Lincoln New Salem Controls Upgrade Project Manual Attachment A~2.pdf

4-20-015 / Lincoln's New Salem HVAC Controls Upgrade

00 01 01 - 1 PROJECT TITLE PAGE

SECTION 00 01 01

PROJECT TITLE PAGE

PROJECT MANUAL

FOR

LINCOLN'S NEW SALEM HVAC CONTROLS UPGRADE

OWNER'S PROJECT NUMBER: 4-20-015

ILLINOIS DEPARTMENT OF NATURAL RESOURCES

15588 HISTORY LANE

PETERSBURG , ILLINOIS 62675

DATE: SEPTEMBER 15, 2020

FARNSWORTH GROUP, INC.

END OF SECTION

00 01 02 - 1 PROJECT INFORMATION

SECTION 00 01 02

PROJECT INFORMATION

PART 1 GENERAL

1.01 PROJECT IDENTIFICATION

A. Project Name: Lincoln's New Salem HVAC Controls Upgrade, located at:

B. Owner's Project Number: 4-20-015.

15588 History Lane.

Petersburg, Illinois 62675.

C. The Owner, hereinafter referred to as Owner: Illinois Department of Natural Resources

1. Sales Tax Exemption Number: _______.

1.02 NOTICE TO PROSPECTIVE DESIGN-BUILDERS

A. These documents constitute an Invitation for Bid from prospective bidders for final development and construction of the project described below.

1.03 PROJECT DESCRIPTION

A. Summary Project Description: Replace the existing pneumatic control system with new Direct Digital Control System based on BACnet standards..

B. Contract Scope: construction, demolition, renovation, facility operations during occupancy, and final development.

C. Contract Terms: Lump sum (fixed price, stipulated sum).

D. A mandatory pre-submission conference will be held October 15, 2020, at 10:30am at the

Lincoln’s New Sale State Historic Site, 15588 History Lane, Petersburg, Illinois, 62675. Masks are required and vendors must practice social distancing.

E. SPECIAL NOTICE & COVID-19 Precautions

1. The Historic Village is open to the public with limited interpretation and historic demonstrations scattered throughout. The Railsplitter Gift Shop, located near the parking lot, will be open Thursday through Sunday at this time. The Visitor Center will remained closed until further notice. Please follow CDC guidelines when visiting. Practice social distancing and wear a mask when social distancing is not feasible. Restrooms are available in the campground and in the historic village.

1.04 PROJECT CONSULTANTS

A. The Engineer, hereinafter referred to as Engineer: Farnsworth Group, Inc..

1. Address: 20 Allen Ave..

2. City, State, Zip: Saint Louis, MO 63119.

3. Phone/Fax: 314-257-0897.

4. E-mail: ehepner@f-w.com.

1.05 PROCUREMENT DOCUMENTS

A. Availability of Documents: Complete sets of procurement documents may be obtained:

1. From Owner at the Project Manager's address listed above.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

00 01 07 - 1 SEALS PAGE

SECTION 00 01 07

SEALS PAGE

THE PORTION OF THIS TECHNICAL SUBMISSION DESCRIBED BELOW WAS PREPARED BY

ME OR UNDER MY DIRECT SUPERVISION AND RESPONSIBLE CHARGE. I AM A DULY

LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF ILLINOIS.

SIGNATURE: ______________________________

NAME: ______________________________

DATE: ______________________________

LICENSE EXPIRES: ______________________________

DIVISIONS COVERED: ______________________________

END OF SECTION

JOSEPH M.

062-069758

GAIED

JOSEPH M GAIED

9/23/2020

11/30/2021

MECHANICAL

00 01 10 - 1 TABLE OF CONTENTS

SECTION 00 01 10

TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS

1.01 DIVISION 00 -- PROCUREMENT AND CONTRACTING REQUIREMENTS

A. 00 01 01 - Project Title Page B. 00 01 02 - Project Information C. 00 01 07 - Seals Page D. 00 01 10 - Table of Contents E. 00 01 15 - List of Drawing Sheets F. 00 41 00 - Bid Form G. 00 41 01 - Subcontractor Requirements H. 00 41 06 - Bid Bond I. 00 41 07 - Product Substitution Form J. 00 41 08 - Standard Business Terms and Conditions K. 00 41 09 - Certifications and Disclosures L. 00 43 43 - Prevailing Wages Act

SPECIFICATIONS

2.01 DIVISION 23 -- HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)

A. 23 05 93 - Testing, Adjusting, and Balancing for HVAC B. 23 09 13 - Instrumentation and Control Devices for HVAC C. 23 09 23 - Direct-Digital Control System for HVAC D. 23 84 13 - Humidifiers

00 01 15 - 1 DRAWINGS, SCHEDULES AND

DETAILS

SECTION 00 01 15

DRAWINGS, SCHEDULES AND DETAILS

- PROJECT COVER PAGE

M0.1 GENERAL INFORMATION / SCHEDULE

MD1.1 CONTROLS DEMOLITION PLAN

MD1.2 CONTROLS DEMOLITION PLAN

MD1.3 CONTROLS DEMOLITION PLAN

MD1.4 CONTROLS DEMOLITION PLAN

MD1.5 CONTROLS DEMOLITION PLAN

MD1.6 CONTROLS DEMOLITION PLAN

MD1.6 BUILDING LAYOUT DEMOLITION

M1.1 CONTROLS DIAGRAM

M1.2 CONTROLS DIAGRAM

M1.3 CONTROLS DIAGRAM

M1.4 CONTROLS DIAGRAM

M1.5 CONTROLS DIAGRAM

M1.6 CONTROLS DIAGRAM

M3.1 BUILDING LAYOUT / SCHEDULES

E0.1 GENERAL INFORMATION

E0.2 SPECIFICATIONS AND SCHEDULES

E1.1 ELECTRICAL PLANS

00 41 00 - 1 BIDDING

SECTION 00 41 00

BIDDING

BID SHALL BE SUBMITTED VIA BID BUY ELECTRONIC SUBMISSION ONLY

(21-422DNR-REALT-B-17538)

00 41 01 - 1 SUBCONTRACTOR

REQUIREMENTS

SECTION 00 41 01

SUBCONTRACTOR REQUIREMENTS

RETURN WITH BID

NOTE: SUBCONTRACTORS SHALL NOT EXCEED 30% OF THE PROJECT

2.01 PURSUANT TO REQUIREMENTS OF 30 ILCS 500/20-120(A), THE CONTRACT SHALL STATE

WHETHER THE SERVICES OF A SUBCONTRACTOR WILL BE USED. THE CONTRACT

SHALL INCLUDE NAMES AND ADDRESSES OF ALL KNOWN SUBCONTRACTORS WITH

SUBCONTRACTS WITH AN ANNUAL VALUE OF MORE THAN $50,000, THE GENERAL TYPE

OF WORK TO BE PERFORMED, AND THE EXPECTED AMOUNT OF MONEY EACH WILL

RECEIVE UNDER THE CONTRACT.

2.02 LIST KNOWN SUBCONTRACTORS NOT CONSIDERED INCIDENTAL TO THE PERFORMANCE

OF A CONTRACT WITH AN ANNUAL VALUE OVER $50,000.

NAME OF

SUBCONTRACT

OR

ADDRESS TOTAL

EXPECTED

VALUE

DESCRIPTION /

SCOPE OF

WORK

00 41 06 - 1 BID BOND

SECTION 00 41 06

BID BOND

00 41 06 - 2 BID BOND

RETURN WITH BID

STATE OF ILLINOIS

DEPARTMENT OF NATURAL RESOURCES

AS PRINCIPAL, AND

A CORPORATION OF THE STATE OF

AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE STATE OF ILLINOIS, ACTING BY

AND THROUGH THE DEPARTMENT OF NATURAL RESOURCES, AS OBLIGEE, IN THE

AMOUNT OF TEN PERCENT (10%) OF THE AMOUNT OF THE BASE BID FOR THE PAYMENT

OF WHICH PRINCIPAL AND SURETY BIND THEMSELVES, THEIR HEIRS, EXECUTORS,

ADMINISTRATORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, TO THIS

AGREEMENT.

PRINCIPAL HAS SUBMITTED TO OBLIGEE A BID TO ENTER INTO A WRITTEN CONTRACT,

FOR PROJECT:

LOCATION OF WORK:

IN ACCORDANCE WITH BIDDING DOCUMENTS FOR THE PROJECT, WHICH CONTRACT IS

BY REFERENCE MADE A PART HEREOF AND IS HEREINAFTER REFERRED TO AS "THE

CONTRACT".

THE CONDITION OF THIS OBLIGATION IS THAT IF PRINCIPAL, UPON ACCEPTANCE BY

OBLIGEE OF ITS BID WITHIN THE PERIOD OF TIME SPECIFIED FOR ACCEPTANCE, SHALL

COMPLY WITH ALL POST AWARD REQUIREMENTS AS REQUIRED BY THE TERMS OF THE

BID WITHIN THE TIME SPECIFIED AFTER DATE OF THE BID AWARD, OR IN THE EVENT OF

THE FAILURE TO COMPLY WITH ALL POST AWARD REQUIREMENTS, IF PRINCIPAL SHALL

PAY OBLIGEE (1) FOR ALL COSTS OF PROCURING THE WORK WHICH EXCEEDS THE

AMOUNT OF ITS BID, OR (2) SHALL PAY OBLIGEE THE AMOUNT OF THIS BOND AS

LIQUIDATED DAMAGES IN THE EVENT PRINCIPAL IS A SOLE BIDDER AND AFTER AN

ATTEMPT TO SECURE OTHER BIDS BY RE-ADVERTISING NONE CAN BE OBTAINED, THEN

THIS OBLIGATION SHALL BE NULL AND VOID; OTHERWISE IT SHALL REMAIN IN FULL

FORCE AND EFFECT.

SURETY HEREBY AGREES THAT ITS OBLIGATION SHALL NOT BE IMPAIRED BY ANY

EXTENSIONS OF TIME FOR OBLIGEE'S ACCEPTANCE OR COMPLIANCE WITH POST

AWARD REQUIREMENTS. SURETY HEREBY WAIVES NOTICE OF SUCH EXTENSIONS.

SIGNED AND SEALED THIS ___________________ DAY OF__________________________, 20.

00 41 06 - 3 BID BOND

CONTRACTOR SURITY

BY ________________________ BY _____________________________

TITLE ________________________ TITLE OFFICER OF THE SURITY

ATTEST: ___________________________________________________________________

CORPORATE SECRETARY (CORPORATIONS ONLY):

JURAT (NOTARY'S STATEMENT AUTHENTICATING SIGNATURE)

STATE OF: _____________________________________________________________________

COUNTY OF: ___________________________________________________________________

I, _____________________________________________________ , (INSERT NAME OF

ATTORNEY-IN-FACT FOR SURETY) A NOTARY PUBLIC IN AND FOR SAID COUNTY, DO

HEREBY CERTIFY THAT WHO IS PERSONALLY KNOWN TO ME TO BE THE SAME PERSON

WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT ON BEHALF OF

SURETY, APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED

RESPECTIVELY, THAT HE/SHE SIGNED, SEALED, AND DELIVERED SAID INSTRUMENT AS

HIS/HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET

FORTH.

GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS __________________________________

DAY OF ______________________________ A.D. 20____.

MY COMMISION EXPIRES _________________________________________________________

NOTARY SIGNATURE

00 41 07 - 1 PRODUCT SUBSTITUTION

FORM

SECTION 00 41 07

PRODUCT SUBSTITUTION FORM

RETURN WITH BID

THE BIDDER SHOULD INCLUDE THIS FORM WITH THE BID FORMS IF A MATERIAL

SUBSTITUTION IS OFFERED AT THAT TIME.

2.01 THE BASE BID AND ALTERNATE BIDS (IF APPLICABLE) INCLUDE ONLY THOSE PRODUCTS

SPECIFIED IN THE BIDDING DOCUMENTS. FOLLOWING IS A LIST OF SUBSTITUTE

PRODUCTS WHICH BIDDER PROPOSES TO FURNISH ON THIS PROJECT, WITH THE

DIFFERENCE IN PRICE BEING DEDUCTED FROM THE BASE BID OR ALTERNATE BIDS.

2.02 BIDDER UNDERSTANDS THAT ACCEPTANCE OF ANY PROPOSED SUBSTITUTION IS AT

IDNR'S OPTION. APPROVAL OR REJECTION OF ANY SUBSTITUTIONS LISTED BELOW

WILL BE INDICATED PRIOR TO EXECUTING THE CONTRACT.

MANUFACTURER'S NAME PRODUCT DEDUCT

2.03 EVALUATION. ONLY THE LOWEST RESPONSIBLE BIDDER'S PROPOSED PRODUCT

SUBSTITUTION FORM WILL BE EVALUATED.

2.04 BIDDER'S NAME:__________________________________________________________

2.05 TRADE:__________________________________________________________________

00 41 08 - 1 STANDARD TERMS AND

CONDITIONS

SECTION 00 41 08

STANDARD TERMS AND CONDITIONS

PAYMENT TERMS AND CONDITIONS:

1.01 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 ON VENDOR’S INVOICES

SHALL HAVE NO FORCE AND EFFECT.

1.02 MINORITY CONTRACTOR INITIATIVE: ANY VENDOR AWARDED A CONTRACT UNDER

SECTION 20-10, 20-15, 20-25 OR 20- 30 OF THE ILLINOIS PROCUREMENT CODE (30 ILCS

500) OF $1,000 OR MORE 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.

1.03 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.

1.04 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

DEPARTMENT OF LABOR AND ARE AVAILABLE ON THE DEPARTMENT’S OFFICIAL

WEBSITE, WHICH SHALL BE DEEMED PROPER NOTIFICATION OF ANY RATE CHANGES

UNDER THIS SUBSECTION. VENDOR IS RESPONSIBLE FOR CONTACTING THE ILLINOIS

DEPARTMENT OF LABOR TO ENSURE UNDERSTANDING OF PREVAILING WAGE

REQUIREMENTS AT 217-782-6206 OR

(HTTP://WWW.STATE.IL.US/AGENCY/IDOL/INDEX.HTM).

1.05 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 IN THE AWARD NOTICE.

1.06 INVOICING: BY SUBMITTING AN INVOICE, VENDOR CERTIFIES THAT THE SUPPLIES OR

SERVICES PROVIDED MEET ALL REQUIREMENTS OF THE CONTRACT, AND THE AMOUNT

BILLED AND EXPENSES INCURRED ARE AS ALLOWED IN THE 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.

A. 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/University state tax exemption number and federal tax exemption information.

B. Vendor shall invoice at the completion of the contract unless invoicing is tied in the contract to milestones, deliverables, or other invoicing requirements agreed to in the contract.

00 41 08 - 2 STANDARD TERMS AND

CONDITIONS

AASSIGNMENT:

2.01 THIS CONTRACT MAY NOT BE ASSIGNED, TRANSFERRED IN WHOLE OR IN PART BY

VENDOR WITHOUT THE PRIOR WRITTEN CONSENT OF THE STATE.

SUBCONTRACTING

3.01 FOR PURPOSES OF THIS SECTION, SUBCONTRACTORS ARE THOSE SPECIFICALLY HIRED

TO PERFORM ALL OR PART OF THE WORK COVERED BY THE 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 SUBCONTRACTOR

CERTIFICATIONS AS SHOWN ON THE STANDARD 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 AND THE EXPECTED

AMOUNT OF MONEY THAT EACH NEW OR REPLACED SUBCONTRACTOR WILL RECEIVE

PURSUANT TO THE CONTRACT. 30 ILCS 500/20-120.

AUDIT/RETENTION OF RECORDS:

4.01 VENDOR AND ITS SUBCONTRACTORS SHALL MAINTAIN BOOKS AND RECORDS

RELATING TO THE PERFORMANCE OF THE CONTRACT OR SUBCONTRACT AND

NECESSARY TO SUPPORT AMOUNTS CHARGED TO THE STATE PURSUANT THE

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.

TIME IS OF THE ESSENCE:

00 41 08 - 3 STANDARD TERMS AND

CONDITIONS

5.01 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 THE CONTRACT IS BEING RESOLVED UNLESS OTHERWISE

DIRECTED BY THE STATE.

NO WAIVER OF RIGHTS:

6.01 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.

FORCE MAJEURE:

7.01 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 THE CONTRACT WITHOUT PENALTY IF

PERFORMANCE DOES NOT RESUME WITHIN THIRTY (30) DAYS OF THE DECLARATION.

CONFIDENTIAL INFORMATION:

8.01 CONFIDENTIAL INFORMATION: EACH PARTY, INCLUDING ITS AGENTS AND

SUBCONTRACTORS, TO THIS CONTRACT 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 THE CONTRACT SHALL BE DISSEMINATED EXCEPT

AS AUTHORIZED BY LAW AND WITH THE WRITTEN CONSENT OF THE DISCLOSING

PARTY, EITHER DURING THE PERIOD OF THE CONTRACT OR THEREAFTER. THE

RECEIVING PARTY MUST RETURN ANY AND ALL DATA COLLECTED, MAINTAINED,

CREATED OR USED IN THE COURSE OF THE PERFORMANCE OF THE CONTRACT, IN

WHATEVER FORM IT IS MAINTAINED, PROMPTLY AT THE END OF THE 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 IS INDEPENDENTLY DEVELOPED BY THE RECEIVING

PARTY WITHOUT THE USE OR BENEFIT OF THE DISCLOSING PARTY’S CONFIDENTIAL

INFORMATION.

USE AND OWNERSHIP:

9.01 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

00 41 08 - 4 STANDARD TERMS AND

CONDITIONS

ACKNOWLEDGES THE STATE MAY USE THE WORK PRODUCT FOR ANY PURPOSE.

CONFIDENTIAL DATA OR INFORMATION CONTAINED IN SUCH WORK SHALL BE SUBJECT

TO CONFIDENTIALITY PROVISIONS OF THIS CONTRACT.

INDEMNIFICATION AND LIABILITY:

10.01 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.

INSURANCE

11.01 VENDOR SHALL, ALWAYS 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. 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 occurrence form in 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 amount required by law. Insurance shall not limit Vendor’s obligation to indemnify, defend, or settle any claims.

00 41 08 - 5 STANDARD TERMS AND

CONDITIONS

INDEPENDENT CONTRACTOR:

12.01 VENDOR SHALL ACT AS AN INDEPENDENT CONTRACTOR AND NOT AN AGENT OR

EMPLOYEE OF, OR JOINT VENTURE WITH THE STATE. ALL PAYMENTS BY THE STATE

SHALL BE MADE ON THAT BASIS.

SOLICITATION AND EMPLOYMENT:

13.01 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.

COMPLIANCE WITH THE LAW:

14.01 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.

BACKGROUND CHECK:

15.01 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 REASSIGN IMMEDIATELY ANY SUCH

INDIVIDUAL WHO, IN THE OPINION OF THE STATE, DOES NOT PASS THE BACKGROUND

CHECK.

APPLICABLE LAW:

16.01 PREVAILING LAW: THIS CONTRACT SHALL BE CONSTRUED IN ACCORDANCE WITH AND

IS SUBJECT TO THE LAWS AND RULES OF THE STATE OF ILLINOIS.

16.02 EQUAL OPPORTUNITY: THE DEPARTMENT OF HUMAN RIGHTS’ EQUAL OPPORTUNITY

REQUIREMENTS ARE INCORPORATED BY REFERENCE. 44 ILL. ADM. CODE 750.

16.03 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 505/1. 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.

16.04 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).

ANTI-TRUST ASSIGNMENT:

17.01 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 THE

CONTRACT, THEN UPON REQUEST OF THE ILLINOIS ATTORNEY GENERAL, VENDOR

SHALL ASSIGN TO THE STATE RIGHTS, TITLE AND INTEREST IN AND TO THE CLAIM OR

CAUSE OF ACTION.

CONTRACTUAL AUTHORITY:

18.01 THE AGENCY THAT SIGNS FOR THE STATE OF ILLINOIS SHALL BE THE ONLY STATE

ENTITY RESPONSIBLE FOR PERFORMANCE AND PAYMENT UNDER THE CONTRACT.

00 41 08 - 6 STANDARD TERMS AND

CONDITIONS

WHEN THE CHIEF PROCUREMENT OFFICER OR AUTHORIZED DESIGNEE SIGNS IN

ADDITION TO AN AGENCY, THEY DO 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 WITH THE VENDOR

SHALL HAVE ANY LIABILITY TO VENDOR FOR THAT ORDER.

EXPATRIATED ENTITIES:

19.01 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.

NOTICES:

20.01 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 RECEIVED. BY GIVING NOTICE, EITHER PARTY MAY CHANGE

ITS CONTACT INFORMATION.

MODIFICATIONS AND SURVIVAL:

21.01 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.

PERFORMANCE RECORD / SUSPENSION:

22.01 UPON REQUEST OF THE STATE, VENDOR SHALL MEET TO DISCUSS PERFORMANCE OR

PROVIDE CONTRACT PERFORMANCE UPDATES TO HELP ENSURE PROPER

PERFORMANCE OF THE CONTRACT. THE STATE MAY CONSIDER VENDOR’S

PERFORMANCE UNDER THIS CONTRACT AND COMPLIANCE WITH LAW AND RULE TO

DETERMINE WHETHER TO CONTINUE THE 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.

FREEDOM OF INFORMATION ACT:

23.01 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) (50 ILCS 140) NOTWITHSTANDING ANY

PROVISION TO THE CONTRARY THAT MAY BE FOUND IN THIS CONTRACT.

SCHEDULE OF WORK:

24.01 ANY WORK PERFORMED ON STATE PREMISES SHALL BE DONE DURING THE HOURS

DESIGNATED BY THE STATE AND PERFORMED IN A MANNER THAT DOES NOT

00 41 08 - 7 STANDARD TERMS AND

CONDITIONS

INTERFERE WITH THE STATE AND ITS PERSONNEL.

WARRANTIES FOR SUPPLIES AND SERVICES:

25.01 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.

25.02 VENDOR SHALL INSURE THAT ALL MANUFACTURERS’ WARRANTIES ARE TRANSFERRED

TO THE STATE AND SHALL PROVIDE A COPY OF THE WARRANTY. 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.

25.03 VENDOR WARRANTS THAT ALL SERVICES WILL BE PERFORMED TO MEET THE

REQUIREMENTS OF THE CONTRACT IN AN EFFICIENT AND EFFECTIVE MANNER BY

TRAINED AND COMPETENT PERSONNEL. VENDOR SHALL MONITOR PERFORMANCES

OF EACH INDIVIDUAL AND SHALL REASSIGN IMMEDIATELY ANY INDIVIDUAL WHO IS NOT

PERFORMING IN ACCORDANCE WITH THE CONTRACT, WHO IS DISRUPTIVE OR NOT

RESPECTFUL OF OTHERS IN THE WORKPLACE, OR WHO IN ANY WAY VIOLATES THE

CONTRACT OR STATE POLICIES.

REPORTING, STATUS AND MONITORING SPECIFICATIONS:

26.01 VENDOR SHALL IMMEDIATELY NOTIFY THE STATE OF ANY EVENT THAT MAY HAVE A

MATERIAL IMPACT ON VENDOR’S ABILITY TO PERFORM THE CONTRACT.

EMPLOYMENT TAX CREDIT:

27.01 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.

TERMINATION FOR CAUSE:

28.01 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.

28.02 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

00 41 08 - 8 STANDARD TERMS AND

CONDITIONS

STATE MAY EITHER: (A) IMMEDIATELY TERMINATE THE CONTRACT WITHOUT

ADDITIONAL WRITTEN NOTICE OR (B) ENFORCE THE TERMS AND CONDITIONS OF THE

CONTRACT.

28.03 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.

TERMINATION FOR CONVENIENCE:

29.01 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.

29.02 THE VENDOR SHALL BE ENTITLED TO COMPENSATION UPON SUBMISSION OF INVOICES

AND PROOF OF CLAIM FOR SUPPLIES AND SERVICES PROVIDED IN COMPLIANCE WITH

THIS CONTRACT UP TO AND INCLUDING THE DATE OF TERMINATION.

AVAILABILITY OF APPROPRIATION:

30.01 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:

A. 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),

B. The Governor decreases the Department’s funding by reserving some or all the Department’s appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or

C. THE DEPARTMENT 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.

00 41 09 - 1 CERTIFICATIONS AND

DISCLOSURES

SECTION 00 41 09

CERTIFICATIONS AND DISCLOSURES

BIDDERS HAVE TWO OPTIONS FOR PROVIDING THE REQUIRED CERTIFICATIONS AND

DISCLOSURES:

1.01 FORMS A –THE STANDARD PAPER METHOD OF REQUIRED DOCUMENTS

ANDINFORMATION.

OR

1.02 FORMS B AND AN ILLINOIS PROCUREMENT GATEWAY (IPG) REGISTRATION NUMBER

WHICH ALLOWS FOR REDUCED DOCUMENTATION WHEN USING AN APPROVED

IPGREGISTRATION NUMBER.

1.03 THE ILLINOIS PROCUREMENT GATEWAY IS LOCATED AT HTTPS://IPG.VENDORREG.COM.

1.04 THE IPG IS A WEB-BASED SYSTEM THAT SERVES AS THE PRIMARY LOCATION FOR

ENTERING, ORGANIZING, AND REVIEWING VENDOR INFORMATION. THE IPG ALLOWS

VENDORS TO PROVIDE DISCLOSURES, REGISTRATIONS, AND OTHER DOCUMENTATION

NEEDED TO DO BUSINESS WITH A STATE AGENCY OR UNIVERSITY IN ADVANCE OF ANY

PROCUREMENT; THEREBY, REDUCING THE NUMBER OF DOCUMENTS NEEDED TO BE

SUBMITTED WITH A BID.

1.05 THE STATE REVIEWS INFORMATION SUBMITTED THROUGH THE IPG TO REGISTER

VENDORS IN ADVANCE OF SUBMITTING BIDS AND OFFERS FOR CONTRACTS. UPON

SATISFACTORY REGISTRATION, VENDORS RECEIVE A REGISTRATION NUMBER THAT

MAY BE USED WHEN SUBMITTING THE REQUIRED FORMS.REVIEWS MAY EXCEED TWO

WEEKS WHEN INFORMATION SUBMITTED IS INCOMPLETE OR INACCURATE.

00 41 09 - 2 CERTIFICATIONS AND

DISCLOSURES

1.06 FORMS A

A. *This Forms A section shall be used if you are not using IPG (Illinois Procurement Gateway)

Registration #.

B. See Attachment in Bid Buy Labeled “Forms A”

00 41 09 - 3 CERTIFICATIONS AND

DISCLOSURES

1.07 FORMS B

A. *This Forms B section may be used using a current registration in the Illinois Procurement

Gateway (IPG).

B. If the bidder does not use Forms B, then Forms A shall be submitted with bid.

C. See Attachment in Bid Buy Labeled “Forms B”

00 43 43 - 1 PREVAILING WAGE ACT

SECTION 00 43 43

PREVAILING WAGE ACT

THIS CONTRACT [OR AGREEMENT] 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 ILLINOIS DEPARTMENT OF LABOR (IDOL) PUBLISHES THE PREVAILING

WAGE RATES ON ITS WEBSITE AT

HTTPS://WWW2.ILLINOIS.GOV/IDOL/LAWS-RULES/CONMED/PAGES/RATES.ASPX. IDOL REVISES

THE PREVAILING WAGE RATES AND THE CONTRACTOR/SUBCONTRACTOR HAS AN

OBLIGATION TO CHECK THE IDOL’S WEB SITE FOR REVISIONS TO PREVAILING WAGE RATES.

FOR INFORMATION REGARDING CURRENT PREVAILING WAGE RATES, PLEASE REFER TO

IDOL’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.

1.01 CERTIFIED PAYROLL

A. State law 820 ILCS 130/5 requires all contractors and sub-contractors working on state construction projects to submit certified payroll records to the Department of Natural Resources.

The payroll records must include all workers employed by contractors on the project.

B. In accordance with 820 ILCS 130/5, the contractor and sub-contractor(s) shall make and keep, for a period of 5 years from the date of the last payment made on or after January 1, 2014 (the effective date of Public Act 98-328) on a contract or subcontract for public works, records of all laborers, mechanics, and other workers employed by them on the project.

C. No later than the 15th day of each calendar month, the contractor shall file a certified payroll for the immediately preceding month with the Department of Natural Resources.

MENARD COUNTY PREVAILING WAGE FOR JULY 2015

(SEE EXPLANATION OF COLUMN HEADINGS AT BOTTOM OF WAGES)

00 43 43 - 2 PREVAILING WAGE ACT

00 43 43 - 3 PREVAILING WAGE ACT

1.02 LEGEND

A. RG (Region) B. TYP (Trade Type - All,Highway,Building,Floating,Oil & Chip,Rivers) C. C (Class) D. Base (Base Wage Rate) E. FRMAN (Foreman Rate)

F. M-F>8 (OT REQUIRED FOR ANY HOUR GREATER THAN 8 WORKED EACH DAY, MON

THROUGH FRI.

G. OSA (Overtime (OT) is required for every hour worked on Saturday) H. OSH (Overtime is required for every hour worked on Sunday and Holidays) I. H/W (Health & Welfare Insurance) J. Pensn (Pension) K. Vac (Vacation) L. Trng (Training)

1.03 EXPLANATIONS

MENARD COUNTY

A. The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with

IDOL.

B. Oil and chip resealing (O&C) means the application of road oils and liquid asphalt to coat an existing road surface, followed by application of aggregate chips or gravel to coated surface, and subsequent rolling of material to seal the surface.

C. EXPLANATION OF CLASSES

1. ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date.

2. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain.

D. CERAMIC TILE FINISHER, MARBLE FINISHER, TERRAZZO FINISHER

1. Assisting, helping or supporting the tile, marble and terrazzo mechanic by performing their historic and traditional work assignments required to complete the proper installation of the work covered by said crafts. The term "Ceramic" is used for naming the classification only and is in no way a limitation of the product handled. Ceramic takes into consideration most hard tiles.

E. ELECTRONIC SYSTEMS TECHNICIAN

1. Installation, service and maintenance of low-voltage systems which utilizes the transmission and/or transference of voice, sound, vision, or digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance, background/foreground music, intercom and telephone interconnect, field programming, inventory control systems, microwave transmission, multi-media, multiplex, radio page, school, intercom and sound burglar alarms and low voltage master clock systems.

00 43 43 - 4 PREVAILING WAGE ACT

2. Excluded from this classification are energy management systems, life safety systems, supervisory controls and data acquisition systems not intrinsic with the above listed systems, fire alarm systems, nurse call systems and raceways exceeding fifteen feet in length.

F. SURVEY WORKER - Operated survey equipment including data collectors, G.P.S. and robotic instruments, as well as conventional levels and transits.

G. TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION

1. Class 1. Drivers on 2 axle trucks hauling less than 9 ton. Air compressor and welding machines and brooms, including those pulled by separate units, truck driver helpers, warehouse employees, mechanic helpers, greasers and tiremen, pickup trucks when hauling materials, tools, or workers to and from and on-the-job site, and fork lifts up to 6,000 lb. capacity.

2. Class 2. Two or three axle trucks hauling more than 9 ton but hauling less than 16 ton.

A-frame winch trucks, hydrolift trucks, vactor trucks or similar equipment when used for transportation purposes. Fork lifts over 6,000 lb. capacity, winch trucks, four axle combination units, and ticket writers.

3. Class 3. Two, three or four axle trucks hauling 16 ton or more. Drivers on water pulls, articulated dump trucks, mechanics and working forepersons, and dispatchers. Five axle or more combination units.

4. Class 4. Low Boy and Oil Distributors.

5. Class 5. Drivers who require special protective clothing while employed on hazardous waste work.

H. TRUCK DRIVER - OIL AND CHIP RESEALING ONLY.

1. This shall encompass laborers, workers and mechanics who drive contractor or subcontractor owned, leased, or hired pickup, dump, service, or oil distributor trucks. The work includes transporting materials and equipment (including but not limited to, oils, aggregate supplies, parts, machinery and tools) to or from the job site; distributing oil or liquid asphalt and aggregate; stock piling material when in connection with the actual oil and chip contract. The Truck Driver (Oil & Chip Resealing) wage classification does not include supplier delivered materials.

I. OPERATING ENGINEERS - BUILDING

1. CLASS 1. Asphalt Screed Man; Aspco Concrete Spreaders; Asphalt Pavers; Asphalt Plant

Engineer; Asphalt Rollers on Bituminous Concrete; Athey Loaders; Backfillers, Crane Type; Backhoes; Barber Green Loaders; Bulldozers; Cableways; Cherry Pickers; Clam Shells; C.M.I. & similar type autograde formless paver, autograde placer & finisher;

Concrete Breakers; Concrete Pumps; Derricks; Derrick Boats; Draglines; Earth Auger or Boring Machines; Elevating Graders; Engineers on Dredges; Gravel Processing Machines;

Head Equipment Greaser; High Lifts or Fork Lifts; Hoists with two or more drums or two or more load lines; Locomotives, All; Mechanics; Motor Graders or Auto Patrols; Operators or Leverman on Dredges; Operators, Power Boat; Operators, Pug Mill (Asphalt Plants);

Orange Peels; Overhead Cranes; Paving Mixers; Piledrivers; Pipe Wrapping and Painting Machines; Pushdozers, or Push Cats; Robotic Controlled Equipment in this Classification;

Rock Crushers; Ross Carrier or Similar Machines; Rotomill; Scoops, Skimmer, two cu. yd.

capacity and under; Scoops, All or Tournapull; Sheep-Foot Roller (Self Propelled);

Shovels; Skid Steer; Skimmer Scoops; Temporary Concrete Plant Operators; Test Hole Drilling Machines; Tower Machines; Tower Mixers; Track Type End Loaders; Track Type Fork Lifts or High Lifts; Track Jacks and Tampers; Tractors, Sideboom; Trenching or Ditching Machine; Tunnelluggers; Vermeer Type Saws; Water Blaster Cutting Head;

Wheel Type End Loaders; Winch Cat.

2. CLASS 2. Air Compressors (six to eight)*; Asphalt Boosters and Heaters; Asphalt Distributors; Asphalt Plant Fireman; Oiler on Two Paving Mixers When Used in Tandem;

Boom or Winch Trucks; Bull Floats or Flexplanes; Concrete Finishing Machine; Concrete Saws, Self-Propelled; Concrete Spreading Machines; Conveyors (six to eight)*;

Generators (six to eight)*; Gravel or Stone Spreader, Power Operated; Hoist (with One Drum and One Load Line); Light Plants (six to eight)*; Mechanical Heaters (six to eight)*;

00 43 43 - 5 PREVAILING WAGE ACT

Mud Jacks; Post Hole Digger, Mechanical; Pug Mills when used for other than Asphalt operation; Robotic Controlled Equipment in this Classification; Road or Street Sweeper, Self Propelled; Rollers (except bituminous concrete); Seaman Tiller; Straw Machine;

Vibratory Compactor; Water Blaster, Power Unit; Welding Machines (six to eight)*; Well Drill Machines.

3. CLASS 3. Air Compressors(one to five)*; Air Compressors, Track or Self-Propelled;

Automatic Hoist; Building Elevators; Bulk Cement Batching Plants; Conveyors (one to five)*; Concrete Mixers (Except

4. Plant, Paver, or Tower); Firemen; Generators (one to five)*; Greasers; Helper on Single Paving Mixer; Hoist, Automatic; Light Plants (one to five)*; Mechanic Helpers; Mechanical Heaters (one to five)*; Oilers; Power Form Graders; Power Sub-Graders; Robotic Controlled Equipment in this Classification; Scissors Hoist; Tractors without power attachments regardless of size or type; Truck Crane Oiler and Driver (1 man); Vibratory Hammer (power source); Water Pumps (one to five)*; Welding Machines (1/300 Amp. or over)*; Welding machines (one to five)*

5. CLASS 4. Lattice Boom Crawler Cranes; Lattice Boom Truck Cranes; Telescopic Truck-Mounted Cranes; Tower Cranes.

* Combinations of one to eight of any Air Compressors, Conveyors, Welding Machines, Water Pumps, Light Plants, or Generators shall be in batteries or within 400 feet and shall be paid as per the Classification Schedule contained in this Article.

J. OPERATING ENGINEERS - HIGHWAY

1. CLASS 1. Asphalt Screed Man; Asphco Concrete Spreaders; Asphalt Pavers; Asphalt

Plant Engineer; Asphalt Rollers on Bituminous Concrete; Athey Loaders; Backhoes;

Barber Green Loaders; Bulldozers; Cableways; Carry Deck Pickers; Cherry Pickers (Rough Terrain); C.M.I. & similar type-autograde formless paver, autograde placer & finisher; Concrete Breakers; Concrete Plant Operators; Concrete Pumps; Derricks; Derrick Boats; Dewatering Systems; Earth Auger or Boring Machines; Elevating Graders;

Engineers on Dredges; Gravel Processing Machines; Grout Pump; Head Equipment Greaser; High Lifts or Fork Lifts; Hoists with two or more drums or two or more load lines;

Hydro Jet or Hydro Laser; Locomotives, All; Mechanics; Motor Graders or Auto Patrols;

Multi-Point Power Lifting Equipment; Operators or Leverman on Dredges; Operators, Power Boat; Operators, Pug Mill (Asphalt Plants); Overhead Cranes; Paving Mixers;

Piledrivers; Pipe Wrapping and Painting Machines; Push-dozers, or Push Cats; Robotic Controlled Equipment in this Classification; Rock Crushers; Ross Carrier or Similar Machines; Roto-Mill; Scoops, Skimmer, two cu. yd. capacity and under; Sheep-Foot Roller (Self Pro-pelled); Shovels; Skid Steer; Skimmer Scoops; Test Hole Drilling Machines;

Tower Machines; Tower Mixers; Track Type End Loaders; Track Type Fork Lifts or High Lifts; Track Jacks and Tampers; Tractors, Side-boom; Trenching or Ditching Machine;

Tunnelluggers; Vermeer-Type Saws; Wheel Type End Loaders; Winch Cat; Scoops, All or Tournapull.

2. CLASS 2. Air Compressors (six to eight)*; Articulated Dumps; Asphalt Boosters and Heaters; Asphalt Distributors; Asphalt Plant Fireman; Boom or Winch Trucks; Building Elevators; Bull Floats or Flexplanes; Concrete Finishing Machine; Concrete Saws, Self-Propelled; Concrete Spreading Machines; Conveyors (six to eight)*; Generators (six to eight)*; Gravel or Stone Spreader, Power Operated; Hoist, Automatic; Hoist with One Drum and One Load Line; Light Plants (six to eight)*; Mechanical Heaters (six to eight)*;

Mud Jacks; Off Road Water Wagons; Oiler on Two Paving Mixers When Used in Tandem;

Post Hole Digger, Mechanical; Robotic Controlled Equipment in This Classification; Road or Street Sweeper, Self-Propelled; Rollers (except bituminous concrete); Scissor Hoist;

Sea-man Tiller; Straw Machine; Vibratory Compactor; Water Pumps (six to eight)*; Well Drill Machines.

3. CLASS 3. Air Compressors (one to five)*; Air Compressors, Track or Self-Propelled; Bulk Cement Batching Plants; Conveyors (one to five)*; Concrete Mixers (Except Plant, Paver, or Tower); Firemen; Generators (one to five)*; Greasers; Helper on Single Paving Mixer;

Light Plants (one to five)*; Mechanic Helpers; Mechanical Heaters (one to five)*; Oilers;

00 43 43 - 6 PREVAILING WAGE ACT

Power Form Graders; Power Sub-Graders; Pug Mills when used for other than Asphalt operation; Robotic Controlled Equipment in This Classification; Tractors without power attachments, regardless of size or type; Truck Crane Oiler and Driver (1 man); Vibratory Hammer (power source); Water Pumps (one to five)*; Welding Machines (one 300 Amp.

or over)*; Welding Machines (one to five)*.

4. CLASS 4. Lattice Boom Crawler Crane; Lattice Boom Truck Crane; Telescopic Truck-Mounted Crane; Tower Crane.

*Combinations of one to eight of any Air Compressors, Conveyors, Welding Machines, Water Pumps, Light Plants or Generators shall be in batteries or within 400 feet and shall be paid as per the Classification Schedule contained in this Article.

K. Other Classifications of Work:

1. For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 217-782-1710 for wage rates or clarifications.

L. LANDSCAPING

1. Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver.

23 05 93 - 1 TESTING, ADJUSTING, AND

BALANCING FOR HVAC

SECTION 23 05 93

TESTING, ADJUSTING, AND BALANCING FOR HVAC

PART 1 GENERAL

1.01 SECTION INCLUDES

A. Testing, adjustment, and balancing of air systems.

B. Testing, adjustment, and balancing of hydronic systems.

C. Measurement of final operating condition of HVAC systems.

1.02 REFERENCE STANDARDS

A. AABC (NSTSB) - AABC National Standards for Total System Balance, 7th Edition; 2016.

B. ASHRAE Std 110 - Methods of Testing Performance of Laboratory Fume Hoods; 2016.

C. ASHRAE Std 111 - Measurement, Testing, Adjusting, and Balancing of Building HVAC

Systems…