26RM032 RFQ for Masonry Services B-49709~3.docx
DOCX document 70 KB Posted
- Attached to
- JCC - Inner Core Sidewalk HCU - JAW
- Solicitation number
- 26-426DOC-JACKS-B-49709
- Issued by
- Mercer County, Illinois
About this file
Summary
This is a Request for Quote (RFQ) and contract document issued by the State of Illinois Department of Corrections for Jacksonville Correctional Center for masonry services. The solicitation requests qualified vendors to remove and replace part of an asphalt walkway with concrete for sidewalk areas at the facility. The project requires vendors to furnish all labor, tools, equipment, and materials necessary to complete the work in compliance with federal and state specifications. Bids must be submitted no later than October 31, 2025, at 11:00 AM through the BidBuy system or by email to Jennifer Wieties. A mandatory pre-bid conference and site visit will be held on October 23, 2025, at 9:00 AM at Jacksonville Correctional Center (2268 E. Morton Ave, Jacksonville, IL 62650), with bidders required to confirm attendance by October 22, 2025, at 11:00 AM via email to Johnny.Carson@illinois.gov, limited to three participants per vendor. The contract will have an initial term commencing upon final execution and ending on June 30, 2026, with no renewal options, and vendor bids must remain firm for 120 days from opening. The award will be made to the responsive and responsible vendor submitting the lowest price.
Pricing is firm and located in the BidBuy Purchase Order, with all expenses included in the vendor's hourly rate and no additional expenses allowed. The contract includes prevailing wage requirements applicable to masonry services, and vendors must maintain general commercial liability insurance of $1,000,000 per occurrence with $2,000,000 annual aggregate, auto liability insurance of $1,000,000 per occurrence, and worker's compensation insurance as required by law. All work must be completed during normal working hours as determined by the facility designee, with emergency response time required within two hours. Vendors are prohibited from subcontracting labor and must use their own work crews; however, temporary workers from local labor unions may be hired for larger jobs. The contract specifies that all work, materials, and parts shall be guaranteed for three years free of defects, with defective items replaced during the first year at no cost to the state. Vendor employees are subject to background checks, must comply with all site safety regulations and building security procedures, and are required to maintain professional appearance and conduct while on premises.
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| File | Type | Posted |
|---|---|---|
| 26RM032 Drawing for Concrete Project.pdf | ||
| Standard Illinois Certifications~13.pdf |
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Text version
STATE OF ILLINOIS
Jacksonville Correctional Center Masonry Services RFQ
26-426DOC-JACKS-B-49709
The Jacksonville Correctional Center is seeking bids to procure a vendor to remove and replace part of our asphalt walk with concrete for some of our sidewalk areas.
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 October 31, 2025 at 11:00 AM.
| Solicitation Contact: Jennifer Wieties |
| Phone: 217-245-1481 Ext. 215 |
| Facility: Jacksonville Correctional Center |
| Fax: N/A |
| Street Address: 2268 E. Morton Ave. |
| Email: jennifer.wieties@illinois.gov |
City, State Zip: Jacksonville, IL 62650
Bid Firm Time: Vendor’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 vendor who submits the lowest price. The State will post a notice to the BidBuy system identifying the apparent low-cost vendor.
PRE-BID CONFERENCE:
Bidder Conference/Site Visit: ☒Yes ☐No Mandatory Attendance: ☒Yes ☐No Date: October 23, 2025 Time: 9:00 am Location: Jacksonville Correctional Center – 2268 E. Morton Ave, Jacksonville, IL 62650 Registration: Bidders must confirm their attendance via email to Johnny.Carson@illinois.gov by October 22, 2025, at 11:00 am. In your registration email provide the names of individuals who will be attending the Site Visit. Visits will be limited to three participants per vendor.
STATE OF ILLINOIS
Jacksonville Correctional Center Masonry Services Contract
26-426DOC-JACKS-B-49709
The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.
1. SCOPE OF WORK
1.1. OVERVIEW AND PURPOSE:
To procure a vendor to remove and replace part of our asphalt walk with concrete for some of our sidewalk areas. A diagram is attached in BidBuy.
1.2. SUPPLIES AND/OR SERVICES REQUIRED:
| 1.2.1. | Vendor will furnish all labor, tools and equipment of the trade, related to | providing the services in fulfilling the contract. | ||||||||
| 1.2.2. | Tools and equipment of the trade (included in per hour rate) refers to, but is not limited to, all exact measuring devices, stone cutting devices, caulking guns, material setting devices, mixers, grinders, ladders, scaffolding, lifts and truck, clean up tools, etc. | |||||||||
| 1.2.3. | The supplies and materials to be used shall be of high-quality conforming to applicable Federal and/or State specifications. The vendor shall furnish materials, supplies and products suitable for the purpose, but not harmful to the surface to which it is applied. The vendor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. | |||||||||
| 1.2.4. | The government unit reserves the right to reject any materials and/or supplies they deem harmful to the building surfaces, contents, or equipment. The governmental unit designee may request a list of materials that he/she proposes to use in the performing of the work. | |||||||||
| 1.2.5 | It is the vendor’s responsibility to remove and clean up all associated debris. | |||||||||
| 1.2.6. | This contract cannot be used for historical preservation or restoration or at a location involving a historical site or landmark classification. | |||||||||
| 1.2.7. | The governmental unit may request a written estimate and/or proposal on any repairs, replacements and/or work exceeding $500.00 | |||||||||
| A. | Estimates and proposals will be in writing with description of work to be performed and detailed breakdown of material, labor and other cost and priced as per contract agreement. | |||||||||
| B. | If said work is authorized by the governmental unit designee, then work shall be performed on a time and material basis (as per contract agreement) not to exceed the estimate or proposal. | |||||||||
| C. | The governmental unit reserves he right to obtain additional estimates and/or proposals. | |||||||||
| 1.2.8. | Repair and maintenance of surfaces shall be performed on an as-needed basis. The work to be done and the length of time said job shall take to complete shall be agreed upon by both the governmental unit designee and Vendor, prior to the commencement of that work. Whenever available and/or practical the Vendor shall furnish materials and products in the State of Illinois. | |||||||||
| 1.2.9. | Vendor shall take all necessary precautions to prevent dust, debris, caulking compounds, sealants and finishes to come in contact with glass, floors, curtains, walls, fencing, building facades, furniture, or any surface not intended to be repaired or maintained. If compounds should be found on unintended surfaces, it will be thoroughly cleaned and restored to the satisfaction of the governmental unit designee. Vendor shall furnish safety horses and flags in areas where work is in progress. | |||||||||
| 1.2.10. | Materials and products shall be furnished at the Vendor’s cost. The governmental unit may require the Vendor to provide copies of material suppliers’ invoices to verify cost. | |||||||||
| A. | The governmental unit and its representatives shall, at all times, | have access to the work whenever it I s in preparation or progress | and the Vendor shall provide for such access and inspection. | |||||||
| B. | All work, materials, parts, etc,, shall be guaranteed for three years | to be free of defects. Defective items shall be replaced during the | first year of operation without cost (including labor cost) to the | governmental unit. | ||||||
| C. | The Vendor shall promptly remove from the premises all material | condemned by the governmental unit as failing to conform to the | contract, and the Vendor shall promptly replace and re-execute | their work in accordance with the contract and without expense | to the unit. The governmental unit will not pay for “call-backs” | to re-do original job, repair and/or service. | ||||
| D. | The Vendor shall apply salt protectant to masonry work in order to | prevent erosion due to salt and ice melting substances, when | appropriate. |
For procurements conducted in BidBuy, the State may include in this contract the BidBuy Purchase Order as it contains the agreed Supplies and/or Services.
1.3. MILESTONES AND DELIVERABLES:
| 1.3.1. | Vendor shall designate an employee to be the contact person for this contract. The name, phone number and email address of that designee shall be provided by the Vendor below: |
| Designee Name: | |
| Designee Phone: | |
| Designee Email: | |
| 1.3.2. | All work shall be completed during normal working hours or as may be determined and/or scheduled by the governmental unit designee. |
| 1.3.3. | Emergency service response time must be within (2) hours of receiving a call from the governmental unit designee on either a regular or overtime basis. |
| 1.3.4. | Vendor shall maintain records of all work maintenance and repairs provided under this Agreement and shall furnish copies of same to the governmental unit designee. |
| 1.3.5. | Vendor will be required to report to Central Management Services – Bureau of Strategic Sourcing (BOSS) an annual usage report. This report shall be in a tab delimited text file or an EXCEL spreadsheet that reference PO number and time period being reported, and must contain the following: |
| PO Line number, Quantity, Unit of Measure, and Delivery Address |
| The report shall be attached and sent to the following email address: |
| cms.boss.sourcing@illinois.gov. |
1.4. VENDOR/STAFF SPECIFICATIONS:
1.4.1. The State is committed to prompt and efficient customer service. Vendor and its employees are to treat customers with courtesy and respect and subscribe to the State’s values regarding customer service.
| 1.4.2. | Vendor’s employees shall be required to comply with all instructions |
| issued by the governmental unit authorized representative(s). |
1.4.3. Vendor shall not commence any work under this contract until approval has been obtained and a CMS job work authorization order and/or purchase order number has been obtained from governmental unit designee. This number must appear on all of the Vendor’s job invoices and/or tickets, and billings.
1.4.4. Vendor and its employees shall obtain and observe all site safety regulations and will comply with the building security procedures as may be required. Vendor and its employees will participate in the Building’s Safety Program to the extend determined by the Facility Manager or designee. Vendor will recommend procedures to ensure safe work practices.
1.4.5. Vendor and its employees are responsible for maintaining current insurance, licensure, and certifications necessary to perform the varied maintenance and repair services under the scope of the contract. These shall remain valid during the life of the contract.
1.4.6. Vendor and its employees are prohibited from disturbing papers on desks, opening desk drawers or cabinets, disturbing personal property of State employees, using telephones and/or office equipment, or anything else provided for official State use.
1.4.7. Vendor and its employees shall maintain a professional appearance while on site, including wearing company identification and appropriate clothing (I.E. including, but not limited to, clothing with no holes, rips or tears, no shorts, no open-toed shoes). Discretion will reside with the governmental unit designee.
| 1.4.8. | At the completion of each job the Vendor’s employees shall report to the |
| governmental unit designee for approval of the work. For CMS work, the following items A through D will be required. Other governmental units may have separate requirements or agency paperwork that the Vendor shall follow. |
A. Vendor’s job work order/ticket shall be signed by CMS designee.
B. Vendor shall leave signed copy with CMS designee.
C. A separate work order/ticket will be written for each individual job or service performed.
D. Required information on all Vendor’s work orders/tickets are as follows:
1) Facility name and/or job location, date order received, start and completion date, with time in and time out.
2) CMS work authorization and/or purchase order number.
3) Detailed description of work performed.
| 4) | Breakdown and individual listing of all materials and |
| quantity used, priced at retail cost. |
5) Listing of each employee, date and hours worked.
| 6) | Labor hours (both straight and overtime). There will be no |
| lumping of hours and materials together. |
| 1.4.9 | Vendor is not considered a general contractor and shall possess their own | ||
| work crew, and, as such, is expected to complete the projects under this | contract with their own employees and maintain or have the source to | obtain adequate personnel to fulfill the contract requirements. There will |
be no subcontracting of labor. Vendors are allowed to hire temporary workers from local labor unions to complete bigger jobs.
| 1.4.10. | Vendor and its employees shall report to and sign in and out with the governmental unit designee indicating times of arrival and departure with a brief description of the services rendered, work order number and/or location in the facility. Sign in and out times shall be indicated on Vendor’s job invoice and/or ticket. | |||
| 1.4.11. | Vendor shall be responsible for all damage caused by Vendor’s personnel or agents. Vendor shall advise the governmental unit designee of all damages immediately and shall then follow-up with a written report within twenty-four (24) hours stipulating the following: | |||
| * Description of damage, including extent and location | ||||
| * Cause of damage | ||||
| * Steps taken by Vendor | ||||
| 1.4.12. | Vendor is advised that asbestos contained materials and or suspected asbestos contained materials may be present in some facilities. | |||
| A. | Vendor and its employees are cautioned not to disturb, remove or | damage any materials which may contain asbestos in performing | the required service. | |
| B. | If during the performance of work, Vendor or its employees detect asbestos or suspected asbestos, they are to cease all work immediately and report it to the State, Facility Manager, and/or designee. | |||
| C. | Vendor and its employees acknowledge that they are fully aware of the health hazards associated with asbestos exposures and will not engage in any work activities which may disturb and/or damage said material creating a potential hazard. | |||
| D. | Any removal and/or repair of asbestos contained materials and/or suspected asbestos contained materials that is necessary for repairs, maintenance and replacement of materials and equipment under this contract shall be provided by the licensed asbestos abatement Vendor under contract with the Illinois Department of Central Management Services or end-user agency. The licensed asbestos abatement Vendor may monitor air quality during work performance. | |||
| E. | Should there be an accidental disturbance or damage to asbestos contained materials by the Vendor or employees, said disturbance shall be immediately reported to Facility Manager, designee and/or engineer. | |||
| 1.4.14. | The State may conduct at their expense criminal and driver history background checks of Vendor’s officers, employees or agents who would directly supervise or physically perform any of the contract requirements. If the State chooses to conduct a background check, the Vendor’s officers, employees, or agents must be cleared through the background check before entering the premises to commence work. Any officer, employee, or agent deemed unsuitable by the State must be immediately replaced. The governmental unit designee will contact Vendor regarding the need to replace any permanent or temporary employee. |
1.5. TRANSPORTATION AND DELIVERY: Not applicable as Vendor is responsible for providing any required transportation of their employees to and from worksites. There is no allowance for additional mileage charges to and from worksites.
1.6. SUBCONTRACTING:
1.6.1. Subcontractors are not allowed.
1.7. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the contract by Vendor.
Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if the Offeror shifts any such work outside the United States.
· Location where services will be performed: Jacksonville Correctional Center Value of services performed at this location: 100%
2. PRICING
2.1. 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 firm.
2.2. VENDOR’S PRICING: Vendor’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.
2.3. EXPENSES ALLOWED: Expenses are not allowed.
2.4. 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.
3. TERM AND TERMINATION
3.1.1. TERM OF THIS CONTRACT: The contract will have an initial term commencing upon the “last dated signature of all Parties” and ending on 6/30/2026. 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. Vendor 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.
3.2 . RENEWAL: None
3.2. TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part, immediately upon notice to the Vendor if: (a) the State determines that the actions or inactions of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has notified the State that it is unable or unwilling to perform the contract.
If Vendor 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 Vendor lacks the financial resources to perform the contract, the State shall provide written notice to the Vendor 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.
3.3. TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor.
Upon submission of invoices and proof of claim, the Vendor shall be entitled to compensation for supplies and services provided in compliance with this contract up to and including the date of termination.
3.4. 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 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.
4. STANDARD BUSINESS TERMS AND CONDITIONS
4.1. PAYMENT TERMS AND CONDITIONS:
4.1.1. 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 Vendor’s sole remedy for late payments by the State. Payment terms contained in Vendor’s invoices shall have no force or effect.
4.1.2. MINORITY CONTRACTOR INITIATIVE: Any Vendor 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 Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.
4.1.3. 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.
| 4.1.4. | PREVAILING WAGE: As a condition of receiving payment Vendor 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. Vendor is responsible for contacting | DOL at 217-782-6206 or (https://labor.illinois.gov) to ensure | understanding of prevailing wage requirements. | ||||||
| 4.1.5. | 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 | Vendor in the notice of intent to award. | ||||||||||||||
| 4.1.6. | INVOICING: By submitting an invoice, Vendor 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 July 31 of that year; otherwise Vendor 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. | |||||||||||
| 4.1.6.1 | Vendor shall not bill for any taxes unless accompanied by | proof that the State is subject to the tax. If necessary, | Vendor may request the applicable agency’s Illinois tax | exemption number and Federal tax exemption | information. | ||||||||||||||
| 4.1.6.2 | Vendor 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:
Jacksonville Correctional Ctr
Attn:
Business Office
Address:
2268 East Morton Avenue
City, State Zip
Jacksonville, IL 62650
For procurements conducted in BidBuy, the Agency may include in this contract the BidBuy Purchase Order as it contains the Bill To address.
| 4.2. ASSIGNMENT: This contract may not be assigned or transferred in whole or in | part by Vendor without the prior written consent of the State. | ||||||||||||||||||||||||||||||||||||||||||||||||
| 4.3. 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. | Vendor must receive prior written approval before use of any subcontractors in | the performance of this contract. Vendor shall describe, in an attachment if not | already provided, the names and addresses of all authorized subcontractors to | be utilized by Vendor 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, Vendor shall provide a copy of any subcontracts within | fifteen (15) days after execution of this contract. All subcontracts must include | the same certifications that Vendor must make as a condition of this contract. | Vendor shall include in each subcontract the Standard Illinois Certification form | available from the State. If at any time during the term of the Contract, Vendor | adds or changes any subcontractors, then Vendor 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. | |||||||||||||||||||||||||||||||
| 4.4. | AUDIT/RETENTION OF RECORDS: Vendor 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 Vendor 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 Vendor 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. Vendor 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 Vendor or subcontractors shall not impose a charge for audit | or examination of the Vendor’s or subcontractor’s books and records. 30 ILCS | 500/20-65. | ||||||||||||||||||||||||||
| 4.5. | TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s | performance of this contract. Vendor shall continue to perform its obligations | while any dispute concerning this contract is being resolved unless otherwise | directed by the State. | |||||||||||||||||||||||||||||||||||||||||||||
| 4.6. | 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. | ||||||||||||||||||||||||||||||||||||||||||||||
| 4.7. | 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. | |||||||||||||||||||||||||||||||||||||||||||
| 4.8. | 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. Vendor shall presume all information | received from the State or to which it gains access pursuant to this contract is | confidential. Vendor 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 | |||||||||||||||||||||||||||||||
| 4.9. | USE AND OWNERSHIP: All work performed or supplies created by Vendor 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. Vendor 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 Vendor | may have to such work including any so-called "moral rights" in connection with | the work. Vendor 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. | ||||||||||||||||||||||||||||||||||||||
| 4.10. | INDEMNIFICATION AND LIABILITY: The Vendor 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 | Vendor 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 Vendor’s negligent performance; (c) any act, activity or | omission of Vendor 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. | |||||||||||||||||||||||||||||||
| 4.11. | INSURANCE: Vendor 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. Vendor 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 Vendor’s obligation to | indemnify, defend, or settle any claims. | |||||||||||||||||||||||||||||||||||||
| 4.12. | INDEPENDENT CONTRACTOR: Vendor 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. | ||||||||||||||||||||||||||||||||||||||||||||||
| 4.13. | SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person | employed by the State during the term of this contract to perform any work | under this contract. Vendor shall give notice immediately to the Agency’s | director if Vendor solicits or intends to solicit State employees to perform any | work under this contract. | ||||||||||||||||||||||||||||||||||||||||||||
| 4.14. | COMPLIANCE WITH THE LAW: The Vendor, 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. Vendor shall be in compliance | with applicable tax requirements and shall be current in payment of such taxes. | Vendor shall obtain at its own expense, all licenses and permissions necessary | for the performance of this contract. | ||||||||||||||||||||||||||||||||||||||||||
| 4.15. | 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 Vendor’s and subcontractor’s officers, employees or | agents. Vendor or subcontractor shall immediately reassign any individual who, | in the opinion of the State, does not pass the background check. | ||||||||||||||||||||||||||||||||||||||||||||
| 4.16. | APPLICABLE LAW: | ||||||||||||||||||||||||||||||||||||||||||||||||
| 4.16.1. | PREVAILING LAW: This contract shall be construed in | accordance with and is subject to the laws and rules of the State | of Illinois. | ||||||||||||||||||||||||||||||||||||||||||||||
| 4.16.2 | EQUAL OPPORTUNITY: The Department of Human Rights’ | Equal Opportunity requirements are incorporated by reference. | 44 Ill. Adm. Code 750. | ||||||||||||||||||||||||||||||||||||||||||||||
| 4.16.3 | 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. | ||||||||||||||||||||||||||||||||||||||||||
| 4.16.4. | 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). | ||||||||||||||||||||||||||||||||||||||||||||||
| 4.17. | ANTI-TRUST ASSIGNMENT: If Vendor 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, | Vendor shall assign to the State all of Vendor’s rights, title and interest to the | claim or cause of action. | ||||||||||||||||||||||||||||||||||||||||||||
| 4.18 | 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 Vendor. 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 Vendor shall have any liability to the Vendor for that | order or orders. | ||||||||||||||||||||||||||||||||||||||||
| 4.19. | 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. | |||||||||||||||||||||||||||||||||||||||||||||
| 4.20 | 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. | |||||||||||||||||||||||||||||||||||||||
| 4.21 | 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 that by their | nature would be expected to survive, shall survive termination. In the event of a | conflict between the State’s and the Vendor’s terms, conditions and attachments, | the State’s terms, conditions and attachments shall prevail. | |||||||||||||||||||||||||||||||||||||||||
| 4.22 | PERFORMANCE RECORD/SUSPENSION: Upon request of the State, Vendor | shall meet to discuss performance or provide contract performance updates to | help ensure proper performance of this contract. The State may consider | Vendor’s performance under this contract and compliance with law and rule to | determine whether to continue this contract, suspend Vendor from doing future | business with the State for a specified period of time, or whether Vendor can be | considered responsible on specific future contract opportunities. | ||||||||||||||||||||||||||||||||||||||||||
| 4.23 | 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. | |||||||||||||||||||||||||||||||||||||||||||||
| 4.24 | 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. | ||||||||||||||||||||||||||||||||||||||||||||||
| 4.25. | WARRANTIES FOR SUPPLIES AND SERVICES: | ||||||||||||||||||||||||||||||||||||||||||||||||
| 4.25.1. | Vendor 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 Vendor 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. Vendor 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. | |||||||||||||||||||||||||||||||
| 4.25.2 | Vendor 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. | ||||||||||||||||||||||||||||||||||||||||||||||||
| 4.25.3 | Vendor 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. Vendor 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. | ||||||||||||||||||||||||||||||||||||||||||||||||
| 4.26. | REPORTING, STATUS AND MONITORING SPECIFICATIONS: Vendor shall immediately notify the State of any event that may have a material impact on Vendor’s ability to perform this contract. | ||||||||||||||||||||||||||||||||||||||||||||||||
| 4.27 | EMPLOYEMENT TAX CREDIT: Vendors 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. |
5. 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.
| |X| | 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. |
| X | Agency Specific Terms and Conditions |
|_| Other (describe)
6. ATTACHMENTS
6.1 Drawing of area we plan to replace is attached in the attachments section of the bid.
Jacksonville Correctional Center
Masonry Services Contract
26-426DOC-JACKS-B-49709
VENDOR
| Vendor 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:
| Purchasing Agency: Jacksonville Correctional Center |
| Phone: 217-245-1481 |
| Street Address: 2268 East Morton Avenue |
| Email: jennifer.wieties@illinois.gov |
City, State ZIP: Jacksonville, IL 62650
| 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:
State of Illinois Contract v.25.4
AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS
· Agency Reference #: 26-426DOC-JACKS-B-49709
· Project Title: Masonry Services
· Contract #:
· Procurement Method (IFB, RFP, Small Purchase, etc.): Small Purchase
· BidBuy / Bulletin Reference #: B-49709
· BidBuy / Bulletin Publication Date:
· Award Code:
· Subcontractor Utilization? |_| Yes |X|No Subcontractor Disclosure? |_| Yes |_|No
· Funding Source:
· Obligation #:
| · Small Business Set-Aside? |_| Yes |X|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?
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