Storage_Facility_Rooftop_Solar_Installation_(Addendum_#1_Revision).pdf
PDF 350 KB Posted
- Attached to
- Storage Facility Rooftop Solar Installation
- Solicitation number
- FY2024-RFP-030
- Issued by
- Champaign County, Illinois
About this file
This document is a Request for Proposal (RFP) issued by the City of Urbana, Illinois for a Storage Facility Rooftop Solar Installation project. The RFP seeks a turnkey solar installation that includes design, permitting, installation, electrical connections, and commissioning with Ameren Illinois. The project involves installing a solar photovoltaic system on the south-facing, standing seam metal roof of the City's newly constructed Storage Facility located at 610 South Glover Avenue. The project was published on February 27, 2024, with a question submission deadline of March 4, 2024, and a proposal submission deadline of March 16, 2024 at 12:00 am. The system should be sized to meet the actual electrical demand of the building without producing surplus net metering credits, and must not exceed 100% of the facility's electrical consumption.
The RFP requires vendors to submit a comprehensive proposal detailing their company background, solar system specifications, module layout, interconnection process, and potential incentive programs. Vendors must provide documentation on system size, production, module and inverter details, and future expansion potential. The City expects the selected vendor to assist with incentive programs such as net metering, Solar For All, and Illinois Shines. Vendors are asked to propose either a cash purchase or a power purchase agreement option. The project is subject to the Illinois Prevailing Wage Act, which mandates that labor be paid at prevailing wage rates. The RFP emphasizes the need for detailed documentation, including design documents and manuals for structural, architectural, mechanical, and electrical elements, as well as post-installation monitoring hardware and software.
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Other files
| File | Type | Posted |
|---|---|---|
| Building_Electrical_Information.pdf | ||
| Monthly_Electric_Demand.pdf | ||
| Ameren_Bill.pdf | ||
| Electrician_Licensing_Requirements.pdf |
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Text version
FY2024-RFP-030
STORAGE FACILITY ROOFTOP SOLAR INSTALLATION
City of Urbana
400 South Vine Street
Urbana, IL 61801
RELEASE DATE: February 27, 2024
DEADLINE FOR QUESTIONS: March 4, 2024
RESPONSE DEADLINE: March 16, 2024, 12:00 am
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/urbanaillinois
Storage Facility Rooftop Solar Installation
I. Advertisement of Legal Notice II. Introduction
III. Instructions IV. Scope of Work V. Proposal Content and Format Requirements
VI. Vendor Submittals & Confirmations VII. Evaluation Phases
VIII. Insurance Requirements IX. Standard Terms & Conditions
Attachments:
A - Ameren_Bill
B - Monthly_Electric_Demand
C - Electrician_Licensing_Requirements
D - Building Electrical Information
Title: Storage Facility Rooftop Solar Installation
1. Advertisement of Legal Notice
Public Works - Sustainability Department
REQUEST FOR PROPOSAL (RFP):
The City of Urbana will receive proposals for the following:
Storage Facility Rooftop Solar Installation
The purpose of this project is to install a rooftop solar photovoltaic system on the City's newly constructed
Storage Facility building featuring a south facing, standing seam roof.
Proposals are required to be submitted via the City of Urbana's Procurement Portal at https://procurement.opengov.com/portal/urbanaillinois/projects/74217 until 12:00 am on Saturday, March 16, 2024. RFP instructions and selection procedures may also be obtained from the City of Urbana's
Procurement Portal.
Scott Tess
Sustainability & Resilience Officer
City of Urbana
Publication Date: Tuesday, February 27, 2024 https://procurement.opengov.com/portal/urbanaillinois/projects/74217
2. Introduction
2.1. Summary
This text will be included in emailed notifications to vendors when you post your procurement. It is the
City's understanding that the labor in this project is covered by the Illinois Prevailing Wage Act and requires vendors pay prevailing wages.
The purpose of this project is to install a rooftop solar photovoltaic system on the City's newly constructed
Storage Facility building featuring a south facing, standing seam roof. It is the City's understanding that the labor in this project will be covered by the Illinois Prevailing Wage Act and as such requires labor be paid prevailing wages.
2.2. Contact Information
Scott Tess
Sustainability & Resilience Officer
706 South Glover Avenue
Urbana, IL 61802
Email: srtess@urbanaillinois.us
Phone: (217) 384-2381
Department:
Public Works - Sustainability
Department Head:
Scott Tess
Environmental Sustainability Manager
2.3. Timeline
Project Publish Date February 27, 2024
Question Submission Deadline March 4, 2024, 12:00am
Proposal Submission Deadline March 16, 2024, 12:00am mailto:srtess@urbanaillinois.us tel:(217)384-2381
3. Instructions
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 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 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. Pre-Submittal Meeting
No Pre-Submittal meeting is required for this procurement.
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 limts 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. 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, 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 tha 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. 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 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. 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. 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. 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
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 https://procurement.opengov.com/portal/urbanaillinois/projects/74217 https://procurement.opengov.com/portal/urbanaillinois/projects/74217 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. City’s Rights Reserved
The City of Urbana reserves the right to reject any and all proposals, 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. Proposals shall be opened in private so as to avoid disclosure of contents to competing respondents. The Evaluation Committee may request additional information and/or conduct interviews/discussions with any respondent who submits an acceptable or potentially acceptable proposal.
Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. During the course of such discussions, the Evaluation Committee shall not disclose any information derived from one proposal to any other respondent. The City of Urbana reserves the right to negotiate final specifications, terms and conditions, which may be necessary or appropriate to the accomplishment of the purpose of this RFP. The City may require the RFP and the respondent’s proposal be incorporated in full or in part as Contract Documents. This implies that the RFP 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
Evaluation Committee determines a respondent’s proposal to be unacceptable, such respondent shall not be afforded an additional opportunity to supplement its proposal. The City of Urbana will not be liable in any way for any costs incurred by respondents in replying to this RFP.
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. Scope of Work
4.1. Turnkey Installation
The project scope includes all design, permitting, installation, electrical connections, and commissioning with
Ameren Illinois.
4.2. System Size
The project should be sized to meet the actual electrical demand of the building as evidenced by past utility bills without producing surplus net metering credits which would not get used. The system shall not be sized above 100% of electrical demand. Utility information is attached.
4.3. Location
The location of the project is on the south face of the standing seam metal roof of the Urbana Storage
Facility addressed as 610 South Glover Avenue Urbana, IL. The building is visible from the public street.
4.4. Monitoring
The project shall include hardware and software to monitor the system post installation.
4.5. Documentation
The selected vendor shall include design documents and manuals for all elements of the project, including, but not limited to, structural, architectural, mechanical, and electrical.
5. Proposal Content and Format Requirements
Respondents shall submit a document with the information outlined below:
A. Company Description 1: A brief description of the company along with any proposed subcontractors, if applicable.
B. Company Description 2: Describe the number of years in business and amount of solar capacity installed by the company.
C. Understanding: A brief discussion of your understanding of the goods/services being requested.
D. Approach: Discuss how your company will approach delivery of requested goods/services.
E. System Description 1: Describe system size and production. System should not be sized to produce greater than 100% of expected facility consumption on the basis of actual utility bills provided.
F. System Description 2: Describe the module, inverter, racking, and monitoring models.
G. System Description 3: Describe the module layout on the roof and any potential for future expansion of the array should load be added in the future.
H. Interconnection: Describe the electrical interconnection process in the building and relating to
Ameren Illinois which will be provided by the selected vendor.
I. Incentives: Describe the incentive programs the selected vendor will assist the City in accessing. For instance, net metering, Solar For All, Illinois Shines, SREC sales, etc.
J. Procurement Type: Description of a cash purchase proposal, a power purchase agreement proposal, or one of each offered.
Companies may include any other considerations and information they believe to be related and relevant provided their proposal 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 Number Limit: 25
6. Vendor Submittals & Confirmations
6.1. Proposal*
DO NOT INCLUDE COST INFORMATION HERE. RESPOND TO SECTION 5. PROPOSAL
CONTENT AND FORMAT REQUIREMENTS HERE.
*Response required
6.2. Cost Proposal*
*Response required
6.3. Do you have an existing Equal Employment Opportunity (EEO) Certification with City of Urbana, Illinois?*
EEO Certification is required for contract execution. Vendor may opt to apply for certification if/when awarded but the City encourages submitting information ahead of time to avoid delays in contracting.
☐ Yes
☐ No
*Response required
When equals "Yes"
6.3.1. Upload Equal Employment Opportunity (EEO) Certification with City of Urbana, Illinois* *Response required
When equals "No"
6.3.2. Upload Equal Employment Opportunity (EEO) Packet
Please download the below EEO Workforce Statistics form, complete it, and then upload the results with your response.
You will also need to include the following two policies with your EEO Workforce Statistics Form:
• Sexual Harassment Policy
• Organization's EEO Statement
Models of a Sexual Harassment Policy and EEO Statement may be found below.
• EEO_Workforce_Statistics.pdf
• model-eeo-statement-urbana-...
• model-policy-sexual-harassm...
6.4. Would you be utilizing subcontractors for this project?
☐ Yes
☐ No
When equals "Yes" 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6.4.1. Subcontractor(s) Information*
Please include the following for each subcontractor:
• Name
• Phone Number
• Type of Work Being Performed
*Response required
6.5. By confirming, the vendor certifies that they have read and understood the request and are authorized to submit a response on behalf of the company.*
☐ Please confirm
*Response required
6.6. Vendor Representations and Additional Duties Form
6.6.1. Does the vendor agree to the follwoing?*
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"
6.6.2. If you disagree with a statement, please state the statement and explain why. * *Response required
6.6.3. 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
7. Evaluation Phases
A. Proposals will be reviewed by the City’s evaluation team with individual and aggregate scoring to be informative, not determinate. Ultimately, evaluation team will make a recommendation for award based on scoring and deliberation of the group.
B. After evaluation (and interviews, if deemed necessary), the City will negotiate final terms of a formal contract with the respondent that offers the best overall solution. If the preferred respondent is unable to execute a contract with acceptable terms to the City, the City will begin contract negotiations with the next best respondent provided evaluation team supports the award.
C. General Criteria for Evaluation Includes:
No. Evaluation Criteria Scoring Method Weight (Points)
1. Content, understanding, and approach to the scope of work requested.
N/A N/A
2. Qualifications and experience of the respondent N/A N/A
3. Completeness of the proposal N/A N/A
4. Cost effectiveness N/A N/A
8. Insurance Requirements
The following table details insurance requirements for City contracts, which generally apply to purchases over
$10,000. All contractors performing work on the City’s premises should provide insurance, even for contracts of less than $10,000. These requirements apply when a vendor or contractor is performing work for the City, but not to purchases of only materials or supplies. Other exceptions may be approved as described below.
This section will be updated from-time-to-time.
Requirements and Insurance Certificates.
1. The City of Urbana and its officers and employees will be named as additional insured parties on all policies.
2. The City’s interests as additional insured parties will be on a primary and non-contributory basis on all policies and noted as such on insurance certificates.
3. All policies will be written on an occurrence basis (no “claims made” policies).
4. Insurance certificates will be provided prior to the City’s execution of a contract.
5. Contractor or vendor provides an insurance certificate that details coverage described above and requires notification to the City if a policy is cancelled or not renewed.
6. The contractor must require all subcontractors to have the same coverage. This requirement will be included in the contract terms, but no verification is required.
Custody of Insurance Certificates. Each department will hold insurance certificates in a centralized location and maintain a listing of insurance policies and expiration dates. The listing will be reviewed on a monthly basis to ensure that no policies for current projects will lapse within the next 60 days. Written notice will be made to each vendor or contractor with uncompleted work on a contract for whom a policy will lapse within the next 60 days, and staff will follow up to ensure compliance.
Inspection. Because of the liability to the City associated with inadequate or lapsed insurance, the listing and insurance certificates will be available for inspection by the Finance Director or City Attorney upon request.
Exceptions to Requirement. Because of potential liability for the City, insurance requirements will be waived only with written agreement of the Finance Director and City Attorney.
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. 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. 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 requests then delivery should be provided no more than 30 days after the date of the issuance of the purchase order. Each shipment of goods shall include a separate invoice.
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 purchase order number on all invoices and packing lists.
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. 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. 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. 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. Default
If the City initiates suit for any default of the Vendor, the Vendor shall pay the City’s costs to enforce the terms of the final contract, including court costs and reasonable attorneys’ fees.
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. 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. 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. 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. 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. Variations; Entire Agreement:
RESERVED
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. 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. Compliance with City Ordinance
RESERVED
9.18. Survival
The obligations set forth in Paragraphs Warranties, Default, Indemnification, and Governing Law will survive the termination of the contract.
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. 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. Notice of Award
The City will notify the Successful Respondent of their final selection for award; said notice will include a requests for any additional documentation required for execution of contract and notice to proceed.
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. 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. 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.
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