Route / Project
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1.TIME, DATE, AND PLACE FOR RECEIVING BIDS: A public auction for the saleSealed bids for the public sale of state ownedexcess property will be heldreceived by the Illinois Department of Transportation, Division of Highways,commencing promptly atuntil no later thanA.M.P.M. on at , Illinois. (Said sealed bids to be opened and announced publicly immediately following the above stated time.) Property will be open for public inspection on , from A.M.P.M.to A.M.P.M..
2.PROPERTY TO BE SOLD:
ITEM NO(S).
For description(s) of property(s) to be sold see attachment(s) / .
No bid will be accepted for the above item(s) in an amount less than the current fair appraised value as shown on the attached DESCRIPTION OF PROPERTY TO BE SOLD.
3.AUCTION BIDS:
Where more than one item is offered for public sale, the Illinois Department of Transportation reserves the right to either auctioneach item separately, in groups of two or more items, orboth, and sell the items to the bidder or bidders for the highest total price of all bids received.
SEALED BIDS:
Sealed bids may be submitted either on any one item, or on any combination of two or more of those items offered for sale in this notice. Bidders submitting a combination bid however must also list individual bids for each item included within the total combination bid.
4.The Illinois Department of Transportation reserves the right to reject any and all bids for the sale of excess property and to waive technicalities at its discretion.
5.Each bidder must furnish a performance deposit with their sealed bid (applies only to highest successful bidder in case of auction bidding) in the form of a certified check, cashier's check, money order or bank draft (personal checks will not be accepted) payable to: TREASURER-STATE OFILLINOIS, in the amount for each item as shown on the attached DESCRIPTION OF PROPERTY TO BE SOLD.
6.In the case of sealed bidding, the deposits of unsuccessful bidders will be returned after the sale is closed, all bids have been opened and announcement of the highest acceptable bid made.
In the case of auction bidding, the performance deposits of the successful bidders shall be retained in the district office until notification is given to the department's Regional Engineer that the work has been completed and an inspection and approval thereof is made by a representative of the State.
7.The State of Illinois, Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the regulations of the Department of Transportation 49 CFR, Part 21 issued pursuant to such Act, will affirmatively insure that acceptance of any bid pursuant to this notice or advertisement will be without discrimination based on the grounds of race, color, sex, or national origin.
8.It will be required that all persons employed by the successful bidder, or by any contractor engaged by the successful bidder, to remove any improvements from state right-of-way will be paid not less than the general prevailing rate of hourly wages as determined by the Illinois Department of Transportation.
9.NOTE: The purchase of a building from the state of Illinois does not guarantee issuance of a permit to move said building across or along any portion of a state highway. Any person or persons desiring to move abuilding across or along a state highway must request a moving permit from the Regional Engineer. Prospective bidders should determine in advance of the sale if a permit is to be issued.
10.Additional information concerning the item(s) of property, issuance of moving permits, or the public sale, may be obtained from the Office of the Regional Engineer, Illinois Department of Transportation, , , Illinois.
11.Neither Illinois Department of Transportation employees nor any family members living within the samehousehold may bid on property, either real or personal, offered by the state at public auction.
12.DISCLAIMER OF REPRESENTATIONS AND WARRANTIES BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION:
Any building improvements located on Department of Transportation land are offered for sale "as is." The Illinois Department of Transportation makes no warranties or representations as to the condition of these improvements.
The successful bidder accepts the premises in their present condition, i.e., "as is," and releases the Department of Transportation and the State of Illinois and its officers, employees and agents, from all liability arising from any condition of the premises, whether now known or subsequently discovered, including but not limited to all claims based on environmental contamination of the premises.
A person who acquires property that may be contaminated as a result of a release of a hazardous substance may become liable for all costs of cleaning up the property and any other properties impacted by the release. Liability may be imposed upon the person acquiring the property even in the absence of any personal responsibility for, or knowledge of, the release. The successful bidder shall have the right, prior to closing, to inspect, which term shall include investigate, the property to determine its environmental fitness and to identify any environmental problem. Said inspection shall be in lieu of all warranties pertaining thereto; failure to inspect shall constitute a waiver of any claims or setoffs against the Illinois Department of Transportation pertaining to the environmental condition of the property. The successful bidder shall be responsible for all costs and expenses of said inspection, and the successful bidder agrees to keep confidential the results of any said inspection unless required by law to report same to any governmental authority. The successful bidder agrees to otherwise disclose said results only to the Department of Transportation.
Illinois Department of Transportation
Regional Engineer
BIDDER'S PROPOSAL
1.The undersigned hereby submits the following bid(s) for the respective item(s) of property offered for sale:ITEM NO. AMOUNT OF BID: $
ITEM NO. AMOUNT OF BID: $
ITEM NO. AMOUNT OF BID: $
ITEM NO. AMOUNT OF BID: $
ITEM NO. AMOUNT OF BID: $
ITEM NO. AMOUNT OF BID: $
ITEM NO. AMOUNT OF BID: $
ITEM NO. AMOUNT OF BID: $
ITEM NO. AMOUNT OF BID: $
ITEM NO. AMOUNT OF BID: $
as described in the attached DESCRIPTION OF PROPERTY TO BE SOLD. (The AMOUNT OF BID must also be inserted in the space provided on the attached DESCRIPTION OF PROPERTY TO BE SOLD for each item on which a bid is being submitted.
2.In submitting the above bid(s), the undersigned declares that the only person or parties interested in the bid(s) as principal(s) are those named herein and that such bid(s) (is) (are) made without collusion with any other parties, firm or corporation.
3.The undersigned further declares that they have carefully inspected in detail the described item(s) of property, and have familiarized themselves with all of the conditions affecting the sale and understands that, in making the above bid(s), they waive all rights to plead any misunderstanding regarding the same.
4.In the event this proposal is accepted, it shall constitute a contract between the parties hereto but such contract shall not be assigned or transferred by the undersigned without the express written consent of the department, which consent may be granted or denied at the discretion of department for any reason whatsoever.
5.The undersigned understands and agrees to assume all liability for the property upon acceptance of this proposal by the state, that the state will not be responsible for any loss or damage whatsoever, and that no work shall be started and no property shall be removed from the premises until a bill of sale for such property has been validated and delivered to the undersigned.
6.The undersigned agrees that within ten (10) days following acceptance of this proposal by the state, full payment of the amount(s) of the accepted bid(s) as set forth herein shall be made to the state, such payment(s) to be in the form of a cashier's check, bank draft, certified check or money order (personal checks will not be accepted) in the total amount of each bid and made payable to: TREASURER-STATE OF ILLINOIS.
Immediately upon receipt of said payment, a BILL OF SALE for each item of property, or group of items, will be validated and issued to the undersigned as the purchaser of said property.
7.In the event the undersigned refuses or fails to make payment for purchase of the property, the Illinois Department of Transportation may, at its option, declare the sale canceled and void and thereafter the cashier's check, bank draft, certified check, money order or personal check accompanying the accepted bid as a performance deposit shall become the property of the State of Illinois as the payment of liquidated damages due to delay and inconvenience suffered by the state because of the act of said bidder.
8.The undersigned agrees to completely remove the Item(s) or property in accordance with the requirements herein within days after the date of validation of the BILL OF SALE for said property.
9.The undersigned agrees that all persons employed by him/her or by any contractor he/she engages, to remove any items of property from state right of way will be paid not less than the general prevailing rate of hourly wages as determined by the Department of Transportation of the State of Illinois.
10.The undersigned agrees to indemnify and save harmless the State of Illinois, the Department of Transportation, its officers, employees and agents and to assume all risk, responsibility and liability for death of, employees, agents of the parties hereto, and all risk, responsibility and liability for loss, damage or injury to any property, including, but not limited to, that belonging to the parties hereto, together with all liability for any expenses, attorney's fees and costs incurred or sustained by the State arising from, growing out of, or in any manner or degree directly or indirectly caused by, attributable to or resulting from the work to be performed hereunder.
11.The undersigned understands and agrees to notify them of sewer department (or responsible agency) at least twenty-four (24) hours in advance of the time work is to start on removing each and every structure, and shall arrange for the discontinuance of all other utility services that serve said structure(s) in accordance with respective requirements and regulations of the of and the utility involved, and shall save and keep the STATE from any expenses incurred thereby. The undersigned shall provide for the disconnection and proper sealing at the curb, all sewer outlets that serve such structure(s).
12.The undersigned understands and agrees to provide all necessary labor, machinery, tools and equipment and to do all of the work necessary for removing the item(s) of property, including the removal and disposition of all rubbish and debris from basement cavities or other excavations and the surrounding premises in accordance with the requirements and within the time limit prescribed herein.
13.The undersigned agrees to comply with the provisions of 720 ILCS 605/1 requiring protective covering or fencing on or about dangerous excavations which states:
”Any person, corporation or partnership which either owns, or maintains, or uses, or abandons any open well, cesspool, cistern, quarry, recharging basin, catch basin, sump, excavation for the erection of any building structure or excavation created by the razing or removal of any building structure without covering or surrounding such installation with protective fencing is guilty of a Class C misdemeanor. The provisions of this Act shall not apply during the course of repair, construction, removal or filling of any of the structures or conditions herein described while any worker is present at the location thereof either performing services thereon or as a watchman to guard such location.”(Source: P.A. 81992.)
14.The undersigned further agrees to notify the Regional Engineer at the address specified herein when all the item(s) of property have been completely removed, and all rubbish and debris has been cleared from the basement cavities or other excavations and the surrounding premises, and substantial protective fence has been placed around such excavations. The undersigned shall be liable for erecting and maintaining all fencing required above for ten (10) days after the work has been inspected by the state and it has been determined that the terms of this proposal and contract have been satisfactorily completed. The deposit will be returned to the undersigned at the expiration of said ten (10) days.
14a.Optional provisions:
All excavations, basements, cisterns, or any depression from the natural terrain caused by the removal of the acquired improvements shall be filled by the undersigned in such a manner that the final grade shall be substantially the same as the surrounding existing ground levels, said fill being defined as earth, agricultural limestone, gravel or sand free from all debris and foreign material. All foundations and slabs will be broken or removed in order to prevent water retention.
15.The undersigned understands that failure to specifically perform in accordance with the terms and conditions of this contract and/or within the time limit specified herein, without written consent to the contrary from the Department of Transportation, shall constitute a forfeiture and the entire amounts of the purchase price and the performance deposit shall become the property of the state as liquidated damages due to delay and inconvenience suffered by the state by such action and the state, or any of its agents, officials or employees are authorized to enter upon and take full and complete possession of said Item(s) of property remaining on state right of way which may be removed by the state; and the undersigned understands and agrees to pay all charges and other expenses arising therefrom or incurred in connection therewith.
16.The acceptance of this agreement hereunder does not guarantee issuance of a permit to move any building or structure across or along any portion of a state highway and if such a permit to move a building or structure across or along a state highway is required, the undersigned has either obtained or has been assured of obtaining such a permit from the Office of the Regional Engineer, Illinois Department of Transportation, , , , Illinois.
(If an Individual)
Signature of Bidder / (SEAL)
Printed Name
Business Address
City, State, Zip
(If a Partnership)
Firm Name
By / (SEAL)
By / (SEAL)
Business Address
City, State, Zip
Names andcomplete addresses ofall Partners of the Firm:
(If a Corporation or Company)
Corporation/Company Name
By / (SEAL)
Business Address
City, State, Zip
President
Secretary
Treasurer
Attest
Secretary
Proposal accepted by the state of Illinois, Department of Transportation.
Dated this / day of / A.D., / .
By
Regional Engineer
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
BIDDER'S PROPOSAL FOR PUBLIC SALE,
PURCHASE AND REMOVAL OF STATE OWNED EXCESS PERSONAL PROPERTY
DESCRIPTION OF PROPERTY TO BE SOLD,
ITEM NO. CURRENT APPRAISED VALUE $
REQUIRED PERFORMANCE DEPOSIT $
LOCATION (INCLUDE ADDRESS):
DESCRIPTION OF PROPERTY:
AMOUNT OF BID: $
Page 1 of 6LA 671 (Rev. 04/20/11)
(Formerly LA 5071)