RFQ - Plumbing Services - B-53543 - Unsigned~3.pdf

STATE OF ILLINOIS

DEPARTMENT OF CORRECTIONS

REQUEST FOR QUOTE

Centralia Correctional Center – Plumbing Services

27-426DOC-CENTR-B-53543

State of Illinois Contract 1 v.25.4

The Centralia Correctional Center is seeking bids from a qualified and licensed vendor to provide plumbing services as needed. See the specifications in Section 1 of the attached contract. If you are interested in submitting a bid, complete the contract, and return this document via Bid Buy or email to the solicitation contact below. Bids must be submitted NO LATER THAN August 13, 2026 at 11:00 a.m.

Solicitation Contact: Kimberly Litteken Phone: 618-533-4111 x 2228

Facility: Centralia Correctional Center Fax: N/A

Street Address: 9330 Shattuc Road Email: Kimberly.Litteken@illinois.gov

City, State Zip: Centralia, IL 62801

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

State of Illinois Contract v.25.4

Illinois Department of Corrections

Contract

Centralia Correctional Center - Plumbing Services

27-426DOC-CENTR-B-53543

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: Centralia Correctional Center intends to establish a

7-Month service contract to allow the facility to procure professional and qualified plumbing repair, maintenance services, and parts on an as needed basis during the contract period.

1.2. SUPPLIES AND/OR SERVICES REQUIRED: Centralia Correctional Center is seeking bids from a responsible and reliable vendor to provide materials, equipment, and labor to make repairs, install parts/equipment, and perform maintenance on all components of the facility’s plumbing systems. This includes, but is not limited to hot water boilers, domestic water systems, and absorber units.

1.2.1. Vendor shall be responsible for the full performance of all specified services on the first official working day of the contract period.

1.2.2. Vendor shall be responsible for general and emergency service for repair, maintenance, parts and minor alterations to the plumbing systems, including, but not limited to:

A) Distribution Systems B) Equipment C) Equipment components

D) Fixtures

1.2.3. Upon the request of the facility, the Contractor shall furnish all labor, materials, tools, and equipment related to providing the plumbing services detailed within this contract.

1.2.4. Vendor shall be responsible for plumbing services to all buildings located throughout the facility, including, but limited to the buildings listed below:

• C2901 Dietary / Warehouse

• C2902 Vocational

• C2903 Academic

• C2904 Chapel

• C2905 Multi-Purpose

• C2906 Administration

• C2907 Gatehouse

• C2908 Healthcare

• C2909 Orientation

• C2910 Receiving

• C2911 Restrictive Housing

• C2912 Residential Unit South 2

• C2913 Residential Unit South 4

• C2914 Residential Unit South 3

• C2915 Residential Unit South 1

• C2916 Residential Unit East 2

• C2917 Residential Unit East 4

• C2918 Residential Unit East 5

• C2919 Residential Unit East 3

• C2920 Residential Unit East 1

• C2921 Residential Unit North 2

• C2922 Residential Unit North 4

• C2923 Residential Unit North 5

• C2924 Residential Unit North 3

• C2925 Residential Unit North 1

• C2926 Tower 1

• C2927 Tower 2

• C2928 Tower 3

• C2929 Tower 4

• C2930 Tower 5

• C2931 Tower 6

• C2932 Tower 7

• C2933 Sewer Plant

• C2934 State Garage

• C2935 Industries v.25.4

• C2936 Sallyport

• C2937 Pole Barn

• C2938 Range

• C2939 T.V/Radio Building

• C2940 Greenhouse

• C2941 South Yard Restroom

• C2942 North Yard Restroom

• C2943 Vacuum/Drying Building

• C2944 Generator Building

• C2947 Barscreen Building

1.2.5. Replacement parts and other materials used in repair and maintenance shall be sold at Vendor’s cost. The State may request Vendor to provide copies of material suppliers’ invoices to verify cost.

1.2.6. Vendor shall, if required or requested, furnish satisfactory evidence as to the kind and quality of materials.

1.2.7. Vendor shall report the existence of any defective equipment, controls, instruments and/or accessories which may require replacement or repairing.

This information shall be given to the Facility’s Chief Engineer or designee, in writing, and include the following information:

• Defective item(s)

• Location of defective item(s)

• Nature of defect and impact on system operations

• Detailed breakdown of material and labor cost for repair/replacement

1.2.8. If authorized by the Chief Engineer or designee, the replacement shall be made at once. If the replacement item is not in stock, Vendor shall order it at once and make the repair(s) as soon as possible. Replacement parts may be new or reconditioned, at the discretion of the facility’s designee.

1.2.9. Vendor shall provide emergency services in the event of a malfunction by any/all of the facility’s systems referred to in this contract. Vendor shall provide emergency repair service within two (2) hours of receiving a request from the facility. Failure to comply with this timeframe may be grounds for contract cancellation.

1.2.10. Vendor shall provide emergency service call work as requested by the Chief

Engineer or his designee. All emergency work shall be completed without interruption, regardless of normal scheduled working hours, Sundays, or holidays.

1.2.11. Call-Back service shall be provided by the Vendor as part of the contract at no additional cost.

1.2.12. Vendor shall notify facility’s Chief Engineer or designee if/when any parts, materials, and/or equipment needed to perform the services outlined in this contract are out of stock or unavailable. Vendor shall notify the Chief Engineer within 48 hours of Vendor’s on-site evaluation due to facility’s service call and provide a detailed explanation of the expanded timetable.

1.2.13. Vendor shall advise the facility Chief Engineer and/or designee when further repair of the system or part(s) would not be feasible or would constitute a complete overhaul of the system.

1.2.14. Centralia Correctional Center may add, delete, or change buildings and/or equipment referred to in this contract with similar buildings and/or equipment, without a formal contract amendment. Buildings and/or equipment shall be determined to be of a similar make and/or model by the Vendor and facility’s Chief Engineer jointly.

1.2.15. Time and Materials:

• A written estimate and/or proposal will be required on any repairs, replacements and/or work exceeding $500.00.

• Estimates and proposals will be in writing with description of work to be performed and detailed breakdown of material, labor and other costs, and will be priced as per the contract

• If said work is authorized by Facility Manager or designee, then work shall be performed on a time and material basis, not to exceed the estimate or proposal.

• The State reserves the right to obtain additional estimates and/or proposals to verify quoted costs.

• All work, material, parts, etc. shall be guaranteed for one year to be free of defects. Defective items shall be replaced during the first year of operation without cost (including labor cost) to the State.

• Vendor shall promptly remove from the premises all material condemned by the State 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 State.

v.25.4

The State will not pay for ‘call‐backs’ to redo the original job, repair and/or maintenance.

• Vendor shall be required to perform said services with its own employees and maintain, or have the source to obtain, adequate personnel to fulfill the contract requirements. There will be no subcontracting of labor.

• Vendor and its employees shall report to and sign in and out with the Facility Manager or 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.

• At the completion of each job the Vendor’s employee(s) shall report to the Facility Manager, Engineer, or designee for approval of the work.

1.3. MILESTONES AND DELIVERABLES:

1.3.1. Vendor shall begin work within five (5) days of execution of contract, unless another timeframe is agreed upon between Vendor and Chief Engineer or designee.

1.3.2. Upon execution of contract, Vendor shall provide names and telephone numbers of a minimum of two (2) employees who can be contacted in the event of an emergency after normal working hours. These employees must be available to meet the two (2) hour emergency response time.

Name: ______________________ Phone number: __________________

Name: ______________________ Phone Number: __________________

1.3.3. At the completion of each job, the Vendor’s employee shall report to the facility’s Chief Engineer for inspection and final approval of the work.

1.3.4. Before payment is made, work shall be completed in every respect to the meaning and intent of this contract and specifications; shall have been subjected to such tests as are applicable for their trade that would effectively disclose any defects from the intended results; and meet with approval of the Department.

v.25.4

1.3.5. 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.

1.3.6. Response time for routine work and/or repairs and service will be within eight (8) hours after receipt of call from the Facility’s designee. All routine work and/or repairs shall be completed during normal working hours or as may be determined and/or scheduled by the facility’s Chief Engineer or

1.3.7. Vendor response time for emergency work and/or repairs and service shall be within two (2) hours of receipt of call from Facility’s designee, regardless of day and/or time of notification.

1.3.8. Vendor shall maintain records of all work, maintenance and repairs provided under this contract and shall furnish copies of same to the Facility upon request.

1.3.9. The State shall always have access to the work, wherever it is in preparation or progress, and the Vendor shall provide for such access and inspection.

1.3.10. Vendor’s per hour labor rate shall include:

A.) Prevailing basic wage rate in the county where the work will be performed B.) Hourly cash wages for fringe benefits (Health & Welfare, pension or others) C.) All employer expenses for FICA, Workmen’s Compensation, Liability

Insurance, Unemployment Insurance, or any other city, state, or federal requirements regarding employees

D.) All costs and expenses for trucks, vehicles, tools, and equipment associated with trade

E.) Travel F.) Material pick‐up and delivery G.) Estimates H.) Call‐backs I.) Supervision and administrative J.) Overhead and profit

1.4. VENDOR/STAFF SPECIFICATIONS:

1.4.1. The Facility Chief Engineer and the Vendor shall coordinate all scheduled work with minimal interference to employees and individuals in custody. All v.25.4 repairs shall be discussed with and approved by the Chief Engineer before Vendor performs said service work.

1.4.2. All planned, routine service work under this Contract shall be performed during normal workdays, which are Monday through Friday, less holidays, between 7:30 a.m. and 4:00 p.m.

1.4.3. The Vendor shall send only one serviceman to perform service work, unless additional servicemen are pre-approved by the Chief Engineer. All work performed shall be rendered in the presence of the Chief Engineer or his

1.4.4. The Vendor shall indicate the time and date of arrival at the work location on a Department of Corrections Form DOC-0134. The Vendor shall sign in upon arrival at and sign out prior to leaving the work location. This shall be the basis for hours worked. Travel time and expenses are not reimbursable. The Vendor shall not be compensated for any time off institutional grounds. The sign-in/sign-out must be done in the presence of the Chief Engineer or designee.

1.4.5. Employees of Vendor shall wear temporary I.D. while on premises.

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

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

1.4.8. Unattended vehicles must always be locked and at no time shall any vehicle be left unattended with the motor running or the key in the ignition.

1.4.9. Invoices shall be submitted to the Centralia Correctional Center Business

Office. Invoice shall be itemized, showing dates of service, location of service, and type of service rendered. The Chief Engineer and the Voucher v.25.4

Clerk in the Business Office must reconcile and approve all invoices, monthly payments, etc. before processing payment for the Vendor.

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

1.4.11. Employees and vehicles of Vendor will enter and exit through the Sally Port gate. (Vehicles are to be cleared prior to start of work.)

1.4.12. The Vendor shall provide a notarized affidavit and all appropriate Training

Certification(s) to the facility prior to the start of the contract to certify that they are qualified and able to provide the necessary properly trained work force, materials, tools, and test equipment to repair, maintain, inspect, and calibrate all components related to the facility’s plumbing systems.

1.4.13. Vendor shall be insured and able to provide evidence of insurance upon request of the State.

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

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

1.5. TRANSPORTATION AND DELIVERY:

1.5.1. Prices for services and equipment must be F.O.B. DESTINATION, with all transportation and handling included and paid by the Vendor.

v.25.4

1.5.2. Vendor shall be 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.

1.5.3. All deliveries shall be made to the Sally Port, between the hours of 7:30 a.m. and 2:30 p.m., Monday through Friday. Please note: Delivery hours are not consistent with working/service hours. These are the hours for the Sally Port deliveries only.

1.6. SUBCONTRACTING:

1.6.1. Subcontractors are not allowed.

1.6.2. Will subcontractors be utilized? Yes No

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: Centralia Correctional Center -

9330 Shattuc Road, Centralia, IL 62801

• 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 estimated.

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.

v.25.4

2.2.1. Vendors per hour labor rate shall include the highest prevailing basic wage rate within each region, fringe benefits (Health and Welfare, pension or others), all employer expenses for FICA, Workmen’s Compensation, Liability Insurance, Unemployment Insurance and any other city, State or federal requirements regarding employees. Per hour labor rate shall also include all cost and expenses for trucks and/or vehicles, tools and equipment associated with trade, travel, pick‐up and delivery of materials, estimating, call‐backs, supervision, administrative, overhead and profit.

2.2.2. Vendor’s material cost shall be a Unit Cost utilized to bill for the materials used in individual jobs.

2.2.3. Vendor shall charge their Basic Hourly Labor Rate for services performed Monday

– Friday, between the hours of 7:30 a.m. and 4:00 p.m., excluding Holidays.

2.2.4. Vendor shall charge their Overtime Hourly Labor Rate for services performed Monday – Friday, between the hours of 4:01 p.m. and 7:29 a.m., and services performed on Saturdays, Sundays, and/or Holidays.

2.2.5. Parts and Materials cost should be entered as a dollar amount, and will be used as a billing mechanism for the material costs associated with jobs. These line items are not a material part of the evaluation process, and the bidder should enter the following amounts in the Unit Cost field of the associated line items when submitting their bid.

These amounts are estimates of usage and not guaranteed.

Line Item “5” – Parts and Materials at cost for term of contract - Enter: $20,000.

2.2.6. Vendor shall charge no more than one service call fee per day, regardless of the number of projects performed while on-site.

2.2.7. Vendor shall only charge the Emergency Service Call fee in lieu of the regular service call fee when deemed emergent by the Chief Engineer or facility designee. In addition, Vendor shall only charge the Emergency Service Call fee if response time meets the 2-hour requirement.

2.3. 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. TERM:

3.1.1. TERM OF THIS CONTRACT: The contract will have an initial term commencing on 08/29/2026 and ending on 03/31/2027.

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

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. 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 v.25.4 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.

https://labor.illinois.gov/

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: Centralia Correctional Center

Attn: Business Office

Address: 9330 Shattuc Road

City, State Zip Centralia, IL 62801

E-mail DOC.Centralia.BusinessOffice@illinois.gov

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 v.25.4 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 v.25.4 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 disclosing Party; now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or that is independently developed by the receiving Party without the use or benefit of the disclosing Party’s confidential information.

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 v.25.4 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.

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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 http://www.ilga.gov/legislation/ilcs/ilcs.asp v.25.4 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.

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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.

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

Agency Specific Terms and Conditions

Other (describe)

6. ATTACHMENTS

6.1. Standard Terms and Conditions

6.2. Standard Illinois Certifications

6.3. Contract

6.4. BidBuy Purchase Order

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Illinois Department of Corrections

Centralia Correctional Center – Plumbing Services

27-426DOC-CENTR-B-53543

VENDOR

Vendor Name: Address (City/State/Zip):

Phone:

Printed Name: Email:

Title: Date:

Signature:

STATE OF ILLINOIS

Purchasing Agency: Illinois Department of Corrections Phone: 618-533-4111

Street Address: 9330 Shattuc Rd. Email: DOC.Centralia.BusinessOffice@illinois.gov

City, State ZIP: Centralia, IL 62215

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:

v.25.4

AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS

• Agency Reference #: S5427003 / P-

• Project Title: Centralia Correctional Center – Plumbing Services

• Contract #: 27-426DOC-CENTR-P-

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

• BidBuy / Bulletin Reference #: 27-426DOC-CENTR-B-53543

• BidBuy / Bulletin Publication Date:

• Award Code: C

• Subcontractor Utilization? Yes No Subcontractor Disclosure? Yes No

• Funding Source: GRF

• Obligation #:

• Small Business Set-Aside? Yes No Percentage:

• Minority Owned Business? Yes No Percentage:

• Women Owned Business? Yes No Percentage:

• Persons with Disabilities Owned Business? Yes No Percentage:

• Veteran Owned Small Business? Yes No Percentage:

• Other Preferences?

STATE OF ILLINOIS

TAXPAYER IDENTIFICATION NUMBER

State of Illinois Contract v.25.4

I certify that:

The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and

I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and I am a U.S. person (including a U.S. resident alien).

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

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

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

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

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

Name:

Business Name:

Taxpayer Identification Number:

Social Security Number:

or

Employer Identification Number:

Legal Status (check one):

Individual Governmental

Sole Proprietor Nonresident alien Partnership Estate or trust

Legal Services Corporation Pharmacy (Non-Corp.)

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

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

Signature of Authorized Representative:

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PREVAILING WAGE CERTIFICATION

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

The Department publishes the prevailing wage rates on its website at http://www.state.il.us/agency/idol/rates/rates.HTM. The Department revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Department’s web site for revisions to prevailing wage rates.

For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website. All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage requirements and notice and record keeping duties.

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

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

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

Certifying…