25RM042 Dixon HU 35 and 36 Generator B-45365RFQ.pdf

STATE OF ILLINOIS

DEPARTMENT OF CORRECTIONS

REQUEST FOR QUOTE

DIXON Correctional Center- Remove and Replace HU 35/36 Generator

25-426DOC-DIXON-B-45365

State of Illinois Contract v.25.1

The Dixon Correctional Center is seeking bids for the removal and replacement of Housing Units 35/36 Generator. See the specifications in Section I of the attached contract. If you are interested in submitting a bid, complete the contract, and return this document via Bid Buy or email to the solicitation contact below. Bids must be submitted NO LATER THAN November 27, 2024 at 1:00 p.m.

Solicitation Contact: Jeff Frederick, Business Manager

Phone: 815-288-2239 X2239

Facility: Dixon Correctional Center Fax: N/A

Street Address: 2600 N Brinton Ave Email:

jeffery.frederick@illinois.gov

City, State Zip: Dixon, IL 61021

Bid Firm Time: Contractor’s Bid must remain firm for __120____ days from opening.

The State is not obligated to award a contract pursuant to this Request for Quote. If the State issues an award, the award will be made to the responsive and responsible Contractor who submits the lowest price. The State will post a notice to the BidBuy system identifying the apparent low-cost Contractor.

PRE-BID CONFERENCE:

Bidder Conference/Site Visit: ☒Yes ☐No Mandatory Attendance: ☒Yes ☐No

If attendance is mandatory, Bidder (current Contractor included) will be disqualified and considered Non-Responsive if Bidder does not attend, is not on time, leaves early or fails to sign the attendance sheet. Bidder must allow adequate time to accommodate security screenings at the site.

Date: November 21, 2024

Time: 10:00 a.m.

Location: 2600 N Brinton Ave, Dixon, IL 61021

Registration: Bidders must confirm their attendance via email to Jeff Frederick at jeffery.frederick@illinois.gov no later than November 19, 2024 at 1:00 p.m. In your registration email provide the names of individuals who will be attending the Site Visit. Visits will be limited to three participants per Contractor.

Illinois Department of Corrections Contract

Remove and Replace HU 35/36 Generator

25-426DOC-B-45365

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Section I. SCOPE OF WORK

I.A. OVERVIEW AND PURPOSE

I.A.1. Dixon Correctional Center is seeking a contractor to remove damaged generator and install new diesel 80Kw generator and case with new automatic transfer switch.

I.B. SUPPLIES AND/OR SERVICES REQUIRED

I.B.1. Contractor is to furnish all labor, materials, tools, and equipment related to providing the services detailed within this contract.

I.B.2. Contractor shall remove existing damaged generator, including cover and replace with an 80Kw Deisel generator with an automatic switch and cover for the generator.

I.B.3. The Contractor shall provide documentation for labor updates and further procurement.

I.B.4. Contractor shall coordinate scheduling the repairs for the generator with the Chief Engineer prior to the arriving at the facility.

I.B.5. Contractor shall complete the contract with necessary equipment.

I.B.6. Contractor shall be responsible for all shipping costs regarding removing old generator and case and installing new generator with new automatic transfer switch and protective case.

I.B.7. Contractor shall make necessary adjustments and repairs to get the new generator online and operational.

I.B.8. Contractor must notify the Chief Engineer if equipment is needed to be removed or replace prior to removal and replacement and any loss of power to affected Housing Units.

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I.C. MILESTONES AND DELIVERABLES

I.C.1. Contractor and its employees shall maintain valid licenses and/or certifications and maintain adequate equipment to perform said services during the life of the contract.

I.C.2. Contractor will ensure work is started no later than 30 days after being awarded contract and work will be completed no later than 6/30/2025.

I.C.3. Contractor is responsible for removing and properly disposing of all material taken from the damaged generator replacement.

I.C.4. Contractor will ensure new generator, case and transfer switch meet or exceed industry standards. Contractor will not close out work until new generator with automatic transfer switch is in place and operational.

I.C.5. At the completion of the work, the contactor’s employes shall report to the Department Representative for an oral debriefing of the work completed and report any violations or safety hazards which would prevent the generator usage.

I.C.6. Before payment is made, work shall be completed in every respect to the meaning and intent of this contract and specifications and meet with approval of the Department.

I.D. CONTRACTOR/STAFF SPECIFICATIONS

I.D.1. The Department of Corrections Chief Engineer and the Contractor shall coordinate all scheduled work with minimal interference to employees and inmates. The Chief Engineer will schedule the service work. All work will be discussed with and approved by the Chief Engineer before the Contractor proceeds with them. All planned service work under this Contract shall be performed during normal workdays, which are Monday through Friday, less holidays, between 7:00 a.m. and 4:00 p.m. unless pre-approved by the Chief of Engineer. All work performed shall be rendered in the presence of the Chief Engineer or his designee.

I.D.2. The Contractor shall indicate the time and date of arrival at the work location on a Department of Corrections Form DOC-0134. The Contractor shall sign in upon arrival at and sign out prior to leaving the work location. This shall be the basis for hours worked. Travel time and expenses are not reimbursable. The Contractor will not be compensated for any time off institutional grounds. The sign-in/sign-out v.25.1 must be done in the presence of the Chief Engineer or designee. Employees of Contractor are also to wear temporary I.D. while on premises.

I.D.3. Contractor shall provide a repair record for each repair or call-out service rendered. The report shall include nature of call, repairs made, material used, and labor used. The Chief Engineer shall sign the record and retain a copy of said record for the facility.

I.D.4. If applicable, Contractor shall provide a list of all toxic substances proposed for use in service at the institution. Before any service, the Material Safety Data sheets shall be supplied for all listed toxic substances. This will keep the institution in compliance with the Illinois Toxic Substance Disclosure to Employees Act which states, “Employees must obtain a Material Safety Data Sheet for each toxic substance used, produced, or stored in the workplace to which employees may be exposed.”

I.D.5. Unattended vehicles must be locked at all times and at no time shall any vehicle be left unattended with the motor running or the key in the ignition.

I.D.6. Invoices shall be submitted to the Dixon Correctional Center Business Office.

Invoice shall be itemized, showing dates of service, location of service, and type of service rendered. The Chief Engineer and the Voucher Clerk in the Business Office must reconcile and approve all invoices, monthly payments, etc. before processing payment for the Contractor.

I.D.7. All security rules at the Dixon Correctional Center will apply to employees of Contractor including vehicles, machinery, and hand tools. An Outside Contractor Booklet will be issued for all on-site Contractor employees to review and acknowledge receipt of prior to the start of the project.

I.D.8. Employees and vehicles of Contractor will enter and exit through the Sallyport gate.

(Vehicles are to be cleared prior to start of work.)

I.D.9. The Contractor and their personnel, including volunteers, and sub-contractors shall be subject to a complete background investigation of the IDOC prior to the execution of this contract, before any personnel, volunteers or sub-contractors begin to provide service for the IDOC post-execution of this contract, and at periodic times during this contract.

I.D.10. Contractors shall submit names; dates of birth and Social Security Numbers of all on-site employees that will perform on-site services within five (5) working days after being awarded the contract for security background checks. Contractor or Contractor’s employees must pass a security background check prior to being allowed on the premises.

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I.D.11. All applicants for positions covered under this contract may be required to provide a urine sample as part of their background investigation. In addition, all Contractual Personnel who perform on-site services may be required to undergo a Urinalysis or Blood Test if there is reasonable suspicion to believe that they are under the influence or using controlled substances or marijuana. Any contractual personnel that do not pass the urinalysis and/or blood test will not be allowed on-site at the facility.

I.E. TRANSPORTATION AND DELIVERY

I.E.1. Contractor’s pricing will include all transportation and delivery costs.

I.E.2. Contractor will be responsible for removing and properly disposing of generator and cover and any loose material involved with this contract.

I.F. PRICING

I.F.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation. The total price of this contract is estimated.

I.F.2. CONTRACTOR’S PRICING: Contractor’s pricing is located in the Items Tab in the BidBuy Purchase Order. The State includes in this contract the BidBuy Purchase Order as it contains the agreed pricing.

I.G. MAXIMUM AMOUNT: The total payments under the initial term of this contract shall not exceed $_______________ without a formal amendment. The maximum amount will be entered by the State prior to execution of the contract.

Section II. TERM AND TERMINATION v.25.1

II.A. TERM

II.A.1. TERM OF THIS CONTRACT: The contract resulting from this procurement will have an initial term commencing upon “the last dated signature of the Parties” and ending on June 30, 2025.

II.A.2. In no event will the maximum total term of the contract, including the initial term, any renewal terms, and any extensions, exceed ten (10) years.

Contractor shall not commence billable work in furtherance of the contract prior to final execution of the contract except when permitted pursuant to 30

ILCS 500/20-80.

II.B. TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part, immediately upon notice to the Contractor if: (a) the State determines that the actions or inactions of the Contractor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Contractor has notified the State that it is unable or unwilling to perform the contract.

If Contractor fails to perform to the State’s satisfaction any material requirement of this contract, is in violation of a material provision of this contract, or the State determines that the Contractor lacks the financial resources to perform the contract, the State shall provide written notice to the Contractor to cure the problem identified within the period of time specified in the State’s written notice. If not cured by that date the State may either: (a) immediately terminate the contract without additional written notice or (b) enforce the terms and conditions of the contract.

For termination due to any of the causes contained in this Section, the State retains its rights to seek any available legal or equitable remedies and damages.

II.C. TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior written notice to Contractor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Contractor.

Upon submission of invoices and proof of claim, the Contractor shall be entitled to compensation for supplies and services provided in compliance with this contract up to and including the date of termination.

II.D. AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the availability of funds. The State, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Agency’s funding by v.25.1 reserving some or all of the Agency’s appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Agency determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Contractor will be notified in writing of the failure of appropriation or of a reduction or decrease.

Section III. STANDARD BUSINESS TERMS AND CONDITIONS

III.A. PAYMENT TERMS AND CONDITIONS:

III.A.1. Late Payment: Payments, including late payment charges, will be paid in accordance with the State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 III. Adm. Code 900. This shall be Contractor’s sole remedy for late payments by the State. Payment terms contained in Contractor’s invoices shall have no force or effect.

III.A.2. Minority Contractor Initiative: Any Contractor awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Contractor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

III.A.3. Expenses: The State will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this contract by the Parties even if the effective date of the contract is prior to execution.

III.A.4. Prevailing Wage: As a condition of receiving payment Contractor must (i) be in compliance with the contract, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing wages are revised by the Illinois Department of Labor (DOL) and are available on DOL’s official website, which shall be deemed proper notification of any rate changes under this subsection.

Contractor is responsible for contacting DOL at 217-782-6206 or (https://labor.illinois.gov) to ensure understanding of prevailing wage requirements.

https://labor.illinois.gov/ v.25.1

III.A.5. Federal Funding: This contract may be partially or totally funded with Federal funds. If Federal funds are expected to be used, then the percentage of the good/service paid using Federal funds and the total Federal funds expected to be used will be provided to the awarded Contractor in the notice of intent to award.

III.A.6. Invoicing: By submitting an invoice, Contractor certifies that the supplies or services provided meet all requirements of this contract, and the amount billed and expenses incurred are as allowed in this contract. Invoices for supplies purchased, services performed, and expenses incurred through June 30 of any year must be submitted to the State no later than August 31 of that year; otherwise Contractor may have to seek payment through the Illinois Court of Claims. 30 ILCS 105/25. All invoices are subject to statutory offset.

30 ILCS 210.

III.A.6.1. Contractor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Contractor may request the applicable agency’s Illinois tax exemption number and Federal tax exemption information.

III.A.6.2. Contractor shall invoice at this completion of the contract unless invoicing is tied in this contract to milestones, deliverables, or other invoicing requirements agreed to in the contract.

Send invoices to:

Agency: Dixon Correctional Center

Attn: Business Office-Vouchering

Address: 2600 N Brinton Ave

City, State Zip Dixon, Illinois 61021

For procurements conducted in BidBuy, the Agency may include in this contract the BidBuy Purchase Order as it contains the Bill To address.

III.A.7. ASSIGNMENT: This contract may not be assigned or transferred in whole or in part by Contractor without the prior written consent of the State.

III.A.8. SUBCONTRACTING: For purposes of this section, subcontractors are those with contracts with an annual value exceeding $100,000 and who are specifically hired to perform all or part of the work covered by this contract.

Contractor must receive prior written approval before use of any subcontractors in the performance of this contract. Contractor shall describe, in an attachment v.25.1 if not already provided, the names and addresses of all authorized subcontractors to be utilized by Contractor in the performance of this contract, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this contract. If required, Contractor shall provide a copy of any subcontracts within fifteen (15) days after execution of this contract. All subcontracts must include the same certifications that Contractor must make as a condition of this contract. Contractor shall include in each subcontract the Standard Illinois Certification form available from the State. If at any time during the term of the Contract, Contractor adds or changes any subcontractors, then Contractor must promptly notify, by written amendment to the Contract, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses, the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract, and the general type of work to be performed. 30 ILCS 500/20-120.

III.A.9. AUDIT/RETENTION OF RECORDS: Contractor and its subcontractors shall maintain books and records relating to the performance of this contract and any subcontract necessary to support amounts charged to the State pursuant this contract or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by the Contractor for a period of three (3) years from the later of the date of final payment under the contract or completion of the contract, and by the subcontractor for a period of three (3) years from the later of final payment under the term or completion of the subcontract. If Federal funds are used to pay contract costs, the Contractor and its subcontractors must retain their respective records for five

(5) years. Books and records required to be maintained under this section shall be available for review or audit by representatives of the procuring Agency, the Auditor General, the Executive Inspector General, the Chief Procurement Officer, State of Illinois internal auditors or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. Contractor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under this contract or any subcontract for which adequate books and records are not available to support the purported disbursement. The Contractor or subcontractors shall not impose a charge for audit or examination of the Contractor’s or subcontractor’s books and records. 30 ILCS 500/20-65.

III.A.10. TIME IS OF THE ESSENCE: Time is of the essence with respect to

Contractor’s performance of this contract. Contractor shall continue to perform v.25.1 its obligations while any dispute concerning this contract is being resolved unless otherwise directed by the State.

III.A.11. NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party’s right to exercise or enforce that or other rights in the future.

III.A.12. FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence, including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel this contract without penalty if performance does not resume within thirty (30) days of the declaration.

III.A.13. CONFIDENTIAL INFORMATION: Each Party to this contract, including its agents and subcontractors, may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this contract. Contractor shall presume all information received from the State or to which it gains access pursuant to this contract is confidential. Contractor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act, shall be considered public. No confidential data collected, maintained, or used in the course of performance of this contract shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of this contract or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of this contract, in whatever form it is maintained, promptly at the end of this contract, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. The foregoing obligations shall not apply to confidential data or information lawfully in the receiving Party’s possession prior to its acquisition from the disclosing Party; received in good faith from a third Party not subject to any confidentiality obligation to the disclosing Party; now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or that is independently developed by the receiving Party without the use or benefit of the disclosing Party’s confidential information.

III.A.14. USE AND OWNERSHIP: All work performed or supplies created by

Contractor under this contract, whether written documents or data, goods or deliverables of any kind, shall be deemed work for hire under copyright law and all intellectual property and other laws, and the State of Illinois is granted sole and exclusive ownership to all such work, unless otherwise agreed in writing.

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Contractor hereby assigns to the State all right, title, and interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Contractor may have to such work including any so-called "moral rights" in connection with the work. Contractor acknowledges the State may use the work product for any purpose. Confidential data or information contained in such work shall be subject to the confidentiality provisions of this contract.

III.A.15. INDEMNIFICATION AND LIABILITY: The Contractor shall indemnify and hold harmless the State of Illinois, its agencies, officers, employees, agents and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements and judgments, including in-house and contracted attorneys’ fees and expenses, arising out of: (a) any breach or violation by Contractor of any of its certifications, representations, warranties, covenants or agreements; (b) any actual or alleged death or injury to any person, damage to any real or personal property, or any other damage or loss claimed to result in whole or in part from Contractor’s negligent performance; (c) any act, activity or omission of Contractor or any of its employees, representatives, subcontractors or agents; or (d) any actual or alleged claim that the services or goods provided under this contract infringe, misappropriate, or otherwise violate any intellectual property (patent, copyright, trade secret, or trademark) rights of a third party. In accordance with Article VIII, Section 1(a),(b) of the Constitution of the State of Illinois and 1973 Illinois Attorney General Opinion 78, the State may not indemnify private parties absent express statutory authority permitting the indemnification. Neither Party shall be liable for incidental, special, consequential, or punitive damages.

III.A.16. INSURANCE: Contractor shall, at all times during the term of this contract and any renewals or extensions, maintain and provide a Certificate of Insurance naming the State as an additionally insured for all required bonds and insurance. Certificates may not be modified or canceled until at least thirty (30) days’ notice has been provided to the State. Contractor shall provide: (a) General Commercial Liability insurance in the amount of $1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 Annual Aggregate; (b) Auto Liability, including Hired Auto and Non-owned Auto (Combined Single Limit Bodily Injury and Property Damage), in amount of $1,000,000 per occurrence; and (c) Worker’s Compensation Insurance in the amount required by law. Insurance shall not limit Contractor’s obligation to indemnify, defend, or settle any claims.

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III.A.17. INDEPENDENT CONTRACTOR: Contractor shall act as an independent contractor and not an agent or employee of, or joint venturer with the State.

All payments by the State shall be made on that basis.

III.A.18. SOLICITATION AND EMPLOYMENT: Contractor shall not employ any person employed by the State during the term of this contract to perform any work under this contract. Contractor shall give notice immediately to the Agency’s director if Contractor solicits or intends to solicit State employees to perform any work under this contract.

III.A.19. COMPLIANCE WITH THE LAW: The Contractor, its employees, agents, and subcontractors shall comply with all applicable Federal, State, and local laws, rules, ordinances, regulations, orders, Federal circulars and all license and permit requirements in the performance of this contract. Contractor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Contractor shall obtain at its own expense, all licenses and permissions necessary for the performance of this contract.

III.A.20. BACKGROUND CHECK: Whenever the State deems it reasonably necessary for security reasons, the State may conduct, at its expense, criminal and driver history background checks of Contractor’s and subcontractor’s officers, employees or agents. Contractor or subcontractor shall immediately reassign any individual who, in the opinion of the State, does not pass the background check.

III.A.21. APPLICABLE LAW:

III.A.21.1. PREVAILING LAW: This contract shall be construed in accordance with and is subject to the laws and rules of the State of Illinois.

III.A.21.2. EQUAL OPPORTUNITY: The Department of Human Rights’ Equal

Opportunity requirements are incorporated by reference. 44 Ill.

Adm. Code 750.

III.A.21.3. COURT OF CLAIMS; ARBITRATION; SOVEREIGN IMMUNITY:

Any claim against the State arising out of this contract must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505. The State shall not enter into binding arbitration to resolve any dispute arising out of this contract. The State of Illinois does not waive sovereign immunity by entering into this contract.

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III.A.21.4. OFFICIAL TEXT: The official text of the statutes cited herein is incorporated by reference. An unofficial version can be viewed at (www.ilga.gov/legislation/ilcs/ilcs.asp).

III.A.21.5. ANTI-TRUST ASSIGNMENT: If Contractor does not pursue any claim or cause of action it has arising under Federal or State antitrust laws relating to the subject matter of this contract, then upon request of the Illinois Attorney General, Contractor shall assign to the State all of Contractor’s rights, title and interest to the claim or cause of action.

III.A.22. CONTRACTUAL AUTHORITY: The Agency that signs this contract on behalf of the State of Illinois shall be the only State entity responsible for performance and payment under this contract. When the Chief Procurement Officer or authorized designee or State Purchasing Officer signs in addition to an Agency, he/she does so as approving officer and shall have no liability to Contractor.

When the Chief Procurement Officer or authorized designee or State Purchasing Officer signs a master contract on behalf of State agencies, only the Agency that places an order or orders with the Contractor shall have any liability to the Contractor for that order or orders.

III.A.23. EXPATRIATED ENTITIES: Except in limited circumstances, no business or member of a unitary business group, as defined in the Illinois Income Tax Act, shall submit a bid for or enter into a contract with a State agency if that business or any member of the unitary business group is an expatriated entity.

III.A.24. NOTICES: Notices and other communications provided for herein shall be given in writing via electronic mail whenever possible. If transmission via electronic mail is not possible, then notices and other communications shall be given in writing via registered or certified mail with return receipt requested, via receipted hand delivery, via courier (UPS, Federal Express or other similar and reliable carrier), or via facsimile showing the date and time of successful receipt. Notices shall be sent to the individuals who signed this contract using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change its contact information.

III.A.25. MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of the Parties. Any provision of this contract officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the Parties’ intent. All provisions http://www.ilga.gov/legislation/ilcs/ilcs.asp v.25.1 that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the State’s and the Contractor’s terms, conditions and attachments, the State’s terms, conditions and attachments shall prevail.

III.A.26. PERFORMANCE RECORD / SUSPENSION: Upon request of the State, Contractor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of this contract. The State may consider Contractor’s performance under this contract and compliance with law and rule to determine whether to continue this contract, suspend Contractor from doing future business with the State for a specified period of time, or whether Contractor can be considered responsible on specific future contract opportunities.

III.A.27. FREEDOM OF INFORMATION ACT: This contract and all related public records maintained by, provided to, or required to be provided to the State are subject to the Illinois Freedom of Information Act (FOIA) notwithstanding any provision to the contrary that may be found in this contract. 5 ILCS 140.

III.A.28. SCHEDULE OF WORK: Any work performed on State premises shall be performed during the hours designated by the State and performed in a manner that does not interfere with the State and its personnel.

III.A.29. WARRANTIES FOR SUPPLIES AND SERVICES:

III.A.29.1. Contractor warrants that the supplies furnished under this contract will: (a) conform to the standards, specifications, drawing, samples or descriptions furnished by the State or furnished by the Contractor and agreed to by the State, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and state laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and; (e) not infringe any patent, copyright or other intellectual property rights of any third party. Contractor agrees to reimburse the State for any losses, costs, damages or expenses, including without limitations, reasonable attorney’s fees and expenses, arising from failure of the supplies to meet such warranties.

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III.A.29.2. Contractor shall ensure that all manufacturers’ warranties are transferred to the State and shall provide to the State copies of such warranties. These warranties shall be in addition to all other warranties, express, implied or statutory, and shall survive the State’s payment, acceptance, inspection or failure to inspect the supplies.

III.A.29.3. Contractor warrants that all services will be performed to meet the requirements of this contract in an efficient and effective manner by trained and competent personnel. Contractor shall monitor performances of each individual and shall immediately reassign any individual who does not perform in accordance with this contract, who is disruptive or not respectful of others in the workplace, or who in any way violates the contract or State policies.

III.A.30. REPORTING, STATUS AND MONITORING SPECIFICATIONS: Contractor shall immediately notify the State of any event that may have a material impact on Contractor’s ability to perform this contract.

III.A.31. EMPLOYMENT TAX CREDIT: Contractors who hire qualified veterans and certain ex-offenders may be eligible for tax credits. 35 ILCS 5/216, 5/217.

Please contact the Illinois Department of Revenue (telephone #: 217-524-4772) for information about tax credits.

III.B. ATTACHMENTS

III.C. STATE SUPPLEMENTAL PROVISIONS

Agency Definitions

Required Federal Clauses, Certifications and Assurances

Public Works Requirements (construction and maintenance of a public work) 820

ILCS 130/4.

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Prevailing Wage (janitorial cleaning, window cleaning, building and grounds, site technician, natural resources, food services, security services, and printing, if valued at more than $200 per month or $2,000 per year) 30 ILCS 500/25-60.

Agency Specific Terms and Conditions

Other (describe)

Illinois Department of Corrections Remove and Replace HU 35/36 Generator

25-426DOC-B-45365

CONTRACTOR

Contractor Name: Click here to enter text. Address (City/State/Zip): Click here to enter text.

Phone: Click here to enter text.

Printed Name: Click here to enter text. Email: Click here to enter text.

Title: Click here to enter text. Date:

Signature:

STATE OF ILLINOIS

Purchasing Agency: IDOC – Dixon Correctional Center Phone: 815-288-5561

Street Address: 2600 N. Brinton Avenue Email: Jeffery.frederick@illinois.gov

City, State ZIP: Dixon, IL 61021

Official Signature: Date:

Printed Name: Latoya Hughes / James Deen

Official’s Title: Director / CFO

Legal Signature: Date:

Legal Printed Name:

Legal’s Title:

Fiscal Signature: Date:

Fiscal’s Printed Name:

Fiscal’s Title:

AGENCY USE ONLY - NOT PART OF CONTRACTUAL PROVISIONS

• Agency Reference #: 25-426DOC-DIXON-B-45365

• Project Title: Remove and Replace HU 35/36 Generator

• Contract #:

• Procurement Method (IFB, RFP, Small Purchase, etc.): Small Purchase

• BidBuy / Bulletin Reference #: B-45365

• BidBuy / Bulletin Publication Date:

• Award Code: C

• Subcontractor Utilization? Yes No Subcontractor Disclosure? Yes No

• Funding Source:5825

• Obligation #:

• Small Business Set-Aside? Yes No Percentage:

• Minority Owned Business? Yes No Percentage:

• Women Owned Business? Yes No Percentage:

• Persons with Disabilities Owned Business? Yes No Percentage:

• Veteran Owned Small Business? Yes No Percentage:

• Other Preferences?

STATE OF ILLINOIS

TAXPAYER IDENTIFICATION NUMBER

I certify that:

The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and I am a U.S. person (including a U.S. resident alien).

• If you are an individual, enter your name and SSN as it appears on your Social Security Card.

• If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and the owner’s SSN or EIN.

• If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name on the name line and the D/B/A on the business name line and enter the owner’s SSN or EIN.

• If the LLC is a corporation or partnership, enter the entity’s business name and EIN and for corporations, attach IRS acceptance letter (CP261 or CP277).

• For all other entities, enter the name of the entity as used to apply for the entity’s EIN and the EIN.

Name: Click here to enter text.

Business Name: Click here to enter text.

Taxpayer Identification Number:

Social Security Number: Click here to enter text.

or Employer Identification Number: Click here to enter text.

Legal Status (check one):

Individual Governmental

Sole Proprietor Nonresident alien

Partnership Estate or trust Legal Services Corporation Pharmacy (Non-Corp.)

Tax-exempt Pharmacy/Funeral Home/Cemetery (Corp.)

Corporation providing or billing Limited Liability Company medical and/or health care services (select applicable tax classification) Corporation NOT providing or billing C = corporation medical and/or health care services P = partnership

Signature of Authorized Representative:

PREVAILING WAGE CERTIFICATION

This contract calls for the construction of a “public work,” within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. (“the Act”). The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the current “prevailing rate of wages” (hourly cash wages plus amount for fringe benefits) in the county where the work is performed.

The Department publishes the prevailing wage rates on its website at http://www.state.il.us/agency/idol/rates/rates.HTM. The Department revises the prevailing wage rates, and the contractor/subcontractor has an obligation to check the Department’s web site for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website. All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage requirements and notice and record keeping duties.

Pursuant to Illinois Revised Statutes Chapter 48 par. 39 s-1, all companies wishing to bid on State of Illinois Contracts for all public works projects must certify that their employees receive the prevailing wage rate and work under conditions prevalent in the locality in which the work is produced.

Any company not providing such certification will be considered a non-responsible bidder and their bid will not be considered.

If you are unaware of what the prevailing wages, fringe benefits and working conditions are for the locale in which the contract is to take place, please contact:

Certifying Office of Prevailing Wage

Chicago Office 160 N. LaSalle Street Suite C-1300 Chicago, IL 60601 Phone: 312-793-2800 Fax: 312-793-5257

Springfield Office 900 S. Spring Street Springfield, IL 62704 Phone: 217-782-6206 Fax: 217-782-0596

Marion Office 2309 W. Main Street Suite 115 Marion, IL 62959 Phone: 618-993-7090 Fax: 618-993-7258

The undersigned firm certifies that wages paid to its employees are no less, and fringe benefits and working conditions of such employees are no less favorable than those prevailing in the locality where the contract is to be performed.

Wages for each occupation employed on this contract are:

OCCUPATION MINIMUM HOURLY RATE

1) ________________ $__________________

2) ________________ $__________________

3) ________________ $__________________

4) ________________ $__________________

5) _________________ $__________________

Firm Name ________________________________________

By _________________________________________

Date _________________________________________

Note: If the Department of Labor has certified to the Contractor that there is NO prevailing wage certified for the county in which the work is to be performed, the Contractor shall enter “OO” along with the county name in the spaces provided above, sign and return this certification along with the bid.