Diesel_Fuel-_Supply_and_Delivery.pdf

FY2027-ITB-212

DIESEL FUEL- SUPPLY AND DELIVERY

City of Urbana

400 South Vine Street

Urbana, IL 61801

RELEASE DATE: October 8, 2026

DEADLINE FOR QUESTIONS: October 22, 2026

RESPONSE DEADLINE: October 29, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/urbanaillinois

Diesel Fuel- Supply and Delivery

I. Advertisement of Legal Notice II. Introduction

III. Instructions IV. Scope of Work V. Vendor Submittals & Confirmations

VI. Pricing Proposal VII. Evaluation

VIII. Insurance Requirements IX. Standard Terms & Conditions

Title: Diesel Fuel- Supply and Delivery

1. 1. ............................................. Advertisement of Legal Notice

Public Works - Operations Department

INVITATION TO BID (ITB):

The City of Urbana will receive proposals for the following:

Diesel Fuel- Supply and Delivery

The City of Urbana’s Landscape Recycling Center (LRC) buys 10,000 to 12,000 gallons of diesel each year.

LRC is seeking price quotes for a two (2) year contract on the delivered price of USL Dyed #2 diesel fuel.

The 1000-gallon tank for this contract is located at 901 N. Smith Road, Urbana, Illinois.

Proposals are required to be submitted via the City of Urbana's Procurement Portal at https://procurement.opengov.com/portal/urbanaillinois/projects/310807 until 2:00 pm on Thursday, October 29, 2026. ITB instructions and selection procedures may also be obtained from the City of Urbana's

Procurement Portal.

Justin Vozzo

City Arborist

City of Urbana

Publication Date: Thursday, October 8, 2026 https://procurement.opengov.com/portal/urbanaillinois/projects/310807

2. 2. .......................................................................... Introduction

2.1. 2.1. Summary

The City of Urbana, Illinois seeks bids from qualified vendors for supply and delivery of USL #2 dyed diesel fuel to the Landscape Recycling Center at 901 North Smith Road, Urbana, Illinois. Price quotes shall be for a two (2) year contract on the delivered price. Winterized USL #2 dyed diesel shall be supplied between

November and April as needed.

The City of Urbana’s Landscape Recycling Center (LRC) buys an estimated 10,000 to 12,000 gallons of diesel each year. The City makes no guarantee with respect to any quantities. The vendor will schedule to deliver fuel generally once a week. Periodically, the Landscape Recycling Center may need an additional delivery. The vendor shall respond to delivery calls within 24 hours.

2.2. 2.2. Contact Information

Vince Gustafson

Public Works Director

706 Glover Avenue

Urbana, IL 61802

Email: vince.gustafson@urbanail.gov

Phone: (217) 384-2342

Department:

Public Works - Operations

Department Head:

Vince Gustafson

Deputy Director

2.3. 2.3. Timeline

Project Publish Date October 8, 2026

Question Submission Deadline October 22, 2026, 4:00pm

Bid Submission Deadline October 29, 2026, 2:00pm

Bid Opening Location (Non-Mandatory) Urbana Public Works, 706 Glover Avenue, Urbana, Il.61802

Urbana Public Works, 706 Glover Avenue, Urbana, Il.61802 mailto:vince.gustafson@urbanail.gov tel:(217)384-2342

3. 3. ........................................................................... Instructions

3.1. 3.1. Submission & Opening

All submittals shall be provided in the format requested in a direct and concise manner. Submittals are required to be submitted via the City’s e-Procurement Portal by the date/time prescribed in this request. Any submittal received after the date and time specified in the request shall not be considered and will not be opened. Submittals shall be opened publicly through an electronic procurement system in the presence of one or more witnesses at the time and place designated. It is the responsibility of the prospective vendors to ensure their submittal is complete in accordance with the requirements of this request in the City’s e-

Procurement Portal, by the specified time and date. Submittals received after the time and date will not be accepted.

3.2. 3.2. Pre-Submittal Meeting

No Pre-Submittal meeting is required for this procurement.

3.3. 3.3. Definitions

A. The term “City” refers to the City of Urbana except when a request is issued by the Urbana Free

Library, in which case it shall mean “City of Urbana on behalf of the Urbana Free Library”

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

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

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

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

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

3.4. 3.4. Public Records and Requests for Confidential Treatment

A. 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.

B. 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.

C. 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, https://procurement.opengov.com/portal/urbanaillinois/projects/310807 shall be responsible for any costs associated with the City’s defense of your request for exempt treatment.

D. 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.

E. 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.

3.5. 3.5. Responsibilities of Respondent

A. 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.

B. 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.

C. 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.

D. 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.

3.6. 3.6. Questions

All questions pertaining to this request shall be submitted in writing through the OpenGov Procurement

Question & Answer Tab via the City’s e-Procurement Portal until the date/time prescribed in this request. Please include the section title for each question, if applicable, in order to ensure that the questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders/consultants following this solicitation on the City’s e-Procurement Portal.

3.7. 3.7. Addenda

Any addenda shall be posted on the City’s e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this procurement. Failure of any bidder/consultant to receive any such addenda or interpretation shall not relieve such bidder/consultant from any obligation under their bid as submitted. All addenda so issued shall become part of the contract documents.

3.8. 3.8. Withdrawal of Bid/Proposal

Bids/Proposals may be withdrawn through the City’s e-Procurement Portal; the responding firm may

“unsubmit” their bid/proposal in OpenGov Procurement prior to the submission deadline. After withdrawing a previously submitted bid/proposal, the responding firm may submit another bid/proposal at any time prior to the submittal deadline. All proposals submitted in response to this Request shall be irrevocable for a period of Ninety (90) days after the Proposal's due date and may not be withdrawn by the https://procurement.opengov.com/portal/urbanaillinois/projects/310807 https://procurement.opengov.com/portal/urbanaillinois/projects/310807

Vendor during this period. 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 bids/proposals following the submittal deadline, or to cancel awards or contracts based on bid/proposal mistakes, will be submitted in writing and will be supported by a written determination made by the City procurement contact.

3.9. 3.9. City’s Rights Reserved

The City reserves the right to reject any and all submittals, or any part therof, and to waive any technicalities or informalities deemed to be in the best interests of the City. Any such decision shall be considered final. The City may request additional information and/or conduct interviews/discussions with any respondent who submits an acceptable or potentially acceptable submittal to verify they are a responsible bidder. Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision 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 reserves the right to negotiate final specifications, terms and conditions, which may be necessary or appropriate to the accomplishment of the purpose of this solicitation. 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.

3.10. 3.10. No Bid

Anyone whom is not submitting a proposal for the work but wishes to receive final tabulations or award information should “Follow” the project to receive automated notifications pertaining to this solicitation.

4. 4. ....................................................................... Scope of Work

4.1. 4.1. Diesel Fuel

The City of Urbana, Illinois seeks bids from qualified vendors for supply and delivery of USL #2 dyed diesel fuel to the Landscape Recycling Center at 901 North Smith Road, Urbana, Illinois. Price quotes shall be for a two (2) year contract on the delivered price. Winterized USL #2 dyed diesel shall be supplied between

November and April as needed. Any deviations and deletions from these published specifications must be outlined and attached.

Bid price shall be for vendor's markup per gallon above rack price.

Upon award and execution of contract, diesel fuel will be paid for based on rack price plus vendor's markup per gallon actually delivered associated with this bid.

4.2. 4.2. Quantities/Availability

The City of Urbana’s Landscape Recycling Center (LRC) buys an estimated 10,000 to 12,000 gallons of diesel each year. The City makes no guarantee with respect to any quantities.

4.3. 4.3. Delivery

The vendor will schedule to deliver fuel generally once a week. Periodically, the Landscape Recycling Center may need an additional delivery. The vendor shall respond to delivery calls within 24 hours.

4.4. 4.4. Bid Exclusions

It is the fuel vendor’s responsibility to replace fuel pump filters which is typically required twice per year. This is not to be included in the bid price but upon award and contract execution this shall be paid for separately each time it is required.

4.5. 4.5. Length/Exclusivity of contract

The contract resulting from the successful bid(s) shall be in effect from the date of award until October 30, 2028. There will be no options for contract extension on an annual basis. However, the City and individual vendors may enter into a short-term extension of no more than three months for the purpose of covering lapses between contract periods. This short-term extension is contingent upon agreement by both parties involved.

The awarded vendor will serve as “first-call” supplier for materials referenced in the bid. In the case of poor performance or vendor default, the City of Urbana reserves the right to obtain materials referenced in the bid from other vendors that best serves the interest of the City.

5. 5. ..................................... Vendor Submittals & Confirmations

5.1. 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 company.

☐ Please confirm

*Response required

5.2. 2. Confirmation of Delivery Schedule* By confirming, Vendor is certifying that they can meet the prescribed delivery schedule identified in the

Scope of Work.

☐ Please confirm

*Response required

5.3. 3. Do you have an existing Equal Employment Opportunity (EEO) Certification with City of Urbana, Illinois?

☐ Yes

☐ No

When equals "Yes"

5.3.1. 3.1. Upload Equal Employment Opportunity (EEO) Certification with City of Urbana, Illinois

When equals "No"

5.3.2. 3.2. Upload Equal Employment Opportunity (EEO) Packet Find information regarding EEO at: https://www.urbanaillinois.us/government/mayors-office/human-relations/public-vendorscontractors

5.4. 4. Would you be utilizing subcontractors for this project?

☐ Yes

☐ No

5.5. 5. W-9* *Response required

5.6. 6. Does this response have any proprietary information? (Refer to "3.4. Public Records and Requests for Confidential Treatment") *

☐ Yes

☐ No

*Response required

When equals "Yes"

5.6.1. 6.1. Upload Redacted Response* *Response required

When equals "No" https://procurement.opengov.com/portal/urbanaillinois/projects/310807/document?section=2963419 https://www.urbanaillinois.us/government/mayors-office/human-relations/public-vendorscontractors https://www.urbanaillinois.us/government/mayors-office/human-relations/public-vendorscontractors

5.6.2. 6.2. Acknowledgment of FOIA Requests* 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.

☐ Please confirm

*Response required

5.7. 7. Vendor Representations and Additional Duties Form

5.7.1. 7.1. 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:

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. During the term of this contract, the Vendor shall comply with (a) Urbana City Code Section 2-119, which prohibits employment discrimination by contractors and vendors with the City; (B) the Equal

Employment Opportunity provisions of Ill. Admin. Code tit. 44, § 750; and (C) Article 2 of the

Illinois Human Rights Act, 775 ILCS 5/2-101 et seq., including without limitation the requirement that the Vendor have a written sexual harassment policy in conformance with 775 ILCS 5/2-105.

G. If this contract involves the construction, reconstruction, alteration, repair, improvement, or maintenance of public works, the Vendor has filed with the City and made available to the general public a copy of the Vendor’s written substance abuse prevention program, which meets or exceeds the requirements of 820 ILCS 265/15.

H. If this contract involves the construction, reconstruction, alteration, repair, improvement, or maintenance of public works, the Vendor shall use United States produced steel products, in compliance with 30 ILCS 565/4.

I. If this contract involves the construction, addition to, or alteration of public works, the Vendor shall employ laborers in compliance with the Veterans Preference Act (330 ILCS 55/0.01 et seq.) and the

Employment of Illinois Workers on Public Works Act (30 ILCS 570/0.01 et seq.).

J. The Vendor shall comply with all applicable provisions of the Prevailing Wage Act, which requires the payment of the prevailing rate of wage to all laborers, workers, and mechanics employed by or on behalf of a public body in the construction, demolition, maintenance, or repair of public works. 820

ILCS 130/0.01 et seq. The prevailing wage rates are established and revised by the Department of

Labor and are available at www.state.il.us/agency/idol/rates/rates.htm.

K. The Vendor shall obtain from all subcontractors to be used in the performance of this contract a sworn statement agreeing to the representations and additional duties contained on this document. The Vendor shall maintain the sworn statements 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 for a contract with the City, 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.

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

*Response required

When equals "No"

5.7.2. 7.1.1. If you disagree with a statement, please state the statement and explain why. * *Response required

5.7.3. 7.2. Please select one statement, in accordance with 65 ILCS 5/11-42.1-1* ☐ The Vendor is not delinquent in the payment of any tax administered by the Department of Revenue unless the Vendor is contesting, in accordance with the procedures established by the appropriate revenue

Act, its liability for the tax or the amount of tax.

☐ The Vendor has entered into an agreement with the Department of Revenue for the payment of all such taxes that are due and is in compliance with the agreement.

*Response required https://www.state.il.us/agency/idol/rates/rates.htm

6. 6. .................................................................... Pricing Proposal

BID PRICE

Rack price is considered the per gallon vendor cost at the terminal before adding any margin or applicable taxes

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Diesel Fuel Supply and Delivery -

Markup costs over rack price 1 per gallon

TOTAL

7. 7. ............................................................................. Evaluation

A. Bids will be tabulated to determine lowest apparent bidder.

B. Submittals will be reviewed to ensure they are fully responsive to the solicitation requirements.

C. Bidders will be reviewed to determine whether they are a responsible bidder or not. If the City does not have a pre-existing relationship with confidence in the bidders qualifications, they may request a statement of qualifications to make a determination.

D. If an award is made, it shall be made to the lowest, responsible bidder with a fully responsive submittal.

8. 8. ....................................................... Insurance Requirements

8.1. 8.1. General

Vendor and its subcontractors shall maintain the insurance coverages stated below during the term of this contract and shall provide evidence of such coverage to the City’s representative prior to commencement of work. Insurance must be placed with companies with an A.M. Best Rating of A- VIII or better and will be maintained for the duration of the project or the term for which services will be rendered. Vendor shall provide for 30 days' advance written notice to the City of Urbana when any insurance coverage is modified, changed, or cancelled.

Vendor shall furnish Certificate(s) of Insurance evidencing the required coverages, and any renewal

Certificate(s) to the designated project manager. Vendors shall ensure the relevant project name and location are stated on any Vendor-provided Certificate of Insurance. Vendor shall ensure all subcontractors maintain insurance as required herein and will make proof of such insurance available to the City upon request. City’s receipt of a Certificate of Insurance does not constitute City’s acknowledgement or agreement that the insurance requirements have been met. Failure of the City to obtain Certificate(s) or other evidence of insurance from Vendors shall not be deemed a waiver of these insurance requirements. Vendors’ failure to comply with the insurance requirements constitutes a material breach of contract terms.

Indemnification Vendor shall indemnify the City and its officers and employees against all demands, claims, damages, liabilities, expenses and reasonable attorney fees and costs arising out of the performance of this contract by Vendor, its employees, and agents. This indemnification obligation shall survive the termination or expiration of the contract and any order made under it.

8.2. 8.2. Commercial General Liability

Limits of not less than:

Bodily Injury & Property Damage - Each Occurrence $1,000,000

Bodily Injury & Property Damage - General Aggregate $2,000,000

Products-Completed Operations Aggregate $2,000,000

Personal & Advertising Injury Liability $1,000,000

Vendors shall name the City of Urbana and its officers and employees as additional insured (for contractors, additional insured status must be provided via CG 2010 07/04 and CG 2037 07/04 for two (2) years from completion of the project), on a primary and non-contributory basis to any City of Urbana insurance or self-insured program, for liability arising out of the activities of Vendors. Coverage will include contractual liability and a waiver of subrogation.

8.3. 8.3. Workers' Compensation

As required by applicable law, with limits of not less than:

Coverage A (Statutory Benefits) Illinois Statutory

Coverage B (Employer’s Liability) $1,000,000 each disease

$1,000,000 each employee

$1,000,000 policy limit

Coverage will include a waiver of subrogation in favor of the City of Urbana.

8.4. 8.4. Automobile Liability

When any owned, hired, or non-owned motor vehicles are used in connection with work to be performed, Vendor must provide Automobile Liability insurance with limits of not less than:

Automobile Liability $1,000,000 combined single limit

Vendors shall name the City of Urbana and its officers and employees as additional insured on a primary and non-contributory basis to any City of Urbana insurance or self-insured program, for liability arising out of the activities of Vendors. Coverage will include a waiver of subrogation.

8.5. 8.5. Umbrella/Excess Liability

To follow form over General Liability, Automobile Liability, and Employer’s Liability with limits of not less than:

Umbrella/Excess Liability $5,000,000 each occurrence

$5,000,000 general aggregate

8.6. 8.6. Pollution Liability

When the services provided under this contract include any potential pollution/environmental risk or losses caused by pollution conditions, including mold and asbestos, that may arise from the Vendor’s work, Vendor shall maintain pollution liability insurance coverage at minimum limits as indicated below for itself, and its employees and agents. When a claims-made policy is renewed or replaced, the policy retroactive date must coincide with, or precede commencement of services by Vendors under this Contract. A claims-made policy that is replaced by an occurrence-based policy or not renewed must have an extended reporting period of at least two years.

$1,000,000 each occurrence

$2,000,000 annual aggregate

Vendors shall name the City of Urbana and its officers and employees as additional insured on a primary and non-contributory basis to any City of Urbana insurance or self-insured program, for liability arising out of the activities of Vendors. Coverage will include a waiver of subrogation.

9. 9. .............................................. 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.

9.1. 9.1. 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.

9.2. 9.2. 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.

9.3. 9.3. 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.

9.4. 9.4. 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.

9.5. 9.5. 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.

9.6. 9.6. 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.

9.7. 9.7. Cancellation

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.

9.8. 9.8. 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.

9.9. 9.9. 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.

9.10. 9.10. 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.

9.11. 9.11. 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.

9.12. 9.12. 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.

9.13. 9.13. 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.

9.14. 9.14. Variations; Entire Agreement:

RESERVED

9.15. 9.15. 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 Urbana City Code and shall initiate and maintain any action to interpret or enforce this contract in the Sixth Judicial Circuit Court, Champaign

County, Illinois.

9.16. 9.16. 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.

9.17. 9.17. Compliance with City Ordinance

RESERVED

9.18. 9.18. Survival

The obligations set forth in Paragraphs Warranties, Default, Indemnification, and Governing Law will survive the termination of the contract.

9.19. 9.19. 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.

9.20. 9.20. 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.

9.21. 9.21. 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.

9.22. 9.22. 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.

9.23. 9.23. 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.

9.24. 9.24. Proof of license, permit, etc.

Vendors must provide proof of conformance with any applicable Federal/State/Local permits, licenses, certifications, etc., as stated in the scope of work. It is the Vendor’s responsibility to inquire about requirements with Procurement Contact.