city of peoria 18-26 Conex Box Painting IFB.pdf

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

September 22, 2026 at 2:00 PM for the goods or services described herein.

IFB 18-26 Conex Box Painting

*THIS IS A PUBLIC WORKS PROJECT AND WILL BE SUBJECT TO THE PREVAILING WAGE ACT*

Company Name ______________________________

INVITATION FOR BID

Issued By

CITY OF PEORIA

PURCHASING DIVISION

PEORIA CITY HALL

419 FULTON ST * ROOM 108

PEORIA, ILLINOIS 61602

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

City of Peoria

Finance Department – Purchasing

Division 419 Fulton St. Peoria, IL 61602

IFB Title: Conex Box Painting IFB # 18-26

TABLE OF CONTENTS

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

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

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

SECTION 4: SCOPE OF WORK/SPECIFICATIONS…………...…………………………..24

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

ATTACHMENT A: TECHNICAL SCOPE AND SPECIFICATIONS

ATTACHMENT B: BID FORM

ATTACHMENT C: SIGNATURE PAGE

ATTACHMENT D: GOOD FAITH EFFORTS REQUIREMENTS

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SECTION 1

LEGAL NOTICE

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

CONEX BOX PAINTING

IFB # 18-26

1.1 OVERVIEW– The intent of this IFB is to find qualified responsive contractors to provide painting services for 5 Conex Boxes per the specifications described in this document. The Conex Boxes are located at the Peoria Fire Training Academy.

1.2 PRE-BID MEETING – A pre-bid meeting will be held at 10:00 AM, September 9, 2026. The meeting will be held at project site Peoria Fire Training Academy – 7130 N Galena Rd. Peoria, IL

61615. The meeting is not required but is recommended. The project site will be accessible, and the meeting minutes will be released as an addendum immediately following.

1.3 BID OPENING – The City of Peoria will accept sealed bids at City Hall – Purchasing Division: 419

Fulton St. RM 108, Peoria, IL 61602, or electronically submitted bids until 2:00 PM September 22, 2026. The public is allowed to attend the opening in person. To view the Bid Opening remotely a link will be provided through the BidNet portal shortly before the scheduled bid opening.

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

Division 419 Fulton St. Peoria, IL 61602

SECTION 2

GENERAL INSTRUCTIONS TO BIDDERS

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

2.1.1 Hardcopy Option - Sealed bids – one (1) original and three (3) copies – will be accepted by the City of Peoria at the Peoria City Hall – Purchasing Division: 419 Fulton St. RM 108, Peoria, IL 61602, until 2:00 p.m. on September 22, 2026. Bids shall be mailed/dropped off in a sealed envelope or package with the bid title and bid number marked on the outside. Please include your company name and return address on the outside of the envelope.

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

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

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

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

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

2.5 ADDITIONAL COPIES OF SPECIFICATIONS - Bidders may secure additional copies of the IFB from the City of Peoria Online Bid Portal.

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

4603 for direct assistance.

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

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

2.8 WITHDRAWAL OF BIDS - Bidders may withdraw their responses at any time prior to the IFB closing time by telephone, fax, or written request. A telephone request must be confirmed in writing within 24 hours of the call and prior to closing time. No bidder shall withdraw their response for a period of sixty (60) calendar days from the IFB opening date. Negligence on the part of the proposer in preparing a response to the IFB confers no right of withdrawal or modification of a Bid after it has been opened. No Bid will be opened which has been received after the closing time specified in the

IFB and it will be returned unopened to the proposer.

2.9 ALTERNATE BIDS - The specifications describe the supplies and/or service which the City feels are necessary to meet the performance requirements of the City. Bidders desiring to submit a Bid on items which deviate from these specifications, but which they believe to be equivalent, are requested to submit alternate Bids. However, ALTERNATE TENDERS MUST BE CLEARLY INDICATED

AS SUCH AND DEVIATIONS FROM THE APPLICABLE SPECIFICATIONS PLAINLY

NOTED. The Bid must be accompanied by complete specifications of the items offered.

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

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

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

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

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

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

Consultant is certifying they have not been barred from bidding by Federal, State or Local governments and have not been suspended or debarred from receiving federal funding.

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

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

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

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

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

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

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

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

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

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

2.18 GOOD FAITH EFFORTS REQUIREMENTS - (projects exceeding $50,000) Minority/Women

Business Enterprise (M/WBE) Utilization – Bidders must demonstrate that they made good faith efforts to meet participation goals. Documentation supportive of their good faith efforts to utilize

M/WBEs must be submitted at the time of bid.

2.18.1 All Bidders must submit a properly completed “Subcontractor Utilization Form.” All Bidders must provide the scope of work to be performed, the dollar amount to be paid, and the percentage amount of the contract for each company listed.

2.18.2 All Bidders must submit a list of qualified M/WBE’s who submitted proposals but will not be utilized. This list must include a justification for not accepting the proposed bid.

2.18.3 All Bidders will make every effort to make subcontract opportunities available to M/WBEs.

However, if such an opportunity cannot be made available, the Bidder must seek a waiver by submitting “M/WBE Participation Waiver Request.” The waiver request must be submitted to the City of Peoria with bid documents.

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2.19 RESPONSIBLE BIDDER ORDINANCE - For public works construction contracts exceeding

$100,000, a “responsible bidder” is one who meets all contract specifications, agrees to comply with those criteria throughout the performance of the contract and satisfies the following responsibility criteria:

2.19.1 Comply with all applicable laws prerequisite doing business in the State of Illinois.

2.19.2 Provides evidence of compliance with:

• Federal Employer Tax Identification Number or Social Security Number (for individuals).

• Provision of Section 2000(e) of Chapter 21, Title 42 of the United States Code and Federal Executive Order No 11246 as amended by Executive Order No

11375 (known as the Equal Opportunity Employer provisions).

2.19.3 Submits certificates of Insurance indicating the following coverage: general liability, workers’ compensation, completed operations, automobile, hazardous occupation, product liability and professional liability insurance.

2.19.4 Comply with all provisions of the Illinois Prevailing Wage Act, including wages, medical and hospitalization and retirement for those trades covered in the act.

2.19.5 Provides evidence of an active apprenticeship and training program approved and registered with the United States Department of Labor Bureau of Apprenticeship and

Training for each of the trades of work contemplated under the award of the contract for all bidders and subcontractors.

2.19.6 Submits certified payrolls as specified in Illinois Public Act 94-0515 for all contractors and subcontractors.

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

IFB Issued.....................................................................................................................August 26, 2026

Pre-Bid Meeting.......................................................................................................September 9, 2026

IFB Opening...........................................................................................................September 22, 2026

Anticipated Project Start Date……………………………..……Within 30 days after issuance of PO

Division 419 Fulton St. Peoria, IL 61602

SECTION 3

CONTRACT TERMS

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

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

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

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

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

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

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

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

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

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

3.5 COMPLIANCE WITH LAWS - In the performance of the Services, Contractor shall comply with applicable regulatory requirements, including federal, State of Illinois, special district, and local laws, rules, regulations, orders, codes, criteria, and standards in effect at the time services are rendered. Contractor must pay all required taxes and obtain all licenses, certificates, or other authorization required in connection with the performance of its obligation hereunder, and

Contractor must require all Subcontractors to also do so. Failure to do so may result in termination of this Agreement with the Contractor. By entering into an Agreement with the City, Contractor represents that to the best of its knowledge, its employees and any Subcontractor used in the performance of this Agreement meet City requirements and have not violated any City ordinance, code, state, federal, or local rules or regulations, and have not been subject to any debarment, suspension, or other disciplinary action by any government agency. Additionally, if at any time the

Contractor becomes aware of such information, it must immediately disclose it to the City.

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

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

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

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

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

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

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

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

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

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

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

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

Contractor ’s work, including activities performed by or on behalf of the Contractor;

products and completed operations of the Contractor; premises owned, leased, or used by the Contractor, or automobiles owned, leased, hired, or borrowed by the Contractor.

The coverage shall contain no special limitations on the scope of protection afforded to the City of Peoria and its officers, officials, employees, agents and/or volunteers.

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

Division 419 Fulton St. Peoria, IL 61602

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

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

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

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

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

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

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

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

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

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

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

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

Any renewal certificate of insurance must be automatically provided to the City at least

30 days prior to the policy expiration. If a self-insured retention or a deductible is maintained on any of the policies, then the amount of the retention or deductible is subject to approval by the City.

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

§13 will be construed as a limitation of liability for the Contractor or any other Service

Provider.

3.11 INDEMNIFICATION - Indemnification for All Other Claims: The Contractor shall hold harmless, defend, and indemnify, for damages arising out of bodily injury, death and property damage, the City, and the City’s officers elected officials, appointees and employees against claims, demands, actions and suits (including reasonable post-tender attorney’s fees and costs) brought against any of them arising from the Contractor ’s work or any of its Subcontractor’s work under this Agreement other than professional services.

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

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

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

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

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

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

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

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

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

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

3.12.4 Contractor is responsible for all costs incurred by the City to enforce any provision of this

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

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

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

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

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

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

3.16 FORCE MAJEURE - Neither the City nor Contractor will be in default of this Agreement if delays in or failure of performance is due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. “Uncontrollable

Forces” means any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and that is beyond the reasonable control of the nonperforming party. It includes floods, earthquakes, storms, lightning, epidemics, war, riot, civil disturbance, sabotage, and governmental actions. It does not include labor disturbances or material shortages.

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

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

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

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

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

3.18 STATUS AS INDEPENDENT CONTRACTOR - Contractor undertakes performance of the

Services as an independent Contractor and will be wholly responsible for the methods of performance.

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

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

3.19 CONFLICT OF INTEREST - The Contractor represents that, to the best of its knowledge, (1) no City employee or agent is interested in the business of the Contractor or this Agreement; (2) as of the date of this Agreement neither the Contractor nor any person employed or associated with the Contractor has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither the Contractor nor any person employed by or associated with the Contractor shall at any time during the term of this

Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement.

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

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

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

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

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

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

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

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

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

§§ 4301-4335)

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

Agreement:

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

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

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• If Contractor hires additional employees in order to perform this Agreement or any portion of this Agreement, Contractor will determine the availability (in accordance with Section 750) of minorities and women in the areas from which Contractor may reasonably recruit and will make a reasonable effort to hire for each job classification for which employees are hired in a way that minorities and women are not underutilized.

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

• Contractor will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising the labor organization or representative of the

Contractor ’s obligations under the Illinois Human Rights Act and Section 750 of the

Illinois Department of Human Rights Rules and Regulations. If any labor organization or representative fails or refuses to cooperate with the Contractor in its efforts to comply with the Act and Part 750, Contractor will promptly notify the Illinois

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

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

City’s ordinances.

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

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

Clause (44 Ill. Admin. Code, Chapter X, Appendix A) in every agreement under which any portion of the Agreement obligations are undertaken or assumed, so that the provisions will be binding upon the Subcontractor. In the same manner as with other provisions of this Agreement, Contractor will be liable for compliance with applicable provisions of this clause by Subcontractor Providers. Further, Contractor will promptly notify the City and the Illinois Department of Human Rights if any

Division 419 Fulton St. Peoria, IL 61602

Subcontractor fails or refuses to comply with the provisions of sections (a) through (f) of this paragraph. Contractor shall not utilize any Subcontractor declared by the

Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.

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

512- 105(A)(4).

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

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

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

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

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

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

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

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

• Although all Contractor is encouraged to obtain Equal Employment Opportunity

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

3.21 NON-SOLICITATION - The Contractor represents that it has not employed or retained any company or person other than bona fide employee working solely for the Contractor to solicit or secure the Contractor , and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Contractor any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of the Agreement. For breach or violation of its representation, the City shall have the right to annul the Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. The Contractor represents that it has no public or private interest and shall not acquire directly or indirectly any such interest which would conflict in any manner with the performance of their Services under the Agreement.

Division 419 Fulton St. Peoria, IL 61602

3.22 EMPLOYEE/EMPLOYMENT RESTRICTIONS - The Contractor agrees, as a condition of accepting this Agreement with the City, that, for a period of one (1) year following completion of this Agreement, it shall be prohibited from hiring, directly or indirectly, any City employee or official who was involved, directly or indirectly in: (1) the selection and/or recommendation to select the Contractor for performance of this Agreement; (2) coordinating the efforts of the

Contractor in the consummation or completion of this Agreement; or (3) monitoring or determining the performance of the Contractor . (Sec. 2-342.) The Contractor further acknowledges and agrees that, upon the City’s determination that a violation of this provision has occurred, the penalty imposed, at the sole discretion of the City, may include one or more of the following: (1) cancellation of any other Agreement(s) between the City and the Contractor ; (2) disqualification of the Contractor from bidding or being awarded future Agreements with the City for a period of two (2) years; and/or (3) payment of liquidated damages to the City in the amount of TWENTY FIVE THOUSANDS DOLLARS ($25,000.00). This section shall not apply to any

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

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

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

Agreement.

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

Contractor that identifies itself as an amendment to this Agreement.

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

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

City Manager

419 Fulton Street

Peoria, IL 61602

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

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

Provider.

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

3.28 DRAFTING CONVENTIONS – As follows:

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

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

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

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

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

Division 419 Fulton St. Peoria, IL 61602

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

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

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

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

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

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

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

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

Division 419 Fulton St. Peoria, IL 61602

3.33 EQUIPMENT REQUIRED – The Contractor shall furnish, at its sole expense, all labor, equipment, machinery, tools, vehicles, materials, and incidentals necessary to perform the work required under this Contract. All equipment shall be suitable for its intended purpose, maintained in safe operating condition, and operated in accordance with all applicable federal, state, and local laws, regulations, and manufacturer recommendations, including applicable OSHA requirements.

3.33.1 The Contractor is solely responsible for the availability, maintenance, repair, and replacement of its equipment. Equipment failures, breakdowns, or shortages shall not excuse delays or relieve the Contractor of its obligation to complete the work within the timeframes specified in the Contract.

3.33.2 Only qualified and properly trained personnel shall operate equipment used in the performance of the work. All equipment shall be equipped with required safety devices and shall be operated in a manner that protects workers, the public, and adjacent property.

3.34 PREVAILING WAGES - Work under some contracts will obligate the Contractor and

Subcontractors not to discriminate in employment practices. Provisions of the Prevailing Wage

Act, 820 ILCS130/0.01 et. seq., may apply to this project. Additional information can be obtained by calling217/782-6206. Applicable prevailing wage rates can be found at the Illinois Department of Labor website or by clicking this link: https://www2.illinois.gov/idol/Laws-

Rules/CONMED/Pages/Rates.aspx

3.34.1 Also applicable to this project are project provisions of the Employment of Illinois

Workers on Public Works Act, 30 ILCS 570/0.01 et. seq., which requires that Illinois residents of 30 days or more be hired for Public Works Projects and improvements if the State Unemployment rate exceeds 5% for two (2) consecutive months.

3.34.2 During the term of the awarded contract or if work continues, whichever is longer, and on a monthly basis, the Contractor shall submit in person, by mail or electronically, a certified payroll to the Designated Representative of the City of Peoria. The certified payroll shall consist of a complete copy of the following records: a list of all laborers, mechanics, and other workers employed by them to perform the work hereunder. The records shall include the following information for each worker:

• Name

• Address

• Telephone number when available

Division 419 Fulton St. Peoria, IL 61602

• Social security number

• Classification

• Hourly wages paid in each pay period

• Number of hours worked each day

• Starting and ending times of work each day

3.34.3 The certified payroll shall be accompanied by a statement signed and sworn to by the

Contractor or subcontractor which avers that:

• Such records are true and accurate.

• The hour rate paid to each worker is not less than the general prevailing rate of hourly wages required by the Prevailing Wage Act(820ILCS130/0.01et.seq.).

• Contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B Misdemeanor.

• Upon two (2) business days’ notice, the Contractor and each subcontractor shall make available for inspection the records identified above to the City, it officers and agents.

3.35 WORKFORCE UTLIZATION - The General Contractor and its subcontractors must provide to the City of…