CO150~2.docx

Attachment A – Additional Supplemental Terms & Conditions

EMPLOYMENT OF PUBLIC WORKERS ON PUBLIC WORKS

In a period of excessive unemployment rates, State contractors (1) constructing or building any public works or (2) cleaning-up and disposing on-site of hazardous waste, and that clean-up or on-site disposal is funded or financed in whole or in part with State funds or funds administered by the State, are required to employ at least 90% Illinois laborers on such project. For projects involving clean-up and on-site disposal of hazardous waste, emergency response or immediate removal activities are excluded. This requirement applies to all labor whether skilled, semi-skilled or unskilled, whether manual or non-manual.

A period of excessive unemployment rates is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded 5% as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures. Any public works project financed in whole or in part by federal funds administered by the State of Illinois is covered under the provisions of this requirement, to the extent permitted by any applicable federal law or regulation. 30 ILCS 570. Contractors may receive an exception from this requirement by submitting a request and supporting documents certifying that Illinois laborers are either not available or are incapable of performing the particular type of work involved. The certification must: (a) be submitted to the agency within the first quarter of the Contract Term; (b) provide sufficient support that demonstrates the exception is met; (c) be signed by an authorized signatory of the contractor; and (d) be approved by the agency.

30 ILCS 500/25-60 Prevailing Wage The Vendor shall provide services in compliance with accreditation standards and all other applicable codes, standards, laws, rules and regulations including Occupational Safety and Health Administration (OSHA) standards.

The Vendor’s employees shall demonstrate competence and experience in their work and quality work is required. Hasty and careless performance of work will not be acceptable. Work that is deemed unsatisfactory will immediately be called to the attention of the Vendor and corrections will be made at the Vendor’s expense.

The Vendor’s employees shall carry identification, supplied by the Vendor, at all times.

The Vendor and Vendor’s employees shall obey all traffic regulations at the Center. All unattended vehicles must be locked and the motor shut off.

The Vendor and Vendor’s employees shall not leave any tools, equipment or materials unsupervised, as they could become a potential safety hazard. Vehicles, tools and work supplies are to be secured at all times.

The Vendor shall certify compliance with the Illinois Prevailing Wage Act by checking the box below:

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”) or is a service contract subject to the prevailing wage requirements of the Illinois Procurement Code, 30 ILCS 500/25-60 (“the Code”). 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 Code requires vendors awarded certain service contracts to pay service workers no less than the general prevailing wages rate of hourly wages (hourly cash wages plus amount for fringe benefits) in the county where the work is performed. The Illinois Department of Labor publishes the prevailing wage rates on its website at http://labor.illinois.gov. The Illinois Department of Labor revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Illinois Department of Labor’s website for revisions to prevailing wage rates. All contractors and subcontractor’s rendering services under this contract must comply with all requirements of the Act and Code, including but not limited to, all wage requirements and notice and record keeping duties.

Will comply: |_| Yes |_| No It shall be the Vendor’s responsibility to secure and utilize the copies of the prevailing wage rates in effect. Please visit: http://www.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx for the most current data.

Vendor must check “YES” checkbox to indicate compliance for bid to be considered responsive.

30 ILCS 550 Surety (Performance) Bond Vendor must furnish, supply and deliver a bond to the State, with good and sufficient sureties. The surety on the bond shall be a company that is licensed by the Department of Insurance authorizing it to execute surety bonds and the company shall have a financial strength rating of at least A- as rated by A.M. Best Company, Inc., Moody's Investors Service, Standard & Poor's Corporation, or a similar rating agency.

The amount of the bond shall be fixed by the IDHS for the completion of the contract, for the payment of material, apparatus, fixtures, and machinery used in the work and for all labor performed in the work, whether by subcontractor or otherwise.

The amount of the bond shall be not less than the amount of the vendor’s bid.

Each such bond is deemed to contain the following provisions whether such provisions are inserted in such bond or not:

“The principal and sureties on this bond agree that all the undertakings, covenants, terms, conditions and agreements of the contract or contracts entered into between the principal and the State or any political subdivision thereof will be performed and fulfilled and to pay all persons, firms and corporations having contracts with the principal or with subcontractors, all just claims due them under the provisions of such contracts for labor performed or materials furnished in the performance of the contract on account of which this bond is given, when such claims are not satisfied out of the contract price of the contract on account of which this bond is given, after final settlement between the officer, board, commission or agent of the State or of any political subdivision thereof and the principal has been made.".

The surety bond required by this Section may be acquired from the company, agent or broker of the contractor's choice. The bond and sureties shall be subject to the right of reasonable approval or disapproval, including suspension, by the State. In the case of State construction contracts, a contractor shall not be required to post a cash bond or letter of credit in addition to or as a substitute for the surety bond required by this Section.

For the purposes of this Section, the terms "material", "labor", "apparatus", "fixtures", and "machinery" include those rented items that are on the construction site and those rented tools that are used or consumed on the construction site in the performance of the contract on account of which the bond is given.

If the contract is for emergency repairs as provided in the Illinois Procurement Code, proof of payment for all labor, materials, apparatus, fixtures, and machinery may be furnished in lieu of the bond required by this Section.

Prior to work beginning vendor must provide DHS with a Surety Bond in accordance with these provisions, of an amount not less than the vendor’s bid for this solicitation. Vendor’s failure to provide the bond will enable DHS to award to the next lowest cost, responsive bidder.

30 ILCS 500/30-22 Additional responsiveness requirements

1. Vendor certifies it will comply with applicable provisions of the Illinois Procurement Code 30 ILCS 500 and applicable rules in performance of this contract.

Will comply: |_| Yes |_| No

2. Vendor certifies it will maintain an Illinois office as the primary place of employment for persons employed in the construction work identified in this solicitation.

Will comply: |_| Yes |_| No

3. Vendor shall at all times during the contract term and any renewals, maintain “hazardous occupation” (commonly known as “Builder’s Risk) Insurance in addition to the Insurances described elsewhere. Vendor shall, at all times during the term and any renewals maintain and provide a Certificate of Insurance naming the State as additionally insured for all required bonds and insurance. Insurance shall not limit Vendor’s obligation to indemnify, defend, or settle any claims.

Will comply: |_| Yes |_| No

4. Bidder must provide a copy of their United States Department of Labor (USDOL) Apprenticeship and Training Certificate or Program Letter.

5. Bidder must provide one of the following:

· a copy of their written Equal Employment Opportunities (EEO) policy;

OR

· a Workforce Projection for work performed on the project being bid. Workforce projections shall include any subcontractor’(s’) workforce. Workforce hours should be broken out by African American male or female, Hispanic male or female, Native American male or female, Asian male or female, Caucasian male or female and Veteran male or female; and by Trade Category. DHS’ acceptance of the bidder’s projection is a condition of contract award. DHS will notify the bidder if the projection is unacceptable. The bidder shall be given the opportunity to negotiate an acceptable projection with the DHS. Failure to reach an acceptable workforce projection may result in rejection of the contract award.

To be considered responsive, Vendor must:

· check “YES” for each checkbox to indicate compliance;

· provide copy of USDOL Apprenticeship and Training Certificate or Program Letter; and

· a copy of their written Equal Employment Opportunities (EEO) policy; OR a Workforce Projection