard Terms and Conditions.

A. Public Works Projects I. If this contract involves the construction, reconstruction, alteration, repair, improvement, or maintenance of public works, the following terms and conditions shall apply to this work if applicable:

A. Illinois Prevailing Wage Act (820 ILCS 130/1 et seq.) – Governs minimum wages on public works projects.

B. Certified Payroll Requirements (820 ILCS 130/5, 5.1) – Governs payroll recordkeeping and reporting.

C. Public Construction Bond Act (30 ILCS 550/1 et seq.) – Governs performance and Payment Bonds.

D. Steel Products Procurement Act (30 ILCS 565/1 et seq.) – Governs domestic steel requirements.

E. Employment of Illinois Workers on Public Works Act (30 ILCS 570/1 et seq.) – Governs Illinois labor preferences on public works.

F. Substance Abuse Prevention on Public Works Projects Act (820 ILCS 265/1 et seq.) – Governs drug and alcohol testing program requirements

G. Veteran’s Preference Act (330 ILCS 55/1 et seq.) – Governs workforce hiring preference for qualified veterans.

OFFER AND ACCEPTANCE AGREEMENT

CITY OF DANVILLE, ILLINOIS

OFFER AND ACCEPTANCE OF CONTRACT

Solicitation No.: ______________________

Project/Procurement Name: _______________________________

Vendor/Contractor: _____________________________________

Contract Amount: $__________________________

1. OFFER

The undersigned Vendor ("Contractor") hereby offers to furnish all labor, materials, equipment, services, and incidentals necessary to perform the Work identified in accordance with the Contract Documents and for the Contract Price stated herein.

The Contractor certifies that it has examined the Solicitation Documents and all Addenda issued thereto and agrees to perform the Work in accordance with the Contract Documents.

2. ACCEPTANCE

The City of Danville ("City") hereby accepts the Contractor's Offer and awards the Contract identified herein subject to all terms, conditions, specifications, and requirements contained within the Contract Documents.

3. CONTRACT DOCUMENTS

The Contract Documents consist of the following, listed in order of precedence:

1. This Offer and Acceptance Agreement;

2. Any City-issued Purchase Order;

3. Solicitation Addenda issued by the City;

4. The Solicitation (Invitation for Bid, Request for Proposals, Request for Qualifications, Request for Quotations, or other procurement document);

5. Special Conditions and Technical Specifications;

6. General Conditions;

7. Drawings, plans, exhibits, and attachments;

8. The Contractor's submitted proposal, bid, qualifications statement, pricing schedule, and all other documents submitted in response to the Solicitation;

9. Any written clarifications or best and final offers accepted by the City prior to award.

In the event of a conflict between Contract Documents, the document appearing first in the above order shall govern.

4. TERM

The Contract shall commence upon execution by both parties unless otherwise specified in the Solicitation or Notice to Proceed.

5. CONTRACT PRICE

The City shall compensate the Contractor in accordance with the pricing contained in the Contractor's awarded submittal and incorporated Contract Documents.

6. INCORPORATION OF VENDOR REPRESENTATIONS

All representations, certifications, commitments, technical approaches, staffing commitments, schedules, warranties, qualifications, and deliverables contained within the Contractor's submitted proposal shall be deemed material obligations of the Contract unless specifically modified in writing by the City.

7. ENTIRE AGREEMENT

This Agreement and the incorporated Contract Documents constitute the entire agreement between the parties and supersede all prior oral discussions, negotiations, and representations regarding the subject matter herein.

No modification shall be valid unless made in writing and executed by authorized representatives of both parties.

CONTRACTOR

Company Name: _______________________________

Authorized Signature: _________________________

Printed Name: ________________________________

Title: ______________________________________

Date: ______________________________________

CITY OF DANVILLE, ILLINOIS

By: _________________________________________

Name: _______________________________________

Title: _______________________________________

Date: _______________________________________

Attest (if required): ___________________________

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