IFB #1349PP - procure.stateuniv.state.il.us

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INVITATION FOR BIDS On behalf of Chicago State University we invite your firm to submit a bid for:
IFB #1349PP
CSU NEW BASEBALL PARK
MANDATORY PRE-BID CONFERENCE DATE: Tuesday, September 11, 2012 10:00 A.M. The meeting will take place in the Physical Plant Building Room 107
Sealed bids will be received at:
Chicago State University Purchasing Office – Cook Adm Bldg- Rm 208
9501 S. King Drive Chicago, Illinois 60628-1598
Until 11:00 AM CST, on or before Thursday, September 20, 2012
The Bid Opening will be on Thursday, September 20, 2012 @ 11:30 AM CST in the
Physical Plant Building Room 107
Bidder’s bid will be rejected if the followings forms: Disclosures of Financial Interests and Potential Conflicts of Interests Form and the State Board of Elections
Certification Form are not completed and returned with Bidder’s Bid. Please note that no bid will be accepted or reviewed without submission of a completed prequalification form. Technical Questions regarding bid documents should be emailed by Friday, September 14, 2012 to:
Janielle Graham [email protected] Questions regarding bid procedures should be directed to:
Janielle Graham Director of Purchases Phone: 773-995-2424 Fax: 773-995-4492 [email protected]
IFB#1349PP Chicago State University New Baseball Park
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On behalf of Chicago State University we invite your firm to submit a bid for: Title: CSU New Baseball Park
Project Description:
The project includes, but is not limited to: mobilization, site preparation, earthwork, concrete pavement, storm sewer, chain link fence, synthetic turf, masonry dugouts, bleachers, game operations booth, scoreboard, landscape restoration and lighting. Project will be constructed under a single, general contract. Sealed bids for this project will be received in the Purchasing Office, Chicago State University, 9501 South King Drive, Cook Administration Building Room 208, Chicago, Illinois 60628 until 11:00 AM CDT on Thursday, September 20, 2012. The public opening and reading of bids is for informational purposes only and is not to be construed as acceptance or rejection of any of the bid submitted. Bid awards will be posted on the Higher Education Procurement Bulletin at www.procure.stateuniv.state.il.us.
The Information for Bidders includes the following sections:
I. Instructions to Bidders II. General Conditions III. Special Conditions IV. Chicago State University Bid Form – Bidder’s must complete and submit the Chicago State
University Lump Sum Bid Form along with the Trade Bid Breakdown Bid Form included in the Bid Documents. Any references and requirements regarding the “Bid Form” contained in this Information for Bidders document or otherwise found in the Bid Documents applies to both this Chicago State University Bid Form and the Trade Bid Breakdown Bid Form included in the Bid Documents.
V. No Reply Bid Form. VI. Disclosures of Financial Interests and Potential Conflicts of Interests Form – Bidders will
be rejected if this form is not completed and returned with the Bidder’s Bid. VII. Chicago State University Sample Contract VIII. State Board of Elections Certification – Bidders will be rejected if this certification is not
completed and returned with the Bidder’s Bid. The information contained in this Information for Bidders may also be contained in other sections of the Bid Documents. The intent of the Bid Documents is to provide all items necessary for the submission of a complete bid and for the proper execution and completion of the work by the Contractor. The Bid Documents are analogous. In the event of any conflicting requirements, the more stringent will apply as determined in the sole opinion of Chicago State University. I. INSTRUCTIONS FOR BIDDERS
The Chicago State University will receive sealed bids on Thursday, September 20, 2012 for CSU New Baseball Park. This IFB and any subsequent contract shall be governed by the laws and rules of the State of Illinois which are incorporated by reference, Illinois Procurement Code 30 ILCS 500/ and is in accordance with the Procurement Rules of the Chief Procurement Officer of Public Institutions of Higher Education.
1. Bid Documents & Prequalification
a. Invitation for Bid - The following documents will be supplied and are to be considered the "Bid Documents."
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1. Trade Breakdown Bid Form 2. Scope of Work 3. Prequalification Form 4. Contractor Manual
a. Information for Bidders b. CSU Lump Sum Bid Form c. General Conditions d. Special Conditions e. No Bid Reply Form f. Disclosures of Financial Interests and Potential Conflicts of Interests Form g. Prequalification with Department of Human Rights h. Substitution of Materials Form i. FBE/MBE/DBE Disclosure Form
5. Project Drawings 6. Project Specifications 7. All addenda and written and graphic instruments issued by the Architect prior to receipt of
bids which modify or interpret the bid documents by additions, deletions, clarifications or corrections.
8. All definitions set forth in the General and Supplementary Conditions or in other Contract Documents are applicable to the Bid Documents.
9. Disclosures of Financial Interests and Potential Conflicts of Interests Form
Bid Document Sources: Bid documents are available by contacting Best Imaging Solutions 20 East Randolph, Chicago, IL 60601 and telephone (312) 357-9050. The cost of Drawings and Contractor Manuals purchased from Best Imaging Solutions is non- refundable.
b. Pre Qualification 1. Trade Contractors are requested to submit their prequalification form with their bid.
Please note that no bid will be accepted or reviewed without submission of a completed prequalification form.
2. Prequalification forms can be obtained by contacting Best Imaging Solutions 20 East Randolph, Chicago, Il 60601 and telephone (312) 357-9050. Prequalification forms will be accepted at Chicago State University, with the Bid Package, 9501 S. King Drive, Cook Administration - Room 208, Chicago, IL 60628-1598.
2. Delivery of Bids
a. All Bids must be submitted on the Bid Forms included in the Bid Documents and must be COMPLETED IN FULL – INCOMPLETE BIDS WILL BE DISQUALIFIED. Bids must be returned in an envelope properly identified to:
Chicago State University Attn: Janielle Graham, Director of Purchases Cook Administration Building, Room 208 9501 South King Drive Chicago, IL 60628-1598 Title: IFB#1349PP- Chicago State University New Baseball Park
b. Any bids received after the above time and date stated will be discarded. c. Bidders shall be responsible for the actual delivery of bids during business hours (8:30 a.m. -
5:00 p.m. Monday - Friday) to the above address. Bids may either be delivered by hand or sent through U.S. Mail or other courier services available to the address shown above. In either event, Bidders remain responsible for insuring that bids are actually received at the time, date, place, and office required. The University assumes no responsibility for any bid not so received,
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regardless of whether the delay is caused by the U.S. Postal Service, the University Mail Delivery System, or some other act or circumstance. No bids received after the time specified in the bid information will be considered. All bids received after the specified time will be discarded.
d. If you intend to use an express delivery service, it is recommended that you stress the need to deliver your package to the building and office designated and not to the University Mail Service or Central Receiving facilities. Packages delivered by express services to other locations might not be re-delivered in time to be considered.
3. Submission of Bids
a. Submit one (1) original completed and signed bid and four (4) additional copies. When submitting your sealed formal bid, please return in an envelope substantially similar to this sample. Mark with the title of the bid, bid number, date, and time of bid opening. Deliver to the Purchasing Office on or before the time scheduled.
b. All correspondence shall be addressed to the attention of the Janielle Graham at CSU and titled IFB#1349PP, Chicago State University New Baseball Park.
4. Signing of Bids
a. Bids shall be submitted with all appropriate blank spaces completed. Incomplete bids will be automatically disqualified.
b. Numbers shall be stated both in writing and in figures. In case of any discrepancy in the lump sum amount, the amount as expressed in written words shall govern. The signatures shall be without interlineation, alteration, or erasure, unless initialed by the Bidder. Bids shall not contain any recapitulation of the work to be done.
c. All bids must be signed and the signature must be in ink. Bids completed in pencil will be rejected.
d. Bids, which are signed for partnerships, shall be signed in firm name by at least one partner or in firm name by attorney-in-fact. If signed by attorney-in-fact, there should be attached to the bid, a power of attorney evidencing authority to sign the bid, dated same day as bid, and executed by all partners.
e. Bids, which are signed for corporation, shall have corporate name thereon, and signature of authorized officer of corporation manually written below corporate name. Title of office held by the person signing for corporation shall appear below signature.
f. Bids, which are signed for individuals doing business under firm names, shall be signed in the name of the individual doing business under the firm name.
5. Bidder's Application Form
The Bidder’s Application Form may be completed, signed and returned with bid. The following link is
where you can download the Bidder’s Application Form. http://www.procure.stateuniv.state.il.us/
6. No Bid Reply Form If No Bid is submitted, please complete the enclosed No Bid Reply Form and return prior to the Bid
Due Date. 7. Prequalification with Department of Human Rights All Bidders must be prequalified with the State of Illinois Department of Human Rights (IDHR) Public
Contract Division. All IDHR numbers 89999-00-0 or lower expired on August 31, 1999. 8-digit identification number is requested on the Bid Form. Bidders, who are not prequalified, must complete Employer Report Form PC-1 and file with IDHR prior to the Bid Due Date. Download the
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Vendor form at the website http://www.state.il.us/cms/purchase/download/default.htm or contact IDHR at (312) 814-2431 to receive forms.
8. Firm Bid All bids will be considered to be firm for a period of ninety (90) days from the date established for the
receipt of the bids. 9. Rejection of Bids The Board of Trustees of Chicago State University reserves the right to reject any part or all bids and
to waive any informality in bids received whenever such rejection or waiver is in the interest of the Board.
10. Liaison Chicago State University will designate one of its employees as Liaison with the successful bidder.
Communications and coordination between the Contractor and Chicago State University on operations and related challenges will be through the Liaison.
11. Taxes and Fees All Bidders shall include in their bid prices and shall assume and pay all taxes, fees, and permits
applicable under the performance of this contract. The University is a State institution and is therefore not liable for Illinois Retailers Occupational Tax, the Service Occupation Tax (both state and local), the Use Tax and the Service Use Tax. A copy of CSU’s tax exempt form is included in this Contractor Manual.
12. Examination of Documents and Pre-Bid Meeting Conference / Site Visit
a. Each Bidder making a bid represents that: a. They have read and understand the bid documents and their bid is made in accordance
therewith; b. They have visited the site and have familiarized themselves with the local conditions
under which the work is to be performed; c. Their Bid is based upon the materials, systems, and equipment described in the Bid
Documents without exception. b. There is a mandatory Pre-Bid meeting which will be held at Chicago State University
(CSU) – Room O & M 107, 9501 S. King Drive, Chicago, IL on Tuesday, September 11, 2012 at 10:00 AM.
c. All prospective bidders are required to attend. All representatives must be in the room no
later than 10:15 AM and must stay for the entire meeting and site visit. If the contractor is late or leaves before the completion, the contractor will not be considered attending the pre-bid conference.
13. Requests for Information or Clarification
a. All questions about the Bid Documents shall be directed in writing by close of business September 14, 2012 to Janielle Graham CSU. All questions must be emailed to [email protected], titled/subject IFB#1349PP, Chicago State University New Baseball Park.
b. Questions and answers will be addressed in the form of an addendum and will be sent to all registered Illinois Public Higher Education Cooperative vendors in attendance at the mandatory pre-bid meeting. If contact of any kind occurs with any other representative, this will be grounds for disqualification.
c. Bidder shall not rely on any oral interpretation, clarification, or correction made by the Architect, Owner or authorized representative.
d. Acknowledgement of Addenda – Receipt of an addendum to the bidding documents by a Bidder must be acknowledged on Bid Form.
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14. Substitution of Materials a. The materials, systems and equipment described in the Bidding Documents establish a
standard of required function, dimension, appearance and quality to be met by any proposed substitution.
b. No substitution will be considered unless written request for consideration has been submitted by the Bidder and has been received by the Architect at least five working days prior to the date for receipt of bids. Each request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment, or work that incorporation of the substitution would required shall be included. The burden of proof of the merit of the proposed substitute is upon the Bidder. The Owner and Architect’s decision of approval or disapproval of a proposed substitution shall be final.
c. Requests for Substitution should be submitted using the form included in this Contractor Manual.
d. If the Owner approves any proposed substitution, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner.
15. Modification or Withdrawal of Bids
a. Any Bidder may withdraw or modify his bid at any time prior to the scheduled closing time for receipt of bids. Only facsimile, letters or other written requests for modifications or corrections of a previously submitted bid, which are addressed in the same manner as bid, and are received in the University Purchasing Office prior to the scheduled closing time for receipt of bids, will be accepted.
b. The bid will be corrected in accordance with such written request; provided that such written request is to be contained in a sealed envelope which is plainly marked "Modification of Bid on (as above)." Oral or telephonic modifications or corrections will not be recognized or considered. Requests for modifications or corrections of bids cannot be submitted after the scheduled closing time for receipt of bids.
c. Withdrawn bids may be resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these instructions to Bidders.
16. Errors and Omissions
All bids shall be submitted properly completed. The special attention of bidders is directed to the policy that no claim for relief because of errors and/or omissions in the bidding will be considered; and bidders shall immediately notify the University, in writing, and the University shall issue written instructions to be followed. The Bidder is responsible for the contents of its proposal and for satisfying the requirements set forth in the IFB.
17. Acknowledgment of Addenda Receipt of an addendum to the bidding documents by a Bidder must be acknowledged on Bid Form. 18. Investigation of Bidders The University will make such investigations as deemed necessary to determine the ability of the
Bidder to do the work, and the Bidder shall furnish all such information and data for this purpose as requested by the University. The Board reserves the right to reject any bid if the evidence submitted by or investigation of Bidder, fails to satisfy the Board that such Bidder is properly qualified to carry out the obligations of the contract and complete the work contemplated herein.
19. Cost for Bid Preparation The University is not liable for any cost incurred by a bidder in preparing or submitting a bid, or in
preparing the contract or for any finder’s fee, regardless of whether the University accepts a bid.
20. Opening of Bids
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All Proposals will be publicly opened, read and tabulated at Chicago State University at the address noted above. Noted errors, omissions and defects will be announced. Bids received after closing time will be discarded. The public opening and reading is for information only and is not construed as acceptance or rejection of any bid.
21. Commencement of Work – Terms and Renewals a. The successful vendor must not commence any billable work prior to the University’s
execution of the contract via a Purchase Order number. Work performed before final execution of the awarded contract and receipt of Purchase Order Number is done at vendor’s risk of nonpayment for such work.
b. The length of the CONTRACT, including any renewals, may not exceed that allowed by law, including 30 ILCS 500/20-60. When the term begins on execution that means the date of final execution by Chicago State University.
c. If the commencement of performance is delayed because the CONTRACT is not executed by CSU on the start date, CSU may change the start date, end date and milestones to reflect the delayed execution. No renewal may be effective automatically. No renewal may be effective solely at the Vendor’s option.
22. Award of Contract
a. The contract will be awarded to the lowest responsible and responsive bidder whose bid also meets the requirements and criteria set forth in the Invitation for Bid. CSU reserves the right to reject any or all bids, the right to waiver minor informalities in any bid, and the right to make award in the best interest of the Project.
b. Award will be determined upon combined total cost of the Base Bid Sum and such additive or deductive alternatives as the Owner elects to accept. This will be the Contract Sum.
23. Small and Community Based Firms The Board of Trustees encourages and directs Chicago State University, its Contractors and
Subcontractors to make every appropriate effort within the frame work of applicable state and federal laws and regulations to enable small and community based businesses to compete effectively with other vendors bidding for work, services, or materials to be furnished to the Board or the institution under its jurisdiction.
24. Board of Trustees at Chicago State University’s Goals for Contracting with Minorities,
Females and Persons with Disabilities
a. In support of the Business Enterprise for Minority, Female and Persons with Disabilities Act (MAFBE; 30 ILCS 575 et seq., as amended) the Board of Trustees at Chicago State University has established the following goals:
1. Goals:
i. 32% of its contracts to be awarded to Minority Business Enterprise. 18% - male owned minority vendors, 9% - female/ Caucasian owned, 3% - female owned and 2% - disabled business enterprises.
b. The University encourages minority, female and disabled business enterprises to compete for and participate in University contracts. The goals can be met by means of contracts let directly to minority, female and disabled business firms by the University, or indirectly by the Bidder’s ordering goods or services from minority, female and disabled firms when suppliers or Subcontractors are needed to fulfill the contract. Information about the Bidder’s MAFBE status must be included in the Bidder’s Application Form as a part of the submission. The Bidder, if awarded a contract, agrees to notify Chicago State University of changes to its status as a minority, female or disabled business enterprise immediately of the occurrence of such a change. The Bidder agrees to identify minority, female and disabled business firms providing the Bidder with goods or services in the fulfillment of the contract requirements, and
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further agrees to report, upon request by the University or Construction Manager, the dollar value of purchases made with these firms. Upon request, the University will provide a list of certified minority, female and disabled business firms that may be contacted to fulfill the requirements of this contract.
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25. Insurance Requirements
Contractor shall purchase and maintain Commercial General Liability Insurance on the "Occurrence" form, Business Auto Insurance, and Umbrella Liability Insurance in addition to Workers Compensation Insurance from insurance companies acceptable to Chicago State University (CSU), and shall furnish to CSU, or a designated representative of CSU, prior to the beginning of any work or the supplying of materials, a Certificate of Insurance giving evidence of all such insurance. All certificates of insurance must be accompanied by ISO forms CG 20 09 11 85 and CG 24 04 11 85. The Certificate of Insurance shall be for amounts of insurance indicated by this Insurance Requirements form, shall contain a 60 day cancellation notice or notice of material change clause, shall have the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives", stricken from the cancellation clause. Compliance with all other requirements of this Insurance Requirements form is mandatory. Cost, if any, for the foregoing must be included as part of your contract.
a. On the property side, the University will provide the Builder’s Risk coverage. However,
language should stipulate that the contractor is responsible for a $25,000 per occurrence deductible.
b. On the liability side, coverage shall be as follows: Commercial General Liability $5,000,000.00 Limits of Liability $1,000,000.00 Each Occurrence
$1,000,000.00 General Aggregate $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 Personal & Advertising Injury $ 100,000.00 Fire Legal Liability (any one fire) $ 10,000.00 Medical Expense (any one person)
Auto Liability $1,000,000.00 Each Accident Umbrella Liability $3,000,000.00 Each Occurrence Workers Compensation $1,000,000.00 Each Occurrence Employers Liability $1,000,000.00 Each Accident
$1,000,000.00 Disease Policy Limit $1,000,000.00 Disease Each Employee
c. Chicago State University, the Chicago State University Board of Trustees, the Architect and the Architect’s Consultants shall be named as additional insureds. A certificate of insurance will be required before award of contract. The certificate of insurance must include an endorsed policy page.
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25. Bond Information a. The Bidder represents and certifies that a surety company has agreed to issue Bonds
required by the Bid Documents for this work if this bid is accepted by CSU. Refer to Section 7, Insurance and Bond of this Contractor Manual for information regarding Bond Requirements.
b. The Surety Bond language is as follows:
As Principal, and ________ a corporation of the State of ________ as Surety, are held and firm bound unto the State of Illinois, acting by and through the Chicago State University, 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, heirs, executors, administrators, successors and assigns, jointly and severally, to this agreement.
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II. GENERAL CONDITIONS
1. Contractors Status The contractor is an independent contractor and in providing services hereunder shall not be deemed to be the agent of the University. All persons performing work hereunder for the contractor shall be employees or subcontractors of the contractor, not of the University. All work performed by such persons shall be under the control and supervision of the contractor not the University. The contractor shall be fully responsible to the University for the acts and omissions of his sub-contractors, and of the persons either directly or indirectly employed by them, as he is for the acts and omissions of his subcontractors, and of the persons either directly or indirectly employed by the contractor.
2. Compliance with Laws, Regulations and Labor and Employment Provisions Contractors signature shall be construed as acceptance of and willingness of Contractor to comply with all laws, statutes, regulations, ordinances, rulings, or enactments of any governmental authority that are applicable to the work or which in any way pertain to the project including, without limiting the foregoing thereto, the following State of Illinois statutes: a. (preference to Illinois residents) b. (veteran’ preference) c. (non-discrimination) d. (Human Rights Act) e. (health and safety) f. “An ACT regulating wages of laborers, mechanics and other workmen employees in any
public works by the State, county, city or any public body or any political subdivision or by anyone under contract for public work,” approved June 26, 1941, Laws of Illinois 1941, Vol. 1. Page 730, as amended (III. Rev. Stat. 1987, Chap. 48, Sections 39s-1 through 39s-12, both inclusive). This ACT requires that wages not less than the general prevailing rate of hourly wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of hourly wages for legal holiday and overtime work in that locality shall be paid to all laborers, workmen and mechanics employed on the work and that contractors include in all contractors’ bonds such provisions as will guarantee the faithful performance of such prevailing rate requirements. The prevailing rate of wages specified by the Department of Labor at the time of issuance of these general conditions is set forth in Exhibit A, attached hereto and incorporated by reference herein. If the Department of Labor revises the prevailing rate of wages, the revised rate shall apply to all contracts issued pursuant to these general conditions. It is further required by the ACT and by these General Conditions that the Contractor and each of his subcontractors shall keep an accurate record showing the names and occupation of all laborers, workmen and mechanics employed by them in connection with the work. Showing also the actual hourly wages paid to each of such workers, which record shall be open at all reasonable hours to the inspection of the Owner, its officers and agents and to the Director of the Department of Labor of the State of Illinois and his deputies and agents. (Ill. Rev. Stat. 1987, Chapter 48, Section 39s-2. Amended by P.A. 83-443 Para. 1, effective January 1, 1984). “Prevailing rate of wages” means the hourly cash wages, plus fringe benefits for health and welfare, insurance, Vacations and pensions paid generally, in the locality in which the work is being performed, to employees engaged in work of similar character.
The above explanations of these ACTS are much condensed and not intended to be a complete detailed account of all duties imposed thereby, and hence by this article of the General Conditions, upon the Contractor agrees to, and shall comply with all of the provisions of the above ACTS, whether herein set forth or not, as well as with the provisions of all other applicable legislation and regulations promulgated there under, and especially agrees to keep the records described in (f) and pay the prevailing rate of hourly wages as required.”
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3. Warranty The Vendor expressly warrants that all goods and services covered by their bid will conform to each and every specification, drawing, sample and/or other description, which is furnished, and that it will be fit and sufficient for the purpose intended and free from defects.
4. Patent Infringement Vendor agrees to indemnify University and hold it harmless from and against all liability, loss, damage and expense, including reasonable counsel fees, resulting from any actual or claimed trademark, patent, or copyright infringement, or any litigation based thereon, with respect to any part of goods and/or payment therefore by the University.
5. Sellers Responsibility in Transit Title to and risk of loss and damage to all items shall remain in effect and be the responsibility of the Vendor until final delivery, installation and acceptance by the University for the Board unless otherwise stated herein. All shipments to be F.O.B. Delivered unless otherwise stated herein.
6. University – Right of Acceptance The contractor whose bid is accepted will be notified at the earliest practical date. The University however, reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection and/or waiver are considered in the best interest of the University. a. The University also reserves the right to reject any bid or contractor who in the best judgment
of the University: i. has previously failed to perform properly, or ii. has failed to complete contracts of similar nature, or iii. is not in a position to perform the work required, or iv. Had habitually and without just cause, neglected the payment of bill or otherwise
disregarded his obligations to subcontractors, material men and/or employees.
7. Packaging The University will not be liable for any drayage, packing, cartage, boxing, crating, storage, or handling charges in excess of the order.
8. Toxic Substance Clause All Bidders agree to take appropriate actions to identify any products, substance, etc., included within this Bid specification which is considered to be a toxic substance under the Illinois Toxic Substance Act and to provide OSHA Form 20 Material Data sheets (or the equivalent) with respect thereto. All Bidders further agree to properly label any product, substance, etc., so identified in accordance with the Illinois Toxic Substance Act.
9. Brand Names Any brand names mentioned in the bidding documents are used for the purpose of describing the standard of quality, performance and characteristics desired and are not intended to limit or restrict competition. Any substitution to the items as specified must be an equal. “Or equal” submissions will not be rejected due to minor differences in design, construction or features which do not affect the suitability of the product for its intended use. The burden of proof that the product is equal rests with the Bidder. Bidder may propose substitutions with their bid by listing the product substitution(s) in the Bid Form. The University will recommend approval or rejection prior to award of contract. Bidders offering substitutions must furnish at the time of the bid opening complete descriptions and/or sample of the products.
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III. SPECIAL CONDITIONS
1. Indemnification The Bidder shall indemnify and hold harmless CSU and its members representatives, officers, agents and employees from and against any and all claims, demands, suits, loss, damage, injuries, and liability, including attorneys' fees, costs and expenses incurred in connection therewith, however caused, resulting from, arising out of, or in any connected with the performance of the contract hereunder, or any renewal or extension thereof, whether or not caused or contributed to by, or on account of any acts or omissions on the part of the Vendor or any Subcontractors or any of their respective agents, servants or employees or any negligence or alleged negligence on the part of CSU, its members, representatives, officers, agents or employees.
2. Prevailing Wage Requirement
In accordance with the Illinois Procurement Code (30 ILCS 500/25-60), Bidder certifies that employees involved in printing (regardless of cost) or for service contracts of $2,000 or more or $200 or more receives the prevailing wage rate and is working under conditions prevalent in the locality where printing is taking place. Services include janitorial cleaning services, window cleaning services, food services, and security services. Bidders interested in submitting a bid for such projects must contact the Illinois Department of Labor for the current prevailing wage rate. http://www.state.il.us/agency/idol/rates/rates.HTM
3. Construction Start up Contractors who are awarded work must inform David D. Johnson of Chicago State University at 773-995-2493 prior to coming on site to begin work. CSU will host an informative kick off meeting prior to the commencement of the work at which time commencement of work will be determined.
4. Staging/Construction Work Area
a. Staging areas must be properly fenced off prior to contractor parking or storing materials within staging area.
b. Guidelines for staging areas must be followed. Materials and tools must be stored and secured. There may be small children on the campus take caution.
c. Salvaged items shall be moved to a storage area as designated by CSU.
5. Day(s)/Hour(s) of allowed Construction Operation a. Days available for construction: Monday through Friday. Holiday/Saturday/Sunday as needed
however no additional compensation will be made for premium time. b. Hours of available construction operation are 6 am -midnight. Abatement 6pm-8am, waste
out after 10pm. c. Please note that the floors will be occupied. There are day and evening classes as well as
Saturday and summer programs on campus. d. Contractors should follow sections of the project manual regarding temporary utilities, use of
existing facilities, security and access roads, parking areas and parking control.
6. Parking/Security a. The CSU campus is patrolled by State Police who have the authority to make arrest and
issue tickets. b. All workers must be identified, bearing a tag with the contractor’s name. c. A specific number of Parking Entry Decals will be provided to the contractor, the decals must
be signed out. Lost decals will not be replaced. Contractor is responsible for all decals throughout the job. Final acceptance and payment will not be given without all your numbered decal’s returned.
d. Vehicles must have decals visible at all times. Vehicles not bearing decals are subject to parking fees. Unmarked Vehicles not bearing parking decals are subject to parking fees
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which are currently $5.00 per entry or may purchase a CSU parking permit available via the parking department.
e. Vehicles parked in unauthorized spaces (to include but not limited to ADA and Reserved) are subject to towing and fines even with Decals.
f. While there are several other construction access points for other projects, your access to campus is off of 95
th and St. Lawrence. Large delivery trucks must arrange access to
campus via King Drive entry. Semi-trucks are not to be driven on campus due to the tunnel system (a copy of the location of the tunnel system is available upon request).
7. Other
a. Contractors shall have no contact with faculty or students (unless expressly related to momentary emergency, related to safety and welfare).
b. Contractor’s personnel are not permitted to use reserved parking and gym. c. Contractor shall not take photos. Photos are to be coordinated with the consultants. d. Contractor shall give 48 hour notice for all needed shut downs of utilities.
8. Buildings Access a. Do not block road ways, exits and means of egress, into or out of buildings. b. Do not prop open doors. If access is needed after 5pm contact campus police at
773.995.2111. c. In the case of emergency call campus police and David D. Johnson at 773.995.2493.. d. Contractor shall be responsible to secure the work area as to not allow people to access the
work site or material storage areas. e. If applicable, one elevator key will be provided to the contractor the key must be signed out.
Additional keys will not be given. Contractor is responsible for the key throughout the job. Final acceptance and payment will not be given without key’s return.
9. Contact for additional information
a. Questions regarding bid procedures should be directed to Janielle Graham, Director of Purchases, E-mail: [email protected], Subject line: IFB#1349PP, Chicago State University New Baseball Park.
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IV. Chicago State University Lump Sum Bid Form
A. Scope of Services to Be Provided Chicago State University, requests that all trade contractors submit their qualifications and bid for the New Baseball Field for Chicago State University. For detail scopes of work refer to Contractor Manual, Project Manual and Drawings.
The following trade packages will be issued for bid (circle trade for which Contractors bid is being submitted):
General
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B. Lump Sum Bid Form
The undersigned, being familiar with the Bidding documents, including the laws and rules of the State of Illinois which are incorporated by reference, Illinois Procurement Code 30 ILCS 500/ and is in accordance with the Procurement Rules of the Chief Procurement Officer of Public Institutions of Higher Education, hereby agrees to provide the items required under the specifications in strict accordance with all Bidding documents at the prices listed below:
BASE BID PRICE:
As required by this document the following must be attached:
Business Enterprise for Minorities, Females, and Persons with Disabilities Participation
References (Three)
Disclosures of Financial Interests and Potential Conflicts of Interest (Prime and Sub-contractors)
State Board of Election Certificate
Prequalification Form
Bidder’s Application Form
Surety Bond Note: A certificate of insurance will be required before award of contract. The certificate of insurance must include an endorsed policy page. The following ADDENDA are hereby acknowledged as received and incorporated herein:
ADDENDUM NO. DATE RECEIVED
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The following certifications by the Contractor are required by Illinois statutes:
A. Conflict of Interest: Contractor certifies that no State of Illinois employee is entitled to more than seven
& one half percent (7½%), or together with a spouse or minor child more than fifteen percent (15%), of the total distributable income of Contractor (30 ILCS 500/50-13).
B. Bribery: Contractor certifies that Contractor has not committed bribery or attempted bribery of an officer or employee of the State of Illinois. (30 ILCS 500/50-5).
C. State Board of Elections Registration (P.A. 95-971)). By acceptance of this award, the Contractor certifies that either (1) it is not required to register as a business entity with the State Board of Elections pursuant to Section 20-160 of the Procurement Code (30 ILCS 500/20-160); or (2) (a) it has registered as a business entity with the State Board of Elections, (b) it has submitted a copy of the Certificate of Registration to the Chief Procurement Officer for Higher Education as specified at the Illinois Public Higher Education Procurement Bulletin website (http://www.procure.stateuniv.state.il.us), and (c) it acknowledges a continuing duty to update the registration. Any contracts entered into with Contractor by the Owner are voidable under the Procurement Code if Contractor fails to comply with the requirements of Section 20-160.
D. Sarbanes-Oxley: Contractor certifies that neither their business nor any officer, director, partner, or other managerial agent of the business has been convicted of a felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953 for a period of five years prior to the date of the bid or contract. Contractor acknowledges that the Owner shall declare the contract void if the certification completed pursuant to this subsection is false. If a business is not a natural person, the prohibition applies only if: (1)t he business itself is convicted of a felony and (2) the business is ordered to pay punitive damages based on the conduct of any officer, director, partner, or other managerial agent who has been convicted of a felony (30 ILCS 500/50-10.5).
E. Bid Rigging/ Rotating: Contractor certifies that Contractor has not been barred from contracting with
any unit of state or local government as a result of a violation of 720 ILCS 5/33E-3 (bid-rigging) or 720 ILCS 5/33E-4 (bid-rotating).
F. Felony Conviction: Contractor certifies that it is not barred pursuant to 30 ILCS 500/50-10 from
conducting business with the State of Illinois or any agency as a result of being convicted of a felony.
G. Debt Delinquency: Contractor certifies that Contractor is not barred from being awarded a contract pursuant to 30 ILCS 500/50-11, which prohibits a person from submitting a bid or entering into a contract with a State agency if he/she or any affiliate knows or should have known that he/she or any affiliate is delinquent in the payment of any debt to the State, as determined by the Debt Collection Board, unless they have entered into a deferred payment plan. Further, Contractor acknowledges that the Owner may declare any contract with Contractor void if Contractor becomes delinquent in the payment of any debt as set forth in 30 ILCS 500/50-11 during the term of the contract.
H. Remittance of Illinois Use Tax: Contractor certifies that Contractor is not barred from being awarded a
contract pursuant to 30 ILCS 500/50-12, which prohibits a person from entering into a contract with a State agency if it, or any affiliate, has failed to collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of the Illinois Use Tax Act. Contractor acknowledges that the Owner may declare any contract with Contractor void if this certification is false.
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I. Environmental Protection Act: Contractor certifies that Contractor has not been found in willful or
knowing violation of the Environmental Protection Act. Unless otherwise provided, no person or business found by a court or the Pollution Control Board to have committed a willful or knowing violation of Section 42 of the Environmental Protection Act shall do business with the State of Illinois or any State agency from the date of the order containing the finding of violation continues to have any involvement with the business. A person or business otherwise barred from doing business with the State of Illinois or any State agency may be allowed to do business with the State of Illinois or any State agency if it is shown that there is no practicable alternative to the State to contracting with that person or business. (30 ILCS 500/50-12)
J. Lead Poisoning: Contractor certifies that, pursuant to P.A. 94-879, if Contractor is the owner of
residential rental property in Illinois it has not committed a willful or knowing violation of the Illinois Lead Poisoning Prevention Act that has not been mitigated.
K. Drug-Free Workplace: Contractor certifies that Contractor is in compliance with the Drug-Free
Workplace Act (30 ILCS 580/1, et. seq.). The Act requires, in part, that contractors with 25 or more employees take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance programs, of prohibited activities and of sanctions that will be imposed for violation; and that contractors not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of any contract with Owner.
L. International Boycott: Contractor/vendor certifies that neither the contractor nor any substantially-
owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 (50 USCA App. §2401 et seq.) or the regulations of the U.S. Department of Commerce promulgated under that Act.
M. Forced Labor: Contractor/vendor certifies in accordance with the State of Illinois State Prohibition of
Goods from Forced Labor Act (30ILCS 583/) that no foreign-made equipment, materials, or supplies furnished to the State may be produced in whole or in part by forced labor, convict labor, or indentured labor under penal action.
N. Child Labor: Contractor certifies in accordance with Public Act 94-0264 that no foreign-made
equipment, materials, or supplies furnished to the State under the Contract have been produced in whole or in part by the labor of any child under the age of 12.
O. IITAA: As required by Illinois Public Act 095-0307, all information technology, including electronic
information, software, systems, and equipment, developed or provided under this contract must comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards as posted at http://www.dhs.state.il.us/iitaa.
P. Procurement of Domestic Products: Please check the statement below that applies to the materials and
procured products you are offering in this Contract. For the purposes of this question, “manufactured in the United States” means in the case of assembled articles that final assembly occurred in the United States.
___ We certify that all offered articles were/will be manufactured in the United States. We understand that, if we are awarded a contract based on a
preference for US manufactured goods under the Procurement of Domestic Products Act (PA 93-0954), this certification will become
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part of the contract, and, if we knowingly supply non-US manufactured goods, we will be subject to penalties that include debarment for five (5) years, voiding of the contract, and civil damages.
___ We are unable to certify that all offered articles were/will be manufactured in the United States.
Q. Disclosure of Business with Iran:
Does the following information apply to your firm? You must affix your signature below indicating whether the information does or does not apply to your firm. Failure to respond will disqualify your firm from being awarded a contract.
Within the 24 months before submission of the bid, offer, or proposal the bidder, offeror, or proposing entity, or any of its corporate parents or subsidiaries, has had business operations that involved contracts with or provision of supplies or services to (a) the Government of Iran; (b) companies in which the Government of Iran has any direct or indirect equity share; (c) consortiums or projects commissioned by the Government of Iran; or (d) companies involved in consortiums or projects commissioned by the Government of Iran;
AND
(1) more than 10% of the company's revenues produced in, or assets located in, Iran involve oil- related activities or mineral-extraction activities; less than 75% of the company's revenues produced in, or assets located in, Iran involve contracts with or provision of oil-related or mineral-extraction products or services to the Government of Iran or a project or consortium created exclusively by that government; and the company has failed to take substantial action;
OR
(2) the company has, on or after August 5, 1996, made an investment of $20 million or more, or any combination of investments of at least $10 million each that in the aggregate equals or exceeds $20 million in any 12-month period, that directly or significantly contributes to the enhancement of Iran's ability to develop petroleum resources of Iran.
____________________________
Signature
_______________________________
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Federal Taxpayer Identification Number & Legal Status Under penalties of perjury, I certify that__________________is my correct Federal Taxpayer Identification Number. I am doing business as a (please check one): __Individual __Real Estate Agent __Sole Proprietorship __Governmental Entity __Partnership __Tax Exempt Organization __Corporation (IRC 501 (a) only) __Not-for-Profit Corporation __Trust or Estate __Medical and Health Care Services Provider Corporation
Your Company Name____________________________________________________________
FIRM NAME CONTACT PERSON _______ STREET ADDRESS ________ CITY STATE ZIP CODE _ DEPT. OF HUMAN RIGHTS ID. NO.
*If no identification number is indicated, show date on which Form PC-1 was filed with Illinois Department of Human Rights (IDHR).
Date Filed With IDHR: TELEPHONE NUMBERS: Toll Free 1-800- Business No ( ) Fax No. ( ) E-mail ___________________________________________________________________ AUTHORIZED SIGNATURE (MUST BE HAND-WRITTEN) Under penalties of perjury, the undersigned bidder does swear or affirm that:
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V. NO BID REPLY FORM BIDDER: To assist the University in obtaining good competition on our request for bids, we ask that each firm that received an invitation but does not wish to bid state their reasons below. This information will not preclude receipt of future invitations unless you request removal from the ‘Bidder’s List’ by indicating below. We hereby submit a “NO BID” because: We are not interested in selling through the bid process. We do not wish to bid under the terms and conditions of the Request for Bid document.
Please detail objections to these documents below:
We do not feel that we can be competitive. We cannot submit a bid because of the marketing or franchising policies of the manufacturing
company. We do not wish to sell to a State Agency. Please detail objections below:
We do not sell the items on which bids are requested. Other:
We wish to: Remain on the Bidder’s List Be deleted from the Bidder’s List Firm Name: Signature:
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VI. Disclosures of Financial Interests and Potential Conflicts of Interests
1. The form entitled “Financial Interests and Potential Conflicts of Interests Disclosures” can be found on the web at http://www.procure.stateuniv.state.il.us/forms.htm.
2. This form must be completed in full. Please note that Bidders will be rejected if this form is
not completed in full and returned with the Bidder’s Bid.
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CCoonnttrraacctt
Parties
This Contract is entered into between The Board of Trustees of Chicago State University, on behalf of Chicago State University (hereinafter referred to as “University”), and with _____________________________________________________________________________ (hereinafter referred to as “Contractor”) which has a principal address at ______________________________________________________________________________________________________ _____________________________________________________________________.
Scope of Services to be Performed
Contractor agrees to provide the following services: __________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________. A list of attachments is incorporated by reference as follows: __________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________. (If additional space is required, please attach a separate sheet to this Contract.)
Duration of Contract
The term of this Contract shall begin __________________________________ and end __________________________________. If the date of full execution of this Contract (signature by both parties) is later than the beginning date stated above, the date of full execution shall be considered the beginning of the term. Contractor shall not supply any goods or services prior to full execution of this Contract. Work performed prior to execution of Contract will result in nonpayment by the University. The parties [PLEASE CHECK ONE BOX] may may not renew this Contract upon mutual agreement for an addition term as follows: ______________________________________. In the event that parties choose to renew this Contract, a renewal form must be executed prior to the end date indicated in the preceding paragraph.
Rate of Compensation
Maximum Price: Maximum price for this Contract is the total compensation for the services specified, plus reasonable
and allowable expenses, not to exceed a total of $________________________.
Travel Expenses: Reasonable travel expenses not to exceed $______________ will be reimbursed with prior University
approval and in accordance with University policy. (This amount must be included in Maximum Price listed above.) Reimbursement requires appropriate documentation as determined by the University.
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Method of Payment: The University agrees to pay Contractor no more frequently than monthly for services rendered for the Contract period in accordance with the amounts specified in Contract. The rate of payment will be: [PLEASE CHECK ONE BOX BELOW AND COMPLETE INFORMATION REQUESTED.]
A one-time lump sum payment of $____________________; OR
At the rate of $____________________ per _______________ (i.e. hour, day, month), as invoiced _______________ (length of time, i.e. monthly, quarterly); OR
An initial payment of $____________________, to be followed by _________ additional payment(s) which total $____-
___________ as invoiced for this Contract.
Other arrangement as follows:
______________________________________________________________________________________________________ ______________________________________________________________________________________________________ _________________________.
Any applicable discount will be taken if payment is processed within the stated time. Payment of interest may be available if University fails to comply with the State Prompt Payment Act (30 ILCS 540/0.01), and will be subject to its terms only. Due to subsequently discovered evidence, University may withhold or nullify the whole or any part of any invoice to such extent as University may deem necessary to protect University from loss relating to: (1) unsatisfactory work performed; (2) failure of Contractor to make required payments to subcontractors; (3) damage to University property or related liability; or (4) incomplete, inaccurate, or unauthorized billing. Contractor is responsible for completing the scope of work specified in this Contract. University may withhold final payment until all services, reports and/or other deliverables specified herein have been completed in a form satisfactory to University. Method of Billing: To receive payment, Contractor must submit an appropriately itemized invoice to University for services performed and allowable expenses incurred.
Termination
University may cancel this Contract for breach, as determined by University, for items such as but not limited to: failure to meet insurance requirements, failure to meet required performance or progress standards as described herein, or unsatisfactory quality or level of service to University. This cause for breach may include any cessation or diminution of service which, in the opinion of University, is not in its best interest. University shall notify Contractor in writing of any Contract breach. Contractor shall remedy the breach within ten (10) calendar days. If the breach is not remedied in ten (10) calendar days, University may cancel the Contract by giving thirty (30) days’ notice in writing of its intention to cancel this Contract. Should University breach any terms or provisions of the Contract, Contractor shall serve written notice on University setting forth the alleged breach and demanding compliance with the Contract. Unless within ten (10) calendar days after receiving such notice the allegation shall be contested or such breach shall cease and arrangements be made for corrections, Contractor may cancel the Contract by giving thirty (30) days notice in writing of its intention to cancel this Contract. In the event of cancellation for breach, Contractor shall be paid only for work satisfactorily performed up to the date of cancellation. In the event of early termination or cancellation for any cause, no payment for services performed will be made until and unless any necessary reports and/or deliverables have been provided. This Contract may be terminated without cause by either party upon ________ days’ written notice. Upon termination, Contractor shall be paid for work satisfactorily completed.
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CERTIFICATIONS by contractor
Bribery: Contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-5. Section 50-5 prohibits a Contractor from entering into a contract with a State agency if Contractor has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, or if Contractor has made an admission of guilt of such conduct which is a matter of record. Contractor further acknowledges that the chief procurement officer may declare the related contract void if this certification is false.
Felony: Contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-10. Section 50-10 prohibits a Contractor from entering into a contract with a State agency if Contractor has been convicted of a felony and five (5) years have not passed from the completion of the sentence for that felony. Contractor further acknowledges that the chief procurement officer may declare the related contract void if this certification is false.
Prohibited Bidders and Contractors: Contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-10.5 which prohibits a Contractor from entering into a contract with a State agency if the Contractor, or any officer, director, partner, or other managerial agent of Contractor has been convicted within the last five (5) years of a felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953 or if Contractor is in violation of Subsection (e). Contractor further acknowledges that the chief procurement officer shall declare the related contract void if this certification is false. Debt Delinquency: Contractor certifies that it and any affiliate is not barred from being awarded a contract under 30 ILCS 500/50-11 which prohibits a Contractor from entering into a contract with a State agency if Contractor knows or should know that it, or any affiliate, is delinquent in the payment of any debt to the State as defined by the Debt Collection Board. Contractor further acknowledges that the chief procurement officer may declare the related contract void if this certification is false. Collection and Remittance of Illinois Use Tax: Contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-12 which prohibits a Contractor from entering into a contract with a State agency if Contractor, or any affiliate, has failed to collect and remit Illinois Use Tax on all sales of tangible personal property in the State of Illinois in accordance with the provisions of the Illinois Use Tax Act. Contractor further acknowledges that the chief procurement officer may declare the related contract void if this certification is false. Environmental Protection Act: Contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-14 which prohibits a Contractor from entering into a contract with a State agency if Contractor has been found by a court or the Pollution Control Board to have committed a willful or knowing violation of the Environmental Protection Act within the last five (5) years. Contractor further acknowledges that the contracting State agency may declare the related contract void if this certification is false. Lead Poisoning Prevention Act: Contractor certifies that it is not barred from being awarded a contract or subcontract under 30 ILCS 500/50-14.5 which prohibits owners of residential buildings who have committed a willful or knowing violation of the Lead Poisoning Prevention Act (410 ILCS 45) from doing business with any State agency until the violation is mitigated. Contractor acknowledges that the contracting State agency may declare this contract void if this certification is false. Revolving Door Prohibition: Contractor certifies it is not in violation of 30 ILCS 500/50-30 which prohibits chief procurement officers, associate procurement officers, State purchasing officers and their designees whose principal duties were directly related to State procurement from engaging in any procurement activity for a period of two (2) years after terminating an affected position relating to an agency most recently employing them in an affected position for a period of at least six (6) months. Forced Labor: Contractor certifies in accordance with the State of Illinois State Prohibition of Goods from Forced Labor Act (30 ILCS 583/10) that no foreign-made equipment, materials, or supplies furnished to the State may be produced in whole or in part by forced labor, convict labor, or indentured labor under penal action.
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State Prohibition of Goods From Child Labor Act: Contractor certifies that no foreign-made equipment, materials, or supplies furnished to the State under this contract have been produced in whole or in part by the labor of any child under the age of twelve (30 ILCS 584/10). Educational Loan: Contractor certifies that it is not in default on an educational loan as provided in the Educational Loan Default Act (5 ILCS 385/3). Bid Rigging/Bid Rotating: Contractor certifies that it is not barred from bidding on contracts with a unit of State or local government as a result of a conviction of bid-rigging under Section 33E-3 or of bid-rotating under Section 33E-4 of the Criminal Code of 1961 (720 ILCS 5/33E-3, 5/33E-4). Discriminatory Club Act: Contractor certifies that it is not prohibited from selling goods or services to University because it pays dues or fees on behalf of its employees or agents or subsidiaries or otherwise reimburses them for payment of their dues or fees to any club that unlawfully discriminates (775 ILCS 25/0.01, et seq.). International Anti-Boycott: Contractor certifies that neither the Contractor nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. This certification applies to contracts in excess of $10,000 (30 ILCS 582). Non-Discrimination and Equal Employment Opportunity: Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), the U.S. Civil Rights Act, the Americans with Disabilities Act (42 U.S.C. § 12101, et.seq.), Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The Equal Opportunity Clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. Contractor shall comply with Executive Order 11246 entitled “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulation (41 C.F.R. Chapter 60) to the extent allowed by applicable law. Drug-Free Workplace: Contractor certifies compliance with all provisions of the Drug Free Work Place Act (30 ILCS 580/1, et seq.). If Contractor is an individual, Contractor certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of this Contract. Record Retention and Right to Audit Records: Contractor agrees to maintain books and records related to the performance of the Contract and necessary to support amounts charged to the State under the Contract for a minimum of three (3) years from the last action on the Contract. Contractor further agrees to cooperate fully with any audit and to make the books and records available to the Auditor General, chief procurement officer, internal auditor, and the purchasing agency (30 ILCS 500/20-65 (b)). Subcontractor Disclosure: Contractor will state whether or not they will utilize the services of a subcontractor to fulfill obligations under this Contract. If a subcontractor will be used, this Contract must include the names and addresses of all such subcontractors and the anticipated amount they will receive pursuant to the Contract. Contractor’s signature attests to the fact that subcontractors will not be utilized unless such a list is attached (30 ILCS 500/20-120(a)). Appropriation Contingency Clause: If this Contract is funded from State of Illinois appropriated funds, Contractor understands pursuant to 30 ILCS 500/20-60(b) that this Contract is subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to make payments under the terms of the Contract. In the event of termination for lack of appropriation, Contractor shall be paid for services performed under this Contract up to the effective date of termination. State Board of Elections Registration: Contractor certifies that either: (1) it is not required to register as a business entity with the State Board of Elections pursuant to the Procurement Code (30 ILCS 500/20-160). Further, the Contractor acknowledges that all contracts between State agencies and a business entity that do not comply with this Section shall be voidable under the Procurement Code (30 ILCS 500/50-60); or (2) Contractor certifies that it has registered as a business entity with the State Board of Elections and acknowledges a continuing duty to update the registration pursuant to the Procurement Code (30 ILCS 500/20-160). Further, Contractor
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acknowledges that all contracts between State agencies and a business entity that do not comply with this Section shall be voidable under the Procurement Code (30 ILCS 500/50-60). Excluded Party List: Contractor certifies that neither Contractor nor any of its employees or subcontractors who may provide services pursuant to any contract with University is currently the subject of an investigation or proceeding to exclude it as a provider under Medicare or Medicaid or under any other federal or state health care program or under any third party insurance program, nor is it currently excluded or debarred from submitting claims to Medicare or Medicaid or to any other federal or state health care program or to any third party insurer. Contractor represents and warrants it has checked the U. S. General Service Administration’s (GSA) Excluded Party Listing System (EPLS) which lists parties excluded from Federal procurement and non- procurement programs. The EPLS website includes GSA/EPLS, the U. S. Department of Health and Human Services (HHS) Office of Inspector General’s (OIG) List of Excluded Individuals/Entities (LEIE), and the U.S. Department of Treasury’s (Treasury) Specially Designated Nationals (SDN) list. Contractor also represents and warrants it has checked the Illinois Department of Public Aid (IDPA) OIG Provider Sanctions list of individuals and entities excluded from state procurement with respect to Contractor’s employees and agents. See the following websites: http://epls.arnet.gov and http://www.state.il.us/agency/oig/search.asp. Contractor certifies that neither Contractor, nor any of its employees or subcontractors who may provide services pursuant to any Contract with University, is not currently on any State or Federal Excluded Party List. University will terminate this Contract without penalty to University if Contractor becomes excluded during the life of this Contract. Federal Funded Projects: If this Contract is federally funded, Contractor certifies that: (1) It is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) It has not, within a three (3) year period preceding this Contract, been convicted of, had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or Contract under a public transaction, violation of Federal or State Antitrust Statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement of receiving stolen property; (3) It is not presently indicted or criminally or civilly charged by a government entity (Federal, State, or Local) with commission of any of the offenses enumerated above; (4) It has not within a three (3) year period preceding this Contract had one or more public transactions (Federal, State, or Local) terminated for cause or default; (5) No Federal appropriated funds have been paid or will be paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement; (6) If any non-Federal funds have been paid or will be paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal Contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Federal Standard Form “Disclosure Form to Report Lobbying”, in accordance with its instructions; and (7) It shall require that the language of this certification be included in the award documents for all sub- awards at all tiers and that all sub-recipients shall certify accordingly. Prevailing Wage Act: When applicable, Contractor and subcontractors shall pay all laborers, workers, and mechanics performing work under the Contract, no less than the prevailing rate of wages as determined by the Illinois Department of Labor (820 ILCS 130). Successor Vendor Clause: Contractor certifies that: (1) it will offer to assume the collective bargaining obligation of the prior employer, including any existing collective bargaining unit or units performing substantially similar work to the services covered by the Contract subject to its offer; and (2) it shall offer employment to all employees currently employed in any existing bargaining unit performing substantially similar work that will be performed under this Contract. This certification does not apply to heating and air conditioning, plumbing, or electrical services. This certification applies only to service contracts (30 ILCS 500/25-80).
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Vendor Legal Authorization: Contractor certifies it is a properly formed and existing legal entity and, as applicable, has obtained an assumed name certificate from the appropriate authority or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State (30 ILCS 500/1.15.80, 20-43). Domestic Products Act: Contractor certifies that all articles to be provided under this Contract have been or will be manufactured in the United States. Contactor understands that if it knowingly supplies non-US manufactured goods, it will be subject to penalties under the Procurement of Domestic Products Act (30 ILCS 517) that include debarment for five (5) years, voiding of the Contract, and civil damages. Illinois Information Technology Accessibility Act: Contractor certifies that all information technology, including electronic information, software, systems, and equipment, developed or provided under this Contract must comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards (30 ILCS 587).
Disclosure of Business with Iran: Contractor certifies that it has complied with the disclosure requirement of 30 ILCS 500/50-36 requiring companies seeking to do business with University to make certain disclosures related to the conduct of business with the Government of Iran. Construction Contracts/Responsible Bidder: Contractor certifies that it is in compliance with the Construction Contracts/Responsible Bidder Requirements. Contractor and subcontractors must participate in applicable apprenticeship and training programs approved by and registered with the U.S. Department of Labor’s Bureau of Apprenticeship and Training (30 ILCS 500/30-22). Steel Products Procurement Act: Any contract for construction, reconstruction, alteration, repair, improvement or maintenance shall contain a provision that steel products used or supplied in the performance of Contract or any subcontract shall be manufactured or produced in the United States (30 ILCS 565). Conflict of Interest: Contractor covenants that it has no public or private interest and shall not acquire, directly or indirectly, any such interest that would conflict in any manner with the performance of its services under this Contract. Contractor agrees to comply with the provisions of the Illinois Procurement Code prohibiting conflicts of interest (30 ILCS 500/Article 50). All the terms, conditions and provisions of Article 50 apply to this Contract and are made a part of this Contract the same as though they were incorporated and included therein. Contractor further represents that the disclosures required by Section 50-35 of the Illinois Procurement Code (30 ILCS 500/50-35), if applicable, have been made and are true and correct.
General Provisions
Governing Law: This Contract shall be governed in all respects by the laws of the State of Illinois. Health Insurance Portability And Accountability Act (HIPAA): Contractor will comply with the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the regulations promulgated thereunder, to the extent applicable in each transaction. Family Educational Rights And Privacy Act (FERPA): Many student educational records are protected by FERPA and the written authorization of student(s) must be obtained before student data can be released to anyone. Contractor shall be required to ensure all work under the Contract complies with FERPA and to indemnify and hold harmless University from any claims, complaints and/or causes of action arising from an alleged violation of FERPA. Indemnification: Contractor shall indemnify and hold University and its officials, representatives and employees harmless from and against any and all loss, claims, damages, or judgments for damages and expenses incidental to the defense thereof (including reasonable attorney’s fees) brought or entered against or incurred by, any or all of them to the extent such is a direct result of the negligent or wrongful act or omission of Contractor or its agents, employees or subcontractors in connection with the performance or act of Contractor under the Contract. This indemnification shall survive the termination of the Contract. To the extent permitted by Illinois law and not inconsistent with the doctrine of sovereign immunity, University shall indemnify and hold Contractor harmless from any claims, demands, costs and expenses including reasonable attorney’s fees, arising out of negligent actions by University, its officers,
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employees and agents in the performance of obligations under this Contract, provided that said claims, demands, costs and expenses have not been caused by or alleged to have been caused in whole or in part by the negligent or willful misconduct of Contractor. The parties agree that all claims against University are subject to the Illinois Court of Claims Act (705 ILCS 505 et seq.). Full Performance: Contractor and University for themselves, their successors, executors, administrators, and assigns, hereby agree to the full performance of the above covenants herein contained. Correct/Updated Information: Contractor certifies that the information contained herein is correct. Contractor understands that misrepresentation may be cause for removal from the qualified Vendor/Contractor list and any other penalties allowed by law. If any of the Contractor information on this Contract changes, Contractor must complete a new Contract and submit to University. Confidentiality: Contractor recognizes and acknowledges that this Contract creates a confidential relationship between Contractor and University and that any information furnished by University shall be treated as confidential. Contractor shall not disclose information unless specifically authorized and required to do so by law. Contractor is hereby advised that any part of this Contract or any materials provided by Contractor and marked as confidential, proprietary, or trade secret, can be protected only to the extent permitted by Illinois statutes. Multi-Year Contracts: Unless this Contract indicates otherwise, if the term of Contract extends beyond the end of the current fiscal year, the Contract is subject to termination and cancellation without penalty, accelerated payment, or other recoupment mechanisms, in any fiscal year for which the General Assembly fails to make adequate appropriation to cover the University’s procurement obligations (30 ILCS 500/20-60). Force Majeure: Neither party shall be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is the result of an Act of God (e.g., fire, flood, inclement weather, epidemic, or earthquake); war or act of terrorism, including chemical or biological warfare; labor dispute, lockout, strike, embargo; government acts, orders, or restrictions; failure of suppliers or third persons; or any other reason where failure to perform is beyond the reasonable control, and is not caused by the negligence, intentional conduct or misconduct of the defaulting party, and the defaulting party has exercised all reasonable efforts to avoid or remedy such force majeure. The defaulting party must provide notice of the force majeure event to the remaining parties as soon as practicable after such an event. University shall not be liable for any payments to Contractor nor shall Contractor be required to perform or pay any damages for failing to perform under this Contract. Entire Contract: This Contract, attachments and incorporated references shall constitute the entire Contract between the parties with respect to the subject matter herein and supersedes all prior communications and writings with respect to the content of said Contract. In case of any conflict between this Contract and any attachments or incorporated references, the terms of this Contract shall prevail. No modifications, renewal, extension, or waiver of this Contract or of any of the provisions of this Contract shall be binding upon either Contractor or University unless reduced to writing and duly executed as provided for in the Contract.
TaxPayer Identification
Under penalties of perjury, the Contractor certifies that its Federal Taxpayer’s Identification Number or Social Security Number is __________________________________ and is doing business as: [PLEASE CHECK APPROPRIATE BOX BELOW]
Individual Governmental
Tax Exempt. Pharmacy (Non-Corp.)
Corporation providing or billing medical and/or health care services Pharmacy/Funeral Home/Cemetery (Corp.)
Corporation NOT providing or billing medical and/or health care services Limited Liability Corp. (select applicable tax classification
below)
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SIGNATORIES
This Contract shall not be binding until signed by all parties. The persons signing this Contract represent and warrant that they have authority to bind their respective parties. This Contract is invalid unless signed by the President or designee for the Board of Trustees of Chicago State University. For the Board of Trustees of Chicago State University Contractor By: _________________________________________ _____________________________________________ Vice President of Administration and Finance Signed OR Provost and Senior Vice President for Academic Affairs __________________________________________ Name _____________________________________ _______________________ Date Title _________________________________________ _________________________________________________ Date Patrick B. Cage, General Counsel _________________________________________________ Date The following signature is required on Contracts of $25,000 or more: _________________________________________________ Wayne D. Watson, Ph.D. President _________________________________________________ Date
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VIII. State Board of Elections Certification Required by Public Act 95-971
NEW STATE OF ILLINOIS REQUIREMENT PLEASE READ CAREFULLY BEFORE RESPONDING
State Board of Elections Certification Required by Public Act 95-971 INSTRUCTIONS: Any firm or individual who wishes to submit a bid or proposal in response to this solicitation must make the certification below. If you do not make the certification below (and attach a copy of the certificate of registration from the State Board of Elections, if required), your bid or proposal cannot, by law, be accepted by the University.
Note: If you do $50,000 worth of business annually with the State of Illinois, including the state universities, you are required to register with the State Board of Elections and obtain from them a certificate confirming your registration. Responses to Invitations to Bid, Requests for Proposals, Requests for Information, and all other types of procurement solicitations are included in the calculation of this $50,000 annual amount, whether you receive a resulting award or not. If you do less than $50,000 worth of business annually, you may be exempt from the registration requirement. Please refer to Public Act 95-971, which is available at http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0971&GA=095, and the State Board of Elections website (www.elections.il.gov) for more specific information on whether you are required to register or not. Information on how to submit copies of the registration certificate to the Chief Procurement Officer for Higher Education is available at the Illinois Public Higher Education Procurement Bulletin website (http://www.procure.stateuniv.state.il.us ). CERTIFICATION:
You must check the box that applies to you: The bidder/proposer certifies that: 1. it is not required to register as a business entity with the State Board of Elections pursuant to
Section 20-160 of the Procurement Code; or
2. (a) it has registered as a business entity with the State Board of Elections pursuant to Section 20-160 of the Procurement Code;
(b) it has provided a copy of its Certificate of Registration with its response to this solicitation; (c) it has submitted a copy of its Certificate of Registration to the Chief Procurement Officer for Higher Education; and (d) it acknowledges a continuing duty to update its registration.
The bidder/proposer also acknowledges that any contracts entered into with bidder/proposer are voidable by the University if bidder/proposer fails to comply with the requirements of Section 20-160 of the Procurement Code.
Reminder
_____Unless you are currently exempt from registering under Box #1 above, you are required to provide a copy of your
certificate of registration with your bid or proposal. Before submitting your bid or proposal, check here to confirm that a copy
of your certificate of registration is attached.

IFB #1349PP - procure.stateuniv.state.il.us

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Transcript of IFB #1349PP - procure.stateuniv.state.il.us